K.A. v. B.D., 2011 ABQB 513

Court of Queen ’ s Bench of Alberta Citation: K.A. v. B.D., 2011 ABQB 513 Date: 20110812 Docket: 4801 147813 Registry: Calgary Between: K.A. Plaintiff - and - B.D. Defendant Restriction on Publication: No one may publish any information serving to identify a child or guardian of a child who has come to a Minister’s or a director’s attention under the Child, Youth and Family Enhancement Act . See the Child, Youth and Family Enhancement Act , s. 126.2 . _______________________________________________________ Reasons for Judgment of the Honourable Madam Justice S.L.

Martin _______________________________________________________ [ 1 ] The father has made an application under s.126.11 of the Child, Youth and Family Enhancement Act , R.S.A. 2000, c.C-12 for access to the Director’s file concerning his family. The mother and father have a custody trial scheduled to begin September 12, 2011 to determine what arrangement will be in the best interests of the youngest of the couple’s children.

[ 2 ] There has been long term controversy between husband and wife and this is a high conflict situation. By order of another Justice the Director’s file came into my hands. [ 3 ] As limited submissions were made when the file was delivered to me in court by the Director with counsel for both parties present, the parties were given an opportunity to make any further submissions in writing if they wished.

Counsel for the father submitted a letter seeking the release of the Director’s file. [ 4 ] I have reviewed the file according to the criteria established in s. 126.11(8) and (9) of the Act . [ 5 ] While some of the information has been disclosed in various affidavits, the size of the record is not too large and its disclosure may affect both parties’ rights to a fair hearing. The file is likely necessary to advance the position of the parties. It is relevant and material to the wide ranging inquiry called for when assessing the best interests of the child in a custody hearing.

The file is to be disclosed under the following terms and conditions. [ 6 ] The terms and conditions of release are: 1. The file to be made available is the one redacted by the Director and is attached as Exhibit 1 to my judgment. 2. The unredacted file is to be kept sealed on the Court file and is not to be distributed except with approval of this Court. 3. The lawyers for each party involved in the trial may have one copy of the redacted file attached as Exhibit 1 for their own use. Such copy is available from my assistant. 4.

The file may be reviewed by the client in the presence of the lawyer but the parties or any third party are not to be given a copy of, or any part of, the file. No-one is permitted to make a copy of any portion of the file unless such is an exhibit at trial. 5. The contents of the file cannot be disclosed to any other person except with the approval of the Court. [ 7 ] All other sections of the Act continue to apply. Counsel are reminded that the trial judge retains full authority to make all determinations about the admissibility of any evidence to be received at trial.

Dated at the City of Calgary, Alberta this 11 th day of August, 2011. S.L. Martin J.C.Q.B.A. Appearances:

Dan Aburto for the Plaintiff Rodney W. MacKenzie for the Defendant Jessica Lawson for the Director