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More recent news
CAS used as threat
November 14, 2003
The following article from the Toronto Star about
police politicking contains four paragraphs late in the
article suggesting that the police threaten people with
Children's Aid to gain submissiveness in matters
unrelated to child abuse. Here only the four relevant
paragraphs are included.
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Nov. 14, 2003. 01:00 AM
Police blasted over endorsements
Lawyer groups ask province to clarify legislation
Backing politicians called violation of conduct code
JACK LAKEY
CITY HALL BUREAU
After Morton and Copeland completed their flaying
of the police association, about 25 members of the
Ontario Coalition Against Poverty entered the board
room and interrupted the meeting, chanting "Hands off
our kids."
Led by John Clarke, the OCAP group protested police
tactics used last weekend near the Don Jail during a
demonstration for affordable housing. OCAP member
Jeff Shantz said police arrested him, his partner and
their toddler son, and threatened to turn the child
over to Children's Aid, apparently on the premise that
the child's presence at the political event proved the
parents were unfit.
Shantz alleged the threat of permanent removal of
the child was blackmail, a crude attempt to deny
parents their rights of assembly and free speech.
The protest yesterday lasted a few minutes before
officers escorted the group out.
Claims of Women's Shelter
November 7, 2003
Doreen Armstrong
Executive Director
Family Transition Place
20 Bredin Parkway
Orangeville Ontario L9W 4Z9
Dear Ms Armstrong:
I recently received a document distributed by Family
Transition Place throughout Dufferin County titled:
"Imagine a community of safety, support and hope". I
have a number of questions relating to the facts cited
in the document.
First, you say: "Research and experience tells us
that family violence and woman abuse is a pervasive
issue that damages the overall health and well being of
our entire community". Since your experience differs
from mine, can you give a citation for the research you
allude to?
Second, in a section titled "What abusers say" there
are statements:
I wish that I had some healthy male role models as a
child.
It would have helped if I had a connection with both
my parents growing up.
I have personally interviewed several women who took
shelter in Family Transition Place. Four of them
reported that their experiences were relayed to the
Children's Aid Society by your staff, and as a result
their children were taken from them and placed in foster
care. Why does this activity take place in an
organization such as yours that recognizes the
importance of parents to their children? And I further
note that since you do not admit men to your shelter,
any children coming to your facility have already lost
their father. None of the women I have spoken to have
reported that you made an effort to restore the
relationship between the child and his father. What
efforts, if any, do you make to keep children in contact
with their fathers?
Finally, on the last page you state "Family
Transition Place must raise $263,000 this year to
continue providing services for abused women and
children. To date our community has been generous, but
we have not yet reached our goal. Your donation is
needed". It has appeared in the past that your
organization enjoyed support from the taxpayers through
funding by the Province of Ontario. Can you send me a
financial statement for Family Transition Place?
Yours truly,
Robert T McQuaid
RR 5
Orangeville Ontario L9W 2Z2
Banner Lauds Foster Parents
October 21, 2003
A two page puff-piece in today's Orangeville Banner
salutes the foster parents of Dufferin. It includes
brief notes by seven political figures -- Sandra Card,
President of the Board of Directors Dufferin CAS, Gary
Putman, Executive Director Dufferin CAS, Drew Brown,
Mayor of Orangeville, John Oosterhof, Reeve of East
Luther Grand Valley, Bob Currie, Reeve of Amaranth, Earl
Lennox, Reeve of East Garafraxa, and Ed Crewson, Mayor
of Shelburne. Here is one of them:
Like so many good things, foster parents is
something that many of us seem to take for granted.
Most of us know about foster parenting but we don't
give it much thought and we probably give even less
thought to the people who act as foster parents.
When you do stop and think about foster parents
though, you can't help realizing what a tremendous
service they provide and what very special people they
are.
Sometimes children and youths need support and
structure in their lives that can only come from a
family, but for whatever reason they can't get it from
their own families. Foster parents open their hearts
and their homes to these young people for periods
ranging from a few days to several months. It's an
act of love and kindness, and a commitment to our
community that has few equals. So, thank you to
everyone involved in foster parents. Thank you for
being there when young people need you, and for making
this a better community in which to live.
Drew Brown
Mayor of the Town of Orangeville
Nick Garisto, the candidate challenging Drew Brown
for the mayor's job in the upcoming election November
10, is the only elected officer in Dufferin to offer
support to a Dufferin VOCA family in its struggle
against Children's Aid. The same issue of the Banner
contains an editorial critical of Mr Garisto.
The puffery ends with a fact that could only have
come from Gary Putman: As of Oct. 16, there are 100
kids in care and 40 foster families in Dufferin County.
Addendum: Drew Brown won the mayor's election with
3612 votes to Nick Garisto's 2893 votes.
Benevolent Myth Refuted
October 18, 2003
Dufferin Children's Aid failed to respond to the
following email, showing no real interest in helping the
community as boasted in their press release.
