W A R N I N G
THIS IS AN APPEAL UNDER THE
CHILD AND FAMILY SERVICES ACT
AND IS SUBJECT TO S. 45 OF THE ACT WHICH PROVIDES:
- (7)The court may make an order,
(a) excluding a particular media representative from all or part of a hearing;
(b) excluding all media representatives from all or a part of a hearing; or
(c) prohibiting the publication of a report of the hearing or a specified part of the hearing,
where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.
(8)No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.
(9)The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.
S.J. v. Children's Aid Society of the Region of Peel, 2009 ONCA 908
CITATION: S.J. v. Children's Aid Society of the Region of Peel, 2009 ONCA 908
DATE: 20091221
DOCKET: C51020
COURT OF APPEAL FOR ONTARIO
MacFarland, Rouleau and Watt JJ.A.
BETWEEN:
S. J. and S. J.
Appellant (Respondent)
and
The Children’s Aid Society of the Region of Peel
Respondent (Applicant)
Patrick Di Monte, for the appellants
Sonia Khemani and , for the respondent CAS
Caterina Tempesta and Deborah Stewart, for the child
Heard: December 17, 2009
On appeal from the order of Justice D. G. Price of the Superior Court of Justice dated August 17, 2009.
APPEAL BOOK ENDORSEMENT
[1] The appeal judge gave thorough reasons, applied the proper test, and made no misapprehension of the evidence. It is apparent given the lengthy delay and the appellants’ continued inability to provide any alternative plan, it is in the best interests of H. that there be no further delay.
[2] As Dr. Joyce said of H.:
He needs a warm, caring consistent environment that provides him with a sense of safety and security and where he feels that others can be relied on to meet his needs.
Having a relationship with a care giver is crucial for H.
[3] A permanent home is in H.’s best interests. The appeal is dismissed.