N.S. v. A.M., 2015 NSSC 50

Judge:Forgeron, J.
Court:Supreme Court of Nova Scotia
Case Date:February 10, 2015
Jurisdiction:Nova Scotia
Citations:2015 NSSC 50;(2015), 356 N.S.R.(2d) 160 (SC)
 
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N.S. v. A.M. (2015), 356 N.S.R.(2d) 160 (SC);

    1126 A.P.R. 160

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Temp. Cite: [2015] N.S.R.(2d) TBEd. FE.030

The Minister of Community Services (applicant) v. AM and JW (respondents)

The Minister of Community Service (applicant) v. AM and JW (respondents)

(74698; 84382; 2015 NSSC 50)

Indexed As: Nova Scotia (Minister of Community Services) v. A.M. et al.

Nova Scotia Supreme Court

Family Division

Forgeron, J.

February 17, 2015.

Summary:

The respondents' three children were placed in the permanent care and custody of the Minister of Community Services with no provision for access. The adoption process had been initiated for each of the children. The respondents applied to terminate the permanent care orders.

The Nova Scotia Supreme Court, Family Division, dismissed the applications.

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.

Editor's Note: For related cases, see [2012] N.S.R.(2d) Uned. 236 (S.C.), affd. [2013] N.S.R.(2d) Uned. 42 (C.A.), (2013), 340 N.S.R.(2d) 82; 1077 A.P.R. 82 (S.C.), affd. (2014), 345 N.S.R.(2d) 397; 1092 A.P.R. 397 (C.A.) and (2014), 347 N.S.R.(2d) 303; 1098 A.P.R. 303 (S.C.), affd. (2014), 352 N.S.R.(2d) 213; 1112 A.P.R. 213 (C.A.).

Guardian and Ward - Topic 605

Tenure and termination of guardianship - Termination - Jurisdiction to hear application - [See Guardian and Ward - Topic 842 ].

Guardian and Ward - Topic 842

Public trustee or guardian - Termination of guardianship - When available - Section 48(4) of the Children and Family Services Act provided that "[w]here the child has been placed and is residing in the home of a person who has given notice of proposed adoption by filing the notice with the Minister, no application to terminate an order for permanent care and custody or to vary or terminate access under such an order may be made during the continuance of the adoption placement" - The respondents' three children were placed in the permanent care and custody of the Minister of Community Services with no provision for access - The adoption process had been initiated for each of the children - The respondents applied to terminate the permanent care orders - The Nova Scotia Supreme Court, Family Division, dismissed the applications - Section 48(4) applied - The court was precluded from hearing the applications because the adoption process had begun.

Cases Noticed:

Children's Aid Society of Cape Breton v. L.M. and B.M. (1999), 177 N.S.R.(2d) 25; 542 A.P.R. 25; 1999 NSCA 101, refd to. [para. 22].

R.K. v. H.S.P. et al. (2009), 274 N.S.R.(2d) 113; 874 A.P.R. 113; 2009 NSCA 2, refd to. [para. 23].

B.H. v. Nova Scotia (Minister of Community Services) et al. (2009), 279 N.S.R.(2d) 278; 887 A.P.R. 278; 2009 NSCA 67, refd to. [para. 24].

M.T. and E.T. v. Family and Children's Services of Lunenburg County et al. (1975), 11 N.S.R.(2d) 348; 5 A.P.R. 348 (C.A.), refd to. [para. 25].

Mugford v. Children's Aid Society of Ottawa, [1969] S.C.R. 641, refd to. [para. 26].

Telfer v. Family and Children's Services of Annapolis County (1982), 50 N.S.R.(2d) 136; 98 A.P.R. 136 (C.A.), refd to. [para. 26].

Nova Scotia (Minister of Community Services) v. T.H. et al. (2010), 293 N.S.R.(2d) 200; 928 A.P.R. 200; 2010 NSCA 63, leave to appeal refused [2011] 1 S.C.R. xi; 421 N.R. 399, refd to. [para. 27].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, sect. 48(4) [para. 21].

Counsel:

Adam Neal, for the Minister of Community Services;

AM, on her own behalf;

JW, on his own behalf.

This application was heard at Sydney, N.S., on February 10, 2015, by Forgeron, J., of the Nova Scotia Supreme Court, Family Division, who delivered the following judgment on February 17, 2015.

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