K.R., Re, 2012 SKQB 336

• Judge: Barrington-Foote, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 23, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 336;(2012), 403 Sask.R. 220 (FD)

K.R., Re (2012), 403 Sask.R. 220 (FD)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. SE.025

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

In The Matter Of K.R., born xxx, 2004

(2007 F.S.M. No. 55; 2012 SKQB 336)

Indexed As: K.R., Re

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Barrington-Foote, J.

August 23, 2012.

Summary:

On September 28, 2010, Sandomirsky, J., granted a consent order that K.R. was in need of protection pursuant to s. 11(b) of the Child and Family Services Act and that he be permanently committed to the custody of the Minister of Social Services, pursuant to s. 37(2) of the Act. K.R.'s mother applied pursuant to s. 39(1) of the Act to vary or terminate the consent order, and for an order that K.R. be returned to her custody.

The Saskatchewan Court of Queen's Bench, Family Law Division, 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.

Guardian and Ward - Topic 827

Public trustee or guardian - Variation of guardianship - Jurisdiction - On September 28, 2010, Sandomirsky, J., granted a consent order that K.R. was in need of protection pursuant to s. 11(b) of the Child and Family Services Act and that he be permanently committed to the custody of the Minister of Social Services, pursuant to s. 37(2) of the Act - K.R.'s mother applied pursuant to s. 39(1) of the Act to vary or terminate the consent order, and for an order that K.R. be returned to her custody - The Minister argued that the court was precluded from granting an order to vary under s. 39(2) of the Act, which provided that an order to vary or terminate could not be made if the child had been "adopted or placed in a home for the purpose of adoption" - The Minister submitted that an adoptive family had accepted K.R. into its care and supervision and that K.R. was accordingly "deemed" to have been placed for adoption within the meaning of ss. 14(4) and 14(5) of the Adoption Act and thus "placed in a home for the purpose of adoption" within the meaning of s. 39(2) - The Saskatchewan Court of Queen's Bench, Family Law Division, rejected the argument - The acceptance of K.R. by the adoptive family fell short of meeting the requirements of s. 14(5)(b) - The care and supervision of K.R. had not yet been "given to" the adoptive family by the Minister - His care and supervision could not be "accepted by" the adoptive family within the meaning of s. 14(5)(b) until that occurred - K.R. remained under the care and supervision of the Minister, and with his foster family, pending the implementation of the plan for his adoption - Accordingly, the court had jurisdiction to hear the application - See paragraphs 42 to 46.

Guardian and Ward - Topic 829

Public trustee or guardian - Variation of guardianship - Grounds for - On September 28, 2010, Sandomirsky, J., granted a consent order that K.R. was in need of protection pursuant to s. 11(b) of the Child and Family Services Act and that he be permanently committed to the custody of the Minister of Social Services, pursuant to s. 37(2) of the Act - The historic protection concerns relating to K.R.'s mother included "transience, criminal activity, domestic violence with partners, involvement in the sex trade, neglect of children and alcohol and drug abuse" - K.R.'s mother applied pursuant to s. 39(1) of the Act to vary or terminate the consent order, and for an order that K.R. be returned to her custody - She submitted that there was a change in circumstances since the consent order had been made where she had improved her circumstances by maintaining a stable residence, finding employment and playing an important role in K.R.'s life - She also claimed to be drug and alcohol free for over a year - The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application - The mother failed to demonstrate a change in circumstances within the meaning of s. 39(1) - The court recognized that she had made progress, but not enough - Further, it was not in the best interests of K.R. to vary or terminate the consent order - Steps had been taken for K.R.'s adoption - Stability and the chance of a "forever home" were important considerations - See paragraphs 46 to 50.

Cases Noticed:

M.D.A. v. P.M. et al. (2008), 313 Sask.R. 225; 2008 SKQB 75 (Fam. Div.), refd to. [para. 31].

Bromm v. Bromm (2010), 353 Sask.R. 198; 2010 SKQB 85 (Fam. Div.), refd to. [para. 32].

O.A. et al., Re (2008), 306 Sask.R. 242; 2008 SKQB 3, refd to. [para. 33].

A.D. et al., Re, [2010] Sask.R. Uned. 45; 2010 SKQB 151 (Fam. Div.), refd to. [para. 35].

Saskatchewan (Minister of Social Services) v. E.K.S., D.W. and C.S. (1996), 146 Sask.R. 46 (Q.B. Fam. Div.), refd to. [para. 36].

Children's Aid Society of Winnipeg v. Redwood (1980), 19 R.F.L.(2d) 232; 1980 CarswellMan 44 (C.A.), refd to. [para. 39].

Children's Aid Society of Winnipeg v. C.A.R. - see Children's Aid Society of Winnipeg v. Redwood.

C.L.K. et al., Re, [2004] Sask.R. Uned. 119; 2004 SKQB 234 (Fam. Div.), refd to. [para. 40].

Eli et al., Re (2012), 393 Sask.R. 57; 546 W.A.C. 57; 2012 SKCA 38, refd to. [para. 40].

Gordon v. Goertz, [1996] 2 S.C.R. 27; 196 N.R. 321; 141 Sask.R. 241; 114 W.A.C. 241, refd to. [para. 50].

Statutes Noticed:

Child and Family Services Act, S.S. 1989-90, c. C-7.2, sect. 39(1) [para. 28].

Counsel:

Jill Drennan, for the Ministry of Social Services;

Lynda Bordessa, for the mother, C.M.

This application was heard by Barrington-Foote, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on August 23, 2012.