June 3, 2022 – Cat’s-Paw: A person who used to serve the purposes of another; tool

“The Applicant attaches what appear to be parts of a series of text messages and emails directed at her by a Dufferin Child and Family Services case worker which she characterizes as supportive of her theory.

I have on more than one occasion been critical of the local agency knowingly or otherwise allowing themselves to be made a catspaw by one or the other party to a domestic family law proceeding.  Those parties seek to use the agency as an ally to advance their position – albeit usually not as baldly as the Applicant here.  It is unclear whether the CAS was aware that the private communications of the Applicant with their worker would be used in this forum.

To be clear, agencies such as the local CAS have an essential role to play in the welfare of children and young adults in this province that is defined by legislation.  This role engages child welfare options and counselling and supportive children’s mental health options, among other tasks.  If there are child protection concerns apparent the agency must by law take steps to try to address those concerns including in a formal way if necessary.  This may include in extremely serious cases by removing children to a place of safety with or without a warrant.

It is not one of the legislative roles of a child welfare agency to act behind the scenes to manipulate or steer a domestic action currently before the courts in one direction or another although that route may seem to be easy and cost effective.”

         Hillyer v. Pulver, 2021 ONCJ 317 (CanLII) at 11-14