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Exceptional, Not Routine: Police Enforcement Orders Under Section 36(2) of the CLRA

March 7, 2026 | Julia Marr, 3L at the Lincoln Alexander School of Law

By letter dated December 16, 2025, the Ontario Association of Chiefs of Police (“OACP”) addressed the legal community to provide guidance on the proper use of child apprehension orders under section 36(2) of the Children’s Law Reform Act (“CLRA”).[1] The OACP sought to clarify the proper use of police enforcement clauses in parenting agreements and/or minutes of settlement. The letter appears amidst a broader debate concerning how trauma, tension, and distress experienced by families involved in child protection interventions can be reduced. Causing harm in the course of an apprehension undermines the legislative guiding principles applicable to child protection agencies and Children’s Aid Societies (“CAS”), which emphasize preserving, sustaining, and restoring families in the least disruptive manner possible.[2]

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