A children's aid society brought a motion under section 74 of the Child and Family Services Act seeking an order to compel a hospital to produce clinical records and reports regarding a 16-year-old child in protection proceedings.
The child had disclosed allegations of sexual abuse facilitated by her mother and was placed in society care.
The society sought the records to facilitate treatment planning.
The child opposed the motion, indicating she would consent to direct release to her treatment providers.
The court dismissed the motion, finding that the society had not met the low threshold of establishing relevance, particularly where the records were sought for treatment facilitation rather than investigation of protection concerns, and where the child's privacy interests and therapeutic needs could be adequately addressed through alternative means.
