The Children's Aid Society sought a protection finding and an order of Crown wardship for a child apprehended at birth due to the mother's substance abuse and mental health issues.
The mother passed away shortly after the child's birth.
The father, who had separated from the mother, sought to parent the child.
The Society argued the father lacked parenting capacity based on observations during supervised access and a parenting program.
The court found the child in need of protection but dismissed the request for Crown wardship, finding the Society's concerns about the father's parenting abilities were overstated and did not justify the most intrusive order.
The court ordered the child placed in the father's care for 10 months subject to a supervision order with terms and conditions, emphasizing the principle of the least disruptive course of action.