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Mother Not Guilty of Kidnapping
October 27, 2001
A woman who abducted her own triplets and took them to
Mexico has been found not guilty of kidnapping by a jury in
Stratford Ontario. Here is the story on Yahoo recovered from the internet archives. This may
reduce the authority of fathers, or increase the authority
of parents.
Addendum: The original Yahoo link is dead, but here are
two articles from differing viewpoints, the first by Brian Carnell, and the second taken from the web at the
now dead link www.marnieko.com/kidnapper.htm:
She just had to do it
An accused child-napper, captured in Mexico, is declared
not guilty of abducting her triplets
By Marnie Ko
Craig Merkley of Stratford, Ont., was given interim
custody of his triplets Peter, Grey and Olivia in 1995,
when they were two. Their mother, Carline (pronounced
Caroline) VandenElsen, had abandoned them with plans to
become a rock singer. But she soon began a bitter custody
battle, and on October 14, 2000, just days before her next
scheduled court appearance, she took the triplets and
vanished.
Ms. VandenElsen later said she feared her visitation
rights were about to be severely curtailed. She was found
with the triplets in Acapulco, Mexico, on January 21,
2001, and was brought back to Canada and charged with
three counts of parental abduction. The children were
returned to their father. But last month, Mr. Merkley
sat in disbelief in a Stratford courtroom as a jury found
his ex-wife not guilty of kidnapping.
Ms. VandenElsen has had visitation rights since 1997,
two Saturdays each month. But a Stratford Superior Court
judge ruled that year that she was unsuitable as a parent,
and in 2000 a child psychiatrist heard taped telephone
calls in which VandenElsen harshly disparaged the
children's father. A court hearing was set for October
23, and the mother feared her visitation rights would be
revoked. It was then, she told the court, that she felt
all legal avenues were exhausted. In her mind, she
testified, she was not selfish, but was thinking of "the
best interests of the children." In her lawyer's words,
she "objectively believed" it was necessary to take
them.
Mr. Merkley says, "Peter told me Carline gave them a
choice when she first took them. She told them that I was
going to take them away from her and that she would never
see them again. She told them they could come home to me,
or go with her. The children said they would go with
her."
The children told their father they watched the
television report on their disappearance and felt sad.
"They were upset they didn't get a chance to say goodbye
to me," says Mr. Merkley.
During the manhunt, Ms. VandenElsen was featured on
America's Most Wanted television show. Police said at the
time she was prone to impatience, fits of anger and
defiant stances against authority. Her ex-husband alleges
she is emotionally unstable, erratic, and has been
neglectful of the children. In a statement to police,
Peter, now eight, described hiding in a car trunk and
sleeping on an old, beat-up couch at an airport in Mexico.
He said he missed his father. On February 1, from prison
in Acapulco, Ms. VandeNelsen said she was on the verge of
returning the children to their father, but they did not
want to go home.
The triplets practised being in the trunk of the car.
Peter told his father they had signals. If their mother
turned the radio on loud three times, it meant to be quiet
and stay still in the trunk. In court, however, Ms.
VandenElsen said the kids were only in the trunk six
minutes.
The triplets reported they were allowed to take only
one toy and had to "walk a lot." They told their father
they walked daily to Wal-Mart to get food, although to
avoid attracting attention, VandenElsen would take only
one child out at a time. The other two children, then age
seven, were left alone in their apartment on a seedy back
road of Acapulco, high above the five-star vacation
hotels. Olivia, who had long hair and loved ponytails and
braids, was shorn so short she looked like a boy. Peter
was bitten by a dog. He received rabies shots when he
returned home. The children had recurrent ear infections
and were found covered with insect bites. After the
family was traced, Mr. Merkley was flown to Acapulco, and
found the boys walking alone, one shirtless, down a hill
from the apartment. It was a tough neighbourhood and dogs
and people were lying in the gutters. Olivia was returned
to him shortly afterward.
"The boys ran into my arms. Olivia's hair was so
chopped up I didn't recognize her at first. We just
looked at each other for a moment. She slowly leaned
forward and grabbed my neck and held on very tight," says
Mr. Merkley, with a catch in his voice.
Ms. VandenElsen recently terminated the services of
her lawyer (believed to be her sixth) and is representing
herself in the ongoing custody battle. Mr. Merkley
maintains the children are hurt by the twice-a-month
visitation their mother was awarded in October (see story,
page 23), even though she is under orders not to mention
the court case to them. "They came in after one visit and
did not say hello," he says. "They said, 'We have to go
to court and tell the judge what we really want in our
heart.'
"I firmly believe she is continuing to manipulate
them."
Inquest into death following CAS seizure
October 25, 2001
Gillian and Ralph Hadley died in a murder/suicide a few
months after the seizure of their child by the Durham
Children's Aid Society. FACT is the only non-taxpayer
funded group with standing at the inquest. Here is their report, followed by a long list of annotated clippings
from the Toronto newspapers.
