FAMILY COURT OF NOVA SCOTIA
Citation: R.E. v. Nova Scotia (Community Services), 2011 NSFC 11
Date: 20110510
Docket: FAN CFSA 073062
Registry: Yarmouth
Between:
R.E. and S.E.
Applicants
v.
Minister of Community Services and
J.R. and S.D.
Respondents
LIBRARY HEADING
Restriction on publication: Publishers of this case please take note that Section 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication. Section 94 provides:
94(1) No person shall publish or make public information that has the effect of identifying a child who is a witness or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or a guardian, a foster parent or a relative of the child.
Judge: The Honourable Judge John D. Comeau
Heard: At Yarmouth, Nova Scotia, by Affidavit and Argument
Decision Date: May 12, 2011, in Comeauville, Nova Scotia
Summary: The Applicants request to be joined as parties to a Disposition Hearing under C.F.S.A.
Issue: Full Party Status
Result: The Applicants were denied party status. They had minimal involvement with the children (4 months the children lived in their home - cared for them a couple of summers). That the intent of the Act was to promote the integrity of the family. The parents and the Minister had different views on how to accomplish this. Third party status would interfere with the parents’ ability to present their case to keep their family together.
It was noted that there was no third party permanent care provisions under the C.F.S.A. Their recourse may be under the M.C.A. or to apply for party status under the C.F.S.A. if the children were ordered into permanent care and a review was initiated.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.