[208] Although, in custody cases, the presumption in favour of the biological parents has given way to the best interests standard, the presumption may continue to apply in protection hearings, as per Martin v. Duffell, [1950] S.C.R. 737, [1950] 4 D.L.R. 1, 1950 CanLII 11, [1950] S.C.J. No. 29, 1950 CarswellOnt 126, at page 746 [S.C.R.], so that the removal of a child will only be justified where the actions of parents fall below an acceptable minimum threshold and, only then, does consideration of the best interests of the child in protection hearings arise. As a consequence, it is only after the threshold issue, as to whether an order is necessary to protect the child in the future, is affirmatively established that a court may have regard for the best interests of the child.
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