her mother, that she is confused, and
does not know what she should and can
feel about her mother. She is at risk of
depression. (…) J. needs to come to
some resolution in relation to her
mother. (…) It could be helpful for J.
to have contact with her mother so that
such a resolution can be achieved. (…)
The recommendation is therefore that
supervised visits with [the author] are
reinstated. That J. is given a chance to
know her mother. (…) Should it be
considered that the visits are
detrimental to J., they should be
stopped and the reasons for the
termination explained to her.”
10. [The author] shall not question J.
regarding where she lives, her telephone
number or where she attends school.
13. In the event [the author] fails to
abide by any of these terms and
conditions the access visits shall be
terminated immediately and the CCAS
shall have the right to determine if future
visits shall take place.”
2.15 Access was removed again by the CCAS in
August 1999 although the visits had gone well and
the author fully complied with all access conditions
at each visit. On the author’s motion to reinstate
access, the access order was varied on 21 December
1999, in the best interests of the child. In December
1999, the child started living with new foster
parents, who expressed the wish to adopt her.
2.13 In order to regain the care and control of her
child or visiting rights, the author turned to various
lawyers and eventually proceeded in person to
pursue numerous motions and appeals to the courts
during the years 1997 to 2000. In the result on 11
January 1999, on the CCAS’ request, the Ontario
Court of Justice, relying on Dr. K.’s report, found
the author to be under a “mental disability” and
ordered that she not be allowed to pursue any further
court proceedings in person. In the circumstances the
Public Guardian and Trustee Office (PGT) was
assigned as the author’s litigation guardian. 8 She
claims that the PGT did not act on her behalf and
tried to mislead her. The Court also ordered that the
trial scheduled for February 1999 be postponed, as
the PGT was not ready to proceed to trial.
2.16 On 8 December 1999, the author filed an
application for judicial review of the entire child
protection process in the Superior Court of Justice.
The CCAS initiated a counter-application under
Section 140 of the Courts of Justice Act, banning the
author from continuing any proceedings she had
commenced in any court, and preventing her from
initiating any subsequent proceedings. On 8 March
2000, the Superior Court of Justice prohibited her
from instituting further proceedings in any court, and
ordered that all proceedings previously instituted in
any court be discontinued. The Court’s reasoning
was that the author had initiated numerous motions,
appeals and applications, sabotaging the timetable of
the trial regarding the protection of the child, and
thereby seriously compromising the child’s welfare.
2.14 In June 1999, as a result of an order issued on
17 May 1999, access to her child was reinstated by
consent on certain terms and conditions, among
which:
2.17 On 26 June 2000, in the main trial on the child
protection case, the Ontario Court of Justice made an
order for crown wardship without access for the
purpose of adoption. The Court considered that “the
evidence in this matter is overwhelming to permit
the Court to find that the child is in need of
protection and that there is overwhelming evidence
to demonstrate that this child’s best interests can
only be served by an order for crown wardship
without access.” The Court further “firmly believed”
that the author was a “seriously ill person”, and that
if the child were to be left in her care, she would
suffer not only physical harm but irreparable
emotional damage. The Court based this finding on
Dr. K.’s 1998 medical report, Dr. G.’s indication that
“it is likely that this patient suffers from a paranoid
personality disorder” and another doctor’s statement
of 12 May 1998 that “While I have no direct
confirmatory evidence of her suffering from a
delusional disorder, I would feel that the material
presented by Dr. K. and presumably to the Courts,
would likely have stood up and would continue to do
so”. None of these specialists came to Court to
testify.
“1.
[The author] shall have supervised
access to the child in the sole and
absolute discretion of the CCAS.
2.
Access shall be once every three
weeks for a period of not more than 90
minutes.
4.
[The author] shall remain in the
visitation room at the CCAS office with
the child at all times during the visits,
fully supervised by CCAS employees.
There will be a CCAS employee in the
room at all times as well as a CCAS
employee behind an observation mirror.
8
In an affidavit of 17 May 2000, a lawyer from the PGT
indicated that the author had “demonstrated that she was
capable of instructing and keeping legal counsel” in
support of a motion for the PGT to be removed as legal
representative for the author.
78
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