Nova Scotia (Minister of Community Services) v. B.F. and B.W.,

• Jurisdiction: Nova Scotia
• Judge: Comeau
• Neutral Citation: 2003 NSFC 8
• Citation: 2003 NSFC 8,(2003), 216 N.S.R.(2d) 26 (FC),216 NSR(2d) 26,(2003), 216 NSR(2d) 26 (FC),216 N.S.R.(2d) 26
• Date: 05 May 2003
• Court: Specific Claims Tribunal

N.S. v. B.F. (2003), 216 N.S.R.(2d) 26 (FC);

 680 A.P.R. 26

MLB headnote and full text

Temp. Cite: [2003] N.S.R.(2d) TBEd. AU.034

Minister of Community Services (applicant) v. B.F. and B.W. (respondents) and Mi'Kmaq Family and Children's Services of Nova Scotia

(01D0052; 2003 NSFC 8)

Indexed As: Nova Scotia (Minister of Community Services) v. B.F. and B.W.

Nova Scotia Family Court

Comeau, C.J.F.C.

May 5, 2003.

Summary:

Pursuant to a review of a disposition order (supervision), the Minister sought permanent care and custody of four children aged between three and seven under s. 42(1)(f) of the Children's Services Act. The parents sought a return of the children under agency supervision (s. 42(1)(b)).

The Nova Scotia Family Court dismissed the Minister's application and ordered that the children be returned to the parents under agency supervision, with services funded by the province.

Guardian and Ward - Topic 814

Public trustee or guardian - Appointment - Child or adult in need of protection - Friendly or departmental supervision - The Minister sought permanent care and custody of four children, aged 3-7, who were being inadequately cared for by parents disabled with limited cognitive abilities that hindered their attainment of required parenting skills - The application was made after extensive agency involvement in providing services over the course of several years - The parents sought a return of the children under a supervision order, with in-home support funded by the agency - At issue was, inter alia, the agency's obligation to provide funded services that did not reasonably appear capable of resolving the parenting incapacities within the time limits for supervision orders under s. 43 of the Children and Family Services Act (no more than 12 months) and the court's jurisdiction to extend those time limits - The Nova Scotia Family Court dismissed the Minister's application and ordered that the children be returned to the parents under a supervision order (initially six months), with the agency to provide funded services - Progress had been made and the court rejected the agency's submission that further efforts were doomed to fail - Parents with cognitive deficiencies posed a challenge to the philosophy and intent of the Act - The court held that long-term assistance was required and the best interests of the children overrode any time limits under the Act - The court stated that if children "can be brought up in a loving, caring and risk reduced (physical and emotional) home it should not be a concern that their parents have disabilities" - See paragraphs 45 to 116.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child or adult in need of protection - Considerations (incl. best interests of child) - [See Guardian and Ward - Topic 814 ].

Guardian and Ward - Topic 815.4

Public trustee or guardian - Appointment - Child or adult in need of protection - Duties of agency - Funding - [See Guardian and Ward - Topic 814 ].

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - [See Guardian and Ward - Topic 814 ].

Guardian and Ward - Topic 902

Public trustee or guardian - The hearing - Time limits (incl. applications) - The Nova Scotia Family Court referred to the court's jurisdiction, in the best interests of children, to extend the time limits found in the Children and Family Services Act, including the extension of time limits for supervision orders under s. 43(4) of the Act - See paragraphs 74 to 77.

Cases Noticed:

Children's Aid Society and Family Services of Colchester County v. H.W. et al. (1996), 155 N.S.R.(2d) 334; 457 A.P.R. 334 (C.A.), refd to. [para. 74].

Family and Children's Services of Annapolis County v. A.M. and A.I. (1996), 154 N.S.R.(2d) 86; 452 A.P.R. 86 (Fam. Ct.), refd to. [para. 77].

Nova Scotia (Minister of Community Services) v. L.B., [1997] N.S.J. No. 574 (Fam. Ct.), refd to. [para. 79].

Family and Children's Services of Kings County v. M.S. and J.S. (2003), 211 N.S.R.(2d) 171; 662 A.P.R. 171 (Fam. Ct.), refd to. [para. 81].

Nova Scotia (Minister of Community Services) v. L.L.P. et al. (2003), 211 N.S.R.(2d) 47; 662 A.P.R. 47 (C.A.), refd to. [para. 82].

Nova Scotia (Minister of Community Services) v. C(B).T. and F.Y. (2002), 207 N.S.R.(2d) 109; 649 A.P.R. 109 (C.A.), refd to. [para. 87].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, preamble [para. 101]; sect. 3(2) [para. 102]; sect. 22(2)(f), sect. 22(2)(g), sect. 22(2)(j), sect. 22(2)(ja) [para. 66]; sect. 42(1) [para. 70]; sect. 42(2) [para. 71]; sect. 43(1) [para. 72]; sect. 43(4) [para. 73]; sect. 46(1) [para. 67]; sect. 46(4), sect. 46(5) [para. 68].

Authors and Works Noticed:

Booth, Tim, and Booth, Wendy, Growing Up With Parents Who Have Learning Difficulties (1998), generally [para. 103].

Counsel:

W. Bruce Gillis, Q.C., for the applicant;

Andrew Ionson, for the respondents.

This application was heard on February 10, 12 and 24, 2003, at Digby, N.S., before Comeau, C.J.F.C, who delivered the following judgment on May 5, 2003.