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.
Children's Aid Society of Toronto v. S.T., 2010 ONCA 9
DATE: 20100108
DOCKET: C50638
COURT OF APPEAL FOR ONTARIO
Simmons, Cronk and LaForme JJ.A.
BETWEEN:
Children’s Aid Society of Toronto
Applicant (Respondent in the Appeal)
and
S. T.
Respondent (Appellant in Appeal)
S. T., in person
Yvonne Fiamengo, for the Children’s Aid Society
Kathleen Barry, for the Public Guardian and Trustee
Caterina Tempesta, for the Office of the Children’s Lawyer
Heard and endorsed: January 7, 2010
On appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice dated March 17, 2009.
APPEAL BOOK ENDORSEMENT
[1] We see no basis for interfering with the motion judge’s order holding that the appellant is a special party within s. 2(1) of the Family Rules. The motion judge identified the proper legal test and there was evidence capable of supporting her findings. We see no error in her conclusion.
[2] The appeal is therefore dismissed.