October 7, 2003
Dufferin Child and Family Services
50 Fourth Avenue Unit 13
Orangeville Ontario L9W 4P1
mail@dcafs.on.ca
Subject: Purple Ribbon Campaign
Sirs:
The press release following this note suggests that
I contact my local Children's Aid Society for more
information on the Blue Ribbon Campaign. Please
send me more information at one of the contact
addresses below.
Robert T McQuaid
RR 5
Orangeville Ontario L9W 2Z2
email: rtmq@stn.net
--------------------------------------------------------
Attention News Editors:
Purple Ribbon Campaign to publicize the need for
awareness of child abuse and neglect
TORONTO, Oct. 6 /CNW/ - "Public education and
prevention are the best ways to end the neglect and
abuse of children," said Jeanette Lewis, Executive
Director of Ontario Association of Children's Aid
Societies at the beginning of the annual Purple Ribbon
Campaign to publicize the need to prevent child neglect
and abuse.
"By the end of October, we hope that everyone in
Ontario will know how they can help prevent child
neglect and abuse."
The Purple Ribbon Campaign is organized by many of
Ontario's children's aid societies to recognize Child
Abuse and Neglect Prevention Month in October. The year
2003 marks the 11th anniversary of the Purple Ribbon
Campaign in Ontario.
More than 120,000 purple ribbons will be distributed
throughout Ontario during this month by staff and
volunteers of Children's Aid Societies to raise
awareness of the need to prevent child neglect and
abuse.
Child abuse and neglect have long-term effects on
children, their development and adjustment in life. A
recent study on corporal punishment (MacMillan at al,
1999) indicated that there is an association between the
frequency of slapping and spanking during childhood and
a lifetime prevalence of anxiety disorder, alcohol abuse
or dependence on externalizing problems.
For more information about the Purple Ribbon
Campaign, please contact the Ontario Association of
Children's Aid Societies or your local children's aid
society or child and family services office.
Brave New Family
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The Toronto Star
Oct. 18, 2003. 01:00 AM
For the kids, it's cool
Children in lesbian and gay families find it
perfectly natural to have two moms or two dads But
they've learned the hard way to
Home from school, the 7-year-old slumps on the couch.
"Dad, we have such hard homework to do," he moans. Dad
reassures him that they'll help him, and the other man
in the boy's life, Daddy, ushers him to the table for a
snack.
The boy has two fathers, two gay men who adopted him
three years ago from the Children's Aid Society. They
also adopted a 3-year-old boy last year.
"We wanted to make a family that was ours," explains
Daddy, a 49-year-old property manager.
"I always wanted to be a father," says Dad, 32, an
educational assistant studying social work. They asked
not to be named.
In the couple's tidy home, Dad points to a framed
photo of the two men and their sons with the judge at
the final adoption procedure.
"You know you've done the right thing when the judge
tells you he's proud to preside over your second
adoption," says Dad. "The judge told us, `I applaud you
guys.'"
While same-sex marriage has captured the headlines
recently, same-sex parenthood -- a quieter revolution --
has become increasingly popular and possible.
But not everyone is as approving as the adoption
judge presiding in the case of Dad and Daddy.
Homosexual parents and their children still face blatant
prejudices and, more commonly, feel society's downright
discomfort when confronted with two moms or two dads.
The kids constantly weigh the risks of coming out
about their folks. In a Grade 12 family studies class
recently, an 18-year-old girl quietly debated what to do
when a boy started saying ill-informed things about
children of gays and lesbians.
She decided to go for it. "I come from a family with
two lesbian moms," she told her classmates. And their
response? "They were nice, but stunned, weirded out. I
felt like I dropped a bombshell."
Numbers of gay and lesbian families are hard to
gauge. In the 2001 census, 2,900 same-sex couples
reported having at least one child living at home,
according to Statistics Canada. But that doesn't
include single or non-custodial parents or those not
willing to identify themselves as a same-sex couple.
While many of the children spring from previous
heterosexual unions, more are being born into homosexual
families. The lesbian baby boom -- thanks to donor
insemination -- began almost two decades ago.
The gay male's embrace of fatherhood is still in the
toddler stage. This year, a new workshop, "Daddies and
Papas 2B," was offered by the 519 Church Street
Community Centre and the Lesbian, Gay, Bisexual,
Transgendered Parenting Network. It proved so popular,
it's running again this fall. It covers the options:
Gay men can now adopt openly as a couple, go the
surrogate route -- with at least $35,000 for expenses --
or make arrangements with a woman to have a child and
share the parenting.
Not all gays and lesbians, however, cheer on family
values. One lesbian reports that when she was pregnant,
another said to her: "So you're one of the breeders
now."
There's some fear in the community that an emphasis
on parenting could make the gay and lesbian movement
more traditional, more conservative, explains Rachel
Epstein, co-ordinator of the LGBT Parenting Network,
part of the Family Service Association. "The debate in
the community is how to exercise our desire to be
parents and not dull the edges of what's been a radical
movement."
For the children, there are now support groups, Web
sites and, in some schools, anti-homophobia workshops to
help avoid -- at least theoretically -- playground
nastiness. There's even recognition from primetime
television. This fall, ABC introduced the sitcom It's
All Relative, about a young engaged couple -- she was
raised by wealthy, educated gay men and he's the son of
a prejudiced Irish-Catholic bartender and his wife.