Dufferin Family Loses Court Fight
October 18, 2001
A Dufferin family has been wrangling with Children's Aid
for two years, including a full-blown trial, in an effort to
save their children from adoption. Yesterday, relying on
the testimony of psychiatrist Diane Benoit, the court took
the children from the family, making them available for
adoption. While legal grounds for appeal exist, they may
never be heard, since the family has been driven to
bankruptcy by the lengthy proceedings. In an extraordinary
move, the parents are not allowed to have a copy of the
judge's opinion. They can only view it with a lawyer
looking over their shoulder.
The laws of Ontario, and respect for family privacy,
prevent us from publishing the names of families involved in
this, and most other cases. Journalists wishing to confirm
the facts in this case, or any other mentioned on this
website, may obtain full contact information by approaching
us privately.
Legal wrangling targets kids
Children 'caught in middle' of legal battle,
lawyer says
BY Roger Varley, Staff Writer
Oct. 7, 2001
Era-Banner
Children who have suffered abuse or neglect might be
spending more time in foster care because of a pay dispute
involving lawyers who represent youngsters in child
protection cases.
"It makes me feel dreadful," said Barbara Steinberg at
the Newmarket courthouse Friday. "It's very troubling to
us. We're taking this step as a last resort and with great
reluctance."
Steinberg is one of about 15 lawyers in York Region who
handle child protection and custody cases for the Office of
the Children's Lawyer, a division of the Attorney-General's
Ministry. The York Region panel stopped accepting new cases
Sept. 1 to protest the fact their pay hasn't increased in
14 years.
"We're very dedicated to providing excellent
representation to children in this province," Steinberg
said. "We had a reasonable expectation of an increase.
We're concerned about kids caught in the middle. We really
want to go back to work."
Some children involved in protection cases will spend
more time in foster care if the matter is not resolved
quickly because courts and children's aid societies won't be
able to resolve the cases as quickly, Steinberg said.
Currently, lawyers are paid $71 an hour, which many say
doesn't even cover their costs.
Steinberg and two of her colleagues, George van
Hoogenhuize and Carolyn Jones, said children's cases account
for about 30 per cent of their practices.
Lawyers have to apply to be accepted to the children's
lawyer panels. Steinberg and van Hoogenhuize have been on
the York Region panel for 12 years and Jones has been a
member for 14 years.
Steinberg said the approximately 40 provincial panels are
beginning to speak with one voice on the pay issue. She
said close to 20 have stopped taking new cases and another
10 are considering the same action.
"One of the difficulties is each region has its own
panel," said van Hoogenhuize. "Up to now, there has been
nobody to unify the panels and there hasn't been a lot of
communication between them."
"Frankly, I enjoy representing children," he said. "I
know I'm doing something to help them in difficult family
situations. The kids are caught in the middle."
Steinberg pointed out social workers involved in
children's court cases, "who were grossly underpaid",
recently received a 150-per-cent increase.
"We're happy for them, but we feel we should also be
treated fairly," she said. "Social workers act as our
witnesses (in some custody and protection cases), but we
carry the responsibility for the cases. And social workers
have less overhead than us."
Van Hoogenhuize said lawyers taking children's cases have
to go for training twice a year without pay.
He said the York Region panel will not accept any more
cases "unless we see some progress".
He said the Attorney-General's ministry has not set a
time frame for reviewing the payment issue, although he
pointed out the Office of the Children's lawyer has
suggested it would push for a review.
Brendan Crawley, a spokesperson for the
Attorney-General's ministry, said Attorney-General David
Young "is committed to addressing the issue in the near
future".
"The ministry is monitoring the situation closely and is
taking steps to make sure children in the province are
protected," Crawley said.
"The government appreciates the dedication of the lawyers
and recognizes the vital role they play," he said, adding
that until the issue is resolved, the Office of the
Children's Lawyer has lawyers on staff who can handle the
most serious cases.
He made no comment regarding the lawyers' pay.
Steinberg admitted the lawyers' move could have a
significant impact on children and families needing their
services.
"We give children a voice, especially in custody and
access cases," she said. "Cases we're involved in get
settled earlier. And we have a different role than child
care workers in child protection matters. We are the voice
for children's preferences."
Van Hoogenhuize said children's lawyers become involved
only in difficult custody battles in which a judge or parent
requests the child be represented. Lawyers acting for
children in custody battles are paid by the Office of the
Children's Lawyer because there would be conflict of
interest if one or both of the parents were asked to
pay.
"Besides," he added, "kids tend to be concerned more
about their parents and their ability to pay and it adds
stress to them."
The original article (now expired) was at:
http://yorkregion.com/article/full/fullview/1R9MM-7D
from the Orangeville Banner August 24, 2001
Region in need of foster parents
Many abused children with no place to go need safe
homes
David TILSON - MPP REPORT
As parents, we hope to provide our children with the
necessities of life. Many of us succeed by providing
shelter, food, and especially love to our young ones. Some
of us take it for granted that we can hug and kiss our
children, and indeed, they deserve to have a home with
loving parents.
As it turns out, there are some children that do not have
a loving home. Children are abused, neglected, unloved.
For many different reasons, their parents cannot provide
them with the necessities of life.
Children's Aid Society's (CAS) and Child and Family
services are in place to help children who are in situations
like this. These non-profit agencies are responsible for
the safety and protection of all children.
