L.R. v. Children’s Aid Society of Toronto, 2021 ONCA 84
Warning
This is a case under the Child, Youth and Family Services Act, 2017 and subject to subsections 87(8) and 87(9) of this legislation. These subsections and subsection 142(3) of the Child, Youth and Services Act, 2017, which deals with the consequences of failure to comply, read as follows:
87 (8) Prohibition re identifying child — 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) Prohibition re identifying person charged — 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.
142 (3) Offences re publication — A person who contravenes subsection 87(8) or 134(11) (publication of identifying information) or an order prohibiting publication made under clause 87(7)(c) or subsection 87(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.
Court Information
COURT OF APPEAL FOR ONTARIO
DATE: 20210208
DOCKET: M52038 (C68584)
Judges: Rouleau, Benotto and Thorburn JJ.A.
Parties
BETWEEN
L.R. Respondent Mother (Appellant/Responding Party)
and
Children’s Aid Society of Toronto Applicant (Respondent /Moving Party)
and
T.H. Respondent Father (Respondent/Responding Party)
and
Office of The Children’s Lawyer Respondent (Respondent/Responding party)
Counsel
Chithika Withanage and Marcia Duncan, for the moving party the Children’s Aid Society of Toronto Jane Long and Gary Gottlieb, for the responding party the Office of the Children’s lawyer L.R., acting in person T.H., acting in person
Heard and released orally: February 4, 2021 by video conference
Reasons for Decision
[1] The Children’s Aid Society (the Society) brings this motion to quash the second appeal in a child protection matter. The child is 12 years old and has been the subject of the proceedings for several years. The Office of the Children’s Lawyer represents the child and supports the motion.
[2] In 2019 the child was found in need of protection. There was no appeal from the protection order. The following year, the parties participated in an 11-day trial before Zisman J. The evidence was extensive. In a detailed 47-page decision, the trial judge assessed the evidence and made clear findings of fact. She concluded that the child should be placed in the temporary care of the Society for four months and then placed in the care of the father for six months under supervision. She also ordered that the mother not audio or video record the child, the father, any Society worker or third-party professional working with the family without prior consent.
[3] The mother appealed the order of Zisman J. to the Superior Court. For extensive and detailed reasons, Horkins J. dismissed the appeal. The mother now appeals the dismissal of the appeal to this court. The father takes no position on this appeal or on the motion to quash the appeal.
[4] The mother’s appeal is from the temporary order. Two events have taken place since the dismissal of the appeal: the temporary supervision order has expired; and a status review application was commenced on October 15, 2020 before the Ontario Court of Justice. The first appearance took place on November 12, 2020. In the result, the order of Zisman J. is now a nullity. The appeal is therefore moot.
[5] We see no reason to exercise our discretion to hear the appeal. An appeal will not advance the interests of the child and the ongoing factual issues belong in the Ontario Court of Justice. The child’s future must be determined without delay and the status review should proceed expeditiously.
[6] The appeal is therefore quashed.
"Paul Rouleau J.A."
"M.L. Benotto J.A."
"J.A. Thorburn J.A."