Child welfare officials have no duty to parents: top court
Last Updated: Friday, July 27, 2007 | 12:07 PM ET
CBC News
Related
Internal Links
Video
- Michelle Cheung reports for CBC-TV (Runs: 1:51)
- Play: Real Media »
- Play: QuickTime »
Child welfare authorities don't owe parents a duty of care, Canada's top court ruled Friday, saying such an obligation would put the treatment of children at risk by creating a conflict of duties.
The unanimous Supreme Court of Canada ruling marks the end of a lengthy battle by a southwestern Ontario family for millions of dollars in damages.
They claimed a treatment centre and social worker owed them a responsibility and had been negligent by depriving them of a relationship with their daughter.
But the court ruling found there can be no dual responsibility because it would hinder the care of the children. The system's paramount duty is to do what is best for the child, the ruling says.
"To recognize such a legal duty to the family of a child in their care would pose a real risk that a secure treatment centre and its employees would have to compromise their overriding duty to the child," the ruling says.
In 1995, the family's 14-year-old daughter, identified in the case as R.D., was taken from their custody after she wrote a short story for school claiming her parents sexually and physically abused her.
The parents claimed the allegations were false and that she had a history of mental illness. No criminal charges were ever laid and the case never went to trial.
The family filed a lawsuit against a case worker and the treatment centre asking for $40 million in damages.
The suit alleged the centre treated R.D. as if she were a sex abuse victim even though she wasn't and failed to try to reintegrate the teen into her family.
They argued the interference caused them emotional distress and nervous shock for having been deprived of a relationship with the girl.
The girl had been sent to a facility for mentally disturbed teens, the Syl Apps Secure Treatment Centre, after three suicide attempts. She later agreed to become a ward of the state, despite her parents' objections.
When the family filed the lawsuit, Syl Apps tried to have it tossed out. In 2006, the Ontario Court of Appeal quashed their attempt and the treatment centre and social worker then appealed to the Supreme Court.
Share Tools
Top News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- B.C. premier unhappy with disgraced Mountie's transfer
- B.C. Premier Christy Clark says she is not happy with the RCMP decision to transfer a disgraced Alberta Mountie to the West Coast. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
- Henrique's OT goal sends Devils into Stanley Cup final
- The New Jersey Devils will vie for a potential fourth Stanley Cup in franchise history after defeating the New York Rangers in six games in the Eastern final, courtesy of rookie Adam Henrique's goal early in overtime. more »
Latest Canada News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- B.C. premier unhappy with disgraced Mountie's transfer
- B.C. Premier Christy Clark says she is not happy with the RCMP decision to transfer a disgraced Alberta Mountie to the West Coast. more »
- Forest fires still burning near Timmins, Ont.
- A new forest fire is burning north of Highway 101 near Timmins, Ont., creating a new challenge for firefighters who have been working to contain another fire in the area. more »
- RCMP to close labs in Halifax, Winnipeg, Regina
- The RCMP is closing forensic laboratories in Halifax, Winnipeg and Regina and consolidating them with three others in a move the force says will lead to faster, more efficient service. more »
The National
The Current
- What does it take to get fired at the RCMP? May. 25, 2012 5:02 PM After a senior Mountie was demoted for disgraceful conduct including sex with subordinates, exposing himself and drinking on the job, some former employees wonder what you have to do to get fired.
- Aylmer triple stabbing leads to first-degree murder charges
- Everest victim's husband says family not seeking government help
- B.C. premier unhappy with disgraced Mountie's transfer
- Third B.C. salmon farm quarantined
- What a Greek euro exit could mean for Canada
- RCMP officer charged in fatal crash
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- Reclaiming the dead on Mt. Everest
- Employment Insurance review boards to be scrapped