Their first priority is to keep the family unit together
and strong, by providing adequate support. Unfortunately in
some cases, this is not always possible.
The CAS and Child and Family Services are responsible for
finding families that can temporarily take children into
their loving family.
Foster parents are able to provide a supportive and
stable home that will encourage the growth and development
of a child. Foster parents are adults who understand how to
parent. They are caring individuals who are sensitive to
the needs of children. Foster Parents are always
needed.
If you are interested in becoming a Foster Parent, you
will be sent a Foster Parent application package, by your
local CAS or Child and Family Services, which fully explains
the process of being selected. All members of your
household family will be interviewed, including any friends
or family who come into the house to provide relief to the
parents, such as grandparents or family friends. The staff
of CAS or Child and Family Services wants to see the
chemistry of the family, to best match your family with the
children you would look after.
All members of the family aged 18 or older are also
required to participate in a police record check. Here the
members of the CAS or Child and Family Services are able to
see if there is any previous record of drug or alcohol abuse
or child abuse. The idea of a Foster Family is to take a
child from a home with potential abuse and place them into a
safe and loving home.
After the interview process is finished, the staff of the
agency you are working with will tour your home to make sure
that it is safe and that the basic necessities are going be
provided to the child.
After speaking with members of Child and Family Services
and CAS, it is important to note that upon becoming a Foster
parent, you must work hard and cooperatively with the staff
of these agencies to ensure that everything runs
smoothly.
An immediate need for Foster Families exists within
Dufferin-Peel-Wellington-Grey. Dufferin Child and Family
Services have approximately 98 children in care, and are in
need of more foster families. Grey-Owen Sound Children's
Aid Services are looking to recruit about 50 foster families
within the next year, as well as Guelph-Wellington Family
and Children Services. Peel Children's Aid is in great need
of foster families within the Caledon and Bolton area, only
having around four families to help those in need in these
areas.
If you would like to become a Foster Parent, please
contact your local CAS or Child and Family Services office.
For the local office near you, please visit
www.davidtilson.ca or call 1-800-265-1603.
The writer is is a member of the Conservative party. He
represents Dufferin, Peel, Wellington, Grey.
Note: Entered with typos exactly as
published.
Youth Summit
August 22, 2001
Youth Summit was held at Monora Park Pavilion, August 21
and 22. There were about 40 participants, less than a half
dozen of them men. Comparing it to Children's Aid meetings
in the same venue, the dress suggested much lower pay
grades. The early sessions were brainstorming, the later
sessions dealt with the real business, how to get funding,
mostly from government agencies. The attitude of the
participants suggests that intact families can get no
support from anyone in the social service business, though
occasionally some of the more desperate CAS clients may get
some help other than family preservation. Here are the
sponsoring organizations:
- Big Brothers & Big Sisters of Dufferin & District
- Canadian Mental Health Association
- Community First Family Resource Centres of Dufferin
- Community Youth Services
- County of Dufferin
- Dufferin Association For Community Living
- Dufferin Parent Support Network
- Dufferin Volunteer Centre
- Georgian College
- Headwaters Peer Support
- Town of Orangeville
CAS workers leak complaint
August 15, 2001
The following communication, while anonymous, comes
from a dependable source.
Friday, August 10, 2001
To the Minister of Social Services and Mike Harris.
Some of us want to see change. We don't like doing the
dirty work of corrupt offices and politicians.
We are a group of insiders, forced to work under duress,
not able to say and do the things that are fair and
protect children who are truly at risk.
Though we pose as professionals who are supposed to help
families and protect children, we are now criminals.
Not because we want to, but because for too long, apathy
has caused workers to not question the ethics of the
very people who have the power of life and death over
children's and family lives. We who work quietly within
to try to make honesty out of our fellow workers,
supervisors and politicians. All but the very
dysfunctional families can be saved and helped.
Some of us became alarmed when we read the court papers
in the case of a wrongfully accused priest many years
ago. For years, he was the pet project of a vengeful,
out of control worker. The lawsuit he won against the
Durham Children's Aid Society was a tremendous moral
victory, but why was the worker, who was found in court
to have maliciously lied and falsified critical
documents, not ever arrested? Why did she simply
relocate to another Children's Aid region. We demand
that the premier and his ministers immediately make
public, the judge's words of condemnation to the worker,
and then please explain why she was never arrested. Any
other citizen would have been.
There are those of us in the field that are sick at
heart to be remotely involved with criminal liars. It
makes all workers look bad. But through the dedication
of groups of people who know the truth, both inside the
Children's Aid Society, and advocacy group members, this
problem has remained in the public consciousness. In
some cases, it has made no difference.
Two Leamington children, drowned by their insane father,
would be alive today. But they are not. The Children's
Aid Society had many reports and concerns raised by
citizens, for almost a year. The police were even
called out on an assault charge, but the children were
ignored -- ignored to death. Our fellow agency told the
press that the CAS had done all the right things, but
that is untrue.
Some of us have left this branch of social work, to try
and fix things by helping grassroots organizations help
expose the unbelievable evil. There are others of use
who remain behind the scenes, but our hands are tied.
