In the context of a status review application brought by the mother to have her child returned from Extended Society Care, the Society brought a motion for the production of third-party records relating to the mother's mental health and addiction treatment.
The mother opposed the motion, arguing it was premature under s. 130 of the Child, Youth and Family Services Act because the service providers had not explicitly refused to produce the records.
The court granted the motion, finding that the failure to respond to requests, combined with the mother's revocation of her consents, effectively constituted a refusal, and emphasized that the protection and safety of the child overrides the parent's privacy interests.
