Top court backs family judge on placing adult in Halifax area.

Ottawa -- A dispute with the the Nova Scotia Minister of Health over the desire "J.J" to live in the Halifax area, under the province's Adult Protection Act ended with the Supreme Court of Canada supporting her wishes in a unanimous decision.

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

A Family Court judge had declared J.J., a patient at the Nova Scotia Hospital, to be an adult in need of protection and accepted the Minister's plan to place J in her apartment under strict conditions of daily supervision and support in the Halifax region. Because of financial considerations J.J. remained in the Nova Scotia Hospital.

The Minister then offered a new plan which called for J.J. to be placed in a facility located outside the Halifax region. The judge turned this proposal down because she 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." However, the Appeal Court ruled that the Family Court judge had exceeded her jurisdiction.

The Supreme Court disagreed and supported the Family Court. "The Act assigns to the court the responsibility to authorize only those services that are in tee best interests of the adult." Justice Rosalie Abella wrote on behalf of the court.