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Canadian Children's Rights Council - Conseil canadien des droits des enfants

Canadian Children's Rights Council - Conseil canadien des droits des enfants

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Child Protective Services - Smoking in Presence of Children



Family, Youth and Child Services of Muskoka v. N.C., 2004 CanLII 18155 (ON S.C.)



Decisions cited

Catholic Children's Aid Society of Metropolitan Toronto c. M. (C.), 1994 CanLII 83 (C.S.C.) — [1994] 2 R.C.S. 165 • (1994), 18 O.R. (3d) 160 • (1994), 113 D.L.R. (4th) 321 • (1994), 2 R.F.L. (4e) 313 • (1994), 2 R.F.L. (4th) 313

COURT FILE NO.:  153-03

DATE:  2004-04-27

N.C. smokes tobacco products. 

The father of the children, S.S., smokes tobacco products.  N.C.'s mother, D.C., also smokes tobacco products.  The public health nurse stresses that the children were born premature and that tobacco smoke is an aggravating factor for Sudden Infant Death Syndrome, otherwise known as SIDS. 

When father resided with the family, he and N.C. did not agree that tobacco smoke was hazardous to health of the children.  They continued to smoke tobacco products.  This was evidenced by full ashtrays being observed in the residence when workers attended.  In addition, N.C. openly said to the public health nurse that she did not believe that second hand smoke was hazardous to the health of her children. 

In addition, she stated that she would open the window to allow the smoke two leave the apartment.  One child, K., did die and the cause of death was attributed to Sudden Infant Death Syndrome.  After K. died on […] 2000, B. was born again premature.  The public health nurse monitored B. from birth urging mother not  to smoke and to maintain a clean and healthy apartment for the sake of the health of the new baby as well as the oldest child, T.  The pattern of maintaining the filthy, smelly, unhealthy apartment continued.

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