There have been many workers who have spoken out, or
tried to do the right thing in the most corrupt of
settings. Being held responsible for criminal and
negligent actions, is the only way to stop children from
dying, and families being unnecessarily torn apart.
This is the first of a planned schedule of dropping
information, and publicity that would put some of our
co-workers in jail and ensure that they never work with
children and families again.
The public perception is that all CAS workers lie in
court and falsify sworn testimony. At our professional
peril, we have gotten the right things done in most
cases we have dealt with, but children are still dying
and innocent families are forced into years of
harassment by an agency that has no policing and answer
to no one.
If this is a revolution -- then let it begin now.
Information of how children die in Canada, and how
parents have become crazy from trying to please an
agency that is never ever going to be pleased. We are
given an agenda in social work, and the time is coming
when that multifaceted and horrible agenda will be made
public.
We recommend that court records be examined. They will
find vendettas, powered by the personal anger they
suffer from, to ensure a victory for the agency, you
will find perjury on the stand, falsified documents,
secret filing systems and much worse. Children in this
country are merely a commodity, a make work and money
game, where the best interests of children are rarely
observed.
Chief Julian Fantino is a hero to honest people
everywhere. He could have stuck his head in the sand
and continued to allow corruption within the police
force. He demanded, and got a police force that was
held accountable. We are doing no less here.
The lies and the pain have stop. Therefore, as time
goes on, more and more critical and embarrassing stories
will be leaked to people we trust. And we won't stop
until Premier Harris appoints an independent review
committee to look at records about how we are forced to
operate under a shroud of lies and CAS must win at any
cost, even the cost of truth and lives.
It is time to clean house. Crimes of murder by CAS will
come to light. Then and only then, will we be able to
do our jobs. The found records are only the beginning,
and we continue to seek out more honest Children's Aid
workers, filter the information to the public. This is
just the beginning.
The following article from the Toronto Star of
Friday, August 10, 2001, places the foregoing disclosure in
context:
Secret CAS papers strewn along street
Documents about sex assault, fired foster parent
By Phinjo Gombu, Staff reporter
Confidential documents involving the Catholic Children's
Aid Society of Toronto, former wards and foster parents were
found littered on a quiet Etobicoke street yesterday by a
man walking his dog.
The documents, from the minutes of a confidential meeting
of the board of directors of the Catholic Children's Aid
Society last October, include a request from a lawyer for
psychiatric reports of a man who was allegedly sexually
assaulted while being a ward of the society.
The man is named in the letter and attached is a
handwritten letter by the man allowing the society to
release his information to the lawyer.
The alleged assault took place while the man was a
resident of a group home in rural Ontario, though the
incident didn't take place at the group home.
The documents also include correspondence between the
society and a woman who had been terminated from a position
as a foster parent.
A letter from Mary A. McConville, the society's
executive director, to the former foster parent -- who is
also named -- requests her to sign a final form which
releases the society from any liability for terminating her
position.
"We are very distressed it was found on the street
because it is absolutely confidential and private", said
Caroline Di Giovanni, a spokesperson for the society after
The Star handed her the documents.
"We will certainly be advising members of the board that
confidential documents have to be treated very
carefully".
But Di Giovanni refused to say whether the society would
make any attempt to find out who was responsible for what
she insisted was an "inadvertent" and accidental breach of
privacy.
Di Giovanni said nobody in the organization could
recognize the handwritten notes all over the front page of
the confidential minutes of the board meeting.
"We have to act like detectives because we are going on
very few clues", she said.
The man who found the documents on a quiet street in the
Highway 427 and Burnhamthorpe Rd. area said he did not wish
to be identified because there was a possibility the
documents may have belonged to one of his neighbours.
"This is like having your medical records floating
around", he said. "My feeling is that paperwork like this
should be shredded, not put into recycling or garbage".
"If something says private it should be kept private and
correspondence between a lawyer and Catholic Children's Aid
Society should be also be kept very, very confidential", he
said.
David Helson, the lawyer for the man who filed a civil
lawsuit and criminal injuries compensation claim involving
the alleged sexual assault, expressed concern confidential
information naming his client was found lying on a
street.
"There's not much I can say because I don't know any of
the circumstances", Helson said, adding he would call his
client about the disclosure.
Also attached are confidential minutes of a board meeting
held last October which includes a report on the
then-upcoming inquest into the death of baby Jordan Heikamp,
who died of starvation. After a lengthy coroner's inquest,
some practices of the society were severely criticized.
The report states that the policies and procedures of the
Catholic Children's Aid Society were carried out by the
worker assigned to Jordan and his 19-year-old mother Renee
Heikamp.
There is a photograph of documents lying on the
ground over the caption:
SENSITIVE INFORMATION: A man found these papers from a
Catholic Children's Aid Society board meeting on a street
near Burnamthorpe Rd. and Highway 427.
Note: Handing the papers to the Toronto Star wasted
the opportunity. Dufferin VOCA has a far better record of
disclosing documents to the maximum extent permitted by
law.
Aylmer Parents Join CAS
August 1, 2001
Today the London Free Press
reported that 82 members of the Church of God in Aylmer
Ontario have joined their local Children's Aid Society as
members. In another action similar to Dufferin, the church
leader, Rev Henry Hildebrandt, has been charged with a crime
for disclosing the identities of the abducted children.
