“As noted by Bale J. in CCAS v. I.B. et al., 2020 ONSC 5498, at paragraph 148, a court should be mindful of the following distinctive features of child protection matters generally:
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- The best interests, protection, and well-being of children takes precedence over all other considerations: Child Youth and Family Services Act, S.O. 2017, c.14, Sched. 1, s. 1.(1);
- The interests at stake in child protection proceedings are of the highest order – few state actions can have a more profound effect on the lives of both parent and child: New Brunswick (Minister of Health and Community Services) v. J.(J.), [1993] 3 S.C.R. 46 at para. 76;
- Fairness demands recognition of the unique dynamics of the child protection litigant: women, particularly single mothers are disproportionately and particularly affected by child protection proceedings; parents are often poor, uneducated, or members of minority groups; and even when parents are represented by counsel, a power imbalance often exits: Kawartha-Haliburton Children’s Aid Society v. W.(M.)at paras. 68-69.
- The decisions made in child protection courts have life changing consequences for parents, families, and children. The court is conferred with the awesome power to permanently separate parents and children. Children are set on courses that potentially lead them to estrangement from their biological family. Parents are forever left grieving the loss of their offspring: Brant Family and Children’s Services v. A.H. and C.T., 2019 ONCJ 540at para. 7.”
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Children’s Aid Society of Niagara v. M.B. and D.J., 2023 ONSC 592 (CanLII) at 95