WARNING
THIS IS AN APPEAL UNDER THE
AND IS SUBJECT TO S. 45 OF THE ACT WHICH PROVIDES:
- (7)The court may make an order,
(a) excluding a particular media representative from all or part of a hearing;
(b) excluding all media representatives from all or a part of a hearing; or
(c) prohibiting the publication of a report of the hearing or a specified part of the hearing,
where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.
(8)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.
(9)The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.
CITATION: L.H. v. Catholic Children's Aid Society of Toronto, 2009 ONCA 629
DATE: 20090827
DOCKET: C50098
COURT OF APPEAL FOR ONTARIO
Goudge, Armstrong and Blair JJ.A.
In the Matter of the Child and Family Services Act, R.S.O., 1990, c. C11, as amended
And in the Matter of : J.N.H., born December 15, 1998, and F.M.H., born July 18, 2001.
BETWEEN:
L.H.
Appellant (Appellant in the Superior Court of Justice for Ontario) (Respondent in the Ontario Court of Justice)
and
Catholic Children’s Aid Society of Toronto
Respondent (Respondent in the Superior Court of Justice for Ontario) (Applicant in the Ontario Court of Justice)
and
M.H.
Respondent (Respondent in the Superior Court of Justice for Ontario) (Respondent in the Ontario Court of Justice)
L.H., in person (self-represented appellant)
Chris Andrikakis, for the respondent CAS
M.H., in person (self-represented respondent)
Carolyn Leach and Sara Wunch, for the respondents Office of the Children’s Lawyer
Heard: August 21, 2009
On appeal from the order of Justice Victor Paisley of the Superior Court of Justice dated January 14, 2009.
APPEAL BOOK ENDORSEMENT
[1] Having heard argument and the submissions of counsel for the respondents that the status review hearing now under way will result in a new trial in the Ontario Provincial Court at which Ms. H. will be able to call the evidence she seeks to put before us, in our view, it is in the best interests of the children that the status review hearing proceed by way of a new trial that it be expedited and that it be before a judge other than Justice Zuker. The status quo is to remain in the meantime. We would therefore allow the appeal to this limited extent and so order.