CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
AM
Applicant
-and-
Halton Children’s Aid Society
Respondent
INTERIM DECISION
Adjudicator: Brenda Bowlby
Indexed As: AM v Halton Children’s Aid Society (CYFSA s.120)
WRITTEN SUBMISSIONS
AM, Applicant
AM, Self-represented
Halton Children’s Aid Society, Respondent
Diane Skrow, Counsel
Introduction
1This Interim Decision deals with a motion made by the Applicant in an Application filed under section 120 (4) 4 and 5 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
2By motion filed on December 23, 2019, the Applicant requests that the respondent be directed to disclose certain documents. He also requests that the hearing date of January 29, 2020 be adjourned.
background
3In his Application, the Applicant made allegations against the Respondent based on paragraphs 3, 4 and 5 of section 120(4). These paragraphs read as follows:
(4) The following matters may be reviewed by the Board under this section:
Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.
Allegations that the society has failed to comply with subsection 15 (2).
Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
4The CFSRB’s normal process, upon receipt of an Application, is to review the Application to determine the allegations that are eligible to proceed to a hearing. This process was followed in this case. By letter dated October 23, 2019, the CFSRB advised the Applicant that the following allegations were eligible to proceed:
The Applicant was not given the opportunity to be heard and represented when decisions affecting his/her interests were made, or a chance to be heard when he/she raised concerns about the services he/she is receiving (section 120(4)4 CYFSA, 2017).
The Society is alleged to have failed to provide the Applicant with reasons for a decision that affects his/her interests (section 120(4)5 CYFSA, 2017)
5The Applicant’s allegations relating to s. 120(4)3 CYFSA, 2017, were found not to be eligible to proceed.
6The CFSRB’s Rules of Procedure provide as follows regarding Disclosure:
6.1 Unless otherwise decided at a pre-hearing, any evidence a party wishes to submit during the hearing must be disclosed to the parties and the CFSRB no later than 10 days prior to the hearing. A party that does not provide evidence as required by the Rules may not use the evidence at the hearing unless allowed by the CFSRB.
6.2 Where it considers appropriate at any stage of a proceeding, the CFSRB may order a party to disclose documents, witness statements, reports of expert witnesses, or to provide further particulars and may issue directions respecting the use of personal information contained in the documents disclosed.
7In the Pre-Hearing Report issued by the CFSRB on December 9, 2019, the parties were given the following direction:
On or before December 20, 2019, the parties are directed to disclose all arguably relevant material to each other and confirm in writing to the CFSRB that they have done so….
8The Applicant submits that the Respondent failed to provide disclosure of the following documents which he says are arguably relevant to his allegations under s. 120(4)3 that the Respondent’s ICRP failed to follow proper procedures:
All text messages, emails, memos or other communications involving caseworker Ariella Babiev, executive director Janice Robinson, IRCP members, Jason Barr and Hazel Lambert, or any other Society employee, relating to:
a. the Applicant’s ICRP complaint;
b. the case worker’s “response to the complaint, including draft documents, comments or edits; and
c. the Applicant’s CFSRB Application.
9The Applicant states that if further disclosure is ordered, he will require time to review the documents and will be unable to proceed with the hearing on January 29, 2020.
analysis
10Only those documents that are arguably relevant to the allegations which the CFSRB has found to be eligible to proceed to a hearing are subject to the direction for disclosure given in the Pre-Hearing report.
11The documents requested by the Applicant relate to the Applicant’s allegations under s.120(4)3 of the CYFSA, 2017 which were found not to be eligible to proceed to hearing. These documents therefore fall outside the CFSRB’s direction for disclosure.
12The request for disclosure of documents therefore is denied.
13Consequently, there is no need to deal with the request for adjournment of the hearing date.
ORDER
14The motion is dismissed.
confidentiality order
15Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Choose an item. with anyone, including through the media or online. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.
Dated at Toronto, January 03, 2020.
Brenda Bowlby
Brenda Bowlby
Member```