This article was withdrawn from the web in record time.
CAS Abducts Aylmer Children
July 20, 2001
Another Children's Aid Society in Ontario has taken the
children of several families into foster-care in a highly
publicized case. The victims have established an Aylmer
website at http://www.childrentaken.com.
Addendum: The website was removed following the
settlement of the child protection case.
CAS Annual Meeting
June 19, 2001
CAS held its annual meeting this evening. As expected,
their candidates were elected to the board of directors.
Dufferin VOCA requested a poll, and in that poll, the
recorded vote was:
| candidate | yes | no |
| Greg Maslen | 62 | 20 |
| Dawn Martin | 62 | 20 |
| Lea McGillivray | 62 | 20 |
| Erica Black | 63 | 19 |
Accompanying the annual report, CAS handed out a copy of
the Orangeville Banner Editorial of June 8, 2001, and a
reply by Gary Putman. The Orangeville Banner printed the
reply in the June 19, 2001 edition under the headline:
Editorial Comments express dated values regarding
abuse
 |
DUFFERIN
Child and Family Services
(Incorporated as the Children's Aid Society
of the County of Dufferin)
|
June 13, 2001
The Editor
Orangeville Banner
37 Mill Street
Orangeville, ON
Dear Editor:
We are writing regarding the Editorial Comment which
appeared in your June 8th edition entitled "A tough
balance". Thank you for your article on our urgent need
for foster parents and we are pleased that forty eight
families have responded to date.
This letter however is to respond to additional
comments made in your editorial which we are very
puzzled and disturbed over. Although we were left to
believe that your inquiries to our staff were in respect
to our need for foster homes, we are left wondering why
you chose to spend the better part of your editorial
criticizing the mandate of children's aid societies. My
immediate response is to elaborate on all your ill
informed comments, but I know I must be short. We are
puzzled by the choice of such negative words as "horror
stories", "police escorted agents", "without sufficient
evidence of need", "unnecessary meddling", "interference
in private lives", and "bulldoze". We are puzzled
because these words remind us of opinions held many
years ago when family life was so secret and private, it
was no ones business if parents abused children or
partners physically assaulted their spouse or
girlfriend. So private that police were not to
intervene or lay criminal charges because these matters
were naturally private and were to be sorted out by
family members. So private that children and women died
at the hands of their parents or partners. We thought
we had moved beyond that to understand that intervention
into family lives and between adult partners was seen as
in everyone's best interest. That children should be
protected and women respected and treated as equals
rather than treated as a possession to do with whatever
one wants to in private.. We thought the saying "it
takes a village to raise a child" was an acceptable
society value today and that children deserved a formal
advocate to intervene when there is an indication that
they may be subject to abuse or neglect. We agree that
less intervention would be required if parents always
acted with their children's best interest. We would not
need women's shelters if all women and children were
treated with respect and love. We would not need jails
if everyone obeyed the laws of our society. It truly is
a very delicate balance but there are not always simple
solutions to what are very complex human interactions.
Next time, please try to inform yourself of all sides
of an issue before expressing your opinion.
Sincerely,
Gary Putman
Executive Director.
| Child Protection Service and
Developmental Support Service |
50 Fourth Ave., Unit 13,
Orangeville, Ontario, L9W 4P1
Phone (519) 941-1530 Fax 519-941-1525
mail@dcafs.on.ca |
Banner Raps CAS
June 8, 2001
In an editorial today the Orangeville Banner has
criticized the Children's Aid Society. The criticism is the
mildest possible, but it is a first step:
OPINION
A tough balance
An article in Tuesday's Banner observed that there is an
"urgent need" for foster parents. It seems that recent
revisions of the Child and Family Services Act have expanded
the ability of the Children's Aid Society to intervene on
children's behalf, newly including "neglect and witnessing
parental violence". Between this and the increase in
population here in Dufferin, the number of children in need
of care in recent years has increased greatly.
These seem broad spectrums, but our sources at the
Society assured us that there are very specific outlines and
conditions which must apply before children will be taken
from their homes.
Still, we have all heard horror stories of children being
swept away from their homes by police-escorted society
agents, without what would be considered by most of us
sufficient evidence of need.
It is a fine line between unnecessary meddling and real
intervention for good. There are always borderline cases
where inaction is out of the question but action will lead
to mistakes. The problem is the fact of government based
interference in private lives. Where does a government's
responsibility for our behaviour begin and where does it
end? The more governments legislate about our private
lives: our domestic affairs, our personal relationships,
our parenting, the less we ourselves are responsible for
those aspects of our own lives.
Will our children be better off as a result of official
interference in their lives? Would as many children as are
now in custody really be safer, happier, better balanced
adults for being taken away from their parents? If parents
can make mistakes in their parenting, surely many mistakes
are also made by agents who are placed in a position to
judge those parents and effectively bulldoze the their lives
and those of their children.
It is a very delicate balance. If there are stringent
checks and balances, not only into the cases in hand but
also the very people investigating them, well and good. But
it would be far better if, as a society, we educated
ourselves to care properly and well for our own children, so
as not, generally, to need the supervision of government
agencies.
