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More recent news

Oriena Rejola Currie, R.I.P.

August 6, 2007

Oriena Currie, a board member of Canada Court Watch, has passed away.

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In memory of Oriena Rejola Currie

Canada Court Watch executive, Oriena Currie, passes away at 72 years of age

Sadly, on Sunday, July 22, 2007, Canada Court Watch advocate, Oriena Rejola Currie, 72 years of age, passed away in hospital after losing her final battle with cancer.

To her many friends and associates with whom she had become involved in over the years during her political advocacy and as an executive director of Canada Court Watch, she will be greatly missed.

She is survived by her son, Charles, her daughter, Bonnie, and five grandchildren, Chatham, Cauthen, Quen , Caegan and Kitsym.

Oriena was one of the most respected and senior member of Canada Court Watch, having served on its Board of Directors for a number of years.

Up until her final battle with cancer she proudly stood up for freedom, justice and democracy which were the issues she strongly believed in and fought fearlessly for those beliefs.

Oriena was born November 23, 1934 in Toronto, Ontario. She grew up as a young child in the Cabbagetown community of Toronto and in her teenage years lived in the Mississauga area.

In her later years, Oriena resided in Campbellville, a small community situated on the beautiful Niagara Escarpment close to Milton, Ontario.

She operated a family owned flea market from a small commercial building located on her family's properly on Guelph Line at the southern outskirts of her community.

Most Saturdays and Sundays she could be found at her flea market with her grandchildren close at hand.

Outside of her time spent with her family members and running the family business, Oriena was a powerhouse, devoting much of her knowledge and experience to provide helpful advice to others experiencing problems with the courts and lawyers.

People from all over called Oriena by phone for help with their court related problems with many finding much needed information and support that they were unable to obtain or afford from professionals in legal community.

Oriena stated that advocating for fairness, justice and most all accountability had been a passion and a driving force during most of her life.


Oriena at the Barrie, Ontario rally in 2006 wearing the T shirt which caused court workers to label her and other justice minded Canadian citizens as "gang" members.

She often attended meetings, protests and events in the community designed to bring attention to the plight of those involved with the court system.

Last year in Barrie, Oriena was refused entry to the public washrooms at the Barrie, Ontario courthouse by security forces.

Officers told her that because she was wearing a Canada Court Watch T shirt, she was considered as posing a threat to the security of the court.

Court Security officers told Oriena that court administrators and judges inside the building had labelled the senior citizen a "gang" member.

Afterwards, outside of the Barrie, Ontario courthouse, Oriena laughed and stated the incident at the court about her being refused entry to use of the washroom was a joke.

"I must be doing something right if these big, burly and armed police officers felt threatened by me, a 71-year old senior citizen," she said.

Oriena stated that the actions of police and court workers that day at the Barrie court was an insult to justice and free speech in Canada.

She said that this only showed that the judges and those who work for the court system were more afraid of her Court Watch T shirt and what it stood for than they were of her.

"The judges and court workers are terrified of the public finding out the truth of what is going on inside of their lavish court buildings.

They know what they are doing is wrong and they only want to hide the truth" she said during an interview with reporters outside of the court.

Over the years, Oriena had acquired a small library of legal books which she graciously shared with people who were in need of helpful legal information.

She provided free legal advocacy under the name "YoYo" Law, the phrase YoYo standing for "Your On Your Own".

Oriena coined this unique name because she believed that people had to self educate themselves about the law and about their rights and freedoms.

She often said that the costs associated with people obtaining competent legal services had become unaffordable to all Canadians except those considered wealthy.

Oriena did not fear standing up against injustice and would often stand up for others in the community, especially those who had been pillaged of their assets and then abandoned by legal professionals.

Just days before her passing, Oriena had rescheduled a court hearing in which she was scheduled to appear in court to represent herself in a lawsuit she had prepared and filed by herself prior to her becoming ill.

Her civil lawsuit against authorities involved the Halton Regional Police and the Crown Attorney's office.

Even with her illness facing her, she forged ahead in expectation of being well enough to fight for justice another day.

Although Oriena wanted very much to keep her scheduled court date, in the end her failing health would not permit her to do so.

Even at 72 years of age, Oriena was ready and willing to set an example to all Canadians by single-handedly challenging local authorities who she believed had done wrong, including the police.

In addition to handing out information to people involved in the court system, Oriena loved going to various courts in the southern Ontario region as a Canada Court Watch observer where she would observe court proceedings and report back about irregularities in the courts.

Archbishop Dorian A. Baxter, the National Chairman of Court Watch, said that Oriena was a person full of spirit, determination and dedication in the pursuit of fairness and justice for her fellow Canadians.

"Good, honest and hard working citizens of her calibre are hard to find," said Baxter.

Oriena has been laid to rest at the St. David's Presbyterian Church in Campbellville.

Oriena will be dearly missed by many.

Source: email from Canada Court Watch

CAS Trains Killer

August 5, 2007

Jesse Imeson became Canada's most wanted man after committing three homicides. The biographical article below discloses that he spent much of his childhood in the care of children's aid. The article is misleading on one point: it says his mother placed him with CAS. We have interviewed many parents who (on paper) relinquished their children to CAS voluntarily. The consent was most often obtained by deception, such as a social worker suggesting to the parent that a signature was a formality necessary for the agency to provide help to the child.

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Murder suspect 'always smiling'

By JENNIFER O'BRIEN, SUN MEDIA

August 4, 2007

He was non-stop.

An adventurous, wide-eyed boy, Jesse Imeson made his babysitter work for her money -- giggling as he chased her through his parents' Amherstburg home south of Windsor.

The eldest of three children, Imeson, seven at the time could be "a little turd," Cheryl White remembers.

"He would chase me through the house with a water gun. He was a jokester," says White, who used to care for Imeson and his younger brother and sister.

"But he was a happy kid. He had these huge eyes and he was always smiling, trying to have fun."

That boyish smile is long behind the six-foot-tall man whose eyes are harder now, and whose body is covered in tattoos, including a Chinese symbol meaning "soldier," on his neck.

At 22, Imeson is suddenly infamous as an unpredictable fugitive, accused of murdering three people in cold blood, and evading a national manhunt for two weeks before his arrest Tuesday.

But his troubles didn't begin overnight. In recent years, Imeson had been a regular at Windsor's jail, and became known to some people as a guy who'd say anything to get what he wanted.

Though his personal life appeared full -- a beautiful girlfriend, the mother of his two-year-old daughter, and a circle of supportive friends and relatives -- many say he considered himself alone since his mom put him into foster care at about age 10.

"He had a rough life," so many have said of Imeson.

There was the suicide of his father, Jeff, who worked in construction in Amherstburg. Imeson has told friends it was he -- then nine-years-old -- who found his father dead.

There was foster care. Shortly after his dad died, Imeson's mom handed over her eldest son -- but not his siblings -- to Children's Aid.

Since turning 18, a Corrections Canada official said, Imeson had often been in the Windsor jail on charges of petty crimes, including possession of stolen goods and robbery.

Then, there's the drug addiction.

And now there are the three killings police link to Imeson -- the strangulation of 25-year-old Carlos Rivera, who was found in Imeson's rented Windsor room on July 19, and the shooting deaths of Bill and Helene Regier, who were found dead, tied up in their Mount Carmel home July 23.

For 12 days, Imeson evaded a manhunt that went Canada-wide after the Regiers killings, until a concerned neighbour spotted him watching television in an unoccupied home in Portage-Du-Fort, Que., and he was chased into the woods.

Then, keeping with his unpredictable reputation, the heavily tattooed, newly bearded fugitive simply laid down beside the loaded gun he carried and let police arrest him.

"His family is so glad," says White. "We all thought it could have ended worse, with the family ( suicide) history."


Imeson took his father's death "badly," White says.

"His dad was his hero. He started to get out of hand. That's how he was reacting to the devastation."

His mom put him in foster care -- a move called "abandonment" by Children's Aid societies. She didn't put his younger siblings into care, but eventually relatives cared for them, too, a cousin says.

"She did it for him," says White. "He was causing trouble in the home and she couldn't handle it at the time."

He went to Leamington, a 45-minute drive from Amherstburg, where his mom lived.

Foster parents wouldn't comment on Imeson, but former classmates who met Imeson in Grade 6 remember the new kid as likeable.

"Everybody knew he had a messed up life," says a woman who went to Leamington's Queen Elizabeth elementary school."He was a little rough, but he was a decent kid."

Imeson graduated from Grade 8 at that school, she says, and went on to Leamington District secondary.

Somehow, he ended up back in Amherstburg, where he began temporary stays with aunts and uncles.

"He stayed with relatives, and his grandparents tried so hard," one cousin says. "He was unworkable."

Today, Imeson is close with his sister and a brother, who is training to be a paramedic, and some cousins, friends say.

Though he had friends in high school -- he went to General Amherst in Amherstburg until dropping out in Grade 11 -- Imeson's reputation was as a hard-partying hot head.

Known for his tough talk, and tough walk, he always had a cigarette in his mouth and usually a beer in his hands.

Though friends say he wasn't a bully, and that he charmed women with his manners and easy grin, he was a bad boy -- even banned from one Amherstburg bar.

"He caused trouble all the time," says a server at Shooters. "The night he was banned, we were all sitting around after work and (talking about it)."

Though Imeson has several tattoos, including his surname etched across his stomach, a Windsor tattoo artist says he was horrible to work on.

"He was hyper and high strung," says Jeff Vella, who booted Imeson from his shop for his behaviour. Vella says Imeson often came in after partying at the casino and sometimes couldn't sit still for more than five minutes.

A well-built man who worked out often, Imeson took odd jobs, doing construction or helping people out, friends say. But he had several criminal convictions.

It's surprising, then, that he wanted to be a cop, enrolling in a police foundations course at a Windsor college. But that's where White -- enrolled in a different course -- ran into the man she once babysat.

Imeson was worried during his time at the college, she says -- his girlfriend was pregnant. She says he graduated, but then couldn't find work.

Imeson left for Whistler, B.C., to do just that, says another friend. He did get a job somewhere, but "he came back after his daughter was born," she says.

But Imeson's drug use -- a former rehab peer says he was into cocaine -- was heavy and his troubles continued.

This summer, Imeson did a 40-day program at Windsor's Salvation Army Addiction and Rehabilitation Centre, where former peers blame drugs for his troubles. While there, Imeson said he wanted to be a better dad and received visits from his baby's "hot" mother, says a former peer.

"He was a nice guy," the friend says.

Imeson graduated from the program "a model client," says Salvation Army Major Wilfred Harbin. But he relapsed.

Imeson moved into a rooming house in downtown Windsor, telling his landlords he had been in the military -- a story police have refuted.

The couple who rented to him say Imeson was polite and quiet, and kept pictures of his daughter in his room.

Friends say he was still in an on-and-off relationship with his daughter's mom.

Imeson was living in that home for three weeks when he decided to go to a downtown gay strip bar, the Tap.


Staff at the Tap say they had never seen Imeson before Tuesday, July 17, when he showed up and began talking to bartender Carlos Rivera.

Always on the hunt for fast cash, the high school dropout told friends he thought he could make good money dancing for men. But he didn't fill out the application, says operator Eddie An.

An said he had a bad feeling about Imeson, who was boasting about being a soldier.

But Rivera was interested and later left with Imeson.

Next morning, the landlords said, Imeson left early. In Rivera's car, he drove the more than 200 kilometres to Grand Bend. Rivera's strangled body remained in his room -- and wasn't found until Thursday, July 19.

Police have said that before Rivera's body was even found, Imeson had hooked up with South Huron teen Lindsey Glavin at a Grand Bend bar.

They hung out until Friday, July 20, when Glavin ended the relationship and dropped Imeson off in a Stephen Township field, north of Mount Carmel Line.

Assisted by Glavin, police combed that field Saturday, July 21, but called off the search the next day.

On Monday, July 23, four concessions east, the Regiers were found dead, spurring the nationwide hunt for Imeson. That hunt ended last Tuesday, eight days later, 600 kilometres away, in a wooded area of Quebec, north of Ottawa.

With no blaze of glory, Imeson went down peacefully, police said, laying down beside his loaded rifle.

He's been charged with first-degree murder in Rivera's death and, within a week, is expected to face the same charge for the deaths of the Regiers.

"He has gotten himself into a lot of trouble over the years but something like this? We are shocked," says White.

Another friend from Amherstburg says she was happy Imeson was captured, "because he doesn't have to run anymore," though she was worried about him, saying he looked thin on the news.

Source: London Free Press

More Runaways

August 4, 2007

Two more girls have voted against foster care with their feet. They are Kathie McDonald, who left foster care in Hamilton, and Riviera Hollahan of Winnipeg. Some controversy has attended the McDonald case, since CAS feels free to violate the Child and Family Services Act by naming a child in foster care. Another report says McDonald was picked up within two days of publishing her name.

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Public help needed to find missing teen

Jul, 26 2007 - 11:20 AM

HAMILTON (AM900 CHML) - The Children's Aid Society is asking for the public's help in finding a missing 14 year-old girl.

Katie McDonald has been missing since last Wednesday, July 18.

She's 5-feet-2 inches, around 105 pounds with green eyes and long blond hair.

She's known to frequent the Barton and Strathearne area as well as the downtown core.

- Ted Michaels

Source: CHML


Mon Jul 23 2007

Girl, 11, missing

Riviera Hollahan
Riviera Hollahan

CITY police are seeking help from the public to find a missing 11-year-old girl. Riviera Hollahan was last seen Friday between 1 p.m. and 4:30 p.m. at the Freight House recreation centre on Isabel Street.

Police describe Riviera as an aboriginal girl, 5 ft. 1 in. tall with a medium build and long dark brown hair with blonde streaks in a pony tail. She was last seen wearing a white and grey tank top, blue jeans and white shoes.

When children go missing, the police must decide whether they’re in trouble or not. So far police don’t believe this girl is in trouble. “Investigators are actively investigating,” Winnipeg Police Service spokeswoman, Const. Jacqueline Chaput said. “At this point, we’re not looking at this as suspicious in nature.”

Any person who may have seen her is requested to contact police at 986-6222.

Source: Winnipeg Free Press

Addendum: Months later the website of the Winnipeg police marked Rivera Hollahan as LOCATED, without any indication of time or place.

Pervert Shrink

August 4, 2007

Stuart Greenberg was an expert witness in Seattle who earned a living taking children from their parents. He was also a voyeur who secretly photographed women using his bathroom, then used the pictures for his own sexual gratification. He joins the ranks of Ontario's Dr Charles Smith as a discredited expert, requiring reviews of many of the cases in which he provided opinions.

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Friday, July 27, 2007 - 12:00 AM

Therapist's suicide could trigger challenges in legal cases

By Jennifer Sullivan and Maureen O'Hagan, Seattle Times staff reporters

The arrest and suicide of a prominent Seattle psychologist who was often an expert witness in sexual-abuse and child-custody cases could raise questions about his recommendations, and some could be challenged, judges say.

Renton police on Wednesday found Stuart Greenberg's body after employees at the Clarion hotel entered his room and found a note on the floor that read, "medical personnel, do not resuscitate. Let me die," according to a Renton police report.

Officers later found Greenberg in a bathtub. He had cuts on both wrists, and police found a variety of medications in the bathroom. The case is being investigated as an overdose.

Greenberg, 59, was well-known as an expert witness in sexual-abuse cases. He had worked as a consultant to the Archdiocese of Seattle, which was defending itself in priest-abuse cases. He also had served as an expert witness on behalf of sex-abuse victims in other cases.

Greenberg also was frequently appointed as a parenting evaluator in child-custody cases.

Greenberg was arrested then suspended from practice earlier this month after allegations surfaced that he had secretly videotaped a woman in his office bathroom.

He was booked into the King County Jail on July 3 after an acquaintance found the videotape in the psychologist's VCR and alerted the person who appeared on the tape, police said. The tape was then handed over to police.

While in jail, Greenberg had been placed on suicide watch, according to the Renton police report. He was conditionally released two days after his arrest.

Dan Donohoe, spokesman for the King County Prosecutor's Office, said a decision on whether to file charges against Greenberg had not been made. But the state Board of Psychology suspended his license after the voyeurism allegation.

Nationally renowned

Greenberg, as a parenting evaluator in child-custody cases, carried tremendous power. A parenting evaluator's job is to interview all the parties involved and make custody recommendations; typically, the recommendations are followed.

Greenberg had developed a national reputation, as well. His curriculum vitae, listing all his professional accomplishments, runs 19 pages.

Among other things, he served as president of the American Board of Forensic Psychology in 2002-2003 and taught dozens of continuing-education courses across the country for fellow psychologists.

He also trained a crop of would-be psychologists as a clinical assistant professor at the University of Washington, and before that at the University of Southern California and the University of Iowa.

King County Presiding Judge Michael Trickey said the courts — and families going through custody battles — will have to contend with a number of difficult issues in the wake of Greenberg's arrest and subsequent death. He anticipates a flurry of challenges by parties who were unhappy with past evaluations involving Greenberg.

Greenberg's arrest alone wouldn't be enough to reopen a case. But if his recommendations hinged on a parent's alleged sexual deviancy, for example, that parent could argue that Greenberg's opinion was tainted by his alleged actions.

"Never having dealt with this before, I'm not sure how this would play out," Trickey said, adding, "I assume we're going to deal with it sooner rather than later."

The court doesn't keep count of cases assigned to a particular parenting evaluator, so it's impossible to tell how many families could be affected. But it's a given that all of Greenberg's pending cases will have to be reassigned to other evaluators — a process that was already under way since his arrest and suspension of his license to practice psychology.

Judge James Doerty, the chief family-court judge, said a key question in reopening old cases is whether the child-custody plan has been working for the child.

"The problem about going backwards and redoing those decisions is you are actually changing the lives the children have led," Doerty said.

"Great gifts and flaws"

On Sunday, Greenberg's wife checked him into an Extended Stay Deluxe motel in Renton because he said he didn't feel safe at home, the police report said.

Marcia Greenberg told police her husband had been depressed for nearly four months, possibly from a change in heart medication, and was upset by his recent arrest, the report read.

The Greenbergs went to dinner that night and then Marcia Greenberg returned to their Seattle home.

But at some point Greenberg left the motel and checked into the Clarion on Monday, police said.

Marcia Greenberg said she last spoke with her husband around 8 p.m. on Monday, according to the report.

"We are overwhelmed by loss and with grief that we could not convince Stu life was worth living," Marcia Greenberg wrote in a statement released Thursday. "Stu had great gifts and flaws, but to us he was a much loved husband, father, brother, and son. We miss him terribly."

Greenberg left suicide notes to his wife, daughter and "everyone else I hurt," the police report said. His wife said he apologized for his actions in the notes, the report states.

The King County Medical Examiner's Office said an autopsy was done Thursday but a cause of death won't be released until toxicology tests are completed.

Seattle Times staff reporters Nancy Kelsey and Michael Berens contributed to this report.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com

Source: Seattle Times

Boy Dies in Care

August 2, 2007

Two-year-old Gage Guimond died in his foster home in Winnipeg. Other news reports suggest he suffered sustained physical abuse. Over a hundred people attended his funeral, making it harder in Manitoba for child protectors to bury their mistakes.

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August 1, 2007

Toddler mourned

Memories of 'happy boy' recalled

By ROB NAY, SUN MEDIA

Natasha Guimond
Natasha Guimond, mother of two-year-old Gage Guimond, cries at his funeral yesterday. (Chris Procaylo, Sun Media)

A two-year-old boy was remembered as "a bright ray of sunshine" at his funeral yesterday.

Gage Dakota Guimond died on July 22, 2007, the day after his second birthday and two days after he was taken to hospital in critical condition.

Stuffed toy animals, flowers and a blanket surrounded his small coffin at the funeral service. Photos of the boy playing in a bathtub, eating cake and smiling while sitting on a beach faced the room filled with mourners. A large orange card featuring a child's writing and the words "We love you very much" sat close to the coffin.

Charged with manslaughter in Gage's death is Shirley Guimond, 52, his great-aunt. She had Gage and his three-year-old sister in her care at the time of the incident. A call was made to 911 saying a child had fallen down a flight of stairs.

As mourners entered the room for Gage's funeral, a musician sang and played an acoustic guitar, dedicating songs to Gage, his family and foster family.

Gage's mother, Natasha Guimond, sobbed, "I can't. I can't," as she was led into the room, braced by people who supported her as she struggled to walk.

Natasha temporarily gave up custody of Gage and his three-year-old sister more than a year ago because she wasn't ready to raise them by herself at age 18, she told Sun Media in a previous interview.

ASKS FOR HEALING

Pastor Larry Laquette, who conducted the funeral service, asked people to pray for every one of Gage's family members at the funeral. He asked for healing and restoration in people's lives.

Gage's former foster parents, Russ and Debbie Debassige, spoke about their time with Gage and how he came with them when they went bowling, fishing and camping. "He was a real water baby," said Debbie Debassige. "He loved the beach."

"Everyone who sees the photos at the front can see Gage was a happy boy," said Russ Debassige. "We fell in love with Gage."

While learning to walk, Gage also enjoyed visiting his foster siblings as they went to and from school. "He was always a bright ray of sunshine," said Debbie Debassige, adding the sound of drums soothed the young boy.

As mourners filed past the coffin at the end of the service, nearby musicians sang and beat on drums.

A trust fund for Natasha Guimond's surviving daughter has been set up at the Bank of Montreal at 1010 McPhillips St.

Source: Winnipeg Sun

Adoption Warehouse

August 2, 2007

Nine lucky children found a forever home with adoptive mother Judith Leekin. In her home they were handcuffed, tied together and burned while being deprived of food, education or toilet facilities. The mother earned a six-figure income from the adoption subsidies.

This could be a case of a mother scamming the system as suggested in the article, or another dumping ground case, in which the child protectors get rid of their problem cases, then blame the adoptive parent. At least in this case, the press is focusing on money as the root of the problem.

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updated 9:44 a.m. EDT, Tue July 31, 2007

Police: Kids were adopted for profit, abused

PORT ST. LUCIE, Florida (AP) -- They were often handcuffed, tethered together with plastic ties and allowed to soil themselves, investigators say. They had scars on their wrists. Some had burns.

Judith Leekin
Police say Judith Leekin enriched herself by adopting and neglecting nine children.
Home of Judith Leekin
Police say Leekin bought this house and another one with the state stipends for her adopted children.

None appeared to have more than a fourth-grade education, not even the adults in their 20s. All were starving.

In all, nine teenagers and young adults were held like prisoners in Judith Leekin's home in what appeared to be a decades-long scheme to line her pockets with the government payments she received for adopting and raising them, police say.

From the outside, Leekin's home appeared to be as ordinary as the others in this well-kept working-class neighborhood on the outskirts of this Atlantic coast town, 120 miles north of Miami. But its pink and white stucco exterior hid the horrors inside, authorities say.

"Horrible, I think, would be the best word used to describe what was going on in that house," said police Capt. Scott Bartal.

Investigators have not yet confirmed the identities of the young people and have not established how long Leekin had them. But authorities believe she adopted all of them in New York City under at least five aliases over two decades.

They range in age from 15 to 27. One is blind and mumbles. One can barely walk or stand. One can't read. But authorities said they do not know if the handicaps are a result of the alleged abuse.

The case came to light on July 4, some 200 miles away across the state in St. Petersburg, when police received a call from a grocery store that a teenager was there wandering aimlessly. The 18-year-old woman, who said she has been with Leekin for 13 years, said Leekin drove her there and abandoned her after telling her they were going to an amusement park.

Police and child welfare workers went to Leekin's home, but found nothing awry. Just one child was with her in the house, and Leekin told investigators the 18-year-old ran away a year ago. But police soon returned, and this time they found all the children, who had apparently been hiding on Leekin's orders.

Leekin, 62, was arrested and jailed on 11 charges, including aggravated elder and child abuse. She declined to be interviewed. Her attorney had no comment.

According to authorities, she was unemployed and lived off the monthly stipends provided by child welfare authorities in New York. She owned at least two homes and several cars. The adopted children said they had never seen a doctor or a dentist and had not been allowed to attend school or even leave the house.

"These people have not received any formal education in the time they've been with her," Bartal said. "At times when they were restricted with handcuffs or zip ties, during the night, they soiled themselves because they weren't permitted to go to the bathroom."

They were fed only noodles, and "they would have eventually starved to death," Bartal said.

The 18-year-old told police Leekin threatened to cut her head off if she told anyone what was happening, authorities said.

"Was there any kind of emotional attachment? Yes, it was fear," Bartal said.

Child welfare workers in New York said they are still digging through paperwork to determine how Leekin came to gain custody. It was not until 1999 that New York City child-welfare authorities began fingerprinting adults who adopted children out of foster care.

If Leekin did adopt them in New York City, she could have been making as much as $180,000 a year for a time. Parents who adopt special needs children can get as much as $55 a day.

"If you adopt a child out of the foster care system, you receive a stipend to help with the child's care, to cover clothing and food, and whatever additional costs are involved with caring for the child until the child turns 21," said Sharman Stein, spokeswoman for the New York City Administration for Children's Services.

There is no legal requirement that a person adopting a child from New York City's foster care system live in New York State.

The Florida Department of Children & Families authorities investigated a complaint of child abuse against Leekin in 1999, but the case was later closed. Officials would not give details.

"Right now we're just concentrating on the care of the victims, making sure they get the medical attention and psychological care they need," department spokeswoman Ellen Higinbotham said. "These adults, they're like elderly people, they're frail and vulnerable."

In Leekin's neighborhood, residents said they were shocked.

"You'd think she was your grandmother. There was nothing suspicious at all," neighbor Jim Hammond said. "We never heard anything from over there, no hollering, no screaming. She was just a nice lady."

Source: CNN

Addendum: From later news, it is clear that social services used Judith Leekin to dump problem children. Just about all of the children in her care had mental handicaps. If this case follows the usual pattern, the adoptive mom will be the target of public outrage and put away for a long time. The social workers who dumped their children with her will escape scrutiny. One teenager, Mo, died in Mrs Leekin's care.

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Aug 16, 2007 3:18 pm US/Eastern

Florida Judge Wants N.Y. Adoption Records

Says They Are Relevant To Leekin Abuse Case

(AP) FORT PIERCE, Fla. A New York judge must decide whether to unseal confidential adoption records, after a Florida court ruled Thursday that they are relevant in the criminal case against a woman accused of abusing 11 adopted children.

Judith Leekin, 62, of Port St. Lucie, is accused of bilking New York City out of $1.26 million in a scheme that involved adopting the children under four aliases to line her pockets with subsidies for their care.

Authorities say the children, now ages 15 to 27, were severely abused, that none have more than a fourth grade education, and all suffer from physical and mental disabilities.

Leekin has pleaded not guilty to the abuse charges.

Circuit Judge James McCann's ruling opens the door for Florida prosecutors to now ask a New York judge to unseal the adoption records.

Prosecutor Marshall Evans said the New York adoption records are needed to confirm the identities of the victims.

The records could also help locate a missing 11th adopted child, prosecutors say. Nine of the children and disabled adults are in Florida state care. A 19-year-old who police say Leekin abandoned in 2004 remains on his own.

The children and adults told police the 11th victim, an 18-year-old boy nicknamed "MO" who suffered from Down's syndrome or autism, died sometime in 1999 or 2000.

"Other than his name and date of birth and a nickname, we know very little about him," Port St. Lucie Police Detective Stuart Klearman told the judge Thursday. "The children have been led to believe that he died but we don't have any record of that."

Klearman also said police need the records to track down the victims' biological parents for DNA comparisons to determine their true identities.

"We do not know for 100 percent fact ... that any of these children are the children adopted out of New York," Klearman said. "They could be almost anybody."

He said copies of their birth certificates obtained from Leekin appear "suspicious."

Klearman also said the victims are now becoming curious.

"They're asking questions -- 'Who are we?"' he said.

Leekin's attorney, Mario Garcia, argued that the adoption records were not relevant in the abuse case.

Outside court, Garcia said the victims received medical care and were taken care of by Leekin.

Garcia also said the Florida Department of Children & Families took custody on Wednesday of the children of Desmond Leekin, who is Leekin's biological son. Desmond Leekin has been questioned by investigators and has said he did not know his mother had all the adopted children in her home.

A telephone message left for the Florida agency was not immediately returned. A telephone listing for Desmond Leekin could not be found.

