J.R., Re, (1986) 74 A.R. 371 (ProvCt)
|Court:||Provincial Court (Alberta)|
|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
Indexed As: J.R., Re
Alberta Provincial Court
June 24, 1986.
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.
Child Welfare Act, S.A. 1984, c. C-8.1, sect. 14, sect. 15, sect. 16, sect. 30, sect. 32.
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:
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