A biological father brought a motion to set aside a Crown wardship order made without notice to him in child protection proceedings.
The court considered whether a biological father who did not meet the statutory definition of “parent” under the Child and Family Services Act was nevertheless entitled to notice of the Crown wardship application.
The court held that the father had a common-law entitlement to notice and that the society had failed to take reasonable steps to identify and notify him before obtaining the order.
Applying Supreme Court of Canada authority concerning procedural fairness in child protection matters, the court concluded that the wardship order was a nullity as against the father.
The order was set aside as against him only, while the child remained temporarily in the society’s care pending further proceedings.