CAS Calls Meeting
June 8, 2001
Children's Aid has sent out its notice of meeting to the
membership. Dufferin VOCA has asked its members to attend
personally if possible, and by proxy otherwise. Here are directions. This is a public
meeting, and non-members may attend peaceably as well, to
support the families of Dufferin. Here is their
announcement:
Notice to All Members
Annual Meeting
Dufferin Child and Family Services
(Incorporated as The Children's Aid
Society of the County of Dufferin)
Tuesday, June 19, 2001
7:00 p.m.
Monora Park Pavilion - Banquet Room
Agenda:
Minutes of the Previous Annual Meeting
Approval of the 2000/2001 Audited Financial Statements
Appointment of Auditors for 2001/2002
Election of Directors
New Business
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Baird responds
May 25, 2001
John Baird has responded to our objections to the new
bylaws. He will look for conflicts with legislation.
Perhaps he will also consider common sense - What is the
point of an election where candidates cannot run and members
cannot vote? Here is his letter:
Ministry of
Community and
Social Services
Office of the Minister
Hepburn Block
Queens Park
Toronto ON M7A 1E9
(416)325-5226
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Ministère des
Services sociaux
et communautaires
Bureau du Ministre
Édifice Hepburn
Queens Park
Toronto ON M7A 1E9
(416)325-5226
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May 16, 2001
Mr Robert T McQuaid
RR 5
Orangeville, Ontario
L9W 2Z2
Dear Mr McQuaid:
Thank you for your letter of March 8, 2001
concerning the proposed changes to the bylaws of the
Children's Aid Society of the County of Dufferin.
Please excuse the delay in my response.
The decision to approve a children's aid society
bylaw or an amendment to a bylaw involves a review to
determine whether any of the provisions directly
contravene the Child and Family Services Act or
the Corporations Act.
A copy of your correspondence has been forwarded to
Ms. Jessica Hill, Assistant Deputy Minister of our
ministry's Program management Division, who has the
authority to approve a children's aid society's bylaw
or an amendment to a bylaw.
Once again, thank you for writing.
Sincerely,
/signed/
John Baird, MPP
Minister
c: Ms Jessica Hill
CAS Slate of Directors
May 15, 2001
The annual meeting of Children's Aid is scheduled
for June 19, 2001. The nominating committee has
recommended Erica Black, Dawn Martin, Greg Maslen and
Lea McGillivray for election as directors. All persons
who were members as of May 1, 2001 will be eligible
to vote at the meeting.
Shotgun divorce comes to Dufferin
May 1, 2001
In a case just like the Howard shotgun divorce in
Massachusetts, Children's Aid has forced a loving couple
with three children in Dufferin to separate. The story
posted here April 29 caused commotion showing that CAS
monitors this news daily. It has been withdrawn pending
further research.
McQuaid arrested
April 23, 2001
Today four plainclothes police officers approached the
home of Robert T McQuaid. They handcuffed him and announced
that he was under arrest for violation of the immigration
act. McQuaid's wife retrieved his Certificate of Canadian
Citizenship. The officers released McQuaid and left with a
photocopy of the certificate. They received a tip about the
immigration problems, but refused to reveal the source of
the tip.
Addendum. Documents obtained after four months of
foot-dragging from the Toronto Police under the Freedom of
Information Act do not support the connection of this
erroneous arrest to Dufferin Children's Aid.
CAS ashamed of itself
April 21, 2001
John and Jane Doe formerly had a complete transcript of
their child protection case posted on the internet with
their own cooperation. Dufferin VOCA had a link to it.
Section S.45(8) of the Child and Family Services Act
says: No person shall publish or make public information
that has the effect of identifying a child who is a witness
at or a participant in a hearing or the subject of a
proceeding, or the child's parent or foster parent or a
member of the child's family.
On April 10, 2001 CAS moved to find the Does in contempt,
attaching much of the Dufferin VOCA website as exhibits.
CAS lawyer David Thwaites agreed to postpone the contempt
motion long enough for preparation of a defense, but on the
scheduled motion date, April 18, he insisted on proceeding
anyway. Dufferin VOCA intervened on less than an hour's
notice. Mr Thwaites was determined to bring a
quaisi-criminal action against the Does, even without
evidence that they created the internet site. We were ready
to assert the right of free speech, but not willing to risk
jail for the Does. On April 20, the Doe transcript was
removed from the internet.
CAS fears exposure of their own court statements,
resorting to twisting a law guarding family privacy into a
club against free speech. Dufferin VOCA will continue to
expose the actions of Children's Aid.
Judge John B Allen RIP
April 12, 2001
Judge John B Allen passed away on April 4, 2001.
Community leaders gave tribute at a memorial service on
April 11. Parties to legal actions tried by him also have
expressed favorable opinions. Dufferin VOCA joins in
honoring the memory of Judge Allen.
Heikamp recommendations
April 12, 2001
Dufferin VOCA has copied the report of the jury recommendations in the Heikamp case
from the website of the CBC.