Source: WCBS-TV New York

Parents have No Rights

August 2, 2007

The Supreme Court of Canada has issued an important decision in a case in which a child was taken from her parents for an imaginary cause. The care of children by the social services system is too important to allow professionals to be concerned by parental rights. The Supreme Court agrees with the listing of parental rights on our parody page.

Here is the operative part of the opinion:

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The deciding factor in this case is the potential for conflicting duties: imposing a duty of care in respect of the relationship between the family of a child in care and that child’s court‑ordered service providers creates a genuine potential for “serious and significant” conflict with the service providers’ transcendent statutory duty to promote the best interests, protection and well‑being of the children in their care. When a child is placed in the temporary care of the Children’s Aid Society, or if Crown wardship is ordered, the Child and Family Services Act creates an inherently adversarial relationship between parents and the state. The fact that the interests of the parents and of the child may occasionally align does not diminish the concern that in many if not most of the cases, conflict is inevitable. While it is true that ss. 1 and 37(3) of the Child and Family Services Act, which the family seeks to rely on to ground proximity, make reference to the family, nothing in them detracts from the Act’s overall and determinative emphasis on the protection and promotion of the child’s best interests, not those of the family. Furthermore, the treatment centre and B are providing services to R.D. in a treatment context, a context that invokes medical paradigms of confidentiality and privacy. To recognize a duty to parents in this context could also result in conflicting duties in the provision of medical treatment to children who have been removed from their parents’ custody. It is very difficult to see how different professionals, including doctors and social workers, could all effectively work together if some of them owed a duty other than to the child/patient. Lastly, the conclusion that there is no proximity is reinforced by two additional reflections of legislative policy. The first is that the Act itself provides a remedy for families seeking to challenge the way their child is treated. The second is that there is a clear legislative intent to protect those working in the child protection field from liability for the good faith exercise of their statutory duty, and this intent is reflected in statutory immunity provisions. Since the statutory mandate is to treat the child’s interests as paramount, there is, where the duties to the child have been performed in accordance with the statute, no liability to the family.

Source: Supreme Court Decisions hosted by University of Montreal

In case the link is altered, you should be able to find the decision from the citation:

SUPREME COURT OF CANADA, Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, Date: 20070727, Docket: 31404.

Anna Mae He Back Home

July 24, 2007

The parents of Anna Mae He give their newborn daughter temporarily to a Tennessee couple while they worked out their financial problems. The fosters refused to return the girl when the parents wanted her back, and even legally adopted the girl through a Tennessee court. It took years of litigation for the Tennessee Supreme Court to state the obvious, that failure to visit the girl when kept away by force did not amount to abandonment. Even after the courts ruled against them, the baby-snatchers held on through another six months of foot-dragging. Now the girl is finally back with mom and dad.

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Associated Press

Girl, 8, Back With Chinese Parents

By WOODY BAIRD 07.23.07, 5:33 PM ET

MEMPHIS, Tenn. -

A Chinese couple regained legal custody of their 8-year-old daughter Monday after a seven-year fight to get her back from what was supposed to be temporary foster care.

Judge Curtis Person of Memphis Juvenile Court signed an order returning custody of Anna Mae He to parents Shaoqiang and Qin Luo He, Chinese citizens who came to the United States so Shaoqiang He could attend college.

The order revoked the temporary guardianship by Jerry and Louise Baker, former foster parents who had tried to adopt the girl over her parents' objections.

"As far as custody goes, that's it," said David Siegel, the Hes' lawyer. "That's no longer an issue. That's nothing that will ever be an issue again."

The Tennessee Supreme Court ruled in January that Anna Mae He must be reunited with her parents, and she began a series of meetings with them in March. Those meetings, which progressed to overnight stays and weekend visits, were overseen by a lawyer and psychologist appointed by the Juvenile Court.

In his custody order, Person said the Supreme Court mandate had been fulfilled.

"I want everyone to know she will have a bright future," Shaoqiang He said in a telephone interview Monday. He said he expects to return to China with his family after Anna Mae has settled in.

Psychologists helping her adjust to leaving one family for another will decide whether she has further contact with the Bakers, who took her in when she was just less than a month old, He said.

"That depends on Anna Mae and her emotional and psychological needs," He said. "We want to do the best for her."

In its ruling, the state Supreme Court overturned a decision by a Memphis judge that took away the Hes' parental rights. That decision in 2004 followed a trial at which the Bakers argued Anna Mae would have a better life in suburban America than in China.

"I want her to have both cultures, Asian heritage and American culture," He said. "But from today on, she will never have to hide her Chinese heritage. I want her to have pride in it."

The Bakers' lawyer, Larry Parrish, issued a written statement last week saying that they had ended their custody fight. The Bakers contend Anna Mae will be emotionally devastated by leaving the only family she has known, "but further delaying the execution of what she must now suffer cannot be expected to help," Parrish wrote.

The high court said the Hes were penalized because they did not understand the American legal system and thought they were giving up their daughter temporarily so she could get health insurance. The family hit hard financial times when Shaoqiang He lost his graduate school scholarship and student stipend at the University of Memphis.

He also lost his student visa, but the immigration courts have held off on deportation proceedings because of the custody fight.

"I have to leave the United States," He said. "I promised the immigration judge I would take the voluntary departure after the custody issues were resolved."

But He said he hopes his family, which includes a son and another daughter born during the custody fight, can stay in the United States a while longer.

"I hope for the sake of Anna Mae's welfare they can give us ... one year or two years until Anna Mae is well adjusted," he said. Going to China sooner "might be too big a change for her right now."

Source: Forbes

Boy Protected with Pepper Spray

July 23, 2007

Here is more on the story of the still-anonymous mother who resisted child protectors with force. In a repeat of the Emily Lake seizure the cops "protected" a boy by hitting him with pepper spray. We wonder how safe he feels now

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Police pepper-sprayed boy during standoff with mom: witness

Last Updated: Friday, July 20, 2007 | 7:27 AM NT, CBC News

St. John's police officers used pepper spray on a boy during a confrontation in which he and his siblings were seized from their defiant mother, her boyfriend says.

anonymous mother
Sheriff's deputies escort a St. John's mother to provincial court on Thursday. (CBC)

The Royal Newfoundland Constabulary was called to the woman's home on Cookstown Road, near downtown St. John's, on Wednesday night to assist child protection workers who had arrived to take three children into custody.

The woman, however, refused to co-operate and barricaded her family inside the house in a confrontation that went on for hours.

At one point, police said, she swung a baseball bat at an officer's head, grazing but not injuring it.

"She didn't want them to go," the boyfriend, who was at the house during what he called a "crazy" confrontation, told CBC News.

His girlfriend "told the youngsters to sit down. [They were] running around, frightened to death."

CBC News is not identifying the woman or her boyfriend in order to protect the children's identities.

Const.  Paul Davis
Const. Paul Davis said incidents like the Cookstown Road confrontation are unusual. (CBC)

The boyfriend said the woman's 12-year-old son was pepper-sprayed while he used a stick to keep a police officer from climbing through a window.

At that time, he said, the mother reached for a baseball bat.

The RNC confirmed pepper spray was used in the incident, but would not say on whom.

Const. Paul Davis said while officers are commonly called to escort social workers who remove children from homes, incidents like the Cookstown Road confrontation are unusual.

"It took a little bit of time," Davis said.

"It was a barricaded situation for a short period of time. We were able to resolve that without anybody being injured."

The RNC called a negotiator in to resolve the situation.

The mother appeared in provincial court on Thursday on a charge of assaulting a police officer. She was released until her next court appearance.

The children — the 12-year-old boy, his 11-year-old sister and their two-year-old brother — are in the custody of child protection officials.

Source: CBC

Mother Defends Children

July 20, 2007

A Newfoundland mother has used force to defend her family from child protectors coming to take her children. Because there are no names in the story, we will not be able to bring you a follow-up.

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St. John's woman arrested after child-protection standoff

Last Updated: Thursday, July 19, 2007 | 7:20 AM NT CBC News

Police arrested a St. John's woman following a confrontation that erupted after child protection workers arrived to remove children from her home.

The Royal Newfoundland Constabulary was called to a Cookstown Road home at about 9:45 p.m. to assist Child, Youth and Family Services employees, who were attempting to take three children into protection.

Police said the woman refused to co-operate with social workers, and had barricaded her door so that officers could not force their way in.

The confrontation lasted several hours, the RNC said.

The woman eventually gave up, although the RNC said the woman swung a baseball bat at one officer. The bat grazed the officer's head, although he was not injured.

The woman, 33, is scheduled to appear in court Thursday on charges of assault with a weapon, uttering threats and obstructing a police officer.

Source: CBC

Smoking Gun Moves

July 20, 2007

Sarnia's Smoking Gun, site of discussions regarding children's aid societies, has moved to a new web location. It is: svb3d.no-ip.biz/ssg/.

Girl Escapes Foster Home

July 17, 2007

In April we reported on the disappearance of Sara Linklater, found the next day. Now she is missing again, this time from a foster home near Grimsby Ontario. She has twice voted with her feet against the quality of her foster care.

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Hamilton cops hunt for missing girl, 10

Sara Anne Linklater
Sara Anne Linklater went missing Thursday.

July 15, 2007

BY DANA BORCEA

Police are appealing for help finding a 10-year-old girl who went missing from Waterdown.

Sara Anne Linklater recently moved from the Sudbury area to live in Smithville, near Grimsby. Mountain Staff Sergeant Bob Watts said while at an event at Parkside High School, she reportedly drove away in a car around 2:30 p.m.

Less than an hour later, the car was found abandoned at Guelph Line and the QEW in Burlington.

Police said Sara ‘looks and behaves older than she is.”

Foul play is not suspected in her disappearance. But police said she is considered a high risk because of her age.

He said Sara was relatively new to the area and may be trying to hitch hike north to visit relatives and friends in Sudbury, Sault Ste. Marie or Manitoulin Island.

“We are looking for any information from someone who may have seen her that could give us a clue,” said Watts.

Hamilton police have notified First Nations police and the OPP that she could be coming to their area.

Sara is described as native with a dark complexion, black hair kept in a pony tail. She was wearing a black tank top, flared blue jeans and white running shoes.

Anyone with information is asked to call their local police service or Hamilton police at 905-546-3886 or Crime Stoppers at 1-800-222-8477.

dborcea@thespec.com, 905-526-3214

Source: Hamilton Spectator

Ex-Cop helps Court Watch

July 17, 2007

Canada Court Watch now has a former policeman who will help in interviewing victims of the family court system.

Ex Police officer helps in efforts to restore justice to family courts

(July 16, 2007) - An ex police officer who acknowledges that he has seen how family courts are responsible for many injustices against children and families has offered his services to conduct videotaped interviews of children who have been physically or emotionally abused or who have had their rights and freedoms violated while in the care of the CAS or by other agencies during family court proceedings. A growing number of professionals have contacted Court Watch in recent months to express their concern about what they see are a growing number of legitimate complaints against the family court system, the CAS and the Office of the Children's Lawyer. These professionals are asking what they can do to help restore justice in our courts. If you have a child who has been abused by the system and who is willing to speak out on videotape, then please contact Court Watch by email at info@canadacourtwatch.com

Source: Canada Court Watch

Damaged Son

July 17, 2007

A mother using screen name Amy has posted the story of her son, returned from two years in CAS care and damaged beyond her ability to repair.

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child messed up

Amy
Posted: Sun Jul 15, 2007 3:36 pm

I do not think that I am the only one who has finally got there kid back from the CAS to find they are very messed up. A year or more of trauma at their hands will do that. So the traumatized kinda messed up kid gets returned and I find that because of the CAS repeatedly degrading me, cutting me down and making me seem powerless in front of them I have so little respect from my child left to be able to help him. So how do we regain parental respect back and work despite what the CAS has spent along time damaging and taking away?

This child was removed because a really dumb negligent unqualified CAS worker heard through the school that I was taking my child to a psychiatrist for help. I had just set up an appointment for my child when he was removed by this worker alleging that — this is true and is on the warrant to apprehend and in court record — I was seeking metal health help for the child. This worker who met my child once decided on his own that he did not need it and apprehended him (to save him from seeing an expert) and thus put my son through hell and prevented any of the help I was seeking for my son. The fact I was seeking help was used against me. This worker alleged that I was mentally ill, despite the professional reports to the contrary.

Now two years later, I am still not treated for any mental health issues I do not have and my son still needs help. But now he is over the age where I can force him. Before I could. This was when they took him and prevented me from getting him this help. He is now without the help I wanted to get for him before and I believe he is worse.

Now with the added trauma from the CAS he will not leave the house. He will not socialize. He rarely showers or changes clothes. He is very verbally abusive. He shot up our last house with his bow and arrow leaving holes in most of our walls. Well he did it again. Shooting out my window and making holes in freshly painted walls. He has also come close to starting fires and has damaged furniture with fires. Now I am told that he is too old to force into treatment. I am told that I can throw him out and this will force him into treatment. I do not want a throw-away kid and having seen what government organizations have done so far (CAS) sure do not want to trust them any further.

The CAS spent all this time tearing me down in my child's eyes and diminishing me, making it even harder to parent and get his respect enough to get him help. Nope he calls me all the names that the CAS told him I was, delusional, crazy, etc (for trying to get him help). He continues to damage the house, start fires, destroy rooms and runs into his room whenever anyone comes over.

The CAS are out now, but how do I fix up the mess they made now and get my son help so he can have a quality of life?

Source: Canada Court Watch forum

Chambers Quitting

July 13, 2007

Ontario is about to lose its Minister of Children and Youth Services. Mary Anne Chambers has decided not to be a candidate in the provincial election this October. Her predecessor, Marie Bountrogianni, is also quitting politics.

Among the comments to the Globe and Mail:

  • al isinwonderland from Canada writes:
    Leaving for health reasons, I hope it is nothing more serious than coming down with a bout of honesty.
  • Karol Karolak from Canada writes:
    It is tough job having to defend Liberal policy of baby snatching and baby selling.

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Ontario Liberals lose cabinet minister Chambers

Canadian Press, July 11, 2007 at 12:02 PM EDT

TORONTO — The Liberals are losing another female cabinet minister this fall.

Toronto-area politician Mary Anne Chambers says she is not running again in the October election.

The minister of children and youth services says she is not seeking re-election for unspecified health reasons.

Ms. Chambers says it was a difficult decision to make but she is proud of her accomplishments since her election in 2003.

Premier Dalton McGuinty says Ms. Chambers worked tirelessly and with great passion for the province's most vulnerable residents.

Ms. Chambers is the latest Liberal woman leaving politics — Hamilton cabinet minister Marie Bountrogianni and backbencher Jennifer Mossop both announced they won't be seeking re-election in October either.

Source: Globe and Mail

Hession on CPS

July 11, 2007

Massachusetts family lawyer Gregory Hession has written an article for the New American, a publication of the John Birch Society. While the mainstream press informs us of the antics of Paris Hilton, it is left to the specialty press to deal with the serious issues. Hession covers every stage in the protection process from the snitch network to the drugging of foster children to keep them docile.

There are reasons why the system does a bad job. Colleges churn out hordes of 23-year-old social-work graduates, childless and clueless, who are sent into homes to make life-changing decisions. Their formal education is grounded in doctrinaire Marxism and feminism, and they believe in their viscera that the state should communally raise children.

Another disincentive to changing the system is the fact that social workers are given legal immunity for almost any discretionary decision no matter what harm results to the children. Social workers exercise virtually unlimited power over families, with little accountability to anyone for overreaching or even for egregious offenses.

Read the full article on the website of the John Birch Society, or our local copy.

Mother Flees to Save Baby

July 11, 2007

Police are looking for a mother, Jessilyn Paulhus, who has left Toronto with her baby. If she is found, her baby, Ryan Tenhave, will be taken and she will likely never see him again. If she keeps the baby, she will have to live in the shadows where it will be hard to get food for him. Will anyone suggest an amnesty to save this boy?

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mother

Police Search For Mother And Missing 5-Month-Old Boy

Tuesday July 10, 2007, CityNews.ca Staff

He's just an infant, too young to know the fuss his presence - and absence - has caused. But Toronto Police have issued a notice about him, and are hoping you know where he - and his missing mother - is. They're concerned about 20-year-old Jessilyn Paulhus and her son Ryan Tenhave. The reason - the boy is only five months old and but weighs just 12 lbs. The Children's Aid Society had been monitoring the child until June 29th - when the mother and the kid suddenly disappeared from the Sherbourne and Carlton St. area.

Police aren't accusing the young mom of anything, but say they're worried about the welfare of the baby. "There's a warrant to apprehend the child," Detective Hugh Wong tells CityNews.ca. "The child would be taken into custody" as a safety precaution so the C.A.S. could continue to reassure itself the infant's in good condition.

Paulhus's mother lives out west and police here think she may have gone to either Calgary or B.C. But they need to find little Ryan to be sure he's O.K. The 20-year-old shouldn't be hard to spot. She has several distinguishing features that would be hard to hide. She's described as:

  • White,
  • 5'7",
  • 115 lbs.,
  • Light-brown hair shaved on the left side and longer on the right side
  • Pierced tongue.

The 5-month-old is:

  • White,
  • 2',
  • 12 lbs.,
  • Light-brown hair,
  • Blue eyes
  • Fair complexion.

Cops were only informed of their absence a few days ago when the C.A.S. confirmed they were gone. If you know where they are now, call (416) 808-5100 or Crime Stoppers anonymously at (416) 222-TIPS.

Source: City-TV

Addendum: Police have found the pair. As usual in this kind of case, they were astonished to find that the mother had not harmed her own baby.

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July 13, 2007

Missing mom and son found

By DOUG MCINTYRE

Cops have located a Toronto mother and her infant son reported missing earlier this week.

Toronto police enlisted the help of their Calgary colleagues after Jessilyn Paulhus, 20, and her five-month-old son Ryan Tenhave went missing last Friday.

At the time, it was believed the pair were headed to, or already in, Calgary or B.C.

Although police initially had concerns about the welfare of the infant, both mother and son were found unharmed.

Source: Calgary Sun

Girl Missing

July 10, 2007

The OPP and children's aid society are looking for a missing girl, Tasha Lavigne. The press release is silent about her living arrangements before her disappearance, so it is possible she ran away from CAS custody.

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SooToday.com

Mattawa girl missing

By SooToday.com Staff, Monday, July 09, 2007

OPP NEWS RELEASE

*****************************

Request for public assistance in locating youth

MATTAWA, ON - (July 9) - The Children's Aid Society and the North Bay Ontario Provincial Police are requesting assistance in locating 12-year-old Tasha Lavigne.

Tasha was last seen in Mattawa on Friday, June 22, 2007 and is believed to be in the North Bay area.

Tasha is five-feet, two-inches tall and approximately 120 pounds with dark brown shoulder-length hair and brown eyes.

She has a fair complexion with pierced ears.

She was last seen wearing blue jeans and a brown sweater and black running shoes with burgundy laces.

Any one having information or knowing her whereabouts are requested to call the OPP at 1-888-310-1122 or Crime Stoppers at 1-705-942-7867.

*****************************

Source: Sootoday website (online-only newspaper)

Addendum: The girl was reported found on July 18.

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Police track down missing Mattawa girl

Thursday, July 19, 2007 @ 08:00

Ontario Provincial Police said Wednesday they have found a girl reported missing Monday.

Tasha Lavigne, 12, of Mattawa, hadn't been seen since June 22 when she was reported missing.

Source: North Bay Nugget

Barrie Rally

July 7, 2007

On Friday, July 6 thirty supporters of Canada Court Watch participated in an awareness event at the Barrie courthouse and surrounding areas. Flyers were handed to persons entering and leaving the courthouse for three hours. The manpower was large enough that leaflets were distributed throughout the city concurrently, so all activities were concluded by noon. A barbecue at the waterfront concluded the event.

Here are copies of the flyers:

Jury Disowns Parents

July 4, 2007

A Utah couple, James and Connie Roska, had their children taken without cause in 1999. After years of successful litigation in appellate courts they got a jury trial for damages. The jury awarded them $2 for their suffering.

This case illustrates a prerequisites for reform of child protection. It is not enough to write letters to newspaper editors or politicians. It is important as well to get the message out to people not yet involved with the child protection system.

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Skeptical jury awards just $2 for parents' pain over son's improper removal by state

But 1999 incident helped change family-rights laws

By Kirsten Stewart, The Salt Lake Tribune

Article Last Updated:07/03/2007 08:53:46 AM MDT

Melinda Sneddon, left, and Colleen Lasater
DCFS case workers Melinda Sneddon, left, and Colleen Lasater leave Federal Court on Monday after getting a verdict in their favor regarding the Roska family lawsuit against DCFS. (Francisco Kjolseth/The Salt Lake Tribune)

After watching Utah child-welfare caseworkers drive off with her 12-year-old son, Connie Roska collapsed on the front lawn of her Layton home.

She doesn't remember how she got back into the house.

But the hurt remains fresh for Roska and her husband, James, who testified tearfully in U.S. District Court last week about harms suffered due to Rusty's wrongful removal May 28, 1999. Sleepless nights, a missed graduation ceremony, depression and general distrust of governmental authorities were the suffering for which the Roskas said they deserve compensation.

It wasn't enough to sway a jury, which Monday rejected the couple's injury claim, awarding $2 in nominal damages.

Monday's verdict caps a six-day trial and nearly eight-year legal battle, which helped drive changes to Utah law aimed at safeguarding parents' rights.

But those changes are meaningless, if "you can violate the law without being punished," said the Roskas' lawyer Steven Russell. The Roskas left the courthouse Monday in tears and declined to comment.

The Roskas sued Shirley Morrison, a caseworker at Utah's Division of Child and Family Services, and her two supervisors, Colleen Lasater and Melinda Sneddon. A federal appeals court earlier had ruled the trio violated Utah law - and could be held personally liable - by taking Rusty into protective care without first offering services to his parents.

Caseworkers also violated the 14th Amendment of the U.S. Constitution by taking Rusty without a hearing or warrant, their attorneys acknowledged.

But Utah Assistant Attorney General Matthew Bates asked jurors to "cut these social workers a little slack."

Bates said caseworkers are caring professionals who "work in an extremely demanding and thankless job" and said they followed their training.

"Folks, you don't get damages just because your constitutional rights were violated," Bates said. "This isn't 'The Price Is Right.' [The Roskas] need to prove they were injured."

Caseworkers argued they had no choice but to remove Rusty, who they feared was a victim of abuse, and that removals without due process were common in the late '90s. The practice led Morrison, who worked for the division for one year, to later become an advocate for falsely accused families.

In a taped phone call to the Roskas' attorney, she condemned the state's "Gestapo-style" tactics and agreed to be a witness for the Roskas. That changed when the Roskas sued.

Utah law since has been changed to require a warrant or hearing before removal, unless there's an emergency.

Still, Russell called caseworkers' claims of ignorance "an outrage," citing division training manuals underscoring that removal should be a last resort.

The Roskas alleged caseworkers yelled profanities and shoved children out of their way during Rusty's removal. Sneddon told Roska if she didn't carry Rusty out to the van, she would "drag him up the stairs," Russell said.

A neuropsychologist who examined the family said Rusty Roska, now 21 and living in his parents' home, and his parents display symptoms of post-traumatic stress disorder. Connie has coped by trying to "save the world," working as a parental-rights advocate, while her husband "retreated from the world," Russell said. "He lost the trust of his son and the trust of himself as a father. He still blames himself for what happened."

Bates questioned the Roskas' damage claims, noting each had struggled with mental illnesses before Rusty's removal. "Jim still has a job. Connie runs a day care," he said. "They appear to be living normal lives."

Russell said the Roskas have nearly exhausted their chances to appeal, though they may revive injury claims for their children.

The state had twice offered to settle with the Roskas; once for $100,000 and again for a more generous sum.

Russell said suing the state wasn't an option for the Roskas due to Utah's immunity statute. He fears the verdict will have a chilling effect on future lawsuits. "I can't imagine anyone wanting to go through this after this trial."

kstewart@sltrib.com

The case in brief

  • What happened: A jury found three Utah child-welfare workers owe only $2 in damages for the wrongful removal of a 12-year-old boy from his Davis County home.
  • History: Social workers and school officials believed the boy was a victim of Munchausen's Syndrome by Proxy, a condition in which a parent acts as if a child is ill, or even causes the child's illness. A doctor corroborated his parents' assertion that he suffered from a kidney disorder. Nevertheless, workers took custody of the boy, who returned home after a week in foster care.

    A federal judge had dismissed the parents' lawsuit, but an appeals court ruled the workers were liable for violating Utah law by taking they boy without first offering services to his parents.

Source: Salt Lake Tribune

Rhode Island has Real Child Advocate

July 2, 2007

In January 2005 Rhode Island governor Donald L Carcieri appointed Jametta O Alston to be the state's child advocate press release. Last Thursday she filed a suit alleging that children are being abused and killed in foster care. Contrast that to Ontario, where the child advocate interviews children and urges hiring more foster parents, all while ignoring the 83 children who died last year under CAS watch.

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Governor vows to 'get to the bottom' of foster care lawsuit

The Associated Press

By Eric Tucker, Associated Press Writer | July 2, 2007

PROVIDENCE, R.I. --Gov. Don Carcieri vowed Monday to "get to the bottom" of allegations contained in a federal lawsuit that the state's foster care system is so broken that children have been placed back with foster parents who abused them, shuttled between more than a dozen homes or even killed in foster care.

"Are the allegations in fact true? Do we have any failings in terms of procedure or policy? Do we have possibly some bad decisions being made?" Carcieri said after a meeting with state child advocate Jametta Alston, who filed the lawsuit Thursday. "I don't know any of that right now, but we're going to get to the bottom of it."

Alston brought the lawsuit, which is seeking class action status, on behalf of the 3,000 children currently in Rhode Island's foster care system. The lawsuit cites federal data that show Rhode Island had the nation's highest rate of abuse or neglect of foster care children in five of the six years between 2000 and 2005.

"If we have youngsters that are being abused that are in our care ... I want it to stop now, and I want to get to the bottom of it," Carcieri said.

Ten children were identified with pseudonyms in the complaint, which included disturbing allegations about their cases and the foster care system.

For instance, the suit says the Department of Children, Youth and Families returned two brothers to their parents even though one of the boys had reported being sexually abused by his father. The month after they were returned, the complaint says, one boy had a bruise around his eye and one had a large mark on his neck.

The lawsuit says one 5-year-old boy was sexually assaulted in his foster home, while another child spent time in more than 14 different homes and institutions -- including one where he was allegedly sexually abused by a roommate.

Patricia Martinez, the director of the department -- which was sued along with the governor -- said she could not comment on any of the alleged abuse cases since her staff was still in the early stages of investigating them. But she said she was troubled by the allegations.

"If we find that we failed a system, that a provider failed, then you bet that we will take corrective actions," Martinez said.

Some of the cases are already several years old, so some of the staff members involved in these cases may no longer be associated with the department, Martinez said.

The suit says caseworkers are so overburdened that children might not get a visit from them for months and contends that children languish for long periods of time in the foster care system because the department is slow in finding them permanent adoptive homes.

Carcieri said Monday that Alston had given him the full names of the children cited in the lawsuit. He said he would be briefed Tuesday by DCYF about their cases and that it was possible that caseworkers would be fired if they knew about problems but did not fix them.

Problems at the department came to the public's attention after 3-year-old T.J. Wright died in foster care in 2004. His aunt and her live-in boyfriend have pleaded not guilty to beating him to death. Their cases have not reached trial.

Carcieri and Alston said they did not discuss specifics of the lawsuit during their conversation but instead focused on ways to improve communication. The governor said he had not been aware of the alleged abuse until he read news accounts of the lawsuit.

Lisa Guillette, executive director of the Rhode Island Foster Parents Association, said it's critical that caseworkers have manageable workloads since they're relied upon to identify problems.

"The stories of the plaintiffs demonstrate systemic failure in a lot of ways -- lack of oversight, lack of adequate support for the children and the placements that are serving them," Guillette said.

Source: Boston Globe

Addendum: Here is a copy of the complaint (pdf).

Addendum: The suit came to an end on April 29, 2009. Children's Rights Inc had a hand in creating this lawsuit, though they were not in the headlines when it started.

