A motion by counsel for the respondent mother to be removed as counsel of record in a child protection status review application.
The Children's Aid Society sought Crown wardship for three children (ages 11, 10, and 5) who had been in care for approximately 18 months.
Counsel sought removal because Legal Aid would only fund representation for a summary judgment motion, not for trial.
The court refused the motion, finding that the harm to the children and administration of justice from delay outweighed the unfairness to counsel.
The court emphasized the importance of timely permanency planning in child protection cases and noted that counsel could seek public funding pursuant to the Supreme Court's decision in New Brunswick v. J.G.