The Minister of Health and Community Services appealed a decision of the New Brunswick Court of Appeal that set aside a guardianship order and substituted a custody order for two children in protective care.
The Court of Appeal had held that the Minister must prove parental moral turpitude and name specific adoptive parents to obtain a guardianship order.
The Supreme Court of Canada allowed the appeal and reinstated the guardianship order, holding that the sole criterion under the Family Services Act is the best interests of the child.
The Court found that requiring proof of moral turpitude or the naming of specific adoptive parents contradicts the language and spirit of the Act.
