Nova Scotia (Community Services) v. SS

Nova Scotia (Community Services) v. SS

The Minister met the civil standard and proved a substantial risk to the children under s.22(2)(b),(g),(i) and (k) based on ongoing, escalated high-conflict parenting disputes with specific violent incidents witnessed by children, continued behaviours by SS that precipitate conflict despite remedial programming,...

Source-derived case information.

Citation
2021 NSSC 231
Parties
Applicant / Minister: Nova Scotia (Community Services); Respondent / Mother: SS; Respondent / Father: AB; Respondent / Father: RB; Child: PS; Child: MkB; Child: SB; Child: MB
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 July 2021
Procedural Posture
Child Protection (children and Family Services Act) / Protection Hearing Final Decision
Outcome
Protection finding entered pursuant to s.22(2)(b), (g), (i) and (k) of the Children and Family Services Act
Legal Topics
Protection Order, Neglect, Emotional Abuse, Exposure to Domestic Violence, Burden of Proof
Source Language
english
Family Law Child Protection Administrative Law Protection Order Neglect Emotional Abuse Exposure to Domestic Violence Burden of Proof

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Parties

Nova Scotia (Community Services)

Applicant / Minister

SS

Respondent / Mother

AB

Respondent / Father

RB

Respondent / Father

PS

Child

MkB

Child

SB

Child

MB

Child

Procedural Posture

Child Protection (children and Family Services Act) / Protection Hearing Final Decision

Legal Issues

  1. 1 Whether the Minister proved children are in need of protective services under s.22(2)
  2. 2 Whether there is a substantial risk of physical harm to the children (s.22(2)(b))
  3. 3 Whether there is a substantial risk of emotional abuse (s.22(2)(g))

Ratio Decidendi

The Minister met the civil standard and proved a substantial risk to the children under s.22(2)(b),(g),(i) and (k) based on ongoing, escalated high-conflict parenting disputes with specific violent incidents witnessed by children, continued behaviours by SS that precipitate conflict despite remedial programming, involvement of a young child in parental disputes, and chronic failure to address outstanding dental needs; these facts demonstrate a real and substantial risk of physical harm, emotional harm and neglect and a failure to remedy exposure to violence.

Court Disposition

Protection finding entered pursuant to s.22(2)(b), (g), (i) and (k) of the Children and Family Services Act

Orders

  • A Protection Order will issue accordingly.