There is no suggestion to abolish the shelter's board of
directors. As we feared, all of the recommendations are for
more power for Children's Aid, and in eight cases, more
funding. They suggest giving social workers the power to
examine records without even the consents now extorted from
parents.
Directors attacked
April 5, 2001
Jordan Heikamp was born May 18, 1997 to a teenage mother.
On his discharge from the hospital on May 29, Catholic
Children's Aid took him into their custody and placed him in
a shelter. On June 23, 1997 he died of starvation.
If you kill a child, will you get more money? Children's
Aid likely will. A recent plea to the inquest jury
advocated abolishing the shelter's board of directors, so
management reports directly to the ministry. The same move
with Children's Aid itself will require Dufferin VOCA to
change its direction.
New bylaws adopted
March 20, 2001
At the membership meeting this evening, Children's Aid
passed the motion to adopt the new bylaws by a vote of 51 to
10. Dufferin VOCA had ten members present in person or by
proxy, so it appears that no one switched sides.
CAS hides membership
March 17, 2001
Under the Corporations Act, corporations are required to
provide a membership list to members who pledge to use them
only for the purposes mentioned in the Act. Dufferin VOCA
has in the past relied on the Dufferin CAS membership list
to get its message to all of the members. In a place where
the media refuse to accept our advertising, it is the only
way. The following memo on Dufferin CAS letterhead
accompanied the membership renewal forms postmarked March
14, 2001. Influencing the votes of members is a legitimate
use of a membership list, a use that requires communication.
CAS is endeavoring to thwart the Act by keeping the true
addresses secret.
MEMO
Date: March 5, 2001
To: All Members of the Children's Aid Society of the
County of Dufferin
From: Irene Beazley, Senior Administrative Assistant, on
behalf of the Secretary Treasurer of the Board of Directors
of the Children's Aid Society of the county of Dufferin
RE: Membership Address and Communication Address
The membership renewal form enclosed provides members
with the choice of providing a membership address and/or
communication address. The membership address is public
information and will be available to anyone who requests a
list of our members' names and addresses. The communication
address may be completed if you have a separate address to
be used for communication purposes only. This address will
not be made public.
If you provide only one address it will be treated as
being used for both membership and communication
addresses.
/ib
Encl
(end of memo)
CAS rules out opposition
March 8, 2001
The Honourable John Baird
Minister of Community and Social Services
900 Bay Street MacDonald Block
Toronto Ontario M7A 1N3
Dear Mr Baird:
This concerns a proposed amendment to the bylaws of the
Dufferin Children's Aid Society.
Children's Aid Societies have the power to remove
children from their parents. This power may be used, as
envisioned in the law, to protect children, or may be
harm children by depriving them of good parents. A
vital protection ensuring beneficial use of these powers
is that Children's Aid Societies are subject to
community control. Any member of the community may join
for a nominal fee and vote for the board of directors,
and consequently for the management.
The Dufferin Children's Aid Society has recently
proposed a set of amendments to its bylaws that would
effectively eliminate community participation. A new
bylaw No 5 to be reviewed at a membership meeting on
March 20, 2001 will make the following changes:
1. Only the nominating committee (composed of
incumbents) will be able to nominate candidates for
director. Previously, any two members could make
such a nomination.
2. Anyone related by blood, marriage or adoption to a
person involved in any child-protection case or
investigation will be disqualified from the board of
directors, even if already in office.
3. The annual membership, previously fixed at three
dollars a year, is now at the discretion of the
board.
4. No member will be allowed to hold more than two
proxies.
The first provision above makes it impossible for
members of the community in opposition to Children's Aid
policies to participate in an effort to get those
policies changed. Is there any other kind of election
where candidates must have the approval of the
incumbents?
As for the second provision, the number of Children's
Aid cases in Dufferin is quite large, 1353 last year.
If most cases affect an extended family, it is possible
that a substantial proportion of the parents in Dufferin
could be disqualified by this provision - Dufferin only
has 45,655 people. Even worse, since it applies to
those already sitting on the board, management can
disqualify a board member at will simply by starting an
investigation of a member of his extended family. The
law envisions that the directors control the management,
not the other way around.
All residents of Dufferin can afford the three dollars a
year membership. The third provision to raise it at
will may allow the board to limit participation by
placing membership beyond the means of many residents.
The fourth provision, limiting proxies, will deprive a
large number of members of the ability to vote through
their chosen proxy-holder. Some cannot attend for lack
of means, others cannot attend simultaneously because of
legal restrictions imposed on them by Children's Aid
court actions.
Dufferin Children's Aid now has an active opposition, of
which I have been a part, and it appears that management
is using its powers to protect itself from community
influence. The Child and Family Services Act provides
that no bylaw shall come into effect until approved by
the Minister of Community and Social Services. For the
reasons stated above, I urge you to use your powers to
decline these bylaws when they reach your office for
approval.
Yours truly,
Robert T McQuaid
RR 5
Orangeville Ontario L9W 2Z2
phone: 519-942-0565
519-940-9847
email: rtmq@stn.net
Copies:
David Tilson, Member of Provincial Parliament Dufferin
Dalton McGuinty
Howard Hampton
Mark Van Horne, President of Dufferin Children's Aid
Orangeville Banner
(end of letter)
Addendum: In a discussion of this letter, the editor of
the Orangeville Banner said that he can only publish letters
on Children's Aid after getting the approval of Gary
Putman.
