Marshall Estate (Re)

Marshall Estate (Re)

The court held that ss.80 and 82 of the Children and Family Services Act do not infringe ss.7 or 15 of the Charter: property/inheritance on intestacy falls outside Charter protection; the impugned provisions have an ameliorative legislative objective of integrating adoptees into adoptive families and do not reflect stereotyping or devaluation required for a s.15 breach; there was no evidentiary basis that the applicant suffered a Charter‑protected deprivation of life, liberty or security from loss of medical/familial information, and medical confidentiality/statutory remedies address information access; accordingly the requested declaratory relief and reading‑in were refused.

Citation
2008 NSSC 93
Parties
Decedent/estate: Estate of Gladys Goldie Marshall; Applicant/potential Heir: Patricia Marie Ann Strong; Respondents: Heirs at Law; Intervener: Attorney General of Nova Scotia
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 March 2008
Procedural Posture
Probate/charter Challenge / Written Decision
Outcome
Application dismissed; declarations under ss.7 and 15 not granted
Legal Topics
Section 7 Charter, Section 15 Charter, Intestate Succession, Adoption Statutory Effect, Standing, Access to Medical Records
Source Language
English
Constitutional Law Family Law Probate Law Adoption Law Health Privacy Law Section 7 Charter Section 15 Charter Intestate Succession +3 more

Case Brief

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Parties

Estate of Gladys Goldie Marshall

Decedent/estate

Patricia Marie Ann Strong

Applicant/potential Heir

Heirs at Law

Respondents

Attorney General of Nova Scotia

Intervener

Procedural Posture

Probate/charter Challenge / Written Decision

Legal Issues

  1. 1 Whether ss.80(1)(a) and (b) of the Children and Family Services Act discriminate against adoptees and violate s.15(1) by denying intestate succession rights
  2. 2 Whether ss.80(1)(a) and (b) of the Children and Family Services Act violate s.7 by depriving life, liberty or security of the person through termination of inheritance and informational rights
  3. 3 Whether s.82 of the Children and Family Services Act discriminates against adoptees and violates s.15(1)

Ratio Decidendi

The court held that ss.80 and 82 of the Children and Family Services Act do not infringe ss.7 or 15 of the Charter: property/inheritance on intestacy falls outside Charter protection; the impugned provisions have an ameliorative legislative objective of integrating adoptees into adoptive families and do not reflect stereotyping or devaluation required for a s.15 breach; there was no evidentiary basis that the applicant suffered a Charter‑protected deprivation of life, liberty or security from loss of medical/familial information, and medical confidentiality/statutory remedies address information access; accordingly the requested declaratory relief and reading‑in were refused.

Court Disposition

Application dismissed; declarations under ss.7 and 15 not granted

Orders

  • Application dismissed
  • No declaration granted that ss.80(1)(a),(b) or s.82 CFSA violate ss.7 or 15 of the Charter