how to view records without counsel?
Thanks for finding that case.
This confirms there is a difference in child protection cases and custody cases: that you're automatically entitled to full disclosure without having to bring a motion.
Besides providing counselling and assistance to families, a major duty of a children’s aid society is to investigate allegations and to bring protection proceedings in respect of children who may be in need of protection. If such a protection case were begun, both the father and mother would be entitled as of right to full disclosure of the society’s records.
This also doesn't grant the father full disclosure:
[18] The following information will not be disclosed:
1.
Any information relating to an event that occurred prior to the date of the last order.
2.
Any information not relevant to the issue of whether there has been a material change in circumstances since the date of the last order, or the issue of what is in the children’s best interests.
3.
The identity of informers who provided information to the society regarding the children with a reasonable expectation of confidentiality.
I'm not sure if CAS would agree to release all records to me if they were only to be given to counsel only- there was no restrictions placed on records. CAS counsel may have concerns if EVERYTHING is being released to me. Especially the name of he person that made a referral against me.
I guess we'll see what case management will say or order re: release of records.
Have you come across any cases for release of police records ? I will try searching for this again.
Sent from my iPhone using Tapatalk
Thanks for finding that case.
This confirms there is a difference in child protection cases and custody cases: that you're automatically entitled to full disclosure without having to bring a motion.
Besides providing counselling and assistance to families, a major duty of a children’s aid society is to investigate allegations and to bring protection proceedings in respect of children who may be in need of protection. If such a protection case were begun, both the father and mother would be entitled as of right to full disclosure of the society’s records.
This also doesn't grant the father full disclosure:
[18] The following information will not be disclosed:
1.
Any information relating to an event that occurred prior to the date of the last order.
2.
Any information not relevant to the issue of whether there has been a material change in circumstances since the date of the last order, or the issue of what is in the children’s best interests.
3.
The identity of informers who provided information to the society regarding the children with a reasonable expectation of confidentiality.
I'm not sure if CAS would agree to release all records to me if they were only to be given to counsel only- there was no restrictions placed on records. CAS counsel may have concerns if EVERYTHING is being released to me. Especially the name of he person that made a referral against me.
I guess we'll see what case management will say or order re: release of records.
Have you come across any cases for release of police records ? I will try searching for this again.
Sent from my iPhone using Tapatalk
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