ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: FC-08-FL-1745
DATE: June 20, 2012

INFORMATION CONTAINED HEREIN IS PROHIBITED FROM PUBLICATION PURSUANT TO SECTION 45(8) OF THE CHILD AND FAMILY SERVICES ACT

IN THE MATTER OF THE CHILD AND FAMILY SERVICES ACT, R.S.O. 1990

AND IN THE MATTER OF D.S.-M., born […], 2006 and L.S.-M., born […], 2007

BETWEEN:

THE CHILDREN’S AID SOCIETY OF OTTAWA
Applicant

Cheryl Hess, for the Applicant

• and -

M.M. and E. S.-M.
Respondents

Dominique Smith, for the Respondent M.M.
Francis Aheto-Tsegah, for the Respondent E. S.-M.

HEARD: May 9, 10, 12, 16, 18, 19, 20, 24, 26, 27, July 25, 26, 27, 28, 29, August 29, 30, September 1 & 2, October 11, 12, 13, 14, December 12, 13, 14, 15, 19 and 20, 2011.

REASONS FOR JUDGMENT

James, J.

Introduction

[ 1 ] This is the disposition of an Amended Status Review Application dated July 16, 2010. The applicant, the Children’s Aid Society of Ottawa (“CAS”), is requesting that D.S.-M. and L.S.-M. be made wards of the Crown for the purpose of adoption without access by their biological parents. CAS is also seeking a restraining order in relation to Mr. M. pursuant to section 80(1) of the Child and Family Services Act ( CFSA ). This Court is required to determine whether either child continues to be in need of protection and if so, what disposition is in that child’s best interests. In determining the best interests of the children, it is necessary to consider the factors listed in section 37(3) of the CFSA .

[ 2 ] The parents first met in 2002. They married in February, 2003. Ms. S. had a child from a previous relationship, T.S.-K., who was about 7 years old at the time of the marriage. The CAS application is not directed towards T.S.-K. who will presumably continue to live with his mother.

[ 3 ] D.S.-M. was born on […], 2006. His younger brother, L.S.-M., was born about […] months later on […], 2007. The parents’ relationship was characterized by frequent arguments, separations and sporadic physical violence. The boys were first apprehended in June, 2008. They have been in care since that time, primarily but not exclusively residing in foster homes. They are now ages 6 and 4 respectively. Both boys have been identified as having special needs and have significant behavioural challenges for which they are receiving ongoing treatment.

[ 4 ] In 2009 the CAS attempted to re-integrate the boys into the care of their mother with extensive supports provided by both the maternal grandmother and the CAS. After several months the re-integration was terminated and the children were returned to foster care.

[ 5 ] The parents’ marriage broke down just at around the time that the re-integration process was to begin. Since that time, the father has consistently but unsuccessfully sought an opportunity to parent the boys on his own. He says that the CAS has stubbornly opposed all his efforts to demonstrate his parenting ability. He is angry, frustrated and bitter due to his dealings with the CAS.

[ 6 ] Both parents are opposed to the CAS application and they have submitted separate Plans of Care as single parents. Each parent has accused the other of serious parenting inadequacies.

[ 7 ] For the reasons that follow, I have determined that the application of the CAS ought to be granted.

The Parents

The Mother- E.S-M.

[ 8 ] E.S.-M. is the mother of D.S.-M. and L.S.-M. She now wishes to be known by her unmarried name and I will refer to her as Ms. S. She is 35 years old. Her parents and sister live in the Ottawa area. Her mother has assisted Ms. S. with homemaking and childcare responsibilities at various times. Her parents are part of her Plan of Care.

[ 9 ] Ms. S. is one credit short of holding a diploma from Algonquin College in Business Information Systems. She had her first child, T.S.-K., in 1995 as a single parent. He is now 17 years old. Ms. S. receives assistance from the Ontario Disability Support Program (O.D.S.P.) and has not been employed since 2002.

[ 10 ] Ms. S. suffers from several physical and mental health challenges. These challenges include chronic pain, endometriosis, migraine headaches, muscle spasms, A.D.H.D. and recurring bouts of depression. She takes a variety of medications for her ailments. She finds it difficult to follow routines and stay focused and organized. She gets bored easily and has trouble staying on task. She is often tired.

[ 11 ] Ms. S. has a history of violent outbursts of anger. She acknowledged having struck her husband during arguments; yelling when angry was common. She threw a computer monitor down a flight of stairs that inadvertently struck her husband in the leg. There is no evidence of violence towards the children. For several years prior to 2009 she consumed marijuana regularly for pain. She said she has not consumed illegal drugs since completing an intensive treatment program that year.

[ 12 ] She feels her situation has improved now that she is no longer residing with her husband and because T.S.-K. is older and easier to care for. She has received counselling for anger management, spousal abuse and taken parenting courses. She thinks she is now equipped with new skills and insights and is ready to meet the challenges of being a single parent. She is less angry and more positive. There is no doubt that she loves her children.

[ 13 ] Ms. S. is soft-spoken, co-operative and compliant but acknowledges having feelings of anger and being overwhelmed at times. Dr. David MacLean, a psychiatrist and director of the Family Court Clinic at the Royal Ottawa Hospital, prepared a comprehensive family assessment including a review of Ms. S.’s medical history. He also arranged for a series of psychological tests. He noted that she had attempted suicide on more than one occasion and that she has been previously treated for psychiatric issues. He said she demonstrated certain personality characteristics consistent with a diagnosis of borderline personality disorder including intense feelings of anger, intense and unstable interpersonal relationships and fears of abandonment.

