The mother of a youth with complex needs brought a motion to transfer child protection and secure treatment proceedings from Ottawa to Quebec City or, alternatively, to Milton, Ontario.
The Children's Aid Society of Ottawa, the youth, and the father opposed the transfer.
The court dismissed the motion, finding no statutory authority under the Child, Youth and Family Services Act, 2017 (CYFSA) to transfer proceedings to another province.
For an intra-provincial transfer to Milton, the court found no "preponderance of convenience," noting that such a transfer would not enhance parental participation, would cause significant delays, and would not be in the child's best interests.
The court also clarified that Part V transfer provisions of the CYFSA do not apply to Part VII secure treatment applications.
