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Monday 14 December 1998
The loopy logic protecting our children
Dave Brown
The Ottawa Citizen
It's 11:10 am on Nov 27, and a woman is standing in
front of a judge in courtroom 26 at the Elgin Street
courthouse. "This is a settlement hearing. Settle it.
Give me back my kids. Now!"
I'm the only spectator in the room, marvelling at how
far she has come. She's been fighting the system for
seven years, and by her count, this is the forty-fifth
judge she has appeared before.
It started with a telephone call in 1991, made by a
babysitter with a vested interest. The parents were out
of the country. She whispered the words sex abuse and
became the paid foster parent of their three children,
and still is. At the time, the oldest was four. Best
guess is that they are worth between $60 and $100 a day
to her, tax free.
Seated beside the woman in the courtroom is her
husband. At their feet are two huge legal file
carriers. For five years they've allowed me to scan
each piece of evidence as they sorted it. Like
quick-draw artists, they can flick a hand into those
cases and prove every claim they make.
The files reveal the loopy logic that too often
drives the child protection industry. They document
problems that horrify responsible social workers. The
field isn't licensed, but a social worker has powers
similar to those of a police officer. There's little
accountability when someone makes an error.
Because it's a Children's Aid Society case, the
couple can't be identified. Lawyer Bob Morrow is
representing the CAS. He asks for a delay of at least
20 days. He gets seven. The next step is to present
the court with lists of witnesses. Then comes a trial
management session. Then more court proceedings.
Three sheets of paper in one of those cases show how
far off the logic trail the system has wandered. First
is an application to the Criminal Injuries Compensation
Board of Ontario, made by a CAS caseworker on behalf of
three of the couple's children in its care. The
compensation is for alleged criminal assault. A second
shows $18,000 was paid to the children, to be held in
trust by the CAS. The third is a letter to the father
from the compensation board, demanding that he repay the
board.
He has never been charged with that crime, and there
is no evidence to suggest that he should have been. The
children were taken into custody through family court
processes, where there is no burden of proof and
personal opinion and hearsay from caseworkers and
psychologists may be accepted as evidence.
If allowed to proceed -- and it appears they can't be
stopped -- this couple will prove that we, as a society,
went wrong when we allowed family courts to abandon the
concept that people are innocent until proven guilty.
The result is that the rights of parents have been
suspended when dealing with child protection agencies.
If the CAS in this case had been required to follow
rules of evidence demanded in other courts, taxpayers
would have saved a fortune. Instead, the state is
supporting four of the couple's children in foster care,
and spending a bundle in lawyers' fees.
In 1993, the couple's five-hour-old daughter was
taken out of the nursery at the Civic Hospital by a
caseworker exercising her power to take into custody a
child she considered to be in a dangerous environment.
A hospital nursery? Dangerous?
Another example of loopy logic: Mother gave birth to
twins Jan. 17 at the Grace Hospital. The CAS has now
applied to family court for a protection order for the
twins. When a caseworker makes such an application, the
court must be assured the children are currently in a
safe place. The application gives that assurance,
saying they are with their parents.
These are the kinds of actions that discredit the
child protection system. These are also the actions of
people who don't know when to give up, and that is the
definition of fanatic.
One judge is on record as saying it no longer matters
why the children were taken into custody. All that
matters now is that the courts act in the best interests
of the children. Interpretation: If we admit an error
you might be able to sue the system.
At first, the parents tried to get their children
back by co-operating with the CAS. They offered to open
their home to inspection but couldn't get a social
worker to come to the house.
Three years into their struggle, the couple abandoned
lawyers. Lawyers are trained to operate within a
system, even if the system is flawed. With family and
friends supporting them, the couple set up a
state-of-the-art photo copier in their living room, got
a fax machine, and counter attacked. They used the same
ammunition that had been used against them; endless
paperwork and legal processes.
Court records show the foster mother denying that she
called the child protectors. She told a lawyer, who
told a caseworker. That's followed by the lawyer
denying that she made such a call. That's followed by a
judge saying: "It must have been Caesar's ghost."
The couple is now preparing subpoenas for many of the
people whose names appear in their files. They want to
cross-examine the psychologist who submitted a strange
report to the courts. He examined their then
four-year-old son and, among other things, had him play
with a toy snake. From the way the boy held the snake,
and from the look on his face, the psychologist
concluded there was some kind of sexual release. In the
weird logic that permeates the whole system, it was
entered as proof the child had been sexually abused.
The parents want to cross-examine dozens of
caseworkers, lawyers, and "experts." They are after
those who, in court records, have branded the mother a
prostitute, drug addict and alcoholic. The father is in
records as a pimp, child sex abuser, pornographer and
other things that could sway the opinion of a family
court judge.
Not one of those accusations has been proven, and
after knowing the couple for five years, I know they are
untrue.
Their counter-attack has panicked the child
protectors. They have been dragged into too many
different courts too many times, and have left a paper
trail of what is being pursued as perjury. Records show
caseworkers answering yes in one courtroom, and no to
the same question in another.
Those with the most to fear are social workers;
dozens of them. They have created a maze of paperwork
they won't be able to find their way out of. One
problem will be finding these people. Not one of those
who gave opinions against the parents or drove the
system that took away their children, is still in the
child protection business.
