WARNING
The court hearing this matter directs that the following notice be attached to the file:
This is a case under Part III of the Child and Family Services Act and is subject to one or more of subsections 48(7), 45(8) and 45(9) of the Act. These subsections and subsection 85(3) of the Child and Family Services Act, which deals with the consequences of failure to comply, read as follows:
45.— (7) Order excluding media representatives or prohibiting publication.
The court may make an order,
(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 . . . publication of the report, . . ., 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) Prohibition: identifying child.
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) Idem: order re adult.
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.
85.— (3) Idem.
A person who contravenes subsection 45(8) or 76(11) (publication of identifying information) or an order prohibiting publication made under clause 45(7)(c) or subsection 45(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.
Court Information
Ontario Court of Justice
Date: October 28, 2016
Court File No.: Orangeville 44-2008
Parties
Between:
The Children's Aid Society of the County of Dufferin
Applicant
— AND —
R.B., G.H., A.T.K., and M.K.
Respondents
AND BETWEEN:
The Children's Aid Society of the County of Dufferin
Applicant
— AND —
R.B., M.D., P.L., and Q.M. First Nation Band
Respondents
Before the Court
Before: Justice Philip J. Clay
Heard on: September 22, 2016
Addendum to Reasons for Judgment released on: October 20, 2016
Counsel
- Ms. K. O'Grady — counsel for the applicant
- Ms. K. Morris — counsel for the respondent Maternal Grandparents (present)
- Ms. S. Singh — counsel for the respondent mother (present)
- Mr. T. Moore — counsel for the child C.
Reasons for Addendum
CLAY J.:
[1] It has been brought to my attention by counsel Ms. K. Morris that the order section of my reasons for judgment released on October 20, 2016 did not include certain relief that I stated I would include as an incident of custody at the hearing of this matter.
[2] I referred to the claim at paragraph 64 of my reasons when I wrote:
- Finally the MGP asked that as a term of the custody order that they have the authority to renew C.'s passport and travel out of the country without notice to or consent of the mother.
[3] Later on, at paragraph 88, I stated:
- Ms. Morris states that C. is thriving in her client's care. The evidence supports a finding that he should be placed in the custody of his MGP. The mother is no longer opposed to this order. The MGP sought an order as an incident of custody that they be able to renew C.'s passport and travel with him without notice to or the consent of the mother.
[4] It was my intention when I completed my reasons to include that relief sought in the order section so that when the draft order is prepared it can be included.
Addendum to Order
- The order to be dated October 20, 2016 regarding C. shall also include the following clause:
(5) The Maternal Grandparents, A.T.K. and M.K., shall have the authority to renew C.'s passport and to travel with him, or authorize his travel, out of Canada, without notice to, or consent of, the Mother, R.B.
Released: October 28, 2016
Justice P.J. Clay