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 45(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: January 23, 2018

Court File No.: 0211-18-000013-00

In the Matter of: An application by the Children's Aid Society of Brant under subsection 40(2) of the Child and Family Services Act, R.S.O. 1990, c. C-11, for a warrant to apprehend the children Z.R., Z.R., and Z.R.

Before: Justice of the Peace Dudar

Heard on: January 23, 2018

Reasons for Judgment released on: January 23, 2018

Reasons for Judgment

Dudar JP.:

[1] This is in respect of an ex parte application, brought by way of an Information for Warrant to Apprehend a Child, pursuant to s40(2) of the Child and Family Services Act, R.S.O.1990, c.C.11. The Order sought is for the apprehension of children ZR (approximately ten years of age), ZR (approximately six years of age), and ZR (approximately three years of age).

[2] The children all have the same biological mother and father. The Children's Aid Society of Brant o/a Brant Family and Children's Services (the "Society") has had involvement with both parents for over three and a half years. In the fall of 2017, there was a consent agreement adopted and Ordered by the Court regarding custody of the children, specifying joint custody. There was at the corresponding time, a Voluntary Service Agreement entered into between the parents and the Society. Both orders contemplate involvement of the children's paternal grandmother, including roles in transporting children as well as supervising interactions between dad and the children.

[3] Recent information indicates that dad has moved from his mother's home. Upon learning that interactions between dad and the children were occurring at the paternal grandfather's home, the Society became involved and, eventually, granted an amendment to their Service Agreement permitting such contact. Further information puts in doubt into whether the conditions which were undertaken have in fact been respected in the course of such interactions. S[…] Child and Family Services have been involved with the family, including providing parenting skills courses to dad. At various times, S[…] Police have been engaged in investigations involving concerns about assaultive behaviour, however, there is no specific information that that has arisen out of interactions with the children. However, the information before me (by way of the Affidavit in support of the Warrant to Apprehend) indicates that dad is involved with a bail supervisor.

[4] The concern at this time arises from information obtained from interviews with the children, suggesting ongoing inappropriate parenting (inability to discipline, allowing viewing of inappropriate television programming, violent outbursts in relation to pets), but also of most concern, allegations that could amount to possible assaultive behaviour toward one or more of the children. Dad does not acknowledge some of these concerns and outright denies others. He expresses frustration at potential mis-communications between Society workers and himself and what he believes to be inappropriate interference in the family.

[5] A S[…] Band representative takes the position that dad's access should be supervised, without being punitive.

[6] Under section 3) of the Information for Warrant to Apprehend Child (Form 33), the affiant writes:

The Society position is that it remains in the best interest of the children to remain in the care of their mother with access to the father supervised by the Society, or approved designate, as the Society believes this is the least intrusive method that will adequately protect the children.

[7] On its face, this creates a conundrum, as it suggests that there is a less restrictive course of action available than apprehension of the children, potentially negating any ability to make the Order sought. Reading the Information in its entirety, it is my understanding that this step (warrant to apprehend) is being taken, in effect, to disrupt the existing joint custody Order temporarily, to allow sole custody by mom until matters are otherwise resolved by the Courts. Although that has not been articulated clearly in the Information for Warrant, it appears that short of such an Order, the Society may not give effect to the intent set out above. There does not appear to be any other mechanism available to the Society to properly ensure the protection of these children in need, at least in the short term.

[8] In that narrow context, I am satisfied and am granting Warrant to Apprehend as sought.

Released: 23 January 2018

Signed: Justice of the Peace Dudar