C.R.G., Re, (2014) 445 Sask.R. 244 (PC)

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 20, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 445 Sask.R. 244 (PC);2014 SKPC 110

C.R.G., Re (2014), 445 Sask.R. 244 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MY.071

In The Matter Of a Hearing under the Child and Family Services Act

In The Matter Of C.R.G., Born xxx, 2014

(2014 SKPC 110)

Indexed As: C.R.G., Re

Saskatchewan Provincial Court

Gordon, P.C.J.

May 20, 2014.

Summary:

C.R.G. was apprehended at birth. The Minister of Social Services sought a six month temporary custody order.

The Saskatchewan Provincial Court allowed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child or adult in need of protection - Considerations (incl. best interests of child) - [See Guardian and Ward - Topic 817 ].

Guardian and Ward - Topic 817

Public trustee or guardian - Appointment - Child or adult in need of protection - Temporary appointment - C.R.G. was apprehended at birth - The Minister of Social Services sought a six month temporary custody order - The Saskatchewan Provincial Court allowed the application - There was no question that the child was in need of protection - The only issue was the appropriate disposition under s. 37 of the Child and Family Services Act - In determining that, the court was not to consider whether the child would be better off in the care of persons other than his or her parents - The appropriate question was whether the child was "receiving a level of parenting care that is below the minimum standard that will be tolerated by society" - Here, a six month order was the appropriate disposition because the mother had not resolved her addiction problems and C.R.G. had been born addicted - The mother was not capable of caring for her two other children - The mother was aware of the proceedings and had not attended either personally or through counsel - The mother had not attended her last requested visit with C.R.G. - The six month order allowed the mother to make significant changes in her life and have C.R.G. returned to her care.

Cases Noticed:

Saskatchewan (Minister of Social Services) v. S.E., [1992] 5 W.W.R. 296 (Sask. Q.B.), refd to. [para. 8].

Counsel:

Lyle Phillips, for the Ministry of Social Services;

S.G., mother, unrepresented.

This application was heard at Moose Jaw, Saskatchewan, by Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on May 20, 2014.