Catholic Children’s Aid Society of Toronto v. C.A., 2014 ONCJ 636

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 48(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. COURT FILE NO. C55095/11 DATE: 2014-11-25 Citation: Catholic Children’s Aid Society of Toronto v. C.A. , 2014 ONCJ 636 ONTARIO COURT OF JUSTICE B E T W E E N: ) )

CATHOLIC CHILDREN’S AID SOCIETY OF TORONTO ) ) ) KAREN KSIENSKI, for the APPLICANT ) APPLICANT ) ) - and - ) C.A. and D.W. ) RESPONDENTS ) GRACE ELIZABETH GAUDET, for the RESPONDENT, C.A. THE RESPONDENT, D.W., not appearing JULIE RALHAN, agent for the OFFICE OF THE CHILDREN’S LAWYER, on behalf of the child A.S.-W. ) ) ) ) ) HEARD: NOVEMBER 24, 2014 JUSTICE S.B. SHERR ENDORSEMENT [ 1 ] The Catholic Children’s Aid Society of Toronto (the society) has asked the court to issue a warrant to apprehend and return a child in care pursuant to subsection 41 (1) of the Child and Family Services Act (the Act).

This request relates to A.S.-W., the subject child in this status review application. The child is thirteen years old and has been in the temporary care of the society since July 14, 2014. [ 2 ] The respondent, C.S., who is the child’s mother, supported this request. The child’s father, D.W., who is the child’s father, has not participated in this case. [ 3 ] The child’s counsel had no instructions. Her client has run away from her foster home and counsel is not currently in contact with her. [ 4 ] Subsection 41 (1) of the Act reads as follows: Apprehension of children in care Warrant to apprehend child in care

(1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or child protection worker’s sworn information that, (

a) the child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; and (

b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. [ 5 ] Subsection 41 (1) of the Act specifically states that a justice of the peace has the authority to issue the warrant requested. [ 6 ] The issue is whether a judge of the Ontario Court of Justice has the authority to issue a warrant under this subsection of the Act. [ 7 ] The answer to this question is that a judge of the Ontario Court of Justice can issue a warrant under subsection 41 (1) of the Act, when acting in his or her capacity as a justice of the peace under

section 5 of the Justices of the Peace Act. Every judge of the Ontario Court of Justice and Superior Court of Justice is, by virtue of his or her office, a justice of the peace . See: Teledyne Dalsa, Inc. v. Li, [2014] O.J. No. 1047 (SCJ) .

Section 5 of the Justices of the Peace Act reads as follows: 5. Justices of the peace, by virtue of office.— Every judge of the Supreme Court of Canada, the Federal Court of Canada, the Court of Appeal, the Superior Court of Justice and every provincial judge is by virtue of his or her office a justice of the peace and also has power to do alone whatever two or more justices of the peace are authorized to do together. [ 8 ] The evidence set out in the Information in Support of a Warrant to Apprehend and Return a Child, filed by the society, meets the test set out in subsection 41 (1) of the Act.

The child is under the age of 16 and has left the care of the society without its consent. There are also reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. [ 9 ] This is the third time that the child has left the foster home without permission since July of 2014. There are significant concerns about the child’s ability to make good decisions. There is evidence that she is using drugs and is sexually active.

She reported having been sexually abused by a family friend, but is declining any treatment. The child reported staying with a friend who was a prostitute the last time she ran away. The child needs to be brought to a place of safety to adequately protect her. [ 10 ] In my capacity as a justice of the peace, pursuant to

section 5 of the Justices of the Peace Act , the requested warrant shall issue. ___________________________ Justice S.B. Sherr Released: November 25, 2014