Supreme Court

Decision Information

Decision Content

SUPREME COURT OF Nova Scotia

FAMILY DIVISION

Citation: Nova Scotia (Community Services) v. AM , 2015 NSSC 50

Date: 2015-02-17

Docket: 746988

Registry: Sydney, NS

Between:                                 Minister of Community Services

Applicant

v.

AM and JW

Respondents

 

and

Date: 2015-02-17

Docket: 84382

Registry: Sydney, NS

Between:

Minister of Community Services

Applicant

v.

AM and JW

Respondents

 

 

LIBRARY HEADING

 

Judge:                                     The Honourable Justice Theresa M. Forgeron

 

Heard:                                                February 10, 2015, in Sydney, Nova Scotia

 

Written Release:                     February 17, 2015

 

Subject:                                   Child Protection                                  

Issues:                                     Does the court have jurisdiction to entertain the applications to terminate given the adoption proceedings?


Result:                                     The effect of s. 48(4) of the CFSA is clear, whether or not it is strictly characterized as a jurisdiction depriving provision. The court is legislatively precluded from hearing an application to terminate a permanent care and custody order once the adoption process has been engaged. The Minister’s motions were granted.

 

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