OMH v. Children’s Aid Society of Algoma, 2024 ONCFSRB 78

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

OMH
Applicant

-and-

Children’s Aid Society of Algoma
Respondent

DECISION

Adjudicator: Catherine Bickley
Date: July 9, 2024
Citation: 2024 CFSRB 78
Indexed As: OMH v Children’s Aid Society of Algoma (CYFSA s.120)

INTRODUCTION

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

2This decision explains why the CFSRB is dismissing the Application.

BACKGROUND

3The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act.

4A June 5, 2024 Pre-Hearing Report (“the PHR”) records that at a May 27, 2024 Pre-Hearing, the Applicant gave notice that he would not comply with the CFSRB’s rules regarding confidentiality. Instead, he stated that he was going to tell “everyone” about the proceeding and any discussions during the proceeding. He also refused to identify the specific allegations underlying the Application.

5In a June 5, 2024 Case Management Direction (“the CMD”), the CFSRB noted:

• The CFSRB’s confidentiality rule is in place primarily to protect the identity of children who are involved in or referred to during CFSRB proceedings.
• The Application cannot proceed with one party stating they will not respect the confidentiality rules.

6The CMD then provided the following direction:

• The CFSRB will take no further steps regarding the Application unless the Applicant provides a written commitment to follow the CFSRB’s rules, including Rule 9, which requires that he keep confidential documents and information from this proceeding.

7Finally, the CMD warned that if the CFSRB did not receive the required commitment from the Applicant by June 14, 2024, the Application might be dismissed.

8As an accommodation for needs previously identified by the Applicant, the CFSRB’s Team Lead contacted the Applicant by telephone on June 5, 2024 and read both the PHR and the CMD to him. While the Team Lead was reading the documents, the Applicant swore and interrupted several times. The Team Lead’s notes record the Applicant stating:

• He will talk and won’t be silenced.
• He will be going to the news.
• He is recording the conversation.

9The Applicant has not communicated with the CFSRB since June 5, 2024.

ANALYSIS

10Rule A8 of the CFSRB’s Rules of Procedure gives the CFSRB the authority to make such orders “in proceedings before it as it considers proper to prevent abuse of its processes.” Having reviewed the history of the Applicant’s actions during this proceeding, I conclude that it would be an abuse of process for the Application to proceed.

11Rule 9 of the CFSRB’s Rules of Procedure is clear that participants in CFSRB proceedings must keep confidential material and information obtained during those proceedings unless they obtain an order of the court or the CFSRB. The Applicant has been equally clear that he will not respect that rule.

12As noted in the CMD, the CFSRB’s confidentiality rule is in place primarily to protect the identity of children who are involved in or referred to during CFSRB proceedings. In this case, both the Application and the Response refer in some detail to personal information about the Applicant’s child.

13The CMD warned the Applicant that if he did not provide a commitment to follow the CFSRB’s rules by June 14, 2024, the Application may be dismissed. The Applicant did not communicate with the CFSRB by June 14, 2024 or at any time to date.

14The only response to the CMD from the Applicant is his comments during the June 5, 2024 phone call during which he clearly stated he would not respect the CFSRB’s confidentiality rule.

15Given the Applicant’s stated intent to breach confidentiality and his continued refusal to commit to following the CFSRB’s rules, it would be an abuse of process for this proceeding to continue. Accordingly, the Application must be dismissed.

ORDER

16The Application is dismissed.

CONFIDENTIALITY ORDER

17Pursuant 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 on-line. 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.