C. and A., Re, (1985) 64 A.R. 182 (ProvCt)

Judge:Fitch, J.
Court:Provincial Court (Alberta)
Case Date:July 20, 1985
Jurisdiction:Alberta
Citations:(1985), 64 A.R. 182 (ProvCt)
 
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C. and A., Re (1985), 64 A.R. 182 (ProvCt)

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Re C. and A.

(C.W. 7992 and C.W. 8122)

Indexed As: C. and A., Re

Alberta Provincial Court

Fitch, J.

July 29, 1985.

Summary:

The Director of Child Welfare applied for a declaration that two children were neglected within the meaning of the Child Welfare Act, 1980, and sought a six month temporary wardship order. The Alberta Provincial Court found that the children were in need of protection but exercised its discretion to order that the children be returned to their mother and step-father for one month subject to supervision.

During an adjournment of the inquiry the Child Welfare Act, 1984, was enacted. Although the 1984 Act, repealed the 1980 Act, the 1984 Act provided that proceedings commenced under the 1980 Act would continue as if the 1984 Act had not come into force. Fitch, J., however, discussed several sections of the 1984 Act in comparison to the 1980 Act.

Guardian and Ward - Topic 813

Public trustee or guardian - Appointment - Child in need of protection - Child Welfare Act 1980 v. Child Welfare Act 1984 - A judge of the Alberta Provincial Court referred to several differences between the Child Welfare Act 1980 and the Child Welfare Act 1984 respecting neglected children and children in need of protection.

Guardian and Ward - Topic 813

Public trustee of guardian - Appointment - Child in need of protection - Child Welfare Act 1980 v. Child Welfare Act 1984 - The Child Welfare Act 1980 was replaced by the Child Welfare Act 1984; however, proceedings commenced under the 1980 Act were to continue as if the 1984 Act was not enacted - A judge of the Alberta Provincial Court stated "I have no doubt that in the long run the rights and obligations concerning any children should flow from the 1984 Act whenever possible" as opposed to the 1980 Child Welfare Act - See paragraph 28 - The judge continued "That any supervision or temporary wardship order granted under 1980 Act should be for a very brief period only" - See paragraph 31.

Guardian and Ward - Topic 814

Public trustee or guardian - Appointment - Child in need of protection - Friendly or departmental supervision - Under the Child Welfare Act, 1980, where a child was found to be neglected and in need of protection, the court had to decide whether the child should be returned to his home under supervision or whether a temporary or permanent wardship order should be made - The Alberta Provincial Court referred to several factors to be considered when a court is deciding which order to make under the Child Welfare Act, 1980, particularly in light of the newly enacted 1984 Child Welfare Act - See paragraphs 17 to 31.

Guardian and Ward - Topic 817

Public trustee or guardian - Appointment - Child in need of protection - Temporary appointment - Under the Child Welfare Act 1980, where a child was found to be neglected and in need of protection, the court had to decide whether the child should be returned to his home under supervision or whether a temporary or permanent wardship order should be made - The Alberta Provincial Court referred to several factors to be considered by the court in deciding which order to make under the 1980 Child Welfare Act, particularly in light of the newly enacted Child Welfare Act 1984 - See paragraphs 17 to 31.

Guardian and Ward - Topic 819

Public trustee or guardian - Appointment - Child or adult in need of protection -  Evidence - Hearsay evidence - Admissibility of - The Alberta Provincial Court referred to authority for the proposition that hearsay evidence is admissible at child welfare inquiries - The Court cautioned that this did not mean that hearsay should be relied on when direct evidence is available - See paragraphs 33 to 37.

Cases Noticed:

Re D.R.H. et al. v. Superintendent (1984), 41 R.F.L. 337, folld. [para. 35].

Re K, [1965] A.C. 201, folld. [para. 35].

Statutes Noticed:

Child Welfare Act, R.S.A. 1980, c. C-8, sect. 6(e) [para. 13, Appendix]; sect. 10(3) [para. 38, Appendix]; sect. 10(4) [paras. 6, 9, Appendix]; sect. 14(1) [para. 13, Appendix]; sect. 15 [paras. 13, 29, Appendix]; sect. 16 [para. 13, Appendix]; sect. 17 [para. 29, Appendix]; sect. 18 [para. 13, Appendix]; sect. 24 [para. 30, Appendix]; sect. 28 [para. 41, Appendix].

Child Welfare Act, S.A. 1984, s. C-8.1, sect. 2(d) [para. 43, Appendix]; sect. 8 [para. 45, Appendix]; sect. 15, sect. 24(2) [para. 10, Appendix]; sect. 25 [para. 29, Appendix]; sect. 26 [para. 26, Appendix]; sect. 49(3) [para. 30, Appendix]; sect. 74(2) [para. 32, Appendix]; sect. 74(4)(b) [para. 37, Appendix]; sect. 78 [para. 9, Appendix]; sect. 97(3), sect. 97(4) [para. 29, Appendix]; sect. 97(8) [paras. 7, 29, Appendix]; sect. 113 [paras. 7, 24, Appendix].

Authors and Works Noticed:

Child Welfare Handbook, pp. 02-03 [paras. 25, 30].

Counsel:

B. Limpert, for the Director of Child Welfare;

M. Meronek, for the mother and stepfather;

W. Aaron, for the children;

No one appearing for the father.

This inquiry was heard before Fitch, J., of the Alberta Provincial Court, who delivered the following decision on July 20, 1985:

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