Cheryl Buehler

The biological mother brought a motion to appoint the Office of the Children's Lawyer to represent her two biological children in her underlying application to set aside an adoption order.

The underlying application was based on the reliance on flawed Motherisk drug testing reports in the original Crown wardship proceedings.

The Children's Aid Society and the adoptive parents opposed the motion as premature.

The court granted the motion, finding that the children's rights to participate and be heard were paramount, and appointed the Children's Lawyer pursuant to section 89(3.1) of the Courts of Justice Act.

The maternal grandmother appealed an order granting the foster parent expanded rights of participation and disclosure in a focused hearing regarding the grandmother's access to the child, who had been made a Crown Ward.

The Superior Court of Justice dismissed the appeal, finding that the motions judge reasonably exercised her discretion and properly applied the relevant factors in determining that the foster parent's participation was in the child's best interests.

The Children's Aid Society apprehended the respondent mother's children and placed them in foster care.

While a child protection application was pending before the court, the mother filed a service-related complaint with the Child and Family Services Review Board regarding the Society's failure to place the children with willing family members and its refusal to provide reasons.

The Society challenged the Board's jurisdiction, arguing all matters should be heard by the court.

The Court of Appeal held that the Board correctly assumed jurisdiction, as the specific service-related complaints had not been decided by and were not before the court, interpreting section 68.1(8) of the Child and Family Services Act.