Two consolidated child protection cases raised a jurisdictional issue regarding the interpretation of the five-day time limit in subsection 46(1) of the Child and Family Services Act.
The respondent A.H. argued that the court lacked jurisdiction because the Children's Aid Society failed to bring the matter before the court within five calendar days of the child's apprehension, as the fifth day fell on Easter Monday, a statutory holiday.
The court held that the provisions of the Legislation Act, 2006 apply to the time limit, extending it to the next day that is not a holiday when the deadline falls on a holiday or when the court office is closed.
The court found it had jurisdiction to hear both cases.