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Child advocate’s suit over DCYF care dismissed

01:00 AM EDT on Friday, May 1, 2009, By Katie Mulvaney, Journal Staff Writer

Jametta O Alston
Alston

PROVIDENCE — A federal judge has dismissed a sweeping lawsuit that alleged widespread abuse of the children in Department of Children, Youth and Families care, saying the state’s child advocate, who brought the suit on behalf of 10 children, had no standing in the case.

Senior U.S. District Judge Ronald R. Lagueux ruled Wednesday that Child Advocate Jametta O. Alston and others who backed the suit had no authority to proceed because the children they claimed to represent are already in the jurisdiction of the state Family Court, where their guardians had been appointed.

Alston and the child-advocacy organization, Children’s Rights, pursued the suit in June 2007 on behalf of the 3,000 children now in state custody, with the aim to overhaul Rhode Island’s entire foster-care system. The suit alleged children in DCYF care were being molested, beaten and, in one high-profile case, killed. Her suit claimed staff faced excessive caseloads and that too many children were being placed in institutions and group homes, or being reunited with abusive parents.

The suit named Governor Carcieri, Jane Hayward, former secretary of the Office of Health and Human Services, and DCYF Director Patricia Martinez as defendants, and charged that the child-welfare system is underfunded, understaffed and mismanaged.

The state asked that the case be dismissed in arguments before Lagueux in January 2008. Lawyers questioned the remedy sought — namely that Alston wanted the court to take control of the DCYF. They argued the case belonged in Family Court, not federal court.

Governor Carcieri, who appointed Alston, praised the decision. “We are pleased with the ruling as we can now concentrate our time and resources on continuous enhancements to the state’s child-welfare system,” Carcieri said in a news release.

The DCYF has worked diligently in the past few years on improvements that have reduced caseloads and the number of children in residential placements, as well as psychiatric hospitalizations, he said.

Alston planned to appeal, saying the ruling leaves in place a system where some children are languishing and not getting needed services. “I still believe children are suffering in our system,” Alston said.

Recent changes involve early intervention, to keep children out of foster care, but do not guarantee well-trained staff and manageable caseloads, she said.

Lagueux’s decision rested on Alston’s ability to bring suit for the 10 children named. A minor may only bring suit when represented by a “next friend” or guardian appointed by the court. Lagueux questioned the three people acting as “next friends” for the children in the case, saying their relationships with the children were minimal or nonexistent.

One “next friend” had been a foster mother for one child from 1996 to 1998, but had not seen the boy in 10 years. Another knew one boy from her time working as a psychologist for his kindergarten class; she had not seen him since June 2007, Lagueux wrote.

The remaining eight children — three of whom are no longer in DCYF care — were to be represented by an associate professor of sociology at Brown University who had never met them, Lagueux said.

Lagueux said he was reluctant to appoint those individuals because the children already have court-appointed advocates who are representing their interests in cases in state Family Court. The court, he said, is hesitant to find that the “next friends” knew the children well enough to make the decision to prosecute the case on their behalf. It would impose a burden on the children that would likely require them to testify about abuse they had suffered at their own families’ hands, he said.

THE CHILDREN come from five families and range from 2 to 16 years in age, according to Lagueux’s ruling. They include “David T.,” who is institutionalized after being shuffled between shelters, foster homes and mental hospitals from age 2. He is now deemed “too damaged” for adoption.

“Sam” and “Tony M.” entered the state foster system when one was 4 years old and the other an infant. They were allowed to return home, where they suffered brutal physical and sexual abuse. Both boys are now institutionalized and separated.

Lagueux noted that Alston had not been involved in their Family Court cases.

Alston said yesterday that she had chosen the 10 children because their experiences were indicative of rampant problems in the state’s foster-care system. Lagueux’s decision, she said, does not address the failings the suit is trying to stop.

“It only further delays getting relief for these children who so desperately need the assistance of the court,” said Marcia Robinson Lowry, Children’s Rights’ executive director.

Typically, a judge would give a party an opportunity to select another “next friend,” not dismiss the case, she said. “He simply closed the courtroom doors on these children.”

Further, Lowry said, state law empowers Alston to bring suit on the children’s behalf. The child advocate’s stated mission is to protect the legal rights of children in state care and to promote policies and practices that ensure their safety.

Children’s Rights has filed class-action lawsuits over child-welfare systems in 14 other states, winning court-ordered improvements in 9 states and Washington, D.C.

DCYF officials said they will continue to strive for improvements. “DCYF is committed to provide the highest level of services to children and their families, and these many achievements could not have been possible without the hard work and dedication of the DCYF staff, providers and community partners,” said Patricia Martinez, director of DCYF in a news release.

Attorney General Patrick C. Lynch, whose lawyers helped argue the state’s case, stopped short of praising Lagueux’s opinion.

“In ruling on a motion to dismiss, the court must accept as true the plaintiffs’ version of the facts as stated in their complaint. …” Lynch said. “Although we can all agree that our state must do a better job of caring for the children in its custody, it would have been the wrong approach to ask the federal court to assume control of Rhode Island’s child-welfare and foster-care systems.”

kmulvane@projo.com

Source: Providence Journal

Girls Stolen in BC

July 2, 2007

Here is a YouTube video of three girls stolen from mom and dad in British Columbia. Controversial material often disappears from YouTube in a few days, so watch now. The parents describe their own video as:

Added: June 29, 2007
From: abusiveministry

3 sisters taken out of the blue from ... 3 sisters taken out of the blue from their home, separated, isolated, interrogated for months, lied to by the police and social workers. The girls call it jail. They want to see each other more, see their friends, and go home. But BC MCFD have their best interests at heart by antagonizing them to hate the system they have been thrown into. They are not allowed to talk about any thing that happens to them in foster care no matter how outrageous or abusive. If they really have our children's best interests at heart what is BC MCFD trying to hide by not letting the children be allowed to speak out about their feelings and thoughts.

www.abusive-ministry.ca/ — Sign on and tell your story.

The newspaper article below gives some idea of the chaotic state of the social services system in the province, and why it is impossible for parents to get their children back.

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Victoria(British Columbia) Times-Colonist

June 20, 2001

Column: A Closer Look

Jody Paterson

Uncaring bureaucrat the worst of parents

This says it all: One of the things that now counts against you when the B.C. government is deciding whether to take your children away is whether they also took you away from your parents. In other words, child apprehension begets child apprehension.

Each new generation of state-parented children grows into adults who may end up poor parents themselves. With 10,000 or so children in care in B.C. in any given year and 70,000 across the country, it's a substantial concern. I've, heard the explanations as to why the state makes a lousy parent. Too few foster homes, not enough social workers, caseloads beyond reason.

The children are difficult, the parents troubled, the issues complex. And while your flesh-and-blood parents are there for you long after you turn 19, the state hands you a welfare cheque and considers its job done. But if that's how it is, then there has to be a better way.

Because a government that takes messed-up children away from their homes only to mess them up even more has certainly strayed far from the business of child protection.

Listen to the recent court testimony of local social worker David Roy, who did his job so poorly in one ongoing child-protection case that a provincial court judge deemed last month that he'd breached four of his Ministry's laws, most notably not acting in the child's best interests. Asked if he was aware of the rule requiring regular reviews of plans for children in care, Roy told the court, "I'm aware of the standard, and I'm also aware that we are not meeting the standard. Standards are not being met in any particular case in our office, as far as I know." In fact, the child, - now almost four - has been in care most of his life without anyone in government bothering to map out what's needed to raise him right. Roy said he kept his plans "in his head", noting that a 1999 audit found the government complied with its own regulation in less than a third of all cases. That's an improvement; a couple years before that, it was eight percent.

Roy was involved in the case for two years, during which time he never read the child's file, didn't know the boy was aboriginal, didn't develop a care plan, shredded police documents, made up a hospitalization to bolster his case that the father should be denied access, and blocked one parent or another at every turn through 23 court appearances,

The parents were helpless. The act that governs child apprehensions packs plenty of punch when it comes to the government exercising its rights, but has no remedies for wayward social workers.

Roy's supervisors couldn't intervene, as the only one who can yank a B.C.social worker off a child-custody case is the director of child protection. Even the judge had to work hard to find a way to punish Roy. He ordered the Ministry of Children and Family Development to pay $2,000 to the parents' lawyers, Shannon Buchan and Lex Reynolds, in recognition of the lawyers' dogged (and often unpaid) determination to set things right. And he contemplated bringing contempt-of-court charges against Roy, but decided "indifference and neglect" were not sufficient grounds.

Roy was eventually pulled off the case and his other cases have since been audited by the ministry, which isn't commenting I guess it's a win for somebody, although it's hard to say who. The child who sparked it all is still in the custody of the ministry. His parents and their lawyers thought they'd have to answer all sorts of questions when the ministry investigated Roy. But no one ever called.

Source: Victoria Times-Colonist, recovered from Sarnia's Smoking Gun

Barrie Ontario
Community Justice Awareness Event

July 1, 2007

Canada Court Watch has organized an event to draw attention to the children and families adversely affected by Ontario's family courts.

The event will start at 9 am Friday July 6, 2007 in front of the courthouse at 114 Worsley Street, Barrie. Participants may meet ahead of time at the Barrie McDonald's, 85 Dunlop Street West, corner of Toronto Street, from 7:30 to 9. For full details, see the announcement from Canada Court Watch (pdf).

Sham Court Hearing

June 28, 2007

More on the death of Matthew Reid.

Let's review. A girl is taken from mom and dad for reasons not yet published. She is placed for adoption in a forever family along with her siblings But the adoption fails after she assaults her younger sister, and she goes back to foster care. At age 14 she elopes with a man, but is soon arrested for stealing the getaway car. Children's aid treats her like a baby, putting her in a new foster home without alerting the foster family to her history of assault. Within a day she kills Matthew Reid. Now at age 15 she functions at a mental level of a six year old, a condition that could be congenital or drug-induced.

The girl has "pleaded guilty", though in normal legal practice such a plea cannot come from someone with such diminished faculties. Her parents, the crown, hired a lawyer for her who convinced her to plead. A court is now deciding whether to punish her as an adult. In doing so, it avoids the question of whether to punish the social workers as adults.

The money grabbers are not done with this case. Tony Van Schie, probation manager of youth justice services in Niagara, is maneuvering for $100,000 per year on behalf of the girl.

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Mental capacity key in sentencing of teen who murdered toddler

By Amy Lazar, Standard Staff

Thursday, June 28, 2007 - 01:00

Local News - Fidgeting and unable to sit still, the 15-year-old girl awaiting her sentence for the second-degree murder of toddler Matthew Reid had a hard time paying attention in court Thursday.

The girl, whose identity is protected by the Youth Criminal Justice Act, is at the “cognitive age of six,” said Dr. Lindley Bassarath, referring to his recent interviews with her and a psychological assessment done last year.

“She can be treated, yes, but how much she can gain from the treatment is the question,” Bassarath said from the witness box in a St. Catharines courtroom.

The psychiatrist, an assistant professor at the University of Toronto and head of adolescent services at the Centre for Addiction and Mental Health, was the first of six experts to be called before Judge Ann Watson to provide insight into whether the girl should be sentenced as a youth or an adult.

The Crown is seeking an adult sentence.

The girl pleaded guilty to second-degree murder on Jan. 22, a little more than a year after three-year-old Matthew was found dead, suffocated and smeared with blood in his bedroom.

It happened the morning of Dec. 15, 2005 — less than a day after the girl arrived at the Welland home where both children were in foster care.

At the time, the girl was 14 and had lived in various foster homes before being adopted along with her biological brother and sister.

She was later removed from the home after assaulting her sister and was placed under foster care in Niagara Falls.

While in that home, she started a sexual relationship with a man and later stole her foster family’s van to meet him at a hotel room.

She was arrested and charged, and upon her release, placed in the Welland foster home where Matthew was living.

Matthew’s mother said he was placed in foster care because the Haldimand-Norfolk Children’s Aid Society believed she suffered from depression, though she denies she was an unfit mother and still has custody of a second son.

Calling the girl’s behaviour pattern into question, assistant Crown attorney Patricia Vadacchino asked Bassarath about a diagnosis of fetal alcohol syndrome.

A lack of information from her biological mother made it impossible to formally diagnose the girl, but Bassarath said she exhibits symptoms of suffering from an alcohol-related neurological developmental disorder.

She also has a mild intellectual disability, an attachment disorder and attention deficit hyperactive disorder, Bassarath said.

For more than a year, the girl has been in custody at a youth centre, where she has been under close supervision, receiving school instruction and counselling.

Moving her to an adult institution for the remainder of a sentence would disrupt her, Bassarath said, and it would also put a girl who is easily persuaded in the company of older women with poor social skills, which could cause problems.

The court also heard from Terri Austin, a parole supervisor with Correction Services of Canada, who explained that the Grand Valley Institution for women in Kitchener has a program for offenders with special needs.

However, it is a short-term program that transitions women into the regular prison routine, which is not as highly supervised, Austin said.

The downside of placing the girl in an adult institution is that she won’t be able to access the rehabilitative program through the Ministry of Child and Youth Services, said Tony Van Schie, probation manager of youth justice services in Niagara.

Van Schie told court up to $100,000 of federal funding per child per year is available and the girl’s mental health issues make her a good candidate for the program.

Court will resume Aug. 7 in St. Catharines.

Source: St. Catharines Standard

André Marin Reports

June 28, 2007

Ontario Ombudsman André Marin has released his Annual Report 2006-2007. Mr Marin recognizes that readers are more likely to respond to an entertaining report than a dull one, and has livened up the presentation with clever language and cartoons. Below we include the portions relating to children's aid societies.

The Ombudsman has posted the transcript of today's online chat.

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BEYOND SCRUTINY

At times we in the Office of the Ombudsman have to say “no” – and not only to complaints that do not have merit. We are forced to say “no” thousands of times a year to citizens with serious problems because of a discreditable technicality: We do not have jurisdiction. We have been shut out of what I like to call the MUSH sector, which stands for municipalities, universities, school boards, hospitals and long-term care facilities, and other organizations such as police and children’s aid societies. These areas consume the bulk of provincial budgets, and more importantly, they represent the most serious contacts that Ontarians can have with their government. Yet they are immune from our scrutiny.

Over the last year, I have continued the quest to offer oversight in these critically important areas, but to no avail. It is not a mission I initiated. Ever since the great Arthur Maloney, the first Ombudsman of Ontario, filed his 600-page post-retirement report in 1979, my predecessors have been calling for the modernization of this Office’s mandate. It has not happened in Ontario, even though most other provincial ombudsmen have jurisdiction over most of these critically sensitive sectors.

The failure of Ontario to permit its citizens to seek shelter in my Office when things go wrong within these zones of immunity is not due to lack of demand. As the next section of this report – “Oversight Denied” – documents, we have had to decline nearly 2,400 pleas for help involving the MUSH sector this past year alone. Thousands of Ontarians are seeking our help in areas that our statute and our website make clear are outside our purview. How many more complaints would we have if we could act on them? And support of Ombudsman oversight in these areas is not limited to those who are desperately seeking help – an online poll conducted by the Toronto Star in May 2007 indicated that of more than 1,800 respondents, some 94% were in favour of ombudsman oversight of Ontario hospitals.

It is not as if our Office is not up to overseeing these areas. As this report chronicles, our systemic investigations have been done professionally, efficiently and inexpensively and have produced a perfect track record of improvement. Our work has saved tax dollars, improved the quality of life of those who have sought our aid, and without the pain, uncertainty, expense and delay of litigation.

Nor can it be said that the MUSH sector is not in need of independent oversight. As the next section of this report explains, while there are bodies with jurisdiction over some of these areas, deeply disturbing gaps remain. Moreover, none of the empowered agencies has the same combination of independence, investigative experience and investigative powers as the Ombudsman’s Office.

Consider, for example, children’s aid societies (CASs). While spending irregularities at CASs are now subject to the review of the province’s Auditor General, their child protection policies and practices – which if flawed can literally be a matter of life and death for a child – are still not subject to investigative review or a rigorous complaints system.

The legacy of Jeffrey Baldwin, whose terrible death in 2002 highlighted failings in Ontario’s ability to safeguard our children, should have been the establishment of a powerful, independent mechanism to oversee and investigate CASs. Instead, when the Child and Family Services Statute Law Amendment Act, 2006 was proclaimed in force in November 2006, it simply provided for the limited expansion of the Child and Family Services Review Board’s mandate. The board may well be an effective adjudicative tribunal, but it has neither the power to conduct investigations in response to complaints nor the ability to address systemic problems.

In response to my advice that these new provisions fell far short of what was required, the government touted the review board – which remains an agency of the Ministry of Children and Youth Services – as “an independent, arm’s-length third party.” It described the new complaints process as “smoother, stronger and more objective” and even suggested that my Office would play a “key role” as a “critical check and balance,” because ultimately we would have jurisdiction to consider complaints about the Child and Family Services Review Board. What this fails to acknowledge is that my role in such cases would be restricted to investigating only the conduct of the board itself. I continue to be blocked from effectively investigating the complaints it receives against CASs.

To compound this situation, instead of being empowered to tackle significant issues regarding child welfare protection policies and practices, the board’s authority is largely focused on procedural defects relating to the administration of CASs. Substantive complaints regarding the services sought or received from children’s aid societies remain subject only to internal review. The promise of a system of external, transparent, and accountable oversight of the complaints process was never kept. While the government has also put forward Bill 165, the Provincial Advocate for Children and Youth Act, 2007, which establishes the creation of a new legislative officer to advocate on behalf of Ontario’s children and youth, this positive step is only a very small part of what is needed to ensure an effective system of protection for Ontario’s children. A strong, independent investigative oversight mechanism for complaints is still glaringly absent in Ontario.

ZONES OF IMMUNITY

As these recent inadequate legislative changes relating to the child protection area illustrate, the government has clearly chosen to keep this zone immune from Ombudsman oversight. As well, it has introduced legislation touching on oversight of the police (Bill 103, the Independent Police Review Act, 2007) and dealing with municipalities (Bill 130, the Municipal Statute Law Amendment Act, 2006), and largely shut us out of both. It has also refused to endorse opposition bills that would give my Office jurisdiction over children’s aid societies, school boards, hospitals and long-term care facilities.

All of this leaves unanswered the question of why government policy-makers have resisted strengthening oversight of the MUSH sector. I have heard rationalizations that range from standard excuses to the truly bizarre and unacceptable. For instance, it has been proposed that individuals can always launch a lawsuit if they are unhappy – an expensive, time-consuming and acrimonious process that would be out of the question for many Ontarians. In the case of children’s aid societies, it has even been suggested that the coroner’s pediatric death review committee was somehow an adequate stand-in for the Ombudsman – even though, unlike that committee, we would not have to await the death of a child to intercede. Then there’s the “we have always done it this way” excuse, which was used to explain the illogical exclusion of the Ombudsman from police oversight. The most incredible explanation might be the “it’s premature” evasion offered by the Ontario Hospital Association, advising that we should wait and see how the province’s praiseworthy but irrelevant “adverse events reporting” initiative works out.

I am reluctant to appear cynical, but it seems the real reason for all this is self-interest. Why would a government resist bringing this Office’s scrutiny into areas costing the provincial purse tens of billions of dollars? The short answer is because it can. If you and those who report to you have been permitted to do your work without someone looking over your shoulder, why would you want to change that? This, however, is not about politics but an important public principle. Institutions that receive funds from the province to perform a public duty should be subject to the full panoply of checks and balances, not some watered-down or incomplete version that allows them to operate in a zone of immunity. Until the Ombudsman’s mandate is modernized, thousands of Ontarians will have no recourse to an independent investigative oversight body in critically important areas of their lives, and the Office will remain powerless to help them.

A PARTING PROMISE

Since I have pursued the theme of promises here, let me end by making a few more on behalf of my team. We pledge to continue to work hard to hold the government to the promises that it has made and to put the “serve” back in public service. As well, we will continue to work to roll back zones of immunity and extend the remarkable tool of ombudsmanry to those Ontario citizens who experience problems in their dealings with their cities and towns, their schools, their hospitals, their police, and the child protection system.


OVERSIGHT DENIED

Unlike in other provinces, the Ombudsman of Ontario does not have jurisdiction over what can be called the MUSH sector (comprising municipalities, universities, school boards and hospitals and long-term care facilities, as well as children’s aid societies and the police). In the past year, our Office has had to decline thousands of complaints because of this. The breakdown is as follows:

Selected Non-Jurisdictional Complaints and Inquiries Received During Fiscal Year 2006-2007 Total: 2,395
Universities 37
School Boards 102
Hospitals and Long-Term Care Facilities 237
Police and the O.C.C.P.S.* 376
Children’s Aid Societies 600
Municipalities 1043

* Ontario Civilian Commission on Police Services


CHILDREN’S AID SOCIETIES

The Ombudsman continues to receive hundreds of complaints about children’s aid societies (CASs) – 600 in the past year, up from 436 in 2005-06 – but cannot investigate them. Many of these complaints and inquiries were from families concerned about the welfare of children under CAS care. Some alleged that children were sexually abused while in care, while two distraught families expressed concerns about the adequacy of CAS supervision after their children had died. Others spoke of retaliatory actions taken by CAS staff when families had complained. Some complainants were upset about CAS staff failing to exercise a duty of care; others that they overreacted where they should have shown restraint.

In December 2006, in response to the provincial Auditor General’s first-ever audit of children’s aid societies under an expanded mandate (he reviewed the four largest), the Ministry of Children and Youth Services announced the creation of an Accountability Office to monitor CAS performance. However, to date, children and their families have no recourse to an independent oversight body to investigate complaints about services sought or received from Ontario’s 53 children’s aid societies – a situation that does not exist in any other province.

“Mr. Marin isn’t asking for anything more than to simply answer the hundreds of complaints he receives every month. Until you’ve lost a child or have had your rights trampled on, you’ll never quite know just how important the Ombudsman’s job really is.”
– LETTER TO THE EDITOR, NEWMARKET/AURORA ERA BANNER, JULY 6, 2006

In December 2005, the Ombudsman appeared before the Standing Committee examining Bill 210, which amended the Child and Family Services Act. He urged that it be changed to allow the Ombudsman to investigate complaints about CASs. Instead, the amended Act – which came into force on Nov. 30, 2006 – merely broadened the adjudicative authority of the Child and Family Services Review Board. The regulations confirm that complaints about the accuracy of a CAS file or record must go through the CAS’s internal process before being raised with the board. The board has paltry remedial power, including steps such as ordering a “note of disagreement” to be added to a complainant’s file, confirming a CAS’s decision, or ordering a CAS to provide written reasons for a decision. Moreover, complaint areas within its jurisdiction are essentially procedural. The type of complaints that may be raised include, for example, that a CAS has failed to respond to a complaint within the required time frame; failed to comply with the complaint review procedure; failed to give a child or parent an opportunity to be represented when decisions affecting their interests are made; or failed to provide reasons for a decision. The board does not investigate complaints about the conduct of children’s aid societies and there remains no independent external body that can do so.

The limitations of this framework mean serious cases where children are being hurt or in danger will continue to fall through the cracks – and families will have nowhere to turn for independent investigative help. The Ombudsman recently had to turn away two such families:

THE STORY OF “J”

Eight-year-old J had been diagnosed with and treated for a number of psychiatric conditions when he was made a temporary ward of the CAS and placed in a group home. While there, he was prescribed additional medication. J’s grandparents became progressively concerned about his medication regime, and what they viewed as his deteriorating condition. They claim the CAS did not listen to their concerns. They were eventually able to obtain guardianship of J, supported by a psychologist who criticized the high doses of psychotropic drugs he had been subjected to while in CAS care. After a 10-month period of detoxification, J is now thriving. His grandparents raised a number of concerns with the Ombudsman, including the society’s refusal to act on their concerns, threats of loss of visitation while J was in the group home, failure to disclose alleged sexual abuse, and refusal to respond to their letters. We were forced to decline their complaint as out of our Office’s jurisdiction.

THE STORY OF SERENA AND SOPHIA CAMPIONE

After three-year-old Serena Campione and her one-year old sister Sophia were found dead in a Barrie apartment in October 2006, their mother was charged with two counts of first-degree murder. The deaths took place in the midst of acrimonious divorce proceedings and allegations of domestic assault against the girls’ father, Leonardo Campione. The girls’ mother had reportedly been hospitalized three times in the previous year for psychiatric problems, and the girls had been cared for by their paternal grandparents. After the tragic death of his daughters, Mr. Campione complained to the Ombudsman that the CAS staff responsible for supervising his children while in their mother’s care were negligent. He did not understand how his estranged wife, who had displayed such difficulty in caring for the children, could have been allowed custody. The Ombudsman is powerless to investigate his allegations, and the Child and Family Services Review Board does not have the power to investigate the actions of the CAS. Nor does it have the power to review systemic issues such as what process the society has in place to deal with placement and supervision of children when a parent has suffered acute psychiatric problems. These issues could potentially be examined by the Ontario coroner’s pediatric death review committee or a coroner’s inquest, given that the children are dead. However, there is no opportunity for independent investigative oversight to address errors of the kind alleged before they become fatal.

On April 5, 2006, MPP Andrea Horwath introduced a private member’s bill, Bill 88, the Ombudsman Amendment Act (Children’s Aid Societies), 2006, proposing that the Ombudsman be given authority to investigate the conduct of children’s aid societies. The bill died when the House was prorogued on June 5, 2007.


ANOTHER MISSED OPPORTUNITY

“Despite all the government rhetoric that ‘children are our future,’ we in Ontario are choosing to rid ourselves of hundreds of these serious allegations every year by taking a trip to the dumpster and looking the other way.”
– OMBUDSMAN’S SUBMISSION ON BILL 165

On April 24, 2007, the Ombudsman made a submission to the Standing Committee on Justice Policy regarding Bill 165, the Provincial Advocate for Children and Youth Act, 2007, which made the Provincial Advocate for Children and Youth an Officer of the Legislative Assembly. He noted that while a welcome voice for children, the Advocate, unlike an Ombudsman, would have no investigative powers. Citing the hundreds of complaints about CASs that must be turned away from the Ombudsman’s Office every year, he repeated his call to be allowed to investigate children’s aid societies. Two members of the Committee moved that the Ombudsman’s authority be extended in this way, but were ruled out of order. The bill was passed and given Royal Assent on June 4, 2007.

Source: Annual Report 2006-2007 (pdf)

Rent Your Uterus!

June 26, 2007

Here is a new business opportunity for healthy Canadian women: rent your uterus to a foreign couple. Canadians have a price advantage over Americans because the Canadian health care system treats the pregnancy at no cost to the family. Canadian doctors are used to seeing a stranger take a newborn baby, so that won't attract any attention. Because there are regulations restricting compensation to surrogate mothers, a minor in money laundering is a helpful adjunct.

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Health: CROSS-BORDER REPRODUCTION

Canada: destination for infertile couples

An increasing number of foreigners are choosing Canadian surrogates because the practice is illegal in their home countries

MARY GAZZE

Special to The Globe and Mail

June 26, 2007

Infertile couples from France, Italy, Sweden and Australia are travelling to Canada to have a Canadian surrogate give birth to their children.

An increasing number of foreigners are making the choice because surrogacy is illegal in their home countries.

Between 200 and 400 couples from France alone have turned to Canada or the United States, according to Maia, a French association that supports infertile couples.

Christine and Thierry are one of those couples.

Christine, 28, has a birth defect that prevents her from carrying a child. She and Thierry, 30, her boyfriend of three years (they asked that their real names not be used), live in Paris and found out about surrogacy from another French couple who went through the process in Canada.

For Christine and Thierry, the long search led to a British Columbia woman. They met her once in March, and they talk with her daily over the Internet.

"We consider them [the surrogate and her husband] as friends," Christine said. "She is not just an oven."

In mid-June in Toronto, their new friend was implanted with two embryos, created using donor eggs and Thierry's sperm.

Christine said she is "happy to have a child who will look like the man I love." And she appeared pleased with the Canadian connection: "We feel more Canadian than American. I mean, I think their mentalities are more similar to ours."

Joanne Wright, who helps both Canadian and foreign couples connect with potential surrogates through her company, Canadian Surrogacy Options, said many foreigners "feel a real affinity to Canada - they almost feel at home."

Nobody keeps official numbers, but Ms. Wright estimated that, in the last five years, the number of international couples coming to Canada has more than doubled.