Studies show the children of lesbians and gays are as
well-adjusted as their peers.
"No research indicates any emotional, cognitive or
mental health problems compared to children of
heterosexual parents," says Judith Stacey, sociology
professor at New York University. Some studies indicate
that they exhibit a greater respect for people's
differences.
"As a kid, I learned how fear and misinformation
work," says Chris Veldhoven, 36, an anti-homophobia
consultant who grew up with a gay father in small-town
Nova Scotia. "I'm the stronger for it."
More than 12 years ago, André Chamberlain answered an
ad in a gay newspaper looking for a potential sperm
donor and co-parent. For him, being an anonymous donor
held no appeal. "I always wanted a child in my life,
but being a full-time dad wasn't realistic," says
Chamberlain, 41, a lawyer.
He met numerous times with Mariana Valverde, who
would carry the baby, and her partner, Maggi Redmonds.
"We both really wanted kids -- it was a pivotal issue
in coming together," explains Redmonds, 56, a health
care administrator. If possible, they felt it
preferable for the child to know his father.
A son was born. Chamberlain is the legal father and
has access. The two women have legal joint custody. "I
live with their decisions," he says.
Differences have arisen but, over the years, the
three have been able to talk through any problems.
"It's a fairly flexible arrangement that's evolved over
time," Redmonds says.
The family grew five years ago when Redmonds adopted
a girl, now 7. Chamberlain and the little girl bonded
quickly.
"She looked up at me one day and asked, `Are you my
Dad?'" Chamberlain recounts. "I said, `Well, dear,
we'll have to talk to your mothers about that.'"
The answer was yes. He has the kids every second
weekend, either one or two at a time, pitches in with
child care and takes them both on holiday every summer.
"They're pretty much my anchor to the world," he says.
Now 11, the boy is bright and well-spoken. He was
about 5 when he realized most kids didn't have two moms.
"It came as a shock," he says. "I've only fully
understood in the last few years, talking to my moms and
my dad."
Occasionally, kids have teased him. "It's trivial.
I don't pay attention," he says. "They want a reaction
and I don't give them one."
In the future, he might like to be a lawyer, like his
dad, he says, but specialize in discrimination cases.
"I could relate. I know what it's like to be
different."
For the kids to handle homophobia, the parents must
be able to do so. "They have to be prepared to be out
or they instill shame in their kids," says Epstein of
the LGBT Parenting Network.
It can get tricky if a parent is just coming out.
Much will be dictated by how the straight parent reacts,
says psychotherapist Mary Dyson. In one case, a teenage
boy adopted his father's bigoted attitudes, verbally and
physically assaulting his lesbian mother.
While most schools preach anti-discrimination,
enforcement on homophobia varies widely. The Toronto
District School Board has a history of taking the issue
seriously, says David Rayside, professor of political
science and sexual diversity studies at the University
of Toronto. "Other districts are making baby steps."
A watchdog group largely of parents, the
Anti-Homophobia Equity Coalition, monitors what goes on
in Toronto schools and provides workshops for teachers.
"The schools run the gamut," says chair Lainie
Magidsohn. "Some celebrate Pride Day and others are out
of the Dark Ages."
In Toronto, school board social worker Steven Solomon
runs anti-homophobia workshops for students. Last year,
he met with 250 classes in more than 40 schools.
Solomon also helps run a support group, COLAGE, Children
of Lesbians and Gays Everywhere, that meets twice a
month. "For these kids, it's the first time everyone
around the table has a family that looks like theirs."
Despite all the best intentions, kids can get burned.
The middle school years, when puberty hits, can be
particularly rough, Epstein says.
"I told my best friend and she turned on me," says a
15-year-old daughter of lesbians. "She told people I
don't like, including a big mouth, that my parents were
gay."
The girl started getting harassing messages on MSN
one night, and kids at school the next morning kept it
up. But her teacher stepped in. While the girl was out
of class, he made it clear -- further harassment would
lead to suspension. The kids laid off.
That was Grade 7. Her family has since moved and
she's now in high school. The few new friends she's
told about her family have been supportive. But,
initially, she dances around the topic. "I ask
questions first, to see how they feel about it. You
have to be careful."
As for their own sexual orientation, studies show
that the vast majority of children of gays and lesbians
are heterosexual, says sociologist Stacey, a senior
researcher with the Council on Contemporary Families.
She adds that a slightly higher percentage than their
peers define themselves as not exclusively heterosexual.
The straight children, however, are still steeped in
their parents' world. "It's what feels familiar," says
Makeda Zook, 16, the heterosexual daughter of two
lesbians. She volunteers with an anti-homophobia group,
and one of her best friends is lesbian. "We talk about
queer issues," she says. Her boyfriends, she adds, have
been cool about her family.
She, however, wasn't always so cool. As a kid, she
didn't invite friends home. "Nothing had ever happened.
It was just paranoia built up by general remarks." But
her high school's atmosphere was accepting and she came
out. "I'm confident I'm straight, but I enjoy
interacting with lesbians and gays."
