The Elephant in the Room

http://www.phrases.org.uk/meanings/elephant-in-the-room.html

Reece v. Edmonton (City), 2011 ABCA 238

Substitute child for animal in the Alberta legislation involved (the Animal Protection Act, R.S.A. 2000, c. A-41) , call it the Child Protection Act, and assume everything else is effectively the same.

Would the majority have made the same decision and on the same grounds? If not, their analysis is wrong.

If they didn’t see that, they should have.

If they would have made the same decision, imagine the public screaming.

Given that, do you think the decision would still have been the same or would the majority have found some basis to make an order that would require the City to do something?

The point is not in the dissent, either.

Is it plausible that, somehow, the analogy was missed?

DC