Court File and Parties

Ontario Court of Justice

Date: September 28, 2017

Court File No.: CFO 17-15905

Between:

Catholic Children's Aid Society of Toronto Applicant

— AND —

M.H. Respondent

Before: Justice B. Weagant

Endorsement

Counsel:

• Ms. Shamshad Bee for the Society
• Mr. Avrum M. Flisfeder, duty counsel for the Mother

[1] This is the first appearance in this matter. The Society is seeking to place the child who is the subject of these proceedings in the care of maternal aunt.

[2] The mother in this case has been charged with assault on her six year old child. Her release on the charge is by way of Recognizance which prohibits contact with the child except "… under the supervision of CCAS."

[3] Understandably, the Society is reluctant to ask for certain orders from this Court because of the gross ambiguity in this term of release. "Supervision" within the meaning of the Child and Family Services Act embraces a spectrum of possible levels of supervision, from 'policing' right through to placement with a parent subject to conditions that provide a framework for oversight by the Society.

[4] It is not clear whether the learned Justice of the Peace, when setting this particular term, was adverting to the fact that in the legislation that enables the Society to do its job, 'supervision' is a complex legal notion.

[5] Meanwhile, I am informed that this six year old and his mother enjoy a very loving relationship. The Society would like to preserve this relationship and to do so needs the complete menu of possible ways they can 'supervise'.

[6] I have no control over the form of release. Mother will have to return to the forum which is disposing of that litigation. I suggest that the Society support mother in an application to have the bail varied. I strongly suggest that contact between this six year old and his mother be subject to a valid family court order made under the Child and Family Services Act.

Justice Brian Weagant

Released: September 28, 2017