S., Re, (1970) 2 N.B.R.(2d) 829 (CA)

Judge:Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
Court:Court of Appeal of New Brunswick
Case Date:June 11, 1970
Jurisdiction:New Brunswick
Citations:(1970), 2 N.B.R.(2d) 829 (CA)
 
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S., Re (1970), 2 N.B.R.(2d) 829 (CA);

    2 R.N.-B.(2e) 829

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Re: S., An Infant

Indexed As: S., An Infant, Re

Répertorié: S., An Infant, Re

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

June 11, 1970.

Summary:

Résumé:

The New Brunswick Court of Appeal dismissed an appeal by a mother from an order of a judge refusing to order the return to the mother of children made permanent wards of the Director of Welfare.

The New Brunswick Court of Appeal held that the judge was acting under a new statutory jurisdiction created by section 13 of the Child Welfare Act which did not grant an appeal to the mother to the Court of Appeal. Therefore, the procedure to claim custody by way of petition under the Judicature Act is not available to a parent whose child has been made a permanent ward of the Director of Welfare.

In obiter, the New Brunswick Court of Appeal stated that new circumstances are not required for a judge to grant a parent's request for custody on an application made under Section 13(1) of the Child Welfare Act.

Courts - Topic 352

Judges - Exercise of authority - Actions as judge persona designata - Family law - Custody - Child Welfare Act - The New Brunswick Court of Appeal held that it does not have jurisdiction to hear an appeal by a mother from a decision of a judge acting under the authority of section 13 of the Child Welfare Act - Held that section 13 of the Child Welfare Act creates a new statutory jurisdiction in judges as persona designata - Appeal dismissed for lack of jurisdiction.

Cases Noticed:

Re Minister of Social Welfare and Rehabilitation and Dube, 39 D.L.R.(2d) 302 (C.A.), folld.

Fortowsky v. Roman Catholic Children's Aid Society (1960), 23 D.L.R.(2d) 569, folld.

Mugford v. Children's Aid Society of Ottawa, 4 D.L.R.(3d) 274, folld.

In Re Application of Gandy and Oland, 13 M.P.R. 192, folld.

R. v. Hayward Ex parte Cyr, 14 M.P.R. 486, folld.

Earle et al. v. The N.B. Liquor Control Commission, 1 N.B.R.(2d) 652, folld.

Wilkinson v. Barking Corporation, [1948] 1 All E.R. 564, folld.

Statutes Noticed:

Judicature Act, R.S.N.B. 1952, c. 120, sect. 18(3).

Child Welfare Act, S.N.B. 1966, c. 3, sect. 13.

Counsel:

Douglas Smith, for the petitioner, appellant;

Charles Shannon, for the respondent.

APPEAL from an order of a judge refusing to order the return to the mother of children made permanent wards of the Director of Welfare.

The judgment of the court was delivered by LIMERICK, J.A.

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