She said about 15 per cent of the 50 to 60 couples she sees each year come from abroad, many from France and Australia. They seem remarkably trusting.

"It surprises me how often I go to my mailbox, and there's just paperwork in there and a cheque, and nobody's called to say it's coming," Ms. Wright said.

Battling with the cost

Surrogacy can be expensive in Canada, and some couples struggle financially to cover drugs, embryo transfers, lawyers, psychological exams and other costs, with no guarantee it will work on the first try.

Some take out a second mortgage or ask their parents for money.

Foreign couples face the increased financial burden of travel. Christine estimated that the whole process, including flying the surrogate and her husband to France for a visit, will cost $60,000.

But surrogacy could cost foreigners much more if they break the law in their own country.

French couples could be fined $23,000 and face up to a year in prison.

In Italy, people risk a fine of up to $1.5-million and two years in jail.

Ms. Wright suggested there may be other reasons why foreigners are attracted to Canadian surrogacy, including the health-care system.

Ontario pays pregnancy and delivery costs of a surrogate who lives in the province, regardless of where the intended parents of the child come from.

"If an Ontario woman acting as a surrogate meets the eligibility requirements that the ministry demands for health insurance coverage, then she would be covered ... just as anyone else would," a spokesman for the Ontario Ministry of Health and Long Term Care said.

Delivering a child costs the system about $800, but the spokesman said the ministry does not track the cost of an entire pregnancy, from conception to delivery.

"In Canada, you get more bang for your buck," Ms. Wright said.

"In the States, it's really big business. It's just a lot more expensive."

Would-be parents who go to the United States have to pay hospital and medical fees that they wouldn't in Canada.

In the United States, surrogates can receive financial compensation. Canada's Assisted Human Reproduction Act prohibits surrogates from making a profit, but allows them to be reimbursed for expenses as long as they can produce receipts.

Health Canada is not sure yet what is an acceptable expense, or how much a potential cap could be.

"Right now there's no regulations, so ... basically as long as there is an expenditure, you can reimburse," said Francine Manseau, a senior official at Health Canada's Assisted Human Reproduction Implementation Office.

"My contracts say the [intended parents] pay all reasonable expenses - that doesn't include a trip to Europe to see what the finest maternity clothes look like," said Larry Kahn, of law firm Kahn Zack Ehrlich Lithwick, in Richmond, B.C.

Mr. Kahn is one of a handful of Canadian lawyers who draw up the surrogacy contracts, which ensure everyone is tested for diseases and has been psychologically assessed.

Mr. Kahn said costs can include food, transportation for doctor visits, folic acid, maternity clothes, massage therapy and fitness expenses. Couples also pay for postpartum care - expenses that can run up to $15,000.

Ms. Wright added that surrogates have claimed phone and Internet bills to keep in contact with the couple, and child care for their existing children.

Some surrogates make cash

Christine said she and Thierry will do everything in accordance with Canadian laws to make sure they bring their baby home.

But other couples are dishing out more than expenses, and at least some surrogates are pocketing that extra money.

Penalties, which can include 10 years in jail and a fine of half a million dollars, are not being enforced until a new agency, Assisted Human Reproduction Canada, sorts out the details in the next few months.

The Health Canada agency, which held its first meeting in March, is designed to regulate the growing field of new reproductive technologies.

In rare instances, posts on infertility message boards tell surrogates looking to receive more than their expenses to use cash, the online payment system PayPal, or offshore bank accounts.

In a March post on an assisted reproduction message board, ivf.ca, a user conceded that some surrogates are receiving more money than their expenses, but denied doing so herself.

"The contracts are being 'done by the book,' but that is not what is going on. People are still making their own separate agreements verbally.

"Obviously, I can't speak for every arrangement, but all the people I know are not doing it for 'expenses only'... The law didn't stop compensation at all, people just figured out how to keep doing it ...

"The government hasn't enacted the board yet that will investigate and enforce the new legislation and I think that's another reason why people aren't too worried.

"If you watch these ads regularily (sic), you still see Canadian couples offering 'generous compensation' or surrogates writing 'fee negotiable.' "

Ms. Manseau said Health Canada will scrutinize clinics to make sure everything happens by the book.

"There are inspectors at Health Canada that have started to visit the clinic, and provide some information," she said.

But Carole Craig, manager at fertility clinic IVF Canada in Toronto, said that because the regulations have not been set, her clinic has not seen inspectors.

"If they found any clinic doing something outside the realm of what the legislation has proposed, they would not get very far with it because they have not provided anybody with any framework," Ms. Craig said.

Citizenship and Immigration Canada would not confirm what implications a surrogacy arrangement may have on the Canadian citizenship of the child.

"We don't comment on hypothetical situations," said Philippe Mailhot, the press secretary at the Citizenship and Immigration Minister's office in Ottawa.

"This is a very specific question as to potential review."

But Audrey Macklin, who teaches citizenship law at the University of Toronto, said birth by surrogacy is no bar to being Canadian.

"As long as the child is physically born in Canada," she said, "there's no question of citizenship."

Sharing the load

As for Christine and Thierry, they have learned to rely on the kindness of strangers - or at least, their new friends across the sea.

"We really had no other choice than trusting people so far away, and we were very lucky because we got along with the surrogate and her husband very easily," Christine said.

"We think it's a great experience to share such a journey with a couple from a foreign country."

But, she admitted, it isn't easy.

"We feel very alone in the process - it can be very risky because we could have met bad people who could take all our money."

Yet they are taking those risks, putting their faith in people a world away because, as Christine said, "Our desire for a baby is bigger than everything."

Surrogacy contracts

Larry Kahn, of law firm Kahn Zack Ehrlich Lithwick in Richmond, B.C., is one of a handful of lawyers who write surrogacy contracts. Mr. Kahn drafts up to 20 surrogacy contracts each year, with one or two of them for foreign couples. The contracts:

Require appropriate medical testing, including STD and psychological testing.

Call for the surrogate and intended parents to follow the advice of their obstetrician.

State the maximum number of children the couple wants from the pregnancy.

Outline any removal of embryos in case of disease or if there are more viable embryos than were agreed upon.

Clarify that although the surrogate mother is the legal mother at birth, she gives custody to the intended parents.

Cost up to $2,500 to be drawn up.

Mary Gazze

A SURROGATE'S TALE

Maria (who asked that her real name not be used) started researching surrogacy after seeing a friend suffer multiple miscarriages. Last year, the 33-year-old surrogate gave birth to a girl, who is now living with a couple in Australia.

"We're talking birth, labour, medication for four months, a complete interruption in your life," she said about the process.

She at first had reservations about working with an international couple, but liked the Australians because they spoke the same language.

She was aware of the risks associated with surrogacy - the same risks associated with any pregnancy - but still went through with it because she felt the couple would make good parents, and the risks weren't too high.

"Pregnancy is pregnancy; giving up your liver is forever," she jokes.

To prepare for the embryo transfer, she had to inject herself with drugs for four months and deal with some negative reactions from her neighbours.

"I was told it was against God from a lady down the street," she said.

She said people need to understand why she was a surrogate before they criticize her choice. "Until you humanize something, it's easy to be judgmental," she said.

After a healthy pregnancy, the Australians were with Maria when she gave birth in a Vancouver hospital.

In Canada, the mother who gives birth is the legal mother, and hospital staff asked Maria if she wanted to hold the baby. "I said, 'Ask the parents,' " she said. "In no way, shape or form did we emotionally, physically, mentally think that this baby was ours," she said about herself and her husband.

Since the birth, Maria talks with the couple on a monthly basis, and she and her family plan to visit them in Australia in five years.

Maria said she had such a good experience being a surrogate that she has now offered to be a surrogate for an American couple.

Mary Gazze

Source: Globe and Mail

Judy Finlay Reports

June 25, 2007

Last week Judy Finlay released a report We are your Sons and Daughters (pdf). Her office did not respond to requests for a copy, but we have found one on the internet.

Press reports concentrated on her conclusion that foster care produced better results than group homes.

The research team interviewed a sample of children in the care of three of the four children's aid societies that were the subject of the Ontario Auditor General's report last December. That research method prevented discovery of the most serious problems, since children living in fear of their fosters find it too dangerous to be candid about their problems. The advocate never looked into the abuses used to separate children from their parents.

The average number of placements per youth was 3.9, found by asking the sampled children. In principle, this figure could be found more accurately by examining the records of the children's aid societies. Perhaps even the child advocate has trouble getting the records.

The report confirms one abuse reported frequently by Canada Court Watch — foster parents embezzled the kids' money. As the report states it: "Didn't get clothing allowance (very common complaint)".

The report recommends: "That there be a public inquiry into the standards and quality of care afforded children in state care across Canada". A good idea sure to be ignored. Any inquiry will use the same method as Mrs Finlay: evidence gathered in private from witnesses never named.

A few of the kids mentioned their mom and dad in answer to the research questions. The report itself never uses the words mother or father, except as foster parents. While ignoring the resource of parents, the child advocate calls for the recruitment of more foster parents.

Rally in Barrie

June 22, 2007

Canada Court Watch is planning another rally in Barrie for Friday July 6. There will be no further public announcements. If you are interested you must register for more information.

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by: CourtWatch
Posted: Sat Jun 16, 2007 4:49 am
subject: Rally and Barbecue on Friday July 6 in Barrie

Court Watch will be hosting its second annual rally in Barrie on Friday July 6, 2007. Persons wishing to attend or willing to help out with this event are asked to pre-register by sending an email to info@canadacourtwatch.com to let us know if you will be attending and how many will come with you. The event last year was a good success for the adults and children who attended. Persons are needed to hand out flyers at the court and throughout Barrie and surrounding communities.

We want to ensure that there is enough food for everyone who attends so your confirmation of attendance would be very much appreciated. Further information about the event will be sent to only those who indicated their attendance.

Children are welcome to attend. Swimming, mini-golf and kids playground are located in Barrie.

Source: Canada Court Watch forum

Trial on Adoption Disclosure

June 22, 2007

The challenge to the Adoption Information Disclosure Act will be heard next week. Below is the announcement from COAR.

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June 22, 2007

Dear friends,

The Constitutional challenge to Bill 183, The Adoption Information Disclosure Act (AIDA) is about to begin! It will begin at 10:00 AM on next Monday June 25th, in Toronto at Osgoode Hall (attached to 361 University) in courtroom #6, and then again on Tuesday June 26th and Wednesday June 27th.

The bad news is, we have just heard, that the courtroom is very small. It could probably accommodate only five or six supporters. For that reason, if you were planning to attend, we have to advise you that there is seating only on a first-come-first-serve basis.

The COAR Co-ordinating Committee - Wendy, Michael and Karen - will be there to monitor the entire proceedings.

Given that the great majority of you won't be there, we will do our best to keep you informed about the proceedings.

In solidarity,

The COAR Co-ordinating Committee

Michael Grand
mgrand@uoguelph.ca

Karen Lynn
ccnm@rogers.com

Wendy Rowney
wrowney@rogers.com

Source: email from COAR

Addendum: The arguments in the challenge to the Adoption Information Disclosure Act have been completed. A decision can be expected in August.

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A Bulletin from the COALITION for OPEN ADOPTION RECORDS (COAR)

June 27, 2007

Dear friends,

The arguments are all over. Yesterday afternoon the arguments challenging the Adoption Information Disclosure Act (AIDA) and its defence by the Government of Ontario and COAR, the intervenors, concluded.

The arguments essentially focused on section 7 of the Charter of Rights and Freedoms. There were very lengthy debates about whether or not privacy is a "principle of fundamental justice". Judge Edward Belobaba said that under section 7, everyone has a right to "life, liberty and security of the person", but the government can take 'a right' away as long as they do it in accordance with the principles of fundamental justice. Hence, the issue at hand is, "Does AIDA violate a principle of fundamental justice?" While many of the questions posed over the two days of the hearing may appear to have common-sense answers, our lawyers reminded us that this is a legal battle and all points must be legally sound rather then simply common sense.

The applicants' lawyer, Clayton Ruby, cited many cases to support his thesis that privacy is a principle of fundamental justice and that it was violated. Janet Minor, arguing for the government of Ontario, made many excellent clear points. For example, she said that everyone would agree that "the best interests of the child" is a legal principle, but it is not a principal of fundamental justice because it may be subordinated if necessary. So, for example, a parent may be sent to jail for robbery even though it may not be in the best interests of the child for the parent to be away for years. There are many legal principles that we all support, but they are not necessarily elevated to principles of fundamental justice

When talking about the adoption order, Ms. Minor made the point that it contains the name of the adopted person at birth. As you know, the surname of the adopted person at birth is usually the mother's surname. Therefore, the adoption order contains the name of two people: the adopted person and his or her mother. Ms. Minor argued that the difficulty is, you don't even know to whom it applies because the information is about two people.

COAR's lawyer, Ivan Whitehall, was accompanied by two junior lawyers and a law student. Showing his very considerable expertise in constitutional law, he gave a robust challenge to Ruby's views on privacy as a principle of fundamental justice. His critique focused on how Ruby had failed to come up to the mark. He also challenged Mr. Ruby over the notion that AIDA is retroactive saying that it is not retroactive, it is retrospective legislation because, although it deals with past events, the legal effect is in the future.

Mr. Whitehall delivered a stirring presentation in defence of "unwed mothers and bastards" in which he claimed that we were discriminated against historically - for centuries. In so doing he was invoking section 15 of the Charter, the famous "equality clause". It was a very emotional moment for many of us in the courtroom, to say the least. It really felt, for the first time, that there was recognition for the historical and discriminatory affects of adoption laws in Canada on those of us who have always had the fewest choices.

Now we wait and see what Justice Belobaba has to say. He had said at the being of the trial that this would be a difficult case to make and that the applicants had the toughest job. He seemed to be a very fair man, but he may not personally support openness unless both sides agree to it. Despite his feelings, he said that he will make his decision based on the arguments presented and not on his own views. He said that he planned to report his decision by the end of August.

Michael Grand
mgrand@uoguelph.ca

Karen Lynn
ccnm@rogers.com

Wendy Rowney
wrowney@rogers.com

The COAR Coordinating Committee

Source: email from COAR

Judge Saves Girl from Marijuana

June 20, 2007

Sarnia judge Mark Hornblower has saved a girl from a mother who gave her marijuana. Now that the girl is no longer in her mother's custody, she can expect prescriptions for Celexa, Risperdal, Trileptal, Ritalin, Concerta, lithium and olanzapine, all administered by force of arms. We congratulate Judge Hornblower for saving this otherwise doomed girl.

In case you are wondering, a mother who does not want to be named watched her child get all of the drugs in the list.

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The Sarnia Observer

Pot used to 'control' girl's hyperactivity; Judge calls it 'extreme' abuse, sentences mother to nine months of house arrest

Bowen, Neil

Tuesday, June 19, 2007 - 16:00

Local News - A Sarnia woman who used marijuana to control her eight-year-old daughter's hyperactivity was placed under house arrest for nine months Monday.

The 34-year-old mother pleaded guilty in Sarnia court to marijuana trafficking because she gave the marijuana to her child.

Outside the courtroom federal prosecutor Michael Robb said the child was given marijuana several times a week, but there was no indication how long it had been done.

Tests showed residual evidence of marijuana in the child's system.

The Children's Aid Society was notified of the problem after the girl told a teacher she was taking marijuana. The mother was charged in fall of 2006.

Justice Mark Hornblower called it "extreme" abuse and said the mother did not appear to fully understand how wrong it was.

The court heard the mother had been suffering from depression.

Defence lawyer David Stoesser told the court the mother was responding to treatment. But Robb said the follow-up to initial treatment has been a problem.

The woman had no prior criminal record and Hornblower said sufficient resources to help the woman could not be provided if she was in a jail setting.

During house arrest the woman must undergo counselling and is prohibited from using drugs or alcohol, and she cannot allow anyone with drugs into her house.

Also, she can be instructed to undergo drug testing and police can enter her home at any time to ensure she is complying with the conditions.

Following the house arrest she will be on probation for two years, during which she must continue counselling.

Contact with her daughter must be approved by authorities or in accordance with a family court order.

There can be no reuniting with her daughter unless she takes the needed steps, Hornblower said.

The woman's name has not been published to protect the child.

Source: Sarnia Observer

Parents to be Criminalized

June 20, 2007

To achieve the worthy goal of reducing the level of spanking of children, reformers are proposing a change that would criminalize the most trivial use of force on a child. In the future all parents will be criminals.

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Parents could face spanking charges

Justice department lawyers warn. Strapping toddlers into car seats could lead to assault prosecutions if law changed

ELIZABETH THOMPSON, The Gazette, Tuesday, June 19, 2007

Removing the parental defence in the Criminal Code to prevent parents from spanking their children could lead to parents being slapped with assault charges for something as simple as trying to strap a screaming toddler into a car seat, Justice department lawyers warned a senate committee yesterday.

Testifying before the Standing Senate Committee on Human Rights yesterday, justice department officials Gillian Blackell and Elissa Lieff warned the threshold for charges of simple assault is very low and the Criminal Code is a very blunt instrument.

Technically, all that is needed is the intent to apply any force against someone's will, they said.

Thus, without Section 43 of the Criminal Code which allows parents to use reasonable force by way of correction, parents could easily face criminal charges, they warned.

"If Section 43 was simply repealed, any non-consensual force that a parent or teacher uses on a child or pupil could be an assault, given the broad definition under the Criminal Code," Blackell said.

"There would no longer be a statutory defence to criminal charges where the force used is minor corrective force of a transitory or trifling nature," she said.

"Parents who physically put a reluctant child in a car seat or remove a child to their bedroom for a time-out are applying non-consensual force and could be convicted of simple assault," Blackell added.

The Supreme Court has already put limits on the way in which parents can use force to correct their children's behaviour, they added.

The justice officials were the last to testify yesterday as the committee wrapped up its hearings into a bill tabled by Quebec Liberal Senator Celine Hervieux-Payette, which could open the door to parents who routinely spank their children facing charges of assault.

The bill, which goes to clause by clause consideration, would remove the defence currently contained in Section 43 of the Criminal Code for parents and educators who resort to corporal punishment as a disciplinary measure.

In a comprehensive report tabled in April on the rights of children, the committee recommended that Section 43 of the Criminal Code be repealed by April 2009.

The committee also recommended the government launch an information campaign on the negative effects of corporal punishment, research alternative methods of discipline and examine whether alternate defences should be made available to those charged with assaulting a child.

Conservative Senator Raynell Andreychuk, chairwoman of the committee and a former judge, said the challenge for the committee will be how to balance its desire to prevent corporal punishment while still allowing parents the possibility of using reasonable restraint.

Currently, following a Supreme Court ruling, it is illegal for parents to strike a child under the age of 2 or over the age of 12.

However, it is legal to use reasonable force "by way of correction" for children between those ages.

Many members of the committee, however, questioned whether corporal punishment was acceptable at any age.

"There's no such thing as reasonable force," said Senator Jim Munson, pointing out many countries around the world have banned corporal punishment of children.

"You either hit a child or you don't hit a child."

Recalling his own experience in school, Senator Romeo Dallaire said times have changed and so should Canada's law.

"If I wrote with my left hand, the brothers smashed me with a ruler because God didn't want me to write with my left hand."

ethompson@thegazette.canwest.com

Source: Montreal Gazette

Adoptive Mom Murdered

June 20, 2007

Police and social workers are mystified why a teenaged boy would kill his mother. It's no mystery to Lori Carangelo. In her book Chosen Children she interviews several prisoners who murdered their adoptive parents.

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June 19, 2007

Victim 'very special'

Devoted public servant spoke highly of her son -- the teen now wanted in her murder

By JON WILLING, SUN MEDIA

Charlsie Adams-Rogers
Aaron Howard is being sought on a first-degree murder warrant.

To neighbours, she was a mystery woman occasionally seen walking her dog or driving in her red BMW.

Many didn't know murder victim Deborah Frankel-Howard, recently retired from Health Canada, where she worked for 35 years and where she was a mentor to younger public servants with whom she became close friends.

"She was a nurturing and caring soul whose heart was always on her sleeve," said Jessica Brinkworth, describing Frankel-Howard as "extroverted, celebratory and loyal."

Frankel-Howard was Brinkworth's supervisor at Health Canada.

"She was incredibly smart and utterly willing to share her expertise with you to help solve an issue," Brinkworth said. "She was a public servant who clearly worked in the public's service. That's a very special employee. She had great integrity."

Ottawa police were looking for her adopted son, Aaron Howard, 19. Major-crime detectives have a warrant for his arrest on the charge of first-degree murder.

The two-bedroom bungalow at 1735 Gage Cres. in Bel Air Heights, where Frankel-Howard's body was found Friday, remained under police investigation yesterday.

Detectives have been working at the house since police found Frankel-Howard's body.

Those who knew Frankel-Howard well said she loved Aaron.

She always spoke highly of him and co-workers could easily tell others about the teenager by simply recounting the glowing details provided by Frankel-Howard.

DAD IN A FOG

Paul Howard, Aaron's father who lives in central Ottawa, said he has been "walking around in circles" in confusion this week.

The 58-year-old man was married to Frankel-Howard for 20 years. He called her a "good mother" who was a "ferocious reader" and loved to travel.

Frankel-Howard, who has always lived in Ottawa, retired earlier this year, Paul Howard said.

He didn't want to discuss his son. He said he hasn't heard from Aaron since police secured the arrest warrant.

While most Gage Cres. residents didn't know Frankel-Howard well, at least one neighbour knew enough about her to notice something unusual at her house last Monday. The neighbour said he saw Aaron Howard showing off his mother's BMW to another man between 30 and 40 years old, as if the vehicle was being sold.

The next day, the car was gone.

Then, last Thursday night, the same neighbour saw Howard come out of the house wearing his baseball uniform and carrying a suitcase. Howard told the neighbour his mother was out of town looking for a new vehicle.

The teenager hasn't been seen since.

Anyone with information about the murder is asked to call major crime detectives at 613-236-1222, ext. 5493 or Crime Stoppers at 613-233-TIPS (8477).

Source: Ottawa Sun

Following are some excerts from Chosen Children chapter 11 Why Adoptees Kill Their Adopters

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11 Why Adoptees Kill Their Adopters

There has been a deliberate effort to debunk the notion that adoption itself has so burdened some adoptees that they are at risk of becoming killers by virtue of their adoptive status. When an adoptee murders his adopter, contributory factors such as drug use or rebellion against parental authority are often mistaken for the root cause of what may be the adoptee's single act of violence. Eric Harris had been prescribed Luvox, a Prozac-like drug, prior to the Littleton (Colorado) school shootings. Such drugs sometimes prescribed to adoptees commonly produce manic psychoses, aggression, and other behavioral abnormalities in children and may be the proximate cause triggering violence. But when an adoptee commits parricide, the trigger or proximate cause can be extremely subtle while the root cause, which is often overlooked, goes back to the moment the child was transformed into an adoptee. Some adoption supporters have advanced the theory that there must be mental illness in their biological parents which somehow predisposes their children to become criminals.

It is believed that adoptees are overrepresented in the numbers of children who kill their adopters. They, as well as adoptees who become "substitute" or "serial" killers, may have been physically, sexually and/or emotionally abused as children. But according to David Kirschner, Ph.D., a forensic psychologist who studied "hundreds of adoptees" in over 25 years of his private practice, all of his subjects reportedly exhibit antisocial Adopted Child Syndrome (ACS) behaviors to varying degrees, including (1) conflict with authority, such as truancy; (2) preoccupation with fantasizing; (3) pathological lying; (4) stealing; (5) running away; (6) underachievement; (7) lack of impulse control, from sexual acting out or promiscuity to sex offenses; (8) firesetting or arousal from fire. Their personalities are characterized by impulsivity, low frustration tolerance, manipulativeness, deceptive charm, shallowness of attachment. There is also an absence of normal guilt or anxiety about one's deeds. However, Dr. Kirschner also refers to ACS as an "extreme form of adoption- related psychopathology."

Adopters are more likely to be frustrated by a child who cannot attach to his substitute caretakers simply because they are not like him, physically or in personality. While adopters may be no more or less skilled in parenting than biological parents, adopters may be overly concerned about acceptance and as a result, may be too permissive or too strict, in either case imposing unreasonable expectations on a child who may eventually rebel.

Adopted children are hospitalized for psychiatric disorders ten times more frequently than other children. This is largely attributed to feelings of rejection and an incomplete sense of identity. It leaves the adoptee not only more vulnerable to other basic factors (such as child abuse) but also more violently reactive. Extreme examples include David Berkowitz ("Son of Sam") and Kenneth Bianchi ("The Hillside Strangler"). Nevertheless, adoption records continue to be sealed in most areas of North America. — Trailer at end of movie, Natural Enemy, starring Donald Sutherland, produced in Montreal, Canada, aired 1/29/97 on HBO in the United States by October Films, NY

While the movie Natural Enemy was a fictional dramatization about a male adoptee who seeks revenge upon his mother, the portrayal of an adoptee who has deep seated anger, and feelings of being unwanted and unloved, is, to varying degrees, the reality for most American adoptees. For many, the answers to "Who am I?" and "Who are my parents?" and "Why was I given up for adoption?" are as important as breathing. Others just as adamantly deny having normal curiosity about their pre-adoption existence, afraid of being perceived as less than a "well adjusted adoptees" and to avoid a second rejection ... by their adopters.

Furthermore, the compulsion of these adoptees to kill was specifically directed at their adopters and appears to have been satisfied upon committing the murder. At least, they express no desire nor inclination to kill anyone else. As a fictional serial murder suspect explained (on Law and Order). "I'm not a serial killer. I killed my mother. I only had one mother."

When adoptees kill, rarely is the fact of their adoption ever considered at trial. Most convictions result from plea bargains that endeavor to punish rather than to analyze, profile and discover ways to treat or even prevent similar circumstances which triggered in murder. Perhaps it's because doing so would pit the professionals against those who espouse adoption is a "quick fix" for a variety of social ills, despite that officials resists collecting and publishing data on adoptees' outcomes. Adoption professionals are not unaware of negative outcomes, they either dismiss it as an aberration or blame the adoptee or his genes.

Source: Chosen Children

Foster Mom Convicted

June 19, 2007

Legal action following the death of Isaac Lethbridge has proceeded to the conviction of his foster mother. Earlier stories: Aug 18, Aug 23, Sept 2, Sept 20 (all 2006) and March 31, 2007.

When a ship sinks, does the captain take responsibility, or does he blame a deck-hand? In the current case, the foster mom, with no discretionary control over the child beyond routine food and shelter, has been convicted. Others with even less authority may be prosecuted next. The social worker who had real authority and responsibility for Isaac has remained out of the picture. She is not named in the press reports, and will not come forward to accept responsibility for the death of her ward.

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Detroit Free Press

Foster mother guilty in Isaac's death

Adams-Rogers jailed before sentencing

Charlsie Adams-Rogers
(MARY SCHROEDER/Detroit Free Press)

Charlsie Adams-Rogers listens Monday in a Detroit courtroom as a jury finds her guilty of involuntary manslaughter and child abuse in the death of 2-year-old Isaac Lethbridge in August.

June 19, 2007

BY JACK KRESNAK, FREE PRESS STAFF WRITER

Saying she questioned the character of a former Detroit foster mother and her family, a Wayne County judge jailed the woman moments after a jury convicted her Monday of involuntary manslaughter and child abuse in the death of a 2-year-old boy in her home in August.

The jury of nine women and three men took a little more than two hours to convict Charlsie Adams-Rogers, 60, on charges related to the Aug. 16 beating death of Isaac Lethbridge, who had been placed in Rogers' foster home six weeks earlier. Adams-Rogers, also known as Paris Rogers, was acquitted of a misdemeanor child abuse charge involving Isaac's 4-year-old sister.

In sending Adams-Rogers to jail pending sentencing July 2, Judge Vera Massey Jones said the woman and her family showed they could not be trusted and that she might not return to court to be sentenced.

Last week, Jones barred Adams-Rogers' family from the courthouse after complaints from the jury two days in a row that her family members were intimidating them.

Wayne County Assistant Prosecutor Lisa Lindsey said Adams-Rogers' family has obstructed the search for truth in Isaac's killing. Because Adams-Rogers is not believed to have inflicted any of Isaac's injuries, Lindsey said, charges may be brought against others in Adams-Rogers' home that day, including a now 13-year-old emotionally disturbed girl suspected of abusing Isaac and his sister.

