A child protection agency brought a motion for summary judgment under Rule 16 of the Family Law Rules seeking a declaration that a child was in need of protection and an order for Crown wardship without access.
The court reviewed evidence of prenatal drug exposure, the mother’s history of opioid addiction, relapse following treatment, inconsistent engagement with counselling services, unstable housing conditions, and the resumption of a relationship with a partner associated with substance abuse and domestic violence concerns.
The court also considered the mother’s past parenting history, including a prior child protection proceeding resulting in Crown wardship of another child.
Finding that the responding parent filed no updated affidavit evidence and that the agency’s evidence was largely uncontradicted, the court held there was no genuine issue requiring a trial.
The child was declared in need of protection and made a Crown ward for the purposes of adoption with no access.
