What is the test under section 51 of the Child Protection Act?
Ontario, Canada
The following excerpt is from Windsor-Essex Children's Aid Society v. B.(S.), 2007 ONCJ 288 (CanLII):
[13] In Children’s Aid Society of Niagara Region v. Jaimie F., 2005 CanLII 7658, 137 A.C.W.S. (3d) 1157, [2005] O.J. No. 1054, 2005 CarswellOnt 1055 (Ont. Fam. Ct.), the court stated that the test under clause 51(2)(b) of the Act is best interests and the principles set out in section 1 of the Act. The court found that, at this stage [dealing with section 51], it is not determining the issue of whether a child is in need of protection. Rather, it is determining what order will promote the best interests, protection and well being of the child, on a temporary basis.
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