Crown Wardship Orders: Important Factors that Courts Consider

A Crown Wardship order is an order that allows the Court to take someone’s children from them. After determining that it is in the best interests of the child that he/she no longer live with his/her parents and there are no other options left for the child, the Province will accept all rights and responsibilities for the child.

In the case of Children’s Aid Society of Toronto v. U. (E.), Justice Sherr ruled that a 10-year-old child required protection. Justice Sherr referred to Section 37(2) of the Child and Family Services Act to define exactly which children are in need of protection. He also highlighted the distinctive nature of child protection proceedings as opposed to other prevalent forms of civil litigation. In the former, evidence of whether the child required protection could be introduced and admitted at any time until the day of the court hearing, so long as there was adequate disclosure to all parties.

In his ruling, Justice Sherr emphasized that if the court is to come to a decision whereby the child will be taken from his parents (crown wardship), it must take extreme caution in carrying out the order, there must be compelling evidence that supports the order, and the court must have taken into consideration all possible alternatives.

Finally, Justice Sherr reiterated that due to the distinctive nature of the proceedings in child protection cases, evidence could be admitted up to the date of the court hearings. In order for the court to return the rights and responsibilities of the child to his/her parents, the court must be convinced that the risk present at the time of the apprehension of the child has been dealt with and that it would be in the child’s best interests to return home to his/her parents.

To learn more about crown warship and child protection, as well as the services provided by Krol & Krol, call 905.707.3370 today.