There's actually a name coined for this: "Culturally
Queer, Erotically Straight," according to Abigail
Garner, 31, author of the upcoming book, Families Like
Mine: Children Of Gay Parents Tell It Like It Is.
The Minneapolis-based Garner speaks on college
campuses, publishes a newsletter, writes articles and
has a Web site for gay and lesbian families. When she
was 5, her father left her mother for a man, and she
grew up in both households.
"Regardless of our own sexual orientation, our
heritage has `queered' us," Garner wrote in a U.S.
newspaper. From her two gay fathers, she learned to
carefully use language, be wary of organized religion,
love gourmet food, always demand latex and appreciate
musicals.
"I know the words to show tunes," Garner says. "At
camp when we'd sweep the cabin, I'd break into
Matchmaker, Matchmaker. The other girls were so
entertained, I realized, `They don't do this in their
homes.'"
No Recourse when Children's Aid harms children
October 3, 2003
The Supreme court of Canada yesterday ruled that
governments and quaisi-government agencies, such as
Children's Aid, are not responsible when they injure
their wards. Here is a story from the Montreal Gazette
on the subject:
Top court rulings limit sex-abuse
liability
Public authorities not automatically responsible
JOE PARASKEVAS
CanWest News Service
Friday, October 03, 2003
Public authorities such as governments, school
boards or foster home agencies cannot be held
automatically responsible for harm caused by people
under their control who are in positions of power, if
the authorities did nothing wrong in the hiring or
supervising of those people, the Supreme Court of
Canada said yesterday.
In separate rulings dealing with vicarious - or
no-fault - liability, the nine-member court rejected
claimants' arguments that public authorities were
unconditionally liable in three British Columbia
sexual-abuse cases dating from the 1960s and '70s.
Two involved children who were sexually abused in
foster homes. The other involved the repeated sexual
abuse of an aboriginal girl by a school janitor.
The cases were seen as potentially important to
thousands of claimants building cases about abuse
allegedly suffered in aboriginal residential schools,
many run by various churches from the late 19th
century to the 1970s.
In the main case involving foster home abuse, the
court said the link between the government and foster
parents is not close enough to allow a claim of
vicarious liability.
"Foster families serve a public goal - the goal of
giving children the experience of a family, so that
they may develop into confident and responsible
members of society," the court said. "However,
(foster families) discharge this public goal in a
highly independent manner, free from close government
control."
The court confirmed there was negligence in
supervision of the foster homes on the part of the
superintendent of placements, but the two-year statute
of limitations had expired by the time the claimants
came forward.
The court also said the Protection of Children Act
does not give the provincial superintendent of child
welfare "a non-delegable duty to ensure that no harm
comes to children through the abuse or negligence of
foster parents."
Justice Louise Arbour wrote the dissenting
argument, although she agreed the expiration of the
statute of limitations impeded the claim.
"The wrongful act at issue here," Arbour wrote,
"was sufficiently connected to the tortfeasor's
assigned tasks for vicarious liability to be imposed."
In the case of the school janitor, the Supreme
Court ruled the vicarious liability argument failed to
apply against the school board because the janitor did
not normally have daily, direct contact with children,
such as a teacher might.
Canadian Alliance justice critic Vic Toews
suggested the ruling might surprise parents who expect
children to be safe at school regardless of whom they
meet while there.
Candidates Avoid Facing Public
September 27, 2003
Candidates in Dufferin-Peel-Wellington-Grey for the
upcoming provincial election on October 2 avoided the
customary all-candidates meeting. Instead, five men
spoke in a Rogers studio answering prepared questions
from journalists, without public participation. The
resulting video was shown on Rogers cable television, a
channel inaccessible to many rural residents receiving
only American satellite TV. The format was adopted at
the insistence of Ernie Eves, over objections of the
other four candidates.
It is customary for the candidates to appear in a
meeting where members of the public can ask questions
not otherwise on the agenda. In a past meeting, one
voter caught the candidates off guard with a question
about purple loosestrife.
In the previous byelection, the format was already
modified, by forcing the audience to write questions on
a card, with cards drawn by Geoff Mullin. According to
a press release by the Ontario Liberal Party, 33
Progressive Conservative candidates in this election
have refused to participate in debates at all-candidates
meetings.
Only Dave Davies of the Family Coalition Party has
mentioned family law in his platform. There is no way
to ask candidates about family law issues such as child
abduction, divorce, or homosexual marriage.
Suspects threatened with CAS
August 12, 2003
Most criminal cases today end not with a jury trial, but
a confession and guilty plea. The following article from the Toronto Star confirms that the
police threaten to take away the children of suspects in
order to induce them to confess to a crime. We show
only the last six paragraphs of the article.
Toronto Star
Aug. 10, 2003. 08:33 AM
Why they lie and confess
TRACEY TYLER
LEGAL AFFAIRS REPORTER
No Canadian jurisdiction requires police to
videotape interrogations, but Toronto police generally
do it, with the exception of the hold-up squad, said
criminal lawyer Andras Shreck. In June, the Ontario
Court of Appeal took the force to task for failing to
videotape the interrogation of one of Shreck's
clients, Keigo Glen White.