While listening to the judge scold both parties for
failing to meet deadlines, my mind drifted back to Feb.
3, 1989.
Family court Judge Garry Guzzo furiously threatened
CAS officials for disobeying and changing his court
orders.
I was there because a man called me for help. The
single father had voluntarily placed his son in CAS
care, and his visits were being cut. Yet the most
recent court order in his file was from Judge Guzzo
ordering the CAS to allow more visits.
The man was illiterate but not stupid. He didn't
qualify for legal aid, so I did the paperwork that got
him back in front of the judge. There was an explosion
from Judge Guzzo. He threatened to issue an arrest
order for the deputy minister of the Ontario Department
of Community and Social Services. "Someday, somebody
who knows what he's doing is going to come along," he
told the CAS lawyer, "and I warn you now, the suit is
going to be astronomical."
It was in courtroom 26.
Tomorrow: Feeding the foster care industry.
Tuesday 15 December 1998
Child-protection industry tears families
apart
Dave Brown
The Ottawa Citizen
Second in a Series
The Children's Aid Society is allowing an Ottawa
couple to see their three children for three hours, once
every three weeks. In exchange, they must provide
enough groceries to keep the children fed in foster care
between visits. They have been told no groceries, no
visit.
Because it's a CAS case, the couple can't be
identified. For the past year and a half the protectors
have, in familiar fashion, slowly and agonizingly pulled
the children away from the parents. They had a court
date last week, and there are more to come, but the
outcome is inevitable. The CAS will get Crown wardship,
and the parents will no longer have to pay with
groceries to see their children.
They will never see them again.
There is no abuse involved. Father has a drinking
problem, and in the opinion of the protectors, it would
be in the best interests of the children to keep them
away from a man who drinks. The mother was offered the
children back if she would abandon the father, but she's
still with him. She says he's a good man and a good
father, and together they're working on the drinking
problem.
The grandparents cry in outrage, supporting the claim
that their son is not abusive. He has a criminal record
for impaired driving. The grocery order is part of the
deal because the couple is still drawing social
assistance for a family of five.
Social workers became involved when there was a
report that a man in charge of children was drunk. Many
parents drink too much, but a phone call to CAS scooped
this family into the system.
Now three sisters, ages nine, eight and six, are
living in three separate group homes. For each of them,
it's the third foster home in the past year and a half.
The nine-year-old has had four if you include the time
she has spent being treated at the Royal Ottawa
Hospital. Factor in, as well, the cost of hospitalizing
the stressed-out parents several times.
It's a familiar pattern that unfolds virtually in
secret, through family courts, where there's no burden
of proof, and decisions may be based on opinions and
hearsay.
The parents have been keeping me updated, step by
step, as it grinds on. At each step in the long and
painful court process, the CAS is in a stronger position
to show that the children shouldn't be in the care of
emotionally wrecked parents. It's a cycle I've watched
before.
This case is made worse because the mother is herself
a survivor of foster care and a group home that kept
both boys and girls. She reported sex abuse and
believes she helped bring about segregated group homes.
Her dread for her children's futures is based on
personal experience. Foster homes can be dangerous.
Ask the parents what they want for Christmas, and
they cry for their kids. Their children have
disappeared into the system and can't be asked, or their
answers heard. I'll take a chance and bet they want to
go home.
Any day at the courthouse you'll find a criminal
lawyer making a pre-sentence plea on behalf of a guilty
client, claiming that he or she never had a chance,
because he or she was raised in the "the system." But
child protectors are demanding more money to protect
more children in more foster homes.
While tracking the drinking dad case, I dropped into
one of the hearings but was ordered out by Judge Alan
Sheffield. To get into family court in the past, I have
had to use lawyers to argue me in. In this case the
lawyer for the parents is Ross Stewart, who has seen a
lawyer argue me into another case he was working on. I
expected Mr. Stewart to argue me into this one. Would
it not help his clients if the system knew the case was
being watched by a reporter? That he didn't react
surprised me.
"I would have needed clear instructions from my
clients," he said later. The clients had earlier
instructed him to co-operate with me.
Judge Sheffield and I have had dealings before. He
refused to take my call in 1990 when I tried to tell him
an order he had issued to Lanark Child and Family
Services had been ignored. On Feb. 2, 1989, he issued
a "plan of care" ordering the agency to "examine options
for care within the extended family" as an alternative
to adoption.
On May 3, 1990, Judge J-P Michel gave Crown wardship
to the agency and the adoption proceeded. The extended
family in New Brunswick had a room decorated and waiting
for a baby boy they knew and loved. I surveyed the
extended family. Nobody else did. Among its members
was a child protection worker, the mother's brother. He
said what happened was wrong, but could think of no way
to correct it.
Adoption records are sealed and secret, but the
reporter in me cries for somebody with authority to go
into records and answer a question. There are costs
involved. Were they fed back to the adoptive parents,
and if so, how much did they pay?
Passing messages back and forth through a secretary,
Judge Sheffield's final thought on the subject was: "He
says you'll have to find another avenue."
There is no other avenue. Child protectors take the
view that when they get Crown wardship they have all the
rights of parents, and can make decisions that overrule
judges' orders. If we were talking about a criminal
court case, that would be like a judge shrugging off the
news that the man he sent to jail for a week had been
hanged because the jailers thought it was best.
