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-23-13 DATE: 20230901

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Durham Children’s Aid Society Farrah Manji, for the Applicant Applicant (the “Society”)

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D.F. Not Present Respondent Mother

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A.V. Ann Velez, for the Respondent Father, A.V. Respondent Father

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C.S. On his own behalf Respondent Father

HEARD: September 1, 2023

Also in attendance: Sandra Grant, counsel for the children Also present for part of the attendance: Sandra Scovino, with the maternal great grandparents, Mr. and Mrs. A.

JUSTICE ALEX FINLAYSON

Endorsement

PART I: UPDATE

[1] This is the first attendance on this protection application after the release of my decision of August 21, 2023: see DCAS v. D.F. and A.V. and C.S., 2023 ONSC 4804.

[2] The Society and A.V. have started to implement the various Orders that this Court made on August 21, 2023. There have been a number of positive steps already taken in the past 10 days.

[3] In particular:

(a) Both the Society and the father filed updating affidavits;

(b) In his affidavit, the father apologized for past confrontations with the Society and any non-compliance with Court orders. The Court thanked A.V. for his affidavit and encouraged him to keep working positively towards his plan;

(c) The Society had a positive meeting with A.V.;

(d) The Society arranged for a futon to be delivered to A.V.’s home (where he lives with the paternal grandmother), to assist with the sleeping arrangements for J. This was delivered on August 26, 2023;

(e) The first weekend access visit under my Order of August 21, 2023 is scheduled to occur this weekend;

(f) The Society undertook to assist A.V. and the paternal grandmother with some rent for new accommodations. A.V. and the paternal grandmother are starting their search for larger housing;

(g) The Society and A.V. have enrolled J. in a school in A.V.’s catchment area. The Society believes that that, in tandem with A.V.’s and the paternal grandmother’s work schedules as set out in my decision of August 21, 2023, will enable A.V. to get to school consistently, were A.V. to come out of care;

(h) The Society is in the process of obtaining J.’s school records;

(i) The Society has obtained two curriculum vitae to have a comprehensive psychoeducational assessment done respecting J. The Society has also invited proposals from the others in this case as to any other professionals who might undertake this mandate, if they wish to provide that input. The Society anticipates it will take between two and three months to have this assessment completed;

(j) If there is no agreement by the time of the next court date, evidence should be put before the Court and I will make a further order, but the Society anticipates achieving a consent with A.V. to have this started;

(k) A.V. has made further attempts to get J.’s medical records. The Society is assisting him with this; and

(l) A.V. has put J. on a wait list for counselling at Catholic Family Services of Durham. In the interim, the Society has sourced counselling at Therapeutic Family Care to assist J. The Society is prepared to fund this. A.V. has agreed to this counselling in the interim as well. The Society intends to get that process started.

[4] Although it is early days, if things continue to progress well, the Society is hopeful that that J. may be able to come out of care soon.

[5] In regards to D.F. and C.S., the situation is less positive. There has been more police contact and conflict between the two parents since the motion. There have been further disclosures from one of the children.

[6] Both parents have moved to Chatham. I was told they are in fact separated.

[7] D.F.’s and C.S.’s new baby, B.R.S. was born within the last week. There was a removal. The matter is before the Court in that jurisdiction. The child was taken into care earlier this week. I was told that the local child welfare agency (LINCK) intended to ask the Court there to transfer the file to Durham. Ms. Manji reported that there was an objection to a transfer. There is another hearing in the other Court, to deal with that on September 29, 2023.

[8] The decision to transfer is that of the other Court in the other case. If the file is transferred, it can be made returnable before me on any day I am sitting, or October 6, 2023.

[9] D.F. did not come to Court today. The Court impressed upon C.S., who was in attendance, of the need to engage with the Society in a timely way. For example, he had not yet given his consent respecting the process I proposed in paragraphs 287 to 290 of the August 21, 2023 decision respecting legal representation. He gave that consent today and so the Society will now take those steps.

PART III: ACCESS

[10] In paragraph 293(f) of the August 21, 2023 decision, the Court invited the parties and the OCL to come up with a joint plan for access (other than the discretionary access that I already ordered) given the number of logistics. The move to Chatham has added even more logistics into the mix. For example, the Society is now in the position of having to fund transportation between Chatham and Durham for the parents to have access. There is a new baby and perhaps access arrangements in Chatham ordered in the other court.

[11] At this point, the Society has exercised its discretion under the August 21, 2023 Order to arrange for a virtual visit between D.F. and C.S. with the children once per week. All of the children attend the Society’s office for such visit(s), and so they see each other in that forum. It is also prepared to facilitate another weekly visit for the parents to proceed in person. Beyond that, counsel were not in a position yet to sort out any further logistics given the new developments in Chatham, and the fact that this Court’s decision of August 21, 2023 is recent. This is understandable.

[12] The parties sought clarification of the access terms set out at paragraphs 293(c), (d) and (e) of the August 21, 2023 decision. These terms pertain to the Society’s discretion to permit the children to see the great grandparents. Based on the discussion today, and with A.V.’s consent, the Society’s discretion includes permitting the children to see the great grandparents in the community during the mid-week. There are no changes to the other terms and restrictions imposed on August 21, 2023 respecting that discretion.

PART II: THE GREAT GRANDPARENTS’ PARTY STATUS

[13] The great grandparents attended Court today with counsel and asked the Court to add them as parties to this proceeding. There was no motion before the Court.

[14] Ms. Scovino asked the Court to do so without motion material as their retainer is a private one, as opposed to state funded. The great grandparents say that the access terms ordered on August 21, 2023 entitle them to party status based on Children’s Aid Society of London and Middlesex v. T.E., 2023 ONCA 149.

[15] Neither the Society, the OCL, or A.V. opposed the request. C.S. opposed.

[16] In any event, the issue needs to be dealt with on motion with evidence. Motion to proceed on October 6, 2023 @ 10:30 AM.

[17] The great grandparents’ motion material by September 15, 2023. C.S.’ responding affidavit by September 29, 2023. Any reply by October 4, 2023.

[18] It would be helpful to receive some case law and a factum on this issue. That may be filed by October 4, 2023, also.

PART IV: COSTS

[19] A.V. seeks costs against the Society. His counsel intends to file submissions in writing by September 8, 2023. Costs submissions may be up to 10 pages, plus a Bill of Costs or Costs Outline, and any case law. The Society may respond with the same page limits plus any attachments/case law by October 4, 2023.

[20] The Court may have questions when it reviews the submissions. If so, the Court will ask those questions at the attendance on October 6, 2023.

[21] Either A.V. or the Society may make brief oral submissions too, if either wishes to supplement their written arguments.

PART V: NEXT STEPS

[22] This matter is adjourned to October 6, 2023 @ 10 30 AM – by zoom, to address:

(a) the great grandparents’ motion for party status;

(b) costs (questions or oral submissions, if any);

(c) an update (I ask that updates be provided by way of affidavit in case additional Orders are needed further to the Court’s decision of August 21, 2023, or further to today’s updates);

(d) the other case if transferred (unless scheduled on another day before me); and

(e) J.’s temporary placement, if the parties are ready to address that.

[23] If it is not already done, I ask the Society to please take out the Order arising out of the August 21, 2023 decision.

The Honourable Justice Alex Finlayson

Released: September 1, 2023

COURT FILE NO.: FC-23-13 DATE: 20230821 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Durham Children’s Aid Society Applicant Society - and – D.F., A.V. and C.S. Respondent Parents SUPPLEMENTARY REASONS FOR DECISION Justice Alex Finlayson Released: September 1, 2023