Supreme Court

Judge:

The Honourable Justice Theresa Forgeron

Heard:

June 27, 28, 29 and 30, 2016, in Sydney, Nova Scotia

Written Decision:

October 21, 2016

Subject:

Child Protection

Issues:

Credibility:  Sexual Abuse of Step-Daughter; Disposition Review; Supervised Access; Wishes of Child

Result:

The court refused the joint request of the Minister and father to return a developmentally delayed son to the care of the father.

The court did not accept the premise that protection risks were reduced because the father’s sexual abuse involved a non-biological female, while the son was a biological male. The protection risk did not arise because the father had a heterosexual orientation.  The protection risk arose because the father systematically abused a vulnerable child, his step-daughter, for his own pleasure and control for about seven years. 

Within that seven year period, the father manipulatively groomed his step-daughter to provide him with unlimited sexual favours, often while plying her with alcohol, and while convincing her that the odious sexual relationship was normal.  The father was a sexual predator who abused his position of trust.  The step-daughter was scarred for life because of the father’s conduct.

The considerable protection risk associated with the lengthy period of sexual predation against a vulnerable child was not addressed by addiction counselling, mental health therapy, family support sessions, or any other service. The protection risk was not reduced because the father no longer abuses alcohol and does not take illegal drugs.