KC v. The Children’s Aid Society of Haldimand & Norfolk, 2022 CFSRB 32

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

KC Applicants

-and-

The Children’s Aid Society of Haldimand & Norfolk Respondent

DECISION

Adjudicator: Daniel McSweeney Date: July 12, 2022 Citation: 2022 CFSRB 32 Indexed As: KC v The Children’s Aid Society of Haldimand & Norfolk (CYFSA s.120)

INTRODUCTION

1On July 11, 2022, the Applicant filed this Application 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

2In his Application, the Applicant alleged that the Respondent disclosed confidential information (the full name of the Applicant’s grandson) as part of a Court Order. The Order was then forwarded to the grandson’s biological father who is a registered sex offender. The Applicant indicated that the Respondent and the Court had agreed not to include the full name of his grandson in any orders.

3In response to the Applicant’s request for an explanation, the Respondent’s Counsel indicated that the Court had erred in including the Applicant’s grandson’s full name as there was no formal direction by the presiding Justice that the grandson’s name should be de-identified. The Applicant did not believe the explanation of the Respondent’s Counsel and wants Respondent staff held accountable for the error.

THE LAW

4Section 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.

5Subsection 120 (8) of the Act states that:

The Board shall not conduct a review of a complaint under this section if the subject of the complaint, a) is an issue that has been decided by the court or is before the court; or b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

ANALYSIS

6For 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. The Applicant’s complaint deals with the content of a Court Order and does not deal with services provided by the Respondent.

7In this case, the Applicant is concerned with the content of an Order issued by a Superior Court Justice. As noted above, the CFSRB is excluded from reviewing Applications whose subject matter has been or will be before the Court. In this case, the Applicant’s only concern relates to the contents of the Court Order. These contents were a direct product of the Court process and decision-making. Therefore, the CFSRB does not have jurisdiction to address the Applicant’s concerns with the contents of the Order. The Court is the most appropriate forum for the Applicant to share his concerns regarding the inclusion of his grandson’s full name in the Order.

8Finally, I note that issues related to the disclosure of private information no longer fall within the purview of the CFSRB. Privacy breaches are now the responsibility of the Office of the Information and Privacy Commission. The Applicant may wish to address any of his concerns with the disclosure to the IPC (www.ipc.on.ca).

9Given that the Applicant’s concerns do not relate to a service received from the Respondent; given that the concerns relate to the contents of an Order issued by the Court; and based on the provisions of s. 120(8)(a) above, I find that the Application is excluded from review by the CFSRB.

ORDER

10The Application is dismissed.

CONFIDENTIALITY ORDER

11Pursuant 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.