M.D. and C.D. v. Director of Child and Family Services

(Alberta) (Civil) (By Leave)

(Publication ban in case)


Family law — Child protection — Apprehension — Whether the applicant has been deprived of her right to fair and just treatment — Whether the decisions of the courts below have permitted the child to be in the care of the respondent outside of the statutory timelines.


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(Publication ban in case)

The respondent Director of Child and Family Services obtained an ex parte apprehension order of the applicant’s child. The respondent was granted initial custody of the child pending an application for permanent guardianship. Before the permanent guardianship trial began, the respondent obtained a disclosure order in the Provincial Court. The applicant filed an appeal of the disclosure order in the Court of King’s Bench.

The applicant also filed an originating application in the Court of King’s Bench seeking a number of remedies including a request for the return of the child on the basis that the child’s cumulative time in care of the respondent exceeded the legislative framework in s. 33 of the Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12. The Court of King’s Bench dismissed the applicant’s application. The applicant filed an appeal of this order as well as an application for numerous requests.

The Court of King’s Bench denied the applicant’s adjournment request and dismissed her appeal of the disclosure order. The applicant appealed the two Court of King’s Bench orders. Both appeals were dismissed by the Court of Appeal.

Lower Court Rulings

July 15, 2022
Court of Queen’s Bench of Alberta

Applicant’s application for the return of her child dismissed
July 25, 2022
Court of Queen’s Bench of Alberta

Appeal dismissed
March 14, 2023
Court of Appeal of Alberta (Calgary)

2023 ABCA 83, 2201-0175AC, 2201-0200AC
Appeals dismissed