D v. Nova Scotia (Community Services)

D v. Nova Scotia (Community Services)

The CFSA adoption provisions constitute a complete statutory scheme that does not authorize persons such as the grandmother or foster parents to be parties or intervenors in adoption proceedings; CPR 35 cannot override this statutory scheme; there is no legislative gap warranting exercise of parens patriae to grant standing; accordingly the applicants’ motions for standing are dismissed because the court’s jurisdiction in the adoption is limited to determining whether the adoption is proper and in the best interests of the child.

Citation
2015 NSSC 74
Parties
Agency/respondent: Mi’kmaw Family and Children’s Services; Foster Parents/applicants for Standing: D and A; Grandmother/applicant for Standing: M; Proposed Adoptive Parents/respondents: Proposed adoptive parents; Minister/respondent: Minister of Community Services
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 March 2015
Procedural Posture
Adoption; Standing Motion / Motion for Standing and Preliminary Evidentiary Rulings; Decision on Standing
Outcome
Applications by M, D and A for party status or intervention in the adoption proceeding dismissed
Legal Topics
Standing, Adoption, Parens Patriae, Procedural Fairness, Judicial Review, Confidentiality, FOIPOP
Source Language
English
Family Law Child Welfare Law Administrative Law Procedural Law Aboriginal Law Standing Adoption Parens Patriae +4 more

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 5 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Mi’kmaw Family and Children’s Services

Agency/respondent

D and A

Foster Parents/applicants for Standing

M

Grandmother/applicant for Standing

Proposed adoptive parents

Proposed Adoptive Parents/respondents

Minister of Community Services

Minister/respondent

Procedural Posture

Adoption; Standing Motion / Motion for Standing and Preliminary Evidentiary Rulings; Decision on Standing

Legal Issues

  1. 1 Whether applicants (grandmother and foster parents) may obtain party or intervenor standing in an adoption proceeding under the CFSA
  2. 2 Whether the court should exercise parens patriae jurisdiction to grant standing or fill a legislative gap
  3. 3 Whether CPR 35 permits joinder/intervention in adoption proceedings contrary to the CFSA

Ratio Decidendi

The CFSA adoption provisions constitute a complete statutory scheme that does not authorize persons such as the grandmother or foster parents to be parties or intervenors in adoption proceedings; CPR 35 cannot override this statutory scheme; there is no legislative gap warranting exercise of parens patriae to grant standing; accordingly the applicants’ motions for standing are dismissed because the court’s jurisdiction in the adoption is limited to determining whether the adoption is proper and in the best interests of the child.

Court Disposition

Applications by M, D and A for party status or intervention in the adoption proceeding dismissed

Orders

  • Applications by M, D and A for standing dismissed
  • Opinion reports of Elizabeth Shein (22 Sep 2014) and Diana Robichaud‑Smith (26 Sep 2014) excluded from consideration