Court File and Parties
COURT FILE NO.: 3779/17 DATE: 2017-04-12 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
THE CHILDREN’S AID SOCIETY OF ALGOMA Applicant (Respondent in Appeal) – and – P.M. Respondent (Appellant)
- and – P.W., E.N., T[…] FIRST NATION
Counsel: A. Marrato, for the Applicant (Respondent in Appeal) E. McCooeye, for the Respondent (Appellant) H.A. Mendes, for the Office of the Children’s Lawyer R. Parise, for the Nogdawindamin Family and Community Services Respondents (Respondents in Appeal)
HEARD: April 5, 2017
GAREAU j.
Ruling on Motion
[1] The Children’s Aid Society of Algoma seeks an order as set out in paragraph 1 to 6 inclusive of its notice of motion dated March 30, 2017.
[2] In particular, the relief sought in that motion is as follows:
- An Order transferring the conduct of the within appeal to Nogdawindamin Family and Community Services as Applicant (Respondent in appeal) and which proceeding shall continue as though commenced by Nogdawindamin Family and Community Services.
- An Order amending the Title of Proceedings so as to remove the Children’s Aid Society of Algoma as Applicant (Respondent in appeal) and substituting Nogdawindamin Family and Community Services as Applicant (Respondent in appeal).
- An Order that the Ontario Court of Justice, Crown Wardship Order, of Justice J.P. Condon dated January 18, 2017 to continue as it relates to the child P.A.S.L.W.M., born […], 2005, with the Children’s Aid Society of Algoma being replaced by Nogdawindamin Family and Community Services.
- An Order that the Ontario Court of Justice Crown Wardship Order of Justice J.P. Condon dated January 18, 2017 to continue as it relates to the child S.D.R.W., born […], 2002, with the Children’s Aid Society of Algoma being replaced by Nogdawindamin Family and Community Services.
- An Order transferring the care of the children, P.A.S.L.W.M. and S.D.R.W. from the Children’s Aid Society of Algoma to Nogdawindamin Family and Community Services.
- An Order removing Anthony Marrato as counsel of record and appointing Rejean Parisé as counsel of record for Nogdawindamin Family and Community Services.
[3] The Nogdawindamin Family and Community Services supports the granting of the relief sought. Counsel for the Office of the Children’s Lawyer took no position on the motion. The appellant, P.M., opposes the motion.
[4] The basis of the relief sought is that effective April 1, 2017 the Nogdawindamin Family and Community Services became a designated child protection agency providing service to the seven North Shore First Nations, including members of the T[…] First Nation. The children subject to the order under appeal are registered band members of the T[…] First Nation. As a result of this, the Children’s Aid Society of Algoma is asking that it be replaced by the Nogdawindamin Family and Community Services as the designated child protection agency having jurisdiction over the children who are the subject matter in this appeal.
[5] The appellant, P.M., opposes the request of the Children’s Aid Society of Algoma and does not want the matter transferred to the Nogdawindamin Family and Community Services. Through her counsel, she questions the authority for the order being sought.
[6] Produced during argument was a designation effective April 1, 2017 and dated March 29, 2017 executed by the Minister of Children and Youth Services. The document indicates that under the authority given to the Minister under section 15(2) of the Child and Family Services Act, R.S.O. 1990, C. 11, he designated Nogdawindamin Family and Community Services as a Children’s Aid Society for various geographical locations, including the T[…] First Nation and the T[…] Reserve. Numbered paragraph 3 specifically provides for members of the bands of the reserves specified in section one (including T[…] First Nation) who are off reserve in the District of Algoma with exceptions not applicable to the case at bar. On page 2 of the Designation section, there are conditions imposed on the Nogdawindamin Family and Community Services which on their face are designed to deal with any potential overlap in service between Nogdawindamin and Dilico Ojibway Child and Family Services, who prior to April 1, 2017 were providing child protection services as a designated child protection agency.
[7] I do not view the last full paragraph on page 2 of the Minister’s designation as creating confusion or to be read separately from the preceding paragraphs on that page. That paragraph is part of the transition paragraphs in which the Minister seeks to have “appropriate consultation and coordination” between the new service provider (Nogdawindamin) and the existing service provider (Dilico). It does not oust the jurisdiction of Nogdawindamin over the T[…] First Nation with respect to the T[…] First Nation reserve provided in paragraph 1 and 2 of the Minister’s designation. In any event, the children subject to this appeal were apprehended from their father, who is a registered band member of T[…] First Nation (as are the children) and a resident of the T[…] First Nation reserve.
[8] It is appropriate to make the order sought by the Children’s Aid Society of Algoma in its motion dated March 31, 2017 and an order shall issue as claimed in paragraphs 1 to 6 inclusive of the motion.
Gareau J. Released: April 12, 2017
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: THE CHILDREN’S AID SOCIETY OF ALGOMA
- and – P.M.
- and – P.W., E.N., T[…] FIRST NATION RULING ON MOTION Gareau J. Released: April 12, 2017