2 total
Appeal of Crown wardship order dismissed; procedural breach by Society did not void jurisdiction.
The appellant mother appealed a Crown wardship order, arguing that the Children's Aid Society's prior contravention of s. 140(2) of the Child and Family Services Act rendered the order a nullity.
She also argued the trial judge relied on stereotypes about alcoholism and improperly compared her to the prospective adoptive parents.
The Court of Appeal dismissed the appeal, finding that the Society's procedural breach did not affect jurisdiction, the trial judge's assessment of alcoholism was based on evidence rather than stereotypes, and the wardship decision correctly focused on the mother's inability to provide care and the child's best interests.
Appeal allowed; order of no access granted to facilitate adoption of Crown Wards without further delay.
The Children's Aid Society appealed a Superior Court decision that remitted the issue of a mother's access to her children, who were made Crown Wards, back to the trial court for a rehearing.
The trial judge had made a 'silent with respect to access' order to facilitate adoption.
The appeal judge found this order impermissible but ordered a rehearing due to the passage of time.
The Court of Appeal allowed the appeal, holding that the appeal judge erred in ordering a rehearing and should have ordered no access, as the mother failed to rebut the presumption against access under s. 59(2) of the Child and Family Services Act.
The Court emphasized the need to avoid delay in child protection proceedings.
