CAS Must Plead to Charges

September 9, 2007 permalink

John Dunn has brought his legal action against Children's Aid of Ottawa to the point where the society and its Executive Director must plead to charges.

expand

collapse

On September 13, 2007, The Ottawa Children's Aid Society and the Executive Director separately have to stand in front of a JP and plead GUILTY or NOT GUILTY to the following charges

• The Society:

  Failing to furnish a list of the Society's members, contrary to section 307 (5) of the Corporations Act, RSO 1990, c. C-38, as amended.

• Barbara MacKinnon:

  Authorizing, permitting or acquiescing in such offence (as above) is also guilty of an offence and on conviction is liable to a like fine.

In other words, because the Society refused to provide a list of the members upon a properly submitted request, the Society can be charged and the Directors or Officers who Authorized, Permitted, or Aquiesced to the Offence can also be charged.

On September 13th, 2007, the Society will plead Guilty or Not Guilty.

This charge was brought forward by Johh Dunn, as a private prosecutor under section 23 of the Provincial Offences Act, which allows any person to lay an information / charge someone instead of having to get the police involved. What you do is go to a JP if you believe someone has contravened a provision of a provincial statute, (Corporations Act, CFSA) which says it is an Offence to do something, you swear it to the JP and a date is set to have the alleged Offender appear before the court to plead guilty or not guilty at their first appearance.

The Crown might step in and take over then stay the charge, or they might not. I'll keep you informed.

Provincial Offences Court (where you pay your traffic tickets)
Thursday, Sept 13, 2007
1:30pm, Court Room 102
100 Constellation Crescent (Near Baseline Station)
Ottawa, ON

Source: email from John Dunn