W. et al., Re, (1984) 54 A.R. 8 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 09, 1984
• Citations: (1984), 54 A.R. 8 (ProvCt)

W., Re (1984), 54 A.R. 8 (ProvCt)

MLB headnote and full text

Re W. et al.

(No. N 4798)

Indexed As: W. et al., Re

Alberta Provincial Court

Fitch, P.C.J.

March 9, 1984.

Summary:

The Director of Child Welfare applied under s. 24 of the Child Welfare Act for temporary wardship of two children allegedly in need of protection.

The Alberta Provincial Court determined that the children were in need of protection and granted a temporary wardship order for a transitional period, to be followed by the return of the children to their mother under a supervision order.

Guardian and Ward - Topic 326

Appointment of guardian - Wards of the Crown - Children - Notice of hearing - Persons entitled to notice - A parent entitled to notice under s. 6(f) of the Child Welfare Act was not served, because a notice mailed to his last known address was returned "unclaimed" and efforts to locate the parent through the Registrar of Motor Vehicles were unsuccessful - The Alberta Provincial Court held that the attempts at service were sufficient and that the Director of Child Welfare was not required to advertise, to make further inquiries of Canada Post, or to hire someone to locate the missing parent, especially where the application was for temporary wardship only - See paragraphs 4 to 5.

Guardian and Ward - Topic 813

Public trustee or guardian - Appointment - Child in need of protection - What constitutes - Two children, aged 16 and 11, were constantly being taken away from their mother since 1977 under several temporary wardship orders and placed in foster homes - The mother had behavioral problems causing her to rebel against all types of authority - She was highly transient in nature - The children suffered develop mental problems because of the lack of stability in their environment - The Alberta Provincial Court held that the children were in need of protection and ordered that the children be temporary wards for a transitional period, to be followed by the return of the children to their mother under a supervision order - See paragraphs 10 to 56.

Guardian and Ward - Topic 819

Public trustee or guardian - Appointment - Child or adult in need of protection - Evidence - The Alberta Provincial Court determined that two children were in need of protection - In deciding whether to grant a temporary wardship order or a supervision order, the court held that it was necessary to compare evidence of the Director's plans for the care of the children with the parents' plans - The court held that the Director's plans had to be considered despite the Director's objections, because the evidence was necessary for the court to discharge its duty under ss. 15 and 16 of the Child Welfare Act, which required the court to consider the public interest and interest of the child - See paragraphs 57 to 62.

Guardian and Ward - Topic 819

Public trustee or guardian - Appointment - Child or adult in need of protection - Evidence - Sections 12(3) and (4) of the Child Welfare Act gave child welfare workers the right to be present throughout an inquiry - Queen's Bench Rule 247 gave the judge discretion to exclude witnesses - The Alberta Provincial Court held that in an inquiry before the Court of Queen's Bench a welfare worker who was also a witness could be excluded from the hearing when not giving evidence; at an inquiry before the Provincial Court, where the Rules did not apply, the court had the inherent jurisdiction to exclude the welfare worker only until his evidence was given - See paragraphs 11 to 15.

Cases Noticed:

Re Bellerive, [1972] 4 W.W.R. 674; 6 R.F.L. 266 (Alta. D.C.), appld. [para. 6].

R. v. Anderson (1980), 70 C.C.C. 253 (Ont. Co. Ct.), ref'd to. [para. 15].

Re Learn v. The Queen (1981), 63 C.C.C.(2d) 191 (Ont. H.C.), ref'd to. [para. 16].

Sissons v. Olson (1951), 1 W.W.R.(N.S.) 507 (B.C.C.A.), ref'd to. [para. 16].

Re B. (1978), 8 A.L.R.(2d) 59 (P.C.A.), appld. [para. 71].

Statutes Noticed:

Post Office Act, R.S.C. 1970, c. P-14, sect. 6(n) [para. 5].

Child Welfare Act, R.S.A. 1980, c. C-8, sect. 12(3), sect. 12(4) [para. 12].

Rules of Court (Alta.), rule 247 [para. 13].

Counsel:

J. Booth, for the Director of Child Welfare;

J. Ryan, for the parents, Irene and Karl;

No one appearing for the parent, Thomas;

No one appearing for the children.

This application was heard at Calgary, Alberta, before Fitch, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 9, 1984.