The court said that, in the absence of videotaped
evidence, the voluntariness of White's alleged
confession was suspect and overturned his four
convictions for robbing banks.
After being handcuffed and strip-searched, White
was taken to an interrogation room, where he was told
-- falsely -- that he resembled photos of the bank
robber and that if he confessed police would make a
deal, the court said.
White said he confessed because police told him if
he didn't, his wife would be charged, lose her job and
her child would be seized by the Children's Aid
Society.
Constable Mike Hayles, a Toronto police
spokesperson, said the force policy is to videotape
statements "whenever practicable, which means whenever
there is equipment or facilities available."
It isn't hold-up squad practice to refuse to
videotape interviews, he added. "I'm not saying it
hasn't happened the past." But routinely failing to do
so would be "unacceptable."
How to Really Save Children
July 17, 2003
According to an article by
David Teetzel
car safety seats for children are almost never installed
correctly. Do you want to know how to make children safer?
Fire a hundred social workers and replace them with one
mechanic. Here is the article:
Can't somebody make a car seat easy to
install?
David Teetzel
07/17/03 00:00:00
I remember the reporter shaking his head in dismay.
In a traffic safety blitz in May 2002, 100 per cent
of child car seats failed inspection. Police checked
out 21 child seats on York Region roads and not one of
them was being properly used.
While another inspection blitz last July brought
the pass rate up to a still-dismal 29 per cent, it was
back to total failure this year.
That's pretty serious, when you consider more than
90 per cent of injuries to children in traffic
accidents can be attributed to improperly installed
car seats, according to St. John Ambulance.
According to Transport Canada, proper use of approved
car seats reduces the risk of injury and death 75 per
cent.
I couldn't imagine what was keeping parents from
doing this.
Until this week, when I spoke to Lisa Macdonald.
Ms Macdonald had just bought a car seat for young
Robin Ashley. She tried to install it using the
manufacturer's instructions, which she said were
"quite good".
However, instructions said the straps shouldn't
give more than one inch in any direction. Her car
seat was too loose, even after she tried all the
trouble-shooting instructions provided.
Wanting to make sure her baby was safe, she went in
search of help. Since police hand out tickets for
improper car seats, she went to the York Regional
Police station in Newmarket. She was told nobody
there had the training.
However, the cops directed her to the region's
Health Connection line at 1-800-361-5653.
But when Ms Macdonald called, she was told the next
car seat clinic wouldn't be held until fall.
Thinking she might want to drive with her child
before that, she went to a car dealership. Surely the
service department could help.
Well, no. She was told there were "liability
issues" involved with installing car seats. (One
would think any mechanical work on a car could leave
one open to "liability issues", but never mind.)
The mechanic told her Chrysler offers seminars on
child seats.
But the next one isn't till Aug. 19 -- sooner than
the public health session, but still a long time to
wait.
So she went to the fire hall, the Children's Aid
Society and the Red Cross, none of whom could help.
Her last call was to the OPP. One of their
suggestions was to go to their next spot check, which
will be on Hwy. 400 on the long weekend. If they
found the child seat was installed improperly, they
would fix it. (One would think if it's dangerous to
drive with an improperly installed car seat, one
should definitely refrain from doing so at 100 clicks
on a busy highway, but never mind.)
But -- hooray -- the OPP's child car safety
specialist, Const. Ann Goodwin, was in Aurora this
week and agreed to fix Ms Macdonald's car seat.
One would like to think every parent would have the
same perseverance and commitment to protecting
children as Ms Macdonald, but I wouldn't be surprised
if a lot of them give up somewhere around the third or
fourth call.
I don't want to slam any of the above agencies.
It's great Chrysler and York Region provide resources
to help parents with car safety issues -- and I
understand they both have plenty of other things to
do.
I would also recommend www.carseatdata.org as a
great online resource for people choosing a child
seat.
But should it really be this complicated? Should a
consumer really need help to use such an important
item.
I have no children and, therefore, no experience
with car seats. A couple of parents I asked told me
the complicated part is tethering the seat to a knob
over the rear door of the car. I was also told it
takes a certain amount of physical strength to pull
the straps tight enough.
This should be a challenge to all the engineers and
designers employed by seat manufacturers and car
makers. Surely somebody should be able to design a
safe child seat that is easy to install. How about
it?
Lawsuit
June 20, 2003
A lawsuit is now pending seeking more funding for
handicapped children. If the requested relief is
granted, this may do families more harm than good by
increasing the funding for Children's Aid. The lawyer
on the suit, Douglas Elliott,
is active in legalizing homosexual marriage. What
follows is a recent press release on the suit:
Special Kids Ontario
Special Kids Class Action certification application
dismissed by Ontario Superior Court of Justice
(Huntsville, June 17, 2003) An Ontario Superior
Court decision released yesterday by Justice Maurice
Cullity declined to certify the lawsuit as a class
action. The Court also ruled that parents and
families denied access to special needs agreements
would not be entitled to damages. The Court left open
the question of whether the Province was permitted to
cancel the special needs program and to require
parents to surrender custody of their children in
order to gain access to residential care. Lawyers for
the plaintiff say an appeal challenging the ruling
will be filed immediately.
