C.P. v. British Columbia (Director of the Ministry of Child, Family and Community Services)

C.P. v. British Columbia (Director of the Ministry of Child, Family and Community Services)

The petition was dismissed because the petitioner failed to exhaust the statutory administrative remedy under s.93.1 CFCSA and failed to establish capriciousness or bad faith by the Director; the Director's decision to place the child temporarily with a relative fell within his statutory authority (s.71) and the petitioner failed all three prongs of the RJR‑MacDonald test, with the balance of convenience favouring placement in the father's home.

Citation
2014 BCSC 1730
Parties
Petitioner (natural Mother): C.P.; Respondent (director/guardian): Director for the Ministry for Child, Family and Community Services; Natural Father/intervenor: M.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 August 2014
Procedural Posture
Judicial Review of Director's Temporary Child Placement Decision in Child Protection Proceedings Concurrent With Family Law Act Proceedings / Oral Reasons in Chambers; Petition for Judicial Review Decided and Dismissed (august 27, 2014)
Outcome
Petition dismissed
Legal Topics
Temporary Placement, Guardianship Authority, Exhaustion of Administrative Remedies, Procedural Fairness, Rjr‑mac Donald Injunction Test, Relocation Outside Jurisdiction, Assessment for Family Violence, Priority to Place With Relatives
Source Language
English
Child Protection Family Law Administrative Law Civil Procedure (injunctive Relief) Temporary Placement Guardianship Authority Exhaustion of Administrative Remedies Procedural Fairness +4 more

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Parties

C.P.

Petitioner (natural Mother)

Director for the Ministry for Child, Family and Community Services

Respondent (director/guardian)

M.D.

Natural Father/intervenor

Procedural Posture

Judicial Review of Director's Temporary Child Placement Decision in Child Protection Proceedings Concurrent With Family Law Act Proceedings / Oral Reasons in Chambers; Petition for Judicial Review Decided and Dismissed (august 27, 2014)

Legal Issues

  1. 1 Whether the Director had authority under the CFCSA to temporarily place the child with his father
  2. 2 Whether judicial review or injunctive relief was available against the Director in these circumstances
  3. 3 Whether the petitioner exhausted statutory administrative remedies (s.93.1 CFCSA) before seeking judicial relief

Ratio Decidendi

The petition was dismissed because the petitioner failed to exhaust the statutory administrative remedy under s.93.1 CFCSA and failed to establish capriciousness or bad faith by the Director; the Director's decision to place the child temporarily with a relative fell within his statutory authority (s.71) and the petitioner failed all three prongs of the RJR‑MacDonald test, with the balance of convenience favouring placement in the father's home.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Director permitted to proceed with temporary placement of the child with his father pending the December 2014 trial