What is the test for opinion evidence in a child and family services case?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Owen Sound and Grey County v. A.C., 2005 ONCJ 563 (CanLII):
[27] The circumstances of the present case must first of all be distinguished from the factual situations in The Queen v. Abbey and The Queen v. Mohan, which were criminal cases and with a jury. In the present case under the Child and Family Services Act, the test is not whether a charge has been proven beyond a reasonable doubt, but on this status review hearing what is in the best interests of the child. That is, in my view, a significant distinguishing feature in terms of the considerations for admissibility of and the weight to be given to the report of a witness who has been qualified to give opinion evidence.
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