The Power of Social Workers in the Creation and Application of Elder Protection Statutory Norms in New Brunswick and Nova Scotia

This research stems from a legal pluralism approach to law which postulates that different levels of law can operate simultaneously in a given situation. In the field of child or adult protection, professionals, legislative, and bureaucratic norms may interact. The objective of this research was to study the interaction between these three levels of norms at two distinct times: at the creation of legislation norms and their application. A history of the prevailing conditions at the time of the New Brunswick Family Services Act was enacted is presented, and a comparison of the application of the Act in New Brunswick and Nova Scotia is made. Although the legislation of both provinces is similar, its application in New Brunswick was found to be influenced by social workers' professional norms, with the result that fewer intrusive intervention methods were employed and only a few cases were channelled through courts each year, while the number of court cases was on the increase in Nova Scotia.