Nova Scotia (Minister of Community Services) v. M.S. et al., (2015) 366 N.S.R.(2d) 206 (SC)

• Judge: Forgeron, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 27, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 366 N.S.R.(2d) 206 (SC);2015 NSSC 307

N.S. v. M.S. (2015), 366 N.S.R.(2d) 206 (SC);

    1154 A.P.R. 206

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. NO.001

Minister of Community Services (applicant) v. MS, SA and SF (respondents)

(SFSND No. 92568; 2015 NSSC 307)

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

Nova Scotia Supreme Court

Family Division

Forgeron, J.

October 27, 2015.

Summary:

The Minister of Community Services applied for permanent care and custody of three children who had been in its care since August 2014. The children's maternal grandmother applied for party status in the proceeding. She also applied for leave and custody of the children pursuant to the Maintenance and Custody Act.

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.

Family Law - Topic 1831

Custody and access - Right to custody - Rights of grandparents - [See Guardian and Ward - Topic 812 ].

Family Law - Topic 2125

Custody and access - Jurisdiction - Where child committed to Crown - [See Guardian and Ward - Topic 812 ].

Guardian and Ward - Topic 812

Public trustee or guardian - Appointment - Parties - The Minister of Community Services applied for permanent care and custody of three children - The children's maternal grandmother (SS) applied for party status in the proceeding - She also applied for leave and custody of the children pursuant to the Maintenance and Custody Act (MCA) - The Nova Scotia Supreme Court, Family Division, dismissed the applications - SS failed to prove that, when compared to other alternatives, there was a reasonable possibility that the children's welfare would be enhanced by granting her party status and hearing the relevant evidence - There was a reasonable likelihood that the children would be at risk if they were placed in SS's care given concerns respecting her lack of emotional connection to the children, her mental health, addiction and lifestyle issues, and residential instability - A biological connection, on its own, was not a strong basis upon which to grant party standing - The child protection proceedings had to be determined before an application under the MCA was heard - However, the court would have denied leave under the MCA for the same reasons.

Guardian and Ward - Topic 815

Public trustee or guardian - Appointment - Child in need of protection - Considerations (incl. best interests of child) - [See Guardian and Ward - Topic 812 ].

Cases Noticed:

Nova Scotia (Minister of Community Services) v. S.S. (2012), 320 N.S.R.(2d) 135; 1014 A.P.R. 135; 2012 NSSC 293, refd to. [para. 20].

Family and Children's Services of Kings County v. B.D. (1999), 177 N.S.R.(2d) 169; 542 A.P.R. 169 (C.A.), refd to. [para. 21].

T.B. v. Children's Aid Society of Halifax et al. (2001), 194 N.S.R.(2d) 149; 606 A.P.R. 149; 2001 NSCA 99, refd to. [para. 22].

S.A.D. v. Nova Scotia (Minister of Community Services) et al. (2014), 349 N.S.R.(2d) 131; 1101 A.P.R. 131; 2014 NSCA 77, refd to. [para. 26].

Nova Scotia (Minister of Community Services) v. G.R. et al., [2011] N.S.R.(2d) Uned. 32; 2011 NSSC 88, refd to. [para. 26].

Nova Scotia (Minister of Community Services) v. B.C. et al. (2012), 324 N.S.R.(2d) 130; 1029 A.P.R. 130; 2012 NSSC 413, refd to. [para. 34].

New Brunswick (Minister of Social Development) v. T.A.P. et al. (2015), 439 N.B.R.(2d) 76; 1145 A.P.R. 76; 2015 NBCA 39, refd to. [para. 34].

Counsel:

Danielle Morrison, for Minister of Community Services;

Shannon Mason, for M.S.;

Cathy Logan, for S.F.;

S.A., self-represented.

These applications were heard in Sydney, N.S., on September 23 and October 5 and 27, 2015, before Forgeron, J., of the Nova Scotia Supreme Court, Family Division, who delivered an oral decision on October 27, 2015, and the following written decision on October 30, 2015.