Justin J.B. Ellery

The mother appealed a trial decision ordering that her child be made a Crown ward without access for the purpose of adoption.

She argued the trial judge over-relied on a parenting capacity assessment and erred by not admitting a psychiatric report.

She also sought to introduce fresh evidence on appeal, including notes regarding her interactions with her second child and a new psychiatric report.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error by the trial judge.

The court held that the trial judge properly considered all evidence, correctly excluded the improperly tendered psychiatric report, and that the fresh evidence, while admissible, would not have altered the outcome given the mother's cognitive limitations and lack of support.

A child protection application brought by the agency seeking custody orders for two children under section 57.1 of the Child and Family Services Act.

The mother opposed the application and sought dismissal, alternatively requesting return of the younger child and generous access to both children.

The court found both children to be in need of protection based on risk of physical and emotional harm, and made custody orders in favour of both fathers with supervised and unsupervised access provisions for the mother.

The case involved complex procedural issues, the mother's non-cooperation with assessments, and consideration of the children's wishes and best interests.