Is there a risk to the trial of this report if this report is excluded from the trial?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. R.(J.), 2003 CanLII 64125 (ON CJ):
[110] I deliberately chose that risk, if this report is excluded altogether from this trial. That deliberate choice compounds evidentiary problems already inherent in these cases, rooted in the reality that a child’s need for protection, if it arises at all, arises within the intimacy of the family. See Winnipeg Child and Family Services v. K.L.W., supra, at paragraphs [101] ff. I read that judgment as a clear message that a court has a duty to guard against risks that reasonably can be foreseen.
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