Documents to remain confidential

Cornwall Standard Freeholder

18 November 2006

Local News - A judge has ordered two documents remain confidential at the Cornwall Public Inquiry until officials from a child services agency decide whether to appeal a decision making them public.

On Thursday, Comm. Normand Glaude ordered a number of documents at the inquiry be made available to the public, including two which contain information the Children's Aid Society would have provided to the province's Child Abuse Register.

In delivering his decision, Glaude said the information was not taken directly from the register and therefore was not subject to the same assurances of confidentiality.

On Friday, Peter Chisholm, a lawyer representing the CAS at the inquiry, asked Glaude to hold off on making the documents public until his client has had an opportunity to consider appealing the decision.

"If a stay is not granted, irreparable harm will be suffered," said Chisholm, "which will affect the integrity of the register."

Under the Child and Family Services Act, information maintained by the register, no unauthorized person can "inspect, remove or alter" that information.

In his ruling, Glaude said he didn't believe information which may eventually become part of the register, but is maintained elsewhere, is not subject to the same protections.

Chisholm said his client may seek a judicial review of Glaude's decision.

On Friday, Glaude agreed to allow the two documents to remain confidential for the being and has given CAS officials until 3 p.m. on Nov. 21 to decide whether they wish to have the matter appealed. If they opt for the appeal, they will have until 5 p.m. on Nov. 24 to seek approval from the Ontario Divisional Court to have the stay extended until such time as a judicial review can be heard. In allowing the application, Glaude said he remains concerned about timelines and the affect of delays on the inquiry.

"This inquiry has been going on for some time," said Glaude. "We must carry on. We do not have the luxury of time."