H. (Re), 1991 CanLII 6211 (AB QB)

Important because it require that Notice be given of something that might change the family status of a child or parent. Perhaps a mere application to welfare requires by a single mother should require the gov't to provide such Notice?

The status of the parent and child should be altered by this Court only if the interests of both are protected by notice and an opportunity to be heard, even if the Act does not require such notice or opportunity to be heard. The child may be deemed to have such notice and opportunity to be heard because the child’s legal guardian supports the application. However, neither the statute nor what I understand to have been the previous practice of the Court in applications such as these has required notice to be given (if possible) to the natural mother, or an opportunity to her to be heard if she so wishes.

[13]                       In my view, it is now necessary to recognize that the practice must be changed. In K. (P.) v. M. (J.B.), at p. 413-4 [R.F.L.], Haddad J.A. recognized:

“the fundamental rule that any person whose rights may be affected by the commencement of legal proceedings is entitled to notice unless that requirement is extinguished by legislation.”

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