Mark Northcott

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.

Two child protection matters raised a jurisdictional issue regarding the five‑day statutory deadline for bringing an apprehended child before the court under s. 46(1) of the Child and Family Services Act.

The respondents argued the applications were late because the societies waited until the sixth calendar day following apprehension.

The court held that the computation provisions in the Legislation Act, 2006 apply unless a contrary legislative intention appears.

Because the fifth day fell on Easter Monday when the court was closed, the statutory deadline was extended to the next business day.

The applications were therefore brought within the legally defined five‑day period and the court retained jurisdiction.