Anne Larcade, mother of Alexander Larcade, acted as
the representative plaintiff in a class action
application on behalf of thousands of other Ontario
families with disabled children. Until 1997, these
families had been able to access special needs
agreements to help meet the needs of their children
when community programs proved insufficient. The
Minister of Community and Family Services unilaterally
cancelled the program that year, without asking the
Legislature to change the law which Ms. Larcade
claims mandates the program.
Few of the affected families have the emotional or
financial resources to challenge the government's
actions. Ms. Larcade believed a class action would
help to provide the solution to these needy families.
Justice Cullity rejected the class action
certification application on the grounds that the
government could not be held liable for damages
arising from a budgetary decision. Given that
finding, the Court concluded that the unresolved
question of the legality of the Minister's
cancellation of the program could be better determined
by a simple application to the Court than by a class
action.
Commenting on the case, Anne Larcade said, "My
family and others are extremely disappointed by this
setback, but we remain committed to ensuring that
families of disabled children living in Ontario
receive the programs they deserve. The public
distaste for the terrible position in which the
Ontario Government has put disabled children and their
families is not going to go away. No one should have
to give up their child to get suitable care."
Douglas Elliott, of McGowan Elliott and Kim LLP,
lawyer for Ms. Larcade, observed that Justice Cullity
indicated that the issue might be dealt with more
suitably as a test case rather than a class action.
Mr. Elliott stated, "While we are vigorously
pursuing an appeal, there is nothing to stop an
individual family from pursuing a test case on the
legality of the Minister's actions. The government
has failed to produce the alleged directive that
cancelled the program. It is very clear that the
Court has not excused the Minister's conduct in
cancelling this program without the approval of the
legislature."
For more information, please contact: Rob Brown or
Sasha Dmitrenko at McGowan Elliott & Kim -
416-362-1989
CAS Annual Meeting
June 17, 2003
The annual membership meeting was uneventful,
restricted to routine matters of approving previous
business and electing directors, an event that cannot
now be opposed. The annual report to the members this
year was abbreviated to omit the staff, plunging CAS
deeper into secrecy. Are staffers ashamed to be
identified with their employer? One unusual item was
the introduction of two observers from the Ministry,
presumably the Ministry of Community, Family and
Children's Services.
Innocent bystander attacked after CAS action
June 17, 2003
A Toronto woman bereft of her children by CAS has
savagely attacked a neighbor suspected of snitching.
This is a good reason for non-parents to take notice of
Children's Aid -- even you could be its victim. Since
links to newspaper articles rarely last for more than a
few days, here is the story as reported by J. Kelly
Nestruck in the National Post on June 13, 2003:
A Scarborough woman has had her hands surgically
reattached after they were severed by a
machete-wielding neighbour.
Madeline Monast, a 44-year-old single mother of
five, is in stable condition at Toronto Western
Hospital, but whether she will regain the full or
partial use of her hands is still uncertain, her
sister, Dawn Irwin, said.
"She's holding up very well," Ms. Irwin said.
"The hands have been reattached. There's a
possibility that the left one will be OK. The right
one doesn't look too promising at this time."
The attack on Ms. Monast took place on Wednesday
moments after the police and officials from the
Children's Aid Society seized her neighbour's four
children. The neighbour, a 38-year-old single mother,
allegedly attacked Ms. Monast believing she was the
one who had alerted Children's Aid.
With her hands hanging by their tendons, Ms.
Monast was rushed to Toronto Western Hospital, where
she underwent an eight-hour "replantation" surgery.
Doctor Herb von Schroeder, a microvascular hand
surgeon at Toronto Western, said 80% of the appendages
his unit reattaches survive. "We'll typically
estimate that an average amputation will get 80% of
the sensation back and 80% of the mobility back."
It takes considerable strength to completely sever
a hand, he said. "We see several machete injuries a
year here and it takes a very significant force....
It's not a simple cut."
Dr. von Schroeder said the psychological effects
of a serious hand injury are tremendous. "[Hands] are
the way we interact with our environment, with each
other."
A teenage neighbour, who lives behind Ms. Monast's
residence on Charles Le Blvd. in the Victoria Park
and Finch area, was shocked by the attack. He said
Ms. Monast is a friendly woman who volunteered at
Chester Le Public School. "I don't really see her as
someone who could make someone want to do that," he
said. The accused, who cannot be identified, was
charged yesterday with aggravated assault and failure
to appear in court.
The Toronto Sun's article on the subject of June 17,
2003 ended with the paragraph:
To donate to the CAS Madeline's Hope trust fund,
call the Children's Aid Foundation at 416-923-0924
or visit www.cafdn.org
Even with blood on their hands, they still solicit
your money.