Family court processes that take children into state
care lack continuity of judges. The judicial distancing
spreads the responsibility.
Even more frightening was that a child protection
agency could do this with full knowledge that a
journalist was watching. I watched Elizabeth Peterson
being turned into an emotional wreck as her son Joshua
was slowly pulled away. The visits with her baby became
further apart and shorter as a family court issued one
order after another. She can be named because Joshua
ceased to exist the moment he was adopted. He became
another person with another name. She still calls, and
she still cries.
She came to the attention of the CAS when she asked
for its help. The baby's father had abandoned them and
she was unable to cope. On the advice of her family
doctor, she asked the agency to care for her baby while
she checked herself into the Royal Ottawa Hospital.
When she checked out, she bumped into a child
protector's opinion that her baby was at risk. After
all, she had just been in an institution that treated
mental ailments. The decision was made. Joshua needed
protection from his mother.
The Lanark County agency refused to return calls or
faxed messages. At least the Children's Aid Society of
Ottawa-Carleton is more courteous. Over the years that
I've tracked similar cases, it has always called back,
always with the same answer: "We can't comment on cases
that are before the courts."
That the child protection industry is out of control
isn't peculiar to Ontario. It's a North American
epidemic. As far back as 1986, American author Mary
Pride wrote a book titled The Child Abuse Industry. The
subtitle: "Outrageous facts about child abuse and
everyday rebellions against a system that threatens
every North American family." It's filled with stories
like the ones I'm telling here. Nothing has changed,
and if anything, it's getting worse.
There is a better way. It's a system introduced in
Hawaii in the mid-'80s, which has reduced child abuse
and neglect by 99 per cent. Many stories have been
written about Hawaii's Healthy Start program, but it's
bumping into the established interests of the abuse
industry.
In North America, universities grind out social work
degrees at about $40,000 a pop. Those people are then
fed into the child protection industry, generating the
raw material to keep more judges on more benches and
more lawyers in more courtrooms. They in turn feed a
growing underground industry called foster care.
Hawaii put a stop to it. Social workers have been
replaced by parents. People with proven parenting
skills are factored into potential abuse cases right at
the hospital nursery. Hospital staff know which babies
are at risk. Psychiatrists know the human animal forms
its character in the first three years. The
professional parent joins the family and shows them how
to mould a good character. It's done with love and
supervision.
Meanwhile, we live with a bad idea -- social workers
with their own courts -- and it's getting worse. We are
hiring more social workers to feed more children into
more foster homes through more family courts, and all of
them need more funding.
The frightening thing is that they're getting it.
In 1996 Carleton University's School of Social Work
graduated 29 students. In 1997 the number jumped to 60.
The number of master's degrees in social work jumped
from 43 to 59 during the same period.
We should look back at the previous generation and
ask how they raised such rotten children -- us. Their
children weren't being pulled away to be state-stored at
anywhere near the rate that ours are.
As for the drinking father case, the court's decision
is a foregone conclusion. If the children are not made
Crown wards, it would be an admission that three
children have been traumatized by the very people who
are paid to protect them.
Tomorrow: The SWAT-team effect.
Wednesday 16 December 1998
Wife's 'hissy fit' starts domestic court hell
Dave Brown
The Ottawa Citizen
On Oct. 18 last year Katey John, in the middle of
what she calls "one of my hissy fits," called police.
"All I wanted was for somebody to come here and talk to
us."
What she got was a SWAT team in battle fatigues with
machine-guns and all the accompanying shouts and
threats. Over her objections, she watched as her
husband Chris was handcuffed and hauled off to jail.
"I no longer had input. Nobody would listen to me.
When I tried to talk to anybody, I felt totally
intimidated. The police and prosecutors took over my
marriage and my life."
Chris and Katey John were celebrating on Dec 2. It
marked the end of his year as a convicted criminal, when
he was pegged as a wife-beater, and his restoration as
the gentle man he always has been. He still doesn't
feel totally safe in his wife's company, but he's
working at it. They have been living apart since the
raid.
Mrs John is one of a dozen women who have complained
to me about their experiences in the new domestic court
system. Chris John calls it "women's court." After the
SWAT team handcuffed him and placed him in a police
cruiser, he says, "everybody I talked to after that,
with the exception of my lawyer, was a woman."
Louise Dupont is one of the court's two prosecutors.
Since its startup in February, she says domestic court
has proved itself as an effective way to control male
violence. She rejects the suggestion that her role as
prosecutor is to prove the charge, not help the couple.
"My job is to present the evidence, fairly, to a judge."
Defence lawyer Karen Ann Reid works the same court.
Her view? "It's an insult to women everywhere to assume
that they are always victims."
The state, in a well-intentioned move to stop
violence against women, has taken over the domestic
dispute. Zero tolerance has become the battle cry, and
although Staff Sgt Tim Armour, head of the
Ottawa-Carleton police spousal assault unit, says
arrests are not made without reasonable and probable
grounds, many disagree.
One of those is lawyer Reid, who says she sees many
cases where grounds for arrest were, "let's say,
suspect."
Police officers not connected to the spousal assault
unit say when they answer a domestic call, they go with
the intention of arresting the man. They ask for
anonymity because their jobs would be at risk. The safe
course, they believe, is to bring the man in and let the
detectives in the special unit sort it out.
