A v. Mr. and Mrs. B, (1983) 45 A.R. 88 (NWTCA)

• Judge: Prowse, Moir and McClung, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: May 16, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 45 A.R. 88 (NWTCA)

A v. Mr. & Mrs. B (1983), 45 A.R. 88 (NWTCA)

MLB headnote and full text

A v. Mr. and Mrs. B

(No. 462)

Indexed As: A v. Mr. and Mrs. B

Northwest Territories Court of Appeal

Prowse, Moir and McClung, JJ.A.

May 16, 1983.

Summary:

An unwed mother gave her newborn son to Mr. and Mrs. B. Subsequently the mother changed her mind and applied for custody of her son. The trial court dismissed the application. The mother appealed.

The Northwest Territories Court of Appeal dismissed the appeal.

Prowse, J.A., dissenting, in the Northwest Territories Court of Appeal, would have allowed the appeal - see paragraphs 14 to 31.

Infants - Topic 2686

Illegitimate children - Custody of illegitimate child by mother, loss of right to custody - An unwed mother gave her newborn son to Mr. and Mrs. B - The mother also signed a consent to adoption form - Approximately 65 days after the birth the mother changed her mind and applied for custody of her son - The Northwest Territories Court of Appeal affirmed a dismissal of the mother's application - The trial court held the mother was "unmindful" of her parental duties for purposes of s. 37 of the Domestic Relations Ordinance.

Words and Phrases

Unmindful - The Northwest Territories Court of Appeal discussed the meaning of the word "unmindful" as found in the phrase "unmindful of her parental duties" as found in s. 37 of the Northwest Territories Domestic Relations Ordinance.

Cases Noticed:

Matt, Re, [1957] S.C.R. 606, refd to. [paras. 3 and 21].

McNeilly and McNeilly v. Agar, [1958] S.C.R. 52, refd to. [paras. 3 and 21].

Talsky v. Talsky (1975), 7 N.R. 246; 21 R.F.L. 27 (S.C.C.), refd to. [para. 13].

Duffell, Re Baby, [1950] S.C.R. 737, refd to. [para. 21].

J. v. C., [1970] A.C. 668, refd to. [para. 21].

Moores and Feldstein et al., Re, [1973] 3 O.R. 921, refd to. [para. 21].

C.A.C. v. F.D.R. and S.J.R. (1977), 21 N.S.R.(2d) 631 (C.A.), refd to. [para. 21].

O'Hara, Re, [1900] 2 I.R. 232, refd to. [para. 21].

McGrath (Infants), [1891] 1 Ch. 143, refd to. [para. 25].

Statutes Noticed:

Domestic Relations Ordinance, 1974 R.O.N.T., c. D-9, sect. 28, sect. 35, sect. 37 [para. 19].

Child Welfare Ordinance, 1974 R.O.N.T., c. C-3, sect. 84, sect. 85 [para. 20].

Authors and Works Noticed:

Shorter Oxford Dictionary [para. 8].

Counsel:

James R. Scott, for the appellant;

J. Morris, for the respondents.

This appeal was heard by PROWSE, MOIR and McCLUNG, JJ.A., of the Northwest Territories Court of Appeal.

The judgment of the Court of Appeal was delivered at Yellowknife, Northwest Territories on May 16, 1983 and the following opinions were filed:

MOIR, J.A. - see paragraphs 1 to 13;

PROWSE, J.A., dissenting - see paragraphs 14 to 31.

McCLUNG, J.A., concurred with MOIR, J.A.