Director of Child, Youth and Family Services (Nfld. and Lab.) v. L.F. et al.,

• Jurisdiction: Newfoundland and Labrador
• Judge: Green
• Neutral Citation: 2013 NLCA 27
• Citation: 2013 NLCA 27,(2013), 336 Nfld. & P.E.I.R. 214 (NLCA),336 Nfld & PEIR 214,(2013), 336 Nfld & PEIR 214 (NLCA),336 Nfld. & P.E.I.R. 214
• Date: 20 March 2013
• Court: Court of Appeal (Newfoundland)

CFS v. L.F. (2013), 336 Nfld. & P.E.I.R. 214 (NLCA);

    1043 A.P.R. 214

MLB headnote and full text

Temp. Cite: [2013] Nfld. & P.E.I.R. TBEd. AP.032

J.F. (applicant) v. Director of Child, Youth and Family Services, Manager of Child Youth and Family Services Eastern Regional Integrated Health Authority (respondent)

(12/92; 2013 NLCA 27)

Indexed As: Director of Child, Youth and Family Services (Nfld. and Lab.) v. L.F. et al.

Newfoundland and Labrador Supreme Court

Court of Appeal

Green, C.J.N.L.

March 20, 2013.

Summary:

L.F. gave birth to a daughter (S.F.). The Manager of Child, Youth and Family Services applied for a protective intervention hearing under s. 30(1) of the Children and Youth Care and Protection Act, seeking an order for temporary custody for a period of six months. The Manager filed an amended application for a protective intervention hearing, seeking continuous custody of S.F. J.F., S.F.'s maternal grandmother, applied for custody and access to S.F. under the Children's Law Act.

The Newfoundland and Labrador Supreme Court, Trial Division (Family), in a decision reported at 329 Nfld. & P.E.I.R. 142; 1022 A.P.R. 142, allowed the Manager's amended application and dismissed J.F.'s application. J.F. appealed and applied for an order appointing counsel for her.

The Newfoundland and Labrador Court of Appeal, per Green, C.J.N.L., dismissed 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.

Courts - Topic 1765

Powers - Appointment of counsel - To represent parent in protection proceedings - L.F. gave birth to a daughter (S.F.) - The Manager of Child, Youth and Family Services applied for a protective intervention hearing under s. 30(1) of the Children and Youth Care and Protection Act (CYCP Act), seeking an order for temporary custody for a period of six months - The Manager filed an amended application for a protective intervention hearing, seeking continuous custody of S.F. - J.F., S.F.'s maternal grandmother, applied for custody and access to S.F. under the Children's Law Act - The Family Division judge allowed the Manager's amended application and dismissed J.F.'s application - J.F. appealed and applied for an order appointing counsel for her in accordance with the principles enunciated in New Brunswick (Minister of Health and Community Services) v. J.G. (SCC 1999) - The Newfoundland and Labrador Court of Appeal, per Green, C.J.N.L., dismissed the application - The case arguably engaged the important issue as to the general scope and proper operation of s. 48 of the CYCP Act - Accordingly, J.F. should not be denied counsel on the basis that there was no discernible merit in the appeal - However, the court was unable to conclude that there was a serious or profound interference with J.F.'s psychological integrity such that the appointment of counsel as a remedy for a breach of s. 7 of the Charter would be indicated - J.F. was intelligent and articulate with a capacity to present her point of view with respect to the seriousness of the issues at stake.

Government Programs - Topic 1450

Legal aid - Entitlement - Child protection cases - [See Courts - Topic 1765 ].

Cases Noticed:

New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25, refd to. [para. 1].

Director of Child, Youth and Family Services (Nfld. and Lab.) v. L.T. et al. (2010), 302 Nfld. & P.E.I.R. 252; 938 A.P.R. 252; 2010 NLCA 70, refd to. [para. 40].

L.D. et al. v. J.B. et al. (2012), 549 AR 58; 2012 ABQB 693, refd to. [para. 40].

R.A.F. v. Saskatchewan (Minister of Justice) et al. (2003), 240 Sask.R. 95; 2003 SKQB 507, refd to. [para. 40].

J.R. et al. v. New Brunswick (Minister of Social Development) et al. (2010), 365 N.B.R.(2d) 377; 939 A.P.R. 377; 2010 NBCA 81, refd to. [para. 43].

New Brunswick (Minister of Social Development) v. T.S. et al. (2009), 351 N.B.R.(2d) 162; 904 A.P.R. 162; 2009 NBCA 67, refd to. [para. 43].

New Brunswick (Minister of Justice and Consumer Affairs) v. C.M. (2012), 397 N.B.R.(2d) 321; 1028 A.P.R. 321; 2012 CarswellNB 721; 2012 NBCA 45, red to. [para. 44].

Counsel:

J.F., applicant, self-represented;

Annette Duffy, for the respondent;

Philip Osborne, for the Attorney General of Newfoundland and Labrador.

This application was heard and decided on March 20, 2013, by Green, C.J.N.L., of the Newfoundland and Labrador Court of Appeal, who filed the following written reasons for judgment on April 24, 2013.