W.M. et al. v. Nova Scotia (Minister of Community Services) et al., 2016 NSSC 59

• Judge: Gregan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 31, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSSC 59;(2016), 371 N.S.R.(2d) 192 (SC)

W.M. v. N.S. (2016), 371 N.S.R.(2d) 192 (SC);

    1169 A.P.R. 192

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. AP.003

W.M. and D.M., Sr. (applicants) v. Minister of Community Services, A.W., D.M., Jr. and N.M. (respondents)

(No. SFSNCFSA93322; 2016 NSSC 59)

Indexed As: W.M. et al. v. Nova Scotia (Minister of Community Services) et al.

Nova Scotia Supreme Court

Family Division

Gregan, J.

March 31, 2016.

Summary:

Three children were taken into care on October 6, 2014. A permanent care hearing was scheduled to commence in March 2016. The paternal grandparents of the children applied for standing in the proceedings pursuant to s. 36 of the Children and Family Services Act and s. 18(2) of the Maintenance and Custody Act.

The Nova Scotia Supreme Court, Family Division, dismissed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Guardian and Ward - Topic 812

Public trustee or guardian - Appointment - Parties - The applicants were the grandparents of K, age eight, JC, who would be two in September 2016, and H, who would be three in March 2016 - The three children were taken into care on October 6, 2014, as a result of H sustaining life-threatening injuries - The children's father, DM Jr., was charged with assault causing bodily harm and aggravated assault in relation to H - DM Jr.'s criminal charges were still before the court and he was on an undertaking which prohibited contact with the children - DM Jr. continued to reside with his parents (the applicants) who were his sureties in the criminal matters - A permanent care hearing was scheduled for March 2016 - The applicants applied for standing in the proceedings pursuant to s. 36 of the Children and Family Services Act and s. 18(2) of the Maintenance and Custody Act - The applicants said that if the court ordered it, they would no longer have DM Jr. stay with them - The Nova Scotia Supreme Court, Family Division, dismissed the application - Placing the children in the applicants' care would not enhance the children's lives because it was clear that (a) given their lack of insight into the violence and tension in their home and, (b) in particular, as to the actions of their son, DM Jr., they did not have the ability to protect the children - Because of the lack of insight, they did not have the ability to care for the children, H and K, in particular, who had special needs - The applicants had failed to advance a plan because they continued to have their son remain in their home - Another concern was the timing of the application - Given the short-comings of the applicants and the concerns identified, the applicants would not have the ability to parent the children under a supervision order - The timelines also did not permit it - Any ability of the Minister to consider such a request was lost due to the actions of the applicants - Because their son was residing with them while facing the charges regarding H, they could not be considered as a placement and had lost precious time - The court did not find that it was in the children's best interests to grant standing.

Cases Noticed:

Nova Scotia (Minister of Community Services) v. M.S. et al. (2015), 366 N.S.R.(2d) 206; 1154 A.P.R. 206; 2015 NSSC 307, affd. (2016), 369 N.S.R.(2d) 376; 1162 A.P.R. 376; 2016 NSCA 4, refd to. [para. 17].

R.B. v. Children's Aid Society of Halifax et al. (2003), 214 N.S.R.(2d) 335; 671 A.P.R. 335; 2003 NSCA 49, refd to. [para. 20].

T.B. v. Children's Aid Society of Halifax et al. (2001), 194 N.S.R.(2d) 149; 606 A.P.R. 149; 2001 NSCA 99, refd to. [para. 21].

Children's Aid Society of Cape Breton-Victoria v. L.D. et al., [2010] N.S.R.(2d) Uned. 22; 2010 NSSC 61, refd to. [para. 46].

Mi'kmaw Family and Children's Services v. L.M.I. et al., [2013] N.S.R.(2d) Uned. 298; 2013 NSSC 399, refd to. [para. 51].

C.O. et al. v. Nova Scotia (Minister of Community Services) (2010), 295 N.S.R.(2d) 311; 935 A.P.R. 311; 2010 NSCA 83, refd to. [para. 62].

Nova Scotia (Minister of Community Services) v. S.E.L. and L.M.L. (2002), 205 N.S.R.(2d) 104; 643 A.P.R. 104; 2002 NSCA 62, refd to. [para. 63].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, sect. 36 [para. 1].

Maintenance and Custody Act, R.S.N.S. 1989, c. 160, sect. 18 [para. 1].

Counsel:

Robert Moores, for the applicants;

Tara MacSween, for the respondent, M.C.S.;

Coline Morrow, for the respondent, A.W.;

N.M., self-represented;

D.M., Jr., self-represented.

This application was heard on January 27, February 11 and 12, 2016, in Sydney, N.S., before Gregan, J., of the Nova Scotia Supreme Court, Family Division, who delivered the following decision on March 31, 2016.