It almost always means that the man is going to spend
a night in jail, and that has to be justified. Moving
them to court and formally charging them provides that
justification.
"He threatened me" is probable grounds for arrest if
said by a woman. If a man tells an officer that another
man threatened him, and he denies it, the officer
doesn't have reasonable and probable grounds unless
there are witnesses.
An argument can be made that the Charter rights of
half the population are being violated.
Katey John called the police general number and
wanted to talk to an officer. "Chris isn't a violent
man. He's the opposite. He refuses to fight. We were
arguing and he went to a room and wouldn't open the
door. I didn't know what he was doing there, except it
was his way of fighting, and I wanted somebody to come
and help end the fight."
She says she doesn't remember details in full,
because she was upset and angry. She realizes now she
answered questions that triggered the armed response.
In the over-protective temper of the '90s, the dynamics
changed from a request for a referee in a domestic
dispute to justifying a full-fledged armed raid that
terrified the John family, including their three
children.
The tactical unit that hit the home searched it and
removed anything that could be considered a weapon,
including camping equipment. Chris owns a bow, and it
would appear in records twice as a "crossbow."
Chris was off to spend a night in a police cell. "I
was in my bike shorts and freezing. I didn't get a
blanket or mattress. I was supposed to sleep on a sheet
of steel."
Meanwhile, back at the Bayshore home, Const. Kim
Brigden sat with Katey and helped her get it all down on
paper. "I was blathering," says Katey. When finished,
there was enough to lay five charges, including assault
(with a deodorant stick) and being a public danger with
a "crossbow."
During the blathering, Katey mentioned an earlier
incident when Chris, backing out of an argument, went
into a room and pumped up the volume on the stereo
system. She went into the room and cranked up the
volume beyond capacity, trashing the system. He then
threw a deodorant stick that hit her hand. That's
assault.
There were delays in getting Chris in front of a
judge, and he had to make a second trip to the
courthouse. As a teacher, a computer whiz and a man
never in trouble before, the ride in the police wagon
was his only experience around real bad guys.
What he remembers most is the smell. "There were six
of us jammed in and the huge guy beside me had fought
with five police officers." The man had worked up a
sweat and hadn't had access to deodorant.
When asked about this case, Sgt. Armour replied:
"Be careful. You're dealing with a man who pleaded
guilty to a criminal charge of assault."
Chris John says he had no choice. His lawyer was
able to get the charges down to one of assault. The
choice now was a trial that would cost $5,000, or a
guilty plea that would get him out and home with an
unconditional discharge. The cost would be $1, 200.
"My guts were in knots and I was living on antacids. I
had to get it over with."
Six weeks later, on Dec. 2, 1997, he stood before
Judge Jean-Marie Bordeleau and was given an
unconditional discharge. The judge took the unusual
step of eliminating one of the conditions. He said
Chris John was obviously not in need of the usual
mandatory anger management courses.
Up to this point he was under a restraining order and
had to stay away from his home and family. It was
lifted, but he was afraid to go home. For one year he
would carry a criminal record for assault. It would be
struck from the record after a year.
Another hissy fit and he could expect an even tougher
response, because a police computer check would see a
violent man.
"When you've had a machine-gun aimed right at your
face by an angry man screaming at you -- well, it leaves
an impression."
He's still not comfortable. Although the criminal
record disappeared Dec. 2, he knows it's likely he's
still in police computers. He's afraid of another
over-reaction.
Part of the domestic court plan is the Partner
Assault Support Team (PAST). When we talked, neither
Chris nor Katey had heard the term, or were aware they
had dealt with it. Its members include the two
prosecutors who work that court, Ms. Dupont and Cathy
Kehoe, and Cossette Chaffe, who heads the victim
assistance program. The couple says each was
individually advised to seek counselling, but not
together.
Says Katey: "Cathy Kehoe told me we could not be in
the same room together and if we were, we could expect
further charges. I was beginning to see the whole
process as something intended to make my husband, a
wonderful guy, look like a monster, and tear apart our
marriage."
"We found our own counsellor," says Chris. "I
learned my method of walking away from a dispute was
passive-aggressive. In any marriage there are bound to
be flare-ups, and I think we've learned how to handle
them. Number 1 is stay away from the telephone."
They also went through medical examinations and
believe an adjustment to Katey's prescription drugs will
ease or eliminate the hissy fits.
Now that he's officially no longer a criminal, Chris
admits they broke the restraining order that was
supposed to keep them apart until the court process
concluded. The night of the day he got out of jail,
using an intermediary, they met in a dark playground.
They decided then to work through the crisis.
There's one more step to take. Chris is looking for
a new job in a new city. His criteria: "Any place that
doesn't have a women's court and zero tolerance."
Prosecutor Dupont says the domestic court is just
like any other court. The same rules apply.
What nobody in the system seems to see is that if men
want to go home, they must plead guilty. It saves time
and money and lifts the restraining order. That guilty
plea will go into statistics as another case of male
violence against women.
- - -
The Johns weren't the first family to be raided by a
SWAT team. Sept. 17, 1997, I was invited to a home on
Northwestern Avenue by an angry mother who asked me to
"come and see what they (CAS) have done to my daughter."
The girl wasn't in the room when I arrived at 8:30 p.m.,
and her mother outlined the problem.
