Lisa Laborde

The Native Child and Family Services of Toronto brought a motion for temporary care and custody of three children (Au.

B., Aa.

B., and M.P.) due to chronic neglect, poor home conditions, hygiene issues, and the mother's inability to manage her mental health and parenting.

The mother (A.B.) opposed, seeking the children's return.

The court granted the Society's motion, placing Au.

B. and Aa.

B. in the Society's temporary care and custody, and M.P. in his father's (L.P.) temporary care subject to Society supervision.

The court emphasized the overrepresentation of Indigenous children in foster care and the need for culturally appropriate support, finding that the children could not be adequately protected by a supervision order alone given the complex issues and the Society's past ineffective supervision.

The accused was charged with threatening to kill the complainant on December 14, 2012.

The trial took place in Toronto's Integrated Domestic Violence Court.

The complainant and accused had a former romantic relationship and were engaged in a contentious family court proceeding regarding custody and access to their child.

The complainant alleged that the accused threatened to kill her, that she would explode like a balloon, that he would break her, and that he sent a threatening email.

The court found the complainant's credibility was substantially damaged by her prior false affidavit recanting allegations of assault, the suspicious timing of her allegations coinciding with an unfavorable custody recommendation, and her demonstrated determination to obtain sole custody.

The court found the accused not guilty, holding that the Crown failed to prove the charge beyond a reasonable doubt.