The Applicants applied for Judicial Review of a Decision of the Director of Child, Youth and Family Enhancement (“Director”) to remove a child from the Applicants’ care and home.

The Court noted that the Director’s Decision could not be appealed to the Appeal Panel, because it had already been sent to the Appeal Panel, who referred the Decision back to the Director, and the Director confirmed his earlier Decision. Therefore, the appropriate procedure in the circumstances was a Judicial Review pursuant to Rule 3.24(2). Ouellette J. examined the relevant factors to be considered in this matter as set out in the Child, Youth and Family Enhancement Act, RSA 2000, c C-12, and reviewed the Decision of the Director.

In the result, the Application for Judicial Review was granted. The Director’s Decision to remove the child from the foster home was set aside. The matter was referred back to the Director (again) for further consideration. Justice Ouellette also ordered that the Director immediately take the necessary steps to obtain an attachment assessment in relation to the child and that the Director’s further consideration take into account the results of the attachment assessment pursuant to Rule 3.24(2)(c).