FSA Toronto Applauds Appeal Court Decision
Post date: January 5, 2007
Family Service Association of Toronto applauds the decision by the Appeal Court of Toronto on January 2, 2007, to grant legal parental status to the mother of a young boy in the AA vs. BB and CC case. The decision means that the child will have three legal parents: the appellant, her same-sex partner who is the child’s biological mother, and the child’s biological father, who plays an active role in his life.
"This is a clear victory for this family and for all people who believe that strong families create strong communities," says Laurel Rothman, Director of Social Reform for Family Service Association of Toronto. "The composition of families has changed and our laws should reflect that. In this case, that means legally recognizing the three parents who nurture and care for this child."
Read also: "Good decision for everyone" - FSA Toronto commentary published in Toronto Star, January 9, 2007.
Family Service Association of Toronto supports families as a cornerstone of a strong society and acted as an Intervener in the case. "Over our 92 years, FSA Toronto has seen the traditional construct of families evolve to take on a variety of nurturing, loving forms. As a result, our definition of "family" is two or more people, whether living together or apart, related by blood, marriage, adoption or a commitment to care for one another," says Rothman. "Our experience has shown that effective families are as diverse as Toronto itself and we believed it was important to bring that expertise to this case."
The judges' decision means that the non-biological mother in this family will be able to conduct such activities as registering him for a passport, making critical healthcare decisions or maintaining custody of the child in the event of the biological mother’s death. The ruling sets a precedent to allow other families in similar situations to seek legal recognition. To do so, however, each family must appear before a family court judge and it must be proven that a relationship of parent and child exists and that granting the application is in the best interest of the child.
Bradley Berg and Courtney Harris of Blake, Cassels & Graydon LLP were counsel for FSA Toronto and served the agency on a pro bono basis.