Chaos in New Jersey
June 10, 2003
A lawsuit brought by Children's Rights Inc (Marcia Lowry Executive
Director), the New York Times and others against New Jersey's Division of
Youth and Family Services, DYFS, resulted in a disclosure of hundreds of
case files to the plaintiffs. The original documents remain in their
custody, but an analysis by Richard Gelles was recently posted on the the
web. Marcia Lowry and Richard Gelles are proponents of state operated child
protection. Both have fought long and hard to get more funding for child
protectors. Their report shows a Dickensian quagmire of incompetence and
mismanagement, leading to grave danger and abuse toward children in the care
of New Jersey DYFS.
In well over a hundred families interviewed, we have heard of no Dufferin
pre-teen children suffering the kinds of abuse routine in New Jersey. But
the continued accretion of money and power by an agency isolated from
community control can easily lead to chaos similar to New Jersey.
Addendum: The original press release at
http://www.childrensrights.org/press/2003-06-09.htm is now gone, but here is
our copy of the press release.
From the June 6, 2003 Orangeville Citizen:
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 17, 2003
Monora Park Pavilion
Banquet Room
| 6:30 pm | Business Meeting |
| 7:00 pm | Speaker: Dr Mary Sue Crawford
Upper Grand District School Board |
| 7:30-8:00 pm | Recognition of Service
Presentations to Board and Staff |
| 8:00-8:15 pm | Solera Choir |
Coffee and Refreshments will be served |
Here are directions to Monora Park. This is
a public meeting, and non-members may attend peaceably as well, to support
the families of Dufferin.
Survey Underway
June 6, 2003
This week a flyer was distributed in Dufferin announcing a research
study. Here is the text:
Information, Parents & Childhood
Development
A Research Study
Our future is our children; they are our
most valuable resource.
We are studying the knowledge, attitudes,
and current practices of parents in the
County of Dufferin.
What services to parents need?
How and where should this information be provided?
Results will be available on the Web in Fall of 2003
at http://www.fis.utoronto.ca
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1000 surveys are being mailed to randomly selected
homes in Dufferin County. Only
households with children 12 years old or younger
are asked to participate.
All responses will be kept confidential.
To participate in this survey, or receive more information,
contact:
Darla Fraser Primary Investigator |
Dr. Elaine Toms Associate Professor |
infopcd@fis.utoronto.ca
416-978-4715
Faculty of Information Studies
University of Toronto
Research support provided by:
[ logos of FIS,
Wellington-Dufferin-Guelph Health Unit Public Health,
Invest in Kids,
U of T,
Scholastic,
Dufferin Child Care Committee,
County of Dufferin. ]
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This research needs your opinions and ideas
regarding parenting, children and your community.
(end of flyer)
Based on previous experience, social services may try to stack the
results by getting their own staff to participate. But parents can do the
same.
This is a good opportunity for Dufferin parents to get on record with
your true views of Children's Aid. Call the phone number in the flyer to
participate. Surveys will be mailed out next week, so you must act
promptly.
Warning! Be cautious about the promise of confidentiality.
The News We Kept to Ourselves
April 11, 2003
Dufferin VOCA has gathered a large volume of news
regarding Children's Aid which does not appear on this
website. The following article from the New York Times
by Eason Jordan (link expired), describes why news
organizations withhold news in terror situations. The
reasons expressed are exactly why we fail to report on
Children's Aid, though in place of torture and death,
the threat is of removal of children.
The News We Kept to Ourselves
By EASON JORDAN
April 11, 2003
ATLANTA -- Over the last dozen years I made 13
trips to Baghdad to lobby the government to keep
CNN's Baghdad bureau open and to arrange interviews
with Iraqi leaders. Each time I visited, I became
more distressed by what I saw and heard -- awful
things that could not be reported because doing so
would have jeopardized the lives of Iraqis,
particularly those on our Baghdad staff.
For example, in the mid-1990's one of our Iraqi
cameramen was abducted. For weeks he was beaten and
subjected to electroshock torture in the basement of
a secret police headquarters because he refused to
confirm the government's ludicrous suspicion that I
was the Central Intelligence Agency's Iraq station
chief. CNN had been in Baghdad long enough to know
that telling the world about the torture of one of
its employees would almost certainly have gotten him
killed and put his family and co-workers at grave
risk.
Working for a foreign news organization provided
Iraqi citizens no protection. The secret police
terrorized Iraqis working for international press
services who were courageous enough to try to
provide accurate reporting. Some vanished, never to
be heard from again. Others disappeared and then
surfaced later with whispered tales of being hauled
off and tortured in unimaginable ways. Obviously,
other news organizations were in the same bind we
were when it came to reporting on their own workers.
We also had to worry that our reporting might
endanger Iraqis not on our payroll. I knew that CNN
could not report that Saddam Hussein's eldest son,
Uday, told me in 1995 that he intended to
assassinate two of his brothers-in-law who had
defected and also the man giving them asylum, King
Hussein of Jordan. If we had gone with the story, I
was sure he would have responded by killing the
Iraqi translator who was the only other participant
in the meeting. After all, secret police thugs
brutalized even senior officials of the Information
Ministry, just to keep them in line (one such
official has long been missing all his fingernails).
Still, I felt I had a moral obligation to warn
Jordan's monarch, and I did so the next day. King
Hussein dismissed the threat as a madman's rant. A
few months later Uday lured the brothers-in-law back
to Baghdad; they were soon killed.
