Re L.A., 2014 ONCJ 558
Opinion
Milton Registry No. A48/88 DATE: 2014-10-27 Citation: Re L.A., 2014 ONCJ 558 ONTARIO COURT OF JUSTICE IN THE MATTER OF a motion under subsection 162(2) of the Child and Family Services Act, R.S.O.1990, c. 11, as amended, by L.A. for an order to unseal an adoption file; Before Justice Sheilagh M.
O’Connell Heard in chambers Endorsement inscribed on 27 October 2014 No appearances [1] This is the request of the adoptive father, pursuant to a 14B motion without notice, for a court order to open and releasethe adoption file in this matter, to the “Fundacion Chilena de La Adopcion” in Santiago, Chile. [2] The supporting affidavit provides very little information. Mr. A. deposes that, in order to finalise an adoption in Chile,the Chilean lawyer requires a copy of this court’s entire adoption file in order to “change the name of my adopted daughter to her actualname.” The child apparently now lives in Chile.
The original adoption order was made in this court in 1988, approximately twenty-sixyears ago. Mr. A. has apparently advised the court staff here that the entire adoption file needs to be copied for the Chilean authorities,not just a copy of the adoption order. [3] A court order is required to open an adoption file pursuant to subsection 162(2) of the Child and Family Services Act,R.S.O. 1990, c. C.11, as amended.
Subsection 162(2) provides that all documents used on an application for an adoption order shall besealed by the court and shall not be opened for inspection except by court order. [4] Although there is very little jurisprudence regarding when a court should unseal an adoption file, the authorities dosuggest that an order unsealing an adoption file should be made in exceptional circumstances. See Ferguson v. Ontario Director ofChild Welfare, , 40 O.R. (2d) 294, 142 D.L.R. (3d) 609, [1983] O.J. No. 2920, 1983 CarswellOnt 1346 (Ont. Co. Ct.);affirmed at Ferguson v.
Ontario Director of Child Welfare, , 44 O.R. (2d) 78, 1 O.A.C. 236, 3 D.L.R. (4th) 178, 36R.F.L. (2d) 405, 41 C.P.C. 217, [1983] O.J. No. 3238, 1983 CarswellOnt 341 (Ont. C.A.). [5] There should be, in my view, some evidence of compelling and important circumstances, either affecting the child’sinterests or the adoptive parents’ interests. For example, in Droit de la famille 140, J.E. 84-534, 1984 CarswellQue 456 (Qué.
T.J.),Youth Court Judge Michèle Rivet partially unsealed an adoption file for medical or genetic grounds where an adopted child diagnosedwith leukemia required a bone marrow transplant from a biological sibling. The court allowed unsealing of the file but restricteddisclosure to the information needed by the hospital staff and barred any disclosure of identities between the parties. [6] In Re Victor C., 2014 ONCJ 366, [2014] O.J. No. 3789, 2014 CarswellOnt 11127 (Ont. C.J.), I ordered the partialunsealing of the file to provide a further copy of the adoption order to the adoptive father.
The adoptive father originally had theadoption order but had lost it over the past forty years. His adopted son had been recently notified of a possible inheritance from hisbiological father in Germany and needed the adoption order to prove his identity. I found that the applicant’s intention was anappropriate and beneficial reason to unseal the adoption file. [7] In this motion, there is insufficient evidence for me to determine why the entire adoption file should be unsealed andcopied and forwarded to an unknown agency.
I require further evidence regarding what documents are required, why the entire fileneeds to be copied, why the documents are needed in the first place, who would have access to the documents and for what reason,including any compelling circumstances affecting the child or the adoptive parents. It would be also helpful to have a letter or affidavitfrom the person requiring the information setting out the reasons for this information and why it is necessary. [8] Accordingly, the motion is adjourned to a hearing before me so that the adoptive father can provide the informationrequired above.
The hearing date should be scheduled by the trial coordinator at a date convenient to the applicant and the court. _____________________ Dated on October 27, 2014 Justice Sheilagh O’Connell
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