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The court granted the Minister's motion for disclosure in a child protection proceeding to allow meaningful submissions regarding a deportation order.
The Minister of Public Safety and Emergency Preparedness brought a motion within ongoing child protection proceedings, seeking disclosure of case documents and the right to make submissions regarding a final supervision order.
This was prompted by an existing deportation order against the mother and one child, which is stayed if the Minister has an opportunity to make submissions under the Immigration and Refugee Protection Act.
The Catholic Children’s Aid Society of Toronto, the mother, and the Office of the Children’s Lawyer opposed the extent of the Minister's requested involvement, arguing for limited submissions and no disclosure.
The court found it had jurisdiction, either explicitly under the Family Law Rules or implicitly, to order disclosure to a non-party.
It ruled that the Minister was entitled to make informed and meaningful submissions on all relevant issues, including whether a genuine lis existed between the parties, and ordered the society to provide past and future relevant documents, with strict conditions on their use to protect privacy.
The court applied emergency pandemic regulations to suspend a statutory time limit, preserving the children's aid society's jurisdiction despite an administrative scheduling error.
The Catholic Children's Aid Society brought a motion under section 14B of the Child, Youth and Family Services Act to suspend the running of time on a six-month supervision order by three weeks.
The order had been made on March 11, 2020, placing two children with their mother and one child in the temporary care of the society.
A Status Review Application hearing was scheduled for September 29, 2020, which exceeded the six-month supervision period by three weeks.
The court granted the motion, finding that the Emergency Management and Civil Protection Act applied to child protection proceedings and that it was in the best interests of the children that the society not lose jurisdiction due to an apparent administrative error.
The Status Review Application was made effective as of September 29, 2020, and the matter was adjourned to December 2, 2020 for a case conference.
