How have courts interpreted legislation in the context of a review hearing?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. M.B., 2011 ONCJ 730 (CanLII):
[116] Catholic Children’s Aid Society of Metropolitan Toronto v. C.M., 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165 considered Ontario legislation in the context of a review hearing. The legislation specifies the procedure to be followed, the evidentiary requirements, and the objectives to be taken into account. In her conclusion, L’Heureux-Dubé J. stated (at ¶48): 48. The law that courts must apply in the present case is the Ontario CFSA which, properly interpreted, mandates a careful balancing of its paramount objective of the best interests of the child with the value of maintaining the family unit and minimizing state intervention. …
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