Judge rules Lev Tahor must hand children over to Quebec authorities

Lev Tahor member Uriel Goldman stands outside the Chatham courthouse on December 23, 2013. Photo Greg Holden

By Greg Holden

Ontario Court of Justice Judge Stephen Fuerth has ruled that the Lev Tahor must abide by a ruling in Quebec that requires 13 children be placed in the case of foster homes.

In handing down his ruling Fuerth said the issue was presented to him as a jurisdictional matter when his ruling was based on procedure.

Fuerth ruled that in spite of the families position they had planned to leave Quebec for months, that they left “in haste”. The parents had verbal notice on November 14 that legal proceedings would start November 19, the day following their departure from St. Agathe. Fuerth concluded the Lev Tahor were attempting to avoid those proceedings by leaving Quebec. Fuerth also ruled the habitual residence of the children was Quebec when a court ordered the children into the custody of Children’s Aid in Quebec for 30 days.

Citing the Children’s Law Reform Act, sections 40 and 41, Fuerth resolved that there was no valid reason provided to the court that gave him reason to ignore rulings in Quebec. Explaining it is “impractical at best” to ask Ontario Children’s Aid Societies to conduct a new investigation, Fuerth noted the 18 month investigation by a Quebec child protection agency was recognized in Ontario.

In his ruling that to ignore the rulings in Quebec is to invite “jurisdictional chaos”, Fuerth added that Charter of Rights arguments needed to be made in the Quebec court where those rights were allegedly violated.

The Lev Tahor have 30 days to appeal the decision and will keep their children during that period. Fuerth gave Chatham-Kent Children’s Services the right to announced and unannounced visits during that period.