Michael Cormier

Two child protection agencies sought Crown wardship of five children born to deaf parents.

The four older children had been in care for over five years, and the youngest was apprehended at birth.

The parents sought the return of all children.

The court found all five children to be in need of protection due to the parents' history of transience, inability to meet the children's significant developmental needs, and lack of a stable housing plan.

The court ordered Crown wardship for all five children without parental access, finding that the parents could not provide the necessary stability and that parental access would not be beneficial and meaningful or would impair adoption.

Sibling access was ordered.

This decision addresses a costs issue following a temporary care and custody motion in a child protection proceeding.

The court had previously found that the society improperly apprehended several children without a warrant immediately after a justice of the peace refused an apprehension warrant, criticizing the society’s reliance on an incorrect statutory provision and its disregard for the earlier judicial decision.

Although costs are not presumptively awarded in child protection matters under r. 24(2) of the Family Law Rules, the court held that costs may be appropriate where a society engages in procedural misconduct or irregularity causing unnecessary litigation.

The court concluded that the society’s misuse of statutory authority and resulting wrongful apprehension directly caused the respondent to incur additional legal expenses.

A costs award of $3,250 inclusive of disbursements and HST was ordered against the society.