This case involves two motions concerning temporary care and custody of four children apprehended by the Children's Aid Society of Algoma.
The Society sought temporary care and custody in its favour; the father sought placement of the children with himself or alternatively unsupervised liberal paternal access.
The court found that the Society failed to meet the statutory two-part test under section 51(3) of the Child and Family Services Act with respect to three of the four children.
The court was particularly critical of the warrantless apprehension of two older children, finding insufficient reasonable and probable grounds for their apprehension.
The court ordered the return of three children to their father's care and deferred determination regarding the youngest child pending further evidence on kinship placement options.
