What are the conflicting Charter rights of a parent and the best interests of the child?

Ontario, Canada


The following excerpt is from E.R. v P.L., 2016 ONSC 7492 (CanLII):

In Children and Family Services for York Region v. H.C., Olah J. considered the conflicting question of a parent’s and the child’s s. 2 and s. 7 Charter rights and concluded: 19 While the state acknowledges the need for the timely resolution of a child's placement, the state, in seeking custody of the parent's child, engages the parent's section 7 Charter rights. These rights necessitate that the parents be able to participate properly and fully in the trial. However, the parents' Charter rights may come into conflict with the best interests of the child. While a balance between these two criteria is preferred, in the event that such a balance cannot be found, the best interests of the child must prevail. This statement is not to say that the rights of the parents should be ignored.

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