Nova Scotia (Minister of Health and Wellness) v. V.S., 2015 NSSC 9

• Judge: Jollimore, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 06, 2015
• Jurisdiction: Nova Scotia
• Citations: 2015 NSSC 9;(2015), 354 N.S.R.(2d) 300 (SC)

N.S. v. V.S. (2015), 354 N.S.R.(2d) 300 (SC);

    1120 A.P.R. 300

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JA.026

Minister of Health and Wellness (applicant) v. V.S. (respondent)

(SFHAPA 10636; 2015 NSSC 9)

Indexed As: Nova Scotia (Minister of Health and Wellness) v. V.S.

Nova Scotia Supreme Court

Family Division

Jollimore, J.

January 16, 2015.

Summary:

A 56 year old woman suffering from chronic paranoid schizophrenia was hospitalized 43 times before she was first declared in 1999 to be an "adult in need of protection" under the Adult Protection Act. The woman had a history of not taking her medication unless compelled to do so, resulting in a continuing pattern of rapid deterioration and readmittance to hospital. The adult protection order permitted the woman to live somewhat independently in the community by providing for, inter alia, support persons to ensure that she took her medication. The adult protection order was renewed every six months. In 2005, the woman challenged the constitutionality of the cyclical six month review process, submitting that it violated her s. 7 Charter rights to liberty and security of the person and constituted cruel and unusual treatment contrary to s. 12 of the Charter. The Charter challenge was combined with the Minister's next application for a renewal of the adult protection order.

The Nova Scotia Supreme Court, in a judgment not reported in this series of reports, renewed the adult protection order and dismissed the constitutional challenge. The woman appealed the renewal order. She abandoned her s. 12 challenge and sought, for the first time, to challenge the definition of "adult in need of protection" under s. 3 of the Act as violating s. 7 of the Charter.

The Nova Scotia Court of Appeal, in a judgment reported (2006), 249 N.S.R.(2d) 185; 792 A.P.R. 185, dismissed the appeal. The woman was not permitted, for the first time on appeal, to raise Charter issues not raised at trial where the record did not contain all of the facts relevant to the issue and the Minister would be prejudiced. The woman could initiate a new challenge in a court of first instance to pursue the new Charter issue. On the merits, the trial judge did not err in finding that the woman remained an "adult in need of protection". The 34th renewal order was due to expire on January 22, 2015. The Minister applied for a further renewal order.

The Nova Scotia Supreme Court, Family Division, allowed the application.

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 818

Public trustee or guardian - Appointment - Child or adult in need of protection - Protective order - A 62 year old woman suffering from chronic paranoid schizophrenia was hospitalized 43 times before she was first declared in 1999 to be an "adult in need of protection" under the Adult Protection Act - She had a history of not taking her medication unless compelled to do so, resulting in a continuing pattern of rapid deterioration and readmittance to hospital - The adult protection order permitted the woman to live somewhat independently in the community by providing for, inter alia, support persons to ensure that she took her medication - The adult protection order was renewed every six months - The latest order (the 34th) was due to expire - The Minister applied to again renew the order - The Nova Scotia Supreme Court, Family Division, renewed the order - The woman remained an adult in need of protection where, absent supervision, she was incapable of meeting her health care needs - Supervision was needed to ensure that she took her prescribed medication and did not jeopardize her diabetes by her poor dietary choices - The woman continued to have dangerous interactions with others and failed to budget properly - It was in the woman's best interests that the Minister provide her with services to enhance her ability to care and fend adequately for herself.

Cases Noticed:

Nova Scotia (Minister of Health) v. R.G. (2005), 232 N.S.R.(2d) 51; 737 A.P.R. 51; 2005 NSCA 59, refd to. [para. 14].

Nova Scotia (Minister of Health) v. J.J. (2005), 231 N.R. 103; 231 N.S.R.(2d) 1; 733 A.P.R. 1; 2005 SCC 12, refd to. [para. 18].

Counsel:

John S. Underhill, for the Minister of Health and Wellness;

Colin M. Campbell, for V.S.

This application was heard on January 6, 2015, before Jollimore, J., of the Nova Scotia Supreme Court, Family Division, who delivered the following judgment on January 16, 2015.