CAS duty to disclose - broad disclosure obligation on Society - is not given to the Society to determine what is relevant for disclosure purposes - relevance is a determination for Defense Counsel to make - Litigation Privilege considered - Society hires Private Investigator but claims litigation privilege over both hiring and fruits of investigation - Litigation Privilege applies but disclosure obligation requires that Society disclose the informational component of the investigation
Child Protection Cases draw into question both section 7 and 15 of the Charter; Participants have a right to counsel; Where other funding mechanisms are insufficient, is appropriate to appoint counsel for parents
Child Protection proceedings draw into question s. 7 and 15 rights. Child's s. 7 and 15 rights implicated when association with family and kin who do not have status of parents is brought into question. This can cause a court to order appointment of counsel for grandparents and other meaningful family relations whose plans have a possibility of success.