"There's a lot we still don't know about exactly what happened in the house," Lindsey said after the verdicts were reached about 3:36 p.m. "Who else was culpable, we're still looking into. But, obviously, we don't have the cooperation of the people who were there."

Lindsey said she and Detroit police Sgt. Constance Slappey had spoken to neighbors who were afraid to testify about what was going on in Adams-Rogers' home. According to testimony, after a neighbor called Child Protective Services about how the foster children were being treated, Adams-Rogers wrote a letter to neighbors telling them to mind their own business and had her adopted daughter deliver it.

"Now that the conviction has been had, perhaps those people would feel more comfortable about giving more information about exactly what they know," Lindsey said. She urged witnesses to call Slappey at 313-596-2266 anytime.

Adams-Rogers could be sentenced to up to 15 years in prison on the involuntary manslaughter charge and up to four years on the second-degree child abuse charge.

A Free Press examination of the case after Isaac's death showed that the Lula Belle Stewart Center of Detroit had placed him and his sister in three troubled foster homes in 11 months.

None of the homes appeared to be suitable, according to records obtained by the Free Press. There also were irregularities in how Adams-Rogers was assessed for her foster care license and a string of nine complaints about her that failed to raise alarms.

Isaac's father, Matthew Lethbridge of Canton, said he was happy with the verdicts.

"I hope they don't stop here. There are many people who are responsible, who could have protected Isaac from the fate that he received," he said.

Adams-Rogers, whose testimony last week was seen by several observers as disingenuous, showed no emotion as the verdicts were read. After the judge sent her to jail, she calmly handed her purse to a woman who had been with her and was led away by sheriff's deputies.

Her attorney, Warren Harris, had no comment about the verdicts but said his client "handled it very well, I think."

"Naturally," Harris said, "she doesn't feel good. It hurts."

A family member said Adams-Rogers is likely to appeal her convictions.

In a written statement, family members said a key witness lied, the judge was biased, and the verdict by a jury with only two African-American jurors was unjust.

Isaac and his sister entered Michigan's foster care system in September 2005 after being found by Westland police in a filthy home rented by their parents, Matthew and Jennifer Lethbridge. The Lethbridges had previously lost permanent custody of six other kids in Washtenaw County because of environmental and medical neglect.

On June 29, 2006, Isaac and his sister were removed from one foster home because the sister may have been sexually abused and their Lula Belle foster care worker, Karl Troy, placed them in Adams-Rogers' home on Greenlawn in northwest Detroit.

The Lula Belle agency apparently did not consider the risk of placing such young children in a crowded home with an emotionally disturbed girl who needed medications to control her behavior.

According to his autopsy, Isaac had brain hemorrhaging, a broken right collarbone, many bruises and abrasions and second-degree burns on his torso.

"The last days of his life were a living hell," assistant prosecutor Lindsey told the jury. Then, motioning to Adams-Rogers, Lindsey said, "and that is directly her responsibility."

Contact JACK KRESNAK at 313-223-4544 or jkresnak@freepress.com. Staff writer Ruby L. Bailey contributed to this report.

Source: Detroit Free Press

CAS Holds Three Kids

June 19, 2007

Mark Bonokoski gets a CAS story almost right. CAS does not remain mum because of any law — when they want to talk about a case, they do so with real names. Here they don't want to. And the real reason for keeping three kids in foster care is the buckets of money CAS gets from the taxpayers.

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June 19, 2007

The father is an upstanding, sober citizen. The drug-addled mother can't care for their children. Why is he being denied custody?

By MARK BONOKOSKI

From the outside looking in, it was the perfect Father's Day weekend. The kids' eyes lit up when they heard they were going for a boat ride on the lake where their paternal grandparents ran a country store and inn.

The store had a candy counter, of course.

It was a kid's dream come true.

From there, it was off to a reunion of his father's side of the family. Lots of pop and hot dogs. Lots of cousins to play with. Lots of fun.

And then it was home to the Oshawa area, the kids fast asleep from the exhaustion that comes from burned energy and fresh air.

When their father dropped them off, however, it was not at their mother's house, even though the courts had once given her joint custody.

No, instead of dropping his children off at his ex-wife's house, he had to drop them off at the homes of their foster parents -- the oldest boy, at 13, going to one foster home, while the two youngest, his 10-year-old son and his 8-year-old daughter, having to go to another.

'BREAKS MY HEART'

"It breaks their heart, and it breaks my heart," the father says. "All I can tell them is to trust me ... that things will work out eventually.

"But what a nightmare."

The Durham Children's Aid had scooped his kids from their mother's custodial care and, from the outside looking in, social workers could not be criticized for their initial actions -- not by a long shot.

They had responded to a 911 call from one of the children. There was no food in the house, the child had said, and they were hungry.

When Durham Regional Police arrived, the children's mother had trouble talking coherently and negotiating the hallway.

Drug use was suspected.

Before the children's parents broke up, and later divorced, their mother was a pharmaceutical technician. Unfortunately, it also led to her allegedly treating each pharmacy as if it were its own kind of candy store.

It led to lost jobs for suspected theft of narcotics. It led to an addiction to prescription painkillers. And it led to her going into detox and rehab.

In rehab, she got knocked up by another patient.

That child, now 3, is also in foster care.

And that, in a nutshell, is all she wrote on this mother -- other than the impaired driving charge she is also facing, having blown into the balloon at 0.14, almost twice the legal limit, and all while driving on a suspended licence.

It would seem, however, that the Durham CAS is doing everything it can to give the children's mother more chances than she deserves to straighten out her life than it is willing to give the children's' father even one chance at trial custody.

STEADY JOB

And here is what he has to offer, as compared to the woman he divorced several years ago. He has a steady job that earns him $65,000-plus a year. He is married to a woman who holds an executive position as the general manager of a Holiday Inn and who wants, and has said so in writing, to be the stepmother of his children.

Unlike his ex-wife, the father has no substance abuse issues. He also has no criminal record, all which can be verified because, as a licensed aircraft mechanic, he has done high-level contract work for the American military, which had him checked out every-which-way but Sunday.

The reason the Durham Children's Aid is balking at giving him custody is as simple as its reasons are complex for siding with the drug-addicted mother who is now facing a drunk-driving charge.

The mother lives in Durham Region.

The father lives eight hours away, but those eight hours take him across the border into a small town in the northeastern United States.

He lives in a three-bedroom townhouse in what he describe as a "picture postcard town, with blue-ribbon schools." And he is employed by a subsidiary company of the Sikorsky helicopter corporation as manager of its composite shop, a job which had its beginnings in Toronto when it accepted an offer to do a contract job in West Virginia five years ago when his marriage tanked and his divorce was finalized.

No calls were made to the Durham CAS, by the by, for either confirmation or denial of the scenario presented here. The Privacy Act prevents the CAS from commenting on any specific case and, from past experience, the Privacy Act is also used as blanket to cover any and all controversy -- which is one reason Ontario Ombudsman Andre Marin wants to oversee CAS operations province-wide.

But there is such a thing as court documents, and those in the Sun's possession paint a fairly clear picture.

Within the week, the lawyer representing the father of these children will be appearing before the Superior Court of Justice, yet again, in an attempt to persuade the judge to cut the father some slack.

By month's end, the children's school year will have ended and, rather than have them spend their summer in a foster home, he is seeking the court's permission to take them home to the States -- first for two weeks, then possibly for a month.

The childrens' mother, it should be noted, also remarried, but it was not to the man who made her pregnant while in drug rehab.

Unfortunately, this marriage, too, is reportedly ending in divorce.

Source: Toronto Sun

Brantford Rally

June 19, 2007

On June 18 eleven persons participated in a rally in Brantford. Carrying signs "CAS destroys families" and "Children's Aid = Children's Raid" they marched outside the main Children's Aid Office, then the family court. As usual at these events, a dozen passersby shared their own stories of abuse at the hands of child protection agencies.

Brantford Rally

June 16, 2007

Here is the schedule for the Brantford Rally this Monday, June 18.

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June 15, 2007 at 3:36pm

Subject: Brantford Rally

This is the itinerary for the rally Monday June 18.

Everyone should meet at Tim Horton's on Colborne St in Brantford at 8:30am. We will proceed to the CAS offices at 70 Chatam St at 9:00am. From there we will walk to the City Hall and then to the MP's office.

We will be organizing a lunch BBQ at Mowhawk Park at 12:00pm.

For those looking for directions, a map and or a ride, please email me at gammy@inbox.com

If you can take anyone with you, email me and I will try and coordinate the rides.

Please feel free to copy and paste this information on any boards you feel would be interested.

Source: Sarnia's Smoking Gun

Tim Horton's

On this map, the 6 icon points to the Tim Horton's, 648 Colborne Street, Brantford, just east of Puleston Street.

Brant CAS map

Brant CAS is at 70 Chatham Street, Brantford, the star on the map. City Hall is two blocks south, at 100 Wellington Street. For more information, email Gammy at gammy@inbox.com or Mike Conn at ditto@execulink.com phone 519 753-2132.

Fathers Arrested Preemptively

June 16, 2007

Police in England have arrested nine fathers who were not committing any acts, out of fear that they might carry out another Fathers-4-Justice stunt. Here are two reports, one from F4J, the other from the BBC.

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News has been received from our activist brothers in the United Kingdom that 9 F4J members of Fathers 4 Justice have been arrested "as a precautionary measure" by MI5 agents within London in the past few hours. F4J sources within Special Branch indicate this was a planned operation by the UK intelligence service in advance of a ceremony at Buckingham Palace. Currently 9 parents are being held by police. it is not as yet clear whether this security 'operation' has or will extend to F4J and allied operations in other countries. More information will be forwarded as it becomes available.

Source: email from Jeremy Swanson


BBC NEWS

Protest at royal parade prevented

Campaigners failed to stage a stunt in front of the Queen when nine arrests were made before Trooping the Colour.

The Fathers 4 Justice group had planned to handcuff a member to the monarch's carriage at her annual birthday parade.

But police said they made the arrests before the event began and released the group without charge once it was over.

A police statement said: "The arrests took place prior to any principals passing and were due to vigilant, robust and decisive police action."

He said the arrests were made to prevent a breach of the peace, as part of a large proactive policing operation.

A spokesman for Fathers4Justice said they had other demonstrations planned.

He added they had previously engaged in dialogue but it was now a "war of attrition".

Published: 2007/06/16 16:01:48 GMT

Source: BBC

Lake Family Termination

June 15, 2007

Two years ago we reported on the girl Emily Lake maced and taken from her mother in Oregon for forceful repatriation to the state of Michigan. Here is the follow-up on July 6, 2006

The state of Michigan has now moved to terminate parental rights in this case, turning the girl into a paper orphan.

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Wednesday, June 13, 2007

Michigan Alert

Michigan Parents call to action, in support of Midland mother scheduled for TPR hearing.

Notice to Michigan Parents! Please mark your calendars for August 27th 2007. We need anyone who can make him or herself available to assist one of our sisters Lynnae Lake in Midland, MI, because the state is attempting to terminate her parental rights.

We want to flood this courtroom like never before. We want people outside the courthouse with signs showing our disgust in a system that steals children for profit.

I have attended hearings with Ms. Lake and I can tell you first-hand that the attorney for DHS recommended termination of her parental rights, because the case workers didn't get along with her. The GAL recommended termination because she didn't complete 1 of 6 releases of information.

At no time did any of them state that their recommendation was based on her neglecting or abusing her child.

This is yet another case of a child being Kidjacked by the state, in order to obtain adoption bonuses. Now is the time for us to come together and be heard! Please lend your support to the worthy cause of opposing yet another instance of parental rights violations.

(Permission is granted post this alert to all groups.)

Sincerely,
Ron Smith

Source: Ron Smith, relayed by Annette M. Hall

The Terminator

Addendum: A lawsuit filed by Lynnae Lake against the state of Michigan (MS-word format) may be the motive for termination of parental rights. It is easier for the state to terminate rights than to win the lawsuit. Once rights are terminated, the suit will be dismissed on grounds of lack of standing.

Child Protector Convicted

June 13, 2007

A child protection caseworker in Indiana has been convicted of 17 charges of sexually molesting two teenaged boys in his care, one of them mentally handicapped.

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TheIndyChannel.com

Cory Heinzman
Cory Heinzman

Caseworker Convicted Of Molesting 2 Teens

Man Was CPS Caseworker In Hamilton County

UPDATED: 12:38 pm EDT June 13, 2007

NOBLESVILLE, Ind. -- A former Child Protective Services caseworker was convicted Wednesday of molesting two teenagers, including an autistic boy he had mentored.

A Hamilton Superior Court jury of 10 men and two women found 38-year-old Cory Heinzman guilty of 17 counts and acquitted him of four. Three of the molestation counts are felonies that carry 20 to 50 years in prison each.

Hamilton County Prosecutor Sonia Leerkamp said in closing arguments Tuesday that testimony proved the Acardia man breached the trust of the mentally challenged boys.

"This defendant ... preyed on these young men," she said. "He knew full well their limited abilities to make good judgments on their own behalf."

The form of autism in one of the boys limits his social skills to that of a 10-year-old, officials said. His mother called Riley Hospital for Children in May 2005 to report that her then-13-year-old son had been molested by Heinzman over eight months beginning in 2004.

After Heinzman was charged in that case, a 15-year-old boy came forward to accuse him as well, officials said.

Heinzman was an Indiana Department of Child Services caseworker for the 13-year-old, who had been referred to the agency after a school official reported that the boy claimed his mother abused him. Heinzman had worked for the agency in Hamilton County from 2002 until he was accused in the crimes.

Heinzman met the 15-year-old in 2004 and arranged for the boy to be admitted to a youth psychological treatment center, according to court testimony.

Heinzman testified that the younger teen, who is now 16, slept in the same bed during overnight visits to Heinzman's home but said both of them always wore clothes. He also denied molesting the other boy, now 18, who testified Heinzman fondled him when they went on drives during off-site visits from the treatment center.

Defense attorney Andrew Barker called the charges "lies and false allegations" and tried to convince the jury that there was no physical evidence to show improper sexual contact had taken place.

Eight of the 29 charges against Heinzman were dropped Monday after defense attorney Rodney Sarkovics convinced Judge Daniel Pfleging the state lacked enough evidence.

"What does that tell you about the state's case? It should tell you they're playing roulette," Sarkovics said. "If you question the truth or voracity of one of these charges, you have to question them all."

Sarkovics also questioned the reliability of statements made by his client's accusers.

Heinzman was convicted of nine felonies: two counts of sexual misconduct with a minor; five counts of child molestation; one count of corrupt business influence; one count of sexual performance in the presence of a minor. He also was found guilty of eight counts of official misconduct, all misdemeanors.

Source: WRTV 6 Indianapolis

Pedophile

Perjury Charge for Social Worker

June 13, 2007

An Iowa social worker lied to the court in an effort to terminate parental rights. Now she has been charged with perjury. This is an extraordinary event. Maybe it shows a change in mood toward the social services system, or maybe it will be like the case against Denise C Moore, convicted of lying in a case that led to the death of her ward, but ultimately exonerated by an appellate court.

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Tuesday, June 12, 2007 12:02 PM CDT

Social worker charged with perjury

By JOSH NELSON, Courier Staff Writer

INDEPENDENCE --- A Buchanan County social worker was charged last week with three counts of perjury for allegedly filing false child welfare reports to the court.

Marie Mahler, 39, of Cedar Falls, filed three reports between Aug. 27, 2004, and Oct. 7, 2004, used in a juvenile court case that she "knew or reasonably should have known were false" and that the reports would be used by a judge to make a decision in the case, according to court records obtained by the Courier.

Mahler entered a written plea of not guilty Thursday.

According to court records, the case was to determine whether or not a mother's parental rights should be terminated. Mahler repeatedly included misrepresentations of conversations, events and relationships of the people involved with the case, according to court records.

Court records say she claimed that Jesup police officers were called to the mother's home for a drug investigation in August 2004. Records indicate an officer was called to the home not for drugs, but to prevent an altercation between two siblings. No signs of drugs were found.

Roger Munns, spokesman for the Iowa Department of Human Services, confirmed Mahler is an employee of the department. Mahler received her social work license in 1998. She has no record of disciplinary action and still is on active duty, according to department records. She has been a social worker in Buchanan County since 1998.

In a parental rights termination case, the decision is made by a judge, Munns said. People involved in the case, like biological parents, adoptive parents or social workers, can give input to help the judge's decision, he said. It's rare to have people charged with such a crime in these cases, Munns said.

"This is really quite unusual," he said.

Munns did not comment further on the case.

Delaware County Attorney John Bernau has been appointed special prosecutor to the case because of a conflict of interest. The Buchanan County Attorney's Office has represented Mahler in juvenile court proceedings.

Bernau said he couldn't comment on specifics about the case, but said perjury charges often are hard to investigate.

While the offenses occurred in 2004, Bernau said Mahler is exempt from Iowa's statute of limitations law because she is still a state employee. In most felony cases, charges have to be filed within three years of the offense. However, that three-year period begins for state employees only after they are no longer working for the state.

Perjury is a Class D felony punishable by up to five years in prison.

Contact Josh Nelson at (319) 291-1565 or josh.nelson@wcfcourier.com.

Source: Waterloo/Cedar Falls Courier

Girl Escapes CAS

June 12, 2007

Jessica Faubert
Jessica Faubert

A 16-year-old girl has escaped a CAS group home in Elora Ontario. Jessica Faubert left on June 4. We wish her well in her new life free from social workers.

Source: press release from Wellington County OPP

Ontario Child Deaths

June 11, 2007

The full Report of the Pediatric Death Review Committee and Deaths Under Five Committee (pdf) is now available online. It includes 83 deaths of children in 2006 with open CAS files. The only indication of the death rate in foster care is a note on page 22 that 19 of those deaths occurred in CAS care. For the 19035 foster children in Ontario in 2006, the reported death rate was 100 per hundred thousand, 3.5 times as dangerous as parental care. The best available data from Arizona and Saskatchewan suggests death rates of 147 and 266 per hundred thousand. Either Ontario has the world's safest foster care or some deaths have been omitted. The report does not claim to include all child deaths.

Addendum: Since the original report has been withdrawn from the web, here is our local copy (pdf).

Half of Crown Wards Drugged

June 9, 2007

What is the best way to induce compliance among children resentful toward the workers who stole them from their parents and placed them with strangers? Force them to take drugs that shut down parts of their brain. That is done to half of Ontario's nine thousand crown wards.

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Nearly half of children in Crown care are medicated

MARGARET PHILIP

From Saturday's Globe and Mail

June 9, 2007 at 2:09 AM EDT

Psychotropic drugs are being prescribed to nearly half the Crown wards in a sample of Ontario children's aid societies, kindling fears that the agencies are overusing medication with the province's most vulnerable children.

According to government documents obtained by The Globe and Mail under Ontario's Freedom of Information Act, 47 per cent of the Crown wards – the children in permanent CAS care – at five randomly picked agencies were prescribed psychotropic drugs last year to treat depression, attention deficit disorder, anxiety and other mental-health problems. And, the wards are diagnosed and medicated far more often than are children in the general population.

“These children have lots of issues and the quickest and easiest way to deal with it is to put them on medication, but it doesn't really deal with the issues,” said child psychiatrist Dick Meen, clinical director of Kinark Child and Family Services, the largest children's mental health agency in Ontario.

“In this day and age, particularly in North America, there's a rush for quick fixes. And so a lot of kids, especially those that don't have parents, will get placed on medication in order to keep them under control.”

Psychiatric drugs and children are a contentious mix. New, safer drugs with fewer side effects are the salvation of some mentally ill children. But some drugs have not been scientifically tested for use on children, and recent research has linked children on antidepressants with a greater risk of suicide.

Yet the number of children taking these drugs keeps rising, even in the population at large.

Pharmacies dispensed 51 million prescriptions to Canadians for psychotropic medication last year, a 32-per-cent jump in just four years, according to pharmaceutical information company IMS Health Canada. Prescriptions sold for the class of antidepressants, including Ritalin, most prescribed to children to tackle such disorders as attention deficit hyperactivity disorder (ADHD) rose more than 47 per cent, to 1.87 million last year; a new generation of antipsychotic medication increasingly prescribed to children nearly doubled in the same span, climbing 92 per cent to 8.7 million prescriptions.

And with close to half of Crown wards on psychotropic medication, their numbers are more than triple the rate of drug prescriptions for psychiatric problems among children in general.

With histories of abuse, neglect and loss, children in foster care often bear psychological scars unknown to most of their peers. But without a doting parent in their corner, they are open to hasty diagnoses and heavy-handed prescriptions. Oversight for administering the drugs and watching for side effects is left to often low-paid, inexperienced staff working in privately owned, loosely regulated group homes and to overburdened caseworkers legally bound to visit their charges only once every three months.

Unease over the number of medicated wards of the state is growing: This September, when provincial child advocates convene in Edmonton for their biannual meeting, the use of medication to manage the behaviour of foster children across Canada will be at the top of their agenda.

‘whole range of disorders'

Nowhere is concern greater than in Ontario, where the provincial government recently appointed a panel of experts to develop standards of care for administering drugs to children in foster care, group homes and detention centres.

The move was made after the high-profile case last year of a now-13-year-old boy in a group home outside Toronto came to light. The boy was saddled with four serious psychiatric diagnoses, including oppositional defiant disorder and Tourette syndrome, and doused daily with a cocktail of psychotropic drugs before his grandparents came to his rescue. Now living with his grandparents, he is free of diagnoses and drugs.

Marti McKay is the Toronto child psychologist who, when hired by the local CAS to assess the grandparents' capacity as guardians to the boy, discovered a child so chemically altered that his real character was clouded by the side effects of adult doses of drugs.

“There are lots of other kids like that,” said Dr. McKay, one of the experts on the government panel. “If you look at the group homes, it's close to 100 per cent of the kids who are on not just one drug, but on drug cocktails with multiple diagnoses.

“There are too many kids being diagnosed with…a whole range of disorders that are way out of proportion to the normal population. …It's just not reasonable to think the children in care would have such overrepresentation in these rather obscure disorders.”

The report from a government investigation into the case obtained by The Globe uncovered group home staff untrained in the use and side effects of the psychotropic drugs they were doling out; no requests from the psychiatrist to monitor the boy for problems, and little evidence of efforts to treat the boy's apparent mental-health issues other than with heavy-duty pharmaceuticals.

James Dubray, executive director of the Durham CAS where the boy was a Crown ward, acknowledges that the agency's monitoring of children on medication was lacking.

But it is no small feat, he said, for agencies like his to raise challenging children and adolescents – including some with behaviours so insufferable that their parents turn them over – when there is a chronic shortage of children's mental-health services across Canada and disruptive young people are stranded on waiting lists for psychiatrists and therapies for as long as a year.

With few specialists available, growing numbers of child-welfare workers are turning to family physicians, typically with next to no training in psychiatric disorders and no expertise in the new cutting-edge psychotropic drugs.

Are children being overmedicated out of expedience?

“I don't think that's an unfair conclusion,” Dr. Dubray allowed. “I find it hard to make a judgment. I just know we tend to see kids for which there are either no resources or their parents can't handle them.”

Behaviour management

For Judy Finlay, Ontario's chief child advocate, the use of psychotropic drugs is a burning issue.

Since the inquests into the deaths of a handful of troubled adolescents being forcibly restrained in group homes a few years ago – and the tougher regulations on the use of physical restraints that followed – she has observed a growing trend among group homes to turn to chemical restraints to control unruly behaviour.

These children have trauma and loss in their backgrounds and, as they grow older and foster parents can no longer tolerate their behaviour, they are moved to group homes operating on a culture of strict curfews and rules. Here, too often, troubled teenagers live in close quarters, staff turnover is rapid, police visits are not uncommon, and watching television is the usual pastime.

“It's more about behaviour management than it is about intervening into mental health issues,” Ms. Finlay said.

“It's the adolescents who are being given medication usually, and it's adolescents who are noncompliant. But they're supposed to be,” she added. “That's their job. So as adolescents grow and challenge the system or challenge staff, it's at that time that we begin to medicate them. They are going to be challenging, and medicating isn't the way to help them through adolescence.”

In fact, child psychiatrists and physicians say they face a tricky call when confronted with a tormented child or adolescent whose behaviour appears to be the symptom of a disorder that, if not treated with drugs and other therapies, will inevitably grow harder to tame.

The newer drugs are safer and backed by a growing stack of research, and physicians insist they allow some mentally ill children to function normally when nothing else works. Yet many drugs have never been tested on children by the pharmaceutical companies funding most of the research; have been studied for only short periods that fail to measure the impact of prolonged use; and are not formally approved to treat the condition being addressed.

“Just because it's safe and effective in adults doesn't mean it's safe and effective in a young person, and that's one of my concerns about the lack of research in young people,” said Stan Kutcher, a child psychiatrist and Sun Life Financial chair in adolescent mental health at the IWK Health Centre in Halifax.

“Young people aren't little adults. They have different physiologies. They have different metabolisms. Their brains react differently. Their bodies react differently to drugs.”

And therein lies a “horrible conundrum” for doctors. “I'm uncomfortable with kids being really sick,” Dr. Kutcher said, “and I'm uncomfortable with the treatments that we have.”

The National Youth in Care Network, an advocacy group for young people raised in the child welfare system, is just completing a three-year study, funded by Health Canada, of psychotropic drug use among children and adolescents in care across the country.

The researchers have found that not only were psychotropic drugs prescribed to a clear majority of the current and former wards interviewed, but most were diagnosed with mental-health disorders by a family doctor, never visited a child psychiatrist or another doctor for a second opinion, and doubted the accuracy of their diagnosis.

A disturbing number, the network's research director, Yolanda Lambe, added, have traded the child-welfare system for a life on the street.

“A lot of people are using drugs now,” she said. “There's a lot of homeless young people who have been medicated quite heavily.”

Source: Globe and Mail

Addendum: The reader comments on this article were shut down for a while on June 9 while lawyers looked over them. They are back now.

The sidebars Ritalin's reign and Doctor's orders give lots of facts regarding use of psychotropic drugs by children in Canada.

Child Abuse Investigator Sets Example

June 8, 2007

How does London's top child abuse investigator end a love affair? With a murder-suicide.

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Cops in murder-suicide had a relationship

The Canadian Press

Kelly Johnson
Acting Inspector Kelly Johnson, 40
The Canadian Press
David Lucio
retired superintendent David Lucio, 57

LONDON, Ont. (Jun 8, 2007)

Two police colleagues involved in a murder-suicide had a "relationship," police said yesterday as they struggled to come to grips with the loss of their own.

Flags in front of the police station in this southwestern Ontario city flew at half mast for the victims -- Acting Inspector Kelly Johnson, 40, and retired superintendent David Lucio, 57.

Police Chief Murray Faulkner said Johnson and Lucio had a relationship, although the exact nature of it was not immediately known.

Both were shot before the vehicle they were travelling in crashed into Johnson's apartment building early yesterday. Only two shots were fired.

Johnson's service pistol was found at the scene. She was off-duty and did not have permission to take the gun home, Faulkner added.

Johnson had been promoted only a few days ago from within the police sexual assault and child abuse section to the professional standards branch.

Source: Hamilton Spectator

Addendum: The police have not been forthcoming about this case. The parents of the dead man want an inquest to expose the facts about their son's killer. It could also give public insight into the life of a child abuse investigator.

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Angry parents want inquest

Dave Lucio's parents seek details of how police handled the murder-suicide case.

By PATRICK MALONEY AND RANDY RICHMOND, SUN MEDIA

The outraged parents of a former London police officer killed by another in a murder-suicide want an inquest into how police handled the case.

But while police Chief Murray Faulkner rejects that, yesterday -- for the first time -- he said he will ask an outside party to assess what happened and how police missed any signs of trouble brewing.

Just how formal such an outside examination would be, Faulkner couldn't say. "I am not sure of the process yet."

Those twists come a week after acting Inspector Kelly Johnson shot retired superintendent Dave Lucio then turned her gun -- a service pistol she wasn't authorized to have at the time -- on herself in his van. The two had been lovers who had left marriages.

An angry Doug Lucio, father of the slain retired officer, contacted The Free Press to vent his frustrations. "She killed him. She murdered him -- premeditated. Nobody's saying that," the father, 80, said.