[ 14 ] She tested in the “at risk” range on the Child Abuse Potential Inventory.

The Father- M.M.

[ 15 ] M.M. is 38 years old. He is the second of two boys. His brother D. is two years older. His parents separated when Mr. M. was young. After separation, he initially lived with his mother who was unable to control his behaviour. Thereafter he lived with his father including several years in China. He said his father holds a dual PhD. in Linguistics and Education and is fluent in seventeen languages. He is also a world-class chef. He is currently a director of education in Alaska.

[ 16 ] His brother D. is married and has four children. Mr. M. and D. are very close. Mr. M. describes his brother as a “math savant”. D. currently works as a night auditor in the hotel industry, which allows him to work as a freelance computer programmer developing software for a popular on-line game called World of Warcraft.

[ 17 ] Mr. M. completed grade 12 in 1997. Prior to marrying Ms. S., he supported himself for a period of time by growing marijuana on a commercial basis. After discontinuing commercial production, he continued to be a marijuana advocate and consumer. He also ran a computer business that grew to have revenue of over $20,000,000 per year with two dozen employees and several stores before going out of business.

[ 18 ] Like his brother, Mr. M. is fond of playing World of Warcraft. The extent of his gaming was a source of friction at times with his spouse, sometimes staying out all night and playing for more than twenty-four hours at a time. He said he is a very advanced player and very few other gamers have achieved his level of skill. He is a tactical thinker. He said he makes a battle plan every morning when he gets up. This way of thinking is reflected in his interpersonal dealings, which have a tendency to be confrontational and combative when people don’t agree with him.

[ 19 ] Mr. M. is extremely overweight. He said that in Grade 9 he weighed nearly 350 pounds. As a young man, he was involved in the sport of power lifting and took anabolic steroids for several years. His weight peaked at about 520 pounds in 2009. Since then his weight has decreased. In December, 2011 he was down to 350 pounds. He attributed his success to marijuana avoidance, stress reduction, exercise and diet. He said he is much more mobile now and acknowledges that his parenting ability was compromised when he was heavier. He also receives O.D.S.P. and hasn’t worked since 2003.

[ 20 ] In addition, Mr. M. has vision difficulties and is nearly blind in his left eye. He is unable to operate a motor vehicle. He uses an electric bike and public transit for transportation.

[ 21 ] Mr. M. said that he has difficulties dealing with women, particularly as a result of his wife’s abuse and perceived unfair treatment by several female CAS workers. In his view women are generally dishonest and sinister and he doesn’t trust them. He hopes that if he is allowed to keep the boys, he will have a male worker assigned to his case. He doesn’t think his mistrust of women will impede his ability to work with them in the future, particularly teachers as he has great respect for educators.

[ 22 ] Mr. M. described himself as an immensely powerful man. He testified that he can leg-press 1300 pounds. Several women reported that he hurt them while shaking hands. Mr. M. attributes this to not knowing his own strength. He noted that despite severe provocations he never struck his stepson, T.S.-K., but said if he did it would put him in a coma.

[ 23 ] Mr. M. is intelligent and presents as friendly and engaging. He shows his emotions readily. He can be warm and supportive but also has some less positive personality traits. In the Family Court Clinic assessment Dr. MacLean said that many of Mr. M.’s difficulties are related to personality traits that are not readily amenable to change. Dr. MacLean said that Mr. M. gives a first impression of being sociable and extroverted but is very sensitive and finds it difficult to accept criticism. He is not receptive to opinions that differ from his own and will not willingly surrender his own beliefs. He is quick to identify the problems of others but slow to recognize or take action on his own inadequacies. He shows limited insight into how he contributed to the dysfunction in his family. He scored in the normative range for non-abusive parents on the Child Abuse Potential Inventory.

[ 24 ] In Mr. M.’s view much of Dr. MacLean’s report, at least as it relates to him, is biased and a “load of crap”. He believes that Dr. MacLean tailored his evidence to suit the CAS case. To Mr. M. the only issue that affected his parenting ability was his weight and that is now under control. There are no other issues.

[ 25 ] Mr. M. was not critical of Dr. MacLean’s observations regarding Ms. S. or her son, T.S.-K. Mr. M. is adamant that Ms. S. is not capable of parenting either one or both boys and he put considerable effort into attempting to demonstrate why placing the boys with their mother would be inappropriate, even dangerous.

[ 26 ] He is tireless in his efforts to resume parenting his boys. It is the focus of his existence. He has endeavoured to meet all the requirements set for him in order to re-gain custody. His love for them is unquestioned. He equates love with good parenting. He does not recognize that parents can love their children and at the same time be unsuited for parenting.

(Document continues exactly as in the source.)

Mr. Justice M. James

Released: June 20, 2012

COURT FILE NO.: FC-08-FL-1745
DATE: June 20, 2012

ONTARIO SUPERIOR COURT OF JUSTICE

IN THE MATTER OF THE CHILD AND FAMILY SERVICES ACT, R.S.O. 1990

AND IN THE MATTER OF D.S.-M., born […], 2006 and L.S.-M., born […], 2007

B E T W E E N:

THE CHILDREN’S AID SOCIETY OF OTTAWA
Applicant

– and –

M.M. and E. S.-M.
Respondents

REASON FOR JUDGMENT

Mr. Justice M. James

Released: June 20, 2012