Mary Elizabeth Beaton

The Minister of Health and Community Services was granted permanent guardianship of three children who had been placed in foster care.

The trial judge subsequently ordered that the natural parents be prohibited from having any contact with the children, finding that access was not in the children's best interests.

The Court of Appeal upheld the guardianship order but set aside the access prohibition, ordering the Minister to prepare an access plan.

The Supreme Court of Canada allowed the Minister's appeal, holding that while courts have jurisdiction to make an access order in conjunction with a permanent guardianship order, the trial judge made no manifest error in denying access based on the evidence that visits were disturbing to the children and could jeopardize their adoption.

The appellant was sentenced to imprisonment and the trial judge ordered that he serve one half of the sentence before being eligible for parole under s. 741.2 of the Criminal Code.

The Court of Appeal denied leave to appeal the sentence, including the parole eligibility order.

The Supreme Court of Canada allowed the appeal, holding that courts of appeal have jurisdiction to review orders made under s. 741.2 as part of the 'sentence' under ss. 673 and 675(1)(b) of the Criminal Code.