M.B.D. et al. v. Saskatchewan (Minister of Social Services), 2002 SKQB 308

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 23, 2002
• Jurisdiction: Saskatchewan
• Citations: 2002 SKQB 308;(2002), 221 Sask.R. 180 (FD)

M.B.D. v. Sask. (2002), 221 Sask.R. 180 (FD)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. JL.057

M.B.D. and S.A.D. (petitioners) v. The Minister of Social Services for Saskatchewan (respondent)

(2001 Q.B. No. 336; 2002 SKQB 308)

Indexed As: M.B.D. et al. v. Saskatchewan (Minister of Social Services)

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

McIntyre, J.

July 23, 2002.

Summary:

The petitioners became foster parents to a 12 day old girl (A.R.) in December 1998. On October 26, 1999, a permanent order was made under the Child and Family Services Act placing A.R. in the care of the Minister of Social Services. A.R. was taken from the petitioners' care in February 2001 after suspicions of abuse arose respecting another of their foster children. An investigation was carried out. No charges were laid. The petitioners applied for custody of and or access to A.R under the Children's Law Act. The Minister of Social Services moved for an order striking out the petition on the ground that the petitioners lacked status because A.R. was a permanent ward of the Minister and because, as foster parents, they had contractually negated any claim to the child.

The Saskatchewan Court of Queen's Bench, Family Law Division, in a decision reported at 214 Sask.R. 293, dismissed the motion. The court had jurisdiction to intervene where, as here, the best interests of a child were at issue.

The Saskatchewan Court of Queen's Bench, Family Law Division, granted the petitioners custody of A.R. and set aside the order of October 26, 1999, placing her in the permanent care of the Minister.

Family Law - Topic 2115

Custody and access - Jurisdiction - General principles - The petitioners became foster parents to a 12 day old girl in December 1998 - She was taken from their care in February 2001 - The petitioners applied for custody of and or access to the child under the Children's Law Act - The Minister of Social Services claimed that the petitioners lacked status because the child had been made a permanent ward of the Minister under the Child and Family Services Act - The Saskatchewan Court of Queen's Bench, Family Law Division, held that it had jurisdiction to intervene where the best interests of a child dictated - The Child and Family Services Act was not an exhaustive code - Rather, the Children's Law Act and the Child and Family Services Act could be read together - Alternatively, the court could exercise its parens patriae jurisdiction - See paragraphs 10 to 33.

Family Law - Topic 2125

Custody and access - Jurisdiction - Where child committed to Crown - [See Family Law - Topic 2115 ].

Guardian and Ward - Topic 805

Public trustee or guardian - General - Jurisdiction - General - [See Family Law - Topic 2115 ].

Guardian and Ward - Topic 807

Public trustee or guardian - General - Jurisdiction - Parens patriae - [See Family Law - Topic 2115 ].

Guardian and Ward - Topic 825.5

Public trustee or guardian - Appointment - Permanent appointment - Setting aside - The petitioners became foster parents to a 12 day old girl (A.R.) in December 1998 - On October 26, 1999, a permanent order was made under the Child and Family Services Act placing A.R. in the care of the Minister of Social Services - A.R. was taken from the petitioners' care in February 2001 after suspicions of abuse arose respecting another of their foster children - An investigation was carried out - No charges were laid - The petitioners applied for custody of and or access to A.R under the Children's Law Act - The Saskatchewan Court of Queen's Bench, Family Law Division, granted the petitioners custody of A.R. and set aside the order placing her in the Minister's permanent care.

Cases Noticed:

M.B.D. et al. v. Saskatchewan (Minister of Social Services) (2001), 214 Sask.R. 293 (Q.B. Fam. Div.), folld. [para. 10].

L.J.K. v. L.K. et al. (1995), 135 Sask.R. 315 (Q.B. Fam. Div.), refd to. [para. 13].

C.H. and R.H. v. D.G. and Saskatchewan (Minister of Social Services) (1996), 147 Sask.R. 230 (Q.B. Fam. Div.), folld. [para. 14].

C.G. and M.G. v. Catholic Children's Aid Society of Hamilton-Wentworth (1998), 110 O.A.C. 338; 161 D.L.R.(4th) 466 (C.A.), refd to. [para. 15].

R.M. and N.M. v. S.M. et al. (1994), 75 O.A.C. 1; 20 O.R.(3d) 621 (C.A.), refd to. [para. 16].

Perteet v. British Columbia (Superintendent of Family and Child Services) (1988), 48 D.L.R.(4th) 469 (B.C.C.A.), refd to. [para. 21].

Children's Aid Society of Winnipeg v. Maendel et al., [1977] 4 W.W.R. 606 (Man. C.A.), refd to. [para. 30].

M.A.F. et al. v. Child and Family Services of Winnipeg Southeast et al., [2000] 10 W.W.R. 479; 147 Man.R.(2d) 192 (Q.B.), refd to. [para. 30].

R. v. Wolverine and Bernard (1987), 59 Sask.R. 22 (Q.B.), refd to. [para. 33].

K.V.P. v. T.E., [2001] 2 S.C.R. 1014; 275 N.R. 52; 156 B.C.A.C. 161; 255 W.A.C. 161, refd to. [para. 77].

C.B., Re (2002), 220 Sask.R. 118 (Q.B. Fam. Div.), refd to. [para. 80].

Counsel:

Terry D. Jordan, for the petitioners;

Charita Ohashi, for the respondent.

This petition was heard by McIntyre, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following decision on July 23, 2002.