The respondent parents brought a constitutional motion challenging the validity of section 54 of the Child and Family Services Act, which permits courts to order parenting capacity assessments.
The parents argued the section was unconstitutionally vague, that the adverse inference provision violated the Charter, that the exclusion of foster parents was discriminatory, and that assessments violated section 8 rights.
The court dismissed all constitutional arguments, finding that section 54, read in conjunction with Ontario Regulation 25/07, provides sufficient criteria and guidance for ordering assessments.
The court also found the adverse inference provision reasonable in child protection proceedings and that foster parents are appropriately excluded from assessments at the protection stage.
