Children's Aid Society & Family Services of Colchester County v D.F.
The appeal is allowed because the trial judge refused the Agency's application without applying the s.46 review factors; lack of secure treatment arrangements alone does not justify refusal, so the trial order is set aside and the matter is remitted for proper consideration.
Source-derived case information.
- Citation
- 1999 NSCA 40
- Parties
- Appellant: Children's Aid Society and Family Services of Colchester County; Respondent: D. F.; Respondent: G. F.; Respondent: C. S.; Respondent: T. S.
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 January 1999
- Procedural Posture
- Appeal / Judgment on Appeal; Matter Remitted for Rehearing Before Differently Constituted Family Court
- Outcome
- Appeal allowed; order of trial judge set aside; matter remitted for further review
- Legal Topics
- Secure Treatment, Temporary Care and Custody, Statutory Review Under S.46, Remittal for Rehearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Children's Aid Society and Family Services of Colchester County
Appellant
D. F.
Respondent
G. F.
Respondent
C. S.
Respondent
T. S.
Respondent
Procedural Posture
Appeal / Judgment on Appeal; Matter Remitted for Rehearing Before Differently Constituted Family Court
Legal Issues
- 1 Whether lack of arrangements for secure treatment in another province is a proper basis to refuse an Agency application to continue temporary care and custody
- 2 Whether the trial judge applied the required s.46 factors when exercising review power under the Children and Family Services Act
Ratio Decidendi
The appeal is allowed because the trial judge refused the Agency's application without applying the s.46 review factors; lack of secure treatment arrangements alone does not justify refusal, so the trial order is set aside and the matter is remitted for proper consideration.
Court Disposition
Appeal allowed; order of trial judge set aside; matter remitted for further review
Orders
- Appeal allowed
- Order of the trial judge set aside
Full Case Text
Judgment text and source record
1 paragraphs
Children's Aid Society & Family Services of Colchester County v D.F. Court Court of Appeal Date 1999-01-29 Citation 1999 NSCA 40 Docket CA 151791 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Cromwell, Thomas A. (Honourable Justice); Flinn, Edward J. (Honourable Justice) Document Type Decision Relations Library Sheet - Children's Aid Society & Family Services of Colchester County v D.F. - 1999 NSCA 40 - 1999-01-29 - Library Sheet Decision Content Date: 19990129 Docket: C.A. 151791 NOVA SCOTIA COURT OF APPEAL Cite as: Children’s Aid Society & Family Services of Colchester County v. D.F., 1999 NSCA 40 Chipman, Flinn and Cromwell, JJ.A. BETWEEN: THE CHILDREN’S AID SOCIETY AND ) H. Matthew Graham and FAMILY SERVICES OF COLCHESTER ) S. Raymond Morse COUNTY ) for the Appellant Appellant ) ) Alison P. Brown - and - ) for the Respondent ) T. S. D. F., G. F., ) C. S. and T.S. ) Other respondents in person ) Respondents ) Appeal Heard: ) January 29, 1999 ) ) ) Judgment Delivered: ) January 29, 1999 ) ) Editorial Notice Identifying information has been removed from this electronic version of the judgment. THE COURT: Appeal allowed per oral reasons for judgment of Flinn, J.A.; Chipman and Cromwell, JJ.A. concurring. FLINN, J.A.: (Orally) We are of the unanimous opinion that this appeal should be allowed. It is unfortunate that the provisions of the Children and Family Services Act, S.N.S. 1990, c. 5. (permitting a Family Court judge, in an appropriate case, to make an order with respect to secure treatment of a child), have not been proclaimed. However, the fact that the Agency has not made arrangements for secure treatment in another province, with respect to the child in question, is not, of itself, a proper basis for rejecting the application of the Agency, at a review hearing, for an order to continue with temporary care and custody of the child. The application of the Agency in this case was refused without reference to the factors which the trial judge is required to consider under s. 46 of the Children and Family Services Act (supra) in exercising his power of review. For that reason, this matter must be reheard. The appeal is, therefore, allowed. The order of the trial judge is set aside. There will be a further order in the same terms as the order of the Family Court dated September 23rd, 1997, with the exception that the order will remain in effect only until April 30th, 1999. Prior to April 30th, 1999, this matter is to be remitted to a differently constituted Family Court for further review. Flinn, J.A. Concurred in: Chipman, J.A. Cromwell, J.A. C.A. No.151791 NOVA SCOTIA COURT OF APPEAL BETWEEN: THE CHILDREN’S AID SOCIETY AND FAMILY SERVICES OF COLCHESTER COUNTY ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: D. F., G. F., ) C. S. and ) FLINN, J.A. T. S. ) (Orally) Respondents ) ) ) ) ) ) )