What is the current state of the law on disclosure in the use of affidavit in child protection proceedings?
Ontario, Canada
The following excerpt is from R. v. S., 2015 ONSC 3728 (CanLII):
It is clear to me that, in the use of the affidavit for child protection proceedings, confidentiality surrounding the child is of the utmost import. However, once a child reaches the age of 16 years, or age 18 under protection, the ban on publication, dissemination or by extension, the confidentiality in the use of the affidavit is spent. Section 41(8) of the CFSA; R v. Davies, [1991] O.J. No. 3768 (C.J.) at para. 73.
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