Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

(FAMILY DIVISION)

Citation: Nova Scotia (Community Services) v. E.U., 2015 NSSC 4

Date: 20150106

Docket: SFSNCFSA8244

Registry: Sydney, NS

Between:

Minister of Community Services

Applicant

v.

E.U.

Respondent

Library Heading

To the 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 headings before publication.  Section 94(1) provides:

 

Prohibition on publication

94 (1) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or a relative of the child.

 

Judge:

The Honourable Justice Kenneth C. Haley

Heard:

July 22nd, July 23rd, Sept. 3rd, Sept. 4th, Sept. 5th, Oct. 9th, Oct. 10th, Oct. 14th and Oct. 17th, 2014 in Sydney, Nova Scotia

Final Written Submissions:

December 12, 2014

Written Decision:

January 6, 2015

 

                                                                                                                               

Subject:

Summary:

 

 

 

 

Issues:

Result:

 

Cases:

 

 

 

Permanent Care/Exceeding Statutory Timelines

*  The Applicant seeks a Permanent Care Order with no provision for access for the Respondent’s daughter.

*  The Respondent had drug, domestic violence and mental health issues and had not successfully engaged in services with the Minister.

*  The Court found that the child remained in need of protective services and that risk of harm to the child remained if returned to the Respondent.

Permanent care or dismissal

Permanent care ordered, with no provision for access.  The circumstances were unlikely to change within a reasonably foreseeable time.

F.H. v. McDougall, [2008] 3 S.C.R. 41

Catholic Children’s Aid Society of Metropolitan Toronto v. C.M.,[1994] S.C.J. No. 37 (SCC)

Nova Scotia (Minister of Community Services) v. L.L.P., [2003] N.S.J. No. 1 (NSCA)

D.G. v. Family and Children Services of Lunenburg County and T.M.C. and C.L.G. [2006] N.S.J. No. 432

G.S. v. Nova Scotia (Minister of Community Services), [2006] N.S.J. No. 52 (NSCA)

Children and Family Services of Colchester County v. K.T., [2010], N.S.J. No. 474

Nova Scotia (Community Services) v. T.H., 2010 NSCA 63

Mi’kmaw Family and Children’s Services v. L.(B.), [2011] NSCA 104

 

 

 

 

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