Nova Scotia (Minister of Community Services) v. N.L. et al., 2014 NSSC 201

• Judge: Forgeron, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 28, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSSC 201;(2014), 345 N.S.R.(2d) 362 (SC)

N.S. v. N.L. (2014), 345 N.S.R.(2d) 362 (SC);

    1092 A.P.R. 362

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.019

Minister of Community Services (applicant) v. N.L. and W.M. (respondents)

(83964; 2014 NSSC 201)

Indexed As: Nova Scotia (Minister of Community Services) v. N.L. et al.

Nova Scotia Supreme Court

Family Division

Forgeron, J.

May 28, 2014.

Summary:

A child was taken into interim care at birth in December 2012 and placed in the care of his maternal grandmother. The parents had a history with the Minister dating from 1997 for the mother and 2004 for the father. The basis for the intervention was domestic violence and drug and alcohol abuse by both parents. The parents exercised supervised and unsupervised access. In July 2013, the Minister took the child into care on the basis that the interim order was no longer safe. Domestic violence issues were resolved, but substance abuse remained a concern. The parents exercised supervised access. The Minister applied for permanent care and custody with a plan of having the child adopted, as years of services had not effected a lifestyle change. The 48 year old father opposed the order. The mother abandoned any interest in the child. If the order was made, the father sought access.

The Nova Scotia Supreme Court, Family Division, granted permanent care and custody to the Minister, with no access to the father in light of the proposed adoption of the child.

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 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - A child was taken into interim care at birth in December 2012 and placed in the care of his maternal grandmother - The parents had a history with the Minister dating from 1997 for the mother and 2004 for the father - Every child of the parents (together and separately) involved intervention by the Minister - The basis for the intervention was domestic violence and drug and alcohol abuse by both parents - The parents exercised supervised and unsupervised access - In July 2013, the Minister took the child into care on the basis that the interim order was no longer safe - Domestic violence issues were resolved, but substance abuse remained a concern - The parents exercised supervised access - The Minister applied for permanent care and custody with a plan of having the child adopted, as years of services had not effected a lifestyle change - The 48 year old father opposed the order - He argued that since the legislative time-lines had not yet been exhausted, he had (for the first time) a clean drug test, and a plan to raise the child by himself, the child should be returned to his care - The mother abandoned any interest in the child - If the order was made, the father sought access - The Nova Scotia Supreme Court, Family Division, granted permanent care and custody to the Minister - The court had jurisdiction to make a permanent order, even before the legislative time-lines expired, where change was unlikely within a reasonably foreseeable time - There was no presumption that parents were to be afforded the maximum time under the Act to remedy the Minister's concerns - The child continued to be in need of protective services due to violence, substance abuse and the relationship between the parents - Previous services provided by the Minister over a long period of time were ineffective in altering the lifestyles of the parents - Those parenting deficits were unlikely to change within a reasonably foreseeable period of time - Given the proposed adoption, continued access was not in the child's best interests - See paragraphs 99 to 152.

Guardian and Ward - Topic 825.3

Public trustee or guardian - Appointment - Access to children - [See Guardian and Ward - Topic 816 ].

Guardian and Ward - Topic 902

Public trustee or guardian - The hearing - Time limits (incl. applications) - [See Guardian and Ward - Topic 816 ].

Cases Noticed:

McMullin-Mullin v. Henley (2013), 332 N.S.R.(2d) 130; 1052 A.P.R. 130; 2013 NSCA 85, refd to. [para. 15].

F.H. v. McDougall (2008), 380 N.R. 82; 260 B.C.A.C. 74; 439 W.A.C. 74; 2008 SCC 53, refd to. [para. 99].

Catholic Children's Aid Society of Metropolitan Toronto v. C.M., [1994] 2 S.C.R. 165; 165 N.R. 161; 71 O.A.C. 81, refd to. [para. 103].

Nova Scotia (Minister of Community Services) v. S.Z. et al. (1999), 181 N.S.R.(2d) 99; 560 A.P.R. 99; 1999 NSCA 155, refd to. [para. 104].

Nova Scotia (Minister of Community Services) v. G.R. et al., [2011] N.S.R.(2d) Uned. 32; 2011 NSSC 88, affd. [2011] N.S.R.(2d) Uned. 135; 2011 NSCA 61, refd to. [para. 104].

P.H. v. Nova Scotia (Minister of Community Services) et al. (2013), 332 N.S.R.(2d) 134; 1052 A.P.R. 134; 2013 NSCA 83, refd to. [para. 105].

Mi'Kmaw Family and Children's Services v. KDo et al., [2012] N.S.R.(2d) Uned. 280; 2012 NSSC 379, refd to. [para. 108].

Children and Family Services of Colchester County v. K.T. (2010), 294 N.S.R.(2d) 379; 933 A.P.R. 379; 2010 NSCA 72, refd to. [para. 150].

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, refd to. [para. 151].

Counsel:

Tara MacSween, for the Minister of Community Services;

Alan Stanwick, for N.L.;

Kimberly Franklyn, for W.M.

This application was heard on February 17 and 19-21, 2014, at Sydney, N.S., before Forgeron, J., of the Nova Scotia Supreme Court, Family Division, whose oral decision of May 28, 2014, was filed in writing on June 10, 2014.