What is the evidentiary onus on the applicant to admit a child to a secure treatment centre?

Ontario, Canada


The following excerpt is from McMaster Children’s Hospital v. L.R-U., 2019 ONCJ 496 (CanLII):

In Ontario Shores Centre for Mental Health Sciences v. C.S., supra, I make it clear that there is a heavy evidentiary onus on the applicant. The applicant in this case stated that there had been 44 incidents of aggression between May and August. The applicant did not, however, provide any descriptions of those incidents. To admit a child to a secure treatment centre is to remove that child’s liberty. Given the seriousness of the matter, all inferences drawn from those 44 incidents were to the benefit of the respondent child. In turn, I concluded that none of the incidents caused or involved an attempt to cause serious bodily harm. [See: Ontario Shores Centre for Mental Health Sciences v. C.S., supra, at para 38].

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