GL v. Children’s Aid Society of Ottawa, 2020 CFSRB 101

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

GL Applicant

-and-

Children’s Aid Society of Ottawa Respondent

DECISION

Adjudicator: Catherine Bickley Date: November 24, 2020 Citation: 2020 CFSRB 101 Indexed As: GL v Children’s Aid Society of Ottawa (CYFSA s.120)

background

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2The CFSRB found the Application eligible to proceed to a hearing under section 120(4)4 of the Act. At a January 2020 pre-hearing, the parties reached a settlement.

3The Applicant subsequently alleged the Respondent had not complied with some terms of the settlement.

4The CFSRB reviewed the Applicant’s allegations of non-compliance and found the Respondent had met its obligations “to provide reasons and explanations for its decisions in accordance with the [settlement] Agreement and as required under the Act.”: GL v Children’s Aid Society of Ottawa, 2020 CFSRB 40.

5The CFSRB’s compliance decision contained a confidentiality order consistent with Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure. The Applicant now asks the CFSRB to waive that confidentiality order.

6The Applicant states that he wants to use the decision in family court proceedings,

as a respectful reference of open discussion concerning a productive continuance to finalize the CAS file. The decision provides valueable (sic) understandable insight into areas of the case process that directly impacted statements, documents, and reporting with respect to my families (sic) situation and outcomes concerning perspectives of that situation.

7The Applicant also refers to the Health Care Consent Act but does not explain the relevance of that legislation to his request to waive confidentiality.

analysis

8It is always open to individuals to refer to the published redacted decisions of the CFSRB. Un-redacted decisions, however, can only be used with an order of the CFSRB or the Court.

9In my view, the Applicant has not provided any persuasive reason to depart from the CFSRB’s usual practice of waiving confidentiality only in exceptional circumstances. It is unclear from the Applicant’s submissions how a decision finding the Respondent complied with the terms of a settlement agreement is relevant or necessary to the family law proceedings.

10It is open to the Applicant to ask the Court for an order permitting the decision to be used in the proceeding before it. The Court is more fully informed of the nature and details of that proceeding than is the CFSRB and thus better able to determine the appropriateness of such an order. For these reasons, I deny the Applicant’s request.

order

11The Applicant’s request that the CFSRB waive the confidentiality order in the April 23, 2020 compliance decision is denied.

confidentiality order

12Pursuant 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.