Nova Scotia (Community Services) v. A.B.

Nova Scotia (Community Services) v. A.B.

The application was dismissed because the court was not satisfied that (1) the mother had refused access to the child or entry to the premises within the meaning of s.26(2), and (2) the MCS had not established reasonable and probable grounds that the child may be in need of protective services under ss.22(2)(c) or (d); evidence of an individual’s possession of child pornography and past association with the family did not, on the record, establish sexual abuse, the mother’s knowledge or a current substantial risk justifying the intrusive remedies sought.

Citation
2013 NSSC 101
Parties
Petitioner: Minister of Community Services; Respondent: A.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 February 2013
Procedural Posture
Child Protection (cfsa) Family Division / Ex Parte Application for Investigative Order Under S.26(2) Cfsa; Dismissed at Hearing With Written Reasons to Follow
Outcome
Application for investigative order under s.26(2) CFSA dismissed
Legal Topics
Investigative Order, Parental Rights and Privacy, Reasonable and Probable Grounds, Statutory Interpretation of S.26(2) CFSA, Risk of Sexual Abuse, Police/agency Joint Interviews
Source Language
English
Family Law Child Welfare Administrative Law Criminal Law Investigative Order Parental Rights and Privacy Reasonable and Probable Grounds Statutory Interpretation of S.26(2) CFSA +2 more

Case Brief

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Parties

Minister of Community Services

Petitioner

A.B.

Respondent

Procedural Posture

Child Protection (cfsa) Family Division / Ex Parte Application for Investigative Order Under S.26(2) Cfsa; Dismissed at Hearing With Written Reasons to Follow

Legal Issues

  1. 1 Whether an agent had been refused access to the child or entry to premises within meaning of s.26(2) CFSA
  2. 2 Whether there were reasonable and probable grounds to believe the child may be in need of protective services under ss.22(2)(c),(d) CFSA
  3. 3 Whether intrusive remedies (entry, removal, compelled interview) were necessary and proportionate to determine need for protective services

Ratio Decidendi

The application was dismissed because the court was not satisfied that (1) the mother had refused access to the child or entry to the premises within the meaning of s.26(2), and (2) the MCS had not established reasonable and probable grounds that the child may be in need of protective services under ss.22(2)(c) or (d); evidence of an individual’s possession of child pornography and past association with the family did not, on the record, establish sexual abuse, the mother’s knowledge or a current substantial risk justifying the intrusive remedies sought.

Court Disposition

Application for investigative order under s.26(2) CFSA dismissed

Orders

  • Application for investigative order under section 26(2) of the Children and Family Services Act dismissed