Summary

36976

E.U., et al. v. Children's Aid Society of Toronto, et al.

(Ontario) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (Certain information not available to the public)

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

Charter of Rights – Fundamental justice – Status of persons – Child protection – Parents’ appeal from Crown wardship order dismissed for delay – Whether s. 7 of Charter imposes affirmative obligation on courts to safeguard interests of minority immigrant parents in child protection proceedings – What is appropriate interpretation and application of Rules 2(2), (3) and (4) of the Family Law Rules O. Reg. 439/07 and ss. 1(1) and (2) of Child and Family Services Act, R.S.O. 1990, c. C.11 where parents are minorities, self-represented and hampered by financial difficulties – Whether Court of Appeal erred by failing to provide reasons for dismissing applicants’ appeal.

The applicants are the parents of the child who was apprehended by the Children’s Aid Society in July 2012. The child was placed with a family and has lived with these caregivers since that time. They wish to adopt her. After a ten-day trial in which the parents were separately represented, the child was found to be in need of protection and was made a Crown ward. The parents were given no right of access. The parents filed a Notice of Appeal. Several status hearings ensued between November, 2014 and August, 2015, most of which were adjourned at the parents’ request. Their appeal remained unperfected. The Children’s Aid Society indicated that it intended to bring a motion to dismiss the appeal for delay. That motion was heard on August 27, 2015 where the parents requested an adjournment. The appeal on the merits was scheduled to be heard three weeks later. The transcripts, factum and appeal record had not been filed.

Lower Court Rulings

August 27, 2015
Ontario Superior Court of Justice

Applicants’ appeal of Crown wardship order dismissed for delay
February 24, 2016
Court of Appeal for Ontario

C61082, 2016 ONCA 146
Applicants’ appeal dismissed