The family's 15-year-old daughter had announced she
was pregnant and wanted her boyfriend to move in. After
a stormy shouting match, she went to the CAS and
reported she was being abused.
A social worker passed that information to police.
The father has a criminal record. At 11 a.m. July 17,
two SWAT teams hit the house, front and back, and
dragged out dad.
After an interview at police headquarters, detectives
accepted his explanation and released him. He was home
two hours after the full bore raid. Nobody said oops,
sorry about that. He wasn't even offered a ride.
The fact that police couldn't make a case didn't
deter the social worker. On Sept. 5, he went to the
children's school and picked up the six-year-old
daughter. Teachers and the social worker assured her
she was just going for a little ride, but she went into
a foster shelter for four days.
Her 13-year-old brother recognized the CAS worker and
got chippy. He said, in effect: Nuts. If he needed
help he would ask for it.
He refused to go. It took two uniformed police
officers to wrestle him down and cuff him in the busy
lunch-break school yard. He too was home in four days.
After giving me that information, mother told her son
to get his younger sister. When the girl walked into
the room and saw a strange man, she flew sobbing into
her mother's arms.
The CAS has declined an invitation to open and
discuss this file.
With Ottawa-Carleton police feeding 120 men a month
into the domestic court process, and with restraining
orders keeping them away from their homes, the flow of
women in need of shelters should be slowing down.
Instead, shelters are reporting they are busier than
ever. But who checks that information?
Tomorrow: A peek inside a shelter.
Thursday 17 December 1998
Women's shelters under veil of secrecy
Dave Brown
The Ottawa Citizen
There's a trigger in us all when the subject of
women's shelters comes up. It makes men uneasy and
women defensive. That there's a need for them is
abhorrent to all.
Those triggers also protect shelters from normal
scrutiny. Ottawa's new domestic court is taking men out
of their homes at the rate of 120 a month. The
zero-tolerance approach to domestic violence includes,
for most men, a restraining order meaning they can't go
home, or near their homes, until calm is restored.
One would think that this would be taking some of the
pressure off shelters. But the shelter movement
continues to plead for more money to protect more women
from more abusers who are becoming more violent. These
claims can be made with impunity, because of the secrecy
that surrounds shelters.
As a reporter and a skeptic, this offends my
check-it-out impulse because I can't go near them. Even
the suggestion of checking one out, or challenging the
claims they make, pulls triggers. Particularly in
women.
To most women, there are some things that have to be
taken on faith, and one of them is that the number of
men becoming violent against women is increasing. The
facts prove it, and the facts are coming from shelters.
Challenge them, and you can hear the trigger click.
I heard the click in June when Senator Anne Cools
challenged a shelter lobbyist appearing before the
Special Joint Senate-Commons Committee on Child Custody
and Access. Immediately, a female member of the
committee jumped to the shelter worker's defence and
tempers flared. Ms Cools left the room. Ms Cools, a
founder of the shelter movement, is now an outspoken
opponent of it.
To get the inside story, I had to find a volunteer.
The one I found is a prominent Ottawa businessperson who
doesn't want to be identified. We didn't tie up a bed.
The idea was to check out the service being provided and
get a look at the inside of a shelter.
She made her first call on a recent Tuesday at 8:30
pm, to Nelson House. My agent was told, sorry, all
shelter beds in the Ottawa area were filled. I listened
as she pleaded. She said she didn't want to go home.
She hadn't been abused, she was just afraid. She put on
an impressive display of somebody in need of help. She
was told to call back in an hour.
Her report to me after the call: "Not a very warm
response. She didn't seem to care. She didn't ask
questions. She just kept telling me I was out of luck.
She seemed to want me to go away."
In the next call, she was told to go to Interval
House. She found the reception there cool. She asked
for a tour of the house, saying it would make her more
comfortable. The answer was no. She asked to use a
bathroom, and in that way got a look at some of the
ground floor. She described the building as huge.
Including the woman on duty in the office, she saw five
women. She didn't see or hear children. It was 9:45
pm. The house was quiet.
"I felt unwelcome. I was told I could stay overnight
and arrangements would be made in the morning to get me
a lawyer and a place to stay. I had been told women
could stay up to 10 weeks, and when I asked why I had to
move out so quickly, there was no answer. I was asked
to sign an agreement saying I would never divulge the
address, and I left. All of the women I saw were
members of visible minorities."
I asked my agent why she had agreed to help me. She
said it was her business sense. Things don't add up,
and she feels that she, as a taxpayer and an honest
person, should help uncover abuses of systems. Also,
she has a brother who can't see his children because his
wife went through the shelter system, and he was branded
as abusive without a hearing.
My reporter instincts tell me the explosion in male
violence is a myth perpetrated by shelters. They need
it to be believed to increase their funding. Our
lawmakers have believed them, and things like the new
domestic court are one result. Women who report abuse
can no longer recant -- at least not without difficulty
and time. Domestic squabbles are being mixed in with
abuse, and the easiest, fastest and least expensive way
for a couple to get back together is for the man to
plead guilty. The violent-male statistics are
exploding.
One of the driving forces behind the formation of the
new court was Carroll Holland, liaison co-ordinator for
the Gay, Lesbian, Transsexual and Trans Gender Support
Group of Ottawa-Carleton. When she heard I was nosing
around domestic court she delivered a large package of
male-bashing material, with a warning note.
