CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
DI
Applicant
-and-
Durham Children’s Aid Society
Respondent
DECISION
Adjudicator: John F. Spekkens
Indexed As: DI v Durham Children’s Aid Society (CYFSA s.120)
WRITTEN SUBMISSIONS
DI, Applicant
Self-represented
Durham Children’s Aid Society, Respondent
Lana Pryce, Counsel
introduction
1This is an Application under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
background
2On May 12, 2020, a teleconference pre-hearing was held. At that teleconference, the Applicant identified six questions, seeking answers from the Society as to its reasons for decisions it had made. These questions were listed in “Appendix A” to the Pre-Hearing Mediation Report dated May 12, 2020 and circulated to the parties. The Compliance date was set as June 10, 2020; the Non-Compliance date was set as June 17, 2020.
3The Society submitted a letter dated May 29, 2020 to the Applicant and to the CFSRB, as its response to the questions listed in the above-referenced Appendix A.
4The Applicant sent an email dated June 9, 2020 addressed to the Society Counsel who authored the Society’s May 29, 2020 letter and to the CFSRB.
5The Applicant’s email stated as follows:
Good Day,
I disagree with Durham CAS responses.
Please see my replies on each paragraph given by Durham CAS:
6The e-mail then proceeded to give the Applicant’s view on the Society’s response to each of the questions listed in Appendix A.
THE LAW
7The Act outlines the Society’s obligations and the mandate of the CFSRB. Section 120 reads as follows:
120(4) The following may be reviewed by the Board under this section:
- Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
120(7) After reviewing the complaint, the Board may,
(d) order the society to provide written reasons for a decision to a complainant;
(e) dismiss the complaint.
8The Act does not require or permit the CFSRB to make a determination as to the merits of a decision made by the Society in the given situation for which the Society is giving its reasons under this section of the Act.
9The Act does not provide for an applicant’s statement of disagreement or dissatisfaction with the reasons given by the Society to negate or invalidate that the Society did give written reasons as required by the Act.
THE CURRENT SITUATION
10At no point in the Applicant’s email does he allege that the Society did not give responses to the questions posed in Appendix A, as the Society is required to do to meet its obligations under the Act and its undertakings in Appendix A.
11The Applicant in the opening line of his e-mail expresses his disagreement with the Society’s responses.
12The Applicant does not make any allegation of non-compliance by the Society.
DECISION
13Given the absence of any allegation of non-compliance, and given that the Applicant is merely expressing his disagreement with the actions of the Society, I find that there is no allegation of non-compliance that requires any follow-up.
14The Application has been dealt with, and the CFSRB file on this application is now closed.
confidentiality order
15Pursuant 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.
Dated at Toronto, July 10, 2020.
John F. Spekkens
John F. Spekkens
Member