What is the scope of appellate review in family law matters generally and child protection cases specifically?

Prince Edward Island, Canada


The following excerpt is from P.P. v. D.C.W. (P.E.I.), 2006 PESCAD 12 (CanLII):

I am mindful of the limited scope of appellate review in family law matters generally, and child protection cases specifically. See: Van de Perre v. Edwards 2001 SCC 60; [2001] 2 S.C.R. 1014. Appeals in the latter are to be reviewed on the standard that in relation to findings of fact, the trial judge must be palpably wrong before the court will interfere. In relation to matters of law, the trial judge must, however, be correct and where the appeal court is of the opinion there is an error of law it has a duty to intervene.

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