"The Citizen has been very negligent in its lack of
coverage of this topic. It would be irresponsible to
address this topic now in anything less than a
comprehensive fashion."
Among her list of accomplishments, Ms Holland is a
special adviser to the police hate-crimes unit. If
similar unsolicited material had been sent to a minority
group, including hers, Ms Holland would have told the
posse to saddle up.
Earlier this month I attended a meeting in the office
of Crown Attorney Andrejs Berzins to outline some of the
growing number of complaints reaching my desk, mainly
from women who believe the new system is harmful. Being
unable to speak to their partners meant they were unable
to resolve disputes. There were six Partner Assault
Support Team (PAST) members in Mr Berzins' office.
Among many items discussed was my agent's shelter
experience.
Police officers who answered domestic calls used to
act as mediators and calming agents. Now most say their
hands are tied and their safest move in the
zero-tolerance atmosphere is to take the man in.
Marriages are being torn apart.
The day after my meeting with the PAST group, I
called Lyallen Hayes, spokeswoman for Interval House,
and told her the woman who dropped in Tuesday night was
my agent. "I know," she said. "I was told yesterday."
She said Interval House currently houses 22 people,
nine women and 13 children. Most are long term. "They
can stay 10 weeks, or longer if there are problems." She
repeated that shelters are unable to keep up with the
increasing flow of victims.
No wonder, said my agent. Ten weeks isn't
sheltering. That's storage.
Shelters are publicly funded. I asked Ms Hayes if
there were ever any spot audits. Did bureaucratic
bean-counters ever drop around to check out who, how
many, why, and for how long?
She said that was information I would have to get
from the Ontario Ministry of Community and Social
Services. I read that as a no. She also warned that my
agent had signed an agreement of confidentiality. "That
includes not speaking about anything that goes on in
here." If found, she warned, my agent could be in
trouble.
If I'd been thinking faster, I would have asked for
some blank copies of that confidentiality agreement. Mr
Berzins could use some in his office.
Tomorrow: Marriage under attack
Friday 18 December 1998
Zero tolerance adds up to zero marriage
Dave Brown
The Ottawa Citizen
With a degree in communications, Wendy Woodcock has
learned to get directly to the point.
"Because I called police during a domestic fight, my
husband is now with another woman and filing for
divorce. Once we were taken into the new (domestic
court) system our marriage didn't have a chance. A
24-year relationship was brought to an end by decisions
made by others. I wasn't allowed to think for myself."
The "incident" is no longer the issue, she says.
"Let's just say tempers were lost and there was
slapping. Nobody was seriously hurt."
Had they been separated for a while to cool down, she
believes they could have worked things out. "We needed
some adjustments, and after the incident, some new
promises. He was the man I chose 24 years ago, and
fully intended to grow old with."
Cathy Kehoe is the Crown attorney in charge of
domestic court and a member of the Partner Assault
Support Team (PAST). Any suggestion that the new system
has hidden dangers, she argues, would be irresponsible
on my part. "If it caused one woman to hesitate in
calling for help, and that woman was hurt, how would you
feel?"
Ms Kehoe believes she is providing an essential
service in the field of domestic violence. As a user of
that service, Mrs Woodcock is just as outspoken about
its dangers.
"Women have to understand that involving police in
domestic disputes is not what it used to be. The minute
you touch that phone, your partner is going to jail. A
phalanx of police and lawyers will be placed between
you. Unless the man pleads guilty, it could be months
before you can speak to each other."
A week after her husband's removal from the home, Mrs
Woodcock received a letter from a mediator, proposing
that she and her husband try to work things out with the
specialist.
"If I had it to do over again, I would have replied
in writing that it was a good idea. Just give me a
little more time to settle down. I would have said I
was sure we could work through it. I would have told
him I loved him.
"But I was intimidated by police and lawyers, and
warned that he wasn't allowed to communicate even in
writing and could go to jail if we were caught talking.
I was afraid to do anything, so I did nothing. He read
my silence as total rejection. By the time we got into
court months later, he had found a new relationship."
Mrs Woodcock also sees a problem in the way evidence
is collected. A frightened and angry woman, stretched
to her emotional limit, does not make a good witness.
Yet everything she says while in that state goes into
the record to help ensure a conviction.
She suggests that the PAST team remove the word
"support" from the name. "Once a man is taken into the
system, the emphasis is on getting a conviction. It
isn't difficult. The most sensible way for a man to get
out of the system is to plead guilty. Support, in my
view, would be an effort to help keep marriages
together."
For her part, Ms Kehoe says the complaints reaching
me tell only one side of the story; many women are
grateful such policies and courts are there to help
them. While zero tolerance may appear to mean scooping
up people who don't know the steps and plead guilty to
get it over with, Ms Kehoe says there's no excuse for
that. An accused has a right to speak to a lawyer or
duty counsel. "I guess to a lot of them that sounds
like a breakfast cereal," she adds.
Duty counsel a breakfast cereal? That's a sign that
good men are being pulled into the system; men
inexperienced at being before a court. Bad guys have
court experience and know the difference between lawyers
and Fruit Loops.
