New Brunswick (Minister of Social Development) v. A.H. et al., 2015 NBQB 90

Judge:d'Entremont, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:March 24, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 90;(2015), 435 N.B.R.(2d) 238 (FD)
 
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N.B. v. A.H. (2015), 435 N.B.R.(2d) 238 (FD);

    435 R.N.-B.(2e) 238; 1134 A.P.R. 238

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.B.R.(2d) TBEd. MY.011

Renvoi temp.: [2015] N.B.R.(2d) TBEd. MY.011

The Minister of Social Development (applicant) v. A.H., F.M., and D.W. (respondents)

T.A.P. (applicant) v. D.W., F.M., The Minister of Social Development and A.H. (respondents)

(FDM-408-14; FDM-796-14; 2015 NBQB 90; 2015 NBBR 90)

Indexed As: New Brunswick (Minister of Social Development) v. A.H. et al.

Répertorié: New Brunswick (Minister of Social Development) v. A.H. et al.

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Moncton

d'Entremont, J.

April 9, 2015.

Summary:

Résumé:

H. and M. were the biological parents of two girls. The girls were living in a foster home. H. and W. were the biological parents of a boy. The boy resided with his paternal grandparents who had been approved as provisional foster parents. The Minister of Social Development applied for the guardianship of all three children. The maternal grandmother moved for (1) disclosure of the Minister's file and (2) access to the three children from Saturday at noon to Sunday at 5:00 p.m.

The New Brunswick Court of Queen's Bench, Family Division, dismissed the motion.

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 825.3

Public trustee or guardian - Appointment - Access - H. and M. were the biological parents of two girls - The girls were living in a foster home - H. and W. were the biological parents of a boy - The boy resided with his paternal grandparents who had been approved as provisional foster parents - The Minister of Social Development applied for the guardianship of all three children - The maternal grandmother moved for, inter alia, access to the three children from Saturday at noon to Sunday at 5:00 p.m. - The New Brunswick Court of Queen's Bench, Family Division, dismissed the motion - The Minister had substantial authority when it came to determining access to children in care - Firstly, the grandmother was not a "parent" under the Family Services Act - Secondly, it was not reasonable that further visits be added to the weekly schedules of these little children - See paragraphs 48 to 53.

Guardian and Ward - Topic 965

Public trustee or guardian - Practice - Disclosure by authorities - H. and M. were the biological parents of two girls - The girls were living in a foster home - H. and W. were the biological parents of a boy - The boy resided with his paternal grandparents who had been approved as provisional foster parents - The Minister of Social Development applied for the guardianship of all three children - The maternal grandmother moved for, inter alia, disclosure of the Minister's file - The New Brunswick Court of Queen's Bench, Family Division, dismissed the motion - Although the grandmother was involved in the children's lives, she was not a parent - The children were not taken from her custody - Her life was not interwoven with that of the children - In January of 2014, after the Safety Plan was implemented, the one year old child lived briefly with the grandmother - Three days later, the grandmother called the Minister saying she could no longer take care of the child - The grandmother's s. 7 Charter rights had not been violated and that she was not entitled to the "disclosure package" - See paragraphs 39 to 47.

Tutelle - Cote 825.3

Tuteur ou curateur public - Nomination - Accès - [Voir Guardian and Ward - Topic 825.3 ].

Tutelle - Cote 965

Tuteur ou curateur public - Procédure - Divulgation par les autorités - [Voir Guardian and Ward - Topic 965 ].

Cases Noticed:

New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25, refd to. [para. 42].

New Brunswick (Minister of Justice and Consumer Affairs) v. C.M. (2012), 397 N.B.R.(2d) 321; 1028 A.P.R. 321 (C.A.), refd to. [para. 45].

Authors and Works Noticed:

Canadian Child Welfare Law, Children, Families and the State (2nd Ed. 2004), pp. 53, 54 [para. 40].

Counsel:

Avocats:

Karen LeBlanc, for the Minister of Social Development;

Patricia Gallagher-Jette, for A.H.;

Yves Robichaud, for the children;

T.A.P., per se;

D.W., per se;

F.M., per se.

This motion was heard on March 24, 2015, by d'Entremont, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Moncton, who delivered the following decision on April 9, 2015.

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