Child and Family Services Review Board
F.V. v. Children’s Aid Society of Haldimand and Norfolk
WRITTEN REVIEW
Date: August 7, 2015 Citation: 2015 CFSRB 34 Indexed as: F.V. v. Children’s Aid Society of Haldimand and Norfolk (CFSA s.68)
1The Child and Family Services Review Board (the “Board”) received an application from the Applicant on July 8, 2015, regarding a complaint against the Children’s Aid Society of Haldimand and Norfolk (the “Society”) pursuant to section 68.1 of the Child and Family Services Act, R.S.O. 1990, c. C. 11, as amended (the “Act”).
2The Board has determined that an oral hearing is not required in this case as the Board has sufficient information before it to make its decision based on the written material filed. The issue for the Board is whether it has jurisdiction to hear the application.
3On July 15, 2015, the Board determined that the application was eligible to proceed to the next stage of the Board’s process: the receipt of the Society’s response. The application was found eligible under section 68.1 (4) 5 which relates to the Applicant’s right to be given reasons for decisions that affect his interests, regarding access to his daughter.
4The Board received the Society’s response dated July 22, 2015. It is the Society’s position that the Board lacks jurisdiction because the matter was decided by the Court and is before the Court. The Board reviewed the Court materials filed by the Society, including endorsements of the Court.
5Based on its review of the application, the Society’s response and the decisions of the Court, the Board has determined that it has no jurisdiction to hear the application. The reasons for this decision follow.
BACKGROUND
6The Applicant has an infant daughter, born on Date of Birth. The child was apprehended at birth by the Society.
7The Applicant complained that he was harassed by the Society’s volunteer driver enroute to an access visit with his daughter on April 22, 2015. He further complained that a scheduled access visit on June 10, 2015 was cancelled by the Society.
ANALYSIS
8The Board has no jurisdiction to hear complaints if they involve matters that are before the Court or have been decided by the Court.
9Section 68.1(8) (a) of the Act provides that:
The Board shall not conduct a review of a complaint under this section if the subject of the complaint,
(a) is an issue that has been decided by the court or is before the court.
10The Society submitted that it sought Temporary Care and Custody and made a motion to suspend the Applicant’s access. These issues were considered and commented upon by the Honourable [Justice] in his decision on July 8, 2015. Specifically, the issues raised by the Applicant were contained in affidavits before the court on July 8, 2015. The Society noted that the Applicant has been represented by counsel since May 2015, and has filed materials with the Ontario Court of Justice related to the issues identified in his complaint with the Board that were referred to by his counsel during argument of the Temporary Care and Custody Hearing.
11The Society provided the Board with documentation including case notes, affidavits filed with the Court, and a transcript of Reasons for Ruling of the Honourable [Justice], dated July 8, 2015.
12The Board has reviewed the above material and finds that the issues complained about by the Applicant have been and are before the Court. The Board notes that the Application regarding the Applicant’s daughter has been adjourned to September 14, 2015.
13In these circumstances, the Board has no authority to deal with this application.
CONCLUSION
14The Board has no jurisdiction to hear this application.
CONFIDENTIALITY ORDER
15Pursuant to Rules 30.1 and 30.2 of the Board’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any Board documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The Board prohibits the use of any of this information for any purpose outside of the Board’s proceedings.
CELIA DENOV _____________________
Celia Denov
Board Member
Dated in Toronto, Ontario on the 7th day of August, 2015.