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Using OCL report at motion stage....

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  • #16
    I found a new case just posted where this was tested recently.

    Posting it here incase it helps anyone:

    https://www.canlii.org/en/on/onsc/do...&resultIndex=3


    Sent from my iPhone using Tapatalk

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    • #17
      Originally posted by InsideOut View Post
      I found a new case just posted where this was tested recently.
      Posting it here incase it helps anyone:

      https://www.canlii.org/en/on/onsc/do...&resultIndex=3
      This isn't case law on that but the Justice had an opinion on weather the OCL report could be used as evidence and they said yes, under these circumstances it hypothetically could but there was no OCL report.

      The respondent filed a motion to change status quo before trial by getting joint decision making and more parenting time.

      Before the motion the respondent was only allowed visits with this child at his mothers house and under his mothers supervision.

      The respondent lost the motion for many noted reasons but primarily for not following the court order for access at his mothers, not following an order for disclosure and he was blamed for preventing the OCL report from being completed. It was noted that he was a good parent and indicated he probably should have access by a different party.

      The Justice said the OCL report could have helped him but there was no report because he interfered with its completion, twice.

      [15] This statement of good intention appears to refer back to the two discontinued OCL reports. The first investigation was discontinued on February 25, 2020 because of difficulties encountered during the first meeting with the respondent father. He advised the clinician that his house was surveilled inside and out for his protection against false allegations made by the applicant. He also said that his mother was present to serve as a witness. The OCL clinician did not consent to the respondent recording their conversation and advised him that interviews were generally done in private, absent exceptional circumstances. The respondent asked for written proof of this policy, a document the investigator did not have with her. Faced with the respondent’s insistence on filming the interview and having his mother present, the clinician ended the meeting and left the premises.

      My question is why is the OCL empowered to conduct interviews without a check/balance of it being recorded. Police interviews are recorded, court is recorded.
      Wouldn't it be in the best interest of everyone to have a record that can be reflected on that is more reliable than notes?

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      • #18
        My question is why is the OCL empowered to conduct interviews without a check/balance of it being recorded
        The balance is cross-examining the OCL at trial. This is why OCL reports are not supposed to be used on interim motions - although sometimes the judge lets it slide out of expedience.

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