“The court was concerned the Society did not mention in their most recent application that their June 24, 2022 application had been denied and for what reason(s). The court should have a reasonable expectation that the Society has provided full and fair disclosure upon all applications. It needs to be appreciated that although this application is at a warrant phase, and not before a Family Court Justice, this is still a court with the same expectations of fair and full disclosure. This expectation is laid out in the 2009 case of Children’s Aid Society of Hamilton v. O. (E.) 2009 CanLII 72087 (ON SC), 2009 Carswell Ont 8125, [2009] O.J. No. 5534, specifically, at paragraph 21:
“The disclosure obligation is comparable to that of Crown counsel in criminal proceedings, as set out in R. v. Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 S.C.R. 326 (S.C.C.). The obligation includes all information gained in the course of an investigation and involvement with the family: see for example, Children’s Aid Society of Cape Breton-Victoria v. M. (L.), [2007] N.S.J. No. 349 (N.S. S.C.); and K. (S.D.) v. Alberta (Director of Child Welfare), 2002 ABQB 6` (CanLII), [2002] A.J. No. 70 (Alta. Q.B.)”.
And further at paragraph 22,
“Disclosure does not simply involve delivery of case notes to parents’ counsel. The duty extends to disclosure to the court. After all, the Society and the court are guided by the paramount purpose in the C.F.S.A. The Society, as with Crown counsel in a criminal case, is not to focus on winning the case, but, rather, to seek a determination that is in the best interests of the child. Further, the court has the responsibility of making that determination and is not to simply “rubber stamp” decisions of the Society.”
Without a sincere application and full and fair disclosure, the best interests of the child, and whether they are in need of protection, cannot be properly weighed on a balance of probabilities by the court of this jurisdiction. This court by no means suggests that the Society was withholding that information intentionally, but believes, it is a practice that is unfortunately common when Societies are seeking warrants to apprehend children where they were denied in the past.”
Child and Family Services of Grand Erie v. S.S., 2022 ONCJ 332 (CanLII) at 9