What is the test for triggering a parent’s section 7 right to restrain their children under the Charter?

Ontario, Canada


The following excerpt is from Family and Children's Services of St. Thomas and Elgin County v. F.(W.), 2003 CanLII 54117 (ON CJ):

[178] Having found that the parents’ section 7 rights are triggered by the apprehension, I follow the analysis employed by Justice L’Heureux-Dubé in the case of Winnipeg Child and Family Services v. K.L.W., supra, to determine whether the triggering of the section 7 right constitutes a violation under the Charter and, if so, whether it conforms to the principles of fundamental justice. She sets out the balancing of three factors in that analysis: the first of these is the seriousness of the interests at stake; in the case at bar, that would involve finding out whether the children are harmed and the extent of the harm, as opposed to the interest of the parents in being able to discipline their children without State interference.

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