April 22, 2007

19/23 Further Evidence Section 49 (5)

Further Evidence Section 49 (5)

“the Appeal Division of the Supreme Court may in its discretion receive further evidence relating to events after the appeal order.”

Comments:

  • What does this mean? How would this work? To whose advantage? In actual practice, is the court REALLY going to allow families to bring forth new evidence.
  • From our observations in court, we have not seen the fair use of discretion by the courts of Nova Scotia. Such extensions of discretions tend to be awarded to the advantage of Children Aid Societies/ Family and Children Services Agencies/Department of Community Services.



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