Nova Scotia (Community Services) v. M.K.

Nova Scotia (Community Services) v. M.K.

On the evidence the court found that the mother has a long history of marijuana use, is determined to breastfeed and has prepared stored breast milk, Dr. Nash advised that THC concentrates in breast milk and may cause neurological harm, and there was no evidence refuting that THC in breast milk could be harmful; therefore on a balance of probabilities the Minister established a substantial risk of physical harm if the child were returned, and the child is in need of protective services pursuant to CFSA s.40(4).

Citation
2014 NSFC 23
Parties
Applicant: M.C.S.; Respondent (mother): M.K.; Respondent (putative Father): T.T.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
9 February 2014
Procedural Posture
Protection Application Under the Children and Family Services Act (child Protection) / Protection Hearing (decision on Need for Protective Services)
Outcome
The court found A.S. to be in need of protective services on a balance of probabilities and upheld the Minister's protection application.
Legal Topics
Substantial Risk, Breastfeeding and Substance Use, Standard of Proof, Apprehension at Birth, Historical Evidence in Protection Proceedings
Source Language
English
Family Law Child Protection Health Law Substantial Risk Breastfeeding and Substance Use Standard of Proof Apprehension at Birth Historical Evidence in Protection Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M.C.S.

Applicant

M.K.

Respondent (mother)

T.T.

Respondent (putative Father)

Procedural Posture

Protection Application Under the Children and Family Services Act (child Protection) / Protection Hearing (decision on Need for Protective Services)

Legal Issues

  1. 1 Whether the Applicant proved on a balance of probabilities that there is a substantial risk the infant will suffer physical or emotional harm if returned to the mother
  2. 2 Whether the mother would breastfeed and continue marijuana use despite medical advice
  3. 3 Weight and relevance of historical child protection evidence at the protection stage

Ratio Decidendi

On the evidence the court found that the mother has a long history of marijuana use, is determined to breastfeed and has prepared stored breast milk, Dr. Nash advised that THC concentrates in breast milk and may cause neurological harm, and there was no evidence refuting that THC in breast milk could be harmful; therefore on a balance of probabilities the Minister established a substantial risk of physical harm if the child were returned, and the child is in need of protective services pursuant to CFSA s.40(4).

Court Disposition

The court found A.S. to be in need of protective services on a balance of probabilities and upheld the Minister's protection application.

Orders

  • A.S. is found to be in need of protective services pursuant to section 40(4) of the Children and Family Services Act
  • The court reserved the right to provide written reasons