SUPREME
COURT OF NOVA SCOTIA (FAMILY DIVISION)
Citation: D.J.H. v. Nova Scotia (Community
Services), 2017 NSSC 353
ENDORSEMENT
DJH v. Minister of Community Services
2017; SFH CFSA 106451
October 6, 2017
James R. Morris for DJH
Elizabeth Whelton, Q.C. for the Minister of Community Services
DJH applies to have his name removed from the Child Abuse Register under section 64(2) of the Children and Family Services Act, S.N.S. 1990, c. 5.
Decision:
DJH does not pose a risk to children and his name must be removed from the Child Abuse Register.
Reasons:
1.
A person whose name is entered in the
Child Abuse Register may apply to have their name removed from the Register if
I am satisfied that the person does not pose a risk to children.
2.
The Register is a means of protecting
children from risk, not a means of ongoing punishment for a person who has been
convicted.
3.
The Minister of Community Services has
received notice of DJH’s application and takes no position.
4.
Twenty years ago, DJH’s name was entered
in the Child Abuse Register as a result of his conviction for sexually
assaulting a young person. The offence occurred when DJH was under the
influence of alcohol.
5.
DJH’s application for a pardon
identifies a criminal charge which was withdrawn and one which resulted in an
acquittal. Being named on the Child Abuse Register results from a criminal
conviction – not from being charged. If DJH had only been charged and the
charges were withdrawn or had resulted in an acquittal, he would not be named
on the Child Abuse Register. Regardless, I do consider all the charges when I
assess DJH’s circumstances in this application. To do otherwise would be to
minimize the risk I’m to assess. DJH was charged as a result of multiple
incidents.
6.
Since his conviction, when DJH was a
young man with an alcohol problem, he has lived a blameless life.
7.
DJH has completed an alcohol and
substance abuse program. Alcohol is no longer a problem in his life. He drinks
socially and not to the point of drunkenness.
8.
DJH and his wife are childless, as are
other members of their immediate families and many of their friends and
neighbours. Young people are not a part of their social circle, their
workplaces or their volunteer activities.
9.
DJH has taken steps to minimize his
interaction with young people, particularly if he is drinking.
10.
DJH’s steps are confirmed by his family
and friends.
11.
DJH’s intimates are aware of his
conviction which provides him with a measure of accountability if he was ever
inclined to behave in a way that would pose a risk to children.
12.
I received a report from Dr. Kelln,
psychologist, who assessed DJH and administered psychological testing. Dr.
Kelln opines that DJH represents a “very low risk” for sexual offence
recidivism and “appears genuinely motivated” to remain offence-free. Dr. Kelln
says there is no evidence of sexual deviance.
13. I am satisfied that DJH does not pose a risk to children and his name must be removed from the Child Abuse Register.
_____________________________
Elizabeth
Jollimore, J.S.C.(F.D.)