The court ruled that a child who is an access holder under Part V of the Child, Youth and Family Services Act, 2017, is not limited to seeking an openness order only with persons explicitly named in an existing access order.
Instead, such a child may seek openness with any person with whom they have a beneficial and meaningful relationship, provided it is in the child's best interests.
This interpretation aligns with the plain language and purposeful approach of the CYFSA, as well as Canada's obligations under the United Nations Convention on the Rights of the Child.
The Office of the Children's Lawyer's argument on jurisdiction for inter-sibling openness was affirmed.