news-events

Over the last month, there has been significant talk about the reliability of the test results from Motherisk at the Hospital for Sick Children. Historically, test results for drug and alcohol use generated by Motherisk have been treated by child protection authorities and the courts as being highly reliable. Recent developments suggest, however, this is not the case. In the recent case of R. v. Broomfield 2014 ONCA 725, the Court of Appeal threw out a conviction after considering the expert evidence of Craig Chatterton, deputy child medical examiner in Edmonton. Craig Chatterton was critical of the way in which Motherisk collected and prepared the sample, the methodology used to analyze it and the validity of the results. Several family law lawyers have been calling for a review of the Motherisk testing procedures. This is a significant issue in particular for the child protection bar because our clients seldom have the resources to challenge the results by, for instance, retaining another expert. As this story unfolds, we will keep our membership up to date. In the interim, this case underlines the necessity for counsel defending parents to question every test result, no matter how “reliable”.