Annotated Children and Family Services Act, 2nd Edition
This new release is an annotation of Nova Scotia's Children and Family Services Act and focuses primarily on the latest amendments to the Act which took effect in March 2017. The author, a seasoned litigator with the Nova Scotia Department of Justice, outlines the amendments – the first major changes to the legislation since it was overhauled in 1990 – and provides an overview, commentary and discussion of the relevant case law.
McVey also examines child protection statutes from across Canada and has included three standalone chapters of Canada-wide interest and application – Evidence in child protection proceedings, Child protection at the Supreme Court of Canada, and the Charter of Rights and child protection – thus making the new edition of this book of interest to family law professionals across Canada.
This annotated guide to the newly updated Children and Family Services Act offers insightful explanations of all of the significant amendments. Even before these amendments, the Act was complex and lengthy – a "complete code" governing both child protection and adoption. As a result, this publication will certainly prove to be an invaluable resource.
In particular, readers will benefit from:
- The topical index to cases and legislation
- Relevant case law annotations
- A chapter dedicated to Supreme Court of Canada cases
- A cross-referencing of the applicable legislation across the country, with special insight into the similarities and differences between the provincial laws
- The text being organized into chapters by subject matter for ease of reference – instead of simply following the order of the statute
New in This Edition
The second edition of the annotated Children and Family Services Act includes:
- The consolidated Act, revised to reflect the March 2017 amendments
- Updated case law summaries, current to December 31, 2016
- McVey's summaries of the meaning of each of the amendments as well as updated versions of existing summaries
- Specific commentary from the author on selected subtopics (e.g., querying the correctness of a controversial decision)
- Child protection statutes from across Canada organized to cross-reference key provisions and procedures of the Nova Scotia act with those followed in other provinces
- A discussion about evidence in child protection proceedings that incorporates a relevant 2016 Court of Appeal decision regarding business records
- A comprehensive chapter on child protection at the Supreme Court of Canada, with cases going back to the 1950s
- An analysis of child protection in the context of Charter rights, revolving around three seminal Supreme Court of Canada cases: B.(R.) v. Children's Aid Society of Metropolitan Toronto, New Brunswick (Minister of Health and Community Services) v. G.(J.) and Winnipeg Child and Family Services v. K.L.W.
- An examination of the future of section 7 Charter litigation in child protection cases
- A discussion of "best interests" standards in child protection legislation, using the Supreme Court of Canada's ruling in A.C. v. Manitoba (Director of Child and Family Services)
- An analysis of discretion and the power given to ministers and agencies to make decisions, with reference to the landmark Supreme Court of Canada administrative law judgment in Baker v. Canada (Minister of Citizenship and Immigration)
- A detailed discussion of various one-off applications, including: orders to interview a child, orders for production of documents, locate and detain applications, protection intervention applications, entry applications, extension of wardship, maintenance orders, medical treatment orders, child abuse register applications, and enforcement orders and offences
- An examination of the issues in protection proceedings, such as risks to the child's health or safety, constitutional requirements, territorial jurisdiction, paramountcy, standing, role of foster parents, guardians and participation by children
- A look at secure treatment orders, when and why they will be granted, and issues of consent and renewal
- A complete chapter on the various issues surrounding adoption, including same-sex adoption, "fathers' rights" and more
- A detailed discussion of evidence, including privilege, admissibility, credibility, issues of "past parenting" and children's statements, as well as the use of agency "business records"
A go-to reference
Offering insight, in-depth analysis and expert commentary, this annotated guide will be an invaluable resource for anyone involved in family law and child protection matters, including family law lawyers, nonspecialist lawyers, Family Court judges, family mediators and child protection mediators across Canada.
Table of contents
Chapter 1: Interpretation, purposes, first principles
Chapter 2: Powers, jurisdiction, voluntary services
Chapter 3: One-off applications
Chapter 4: Protection proceedings
Chapter 5: Secure treatment orders
Chapter 6: Adoption
Chapter 7: Evidence in child protection proceedings
Chapter 8: Child protection at the Supreme Court of Canada
Chapter 9: The Charter of Rights and child protection