Can parens patriae jurisdiction be engaged?
Prince Edward Island, Canada
The following excerpt is from DCP v. A.D.D., J.D. and B.T., 2019 PESC 53 (CanLII):
In Beson v. Director of Child Welfare (NFLD.), 1982 CanLII 32 (SCC), [1982] 2 SCR 716, Justice Wilson, speaking for the court, conceded that parens patriae jurisdiction is properly engaged where there is a gap in the legislation or where the Director has acted capriciously or in bad faith or where there has been an improper use of discretion by the Director.
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