CUSTODY, PARENTING, AND ACCESS — Appeals and judicial review — Constitutional issues

Law360 Canada (June 21, 2024, 11:09 AM EDT) -- Motion by JL and RS (“appellants”) for state-funded counsel to represent them on appeal. The appellants were parents of four children. The Minister of Community Services (“Minister”) commenced legal proceedings against them and sought orders placing the children in permanent care. A hearing was held, and the appellants were represented by their own lawyers and opposed the Minister's plan for permanent care. They argued the children should be returned to their care and the Minister's involvement with the family terminated. The hearing judge determined the children remained in need of protective services should they be returned to the care of appellants and ordered all four children to be placed in the Minister’s permanent care and custody. After having made a successful motion for an extension of time to file an appeal, the appellants filed a Notice of Appeal seeking to challenge the orders for permanent care. The appellants sought the appointment of state-funded counsel to represent them on the appeal. They asserted they did not have the means to hire a lawyer. JL explained he had attempted on many occasions to obtain a copy of the file materials of Dalhousie Legal Aid, who had represented him in the court below but had yet to receive them. JL said appointing a lawyer would help him obtain the contents of the file....
LexisNexis® Research Solutions

Related Sections