What is the role of a judge on appeal?

As stated by Flynn J. in Children’s Aid Society of the Regional Municipality of Waterloo v. B.A.[2] the function of a judge on appeal is to determine whether the justice below applied the correct test, whether he disregarded, misapprehended or failed to appreciate the evidence before him and whether he made findings which cannot be reasonably supported by the evidence.

I am satisfied that the hearing judge stated the correct test. After so doing he then reviewed the evidence as to the previous history, including the fact that earlier attempts had been made to leave the child with the mother and the grandmother. Although he may not have stated the test as noted in C.F.S. Ottawa-Carleton v. T (supra), I am satisfied that his consideration of the facts reported by the mother that the grandmother was using and selling drugs and that the relationship between the mother and grandmother at that time had broken down, and that the father was a convicted and untreated sexual offender warranted a reasonable finding that in those circumstances there was a reasonable possibility that if returned to the mother and grandmother it was more probable than not that the child would suffer harm. I am not satisfied that any promise by the grandmother now to discontinue doing so can be relied upon.