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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.