COURT FILE NO.: 541/14

DATE: 2015/01/12

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Valoris for Children and Adults of Prescott-Russell

AND

J.R. and C.L.

BEFORE: The Honourable Justice M.Z. Charbonneau

COUNSEL: Me Sophie Côté-Langlois for Valoris

S.R., self-represented

HEARD: December 23, 2014

ENDORSEMENT

[1] S.R. brings a motion to be added as a party in these proceedings. She is the grandmother of J.D.N.L. (J.D.N.L.) born […], 2014. The applicant apprehended J.D.N.L. from his mother’s care at the Hawkesbury Hospital shortly after his birth. The mother J.R. is Mrs. S.R.’s daughter.

[2] The applicant received information from an officer of the Batshaw Youth and Family Centres (Batshaw) indicating that they had been involved with the mother and her 4 other children who had been removed from the mother’s care by Batshaw. The mother was described as having a serious drug addiction problem, was facing criminal charges for abuse to her children and was evading arrest by the police. Batshaw indicated that the mother was pregnant and in the Hawkesbury area. They feared for the safety of the child which was due shortly. As a result, this application was brought seeking that J.D.N.L. be made a ward of the Crown and immediately be placed for adoption.

[3] The mother was subsequently arrested in the Montreal area and is presently in jail. She has not been taking any steps to defend these proceedings. She was noted in default on October 31, 2014.

[4] Mrs. S.R. delivered her motion on September 18, 2014. She submits that she is capable and has the means to care for J.D.N.L.. She proposes that the mother could eventually have access to the child when “the time is right”. She asks to be allowed to file a plan of care.

[5] The evidence establishing that the mother is an unfit mother is substantial. It is not refuted in any way. She left the Hawkesbury hospital wearing her hospital gown. She has admitted using heroin. The father is also a heroin user. When apprehended, her 4 other children showed signs of having been physically and sexually abused.

[6] The grandmother also had difficulties with the care of her own children when they were young. Her children were removed from her care when they were teenagers. The evidence is also very clear that the grandmother refuses to see the difficulties with the mother’s care of her children. She has very little insight into the overall situation.

[7] I adopt the summary of the principles which should guide a court in exercising its discretion to add parties in a child protection application set out by Justice Grant A. Campbell in Children’s Aid Society of London and Middlesex v. S.H., S.W. and D.R. 2002 CanLII 46218 (ON SC), [2002] OJ No 4491 at para. 22:

i) whether the addition of the party is in the best interests of the child,

ii) whether the addition of the party will delay or prolong proceedings unduly,

iii) whether the addition of the party is necessary to determine the issues, and

iv) whether the additional party is capable of putting forward a plan that is in the best interests of the child.

[8] Although the grandmother may be motivated by good intentions, I have come to the conclusion that it is not in the best interests of J.D.N.L. that she be added as a party. His best interests are clearly that a good home by way of adoption be found for him as soon as possible. Nor am satisfied, given the overall evidence, that the grandmother is capable of putting forward a plan that is in the best interests of the child. To add her as a party would more probably than not simply delay what is clearly the best solution for J.D.N.L., namely a removal from the influence and negative impact of his parents and finding a good family to adopt him.

[9] The motion is therefore dismissed.

Charbonneau, Judge

Date: January 12, 2015

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Valoris for Children and Adults of Prescott-Russell, Applicant

AND

J.R. and C.L. Respondents

BEFORE: The Honourable Justice M.Z.

Charbonneau

COUNSEL: Me Sophie Côté-Langlois , Counsel for the Applicant

S.R., self-represented

ENDORSEMENT

Charbonneau, Judge

Released: January 12, 2015