Here is the undated notice of meeting mailed in the first
week of March, 2001 :
DUFFERIN Child and Family Services Incorporated as the
Children's Aid Society of the County of Dufferin
NOTICE
ALL MEMBERS OF THE CHILDREN'S AID SOCIETY OF THE COUNTY
OF DUFFERIN
There will be a special meeting of the membership to
review Revised By-Law No 5: a by-law relating generally to
the conduct of the affairs of The Children's Aid Society of
the County of Dufferin
Date: Tuesday, March 20, 2001
Time: 7:00 pm
Location: Monora Park Pavilion
Note:
A copy of the revised By-Law No 5 is enclosed for your
review. We hope that members will attend this meeting,
however if this is not possible and you wish to vote please
complete the proxy vote form enclosed and follow the
instructions as shown. Those eligible to vote must have
obtained membership by the record date, February 1,
2001.
If you have any questions regarding this meeting please
contact Irene Beazley at 519-941-1530, ext 225.
(end of notice)
Banner refuses our ad
March 2, 2001
Over the past year Dufferin VOCA has gathered information
about the workings of the Children's Aid Society. We
assembled a meticulously researched advertisement with
substantiation for every fact, and even checked its legality
with our own lawyer. On March 1, 2001 the Orangeville
Banner refused to run the ad, citing the danger of
litigation as its reason. We offered to give them the full
set of references for the facts in the ad, and even buy the
paper an insurance policy to protect them from liability,
but they still refused.
The Orangeville Banner is owned by Hollinger Canadian
Newspapers Limited Partnership, an arm of the Conrad Black
newspaper empire. Another current (or possibly former)
Hollinger paper, the Ottawa Citizen, has been in the lead in
opposing Children's Aid editorially, so we are not up
against bias. Possibly we can get the Banner to change
policy. The publisher who made the decision is Keith Poole.
Here is the advertisement:
Tame Children's Aid!
Children and families need protection from
the Dufferin Children's Aid Society.
In the name of child-protection, the Children's Aid
Society (CAS) has embarked on a rampage of family
destruction including:
- Removal of children from their parents without warning.
CAS seizes children from two-parent homes, schools, even
from mothers sheltered in Family Transition Place.
- Assignment of children to foster-care for imagined or
trifling abuses.
- Failure to respect the religion of children in their
custody, in defiance of the laws of Ontario. A Catholic
child in their custody cannot be baptized.
- Suggesting divorce to improve prospects of regaining
child custody. More commonly, CAS orders family members
not to associate with each other.
- Failure to follow agreements with parents. No court
will hold them accountable for breach of promise to
parents.
- Misrepresentation in court by omitting material
favorable to families, combined with wide-ranging
mud-slinging on matters unrelated to child-care.
- Avoiding the investigation of true child-abuse cases by
turning against the accusers.
CAS prevents rehabilitation by using any past infraction,
no matter how slight, as grounds for family intervention.
Past criminal or CAS cases lead to unrelenting intervention
under the doctrine that past abusers are likely future
abusers. A computer system makes CAS allegations available
to social workers across Canada.
The number of Dufferin CAS cases, 1353 last year, far
exceeds the level of child-abuse. Yearly Dufferin CAS
expenditures are $88 per capita, 48% above the Ontario
average. Court records are secret, so the facts here come
from CAS targets, sometimes corroborated in other
jurisdictions.
The ultimate CAS weapon is crown-wardship, meaning
parents never see their child again. A study by CPS Watch
in the USA shows that use of this weapon is based on
adoptability, not child-abuse. Parents are defenseless
because legal-aid funds for families run out in a few
months, while legal budgets for CAS are unbounded.
In all of these actions, the ultimate victims are the
children, who are deprived of their parents temporarily, and
sometimes permanently.
What we can do
CAS achieves its mayhem with its legal power to remove
children, a weapon that ought to be used with restraint.
Imagine if at every traffic stop the policeman drew his
gun.
Dufferin VOCA believes that the best interest of the
child is in keeping his parents. We think Children's Aid
should give parents a chance to respond to charges before
removing children, abide by its agreements with parents,
keep children out of foster-care except in once-a-year cases
and never suggest divorce. Serious child-abuse most often
comes from non-parents, such as foster parents or casual
acquaintances of separated parents. Children should never
go from two natural parents to foster care.
Children's Aid enjoys immunity from all legal actions, so
their abuses cannot be corrected through the courts.
Children's Aid members elect the directors, who in turn
appoint the management. Any person over age 18 with a
residence or business in Dufferin can be a member for three
dollars a year. We urge you to help Dufferin VOCA by
joining Children's Aid and voting for our candidates at the
annual membership meeting. Please call one of us for
applications and additional information.
Dufferin VOCA
http://www.freespeech.org/herod
Robert T McQuaid 519-942-0565
519-940-9847
Carole/Frank MacDonald 519-940-4448
Lillian Brewer 519-942-9431
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