Pierre Plourde

The Durham Children’s Aid Society brought without-notice motions (14B Motions) to correct an error in a temporary order, seeking to change temporary care and custody to the Society, which would retroactively trigger a 24-month wardship time limit.

The Respondent Mother's counsel brought an oral motion to strike these 14B Motions and supporting affidavits.

The court found that the Society's actions were procedurally unfair, as the change would cause substantive prejudice to the Respondent Mother and she had not been noted in default.

The Society's 14B Motions were dismissed.

The mother (J.L.B.) brought a motion for various temporary orders, including the return of her child to her care under a supervision order.

While the placement of the child with the mother was agreed upon, three supervision terms and one access term remained in dispute.

The court imposed a term requiring the mother to have an alternate caregiver when using marijuana.

It rejected the Children's Aid Society's policy of an absolute ban on corporal punishment, instead applying the Supreme Court of Canada's analysis of s. 43 of the Criminal Code, which permits mild, corrective physical discipline under specific circumstances.

The court also rejected the mother's request to impose supervision terms directly on the 9-year-old child and affirmed the mother's autonomy in deciding access arrangements with extended family, requiring her to consider the child's views.

The Office of the Children's Lawyer also participated in the hearing.

A ruling on spousal privilege in a preliminary inquiry concerning charges of murder and assault with a weapon.

The court determined that the defendant's common-law spouse was a competent and compellable witness despite spousal privilege protections under s. 4 of the Canada Evidence Act.

The court applied the common-law exception to spousal incompetence where surrounding circumstances disclose a threat to the person, liberty, or health of the witness spouse.

The court also addressed jurisdictional issues regarding the joinder of murder and assault charges under s. 589 of the Criminal Code.