P. v. Children's Aid Society of Winnipeg, (1984) 29 Man.R.(2d) 297 (QBFD)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 18, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 29 Man.R.(2d) 297 (QBFD)

P. v. CAS (1984), 29 Man.R.(2d) 297 (QBFD)

MLB headnote and full text

P. and P. v. Children's Aid Society of Winnipeg

(Suit No. 1300/84)

Indexed As: P. v. Children's Aid Society of Winnipeg

Manitoba Court of Queen's Bench

Family Division

Hamilton, A.C.J.

June 18, 1984.

Summary:

This action dealt with the issues of guardianship, custody and access to a 3.5 year old Indian child. The child's aunt applied for permanent guardianship of the child and to be added as a party to the action. This application was unopposed by the child's foster parents, who sought to adopt the child.

Anishinaabe Child and Family Services Inc. applied to be added as an intervener. This application was opposed by the foster parents.

The Manitoba Court of Queen's Bench, Family Division, allowed both applications.

Practice - Topic 682

Parties - Adding parties - Intervenors - Re interest in subject matter - In a guardianship and custody application, respecting an Indian child, the Manitoba Court of Queen's Bench, Family Division, added as an intervener a child-caring agency for the band to which the child belonged - The court felt that its involvement in the proceedings would benefit the court, where the agency had been involved in assessments of the child and had gathered information on the suitability of the applicant for custody and the child's mother - See paragraphs 6 to 10.

Cases Noticed:

Johnson et al. v. Corp. of Town of Milton (No. 1) (1981), 34 O.R.(2d) 289, refd to. [para. 6].

Forest v. Attorney General of Manitoba, [1979] 2 S.C.R. 1032; 30 N.R. 213; 2 Man.R.(2d) 109, consd. [para. 11].

Blaikie v. Attorney General of the Province of Quebec, [1979] 2 S.C.R. 1016; 30 N.R. 225, consd. [para. 11].

Constitutional Amendment References (1981), [1981] 1 S.C.R. 753; 39 N.R. 1; 34 Nfld. & P.E.I.R. 1; 95 A.P.R. 1, 11 Man.R.(2d) 1, consd. [para. 11].

Statutes Noticed:

Rules of Court (Man.), Queen's Bench Rules, rule 51(2) [para. 5].

Rules of Court (Man.), Family Division Rules, rule 808(2) [para. 5].

Authors and Works Noticed:

Shorter Oxford English Dictionary [para. 11].

Dictionnaire Juridique (Editions de Navarre 1977) [para. 11].

Petit guide de terminologie juridique/Handbook of Legal Terminology (1981) [para. 11].

Counsel:

S.B. Malamud, for the applicants;

D.D. Yard, for the respondent;

D.R. James, for J.M.A.;

C.M. Sinclair, for Anishinaabe Child and Family Services Inc.

These applications were heard before Hamilton, A.C.J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on June 18, 1984.