What is the difference between a parent's right to be free from state intrusion into their relationship?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Simcoe County v. C.L.S., 2001 CanLII 39022 (ON SC):
[195] In summary, it seems that the SCC is saying that both a parent and a child have a section 7 right to be free from state intrusion into their relationship. However, a child has the additional section 7 right to be free from harm that can befall him or her in or from the family and this additional right will prevail over the parent’s right (assuming that principles of fundamental justice are complied with). Indeed, the majority decision in Winnipeg Child and Family Services v. K.L.W. seems to imply that a child’s right to be free from harm (as administered by the state) may outweigh his or her own right to have a continuing relationship with his or her natural parent.
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