AB v. Sarnia-Lambton Children’s Aid Society, 2024 CFSRB 119

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AB Applicant

-and-

Sarnia-Lambton Children’s Aid Society Respondent

DECISION

Adjudicator: Caroline Sand Date: October 31, 2024 Citation: 2024 CFSRB 119 Indexed As: AB v Sarnia-Lambton Children’s Aid Society (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1 (the “Act”).

2The Applicant was recently advised by the Respondent that in the context of providing disclosure for litigation, it breached the Applicant’s privacy by disclosing her personal information to parties in a child protection proceeding before the court. This is a grave breach of the Applicant’s privacy. The Applicant is seeking relief to this complaint under all subsections of section 120(4) of the Act.

3This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

4Section 120(8)(a) of the Act sets out that the CFSRB shall not conduct a review of a complaint if the subject of the complaint is an issue that is before the court. It is clear on the materials filed with the Application the breach occurred as part of the Respondent’s disclosure obligations in a matter before the court.

5Moreover, the CFSRB does not have jurisdiction over issues related to the collection use and disclosure of personal information. Under Part X of the Act, the Information and Privacy Commissioner of Ontario has that jurisdiction.

ORDER

6The Application is dismissed.

confidentiality order

7Pursuant 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.