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S. (L.) v. S. (C.)

[1997] 3 SCR 1003 Court SCC Decision date 1997-11-07 Docket 25894 English

PartiesL.S. Appellant·C.S. Respondent·Seventh‑day Adventist Church in Canada Intervener

Judges L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; McLachlin, Beverley; Iacobucci, Frank; Bastarache, Michel

Delivered by L’Heureux‑Dubé J.

On appeal from Quebec

Subjects Family law

Contents

L’Heureux‑Dubé J.

L’Heureux‑Dubé J. ‑‑ In cases involving the best interest of a child, we feel that it is appropriate to render judgment as soon as possible. We are ready to render judgment now.
Under the jurisprudence of this Court in these matters, the test is the best interest of the child. In the circumstances of this case, given the evidence before us, we are not satisfied that the best interest of the child has been compromised by the practices of the custodial parent.
Consequently, we are all of the view to allow this appeal in part, to quash the judgment of the Court of Appeal to modify the custody order rendered by the trial judge on June 9, 1995, to the extent of removing the restrictions imposed upon the appellant as regards the activities which she is entitled to do with or in the presence of her child. As for the balance of the order, the access rights of the respondent are maintained as ordered by the trial judge.
Each party to pay its costs throughout.