What is the state’s duty to protect children from harm?
Ontario, Canada
The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.C., 2018 ONCJ 619 (CanLII):
[179] By the same token children are vulnerable. The family does not always provide a safe environment for children. Protecting children from harm has become a universally accepted goal. “Because children are vulnerable and cannot exercise their rights independently, particularly at a young age, and because child abuse and neglect have long-term effects that impact negatively both on the individual child and on society, the state has assumed both the duty and the power to intervene to protect children’s welfare.” See Winnipeg Child and Family Services v. K.L.W. ¶ 73-75.
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