Superior Court of Justice (Ontario) Family Court Branch Heidi S. Levenson Polowin Education Seminar

Overview

The 2019 Heidi S. Levenson Polowin Education Seminar was an additional seminar for Family Court Branch judges that immediately preceded the Court’s fall Education Seminar. It focused on the implications of the Ontario Court of Appeal’s decision in Kawartha-Haliburton Children’s Aid Society v MW and considerations in child protection proceedings with respect to Indigenous children and families. The program included presentations by experienced judges and experts in the field as well as an opportunity for judge-only discussions. The program also included an update on developments under the Child and Youth Family Services Act.

Objectives

The objectives of this seminar were to educate Family Court Branch judges on the implications of the decision in Kawartha-Haliburton Children’s Aid Society v MW, and in particular the use of motions for summary judgment, considerations of poverty and access in extended care cases in child protection proceedings; to consider the application of the best interests of the child test to Indigenous children and children from diverse backgrounds; and to provide an update on developments under the Child and Youth Family Services Act.

Summary

What We Have Been Doing This Year with the Child, Youth and Family Services Act, 2017

This session gave an overview of the caselaw decided this year under the CYFSA.

Implications of Kawartha-Haliburton Children’s Aid Society v MW, 2019 ONCA 316

A judicial panel canvassed several of the major implications of the decision in MW, including:

• The use of motions for summary judgment
• Considerations of poverty in child welfare matters
• The new test for access in extended care cases

Applying the Best Interests of the Child Test to Indigenous Children

This session discussed the cultural considerations at play in hearing child welfare matters involving Indigenous children. It touched on First Nations governance and care of children, new federal legislation in the area, and the limits of legislative changes to correct past errors.

Addressing Diverse Cultural Backgrounds in Your Courtroom

This session discussed the aspects of the CYFSA that consider cultural identity, religion, race and ethnicity in determining the best interests of the child, and how child welfare agencies are doing the equity work to ensure that this aspect of a child's identity is central. It included  a judicial panel that spoke  to practical difficulties in implementing the Act.