Saskatchewan (Minister of Social Services) v. F.P. and L.P., (1990) 83 Sask.R. 161 (ProvCt)

• Judge: Arnot, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 20, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 83 Sask.R. 161 (ProvCt)

Sask. v. F.P. (1990), 83 Sask.R. 161 (ProvCt)

MLB headnote and full text

In The Matter Of A Hearing Under Part I Of The Family Services Act And In The Matter Of K.P. Minister of Social Services (applicant) v. F.P. and L.P. (respondents)

Indexed As: Saskatchewan (Minister of Social Services) v. F.P. and L.P.

Saskatchewan Provincial Court

North Battleford

Arnot, P.C.J.

April 20, 1990.

Summary:

The Minister of Social Services applied for one year temporary guardianship of an infant with terminal liver disease, so that the Minister could authorize and consent to a liver transplant. The infant's parents refused to consent to the operation. The Minister claimed that the child was in need of protection under s. 15(e) of the Family Services Act.

The Saskatchewan Provincial Court dismissed the application.

Guardian and Ward - Topic 817

Public trustee or guardian - Appointment - Child in need of protection - Temporary appointment - A baby was born with terminal liver disease and would likely die within the next six to twelve months - The only chance for survival was a liver transplant, to which the parents refused to consent - The parents' decision was caring and informed - Assuming survival, life after a transplant would be of a diminished quality, requiring drug therapy having known and possibly unknown side effects - The Saskatchewan Provincial Court denied the Minister's application for temporary guardianship, so that the Minister could authorize the surgery - The child was not in need of protection under s. 15(e) of the Family Services Act.

Guardian and Ward - Topic 879

Public trustee or guardian - Powers - Respecting consent to medical treatment - [See Guardian and Ward - Topic 817].

Cases Noticed:

Wintersgill, Re (1981), 15 Sask.R. 435; 131 D.L.R.(3d) 184 (U.F.C.), dist. [para. 71].

Statutes Noticed:

Family Services Act, R.S.S. 1978, c. F-7, sect. 15 [paras. 2, 78]; sect. 15(e) [paras. 66, 93, 94]; sect. 29(b) [para. 2].

Counsel:

R.A. Gibbons, for the Minister;

H.R. Kloppenburg and M.A. Kobrynsky, for the respondents.

This application was heard before Arnot, P.C.J., of the Saskatchewan Provincial Court, North Battleford, whose decision was delivered on April 20, 1990.