Citation: G. A. v. Children’s Aid Society of Cape Breton-Victoria ,
2004 NSCA 52
Date: 20040408
Docket: CA 210705
Registry: Halifax
Between:
G. A.
Appellant
v.
The Children’s Aid Society of Cape Breton - Victoria
Respondent
Restriction on Publication: Pursuant to s. 94(1) Children and Family Services Act.
Judge: Hamilton, J.A.
Appeal Heard: March 18, 2004
Subject: Family law, Section 96(3)(b) of the Children and Family Services Act, Videotaped interviews of children
Summary: At the hearing to determine if four children should be placed into the permanent care and custody of the agency, the trial judge admitted videotaped statements of interviews by the agency with two of the children, against the late and unclear objection of counsel for the parents. He found that the same drug related and discipline issues that he found had caused the agency to commence the child protection proceedings continued to exist, despite the services that had been made available to the parents for over a year. He found the parents had not accessed the services meaningfully. He found the children continued to be at risk of physical and emotional harm due to the ongoing drug issues and ordered that they be placed in the permanent care and control of the agency.
Issue: The main issue on appeal was whether the trial judge erred by admitting the videotaped statements of two of the children.
Result: Appeal dismissed. Given the context and purpose of the trial judge’s discretion under s. 96(3)(b) of the Children and Family Services Act, it is not appropriate to impose any rigid formula for receipt of such statements. The record indicates the trial judge made the right inquiries in admitting and relying on the statements on the facts of this case. His findings were supported by the record.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 20 pages. |