The respondent mother brought two motions and a notice of constitutional question challenging the Children's Aid Society's investigation and cancellation of an access visit.
The mother alleged violations of her Charter rights under sections 7, 8, and 10.
She sought the return of her three children to her care, withdrawal of the protection application, and costs.
The court found no Charter violations.
The mother's section 7 rights (life, liberty, and security of person) were not infringed by the society's investigation.
The mother's section 8 rights (unreasonable search and seizure) were not violated; even if they were, the search was justified under the Oakes test and any remedy would be exclusion of evidence, not return of the children.
The mother's section 10 rights (arrest or detention) were inapplicable as she was neither arrested nor detained.
The court also dismissed the contempt motion, finding the access order gave the society discretion to cancel visits.
All motions and constitutional questions were dismissed.
