Here's who we report to in Saskatchewan which clearly states 'anyone' who suspects child abuse/neglect (not anyone who is certified/qualified) must report it. I'd like to know if this judge thinks daycare workers in Saskatchewan are 'not allowed' to report since he'd be taking on the provincial government here. I think he made his judgement based on his personal opinion and not laws/facts. I'd see what the methods of reporting abuse/neglect is in each province (I'm sure they all state we must report), that would be good info to support your appeal!
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