MBCA on Privacy vs Child Protection

The Manitoba Court of Appeal recently ruled on the right of a child protection agency to request the personal information associated with a subscriber to an IP address.

Child and Family All Nations Coordinated Response Network (ANCR) was contacted by the Winnipeg Police Service (WPS) in February, 2016 who were in turn, informed by Interpol that a convicted sex offender in the United Kingdom may have had contact with someone they believed to be a child in 2012. ANCR asked Shaw Communications to identify the owner of the IP address. Shaw refused without a court order.

The application was first taken up with a Master, who did not have jurisdiction to hear an application as opposed to a motion, and then it went to a judge, who dismissed it, concluding that she did not have the jurisdiction to make the order either.

This decision is significant for its analysis of the interpretation of a statute.

[18] ANCR brought its application pursuant to the QB Rules for a determination of rights based upon the interpretation of the CFS Act and regulations. Rule 14.05(2)(c)(iv) of the QB Rules allows for the determination of rights that depend on the interpretation of any document referred to in the rule, in this case, a statute. The rule does not create jurisdiction, but provides a means to determine the nature and extent, if any,
of jurisdiction that already exists.

Steel, J.A. dismissed the application based on the documentation and evidence, while noting that the child protection agency did indeed have the jurisdiction to make such a request. Also of significance are Beard, J.A.’s concurring reasons.

ANCR v. Shaw Communications Inc. , 2017 MBCA 92

 

MBQB decision on contempt in Family Proceedings

It’s not often that parties are found in contempt in family proceedings. Behaviour has to be extremely egregious to warrant a contempt finding. That’s what Justice Doyle decided in Delichte v. Rogers, 2017 MBQB 117.

[1]            The mother and the father have engaged in high conflict family litigation for over 13 years.  During this period, 616 documents have been filed in regard to the many contentious proceedings that have come before this court.

There can be so much tension in family proceedings as both sides try to do what they feel is in the best interests of their children. At some point the court must step in and put a halt to it.

ONCA on Succession and Family Law

The Ontario Court of Appeal released a decision on how to apply the Succession Law Reform Act where  a husband had been ordered to purchase life insurance to cover his obligations for support. The husband remarried, and changed the beneficiaries of the account to include the second wife and children and of the second marriage. After his death, Wife 1 and Wife 2 claimed entitlement to the insurance proceeds.

Decision: Dagg v. Cameron Estate 2017 ONCA 366

Commentary: From The Lawyer’s Daily: Appeal Decision Shines Light