Privacy Demanded

March 20, 2012 permalink

Here is a new tactic developed by Chris York on behalf of an expectant mother. CAS had its eye on her, anticipating apprehending her baby at birth. Chris had her draft a letter to the hospital where she intended to give birth:

To Niagara Health System,

CAS/FACS is a private organization in Ontario and as such are not entitled to any information regarding any patient under the care of Niagara Health System without prior consent. Any breach of this notice and release of any information will be considered a direct breach of the privacy act and will be met with swift legal action.

According to Chris the hospital board immediately took notice of this and directed the delivery ward that they were not to notify anyone because of potential litigation. It would be violating the patients privacy and be in violation of the Privacy Act. But a nurse did violate the direction of the hospital board of directors and the is currently under investigation for this direct violation of the Privacy Act by the hospital board of directors. The baby was apprehended and as a result of my (Chris) attendance at court and speaking to the duty counsel an argument was made that gave the mom maximum visits between now and next court date and an order that the CAS MUST check into the kinship placement given and also must attempt to secure placement for the mom and baby in a maternity house program so that the baby can be returned to mom on the next court date.

Source: Facebook, Canada Court Watch

Fixcas suggests this tactic will work better when it comes from a family clearly able to hire competent counsel, even when the letter to the hospital uses more restrained language. If it catches on, expect the OACAS to run to the legislature with an amendment to the Privacy Act.