WARNING
This is a case under the Child, Youth and Family Services Act, 2017 and subject to subsections 87(8) and 87(9) of this legislation. These subsections and subsection 142(3) of the Child, Youth and Services Act, 2017, which deals with the consequences of failure to comply, read as follows:
87(8) Prohibition re 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) Prohibition re identifying person charged — 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.
142(3) Offences re publication — A person who contravenes subsection 87(8) or 134(11) (publication of identifying information) or an order prohibiting publication made under clause 87(7)(c) or subsection 87(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 File and Parties
COURT FILE NO.: FC-20-20-0000 DATE: 20220815
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Dnaagdawenmag Binnoojiiyag Child & Family Services Applicant
- and -
L.S.K. Respondent mother
- and -
B.C.F. Respondent father
Counsel: Clem Nabigon, for the Applicant Christina Roncossek, for the Respondent mother Charles Morison, for the Respondent father Ken Dutka, for the Office of the Children’s Lawyer, for the child, O.G.F.
HEARD IN WRITING
RELEASED: August 15, 2022
JUSTICE ALEX FINLAYSON
Supplementary Endorsement
[1] On August 5, 2022, I released a decision in this matter about Dnaagdawenmag Binnoojiiyag Child & Family Services’ (“DBCFS”) request for an adjournment. Among other things, I indicated that the Court intended to appoint amicus curiae. I asked that Stan Jenkins of Legal Aid Ontario send an email to the Court with the names of some lawyers who would be willing to act as amicus, and I indicated that I would select someone from the list.
[2] On August 12, 2022, Mr. Jenkins sent the email. It contained a list of five lawyers who are willing to be appointed as amicus in this case. Mr. Jenkins confirmed that each of the counsel on the list had been provided with a copy of the Court’s decision of August 5, 2022. Although I also directed that the Court’s decision of August 5, 2022 was to be sent to the Ministry of the Attorney General, Crown Law Office Civil, Mr. Jenkins also reached out to the Ministry himself, and confirmed to the Court in his email that the Ministry is aware of the Court’s amicus appointment. Mr. Jenkins helpfully offered to keep the Ministry apprised of the Court’s selection. The Court thanks Mr. Jenkins for his assistance so for, and for his offer of ongoing assistance.
[3] The Court selects Katherine Hensel to act as amicus in this matter. A copy of this supplementary endorsement is to be sent to counsel listed above in the style of cause, to new counsel for DBCFS on this matter Katie Akey, to Mr. Jenkins and to Ms. Hensel.
[4] I leave it to Mr. Jenkins, or more likely Ms. Hensel, to bring this Endorsement to the Ministry’s attention and to have the discussions referred to in ¶ 184(c) of the August 5, 2022 decision.
[5] The draft Order referred to in ¶ 184(c) of the August 5, 2022 decision may be sent to me through the judicial assistant karen.hamilton@ontario.ca, or to caitlyne.parsons@ontario.ca, if Ms. Hamilton is away.
Justice Alex Finlayson
Released: August 15, 2022
COURT FILE NO.: FC-20-20-0000 DATE: 20220815
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
Dnaagdawenmag Binnoojiiyag Child & Family Services Applicant
- and –
L.S.K. Respondent mother
- and –
B.C.F. Respondent father
SUPPLEMENTARY ENDORSEMENT
Justice Alex Finlayson
Released: August 15, 2022