W.L. v. Nova Scotia (Minister of Community Services), (1990) 101 N.S.R.(2d) 181 (FC)

• Case Date: December 19, 1990
• Jurisdiction: Nova Scotia
• Citations: (1990), 101 N.S.R.(2d) 181 (FC)

W.L. v. N.S. (1990), 101 N.S.R.(2d) 181 (FC);

    275 A.P.R. 181

MLB headnote and full text

W.L. (applicant) v. Minister of Community Services, Province of Nova Scotia (respondent)

Indexed As: W.L. v. Nova Scotia (Minister of Community Services)

Nova Scotia Family Court

Ferguson, J.F.C.

December 19, 1990.

Summary:

A parent applied under s. 44(2) of the Children's Services Act to strike his name from the Child Abuse Register.

The Nova Scotia Family Court allowed the application.

Infants - Topic 3344

Child abuse - Child abuse register - Striking recording from register - A father held his six year old daughter's arm while he spanked her - The daughter suffered a fracture when she moved suddenly - The father immediately took her to the hospital - Her injuries (arm and buttocks) were reported - The Nova Scotia Family Court dismissed the Children's Aid Society's application for an order that the child was in need of protection - The court found no child abuse or need for supervision - The father applied under s. 44(2) of the Children's Services Act to strike his name from the Child Abuse Register - The Nova Scotia Family Court allowed the application - The court stated that it was satisfied that there was no child abuse.

Infants - Topic 3345

Child abuse - Child abuse register - Striking recording from register - Practice - A parent suspected of child abuse, but subsequently cleared, applied under s. 44(2) of the Children's Services Act to strike his name from the Child Abuse Register - The Nova Scotia Family Court stated that there was no burden on the parent to prove on a balance of probabilities that his name should be struck - The onus remained on the Society to justify retention of the name - The court stated that it was not satisfied on a balance of probabilities that the child was abused, accordingly, the name should be struck from the Register.

Cases Noticed:

C.D. v. Family and Childrens Services, Administrator of (1985), 68 N.S.R.(2d) 151; 159 A.P.R. 151 (F.C.), refd to. [para. 53].

D.M.E. v. Nova Scotia (Minister of Social Services) (1987), 80 N.S.R.(2d) 46; 200 A.P.R. 46 (F.C.), refd to. [para. 54].

Re Milner (1975), 13 N.S.R.(2d) 378; 9 A.P.R. 378; 23 R.F.L. 86, refd to. [para. 56].

Lake v. Children's Aid Society of Halifax (1981), 45 N.S.R.(2d) 361; 86 A.P.R. 36 (C.A.), refd to. [para. 57].

G.H. v. Nova Scotia (Children's Services Act) (1986), 73 N.S.R.(2d) 23; 176 A.P.R. 23 (F.C.), refd to. [para. 60].

Statutes Noticed:

Children's Services Act, R.S.N.S. 1989, c. 68, sect. 2(l)(iv) [para. 10]; sect. 43, sect. 44 [para. 3].

Children's Services Act Regulations, sect. 3(a) [para. 4]; sect. 10, sect. 11 [para. 5].

Counsel:

Patricia Fricker, for the applicant;

Brian S. Norton, Q.C., for the respondent.

This application was heard before Ferguson, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment on December 19, 1990.