Supreme Court supports Nova Scotia family court judge in protective care ruling.

OTTAWA -- The Supreme Court of Canada agreed that a Nova Scotia family court had the jurisdiction to determine where an adult needing protective custody should receive care.

An adult, (identified as "J." was found by a Family Court judge to be in need of protective custody under Nova Scotia law. The judge would not permit the the Minister of Health to vary the order by placing him for care outside of Halifax. The Minister's reasons were lack of funds and staffing for the Halifax area.

The judge concluded that the Minister's proposed placement was contrary to J.'s welfare and would not enhance her ability to care and fend for herself.

The Court of Appeal found that the Family Court judge had exceeded her jurisdiction by prohibiting J.'s placement outside the Halifax region, holding that when the Family Court is provided with only one plan of care, its jurisdiction under the Adult Protection Act is limited to simply accepting or vetoing it.

The Supreme Court of Canada supported the family court judge.

The Advocacy Centre for the Elderly, People First of Canada and Canadian Association for Community Living were intervenors.