CHILD AND FAMILY SERVICES REVIEW BOARD
Applicant
v.
Society
REASONS FOR DECISION: Interim Decision (Motion)
Date: July 29.2015
Citation: 2015 CFSRB 32
Related to 2015 CFSRB 27 and 2015 CFSRB 33
Indexed as: Applicant v. Society (CFSA s.36)
1This is a ruling relating to records under the Youth Criminal Justice Act S.C. 2002, c.1 (“YCJA”) in a review of the Applicant’s residential placement under s. 36 of the Child and Family Services Act, R.S.O. 1990, c. C.11 as amended (the “Act”). The Board (or CFSRB) dealt with YCJA records in two contexts in this application. The first was at a motion prior to the hearing and the second was during the hearing. The Board also addressed its jurisdiction in relation to a bail condition at the motion and at the hearing.
2These are the reasons for the decision on the pre-hearing motion about YCJA assessments, brought by the Society at the direction of the Youth Court, on notice to the Attorney General. The Board ordered that the assessments be made available for the CFSRB hearing. The Board also provided direction about how YCJA records applications should be made in future. Motions for access to and use of YCJA records in Board proceedings should be made in their entirety before the Youth Court without the need for further vetting by the Board. The Board deferred the issue of jurisdiction.
3At its pre-hearings, the Board gives parties notice that it will not accept documents or evidence relating to the YCJA without a Youth Court order. The pre-hearing report, dated May 12, 2015 states that the Society will seek an order from the Youth Justice Court to be allowed to use the records relating to the applicant.
4The Society brought a motion to Youth Court for access to two assessments made under the YCJA of the Applicant for the hearing before the Board. The Society sought an order that it could gain access to and use the assessments only if there was a further order of the CFSRB on a motion, on notice to the Attorney General (Civil) in accordance with D.P. v. Wagg 2004 39048 (ON CA) (“Wagg”). The order of Justice [H], Youth Court, dated May 25, 2015 included a provision that the Police provide the assessments to the Attorney General, Crown Law Office Civil and that the CFSRB place a confidentiality warning on its file. In terms of accessing the assessments for the Board’s proceeding, the order was that:
- The Applicant may not gain access to the materials described in