MT v. York Region Children's Aid Society, 2022 CFSRB 27

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MT Applicant

-and-

York Region Children’s Aid Society Respondent

DECISION

Adjudicator: Catherine Bickley Date: June 08, 2022 Citation: 2022 CFSRB 27 Indexed As: MT v York Region Children’s Aid Society (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 sections 120(4)4 and 120(4)5 of the Act.

3A videoconference hearing was held on May 10, 2022.

4In a decision dated May 18, 2022, the CFSRB dismissed all but one of the issues raised by the Applicant. The CFSRB directed the Respondent to provide the Applicant “with a written explanation from the Manager or CEO to help him understand its actions and decisions” regarding the remaining issue.

5The May 18, 2022 decision included the following confidentiality order:

Pursuant 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.

6The Applicant has asked the CFSRB to waive the confidentiality order so that he can provide the decision to the Office of the Children’s Lawyer which he says is “conducting an investigation for upcoming family court.” He also wants to share the decision with government officials who he is urging to conduct a review of the Respondent “to stop further false record construction by [the Respondent’s] staff in my children's case.” He has alleged that the Respondent’s staff created false records in order to assist the Applicant’s wife in the family court proceedings.

analysis

7CFSRB section 120 proceedings are distinct from child protection or family law court proceedings. The CFSRB’s jurisdiction in section 120 applications is limited to service issues. The CFSRB cannot review substantive issues that are before the court.

8The Applicant questions the legitimacy of records created by the Respondent. Those records are being used in family law proceedings between the Applicant and his ex-wife.

9The CFSRB decision makes no findings about the legitimacy of the Respondent’s records. This issue can best be dealt with by the court which is hearing the family law proceedings. The Applicant may ask the court for an order permitting the CFSFRB decision to be used in that proceeding. 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.

10As noted above, the May 18, 2022 CFSRB decision makes no finding about the legitimacy of the Respondent’s record. Thus, it is not an essential document on which the Applicant must rely in urging government review of the Respondent. The desire to use the decision for this purpose does not amount to exceptional circumstances.

11I find that the Applicant has not provided any persuasive reason to depart from the CFSRB’s usual practice of waiving confidentiality only in exceptional circumstances.

12For these reasons, the Applicant’s request is denied.

order

13The Applicant’s request that the CFSRB waive the confidentiality order in the May 18, 2022 decision is denied.

confidentiality order

14Pursuant 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.