CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
N.C.
Applicant
- and -
Peel Children’s Aid Society
Respondent
REASONS ON JURISDICTION
Date: July 21, 2017
File Number: CA17-0149
Citation: 2017 CFSRB 20
Indexed as: N.C. v. Peel Children’s Aid Society(CFSA s.68)
INTRODUCTION
1This is an application under paragraphs 4 and5 of s.68.1(4) of the Child and Family Services Act, R.S.O. 1990 c. C.11 (“Act”). The Applicant filed a one page attachment to her application in which she set out the issues of concern to her. The document focuses on the reasons for the Respondent Society’s most recent involvement with her family and the reasons for her “case (being) open”.
2The Society filed its response in which it submitted that the Board lacks jurisdiction to proceed to a hearing in this matter because the focus of the Society’s involvement with the Applicant since September 2016 has been its application to the court. In that application, the Society has sought a protection finding and temporary supervision order. As a result, the Society argued that the matters in this application are squarely before the courts.
3At the pre-hearing teleconference, the Board sought submissions from the parties regarding the issue of the Board’s jurisdiction to proceed to hear this application.
4For the reasons that follow, this application is dismissed.
THE LAW
5The relevant section of the Act is as follows:
68.1(8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint,
(a) is an issue that has been decided by the court or is before the court; or (b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
ANALYSIS Jurisdiction
6Section 68.1(8)(a) provides that the Board will not deal with issues that are before the court or have been decided by the court. In t he nar r at i v e por t i on of her application, the Applicant is clear that her over-riding concern is why the Society is involved with her family and she wants to know the reason her case is still open. In its response, the Society argues that is the very issue before the court.
7The Society became aware of an incident involving the Applicant and her son. This incident triggered the child protection application now before the Court. The Society has provided the Board with a copy of its pleadings along with supporting affidavits. The Applicant's Answer/Plan of Care, prepared with the assistance of counsel and filed with the Court, was also produced.
8It is clear from a review of the application and the pleadings in the child protection matter why the Society is seeking a protection finding and an order of supervision and why the Applicant’s file with the Society is open. It is also apparent from the Applicant's Answer/Plan of Care that she is aware of the Society’s concerns and is participating fully in the court process. The Applicant was initially represented by counsel in that proceeding and is now in the process of retaining alternate counsel.
11The Society indicates there is nothing in the present application that falls outside the matters that are the subject of the court proceedings and, consequently, seeks dismissal of this application. The Applicant agrees that the matters under review are before the court and does not disagree with the Society’s submissions in this regard.
12Accordingly, given the parties' joint position that these matters are squarely before the courts, the application is dismissed, pursuant to s.68.1(8)(a), as not within the jurisdiction of the Board.
CONFIDENTIALITY ORDER
13Pursuant to Rules 30.1 and 30.2 of the Board’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any Board documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The Board prohibits the use of any of this information for any purpose outside of the Board’s proceedings, except with an order of the Court or the Board, as appropriate.
Jay Sengupta
Jay Sengupta
Vice-chair
Dated at Toronto, Ontario on this 21st day of July, 2017.