SCC’s fluid treatment of ‘best interests of the child’ test: Seminal jurisprudence

By Barb Cotton and Christine Silverberg (February 10, 2021, 10:12 AM EST) -- The test of what is in the “best interests” of the child is entrenched as a guiding principle in modern family law in Canada, and now embedded in the pending amendments to the federal Divorce Act and family law legislation of the provinces. The Supreme Court of Canada appears to have established a fluid test, dependent on the circumstances, in consideration of the facts before the court. The test has been made more specific when viewed through the focused lens of litigation in the lower courts and through enhanced provisions of provincial legislation....
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