A young mother in Ottawa -- Sophie "X" was under the custody and control of the Ottawa CAS when she was a youth. She has since had both of her children taken from her at birth at the hospital without ever having hurt or neglected them in any way.
She is launching a Charter challenge to ask to the court determine whether the province is acting ultra vires (outside of its jurisdiction) when it legislated powers of enforcement and apprehension of children to the provinces (who have subsequently sub-delegated that power to private agencies called Children's Aid Societies) The Criminal Code already has provisions which protect children from abuse and neglect, therefore do the provinces have the right to create legislation which overrules the criminal code?
The Outcome of this matter will be posted once the court has decided the case.
