M., Re, (1980) 3 Sask.R. 311 (CA)

• Judge: Hall, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 25, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 3 Sask.R. 311 (CA)

M., Re (1980), 3 Sask.R. 311 (CA)

MLB headnote and full text

Re M.

Indexed As: M., Re

Saskatchewan Court of Appeal

Hall, J.A.

February 21, 1980.

Summary:

This case arose out of the taking into custody of four children by an officer of the Department of Social Services. The children were taken into custody on January 25, 1980. On February 5, 1980, a judge fixed a date for a hearing to determine whether the children were in need of protection. On February 5, 1980, the parents applied for an immediate judicial determination of the legality of the detention of the children pursuant to s. 7 of the Saskatchewan Human Rights Code. The judge refused the application. After the hearing the judge ordered that the children be returned to their parents under the supervision of the Department of Social Services for a period of one year. The judgment of the trial court is set out below - see paragraphs 14 to 25. The parents appealed to the Saskatchewan Court of Appeal on the ground that the trial judge should be required to hold a hearing under s. 7 of the Saskatchewan Human Rights Code and that the Rules of Court respecting examination for discovery applied to proceedings under Part 1 of the Family Services Act.

The Saskatchewan Court of Appeal dismissed the appeal. The Court of Appeal held that the Rules of Court respecting examination for discovery do not apply to proceedings under Part 1 of the Family Services Act. The Court of Appeal also held that the taking of custody of a child believed to be in need of protection pursuant to the Family Services Act does not constitute an arrest or detention for purposes of s. 7 of the Saskatchewan Human Rights Code.

Guardian and Ward - Topic 813

Public guardian, appointment of - What constitutes a child in need of protection - The Saskatchewan Court of Appeal referred to circumstances which constitute reasonable grounds for believing that a child is in need of protection for purposes of the Family Services Act - See paragraphs 18 to 21.

Civil Rights - Topic 3603

Detention and imprisonment - What constitutes arbitrary detention - The Saskatchewan Court of Appeal held that the taking of custody of a child believed to be in need of protection pursuant to the Family Services Act does not constitute an arrest or detention for purposes of s. 7 of the Saskatchewan Human Rights Code - See paragraph 7.

Practice - Topic 4160

Discovery - When available - The Saskatchewan Court of Appeal held that the Rules of Court respecting examinations for discovery do not apply to proceedings under Part 1 of the Family Services Act - See paragraph 11.

Words and Phrases

Arbitrary - The Saskatchewan Court of Appeal discussed the meaning of the word "arbitrary" as found in s. 7 of the Saskatchewan Human Rights Code - See paragraphs 6 to 8.

Statutes Noticed:

Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, sect. 7 [para. 6].

Family Services Act, R.S.S. 1978, c. F-7, sect. 15, sect. 20, sect. 21 [para. 5].

Authors and Works Noticed:

Funk & Wagnalls New College Standard Dictionary [para. 8].

Counsel:

W.J. Wardell, for the appellants;

H.R. Kloppenburg, for the respondent.