BJ M v. The Children’s Aid Society of Haldimand & Norfolk, 2021 ONCFSRB 22

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

BJ M

Applicant

-and-

The Children’s Aid Society of Haldimand & Norfolk

Respondent

DECISION

Adjudicator: John F. Spekkens

Date: March 31, 2021

Citation: 2021 CFSRB 22

Indexed As: BJ M v The Children’s Aid Society of Haldimand & Norfolk (CYFSA s.120)

WRITTEN SUBMISSIONS

BJ M, Applicant

Self-represented

The Children’s Aid Society of Haldimand & Norfolk, Respondent

Alexis Kinnear, Counsel

Introduction

1BJ M (the “Applicant”) and The Children’s Aid Society of Haldimand & Norfolk (the “Society”) entered into a Settlement Agreement) during a Settlement Facilitation teleconference held on January 22, 2021, providing for a full settlement of all issues raised by the Applicant in her application dated December 8, 2020 to the Child and Family Services Review Board (“CFRSB”).

2February 25, 2021 was set as the date for compliance with the Terms of the Settlement Agreement, and March 5, 2021 was set as the latest date to file an allegation of non-compliance.

3The Settlement Agreement contained 8 Terms which sought reasons/explanations from the Society. Term 9 re-iterated an issue from before the Settlement Facilitation teleconference of January 22, 2021. It pointed out that the Society had offered, in its letter dated December 22, 2020 to the Applicant, an opportunity to review any corrections that the Applicant felt needed to be made relating to the accuracy of the Society file records.

THE COMPLIANCE ISSUE

4Pursuant to Rule 8.1 CFSRB’s Rules of Procedure, the CFSRB may conduct hearings orally, in writing, or electronically by teleconference or video-conference. I have determined that because of the comprehensive nature of the written documentation submitted to the CFSRB by the parties, the issue of compliance can be decided by a review of that written documentation.

5On February 22, 2021 the Society sent the Applicant its response (the “Response”) to the issues raised in the Agreement.

6In an email dated February 26, 2021, the Applicant alleged non-compliance by the Society on Terms of the Settlement Agreement.

7The Applicant sent an e-mail with two attachments to the Society, prior to the receipt of the Society’s Response. These two attachments, totalling 42 pages, were a continuation of the attempts to reconcile the differences between the Applicant and the Society as to the accuracy of the record.

8Regarding Term 9, on December 22, 2020, the Society wrote a letter offering to meet with the Applicant. Subsequently, the Society also discussed the process for dealing with alleged inaccuracies and/or errors in the file. As per Part X of the Act, the jurisdiction for correction of errors in a file now lies with the Office of the Information Privacy Commissioner of Ontario.

9With regard to the other eight Terms of the Agreement, I find that the Society, in its 10-page Response to the Terms of the Settlement Agreement, did meet its obligations to provide reasons for its decisions, as required by the section 120(7)(d) of the Child, Youth and Family Services Act, 2017 (the “Act”). The Society’s reasons were timely, comprehensive, and clearly articulated, and covered the subject matter of each Term.

10The Applicant has written to the Society and to the CFSRB, stating her disagreement with the Society’s actions and reasons for its decisions. The Act requires the CFSRB to determine whether or not the Society has provided reasons, but does not mandate the CFSRB to review the stated decisions of the Society.

DECISION

11I find that the Society has given reasons for its decisions as required by the Act, and has fully responded to the Terms of the Settlement Agreement. Thus, the Society is in compliance with its obligations in the Act and in the Settlement Agreement.

12The allegation of non-compliance is dismissed, and the CFSRB file on this matter is now closed.

CONFIDENTIALITY ORDER

13Pursuant 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 Application, 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.