What is the impact of section 7 analysis on equality issues in child protection cases?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.C., 2018 ONCJ 619 (CanLII):

[170] At ¶ 112-115 of her concurring opinion in G.(J.), L’Heureux-Dubé J. held that equality issues were engaged because women, especially single mothers, and women and men who are members of other disadvantaged and vulnerable groups, and visible minorities, are disproportionately and particularly affected by child protection proceedings. She found it important that the section 7 analysis should take into account the equality guarantee. Writing for the majority in Winnipeg Child and Family Services v. K.L.W., at ¶ 72, L’Heureux-Dubé J. once again held that already disadvantaged members of society are frequent participants in child protection proceedings.

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