Les services aux enfants et adultes de Prescott-Russell v. G., N.

Les services aux enfants et adultes de Prescott-Russell v. G., N.

The appeal is allowed because the oral order was ambiguous as to whether child protection workers could inspect the parents' residence prior to returning the child; given that ambiguity, conflicting factual accounts presented by affidavit should not have been resolved against the appellants in a quasi‑criminal...

Source-derived case information.

Citation
C41386, C41394
Parties
Appellant: Les services aux enfants et adultes de Prescott-Russell; Appellant: Marie-Claude Bélanger; Respondent: N.G.; Respondent: C.M.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 June 2006
Procedural Posture
Family Child Protection / Contempt Appeal / Appeal From Superior Court Motion Decision (contumacious Conduct Order)
Outcome
Appeal allowed; contempt convictions quashed; motion for contempt dismissed
Legal Topics
Contempt (civil), Clarity of Court Orders, Defence of Lawful Excuse/statutory Authority, Evidentiary Standard Beyond Reasonable Doubt, Use of Affidavits Versus Oral Evidence, Statutory Apprehension Powers
Source Language
fr
Family Law Child Protection Contempt of Court Administrative Law Contempt (civil) Clarity of Court Orders Defence of Lawful Excuse/statutory Authority Evidentiary Standard Beyond Reasonable Doubt +2 more

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Parties

Les services aux enfants et adultes de Prescott-Russell

Appellant

Marie-Claude Bélanger

Appellant

N.G.

Respondent

C.M.

Respondent

Procedural Posture

Family Child Protection / Contempt Appeal / Appeal From Superior Court Motion Decision (contumacious Conduct Order)

  1. 1 Whether different criteria apply to contempt determinations under child protection legislation
  2. 2 Whether the trial judge's order was clear and unambiguous such that non‑compliance constituted contempt
  3. 3 Whether respondents acted deliberately and voluntarily in contravention of the order

Ratio Decidendi

The appeal is allowed because the oral order was ambiguous as to whether child protection workers could inspect the parents' residence prior to returning the child; given that ambiguity, conflicting factual accounts presented by affidavit should not have been resolved against the appellants in a quasi‑criminal contempt proceeding; accordingly the contempt convictions could not be sustained beyond a reasonable doubt and are set aside.

Court Disposition

Appeal allowed; contempt convictions quashed; motion for contempt dismissed

Orders

  • Appeal allowed
  • Contempt order vacated and conviction set aside