AC v. Highland Shores Children’s Aid Society, 2019 CFSRB 18

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AC Applicant

-and-

Highland Shores Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: April 11, 2019 Citation: 2019 CFSRB 18 Indexed As: AC v Highland Shores Children’s Aid Society (CYFSA s.120)

WRITTEN SUBMISSIONS

AC, Applicant Self-represented

Highland Shores Children’s Aid Society, Respondent B. Linda Fagbenro, Counsel

Introduction

1On October 25, 2018, the Applicant filed this Application under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

2The Child and Family Services Review Board (“CFSRB”) found that the Application was eligible to proceed under sections 120(4)4 and 120(4)5 of the Act.

3This decision explains why the Application is being dismissed and provides the Applicant with direction regarding any future communication with the CFSRB.

the law

4The relevant sections of the Act are:

s.15(2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving;

s.120(4) The following matters may be reviewed by the Board under this section:

4. Allegations that the society has failed to comply with section 15(2);

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

5Rule A7.1 of the Social Justice Tribunals Ontario Common Rules states as follows:

All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceeding.

6Rule 22.1 of the CFSRB’s Rules of Procedure provides that the CFSRB may make a decision “based on the application and the response”.

background

7During a February 28, 2019 pre-hearing held by teleconference the Applicant was asked whether she was recording the teleconference. She replied “That is none of your business” and hung up. After briefly returning to the teleconference she again hung up and did not return. As a result, the date and format of the hearing were not set.

8In a March 5, 2019 Pre-Hearing Report, the CFSRB directed the parties to make written submissions about whether the hearing of the Application should be held in person, by teleconference or in writing.

9When making its March 14, 2019 submissions, the Respondent asked the CFSRB for direction on whether to provide a copy of its submissions to the Applicant due to concerns about confidentiality. The Respondent provided evidence that the Applicant had posted online confidential child protection information, i.e. a portion of the Society’s Investigation Summary that the Applicant had received as part of the Society’s response to her Application. In a March 20, 2019 Case Management Direction (“CMD”) the CFSRB directed the Respondent to provide the Applicant with its submissions with appropriate redactions to protect third party confidentiality. The CMD also extended the deadline for the Applicant’s submissions to April 5, 2019.

10The Applicant sent the following email to Respondent Counsel after receiving the Respondent’s submissions:

Fuck off give a baby to another loser Italian fan that child has to go threw hell toco pens ate for they’re misappropriation

11Between March 20, 2019 and April 5, 2019, the Applicant also sent the CFSRB more than 100 emails. Some were threatening. Others attached inappropriate videos, photographs or excerpts from the Applicant’s medical records. The majority of the emails were simply incoherent, as illustrated by the following examples:

You get help take your old Betty’s with you they’re not getting any younger dumg to boot and not that attractive yeah

Are you sure where not well we are 20-30 years younger oh no cancer like her you blind maybe your not well too poor dear like mrs famous Na soon to be infamous Carey

12None of the emails addressed the issue of the appropriate format of the hearing.

13Between the April 5, 2019 deadline for her submissions and the date of this decision, the Applicant has continued to send numerous inappropriate emails to the CFSRB.

14The Respondent submits that the Application should be dismissed due to the Applicant’s lack of cooperation in the CFSRB’s process and breach of confidentiality. It points to her apparent recording of the February 28th pre-hearing, her leaving that call before a date for the hearing could be set, her posting of confidential documents online and her inappropriate email correspondence.

analysis

15While the Application is somewhat unclear, the essence of the Applicant’s concerns is that the Respondent has supported the placement of her child with the child’s father.

16On November 9, 2018, the Respondent provided a detailed Response which included an explanation of the factors that led the Respondent to support the placement of the Applicant’s child with the child’s father. The Response also attached multiple Contact Logs which record the Respondent’s attempts to hear and understand the Applicant’s concerns and to explain the rationale for its decisions to her.

17I conclude that the Respondent has met its obligations to hear the Applicant and to provide her with meaningful reasons for decisions that affect her interests.

Future Communication with the CFSRB

18Since the March 20, 2019 CMD, the Applicant has sent over 100 inappropriate emails to the CFSRB. She has also sent inappropriate email correspondence to the Respondent. This conduct is inconsistent with the Applicant’s obligations under Rule A7.1.

19If the Applicant has any further communication with the CFSRB, she is directed to communicate only by fax or regular mail. The CFSRB’s fax number is (416) 327-0558. The CFSRB’s mailing address is 655 Bay Street, 14th Floor, Toronto, Ontario M7A 2A3. The CFSRB will not accept any emails received from the Applicant.

order

20The Application is dismissed.

confidentiality order

21Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone, including through the media or online. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.