MM v. York Region Children’s Aid Society, 2020 CFSRB 60

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MM Applicant

-and-

York Region Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: June 25, 2020 Citation: 2020 CFSRB 60 Indexed As: MM v York Region Children’s Aid Society (CYFSA s.120)

INTRODUCTION

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

BACKGROUND

2The Applicant is a transitional support counsellor who is providing support to a client of the Respondent.

3In January 2020, the Applicant she had a conversation with a member of the Respondent’s staff. She describes the worker as “speaking to me in a very unprofessional manner including: telling me that I don’t know how court works, using sarcasm …[and] speaking disrespectfully to my client”. She also has concerns about how the worker interacted with the client.

4The Applicant complained to the worker’s supervisor but was not satisfied with the supervisor’s offer of a meeting between the Applicant, the worker and the worker’s supervisor. She states she was not properly informed about options for pursuing her complaint.

THE LAW

5Section 120 of the Act provides that, if a person has “a complaint in respect of a service sought or received from a society [and the complaint] relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the CFSRB.

6Service is defined in section 2(1) as follows:

(a) a service for a child with a developmental or physical disability or the child’s family,

(b) a mental health service for a child or the child’s family,

(c) a service related to residential care for a child,

(d) a service for a child who is or may be in need of protection or the child’s family,

(e) a service related to adoption for a child, the child’s family or others,

(f) counselling for a child or the child’s family,

(g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

(h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

(i) a prescribed service;

7The right to be heard, as set out in sections 120(4)4 and 15(2) applies to “children and young persons and their parents”.

ANALYSIS

8For a complaint to be eligible for review under section 120 of the Act, an applicant must be seeking or receiving services or have received services from a society and the complaint must relate to those services.

9The Applicant’s complaint is not about services that she herself has sought or received. Rather, it is about a negative interaction with a member of the Respondent’s staff while she was advocating on behalf of another individual. This does not fall within any of the definitions of service set out in section 2(1) of the Act.

10As a transitional support counsellor, the Applicant also does not fall within section 15(2) which applies only to children, young persons and parents.

11For these reasons, this Application is ineligible for review by the CFSRB.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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 on-line. 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.