Children’s Aid Society of Toronto v. M.B.-M., 2017 ONCJ 331

WARNING The court hearing this matter directs that the following notice should be attached to the file: This is a case under

Part III of the Child and Family Services Act and is subject to one or more of subsections 45 (7), 45(8) and 45(9) of the Act. These subsections and subsection 85(3) of the Child and Family Services Act , which deals with the consequences of failure to comply, read as follows: 45.—

(7) Order excluding media representatives or prohibiting publication. — The court may make an order, . . . (

c) prohibiting the publication of a report of the hearing or a specified part of the hearing, where the court is of the opinion that . . . publication of the report, . . ., would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.

(8) Prohibition: 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) Idem: order re adult. — 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. . . . 85.—

(3) Idem. — A person who contravenes subsection 45(8) or 76(11) (publication of identifying information) or an order prohibiting publication made under clause 45(7)(

c) or subsection 45(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. CITATION: Children’s Aid Society of Toronto v. M.B.-M., 2017 ONCJ 331 DATE: May 17, 2017 COURT FILE NO. C30405/03 ONTARIO COURT OF JUSTICE IN THE MATTER OF AN AMENDED STATUS REVIEW APPLICATION FOR THE CROWN WARDSHIP OF G.C.A. BORN ON […] , 2002 AND E.A., BORN ON […], 2004, UNDER

PART III OF THE CHILD AND FAMILY SERVICES ACT, R.S.O. 1990, C. 11. B E T W E E N: ) ) CHILDREN’S AID SOCIETY OF TORONTO ) ) ) SHERRI SMOLKIN, for the APPLICANT ) APPLICANT ) ) - and - ) ) )

M. B.-M., M. B.-L. and A.C. ) ) ) BARRY NUSSBAUM, for the respondent, M. B.-M. LANCE CAREY TALBOT, for the respondent, M. B.-L. ) RESPONDENTS ) ) THE RESPONDENT, A.C., not appearing and noted in default LYNN BONHOMME, for the children, on behalf of the OFFICE OF THE CHILDREN’S LAWYER ) ) HEARD: MAY 17, 2017 JUSTICE S.B. SHERR ENDORSEMENT [ 1 ] On February 21, 2017, the court released its reasons for decision related to a

summary judgment motion brought by the Children’s Aid Society of Toronto (the society). See: Children’s Aid Society of Toronto v. M.B., [2017] ONCJ 120. [ 2 ] The court granted the

summary judgment motion making E.A. and G.C.A. (the children) crown wards; ordered that M.B.-M. (the mother) and M.B.-L. (maternal grandmother) will have access to E.A. and E.A. will have access to the mother and maternal grandmother in the society’s discretion, and in consideration of E.A.’s wishes; and ordered that E.A. will have access to G.C.A. and G.C.A. will have access to E.A., as agreed between the children and the society. [ 3 ] The court found that there was a genuine issue requiring a trial regarding G.C.A.’s access with the mother and the maternal grandmother. [ 4 ] The court ordered that a focused hearing be conducted on the remaining access issue, pursuant to subrule 16 (9) of the Family Law Rules . [ 5 ] The court made wide-ranging findings of fact, set out in subparagraph 188 (

e) of its reasons for decision, that would apply to the access hearing. [ 6 ] Counsel subsequently met with the court and agreed upon the format of the focused hearing. [ 7 ] The focused hearing was held on May 17, 2017. [ 8 ] Oral reasons were given at the conclusion of the hearing. [ 9 ] A final order was made on the following terms:

a) There shall be a reciprocal order that G.C.A. have access to his mother and maternal grandmother and his mother and maternal grandmother shall have access to him on the terms and conditions that follow.

b) Access shall be in the discretion of the society, subject to the minimum access set out below.

c) Access shall take place on either Saturday or Sunday from 10 a.m. to 4 p.m., starting on the weekend of May 20, 2017 - the day to be agreed upon by the parties. Failing agreement, access shall take place on Saturdays.

d) Starting on the July 8, 2017 weekend, the access hours shall increase to 9 a.m. to 5 p.m. If the parties agree, during the summer, access can take place on a weekday instead of the weekend.

e) An overnight visit shall take place between December 24 and 28, on a date to be agreed upon by the society, child, mother and maternal grandmother.

f) An overnight visit shall take place on New Year’s Eve.

g) An overnight visit shall take place on Easter Weekend, the day to be agreed upon by the society, child, mother and maternal grandmother.

h) Overnight access will be subject to G.C.A.’s wishes at the material time.

i) The society has the discretion to increase access, if it is consistent with G.C.A.’s wishes.

j) The mother and maternal grandmother are to ensure that G.C.A.’s Uncle L. is not present on his access visits. If the mother or maternal grandmother breach this term the society has the discretion to suspend or decrease access or require access to return to the society office. The society is to immediately notify G.C.A.’s lawyer if this happens.

k) Once the access visits increase to 8 hours the mother and maternal grandmother are to ensure that G.C.A. takes all his medication at times directed by the society. The society is to set out these directions in writing to the mother and maternal grandmother. If the mother and maternal grandmother are non-compliant with this term, the society may suspend any overnight access.

l) If G.C.A. has a special event or occasion; has the opportunity to go to camp or on a vacation with his foster family, the society may cancel a visit, but should use its best efforts to make up the visit as soon as possible. Dated: May 17, 2017 __________________ Justice S.B. Sherr