In support of a joint family plan, does the Child and Family Services Act, R.O. 1990, c.61(2) make a presumption in favour of a community or kin plan?

It is also argued that in support of the joint family plan, the Act, at s. 101(4) does not create a presumption in favour of a community or kin plan. The mother relies upon the decision of Aston J. in Children's Aid Society of London and Middlesex v. S.(L.), [2005] O.J. No. 5599. At paras 23 and 24 of that decision, Aston J. held that Child and Family Services Act, R.S.O. 1990, c. C.11 [as amended] s. 57(4) (now s. 101(4)) requires the court to first consider if it is possible to place the child with a “relative, neighbor or other member of the child’s community or extended family.” The appropriate test, wrote Aston J., is “to weigh and to balance the merits of placing” a child with a community member or “alternatively making a Crown wardship order without any starting presumption in favour of one or the other. The comparison is strictly limited to an examination of the advantages and disadvantages of those competing dispositions using the best interests of the child yardstick.”