GF v. Children’s Aid Society of Hamilton, 2022 CFSRB 52

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

GF

Applicant

-and-

Children’s Aid Society of Hamilton

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: October 27, 2022

Citation: 2022 CFSRB 52

Indexed As: GF v Children’s Aid Society of Hamilton (CYFSA s.120)

BACKGROUND

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2The CFSRB held a hearing by videoconference on September 20 and 22, 2022. In a decision dated October 21, 2022 (“the Decision”), the CFSRB found in favour of the Applicant on some issues and in favour of the Respondent on some issues.

3The Decision contained a confidentiality order consistent with Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure. The Applicant now asks the CFSRB to waive that confidentiality order so that she can file the Decision “as valuable evidence” in an Ontario Court of Justice proceeding scheduled for October 31, 2022. She describes that proceeding as a “Child Protection and Status Review” Application.

ANALYSIS

4In my view, the Applicant has not provided any persuasive reason to depart from the CFSRB’s usual practice of waiving confidentiality only in exceptional circumstances.

5The questions considered and decided by the CFSRB in the Decision were whether the Respondent had complied with its obligations under sections 120(4)4 and 120(4)5 of the Act to hear the Applicant’s concerns and provide her with meaningful reasons for decisions that affected her interests. In contrast, the Court proceeding will focus on the safety and best interests of the child.

6It is open to the Applicant to ask the Court for an order permitting the Decision to be used in the proceeding before it. The Court is more fully informed of the nature and details of that proceeding than is the CFSRB and thus better able to determine the appropriateness of such an order.

7For these reasons, I deny the Applicant’s request.

ORDER

8The Applicant’s request that the CFSRB waive the confidentiality order in the October 21, 2022 decision is denied.

CONFIDENTIALITY ORDER

9Pursuant 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.