What is the test for establishing that society’s interest in protecting children from sexual abuse is paramount?
Ontario, Canada
The following excerpt is from Family and Children's Services of St. Thomas and Elgin County v. F.(W.), 2003 CanLII 54117 (ON CJ):
[363] In Winnipeg Child and Family Services v. K.L.W., supra, the court (per Justice L’Heureux-Dubé) recognized that society’s interest in protecting children from abuse was paramount to all other interests. She suggested that paying allegiance to this paramount interest could limit or breach other Charter interests, such as the parent’s interest and therefore the process must be in accord with principles of fundamental justice.
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