J.R., Re, (1986) 74 A.R. 371 (ProvCt)

• Judge: Fitch, J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 24, 1986
• Citations: (1986), 74 A.R. 371 (ProvCt)

J.R., Re (1986), 74 A.R. 371 (ProvCt)

MLB headnote and full text

J.R., Re

(CW 8392)

Indexed As: J.R., Re

Alberta Provincial Court

Fitch, J.

June 24, 1986.

Summary:

Toward the end of the term of a temporary guardianship order a regional child welfare director applied for a further temporary guardianship order in a fresh application under s. 15 of the Child Welfare Act, instead of a review application under s. 30.

The Alberta Provincial Court dismissed the application and ruled that the director was bound to proceed by way of a review application in order to obtain a continuance of the order.

Guardian and Ward - Topic 820.1

Public trustee or guardian - Appointment - Temporary appointment or supervision order - Review of - Procedure - Child Welfare Act, S.A. 1984, c. C-8.1, s. 30 - The Alberta Provincial Court held that after a temporary guardianship order has been made a review of the director's discharge of duties under the order cannot be avoided by applying for a further order in a fresh application - Rather, a review is mandatory under s. 30 in determining whether supervision or guardianship should continue.

Statutes Noticed:

Child Welfare Act, S.A. 1984, c. C-8.1, sect. 14, sect. 15, sect. 16, sect. 30, sect. 32.

Counsel:

M. McConaghy, for the Director;

No one for the child;

No one for the guardians.

This case was heard at Calgary, Alberta, before Fitch, J., of the Alberta Provincial Court, who delivered the following judgment on June 24, 1986: