What is the test for consent under section 102 of the Child Protection Act?

[311] This court emphasized the importance of potential caregivers receiving independent legal advice before an order is made under section 102 of the Act in Children’s Aid Society of Toronto v. C.K., 2008 ONCJ 38. The importance of a person being reasonably informed as to the nature and consequences of a consent or an agreement, and of alternatives to it, and having a reasonable opportunity to obtain independent advice before entering into the consent or agreement, is reflected in subsection 21 (2) of the Act that reads as follows: 21 (2) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is valid if, at the time the consent is given or withdrawn or the agreement is made or terminated, the person, (a) has capacity; (b) is reasonably informed as to the nature and consequences of the consent or agreement, and of alternatives to it; (c) gives or withdraws the consent or executes the agreement or notice of termination voluntarily, without coercion or undue influence; and (d) has had a reasonable opportunity to obtain independent advice.