Angry about the handling of the case, including what the public was told and when, the father insists discussion about the tragedy has been stifled.

"Out of discussion comes action plans. And out of action plans comes results," he said.

"I will not tolerate this. (An inquest could) let people stop it from happening again."

Regional supervising coroner, Jack Stanborough, said he's weighing whether to call a so-called discretionary inquest. "If a family writes me a letter and says, 'I want an inquest into this and here's why,' and it makes a lot of sense, I give it serious consideration," he said.

Among other things, Lucio wants to know why Faulkner met with the family of Johnson -- the shooter -- but didn't call he and his wife, the parents of her victim and a fellow although retired officer.

He also wants to know why police didn't erase any public doubts about which of the two was the shooter -- thus clearing Lucio's name -- when the truth was clear long before autopsy results were released five days after the shootings.

"They knew. So how come it just came out the day of his funeral (June 11)?" he asked.

Lucio described a dramatic confrontation with Faulkner at his son's funeral Monday.

"I said to him, 'You got a hold of (Johnson's former) husband and you got a hold of her father.' Then I said to him, 'Why didn't you call his mother and I?"

Johnson, cnsidered a rising star on the force, was the daughter of Merv Johnson, former London deputy police chief.

Faulkner said he told Lucio at the funeral he purposely dispatched an inspector close to the family to break the news, only hours afterward.

Faulkner also said there's no need for an inquest. "I don't think an inquest is the proper way to go about it."

Lucio, 57, and Johnson, 40 had had a relationship for several months.

Sometime the night of June 6, Johnson shot Lucio, then turned her service pistol on herself while Lucio was driving the pair to her condo on Picton Street.

Doug Lucio said he has great respect for members of the police force but also wants his son's legacy upheld.

"We still count our blessings but we want to hold onto our respect. And my son's reputation. We don't want to destroy the wonderful things he built up in his life, or see anybody else do it," said the retired Northern Telecom executive.

Faulkner noted family and friends of Lucio and Johnson are grieving and he won't publicly discuss either of their personal lives.

"There are different emotions at this time. Both people need to be protected because they cannot speak for themselves."

Among other concerns raised by Lucio, and Faulkner's responses:

- Why did police not set the record straight sooner about who shot whom?

Faulkner reiterated police couldn't release that until after a June 11 autopsy determined exactly what happened. "That is police procedure."

- Why did a London police officer write a letter, published Tuesday in The Free Press, urging people, on behalf of affected "families," not to talk publicly about the case?

"Families, friends, co-workers and anyone whose lives have been touched by tragedy have so many emotions to deal with as it is," read Const. Pam Matatall's Tuesday letter.

"Out of respect for them, please do not add to their suffering."

Lucio said he "resented" the letter and disagreed with its message.

"They should be talking about it to the high heavens," he said."Quit talking about it?

"That's exactly what you shouldn't do because feelings cannot mend unless you talk about it."

Faulkner said he had no idea a letter was being written by a constable and gave no direction to his staff to do so.

Other members of the Lucio family declined comment, but indicated they hold no ill will toward anyone on the London police department.

The loss of his son has been a heavy blow for the elder Lucio, who plans to spend the next couple of days with his wife at their cottage, privately wrestling with their grief and frustration.

"He was our light, my wife and I. He was the light in the complexities of life," he said. "Couldn't have got a better son, couldn't have got a more compassionate person, either.

"We loved him very much."

Source: London Free Press

Addendum: A curious footnote three years later. This case does not count as domestic violence.

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Barbara Kay, London, Ontario Police statistics on domestic violence show classic signs of abuse

Posted: January 28, 2010, 12:08 PM by Jonathan Kay

After six years of service, Chief Murray Faulkner, 57, of the London police force is expected to announce his retirement at noon today.

He leaves with a statistical stain on his record. For 2007 his department's statistics under the heading of domestic violence (DV) show that there was one DV homicide of a woman by a man, but zero homicides of a man by a woman. Not true.

On June 6, 2007, in a shocking case of love gone awry, police inspector Kelly Johnson, inflamed by her lover, retired police superintendent David Lucio's ending of their affair the day before, shot Lucio in the head with a .40-calibre Glock pistol (which she was not authorized to have in her possession) as he was driving his van through downtown London, and then killed herself with the same gun as the van careened into an apartment building.

If Johnson were a man, the case would have been labelled a cold-blooded DV murder, and exploited as yet another example of the pandemic of male violence against women. But the incident was spun as a kind of bilateral tragedy with no villain, just two victims.

Critics of Faulkner have long grumbled about his preoccupation with male violence against women and his tendency to downplay or ignore female violence against men. Normally it's tough to get the evidence to back up such a claim. But the obviously purposeful refusal to classify the Lucio murder as a case of DV, when it so screamingly is a world-class example of DV at its worst, supports Chief Faulkner's detractors' claim of bias against male victims of DV.

Naturally this lapse calls all the other statistics in Faulkner's tenure into question. We all depend on statistics to help us make up our minds on issues, so it is extremely irresponsible to muck around with them in support of an ideological position. Presently the London police 2007 statistics tell us that DV-related homicide is 100% male on female and 0% female on male. In fact it is 50-50. It would be fitting if Chief Faulkner's last official act were to admit that the Johnson/Lucio homicide was indeed a case of DV, have the 2007 statistic formally changed, and give his successor the nod to review all the stats on DV posted during his tenure.

Source: National Post

BBC Exposes Child Stealing

June 7, 2007

The BBC has posted three videos dealing with Sheffield Social Services. It is what we have been saying for years, but now the story of secrecy and kidnapping for money is on television for the masses.

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  • BBC - Look North - June 04 2007
    Fixing the Assessment (wmv)

    Parents who claim children have been wrongly put up for adoption to meet government targets plan to demonstrate outside the Sheffield Law Courts.

  • BBC - Look North - June 05 2007
    Concern over child adoptions (wmv)

    Parents who claim their children were falsely taken into care have been protesting in Sheffield.

  • BBC - Look North - June 06 2007
    Couple's anger at adoption - John Hemming MP (wmv)

    A couple have said their lives were ruined after their three grandchildren were taken into care.

Zuker Protested

June 6, 2007

Here are three reports on the protest against Judge Zuker today, one by Canada Court Watch, one by an observer using screen name Litigator, and one by Fathers-4-Justice.

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Citizens protest against Justice Zuker at 47 Sheppard Ave. E. courthouse in Toronto!

Zuker protest
Protesters outside of the court at 47 Sheppard Ave. E in Toronto carried signs and handed out thousands of flyers and brochures

(June 6, 2007). A group of Ontario citizens carrying signs and handing out flyers and brochures outside of the Sheppard Ave. E. courthouse in Toronto today, protested the recent judicial scandal in which Justice Marvin Zuker admitted to the Ontario Judicial Council that he had tampered with court transcripts in a court case in which he was the presiding judge. According to participants of the group, Justice Zuker should be charged criminally and that there should not be one set of laws for ordinary Canadians and another set of unwritten laws which appear to allow judges to break the law. Altering transcripts is an offence under the Criminal Code of Canada.

According to ex-lawyer Harry Kopyto from Toronto, Justice Zuker altered transcripts and fabricated evidence in his client's court matter. A motion will be heard at 10 am on July 3, 2007, 10:00, to have Justice of the Peace, Dunbrook, make a decision as to whether criminal charges should be laid against Justice Marvin Zuker. Mr. Kopyto indicated that there has been facing staunch resistance by the legal establishment to have charges laid against Justice Zuker. Information about this court hearing will be posted as it becomes available. Members of the public are urged to attend.

Source: Canada Court Watch


Toronto Protest a Smashing Success!!!

screen name: Litigator!
Posted: Wed Jun 06, 2007 9:39 pm

As many of you know there was a protest being held in Toronto at the 47 Sheppard Ave E courthouse this morning. This protest was about Ontario Court of Justice Judge Marvin Zuker altering court transcripts and breaking the law. I am pleased to report that the protest was a huge success. People came from far and wide. We had huge signs, a gallows with a hanging Judge and a megaphone being contantly manned. We gathered a large number of signatures on our petition to have Justice Zuker removed from the bench. Cars were stopping in the street to request the flyers being handed out. There was a steady crowd of people who were quite disturbed to learn of this. The Police were present and trying to intimidate people however they were generally well behaved lol. There were supporters present from a number of citizen's rights groups including, F4J or Father 4 Justice, Canada Court Watch and the Citizen's Coalition for Judicial Accountability.

Source: Canada Court Watch message board


... our brothers and sisters in the fight for Justice were all descending on the Sheppard St. Courthouse protesting the institutionalized corruption that is manifested in the criminal behavior of INJustice Zucker. We were thinking about you. Hopefully that will be the start of a core of people who will go out twice a week at that courthouse.

The day was a little cool and windy but mostly uneventful. A lot of the regulars and people who have already signed the petition. Their is a Female Lawyer who says she was stalked by Fathers 4 Justice and they even killed her dog. It was not anyone I know. A couple of months back she talked to me a little more and it turned out it was something that apparently happened years ago, sounds like it was in the days of Fathers FOR Justice. In telling the story she comes off as quite loony.

Detective Hanlon also came out who has warned me twice about affixing signs to the fence. Jeet wanted to put up the banner so I said OK but no tying it down. Luckily it blew over just before he came out.

Denis Van Decker
York Region Coordinator
Fathers 4 Justice Canada

Source: Fathers-4-Justice

Addendum: There is a slide show of the Zuker protest.

Zuker protest

Life in a Group Home

June 6, 2007

A woman, Jeanette Antoine, gave testimony of her experiences living in a Cornwall Ontario area group home in the 1960s and 1970s.

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June 5, 2007

Woman tells of grim trail of abuse

Project Truth Inquiry hears more unsettling allegations

By CP

CORNWALL — A former city woman told an inquiry on Monday that she was sexually and physically abused by a Children’s Aid Society caseworker and even held for a period of time in the trunk of the man’s car.

Jeanette Antoine first became a ward of the CAS when she was five years old in 1965 and over the course of the following 11 years endured what she claims was repeated physical and sexual abuse at the hands of foster parents and even her own caseworker.

Antoine told the inquiry probing the institutional response to allegations of systemic sexual abuse in the Cornwall area that when she was 16, she and a handful of other teens ran away from a CAS-run group home where she says they were being abused by workers.

The group broke into a cottage in Summerstown, and stayed on their own for a few days before being apprehended by police and dropped off at the CAS office in Cornwall. Antoine said there were a group of workers there to take the kids from the police.

“One worker would take a kid,” said Antoine, who said she was under the care of her caseworker, a man by the name of Brian Keough. “Brian grabbed me and put me in the trunk of his car while the other workers talked to the kids.”

The woman, who is now 46 years old and lives in Edmonton, said she can’t remember exactly how long she was in the trunk, but she remembers she fell asleep.

“He came out and took me back into the CAS office into this big conference room,” said the woman. “I remember all the kids were there and there were a lot of workers there.”

The woman said she and other teenagers who were living at the group home in the 1970s were physically and sexually abused by Keough and other workers on a regular basis.

“He (Keough) would do something to at least one of them every week,” said the woman. “Each week it would be a different girl.”

Antoine said she remembers a time when all the girls in the home were prescribed birth control pills, although she says she was never in danger of becoming pregnant.

“He (Keough) never actually had sex with me,” said Antoine. “He molested me, but it was never sex.”

Antoine testified she was also sexually abused by other men during her time in foster care.

When she was six years old and her sister was eight years old, the girls were living in a foster home in the city. Antoine said her foster father began to sexually and physically abuse her and her sister within months of their arrival at the home.

“He would come downstairs (to the girls’ bedroom) and get in bed between us and put his hands on both of us at the same time,” said Antoine, speaking in a voice barely above a whisper. “He would tell his wife he was reading us a book.”

Antoine said she was also physically abused by the man, his wife and their biological daughter.

She said she told Keough about some of the incidents of abuse, but wasn’t believed.

“He said I was a liar,” said Antoine. “He said that was the best foster home they had and I was lucky to be there.”

No one has ever been charged with any crime related to Antoine’s allegations.

The inquiry continues.

Source: Ottawa Sun

Ontario Courts Allow Recording

June 5, 2007

For years parties to legal proceedings in Ontario were forbidden to record the hearings in their own case, even though the law permitted them to do so. Now it appears that the courts are changing policy, and some courts are complying with this law.

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Another Superior Court Judge confirms that recording in court is legal for citizens of Ontario

(June 5, 2007) - While some citizens continue to complain about judges in Ontario court violating the law by preventing citizens from unobtrusively using tape recorders in the court, another Ontario judge of the Superior Court of Justice has affirmed that citizens do have the right to record their court hearings under section 136 of the Courts of Justice Act and that the court directive by the former Chief Justice of Ontario, Justice Howland, is still in force today.

On April 23, 2007, Justice D. Brown of the Superior Court of Justice after reviewing arguments about recording in court and after reviewing the Courts of Justice Act and the Practice Directive from the former Chief Justice Howland, ruled that recording of court proceedings was permitted under law. The citizens of Ontario can thank Justice Brown for his correct decision and for joining the ranks of those judges who have correctly applied the law as it relates to recording in the courts.

It should also be mentioned that the Attorney General of Ontario, Michael Bryant, stated before an audience of journalists in Toronto at the Global Investigative Journalism Conference held in Toronto last week, that the citizens of Ontario should be allowed to record their hearings and that the Attorney General's Office will be taking steps to put an end to the practice of judges not interpreting the Courts of Justice Act correctly. Hopefully, these few remaining judges who continue to violate the laws of Ontario will be straightened out once and for all.

Source: Canada Court Watch

Motherhood Criminalized

June 5, 2007

Mothers are now getting the treatment previously reserved for pimps and drug smugglers. Women who try to reunite mothers and children are hunted down and spend years in jail.

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Jun 4, 4:39 PM EDT

Women prosecuted for smuggling children

By AMANDA LEE MYERS, Associated Press Writer

PHOENIX (AP) -- An increasing number of illegal immigrants who left their children back home are hiring complete strangers to bring the youngsters into this country by bluffing their way past U.S. border inspectors.

Typically, the stranger poses as the child's mother or another relative as she drives through a checkpoint. Sometimes the children are given cough syrup to sedate them and ensure they don't say or do anything to make border guards suspicious.

U.S. officials say they are seeing more such cases because stepped-up enforcement along the border has made it more dangerous to sneak into the country by trekking across the desert.

"People who may be afraid or think it's too dangerous to bring a child through the desert when it's 120 degrees think it's better to place a child in the hands of a total stranger," said Roger Maier, a U.S. Customs and Border Protection spokesman in Texas.

U.S. officials warned that entrusting children to a stranger is foolish, too.

"There's no guarantee that you're going to be reunited with your child. There's no guarantee that your child is being cared for," said Brian Levin, a U.S. Customs and Border Protection spokesman in Arizona.

Nevertheless, officials at the border could not cite a specific case of a child being hurt or stolen in the smuggling scheme.

Dozens of U.S. citizens, permanent residents and other women with a legal right to be in this country have been prosecuted in the past few years for trying to smuggle children into the U.S. Border officials said they do not have exact numbers but believe such cases are on the rise.

The women are typically poor, and are hired by smugglers for $100 to $500 for the transaction. They are often mothers themselves, and use their own children's birth certificates when they drive through a checkpoint.

"They're a vulnerable class of people who get sucked into this," said Joel Parris, an assistant federal public defender in Tucson who has defended several women smugglers. "These women are so focused on surviving and taking care of their own kids, when someone comes with a pity trip, their sympathy is so strong they can't resist."

Ana Meza-Montano, a 36-year-old single mother from Agua Prieta, Mexico, across the border from Douglas, Ariz., had a border crossing card that allowed her to enter the United States for short periods to shop and run other errands.

Meza-Montano was caught at the Douglas port of entry trying to smuggle a 1-year-old girl who she said was her daughter.

Parris, who defended her, said Meza-Montano agreed to the transaction because a smuggler offered to pay off her son's $100 bicycle, which was on layaway at a Wal-Mart. The woman is serving a 15-month prison sentence.

Sandra Ramirez, a 24-year-old single mother of four, was caught trying to sneak an 11-year-old boy through the Nogales, Ariz., port of entry, and said a co-worker offered her $1,000 to do it. Now Ramirez is serving a 15-month prison sentence and will be deported to Mexico after she gets out.

"This is just one of the most overwhelmingly saddest cases," said Ramirez's lawyer, Stephanie Meade. "She had no idea of the kind of consequences and trouble that she would get in."

Officials say the smuggling tactic has become more common partly because more illegal immigrants are deciding to bring their families into the country. In the past, it was more common for men to leave their families behind and return periodically for visits.

Also, because of tighter enforcement by the Border Patrol and the National Guard, illegal immigrants who want to sneak across the desert are being forced to make the attempt along more remote, more rugged - and more dangerous - stretches of the border.

The U.S. Attorney's Office in Arizona has made prosecuting these child-smuggling cases one of its top priorities.

"Children are being put in situations where the risk of something happening to them is high, and we felt that people need to be held accountable for this," spokesman Wyn Hornbuckle said.

He added: "There are many examples of how violent these smuggling organizations are and how ruthless they've become, and they'd be the last people I'd entrust my kids to."

Source: Associated Press

Ritalin Mystery

June 4, 2007

Researcher Lisa Strohschein has found that children of divorce get Ritalin prescriptions at a higher rate than the children of intact families, though she has no explanation of why. Following a news article below is the explanation.

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SCIENCE NEWS

June 04, 2007

Ritalin use doubles after divorce, study finds

By Scott Anderson

TORONTO (Reuters) - Children from broken marriages are twice as likely to be prescribed attention-deficit drugs as children whose parents stay together, a Canadian researcher said on Monday, and she said the reasons should be investigated.

More than 6 percent of 633 children from divorced families were prescribed Ritalin, compared with 3.3 percent of children whose parents stayed together, University of Alberta professor Lisa Strohschein reported in the Canadian Medical Association Journal.

The study of more than 4,700 children started in 1994, while all the families were intact, Strohschein said. They followed the children's progress to see what happened to their families and to see what drugs were prescribed.

"It shows clearly that divorce is a risk factor for kids to be prescribed Ritalin," Strohschein said.

Other studies have shown that children of single parents are more likely to get prescribed drugs such as Ritalin. But is the problem caused by being born to a never-married mother, or some other factor?

"So the question was, 'is it possible that divorce acts a stressful life event that creates adjustment problems for children, which might increase acting out behavior, leading to a prescription for Ritalin?"' Strohschein said in a statement.

"On the other hand, there is also the very public perception that divorce is always bad for kids and so when children of divorce come to the attention of the health-care system -- possibly because parents anticipate their child must be going through adjustment problems -- doctors may be more likely to diagnose a problem and prescribe Ritalin."

Ritalin, known generically as methylphenidate, is a psychostimulant drug most commonly prescribed for the treatment of attention-deficit hyperactivity disorder in children.

There is a big debate in much of the developed world over whether it may be over-prescribed -- given to children who do not really need it. In March, a University of California, Berkeley study found that the use of drugs to treat ADHD has more than tripled worldwide since 1993.

Strohschein said it is possible that some mental health problems pre-date the divorce, so "it is possible that these kids had these problems before, but are only being identified afterward."

Her study was not designed to find out why the children were prescribed the drug.

"I might be finished with the survey, but I am not necessarily finished with the question," she said in a telephone interview.

Source: Scientific American


June 4, 2007

Strohschein, Lisa
University of Alberta
lisa.strohschein@ualberta.ca

Subject: Ritalin use

Madam:

In several articles in today's press you are quoted as the author of a study showing that Ritalin prescriptions are more frequent for children of divorced couples than for children of intact families. Research other than yours shows that children of single mothers also have higher prescription rates. The articles say you are now looking into why divorce leads to higher prescription rates.

I can save you some effort. The reason is the Canadian therapeutic system, which in the case of children is largely coercive. Divorce courts and child protection cases both steer children to psychiatrists in large numbers. The children of intact families are more likely to stay away from psychiatrists, and the parents who stay together are better able to resist the coercion.

Once referred for psychiatric help, the rest is driven by financial incentives for the professionals, and coercion for the parents and children. Wives are tempted to divorce their husbands by the prospect of generous child support and custody of the children. Child protectors get large per-diem rates for children in foster care, but the rates multiply as soon as a doctor diagnoses a disorder qualifying the child as "special needs". Doctors are not, as far as I know, rewarded per prescription, but they are assured of a steady stream of clients as long as they diagnose disorders and prescribe psychotropics. The drug companies can be relied on to mount a lobbying effort to preserve the current regime any time reform is on the legislative agenda. As for parents, refusing to follow a doctor's prescription is treated as medical neglect, allowing child protectors to take the child into long-term foster care.

In any future research, I hope you can include methods for measuring the effect of the therapeutic system on the rate of Ritalin use.

Robert T McQuaid
email: rtmq@fixcas.com

Breastfeeders Busted

June 4, 2007

A report by Ontario Coroner Jim Cairns suggests that sleeping arrangements for babies can be dangerous. He wants mothers and babies separated while sleeping. This kind of report, which could provide useful feedback on improving safety, will in practice become the justification for taking more babies from mothers. We hope to have more when the full report becomes available.

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Unsafe sleeping arrangements cause rise in infant deaths: report

Last Updated: Monday, June 4, 2007 | 5:46 PM ET, CBC News

Infants are dying needlessly because they're in overcrowded cribs and sleeping in beds with others, an Ontario coroner's report released Monday says.

The 28-page report released by Ontario's Office of the Chief Coroner noted a rise in child deaths from unsafe sleeping environments, such as crowded cribs and babies sharing beds with siblings or parents.

Ontario's Deputy Chief Coroner Dr. Jim Cairns was resolute in his recommendations: "There ain't any ands, ifs or buts. The only safe sleeping environment for a baby is in a crib with a proper-fitting mattress.

"No bumper pads, no toys, no blankets, no anything," he added. A small baby blanket is okay, but must be tucked in, he said.

Twenty-one children died from unsafe sleeping environments in 2005, a rise from the 16 in 2004.

Cairns pointed to a case in which a five-week-old baby suffocated in a crib filled with adult-sized pillows, comforters and stuffed toys.

"It's a very dramatic example. And unfortunately, it's not rare," he said.

Parents also shouldn't share beds with young children because of the risk of rolling onto them or suffocation from the bedding, Cairns said.

Some groups, however, say the advantages of parents sleeping with their children shouldn't be discounted, if co-sleeping is done safely. La Leche League touts benefit of keeping baby close

"There is some research that shows that mothers who have babies either in the bed with them, or very close by in one of these sidecar arrangements, were more likely to be able to continue breastfeeding longer," said Teresa Pitman, of the Canadian breastfeeding support group La Leche League of Canada.

Health Canada, however, warns parents not to sleep with infants under the age of two.

Monday's report looked at 195 investigated deaths between 2004 and 2006 that involved accidents, negligence, suicide and homicide.

The report was the second of its kind by the Ontario coroner's office. Cairns hopes with long-term funding it could become an annual review.

Source: CBC

Fund Kids, not Bureaucrats

June 3, 2007

The article below shows how at the political level the appropriation of money to take power from parents is sold as a benefit for children. Stephen Harper started his government with a policy to give daycare money to parents instead of the bureaucracy. We will be watching to see if he sticks to that policy.

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Web-exclusive comment

In child care, 'the greatest choice for the greatest number'

KATE TENNIER

Special to Globe and Mail Update

June 1, 2007 at 2:04 AM EDT

Last month, I appeared as a "witness" at the parliamentary committee reviewing Bill C-303. "Combatant" would be a more accurate term, as these committees often resemble full-blown contact sports, especially when it comes to emotionally wrought subjects such as child care.

This New Democratic private member's bill is another attempt to impose a government overlay on family child-care decisions by forcing any future federal money going to the provinces to be used only for state-regulated care. The whole exercise could be for naught — it could die a quick death if an election were to be called, or a slow painful one if federal money is never funnelled into it. Those who still believe in universal daycare, however, insist that the bill's greatest strength is to keep the daycare debate going. So be it.

That it is one of the most illiberal bills ever proposed in Canada is enough reason to hope for its early demise. With brown being the new black, liberalism appears to be the new conservatism when it comes to the lives of working mothers.

A recent article on super-mothers in Britain — CEO moms — found that these women could not pull it off without serious domestic help. On average, they paid 2-1/2 women to perform the domestic chores they had no time to do.

What is not as well appreciated is that domestic help is just as much a necessity for mothers working in lowly paid jobs as it is for the corporate mom. Research and experience show that without it, many of these mothers simply choose not to be in the work force, even with the offer of fully subsidized daycare.

Since the 1996 U.S. introduction of the euphemistically titled "welfare reform program," there has been a decidedly mixed level of success for single mothers. While analysis is still being teased out on why some benefited and others didn't, a report called "The Effect of Work and Welfare on Living Conditions in Single Parent Households" by the population division of the U.S. Census Bureau sheds some light.

In classic academic understatement, it notes: "That single mothers in the work force may have lower material well-being despite higher income is a potentially interesting finding." Even controlling for the cost of daycare, the report suggests several reasons why this may be so, not the least of which is "loss of time to take care of household needs." Many poor women realize that this loss of time — the kind CEO moms can buy — is simply too high a price to pay. Their best option is to remain on income support.

Canadian universal-daycare advocates routinely point out that our experience can't compare to that of Americans. But when it comes to the hardships many parents face, similarities prevail.

Such is the lack of "daycare uptake" by poor mothers that in 2004, British Columbia's child-care advisory council actually lamented that "families are not applying for subsidies." And, while the Toronto Children's Services website shows waiting lists, it also reports numerous vacancies for subsidized spots in all wards. Furthermore, the amount of children whose parents have applied for these spaces is but a fraction of those living below the poverty line in Toronto.

One would think that if parents saw the offer of heavily subsidized daycare as the poverty-alleviating solution it is purported to be, Canada's poor mothers would be beating a path to its door. Clearly, they are not. Each parent is so unique in their life circumstances that although daycare may be a solution for one, it may be the defeat of another. That parents are in the best position to determine this should be the basis for all child-care policy in this country and should be a guaranteed right for all parents. To not do so is tantamount to promoting a monoculture.

Indeed, it was truly liberal U.S. feminists such as Anna Quindlen and Barbara Ehrenreich who saw their country's "welfare reform" for what it really was — workfare — and correctly predicted that many lives would be the worse for it.

While Canada's daycare policies are not yet workfare, poor mothers do receive a massive and disproportionate amount of state benefits only if they fit themselves and their children into the market economy. Toronto will pay the full $18,000 daycare fee if a mother goes out and earns the same. Will it pay $36,000 if she has two children? If we follow Sweden's lead, it will. It was reported that a mother in that country along with her truck-driver husband requested a small subsidy to lift them above the poverty line while they looked after their own children. City officials said no, offering two $20,000-a-year daycare spots instead.

Returning to the committee proceedings, irony abounded. The sight of two eloquent witnesses, a Christian minister from Ontario and a home-schooling mother of five from Alberta, arguing for diversity, choice and inclusiveness while never once criticizing daycare or a family's right to choose it was something to behold, especially when compared to the intransigence of the federal parties still supporting this bill.

Perhaps we need a 21st century update of a classic liberal doctrine. "The greatest choice for the greatest number" should be our country's new mantra. Family policy would be a wonderful place to start.

Kate Tennier was an organizer for the "Fund the child (not the system)" rallies that took place in 17 cities across Canada on Nov. 19, 2005.

Source: Globe and Mail

Politician School

How to Avoid CPS

May 31, 2007

On February 12 Ann S Banaszewski was stopped by police for drunk driving while her three children were in her car. So how did she prevent child protectors from taking her kids? Her father, Antonin Scalia, was on the US Supreme Court. The story below shows the outcome, without any threat to her children.

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Scalia Daughter Pleads to DUI Charge

Associated Press 05.31.07, 5:53 AM ET

The daughter of U.S. Supreme Court Justice Antonin Scalia was sentenced to 18 months of court supervision after pleading guilty to drunken driving.

Ann S. Banaszewski, 45, of Wheaton, on Wednesday accepted a plea agreement under which prosecutors dropped four other charges including endangering the life of a child and failure to secure a child younger than eight in a child-restraint system.

