P.B. v. Nova Scotia (Minister of Community Services) et al., 2014 NSCA 113

• Judge: MacDonald, C.J.N.S.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: December 11, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSCA 113;(2014), 356 N.S.R.(2d) 45 (CA)

P.B. v. N.S. (2014), 356 N.S.R.(2d) 45 (CA);

    1126 A.P.R. 45

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. DE.046

P.G.B. (appellant) v. The Minister of Community Services and S.M.B. (respondents)

(CA 428759; 2014 NSCA 113)

Indexed As: P.B. v. Nova Scotia (Minister of Community Services) et al.

Nova Scotia Court of Appeal

MacDonald, C.J.N.S.

December 17, 2014.

Summary:

The applicant applied under the Charter to have state-funded counsel appointed to represent him respecting his application to terminate permanent care and custody orders respecting his children.

The Nova Scotia Supreme Court, Family Division, in a decision reported 344 N.S.R.(2d) 28; 1089 A.P.R. 28, dismissed the application. The applicant filed an appeal and brought a motion seeking to have the requirement of filing a transcript in support of his appeal waived.

The Nova Scotia Court of Appeal, per Bourgeois, J.A., in a decision reported 350 N.S.R.(2d) 395; 1105 A.P.R. 395, dismissed the motion. Thereafter, the appeal was in limbo. The Registrar applied to have the appeal dismissed for want of prosecution. The applicant filed a motion asking the Court of Appeal to appoint state-funded counsel for the appeal.

The Nova Scotia Court of Appeal, per MacDonald, C.J.N.S., dismissed the applicant's motion for state-funded counsel and allowed the Registrar's motion to dismiss the appeal.

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. In particular, this case is subject to the restrictions on publication in s. 94 of the Children and Family Services Act, S.N.S. 1990, c. 5.

Civil Rights - Topic 4633

Right to counsel - Appointment of counsel by the court or the state - Where party impecunious - [See Courts - Topic 1765 ].

Civil Rights - Topic 4638

Right to counsel - Appointment of counsel by the court or the state - By appeal court - [See Courts - Topic 1765 ].

Civil Rights - Topic 4658

Right to counsel - Entitlement - Guardianship cases - [See Courts - Topic 1765 ].

Courts - Topic 1765

Powers - Appointment of counsel - To represent parent in protection proceedings - The Minister of Community Services obtained a permanent care and custody order respecting the applicant's children - The applicant applied to terminate the orders - The Minister opposed the application - The applicant sought to have state-funded counsel appointed to represent him on the appeal - The Nova Scotia Court of Appeal, per MacDonald, C.J.N.S., dismissed the motion - Despite the tremendously important issues at stake, the court was convinced that the applicant could receive a fair appeal without counsel - The appeal was not complicated - The applicant was very capable and fully able to access many online resources - With the assistance of the court and the Minister (as appropriate), the court was confident that he would be able to have the benefit of a fair process - See paragraphs 5 to 14.

Cases Noticed:

New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25, refd to. [para. 5].

Counsel:

Appellant, in person;

Respondent, S.M.B., not present;

Peter McVey, for The Attorney General of Nova Scotia.

This motion was heard in Chambers, in Halifax, Nova Scotia, on December 11, 2014, before MacDonald, C.J.N.S., of the Nova Scotia Court of Appeal, who delivered the following decision on December 17, 2014.