Canada Case Law

Schaarschmidt v. Whitcroft

Court

Supreme Court of British Columbia

On the balance of probabilities the respondent engaged in serious, frequent and recent family violence, exposed the child to that violence, and demonstrated conduct and lack of cooperation that impairs his ability to meet the child's needs; claimant's and third‑party evidence were credible while respondent's evidence was not; accordingly, to protect the child's physical, psychological and emotional safety the prior parenting orders were varied to provide primary residence to the claimant, supervised parenting for the respondent, passport and travel control to the claimant, one‑year protection…

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• Parenting arrangements
• Best interests of the child
• Family violence
• Protection orders
• Variation of prior orders
• Psychological assessment

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Kim v. Correctional Service Canada

Court

Canadian Human Rights Tribunal

The Tribunal dismissed Frank Kim’s retaliation complaint, finding no proof that CSC’s psychologist knew of his prior human rights complaints or relied on them in the report.

• Retaliation
• Disability discrimination
• Religion discrimination
• Psychological assessment
• File correction
• Parole decision

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Minister of Community Services v. KM and CB

Court

Supreme Court of Nova Scotia

The court held on the balance of probabilities that ZM, NM and SM remain children in need of protective services under s.22(2)(b),(g),(k) because the original protection finding was properly made and the circumstances giving rise to it persist: KM failed to mitigate protection concerns by refusing or failing to participate in reasonable, targeted services (psychological assessment, urinalysis, family support), the home conditions and unresolved substance-use indicators remained, KM lacked insight into the risks to her children, and less intrusive alternatives were offered and refused; accordi…

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• Permanent care and custody
• Children and family services act
• Best interests of the child
• Less intrusive alternatives
• Duty to report
• Psychological assessment

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R. v. Hayer

Court

Supreme Court of British Columbia

The court granted the Crown’s application for a pre-sentence report with a psychological component before sentencing in a manslaughter case.

• Pre-sentence report
• Psychological assessment
• Sentencing discretion
• Publication ban (s.486.5)
• Pre-sentence-report
• Psychological-assessment

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D.G.T. v. V.J.I.

Court

Supreme Court of British Columbia

The court rejected the respondent’s child sexual abuse allegations, ordered a 2/2/3 parenting schedule, limited decision-making, set child support, and fined the respondent for breaches.

• Parenting time
• Allegation of child sexual abuse
• Parental responsibility
• Child support
• Parental alienation
• Parenting coordinator

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A.N.H. v. L.D.G.

Court

Supreme Court of British Columbia

Betton J. refused leave on four applications seeking relocation-related and enforcement orders, finding them unsupported, partly collateral, and not in the children’s best interests.

• Leave to proceed
• Best interests of the child
• Collateral attack on prior orders
• Psychological assessment
• Police enforcement
• Case management

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Eze v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court upheld a RAD decision refusing new evidence and making adverse credibility findings in a refugee claim based on alleged FGM risk in Nigeria.

• Credibility
• Admission of new evidence
• Female genital mutilation
• Psychological assessment
• Procedural fairness
• Rad decision review

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2021 RLLR 62

Court

Royal Canadian Mounted Police Labour Relations

The claimant was found credible and, on the balance of probabilities, to be a homosexual male; the cumulative effect of past personal incidents and systemic discrimination in Mexico rises to the level of persecution; state protection is not uniformly adequate and an internal flight alternative is not reasonable, therefore the claimant is a Convention refugee.

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• Sexual orientation
• Persecution
• State protection
• Internal flight alternative
• Credibility
• Delay in filing

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MC0-02177

Court

Refugee Appeal Division

The appeal is dismissed because the RPD's adverse credibility findings were supported by multiple, significant inconsistencies and documents that did not match official samples, combined with lack of independent corroboration and implausible conduct (delay and failure to seek asylum abroad), such that appellants failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection.

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• Credibility assessment
• Genuineness of documents
• Convention refugee determination
• Risk of persecution
• Standard of review
• Corroboration

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Nova Scotia (Community Services) v. A.D.

Court

Supreme Court of Nova Scotia

The Minister failed to meet the burden on a balance of probabilities to justify permanent care as to C.M.; the evidence was not sufficiently clear, convincing and cogent that the children remained in need of protective services or that circumstances were unlikely to change. A.D. was found not ready and unsafe to parent the high‑needs children, but C.M. demonstrated rehabilitation, a credible plan, supports and commitment such that less intrusive alternatives remained available; accordingly the application for permanent care was dismissed and the children were returned to their father under th…

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• Permanent care and custody
• Parental capacity assessment
• Risk assessment
• Domestic violence
• Plans of care
• Psychological assessment

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