What is the current state of the law in the context of child protection proceedings?

Nova Scotia, Canada


The following excerpt is from Nova Scotia (Community Services) v. J.R., 2010 NSSC 222 (CanLII):

In Family and Children’s Services of Kings County v. Y.B. [2000] N.S.J. No. 263 (Fam.Ct.), Levy J. discussed the philosophical debate present in child protection proceedings at paras 9 and 10. He notes that although the primary role of the court is the protection of children, the integrity of the family unit must also be maintained to the extent possible. All measures taken must be as unintrusive as possible given the factual circumstances of the case. Levy J. also confirmed that an unrealistic standard of proof should not be adopted at this stage, as such could lead to the dismissal of an application respecting a vulnerable child in need of protection.

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