By Brian Madigan LL.B.
The latin term “parens patriae” can be translated into English as the “father of the children” or the “parent of the nation”.
The intention is to convey the basic meaning that the government or the state has a certain right and in fact obligation to look after those who can’t look after themselves. It was always a role that befell someone.
A disabled child who matured into adulthood often could not look after themselves. When the elderly parents died, then someone had to step in, look after the child (who lacked sufficient maturity) and care for them throughout the balance of their lifetimes.
In some cases, parents had made adequate provision, and in other cases, they had not.
Today, this jurisdiction is specifically delegated to various government and social agencies as well as specific offices of the Ministry of the Attorney General (in the case of Ontario), including the Office of the Public Trustee and Guardian. Legislation will be directed to children as well as adults who never achieve mental maturity and independence. This is a statutory delegation of this jurisdiction.
Frequently, in particular cases, a court will refer to its “inherent jurisdiction” exercising its “parens patriae” role.
So, where there is no parent, or no one to assume responsibility for the child or adult lacking mental capacity, then, the court will step in and assume its “inherent parens patriae jurisdiction” in order to make the correct, informed decisions on the part of the person who requires assistance.
Brian Madigan LL.B., Real Estate Broker, is an author and commentator on real estate markets, finances and law
www.OntarioRealEstateSource.com