Ontario's Ministry of the Attorney General is
preparing a survey on how well the new system is
working. It's certain the AG will be impressed by the
high conviction rate. Men may not be forced to plead
guilty, but they are certainly squeezed.
Systems tend to defend themselves. If information is
provided by or filtered through a body under review, the
material can be tainted. With that in mind, Wendy
Woodcock has volunteered to do some research.
Those who have been through the domestic court
process can contact her, and she will prepare a report,
a consumers' satisfaction survey. Confidentiality is
guaranteed, but she must have names and if possible,
case numbers. To maintain accuracy, names will be
checked against files.
She can be reached at 824-3943.
In telling her story, Mrs Woodcock wants to publicly
praise the involvement of the Children's Aid Society.
"They were there when I needed them. They took my son
into care at a time when I just couldn't cope."
Mrs Woodcock has been a member of REAL Women almost
from its inception. REAL Women has long protested that
small, powerful groups, many with public funding, are
working to undermine the family unit. For almost two
decades I've been watching areas the media mostly ignore
-- family courts, and now domestic court. I too have
come to believe the family is under attack.
Those who designed the domestic court system believe
it gives men a break. If they plead guilty and promise
to take anger management courses, they can go home, and
after a year their record for criminal assault will be
expunged. Those guilty pleas will cause the
violent-male statistics to skyrocket. Also, the
temporary criminal record is enough to get most men
fired if their boss learns about it. And men who have
to travel would be in deep trouble if caught lying about
a criminal record in another country.
Interestingly, most complaints to me have come from
women. One dialed 911 because her husband told her to
as a joke. He had his back to her, washing dishes, and
she was throwing a temper tantrum. Where was she
supposed to get help, she asked. He wasn't offering
any. Call 911, he replied. She hit the numbers and he
walked over, disconnected the call and gave her a hug.
At the other end, an operator heard a woman crying
and then the connection was cut. The operator,
correctly, hit the panic button. Police came in hard
and fast, and he hardly had time to take off his apron.
The man didn't appear in domestic court, but spent
two weeks in a hotel running up costs that his young
family could ill afford. It took time for a lawyer to
get the restraining order lifted and charges withdrawn.
The woman was called by a PAST team member who offered
to give her a tour of the courthouse, so she would feel
less intimidated by the process. She didn't want a
tour, but said it would be nice if somebody would
babysit for a day because she couldn't cope without her
husband's help. That, she said, would be real support.
The idea didn't fly.
Another woman told me she was angry and lied to
police. When she tried to confess, she couldn't. It's
called recanting, and women can't do that any more.
Ottawa Crown Attorney Andrejs Berzins defends that by
pointing to a case where a woman recanted, let the man
back into her life, and he killed her.
"Don't you think it's worth trying anything to
prevent that from happening again?"
Tomorrow: Secrets of social workers.
Saturday 19 December 1998
New Ontario law makes social workers
accountable at last
Dave Brown
The Ottawa Citizen
Last in a Series
Accountability -- a word long missing from Ontario's
child protection industry -- was added to the mix this
week when the Social Work Act received third and final
reading in the legislature. Once it is proclaimed, it
will require the province's estimated 15,000 social
workers to be licensed.
For more than two generations, social workers have
been allowed to work in almost complete secrecy, making
life-altering decisions. The move to more
accountability was spearheaded by 3,000 responsible
social workers who have voluntarily joined the
16-year-old Ontario College of Certified Social Workers.
The bill had all-party support in the legislature.
The main opposition came from a small but vocal group of
social workers who argued that the move to a college and
licensing was elitist. They claimed that only
front-line workers know what the problems are, and how
to handle them.
It will take about a year for the act to come into
force, but Shannon McCorquadale, registrar and founding
member of the college, says social workers will then
need to be licensed. Much like doctors, they will be
subject to professional standards and complaint reviews.
A social worker wields enormous power. If she
represents the child protection industry, she has the
power to change your life. If she decides that taking
your children into custody is in their best interests,
you immediately disappear. The moment you become
involved with the child protection system, you can't be
identified.
I use the pronoun "she" because 80 per cent of the
province's social workers are women. Most are from the
middle class and don't understand the poor. When they
encounter a child in poverty, it is clear to many of
them that a placement in a middle-class home is in the
child's best interest.
The moment a caseworker makes a decision to apprehend
a child, the system locks up. An apprehension, or
arrest, is a serious step; if wrong, the door can be
open to a lawsuit. The priority switches from
protecting a child to protecting the agency.
A classic case is that of a southern Ontario
clergyman who battled the child protection industry and
won. But it took 11 years and ruined him financially.
By the time an angry judge told the CAS to stop
appealing court decisions and pay the man, his children
had grown up poor because the family had no disposable
income. All money was going to the legal battle.
When the CAS finally gave up, it turned the mess over
to its insurer, and the clergyman had to fight that new
player. The social worker who made the original bad
decision still works in the industry and has even been
promoted.
Early in this series, an unidentifiable Ottawa couple
was featured. They are seven years into their fight to
get back children taken into custody while they were out
of the country. The awful words "sex abuse" were
whispered, and a caseworker apprehended the children.
Now nobody admits to doing the whispering. But the
children remain in foster care.
My files are filled with stories about a system of
intake that sometimes seems bizarre. Almost eight years
ago a developmentally delayed grade sixer went into
foster care when she became confused about love and sex.
