C.R.G., Re, (2015) 474 Sask.R. 220 (PC)

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 25, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 474 Sask.R. 220 (PC);2015 SKPC 41

C.R.G., Re (2015), 474 Sask.R. 220 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.008

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

And In The Matter of C.R.G., born [xxx] 2014.

(2015 SKPC 41)

Indexed As: C.R.G., Re

Saskatchewan Provincial Court

Gordon, P.C.J.

March 26, 2015.

Summary:

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

The Saskatchewan Provincial Court, in a decision reported at (2014), 445 Sask.R. 244, allowed the application. The Minister sought a permanent 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 816 ].

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - When C.R.G. was apprehended at birth, he was addicted to morphine and experienced seizures - One year later, the Minister of Social Services sought a permanent custody order - The Saskatchewan Provincial Court allowed the application - There was no question that C.R.G. remained in need of protection - The only issue was the appropriate disposition under s. 37 of the Child and Family Services Act - The court had to be very cautious in making a permanent order regarding such a young child - However, the legislation was clear that the child's best interests had to be considered - C.R.G. could not be left in limbo - There was no indication that C.R.G.'s mother was interested or willing to parent him presently or at any time in the foreseeable future - She had not attended the proceedings or any appointments and no one had come on her behalf - While C.R.G. had been developmentally delayed, he was meeting all of the milestones now - He deserved an opportunity to have a good life - As the parents had not shown even "a glimmer of interest", the court had no choice but to grant a permanent order.

Counsel:

Jordan Hogeweide, for the Ministry of Social Services;

S.G. (mother, did not appear), unrepresented;

R.B. (father, did not appear), 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 March 25, 2015.