RP v ALBERTA (DIRECTOR OF CHILD, YOUTH AND FAMILY ENHANCEMENT)

The Plaintiff foster parents successfully sought Judicial Review of a decision by the Director of Child Services to remove a four-year-old-child from their foster home in which she had resided since shortly after birth, and to place her with her maternal grandmother.

A Justice of the Court of Queen’s Bench granted Judicial Review and set aside the decision by the Director, referring the matter back to Child Services for further consideration. The Justice also made collateral Orders under Rule 3.24(2)(c) for an assessment report of the child and directions to the Director to apply deference to the Appeal Panel’s findings of fact and reasoning. The Director maintained the same decision even after reconsideration. On Appeal, the Court again directed the matter back to the Director for reconsideration and dismissed the Appeal.