Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41113
M. K. v. Director of Child and Family Services
(Manitoba) (Civil) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: K., M.
Counsel
100-287 Broadway
Winnipeg, Manitoba
R3C 0R9
Telephone: (204) 985-9743
FAX: (204) 985-5237
Email: memit@legalaid.mb.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Director of Child and Family Services
Counsel
Kris Janovcik
Lindsey McAdam
1000-330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Email: dkropp@tappercuddy.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Family Law — Child protection — Jurisdiction — Parens patriae — To what extent can parens patriae jurisdiction be used to fill gaps in Canadian child welfare legislation — Whether Canadian judges should be given greater or less flexibility to impose conditions for the purpose of maintaining a child’s connection to his biological family and cultural roots — To what extent should a Canadian appellate court remove such conditions without conducting a best interests of the child analysis.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The child was placed with foster parents at birth. The foster parents had adopted two of the child’s older siblings. The trial judge found that it was in the child’s best interests to have a permanent placement as the child was fully attached to the foster parents and his siblings. The trial judge did not however agree with the respondent, Director of Child and Family Services’ plan for adoption. The trial judge called upon the court’s parens patriae jurisdiction to craft a permanent order that attached parental access conditions and conditions entitling the applicant, mother, to notice of adoption or other proceedings involving the child. The respondent appealed. The Court of Appeal allowed the appeal and removed all conditions from the permanent order of guardianship.
Lower court rulings
Respondent’s application for permanent order of guardianship granted
Respondent’s appeal allowed; Conditions removed from permanent order of guardianship
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-09 | Close file on Leave | |
| 2024-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-04 | Judgment on leave sent to the parties | |
| 2024-07-04 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AH22-30-09858, 2023 MBCA 98, dated December 5, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-05-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-03-22 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-03-22) | Director of Child and Family Services |
| 2024-03-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-03-28, (Printed version filed on 2024-03-22) | M. K. |
| 2024-03-13 | Notice of name, (Letter Form), (Printed version filed on 2024-03-13) | Director of Child and Family Services |
| 2024-03-13 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-03-13) | Director of Child and Family Services |
| 2024-03-13 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-03-13) | Director of Child and Family Services |
| 2024-03-13 | Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED, Completed on: 2024-03-15, (Printed version filed on 2024-03-13) | Director of Child and Family Services |
| 2024-02-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED; | |
| 2024-02-02 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-02-02) | M. K. |
| 2024-02-02 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-02-02) | M. K. |
| 2024-02-02 |
Application for leave to appeal, (Book Form), Missing: -Filing fees; (Rec'd 2024-02-22) -CA Order; , Completed on: 2024-05-28, (Printed version filed on 2024-02-02) |
M. K. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| K., M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Director of Child and Family Services | Respondent | Active |
Counsel
Party: K., M.
Counsel
100-287 Broadway
Winnipeg, Manitoba
R3C 0R9
Telephone: (204) 985-9743
FAX: (204) 985-5237
Email: memit@legalaid.mb.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Director of Child and Family Services
Counsel
Kris Janovcik
Lindsey McAdam
1000-330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Email: dkropp@tappercuddy.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Family Law — Child protection — Jurisdiction — Parens patriae — To what extent can parens patriae jurisdiction be used to fill gaps in Canadian child welfare legislation — Whether Canadian judges should be given greater or less flexibility to impose conditions for the purpose of maintaining a child’s connection to his biological family and cultural roots — To what extent should a Canadian appellate court remove such conditions without conducting a best interests of the child analysis.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The child was placed with foster parents at birth. The foster parents had adopted two of the child’s older siblings. The trial judge found that it was in the child’s best interests to have a permanent placement as the child was fully attached to the foster parents and his siblings. The trial judge did not however agree with the respondent, Director of Child and Family Services’ plan for adoption. The trial judge called upon the court’s parens patriae jurisdiction to craft a permanent order that attached parental access conditions and conditions entitling the applicant, mother, to notice of adoption or other proceedings involving the child. The respondent appealed. The Court of Appeal allowed the appeal and removed all conditions from the permanent order of guardianship.
Lower court rulings
Respondent’s application for permanent order of guardianship granted
Respondent’s appeal allowed; Conditions removed from permanent order of guardianship
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available