E.P. v. Children’s Aid Society of Niagara Region, 2009 HRTO 347

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

E.P.

Applicant

-and-

The Children’s Aid Society of Niagara Region

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 25, 2009

Citation: 2009 HRTO 347

Indexed as: E.P. v. Children’s Aid Society of Niagara Region

1This Interim Decision deals with the respondent’s Request for Order (Form 10) in which it asks for: (1) an order that the proceedings be closed to the public, (2) an order to seal the documents and records in this proceeding, and (3) an order to grant an extension of time to file the Response.

1The Application alleges that the applicant was discriminated against on the basis of disability, creed, family status and receipt of public assistance because her child was removed from her care by the respondent, and subsequently deprived of his right to practice his religion, provided with inappropriate food and clothing and given medications that were detrimental to his health. As part of her Application, the applicant provided the Tribunal with a copy of a 2008 decision of the Ontario Court of Justice in which the applicant’s son was made a Crown ward with access to the applicant. The specific remedy sought by the applicant is the return of the child to her care.

2The respondent takes the position that it cannot file its Response until an Order of Confidentiality is made because it is prohibited by virtue of the provisions of the Child and Family Service Act, R.S.O. 1990, c, C,11, as amended, from publicly disclosing information about the underlying facts that are vital to its response. Moreover, the respondents submit that “the determination of this matter will necessarily involve sensitive issues pertaining to the health of this child.”

3The applicant, although served with the respondent’s Request for Order, did not file response submissions.

4Any proceedings under Part III of the Child and Family Services Act, which include Crown wardship applications, are subject to s. 45(8) of that legislation, which states:

No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.

5Subsection s. 45(4) of the Child and Family Services Act makes child protection hearings and appeals closed to the public unless otherwise ordered by the court.

6In light of the provisions in s. 45 of the Child and Family Services Act, as well as the significant privacy interests at stake in this Application, the respondent’s requested orders set out in its Form 10 are entirely appropriate. To make these orders meaningful, it is also necessary to ensure the identity of the applicant and her child is not revealed in any decisions of this Tribunal.

7Accordingly, the Tribunal orders as follows:

a. The applicant’s name shall be substituted with her initials, E.P., in any communication by or with the Tribunal;

b. The style of cause is amended to reflect this change;

c. No identifying information about the applicant or her child shall be provided by the Tribunal to anyone other than the parties, their counsel or members of the Tribunal or its staff;

d. The proceedings in this matter shall be closed to the public;

e. All pleadings and documents in the Tribunal’s file shall be sealed and not form part of the public record; and

f. The Respondent shall be granted an extension to file its Response until two weeks from the date of this decision.

8I am not seized of this matter.