Her mother asked the family doctor for a referral to a
child psychologist because the girl confused heart,
love, penis and daddy. The doctor, by law, had to
report that to CAS. The girl is still in foster care.
A mom, a registered nurse, who swatted her
12-year-old son with a broom spent a weekend in jail
after the incident was reported to CAS.
Maria Bieber is the name that most often pops up in
my files. For 10 years she has fought the system after
losing her daughter. Originally she turned to CAS for
help during a period of turmoil. Her husband abandoned
her. The daughter she voluntarily gave into temporary
custody became a Crown ward and was adopted.
To illustrate the strange logic of the child
protectors, for more than five years Ms. Bieber raised
a sister's daughter the same age as her own "former
daughter" (the term showed up in CAS letters) without
being challenged. Yet her own daughter had to be saved
from her.
She searched for her former daughter and more than
once went to jail when she got too close. She's still
searching.
We have failed to learn from the past. Troublesome
boys were sent to corrective facilities run by religious
orders. We've forgotten the millions paid to First
Nations people who, as children, were turned over to the
tender mercies of clergy running Indian schools. It was
in their best interests, according to social workers of
the day.
All it will take is for one of the 12,000 children
now in foster care in Ontario to come out of the system
smart and angry. He or she will go back through
records, asking the question: Why was I denied my
parents? In many cases, the answers won't be good
enough.
Social workers have also become tied to the divorce
industry, and their opinions are accepted by judges when
issuing things like restraining orders. After two
decades of hearing men complain about losing access to
their children when wives left a marriage through the
shelter system, I focused on one man who fought back.
It cost Norman Christie 18 months and $35,000 in legal
bills to prove he was a loving father.
Most men would look at the prohibitive legal costs
and give up. Mr. Christie, an engineer by training,
historian by choice, and a determined dad, fought back.
One thing that ran up his costs was a written opinion
from Sally Gose, used to convince a judge to issue a
restraining order. When she wrote it she was a member
of the board of a women's shelter, spokeswoman for the
Women's Monument which commemorates local women killed
by their spouses, and a social worker with the Family
Service Centre. It's an agency with some 80 staff
members, funded by the province and the United Way.
Discrediting the Gose letter cost Mr. Christie's
more than $10,000 in legal bills. In that document, Ms.
Gose claimed to know that Mr. Christie was a
potentially violent and dangerous man. Evidence would
later show that she never met him or his children.
It began when Mr. Christie came home on the day of
his twins' birthday and found his children and many of
his possessions gone. His wife got the shelter movement
involved, not because there had been violence, but
because she feared it was possible.
He would say later: "I fought because I love my
children and couldn't bear to see them harmed by the
people claiming to save them." Those who didn't fight
have left behind an unforgiving legacy. Every time a
man walked away in defeat, he became another statistic
on the violent-male list.
Although Mr. Christie proved beyond a reasonable
doubt he was a good father and not violent, there was an
angry reaction to his story when it appeared. I wrote
he was an "honourable" man.
Objections to that word were so long and strong, I
wrote a clarification to get back the use of my phone.
To fight for his right to father, he had to get past a
court-ordered assessment, which cost $5,000. This
caused him to fall behind in his support payments, and
in the view of a vocal minority, a man in support
arrears could never be honourable. That he had been
wronged didn't factor into their thinking.
How often has the Family Service Centre helped push
fathers away from their children? When asked to explain
the Gose report, centre director Tim Simboli went
superlogical. It's a name I invented for verbal
deflectors. Ask a logical question and you get a
superlogical answer. Over the years I've learned to
find the answers not through what is said, but by
listening to what isn't said.
Mr. Simboli gave me a history of the centre. (It
was the original Ottawa welfare department.) What he
didn't do was condemn the document filed by Ms. Gose,
or go back to it. My conclusion was that the Gose
report was not unusual.
To check this, I'd like readers to send to me copies
of social workers' reports damaging to them, written by
people they never met or talked to. Please include your
name and phone number.
This week, the receptionist at the Family Service
Centre said Ms. Gose no longer worked there. No
telephone number or forwarding address was available.
Most of these systems fall under the Ministry of
Community and Social Services, which has grown into a
monster with too many heads and tails, and not enough
controls.
When men can't afford to fight an accusation of
violent behaviour, they show up in the records as
another violent male. With the new "domestic court"
pulling in men in the capital area at the rate of 120 a
month, and making a guilty plea an attractive option,
the statistics are exploding.
In the Dec 11 edition of this paper, a woman
letter-writer asked what was happening to men. She
believed they were starting to avoid women.
Who can blame men if they're feeling uneasy? Only a
few weeks apart, an Ottawa court sent to jail a woman
who abused animals. Another court sent home a woman who
shot and killed her husband while he slept.
Our species has always had bad people in the mix, but
they are far outnumbered by the good. No matter how
hard the state tries to protect all, some are going to
be hurt.
Parents of sons should be demanding a return to the
first self-evident truth of the Constitution of the
United States of America. All persons are equal. All
are entitled to a fair trial in a court with hard rules
of evidence. All are free from arrest without solid
cause. The state should not fund gender-based activist
groups. Until some of these changes start happening,
caring parents should advise their sons:
Don't marry. Don't have children.
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