Smoking
ONTARIO -
SUPERIOR COURT OF JUSTICE
Family, Youth
and Child Services of Muskoka v. N.C.,
2004 CanLII
18155 (ON S.C.)
Date:2004-04-27
Docket:153-03
http://www.canlii.org/en/on/onsc/doc/2004/2004canlii18155/2004canlii18155.html
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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