The Children's Aid Society brought a motion under section 74 of the Child and Family Services Act seeking production of a psychiatric report and records prepared by Dr. Mary Lilley regarding the young person X. The respondent parents supported the motion, but X. opposed the release of their private psychiatric records.
The court considered competing interests between the society's need for relevant information to inform its service plan and X.'s privacy interests and therapeutic relationship with the psychiatrist.
The court determined that before ruling on the motion, it would conduct a judicial review of the report in a sealed envelope to determine whether the society had met its onus of establishing relevance and whether the report should be released.
