Can a Director of Child and Family Services obtain a warrantless apprehension and a prompt post-apprehension hearing?
British Columbia, Canada
The following excerpt is from E.B. v. British Columbia (Children and Family Development), 2015 BCSC 1685 (CanLII):
The amended petition quotes extensively from the dissenting reasons for judgment of McLachlin C.J.C. and Arbour J. in Winnipeg Child and Family Services v. K.L.W., 2000 SCC 48 [K.L.W.]. The amended petition suggests that the law provides that a warrantless apprehension is unlawful, in part because the Director acts as both investigator and decision-maker. However, in K.L.W., the majority of the court upheld legislation which permits a warrantless apprehension of children and has provisions for a prompt post-apprehension hearing, even though the child protection agency in that case was in effect both investigator and decision-maker.
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