SASKATCHEWAN
Court of Queen's Bench

SASKATCHEWAN - Court of Queen's Bench: S. (Re) 91 Sask R. 3 [1990] S.J. No. 635

FACTS:  The Minister put forth an application requesting custody of both S. and D. Dr. Snider, of the Alvin Buckwold Centre and Children's Rehabilitation Centre, formally diagnosed S. as suffering from FAS.  Dr. Snider also examined D., but concluded that despite the emergence of some symptoms, he did not suffer from FAS. Furthermore, Dr. Snider advised that a stable environment would be necessary in order for the children to improve developmentally. Dr. Jo Nanson, a child psychologist, stated that D. had improved dramatically in his new stable environment.  Moreover, Dr. Nanson believed that a change of residence would eliminate D.'s recent achievements and would prevent further improvement.

HELD: The judge concluded that the children were in needs of protection, and that returning the children to their father would be detrimental. Consequently, the Minister was granted custody.