The Children's Aid Society applied under the Child, Youth and Family Services Act, 2017 to commit a 12-year-old child to a secure treatment program.
The child, who resided in an unlicensed group home, had a complex neurodevelopmental disorder and frequently ran away.
The court found that while the child had a mental disorder, the Society failed to prove that he had attempted to cause serious bodily harm to himself or others within the preceding 45 days or 12 months.
The incidents relied upon—touching a worker's boot with a glass shard and setting a fire in a bathroom—did not meet the statutory threshold of attempting to cause serious bodily harm.
The application was dismissed.
