Children's Aid Society of Cape Breton-Victoria v. L.M. et al., 2007 NSSC 119

JudgeForgeron, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateFebruary 02, 2007
JurisdictionNova Scotia
Citations2007 NSSC 119;(2007), 254 N.S.R.(2d) 10 (SC)

CAS v. L.M. (2007), 254 N.S.R.(2d) 10 (SC);

    810 A.P.R. 10

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. AP.030

The Children's Aid Society of Cape Breton-Victoria (plaintiff) v. L.M. and T.B. (defendants)

(44071; 2007 NSSC 119)

Indexed As: Children's Aid Society of Cape Breton-Victoria v. L.M. et al.

Nova Scotia Supreme Court

Family Division

Forgeron, J.

March 7, 2007.

Summary:

The mother of two defiant adolescent children had custody since she and their father, now in Alberta, had ended a common law relationship in 1995. Child protection proceedings, resolved with consent, resulted in the children being sent to Alberta to live under the supervised care of their father. The Children's Aid Society of Cape Breton-Victoria (agency) possessed negative information concerning the father and his new common law partner from Alberta authorities, yet inexplicably failed to disclose that information to the court or to the mother. The information was highly relevant to the best interests of the children. A disposition review was held.

The Nova Scotia Supreme Court, Family Division, held that the agency actively misled the court and the mother. The deliberate failure to disclose relevant information was inexplicable and inexcusable, with the only plausible reason being to ensure that the mother consent to, and the court approve, removal of the children to Alberta. The court ordered that the children be returned to the temporary care and control of the agency, with access to the mother, and that appropriate services be provided. The only appropriate remedy against the agency was costs, which the court declined to award where the mother, represented by Legal Aid, did not wish costs.

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 965

Public trustee or guardian - Practice - Disclosure by authorities (incl. materials held by third parties) - The mother of two defiant adolescent children had custody since she and their father, now in Alberta, had ended a common law relationship in 1995 - Child protection proceedings, resolved with consent, resulted in the children being sent to Alberta to live under the supervised care of their father - The Children's Aid Society of Cape Breton-Victoria (agency) possessed negative information concerning the father and his new common law partner from Alberta authorities, yet inexplicably failed to disclose that information to the court or to the mother - The negative information was highly relevant to the best interests of the children - A disposition review was held - The Nova Scotia Supreme Court, Family Division, held that the agency actively misled the court and the mother - The deliberate failure to disclose relevant information was inexplicable and inexcusable, with the only plausible reason being to ensure that the mother consent to, and the court approve, removal of the children to Alberta - The court ordered that the children be returned to the temporary care and control of the agency, with access to the mother, and that appropriate services be provided - The only appropriate remedy against the agency was costs, which the court declined to award where the mother, represented by Legal Aid, did not wish costs.

Guardian and Ward - Topic 969

Public trustee or guardian - Practice - Costs - [See Guardian and Ward - Topic 965 ].

Cases Noticed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161, refd to. [para. 82].

Children's Aid Society of Kingston City and Frontenac County v. J.M.S., [2004] O.T.C. 220; 2004 CarswellOnt 883 (Sup. Ct.), refd to. [para. 83].

Director of Child Welfare (P.E.I.) v. M.O. (2006), 254 Nfld. & P.E.I.R. 147; 764 A.P.R. 147 (P.E.I.C.A.), refd to. [para. 84].

Director of Family and Children's Services (Yukon) v. E.I. (2005), 213 B.C.A.C. 78; 352 W.A.C. 78 (Yuk. C.A.), refd to. [para. 84].

Children's Aid Society of Halifax v. C.V. and L.F. (2005), 233 N.S.R.(2d) 360; 739 A.P.R. 360; 2005 NSCA 87, refd to. [para. 96].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, sect. 38(1) [para. 80].

Authors and Works Noticed:

Bala, Nicholas, Hornick, Joseph P., and Vogl, Robin, Canadian Child Welfare Law: Children, Families and the State (2nd Ed. 2004), pp. 53, 54 [para. 82].

Counsel:

Robert Crosby, Q.C., for the applicant;

Ann Marie MacInnes, for L.M.;

Lisa Fraser-Hill, for the children, K.B. and C.B.

This matter was heard on November 10, December 7, 8, 12 and 14, 2006, and January 23 and February 2, 2007, at Sydney, N.S., before Forgeron, J., of the Nova Scotia Supreme Court, Family Division, whose following oral decision of March 7, 2007, was filed in writing on April 20, 2007.

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