Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Nova Scotia (Community Services) v. Birth Registration # 2016-02-002781,

2017 NSSC 27

 

Date: 20170202

Docket: SFHCFSA 102013

Registry: Halifax

 

Between:

Nova Scotia (Community Services)

Applicant

and

 

Birth Registration # 2016-02-002781

Respondent

 


LIBRARY HEADING


 

Judge:                The Honourable Associate Chief Justice Lawrence I. ONeil

 

Heard:               January 10, 2017 at Halifax, Nova Scotia

 

Issues:               1.  Do one or more constitutional questions arise from the adoption provisions of the Children and Family Services Act, S.N.S., 1990 c.5?

 

2.  If so, should notice of a constitutional question(s) be given to the Attorney General of Nova Scotia?

 

Summary:          Sections of the Children and Services Act, S.N.S. 1990 c.5 provide for adoption procedures to be followed.  The statute creates different processes, notice and consent requirements that may be impacted by whether a child is legitimate or not; whether the father is married to the childs mother or not and by whether the father lives with the childs mother inter alia.

 

The questions that arise relate to whether the distinctions are a violation of the legal rights of the child or the father in some circumstances and the questions also relate to whether the distinctions are a violation of the equality rights of the child or the father in some circumstances.

 

The Court held that notice of constitutional question should be given to the Attorney General of Nova Scotia and outlined the questions.

 

The Court released an earlier decision, 2017 NSSC 296 that provides further background.

 

Keywords:         adoption; service; notice of adoption; parent; legal rights; equality rights; Charter of Rights and Freedoms

 

Legislation:       Children and Family Services Act, S.N.S.1990 c.5

Constitutional Questions Act, RSNS 1989, c.89

Charter of Rights and Freedoms; Constitution Act 1982

 

Cases

Considered:       - Nova Scotia (Community Services) v. T.G., 2012 NSCA 19

- D.B.S., 2006 SCC 37

- Kerr v. Baranow, 2011 SCC 10

- New Brunswick (Minister of Health) v. G.(J.), 1999 3 SCR 46

- B.(R.) v. Childrens Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315

  - J.T. v. Manager of Child, Youth and Family Services, Zone E v. D.L., 2015 NLCA 55

 

 

 

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