She was arrested Feb. 12 while driving away from a fast-food restaurant in Wheaton, 20 miles west of Chicago. Three of her children were inside her 1996 Ford van when someone called police to report a suspected intoxicated driver, authorities have said.

Banaszewski didn't contest the automatic six-month suspension of her driver's license for refusing to take a breath test.

A DuPage County judge also sentenced her to 140 hours of public service and to attend counseling sessions, according to Paul Darrah, a spokesman for the DuPage County state's attorney's office.

Banaszewski's attorney, Donald Ramsell, said the plea agreement was fair to both sides.

Scalia, who began serving on the Supreme Court in 1986, has nine children.

Source: Forbes

Zuker Alert

May 30, 2007

Judge Marvin A Zuker violated the criminal code by falsifying the records of his own court. There was no penalty. There will be gathering outside his courthouse next Wednesday to draw public attention to the abuses in family courts.

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NOTICE:

protest

PROTEST AT COURT CORRUPTION
and Criminal Activity involving Judge Marvin Zuker

6th June 2007
Courthouse- 47 Sheppard Avenue E
Toronto

Time: 8.30 AM

Judge Zuker- A picture of Corruption

There will be a public awareness event on Wednesday June 6, 2007 at the 47 Sheppard Ave E court in Toronto. It is located just east of Yonge St on Sheppard and is fully accessible by public transportation. The focus of the event is to make the public aware of the corruption and abuse of families going on in the Ontario court. Aptly we have chosen Justice Zuker as the focus of this event. Participants will be asked to pass out flyers at the court house and in the surrounding community. An activist alert will follow as we would like to see as many people as possible come out and stand up for their rights and expose the corruption in the courts.

Distributed by:
Jeremy Swanson

Fathers and Men's Rights Activist

"For The Children”
Ottawa, Ontario
Phone: (613) 237-1320 ext 2438
swanson@storm.ca

Source: email from Jeremy Swanson

Addendum: Here are two more items from Canada Court Watch, one promising more cases of altered records in Judge Zuker's court, the other calling for volunteers to collect petition signatures to have Judge Zuker removed from the bench. Punition toward judges is not the only way of solving the problem. The attorney general could alter court procedures to place the preparation of transcripts out of the control of judges.

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More tampering with transcripts at Sheppard Ave E court claims local citizen

(June 1, 2007) - Another citizen contacted Court Watch today to advise us that his transcripts from the Sheppard Ave. E. court in Toronto have serious problems with them. According to this citizen, significant sections of what was said in court was missing from the transcripts which it would make it more difficult for him to appeal the judge's case. In light of the recent story of senior judge, Marvin Zuker, being caught for altering court transcripts, could the altering of court transcripts at the Sheppard Ave. E. courthouse be widespread? The citizen has indicated that he will be writing a letter to Court Watch for publication on this website.

Source: Canada Court Watch

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Petition to remove Justice Zuker from the bench

(June 3, 2007) - Court Watch was contacted by citizens from Ontario who indicated that Justice Marvin Zuker of the Ontario Court of Justice should be removed from the bench for breaking section 139(1) and section 122 of the Criminal Code of Canada (Obstruction of Justice for tampering with transcripts and Breach of Trust). In response to the Ontario Judicial Council's inability to protect the public's interest in the administration of justice as a result of Justice Zuker's criminal acts, they have started a petition to have Justice Zuker removed from his position as judge.

If you are a citizen anywhere in Canada who would like to participate in protecting democracy and the administration of justice in Canada by assisting in the effort to have Justice Zuker removed from the bench by collecting signatures on a supplied petition form in your own area, then please send in your request to info@canadacourtwatch.com and we will put you in touch with those involved in this effort. Although many have e mailed us about Justice Zuker, please, only those who are willing to collect some signatures and submit them to their local member of Parliament need apply.

Please include your name, address and phone number as all requests will be verified by phone. An information package will be sent out participants about collecting signatures in their own areas. Participants will be expected to deliver their petitions to their our local Member of Canadian Parliament (Federal) and additionally to their local member of Ontario Provincial Parliament if they live in the Province of Ontario. This will be done in coordination with the other Canadian citizens who will participate in this initiative.

Source: Canada Court Watch

Addendum: The following letter by Marvin A Zuker, published in the Toronto Star, shows that he shares the mindset of a social worker. In solving the problems of children, two words conspicuously missing are "mother" and "father".

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Toronto Star

Letter to the editor

Social inequality matter for us all

The Toronto Star, letter to the editor, by Marvin A. Zuker, Ontario Court of Justice, Toronto, Aug. 17, 2006.

re: Should 10-year-olds face a judge? Aug. 15.

With reference to Tracey Tyler's headline, I would suggest, with great respect to the minister of justice, that if the answer to crime in Canada is to lower the age of responsibility to 10 under the Youth Criminal Justice Act, then this is not the answer. Many young people today have no hope in their lives. Many think nothing about the consequences of their actions. It is as much about filling the gaps in community programs. It is as much about evening recreation events, summer jobs, and college tuition. We must begin by compensating for family disadvantage and look at the background and resources of families in need and children at risk.

Social inequality is a matter for all of us. Child protection agencies, given the expertise they provide, are far better able to deal with our youth, many of whom have mental-health disorders, developmental disabilities or are the victims of abuse, violence and neglect. We need an interdisciplinary approach to deal with the 10-year-old "criminal." Our understaffed, underfunded child protection agencies are still better equipped than the criminal justice system to deal with those under the age of 12.

It is more about keeping kids in school longer, e.g. up to 18; it's more about extending child protection to those up to 18; it's about providing the means for welfare recipients to go to college; it's about providing the opportunity for those children who have gone through our foster care system to be able to go to college. It's about parental behaviour, lack of supervision, rejection of children and the lack of involvement with children. It is about unconscious stereotyping.

The dichotomy of the child as a victim and the child as an offender is mirrored by the canyon between child welfare and corrections. If jails worked, then the United States would be the safest place on earth.

Marvin A. Zuker,

Ontario Court of Justice, Toronto

Source: Canadian Children's Rights Council

Bill 165 Enacted

May 30, 2007

Bill 165, the Provincial Advocate for Children and Youth Act, has been enacted. It provides some relief for children resourceful enough to get a complaint to the advocate. Barring a change of heart by Judy Finlay, it means an end to any possibility of bringing the scandalous conduct of children's aid societies to the attention of the legislature for reform.

Treatment Centres Expand

May 29, 2007

Today we present two contrasting items: Another proud announcement by Mary Anne Chambers, part of a $24.5 million expenditure on children's mental health across Ontario, this one targeted at the Niagara region. And a diary by the mother of a now twelve-year-old boy who is a "beneficiary" of the mental health services in the Niagara region. Read her chilling story before you celebrate the mental health expansion.

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McGuinty Government Providing More Assistance For Children And Youth With Special Needs In Niagara Peninsula

McGuinty Government Investments Are A Boost For Ontario's Most Vulnerable Young People

ST. CATHARINES, ON, May 28 /CNW/ - Minister of Children and Youth Services Mary Anne Chambers, Jim Bradley, MPP for St. Catharines and Kim Craitor, MPP for Niagara Falls, met today with children, youth and families with developmental disabilities and mental health challenges in the Niagara Peninsula to talk about new investments that are improving programs and services.

"Children's treatment centres are an important part of the continuum of services that provide young people with disabilities the best opportunities to succeed," said Chambers. "Our government is committed to providing children and youth with a range of complex special needs the support they need to not only reach their potential but realize their dreams just like other children and youth."

The Niagara Peninsula Children's Centre will receive an additional $291,600 in 2007-08. The funding will be used to provide services to 245 children and youth with special needs, including 45 currently on a waiting list. The centre also received $436,450 in funding as part of government investments last fall to better serve children, youth and families while strengthening local economies.

"This is terrific news for children and youth in Niagara with special needs," said Tim Wright, Executive Director of the Niagara Peninsula Children's Centre, site of today's announcement. "This additional funding will increase the centre's ability to provide rehabilitation treatments and other support services to children, youth and their families facing significant challenges."

The government is also providing $354,605 in new funding to six Niagara Peninsula agencies to enhance services to children and youth with mental health and behavioural challenges. The funding is part of an additional $24.5 million annual investment in child and youth mental health across the province and builds on previous investments in more than 260 child and youth mental health agencies and 17 hospital-based outpatient programs. One of the six agencies, Niagara Child and Youth Services, also received $135,500 in funding as part of government investments last fall.

"When we were elected, our government made it a priority to give children and youth with mental health challenges the support they need to reach their potential," said Bradley. "That is why we have increased funding for the child and youth mental health sector by nearly $80 million since 2004 and that is why we will continue to strengthen community programs and services."

This is the second increase in base annual funding to the child and youth mental health sector by the McGuinty government since 2004. Prior to the 2004 budget, the sector had not received a base increase for 12 consecutive years.

"We are working hard on many fronts to make a real difference for our province's most vulnerable young people," said Craitor. "Our government's investment will help our community organizations provide families with the programs and services that help children and youth succeed in school and in life."

Source: Press release from Minstry of Children and Youth Services
There is much more than copied here

Addendum: The story of the twelve-year-old boy has been removed.

Increased funding for child protective services

News You Don't Need to Know

May 29, 2007

Yesterday the Toronto Star published a series of articles showing failings of Ontario's daycare system. The articles became the topic of discussion in the legislature, which disclosed that the Star had to prevail in two years of litigation to be able to publish the story. As far as the Ministry of Children and Youth Services is concerned, it is news you don't need to know. Sadly, being the Star, the series suggests that the remedy is to give more tax money to the same ministry. We show one of the articles below. For the next few days you can read the whole series by clicking on "Source" and following the links.

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Dirty little secrets: Abuse in daycares

freedom of information report
TARA WALTON/TORONTO STAR
By filing a series of freedom of information requests that took more than 18 months, the Star obtained records detailing many disturbing incidents at daycare centres in the past three years.

You're not supposed to know it, but children in licensed centres endure filthy conditions, bad food and physical and emotional harm

May 28, 2007, Robert Cribb, Dale Brazao, Staff Reporters

Children in provincially licensed daycares have been hit, kicked, allowed to play in filthy conditions and fed allergy-triggering food that nearly claimed their lives.

A Star investigation based on thousands of never-before-released daycare incidents and inspection reports has uncovered a myriad of serious problems including children wandering off unattended, being forcibly confined in closets and storage rooms as punishment, and served meals prepared in mice-infested kitchens.

But even in the most egregious cases, the provincial Ministry of Children and Youth Services is often slow to act.

Daycares with a pattern of problems are allowed to operate for months or even years on provisional licences, while children are exposed to substandard conditions, internal government documents show.

"The conditions you highlight are unacceptable and we take it seriously," said ministry spokesperson Tricia Edgar.

"It is a concern. We're going to be looking at this. I can give you our assurance that we will do that. It isn't consistent with the health and well being of kids."

The records are typically kept secret. Parents who trust their children with a licensed daycare have no way of finding out if their daycare is exemplary or riddled with problems.

The Star obtained the records – which relate to the last three years – following a series of freedom of information requests that took more than two years.

They revealed serious problems at several hundred of the 4,400 licensed daycares in the province.

The highest rate of reported problems was in Toronto, but that may be because the city's daycares are more tightly regulated than others in the province.

Failing Care

Analysis by the Star’s Andrew Bailey

The Star’s investigation is based on three streams of documents and data relating to the last three to four years. The information obtained includes nearly 6,000 serious occurrence reports made by licensed daycares in a two-year period; three years' worth of city and provincial inspection records for food, safety and other issues; and four years of complaints filed by parents or others to the province.

Here’s a breakdown of the serious occurrence reports the Star obtained.

Serious injury accidental:
Toronto (1,150); Outside Toronto (1,281)

Disaster on premises:
Toronto (354); Outside Toronto (333)

Missing child:
Toronto (394); Outside Toronto (280)

Alleged abuse/mistreatment:
Toronto (433); Outside Toronto (242)

Serious injury self-inflicted/or unexplained:
Toronto (249); Outside Toronto (205)

Complaint made by or about child:
Toronto (303); Outside Toronto (204)

Complaint about service standard:
Toronto (135); Outside Toronto (178)

Serious injury caused by daycare provider:
Toronto (15); Outside Toronto (11)

Use of physical restraint-no injury:
Toronto (0); Outside Toronto (5)

Racial incident/human rights violation:
Toronto (42); Outside Toronto (0)

Toronto total (3,075); Outside Toronto (2,739)

While the majority of daycares appear to be well run, child care in Ontario suffers from a lack of funding that often translates into troubling conditions and poorly trained or unqualified staff.

"We've had an avalanche of problems," says Bobby Bhar, who operates two Etobicoke daycares that have had repeated problems.

The inspection reports on his two Children's Corner Day Nursery locations are a parent's worst nightmare.

One centre is at Royal York Rd. and Wilson Ave.; the other is on Kipling Ave. south of Steeles Ave.

The reports detail allegations of abuse and mistreatment of children, filthy conditions and child injuries. Repeated problems have meant the daycares have operated beneath minimum legislated standards for much of the past three years.

Despite repeated visits from provincial inspectors, threats of closure and deadlines to make fixes, the two daycares have continued to look after more than 120 children.

Bhar said he would like to provide better care but lacks the funds.

The Star's research is based on four types of information: reports by provincial and city inspectors; serious occurrence reports made by daycares when there is an injury, an allegation of abuse or a child gone missing; enforcement actions by city or provincial authorities; and complaints made by parents.

Since 2000, nearly 500 licensed daycares have received provisional licences, which are granted to centres that do not meet minimum standards on the condition that they will correct serious problems. The ministry has shut down only 13 daycares during that period.

Daycares in Ontario are operated by non-profit organizations, colleges, municipalities and for-profit companies.

Of the nearly 4,400 licensed daycares in Ontario, 78 per cent are non-profit and the remaining 22 per cent are for-profit centres.

Many daycares with the most serious problems, according to provincial and municipal records obtained by the Star, are for-profit operations. Studies have shown higher quality childcare is most often provided by non-profit organizations – findings that are disputed by organizations representing private commercial daycares.

At one commercial daycare in Brampton, a 2-year-old almost died of an allergic reaction to peanuts because the daycare did not call 911.

Instead, staff at Rise-N-Grades Montessori School and Daycare monitored the child and eventually called the parents. When Sylvia and Neil Miggiani arrived they found their daughter covered in hives, eyes nearly swollen shut, vomiting and choking. Sylvia ordered staff to call paramedics who saved the girl's life.

"I went through so much to have a child and to think that in one meal at a daycare centre, that it could have all ended," says the mother.

"I can't even begin to tell you how horrible that was."

Contacted by the Star, Tim Waghorn, who runs the daycare with his wife Karen, declined to comment on the allegations, saying they now have a clear licence to operate.

Experts say problems in Ontario daycares are the result of a childcare crisis in Canada caused by chronic underfunding and the lack of a national program for funding.

A major international study last year ranked Canada at the bottom of a list of 14 industrialized nations when it comes to spending on early childhood education.

The study, conducted by the Paris-based Organization for Economic Co-Operation and Development (OECD), found Canadian child care services rely on underpaid child care workers who receive little support for training, high parent fees and small subsidies.

The Conservative government's decision to scrap funding for a national daycare program in favour of direct payments to families has failed to address what child care advocates call a "mounting social problem."

"We're not even in the game," says Martha Friendly, a child-care advocate and co-ordinator of the Toronto-based Childcare Research and Resource Unit. "We're the lowest spender, which shows how much value we place on it."

The chronic shortage of daycare spots leaves parents with little choice.

Nearly 17,000 families are on waiting lists in Ontario – nearly 9,000 in Toronto alone.

The children's ministry's spokeswoman said that while daycare spots are in short supply, the ministry does not tolerate poor conditions in order to keep substandard centres open.

"The issue of child safety is not a balancing act or something we would waver on. In a situation of immediate danger to health or well-being (a daycare) would be closed immediately. And that does happen."

One harrowing example is Weeza's Wee Ones in Emsdale, Ont. It lost its licence in 2001 after the ministry alleged staff yelled, kicked, slapped and spanked children and even shoved an eraser in the mouth of a child who refused to "shut up."

The operator did not appeal the closure order.

It's legal to operate an unlicensed daycare as long as there are fewer than five children. More than five children in an unlicensed daycare is illegal.

Last month, the operator of an illegal daycare with 26 children in a small Riverdale row house was charged with criminal negligence after a 22-month-old child was allegedly bitten 18 times by another child.

Fewer than 20 per cent of Ontario children attend licensed facilities. The rest are cared for by their families or are in unlicensed daycares.

Even those who are in regulated programs have no guarantee of high quality care.

The provincial Day Nurseries Act sets only a minimum level of care and although the legislation requires daycares to voluntarily report serious occurrences within 24 hours, provincial inspection records contain numerous examples of serious incidents that went unreported.

Dale Brazao and Robert Cribb can be reached at daycare@thestar.ca or (416) 945-8674

Source: Toronto Star

Addendum: Today after much criticism, Mary Anne Chambers conceded that this is news you have a need to know after all — but only after a delay of months. The editorial in the Star below discusses this unnecessary foot-dragging.

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Get daycare data online promptly

May 29, 2007

Parents who are contemplating sending their child to any licensed daycare in Ontario should be able to find out easily whether it meets the minimum standards of safety and cleanliness. But a lengthy Star investigation, based on thousands of daycare incidents and inspection reports that had been kept secret for years, uncovered a wide range of serious problems about which parents had no way of learning.

Among the incidents were cases of children being kicked and slapped, left unattended and forcibly confined in closets and storage rooms. As well, the government had records of numerous centres throughout the province where mice had infested kitchens and where children were forced to play and takes naps in filthy conditions. Overall, there were 5,814 serious occurrences reported in 2005-06 alone.

Despite such appalling findings, the Ontario Ministry of Children and Youth Services, which licenses the centres, apparently dragged its feet when it came to cracking down on the centres, especially on daycares with a history of problems. Some daycares were allowed to operate for months and even years with provisional licences, granted to centres that fail to meet provincial standards.

So why can’t parents easily learn which daycare centres are operating with provisional licences?

Only through repeated Freedom of Information requests that took more than two years to complete was the Star able to obtain the records on Ontario’s 4,400 licensed daycares for the past three years. Even then, large parts of the records were blacked out.

Such secrecy is unconscionable. The ministry has an obligation to inform all parents, not just those whose children might be attending an affected centre, when a daycare is in violation of its licence.

That is especially true given that the Star investigation found that since 2000, some 500 daycares have received provisional licences on condition they would correct serious problems. Yet some of these centres have been allowed to operate on provisional licences for much of the past three years despite repeated threats of closure.

To her credit, Mary Anne Chambers, minister of children and youth services, said yesterday that information on daycare inspections will start to be posted on a government website.

But she says it will take months before the website is operating. Such delay is nonsense. If some teenagers can construct a website and have it up and running in less than a day, what is Queen’s Park’s excuse for taking several months? There is no reason why the site cannot be running by the end of this week. The ministry has all the information, as the Star’s investigation clearly proved.

The website should include reports by city and provincial inspectors, provide easily understandable information about which centres are operating on provisional licences, what steps they must take to get their full licence and how long they have to do so. If an allegation of abuse or neglect is proven, that information should also be posted along with what actions were taken against the owner and staff.

If Chambers cannot have the website running by Friday, she should explain why. Our children need protecting now.

Source: Toronto Star

Addendum: On August 17 Mary Anne Chambers announced the opening of the licensed child care website.

Social Workers Venerated

May 29, 2007

Pending legislation, bill 171, the Health System Improvements Act, 2007 will allow persons now qualified to be called "social workers" to also use the titles psychotherapist or registered mental health therapist. The relevant sections are in Schedule Q. Soon the professionals who snatch a baby from a mother in the delivery room will have more venerated titles than the physicians who spent years in university learning how to safely deliver babies. A reader points out that supporter George Smitherman could have been the target of mental health therapy himself when homosexuality was still treated as a disease.

Kangaroo Collision

May 26, 2007

On Thursday news channels reported a collision between a vehicle and a kangaroo near Primrose. Police later withdrew the kangaroo story, saying the animal was a deer.

Information provided to Dufferin VOCA indicates the animal really was a kangaroo, which escaped injured but alive. The kangaroo has taken up residence in the chambers of a Dufferin family law judge.

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Misreported kangaroo collision makes news

Thursday May 24 2007, RICHARD VIVIAN, Banner Staff Writer

After hearing of a kangaroo collision in Primrose, Shelburne-area resident Tony Porter raced to make sure Jackie Jr. was safely where he was supposed to be. Much to the man's relief, his three-year-old pet kangaroo was securely in the barn.

"It was pretty upsetting," says the owner of Fuzzy Foot Farm, explaining he had just gotten up Wednesday morning when his wife heard a traffic report which warned commuters of a slowdown on Highway 10, near Highway 89. Drivers were stopping to take a look at a dead kangaroo on the side of the road.

"She comes flying out of the bedroom ... [and] we go chasing down to the barn and he's standing there."

The collision, which was eventually confirmed by police to involve a fawn, not a kangaroo, was reported on several radio and television morning shows, as well as on the Toronto Sun website. Believed at the time to be a rather unusual occurrence for this part of the world, the matter was joked about by many as the information was presented to listeners and viewers.

News of the incident spread after OPP received a call from a passerby at 7:34 a.m., and posted the provided details on a website used to give traffic updates to the media.

"I did question it at the time," says Const. Julia McCuaig, media relations officer out of the OPP provincial communications centre in Orillia. However, she notes the caller was "someone who's familiar with the area because he knew a farmer in that area owned a kangaroo" which lent credibility to the claim.

Concerned about a road hazard, McCuaig posted the information so commuters could be warned to be careful.

"When there's a large object on the road, generally vehicles swerve to miss it or maybe they stop suddenly," she says.

Dufferin OPP and Porter later attended the scene and located the animal in question at the side of the road.

"The way it was laid out, it isn't really a stretch [to think it was a kangaroo], it's just an odd conclusion," Porter says, suggesting anyone who took a close look would quickly realize it was a deer.

"This has affected a lot of people," he continues, noting that during a stop in Shelburne later in the day, people were approaching him virtually in tears after having heard the initial report. "Jackie is alive and well."

Source: Orangeville Banner

Armed Robbery

May 26, 2007

Here is yet another sideline for those heroic social workers who save your children — armed robbery. Trent Gunn is accused of driving the getaway car for armed robbers, formerly wards of the State of Connecticut. In firing him, the state seemed most concerned not about the robbery, but about socializing with clients. Wow!

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Worker Tied To Robbery Fired

DCF Says Employee Violated Policies

By COLIN POITRAS, Courant Staff Writer, May 19 2007

A former Department of Children and Families employee of the year has been fired in connection with allegations he participated in a Hartford armed robbery with two youths in state care.

Trent Gunn has been fired effective May 25, DCF officials said Friday.

Gunn, 35, a children's services worker at a state-run group home for abused and neglected youths, has been on paid leave since Feb. 9. Gunn had been chosen at the Connecticut Children's Place in East Hartford as that facility's 2005 employee of the year.

Gunn, who was arrested Jan. 29, has pleaded not guilty to first-degree robbery with a dangerous instrument and first-degree burglary with a firearm. He is free on $100,000 bail pending an appearance in Superior Court in Hartford on May 25.

Hartford police have accused Gunn of taking part in an armed robbery on New Park Avenue on Jan. 28. According to court records, a New Britain man walking along New Park Avenue about 11 p.m. reported he had been robbed by two males who threatened him with a knife and a gun. The thieves made off with $85 and the man's watch, police said.

A car being driven by Gunn that matched the description provided by the robbery victim was stopped about 3 a.m. in West Hartford, records show. The robbery victim identified Gunn and two youths in the car as the people who robbed him, police said. Police found a knife in the car but no gun.

Sources familiar with the investigation said the two youths in the car were former teenage clients of Connecticut Children's Place.

In Gunn's termination letter, DCF officials cited Gunn for violating department policy regarding personal relationships with clients in state care. Gunn was also cited for neglect of duty, deliberate violation of state regulations and engaging in activity detrimental to the agency or state's best interest.

Gunn has a right to appeal his dismissal to the state Office of Labor Relations. Gunn, who lives in Bristol and who was making about $51,200 annually at DCF, could not be reached for comment.

Contact Colin Poitras at cpoitras@courant.com.

Source: Hartford Courant

Real F4J Lives On

May 26, 2007

Today Pete Chipping climbed onto a courthouse in Carlisle (UK) to express his opinion.

Pete Chipping

Source: Real Fathers for Justice
alert by Jeremy Swanson

More on DC Rally

May 25, 2007

The Rally planned for Washington DC for August 18, 2007 is getting big. Organizers have already raised $32,000 of a needed $75,000. T-shirts for the rally are available online from AFRA. The number of participants should be in the thousands, or more. The organization is even planning for mundane needs such as portable toilets. For readers in southern Ontario and Quebec, this rally can be reached in an overnight trip.

Here are two YouTube videos, one by the rally organizer Minister Ron Smith, and another by AFRA.

Addendum: Here is a passionate call for support from Robert Pedersen

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Similar to the Roman civilization, the few hold power over the many by means of fear. Fathers (usually) remain stagnant because of depression and obsession over their own cases, and the fear of consequences from the family court systems. Even worse, our so called "leaders" and many organizations are failing to seize the perfect opportunity for change.

Upon analysis of family law reform groups in the United States we have see them come and go with minor steps towards progress. The Divorce Racket Busters, MEN International, Million Man March and the Promise Keepers have all tried different avenues towards change. Many remain to this day but are less prominent in scope than once before.

There are more prominent groups today that are failing to seize the perfect opportunity for change. Some are so caught up with their own self identity and their way of doing things that they refuse to openly support the August 18th 2007 Washington, D.C. Rally. The purpose of the Washington, D.C. Rally is to bring EVERYONE together both those who wear costumes and those who refuse to. Even those who want only to educate and refuse to hold a rally sign for fear of not being politically correct.

These groups fall under different chosen categories such as children's rights, father's rights, family law reform, non-custodial parent's rights, non-custodial mother's rights, men's issues, etc. We are far too fragmented to ever be seriously effective. Many of these organizations, in which some of us pay membership fees, are failing us. They are either failing to support the Washington, D.C. rally or they are giving verbal lip service with no serious form of action beyond that. Should we continue supporting all of these numerous fragmented groups if they still do not know how to work with others for the sole purpose of change? Is my money better spent in donating to the Washington, D.C. Rally directly, as opposed to sending my money to various organizations to become a member?

If these organizations do not kick it into overdrive and start helping financially and with other forms of action, I say my money this year is best spent for an event of ACTION. August 18, 2007 Washington, D.C. Rally. If some of these organizations refuse to support this effort because not every one attending the Rally will be wearing a yellow hat, as an example, then it is up to us to recognize that they are too self absorbed in their groups identity and selfishly place their own organization above the perfect opportunity for change. There have been some organizations, such as LA Dads, that have stepped up in a serious way despite being so far away geographically from these events.

There are also naysayer organizations that wish for this Washington, D.C. Rally to fail. Their thought process is that since the rallies in the past have failed in D.C. then surely this one will also. If you seek failure, you most certainly will fail! If you seize this opportunity and seek success, this will most certainly be a self-fulfilling prophecy. We already know based on head count alone that more will be in attendance at the D.C. Rally then compared to the ones in the past which have failed.

My plea to all who read this! Refuse to listen to those who speak of failure! Refuse to listen to those who say since it failed in the past it most certainly will again! Do not support organizations that do not promote family law reform, but only negative energy coupled with a defeatist attitude.

There are also numerous family rights organizations and churches that refuse to support things such as EQUAL Parental Rights after a divorce. These family rights organizations, in Michigan and throughout the U.S., are failing all of us to an extent that people should be outraged. Phyllis Schlafly herself commented on this in her piece titled Fathers Day Lament. I have personally contacted several groups in Michigan and they refuse to support EQUAL Parental Rights, yet their donations keep rolling in.

Shame on all of us for supporting organizations that refuse to recognize that having EQUAL Parental Rights legislation has been shown to reduce crime, reduce divorce rates and helps children in the long run after a divorce. They advocate for family rights, but apparently this ends once a divorce occurs. With families dissolving at a rapid pace, it may be wise for them to look closer at EQUAL Parental Rights as part of their platform.

Another source of frustration among the "foot soldiers" who are fighting daily in the trenches for various family law reforms are with those single individuals who are considered experts or leaders within the areas of children's rights, family rights, and father's rights. You know who they are without a name being mentioned. You have long bought their books, DVDs, articles, advertising, their speeches and even their legal representation.

My second plea to all who should read this. STOP! STOP supporting their work, books, legal services and more. To profit from this industry, under the shield and protection of being titled an advocate for change, is immoral and wrong without actively seeking the end of the industry from which they profit. Now is the time for these "leaders" to step up and standout! How much have they donated to the Washington, D.C. Rally? How much have they donated to the EQUAL Parenting Bike Trek? Are they the ones pedaling over 600 miles for change? Over 9 hours a day in the saddle pedaling for 6 days? If they are too politically correct or fear credibility loss in the eyes of certain elitists, they can certainly make anonymous donations. They are smart people and I am sure they can figure it out.

Some of these "experts" or "leaders" even want to charge a speaking fee to show up for the August 18th Washington, D.C. Rally! All of us should be outraged over this! Immediately stop supporting these individuals! There are enough parasites attached to us now. All of us in the trenches look up and see the various vultures circling around us in the sky above. Stop buying their services, books, DVDs, etc and help in any way you can with the Washington, D.C. Rally. Is $5 too much when you spend $25 on their books? It is time for these leaders to put their money where there mouth is. Or better yet, it is time for them to exercise their writing skills by writing not yet another book, but a check as a donation for this rally.

My third and final plea to all. Stop complaining and start performing measurable forms of action. Complaining will get you and your case nowhere. I have been there and I know it is personally difficult to get over the depression and self obsession of your own case. Get out of the Yahoo groups and start actively helping with the overall movement of changing this current state of madness. Yahoo ... hah! It is more like super glue or perhaps voodoo, it might make you a guru but in the end creates nothing more than the taste of stale tofu. The herd mentality, like a group of lemmings, we do nothing more than jump off the cliff together.

Our various organizations all suffer from those who want to benefit from the efforts of the groups; however they rarely dedicate their own time and energy towards changing the system. However, not everyone is like this and a few have really stood out. For example, there is Paul Burton who openly blogs to the fact that he does not have a penny to his name after buying a bulk order of advocacy bumper stickers. Despite his lack of financial fortune, he has committed to donating a portion of his profits to the EQUAL Parenting Bike Trek. Paul may not have financial wealth but he has a form of wealth that can never be taken away — passion and dedication towards change.

I am by no means the perfect advocate. I do dedicate a lot of time and energy which I really do not have towards the daily pursuit of change. I have never profited from advocacy and continuously I find myself dishing out more time and money than I had intended to. I do not regret any of this. I will, however, no longer support any group or individual "expert" unless if I see their immediate action in helping with the perfect opportunity of change. I am a member of various organizations which have failed me personally with their lack of support towards the D.C. Rally. They will not see a single dime from me ever, if they continue to ignore the perfect opportunity in bringing all of us together on August 18th, 2007. The same holds true of the individual "experts" in the areas of children rights, father's rights, family law reform and family rights. This is the greatest opportunity for all to show whether they are actively apart of the solution.

Onward I charge (and pedal),

Robert Pedersen
Box 119
30 E Columbia Ave Ste F1
Battle Creek, Michigan 49015
robertpedersen@achildsright.net

Proud dad of two children deprived of their right to EQUAL time with their fit father.

Source: email from Robert Pedersen

Judge Falsifies Records

May 24, 2007

We have been carrying articles recently about falsification of court records by the court itself, for example Harry Kopyto and Gil Labossiere. Today's story deals with a judge, Marvin A Zuker, admitting to falsifying his records. The penalty? Nothing. The judge wrote a letter to the victim, but remains on the bench. The adjudicator, Justice Robert Blair, treated the incident as a one-time failing, though Canada Court Watch has found the practice to be habitual. Now what would happen if one of us submitted falsified information to the court? Loss of children? Jail? Ten thousand dollar fine? The judge's counsel, high-priced divorce lawyer Phil Epstein, must have been surprised at his client's admission, since he has never benefited from an inaccurate transcript in his own practice.

Note: The judge is Marvin A Zuker. The spelling Zucker below is an error.

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May 24, 2007

Judge gets a slap on wrist

By KEVIN CONNOR, SUN MEDIA

An Ontario Court judge was given a warning yesterday for a "slip from grace" in tampering with court transcripts.

Family court Justice Marvin Zucker admitted to the Ontario Judicial Council that he committed judicial misconduct by making deletions and additions to court transcripts in a case where paralegal Harry Kopyto was trying to represent a woman battling a supervision application by Jewish Family and Children's Services.

In July 2005, Zucker refused to allow Kopyto to represent the women because of his history and for being "adversarial" in court -- remarks Zucker later removed from transcripts.

Zucker apologized to the OJC, admitting it was wrong, but he stuck to his guns about not letting Kopyto represent the woman.

"She faced the possibility of losing her children," Zucker said. "I had grave concerns proceeding with Mr. Kopyto and I felt it was imperative for her to have legal counsel." Kopyto was disbarred in 1989 for bilking Ontario Legal Aid of more than $150,000, said Zucker's lawyer, Phil Epstein, who sat on the disciplinary panel that disbarred Kopyto.

Zucker made a "slip from grace," said OJC chairman Justice Robert Blair, who issued Zucker a warning and ordered him to write a letter of apology to Kopyto and his client.

Calling the outcome "outrageous," Kopyto said it proves judges are above the law.

Source: Toronto Sun

Real Danger to Children

May 24, 2007

Dr Dolores Sicheri, who has actively opposed the bugaboos used by the children's aid society to steal children from their parents, today comments on a real danger to children — cancer.

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Youth cancer rates 'obscene,' MD says

Film takes aim at health impact of trucks, pollution

Dave Battagello, Windsor Star, Thursday, May 24, 2007

Dolores Sicheri
ALARMING: Dr. Dolores Sicheri, an oncologist at the Windsor Regional Cancer Centre, says cancer is “an environmental disease,” pointing to the volumes of heavy metals and pollutants in our air and water. CREDIT: Dan Janisse, Windsor Star

Babies born in Windsor already have up to 287 industrial chemicals in their blood, a new documentary film reveals.

Toxic Trespass, sponsored in part by the National Film Board of Canada, debuted Wednesday in Vancouver at a documentary film festival. It will be screened again Saturday during a three-day cancer conference in Ottawa.

The film takes aim at the health impact caused by thousands of diesel trucks rolling daily through Windsor's streets, plus the huge volumes of industrial pollution produced across the river.

The writer and director of Toxic Trespass is Toronto filmmaker Barri Cohen, who appears in the film with her daughter to confront polluters, researchers and government officials who see no link between environmental problems and childhood disease.

The documentary was not intended to single out Windsor, but to show that this city is typical of what's happening around the world, said the film's executive producer Dorothy Goldin Rosenberg, a film consultant at the University of Toronto's Ontario Institute for Studies in Education.

Sarnia is also featured in the film.

"It will be an eye-opener for many people as to the extent we are exposed to these chemicals," she said.

"People are getting sick in numbers never seen before. Asthmas, cancers, birth defects, autism, and deformities -- the statistics are growing and we need to do something about this."

The making of the film led to revelations even for Rosenberg: "It was the extent to which these issues are prevalent. There is nothing like seeing it for yourself."

She pointed to the health implications of this city's border truck problems. The resulting diesel emissions spill into nearby homes, she said.

"For the people in Windsor, something needs to be done." For example, she said, freight trains should be used more frequently instead of trucks.

"You can not allow for more of the same.

"Can you imagine what the traffic in Windsor is going to be in the future? People need to think 10 years ahead. There will be even more."

A Windsor mother whose nine-year-old daughter was diagnosed with a rare form of leukemia at the age of 16 months is among those featured in the film, she said. Others include local pediatrician Dr. Mark Awuku and one of the city's top local oncologists, Dr. Dolores Sicheri of the Windsor Regional Cancer Centre, who has spent years on the front line confronting the deadly disease.

ENVIRONMENTAL

"Cancer is an environmental disease," said Sicheri, pointing to the volumes of heavy metals and PCBs in our air and water. "There is an increase in cancers (in Windsor) -- and young cancers.

"There are so many young people with cancer here it's obscene."

Government has failed in its obligation to provide clean air and water, she said, adding numbers have also jumped locally for cardiovascular problems, diabetes, autism, multiple sclerosis, Parkinson's disease and even mental health problems, which she said can also be linked to toxins in the body.

She points to Zug Island, Detroit's incinerator and border trucks as easily identifiable contributors to our health woes.

"If they build another truck route on our streets it will be the death of this city," Sicheri said.

"Diesel is killing us. The smog is so bad. You can't work outside or exercise. We are just the canary in the coal mine. Government has to put more here into prevention. It isn't enough just to treat patients after the illness.

"My fear is that this generation will not live longer than their parents. There will be shorter life spans.

Our failure as a society will cost our children. Our children will have to clean up the mess that we left them."

Leo Petrilli, a local customs officer and environmental activist, is also in the film talking about the impact of trucks on Windsor -- the busiest border crossing in North America, handling $160 billion per year in trade.

"We've never heated the planet faster than we have since NAFTA became reality," he said. "(The film) is important because it will help make everyone realize what's going on.

"Everything is shipped by truck. There are chemicals in diesel and there is not a proper structure (locally) to get freight across. You've got 16 traffic lights and trucks stopping and starting, belching diesel into this community.

CAN'T BREATHE

"You have environment on one end of this and business on the other end. But if you can't breathe, you can't do anything.

"We deserve the best equipment and information. We deserve clean air and water like anybody else. That's not happening. I hope this gets politicians and business on the same side with environmentalists so we can sit down and figure out a way to get business done and get people healthy."

It is anticipated the documentary will soon be shown in Windsor, but no plans are finalized, Rosenberg said.

Source: Windsor Star

Children and Youth Advocate

May 23, 2007

The Ontario Hansard now has the committee debate tuning the powers of the proposed Provincial Advocate for Children and Youth.

The full bill as amended is also available. In its current form the child protection industry has little to fear from the advocate.

The Advocate must be a person with significant experience in areas such as children’s mental health, child welfare, developmental services, youth justice, education or pediatric health services.

The advocate will likely be a career social worker. Their credentials allow them to earn $100,000 or more in the field, but outside of social work are employable only as waitresses. The advocate will not be jeopardizing her career by attacking her own profession. Appointment of a university professor could sidestep this restriction.

Subpoenas? Not for the advocate:

14 Restriction on advocacy

(3) Nothing in this Act permits the Advocate to summon and enforce the attendance of witnesses, to compel testimony under oath or to compel witnesses to produce records or things.

The advocate must swear an oath of confidentiality. The following provision will prevent identification of rogue social workers and other miscreants:

18 9. The Advocate may not disclose in a public report or public communication the name or identifying information of any individual who has not consented to the disclosure unless a person who is authorized to consent on behalf of the individual in accordance with paragraph 11 has consented to the disclosure.

Based on volume of complaints, child protection reforms are most urgent in Hamilton, Windsor and Kingston, but the advocate will not be able to disclose that, even if she agrees.

Adoption Disclosure Defended

May 22, 2007

The lawsuit by Clayton Ruby seeking to nullify the Adoption Information and Disclosure Act is being opposed. Here is a newsletter from the group defending adoption disclosure.

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Update from the Coalition for Open Adoption Records

May 20, 2007

Dear friends:

Over the past several months our lawyers at Heenan Blaikie and the COAR Coordinating Committee have been busy preparing simultaneously for our application for intervenor status and the upcoming constitutional challenge to the Adoption Information Disclosure Act (Ontario).

We were delayed initially in making our application for intervenor status because we were waiting for the government lawyers to explain to our lawyers what their strategy in the case would be. In order for a judge to grant intervenor status, the applicant has to demonstrate that they will bring something different to the court case and will not simply repeat information provided by the other parties. We have now made our application and it will be heard by a judge later this month. Not surprisingly, our opponents’ lawyer, Clayton Ruby, has objected to COAR’s application for intervenor status. However, our lawyers are cautiously confident that we will be accepted.

Assuming that we will be granted intervenor status, our lawyers are preparing our case. We are currently busy locating experts willing to get involved and support us.

The case is scheduled to be heard on June 27– 29, 2007 in downtown Toronto. We hope that some of you will be able to come and show your support for open records by sitting in the court room. When we know further details regarding the location and time, we will let you know.

Our lawyers have indicated that this will be a long journey as it is likely that the group that loses the initial case will appeal to the Ontario Court of Appeals. We should all be prepared for a lengthy battle – It’s lucky the adoption community has so much experience in fighting long fights! We’ve been fighting for open records for over thirty years.

We will keep you informed as we learn more.

Sincerely,

Michael Grand mgrand@uoguelph.ca

Karen Lynn ccnm@rogers.com

Wendy Rowney wrowney@rogers.com

The COAR Coordinating Committee

Source: Coalition for Open Adoption Records

Family Law Promotes Crime

May 22, 2007

Readers of this site know that excessive child protection contributes to crime because of the damage it does to children. There is another way — the large number of cops required for courtroom security reduces the ability to control common crime. The Norris case contained an example. On June 29, 2006 police overstaffed the family court hearing for Cathy Norris. In another courtroom understaffed police were unable to keep the peace in the homicide case against Steven Steacy.

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May 21, 2007

Chief's budget woes

Court security drains force

By SHARON LEM, SUN MEDIA

Providing officers for court security is taking too many cops off the streets, Durham Region's chief of police says.

The $6 million spent to provide daily security for provincial and federal courthouses -- an amount that doesn't include extra security for high-risk cases -- needs to be paid for by the province, Vern White said.

"Court security costs and prisoner counts are absolutely not sustainable, and security decisions have not been based on realistic risk assessments," said White, who implements the security plan.

"We've been providing officers based on what the court and judges are asking for when we should have been basing it on risk assessment.

"I spent the equivalent of 58 officers to supply to the courts when I should have put those 58 officers on the streets to deal with our increased youth crime and gangs," he said.

PROVINCE SHOULD PAY

White doesn't think court security should come from the police service's budget.

"We don't own the building, the province runs the courts and they should take responsibility for court security costs and pay for it instead of downloading that cost onto us," he said.

White said most of the $6 million goes to the wages of police officers and civilian special constables, who protect court participants and take prisoners to and from holding cells.

"Staffing metal detectors and providing armed officers to guard small claims courts are not core police security functions," White said.

He noted that British Columbia's and Alberta's provincial governments pay for their own court security costs.

In 2005, the service handled 14,286 prisoners. That rose to 18,324 in 2006. The numbers are up 25% for the first quarter of 2007.

Source: Toronto Sun

US Parents Can Represent Children

May 21, 2007

An important decision by the US Supreme Court helps parents protect their own children. In a court, a person can be represented by himself or a lawyer. American courts have used this rule to prevent parents from speaking for their children in the courts. Now the Supreme Court has rejected the idea, and said that the interest of the child is that of the parent. The practical effect is to allow children of parents who are not wealthy to have a voice in judicial proceedings.

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The Washington Post

Justices Back Parents in Special Ed Case

By MARK SHERMAN, The Associated Press, Monday, May 21, 2007; 4:26 PM

WASHINGTON -- Parents need not hire a lawyer to sue public school districts over their children's special education needs, the Supreme Court ruled Monday.

The decision makes it easier for parents to file federal lawsuits if they are unhappy with a local school system's plans to educate children with mental retardation, autism or other disabilities.

Justice Anthony Kennedy, writing for the court, said not just children, but also their parents have legal rights under the Individuals With Disabilities in Education Act, the main federal special education law.

"They are, as a result, entitled to prosecute IDEA claims on their own behalf," Kennedy said.

Justices Antonin Scalia and Clarence Thomas, who partially dissented from the decision, said they favored giving parents more limited rights to sue.

The decision came in the case of Jacob Winkelman, a 9-year-old autistic boy from Ohio, whose parents argued they were effectively denied access to the courts because they could not afford a lawyer to challenge the school district's plans for their son.

Federal law gives every child the right to a free appropriate public education, which in the case of special needs children sometimes means enrollment in a private facility.

But most federal courts had concluded that parents who are not lawyers and who want to challenge decisions have to hire an attorney to represent them.

The court sided with Jacob and his parents, Jeff and Sandee Winkelman, in their fight against the Parma, Ohio school district in suburban Cleveland.

The Winkelmans can't afford a lawyer or the cost of private schooling for Jacob. Neither parent is a lawyer.

The parents objected to the Parma schools' plan to educate Jacob at a public school. They wanted the district to pay for his $56,000 yearly enrollment in a private school that specializes in educating autistic children.

The Winkelmans have spent about $30,000 in legal fees since first contesting Jacob's treatment in 2003. Jeff Winkelman has taken a second job while his wife has researched previous court rulings and written her own filings.

Sandee Winkelman said she might press the case on behalf of Jacob with one of several attorneys who have offered to represent the family for free. If that doesn't work out, she said, the family would proceed without an attorney.

"I would prefer to give Jacob the best chance with an attorney. That's the best-case scenario," she said after the ruling was announced. "I'm very pleased. It restored a lot of faith I have in the system."

It is unclear how many parents forgo lawsuits because they can't afford them, although advocates for disabled children said in court papers that most parents of disabled children lack the means to hire a lawyer.

Nearly 7 million of the nation's 50 million children in public schools are enrolled in special education programs.

Francisco Negron, general counsel for the National School Boards Association, said he understood that the justices worried about not "foreclosing the right of parents to seek their day in court."

But Negron said the decision left unresolved questions about how effectively parents who are not trained in the law could represent their children's interests in a court proceeding.

"Our greatest concern is whether this means parents will see this an open gate to litigate rather than collaborate. That would be a shame because IDEA has always been about collaboration," Negron said.

Parents unhappy with a district's plan can appeal the decision through an administrative process. If they remain dissatisfied, they can file a civil lawsuit on their child's behalf, federal courts have said. At that point, however, most courts have said the parents must hire a lawyer.

Whether Jacob should have private schooling at public expense was not before the Supreme Court, only his parents' right to go into federal court without a lawyer.

The 6th U.S. Circuit Court of Appeals had ruled in the school district's favor. Monday's ruling overturned that decision.

The case number is Winkelman v. Parma City School District, 05-983.

Source: Washington Post

Court Transcripts Altered

May 21, 2007

Canada Court Watch has posted a letter from Gil Labossiere (pdf), attaching letters from several other cases. Canada Court Watch departs from its usual practice by giving the names of all but one party. Mr Labossiere (website) got court transcripts that were altered — the electronic recordings were altered before being transcribed to paper. Goran Kapetanovic also had his court transcripts altered. In two other cases, David John Sykes and an anonymous litigant were prevented from bringing a recording device to their own court hearing, though Ontario law allows a party to a case to record his own hearing. The last letter is from Gene Colosimo, a father separated from his children for ten years. Here is our local copy of the letter.

Calls to Action

May 20, 2007

John Dunn is suggesting two actions to help reform children's aid. First, apply for membership. Second, tell him (and a reporter) of any children forced to take psychotropic medications.

Membership:

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I would like to challenge everyone to at least apply to a CAS for a membership. Sometimes the receptionist does not know what you are talking about when you ask for a membership, so if that does happen, just ask to be put through to the Executive office.

Request a membership application form and get back to us on the list if you have done so. I would like to start an association of children's aid society members. You can join the list now at groups.google.com/group/oacasm/about

John Dunn

Psychotropics:

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Here is her message.

Please respond to me at afterfostercare@hotmail.com with the subject line of "kids on drugs" so I know it is about this.

PLEASE DISTRIBUTE FAR AND WIDE:

===Reporter Email ===

Hi there:

Further to our conversation, I'm writing an article about the use of psychotropic medication in the child welfare system. The number of kids in care on drugs prescribed to deal with various diagnoses like ADHD and anxiety is definitely a lot higher than in the mainstream population, and there's some suggestion that drugs are being used as a chemical restraint.

I'm looking for kids, or their families, who are being or have been prescribed psychotropic medication while in the child welfare system and would like to talk about the experience.

Judge Chews Out CAS

May 19, 2007

A Nova Scotia judge has lambasted the Children's Aid Society of Cape Breton-Victoria for misleading the court. The society has responded with a programmed answer indicating no real intention to reform.

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Last updated at 11:15 PM on 18/05/07

Judge slams children’s aid society for misleading court

STEVE MACINNIS, The Cape Breton Post

SYDNEY — The Children’s Aid Society of Cape Breton-Victoria has breached the very act it is supposed to uphold by intentionally and deliberately withholding information in a child custody case, a Supreme Court judge has ruled.

In a scathing decision, Justice Theresa Forgeron described the testimony of two agency workers — Marilyn MacNeil and her supervisor John Janega — as incredulous, unconvincing and evasive and both were deemed not to be credible.

“The agency made a decision that the children should be with their father and by their failure to disclose made it impossible for this court to properly assess the best interests of the children,” said Forgeron in her decision which stems from an application by a Cape Breton mother to have her two children returned to her care.

“I find the agency did indeed mislead the court and the mother. It remained silent and provided affidavits and other documents which failed to disclose the true circumstances confronting the children.”

The judge said the agency went to great lengths to ensure negative information concerning its plan would not be reviewed by the court.

“I do not accept that this egregious failure to disclose could be anything other than intentional and deliberate. I find that the only plausible reason for doing so was to ensure the court accepted the agency’s plan to have the children placed in their father’s care,” said Forgeron.

In accordance with the Children and Family Services Act, the names of the parents and the children cannot be made public. Also, the act provides for mandatory disclosure by the agency except in certain circumstances which Forgeron ruled were not applicable in this particular case.

The local agency apprehended the children in 2005 from their mother and the agency consented to allow the children to move out of Nova Scotia with their father. The decision was also approved by the court. But the mother later learned details of her offsprings’ new home life and requested a review of the decision. The court directed full and complete disclosure by the agency to the mother.

In her decision, Forgeron lists nine specific areas in which she felt the agency failed to make prompt and balanced disclosure including failing to disclose the father’s new common-law partner had been subject to numerous interventions by another child protection agency. Issues in those cases included domestic violence, neglect and filth in the home, and inappropriate supervision which resulted in one child burning down the home which killed another child. Other information not initially disclosed to the court included allowing one child to live away from the father, which breached an earlier court order, and failing to make reference to protection concerns by the father prior to taking the children out of Nova Scotia.

According to the decision, Janega testified such information was not germane to the agency’s decision to allow the father to parent the children. Both he and MacNeil were at a loss to offer an explanation why such information was not initially made available.

Marie Boone, the agency’s executive director, said Friday steps have been taken to ensure such information never again goes astray.

She said staff is now receiving additional training to ensure all information is properly documented.

“These cases are never black and white and this is only one in hundreds of cases we deal with,” said Boone, adding any decision on disciplinary action is an internal matter.

She said the agency, the second largest in the province, handles about 1,000 cases annually and that Forgeron’s decision should not diminish the dedicated and competent work staff has performed in other cases.

Boone said the decision has been shared with the agency’s board of directors and the Department of Community Services which have both urged additional staff training.

A department spokesperson was not immediately available for comment Friday.

Forgeron ruled that both children are to be returned to Cape Breton and into the care of the agency with provisions for counselling. She also awarded costs in the case to the mother who declined it, urging that such money be used for services to families.

Source: Cape Breton Post

Addendum: The judge provoked an internal review within the Department of Community Services.

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Court ruling prompts review of children's aid group

Workers found to have left out key details in case

Last Updated: Friday, June 8, 2007 | 11:27 AM AT, CBC News

The Department of Community Services is investigating the actions of the Children's Aid Society in Cape Breton after a court found staff gave misleading information about a case.

"Obviously when a concern is identified, we need to address it quickly and learn from it and hope we can move on," said Leonard Doiron, co-ordinator of children protection services with the department.

The incident came to light when a woman from Sydney went to family court to get custody of her 13-year-old son and 16-year-old daughter, who had been sent to live with their father in Alberta.

Evidence at a hearing showed the Children's Aid Society of Cape Breton-Victoria was aware of his common-law wife's 12-year record with the agency, before the children were sent to Calgary.

In a letter dated six days before the children left for Alberta in February 2006, the Calgary Children's Aid Society informed the Cape Breton agency of allegations of domestic violence, sexual abuse between children, neglect and filth in the home.

Calgary workers visited the house six weeks after the children arrived and filed a positive report. But four days later, they found a household in disarray, and described neglect, constant fighting and drug use by the father.

The two children were subsequently separated and placed with various relatives.

In March, Justice Theresa Forgeron found child protection worker Marilyn MacNeil and her supervisor, John Janega, misled the family court in Cape Breton and failed to disclose the true circumstances confronting the children in Calgary.

In her report, Forgeron said the agency knew that its plan to send the children to Alberta would be in jeopardy if the court knew about the common-law wife's history, and said not including that information in the file was intentional and deliberate.

Society executive director Marie Boone acknowledges the court should have had that information, but she says all of the circumstances were considered before the children were sent to Alberta.

"The information was considered as part of a lot of information in that decision-making process," Boone said, adding she could not reveal details about the case.

Doiron will not discuss specifics either, but said a case like this would have priority status.

The Children's Aid Society is a private agency, but it is funded 100 per cent by the provincial government and falls under the jurisdiction of the Department of Community Services and the Child and Family Services Act.

Two people from the department have been to Sydney to talk to all of the workers involved and are going through the files.

While the Children's Aid Society awaits the department's recommendations, Boone said she's making sure workers are trained to properly document their cases and prepare for court. She would not say whether any disciplinary action was taken.

Source: CBC

Addendum: A later article gives more details on the case. The announced management change will improve relations with the court. It may not help children — this is the same province that besieged and jailed Carline VandenElsen and Larry Fink without ever giving a reason.

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Community Services takes over Cape Breton children's aid society

Last Updated: Friday, August 17, 2007 | 9:30 AM AT, CBC News

The Children's Aid Society of Cape Breton-Victoria is now under the direct supervision of the provincial Community Services Department.

The department stepped in after a Family Court judge publicly criticized two of the society's caseworkers in March for withholding information from the court and a parent in a custody case.

That scathing report from the bench led to a departmental review of the society.

What the department found prompted the temporary takeover that will likely last for the next year, Community Services Minister Judy Streatch said Thursday.

"We do routine audits of the children's aid societies across the province. We had already just completed a review and so we went in with a more forensic analysis, so to speak. And we were able to look [at] varying pieces of information," Streatch said.

"We learned that there were deficiencies in the agency's case management and there were a certain number of provincial standards not being met and so certainly we took that very seriously."

Streatch would not say what deficiencies were found, nor would she say what has happened to the society's executive director, Marie Boone.

A news release said a new director will be appointed soon.

"We've got a board of directors who have got a history of understanding the community, and the unique needs of the families and the children. And we've got a staff who are prepared to do the very challenging work of child welfare," Streatch said.

"What we need to do now is as a department go in, work with the board of directors to assist the agency to ensure that what we've got in place is a consistent set of standards, a consistent set of training that allows the agency to do just that."

The incident began when a Sydney woman went to family court in Cape Breton to gain custody of her 13-year-old son and 16-year-old daughter, who were living with their father in Alberta.

Evidence at a hearing showed the Children's Aid Society of Cape Breton-Victoria was aware that the common-law wife of the children's father had a 12-year record with the Calgary Children's Aid Society before the children were sent to live with him in that city.

In a letter dated six days before the children left Cape Breton for Alberta in February 2006, the Calgary Children's Aid Society informed the Cape Breton agency of allegations of domestic violence, sexual abuse between children, neglect and filth in the common-law wife's home.

Household in disarray

Six weeks after the children arrived in Calgary, local children's aid workers visited the house and filed a positive report. But four days later, they found a household in disarray. The workers described neglect, constant fighting and drug use by the father.

The two children were then separated and placed with various relatives.

Family Court Judge Theresa Forgeron found Cape Breton child protection worker Marilyn MacNeil and her supervisor, John Janega, misled the family court and did not disclose the true circumstances confronting the children in Calgary.

In her report, Forgeron said the agency knew that its plan to send the children to Alberta would be in jeopardy if the court knew about the common-law wife's history.

The judge said not including that information in the file was intentional and deliberate.

Source: CBC

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