I came to know several Iraqi officials well
enough that they confided in me that Saddam Hussein
was a maniac who had to be removed. One Foreign
Ministry officer told me of a colleague who, finding
out his brother had been executed by the regime, was
forced, as a test of loyalty, to write a letter of
congratulations on the act to Saddam Hussein. An
aide to Uday once told me why he had no front teeth:
henchmen had ripped them out with pliers and told
him never to wear dentures, so he would always
remember the price to be paid for upsetting his
boss. Again, we could not broadcast anything these
men said to us.
Last December, when I told Information Minister
Muhammad Said al-Sahhaf that we intended to send
reporters to Kurdish-controlled northern Iraq, he
warned me they would "suffer the severest possible
consequences." CNN went ahead, and in March, Kurdish
officials presented us with evidence that they had
thwarted an armed attack on our quarters in Erbil.
This included videotaped confessions of two men
identifying themselves as Iraqi intelligence agents
who said their bosses in Baghdad told them the hotel
actually housed C.I.A. and Israeli agents. The
Kurds offered to let us interview the suspects on
camera, but we refused, for fear of endangering our
staff in Baghdad.
Then there were the events that were not
unreported but that nonetheless still haunt me. A
31-year-old Kuwaiti woman, Asrar Qabandi, was
captured by Iraqi secret police occupying her
country in 1990 for "crimes," one of which included
speaking with CNN on the phone. They beat her daily
for two months, forcing her father to watch. In
January 1991, on the eve of the American-led
offensive, they smashed her skull and tore her body
apart limb by limb. A plastic bag containing her
body parts was left on the doorstep of her family's
home.
I felt awful having these stories bottled up
inside me. Now that Saddam Hussein's regime is
gone, I suspect we will hear many, many more
gut-wrenching tales from Iraqis about the decades of
torment. At last, these stories can be told freely.
Eason Jordan is chief news executive at CNN.
Aylmer Families Ordered Protected
March 26, 2003
Today the court in the Aylmer case issued a six month
protection order against the family.
A rally occurred outside the courthouse while the
court was in session. About a hundred family members
attended, including children, and a dozen other
supporters. Print and broadcast media representatives
were on hand to gather stories. After the court
hearing, the participants addressed the gathering and
the media. The Executive Director of St Thomas Elgin
Children's Aid expressed satisfaction with the ruling of
the court, and treated the decision as a good one for
the children, who were deemed in need of protection.
The lawyers for the families appeared, and in legal
terms expressed reservations about the decision,
suggesting that an appeal was forthcoming. Pastor Henry
Hildebrandt addressed the crowd to amens and cheers,
promising to place obedience to God ahead of the laws of
Ontario. Here is a transcript of the remarks.
Children's Aid seized the children on July 4, 2001
because the social worker thought the children were in
immediate danger of harm from their parents. Sometimes
actions speak louder than words. In a demonstration
with over a hundred members of the Church of God,
including their children, the police did not find it
necessary to post a single cop to keep the peace.
Click on any of the photos below for a larger image.
A young boy expresses his opinion.
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Children mingle while CTV films.
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Church of God congregation joins in prayer and song.
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Others gather near courthouse door.
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Decision in Aylmer case
March 10, 2003
Judge Schnall has rendered her decision (in pdf format) in the case of the
children seized in Aylmer Ontario on July 4th, 2001. It
is in all respects a defeat for families.
In other areas of law, courts have long recognized
the extortionate nature of rules requiring an accused to
cooperate with his accuser. Yet child protection cases
deny families the right to remain silent. The judge
alludes to the value of parental cooperation with CAS,
since parents are usually the best source of information
about their children, but ignores the reality that
Children's Aid selects only the facts unfavorable to the
family. We have encountered many cases where the family
engages in an hour of interviews with one of the
Children's Aid stand-ins, then only a single damaging
fact gets presented to the court. Why not, as in other
areas of the law, let the parents speak for themselves
in the court?
As a reason for denying the right of silence to
parents, the judge suggests that the loss of children is
not an action directed against the parents. Criminals
know better. A sure way to a fortune is to hold a
wealthy man's child for ransom. In real life, the
threat of child removal is more severe than any criminal
penalty, up to and including death.
Later, the judge rules on the validity of the search,
finding that CAS was admitted to the home voluntarily.
This opinion serves as a ratification of the tricks that
CAS uses to get into the home without a warrant, and
limits protection against search and seizure to families
with litigation savvy.
Here is a a non-legal point. Judge Schnall suggests
that Pastor Henry Hildebrandt (whom she insults by
calling him Hildebrant) endangered the children by
arranging for a hundred members of his congregation to
assemble outside the home where the children were
seized. One of the worse aspects of seizure for the
child is the feeling of being abandoned by their
parents. The large show of support for the children
spared them this grief.
Traditionally only a parent can represent the
interests of a child. We now live in a legal wonderland
where an outsider can enter a home and claim to act in
the best interests of the child, superseding the parents
without even a finding of wrongdoing. There seems to be
no chance that judges interpreting the charter will
restore the traditional respect for parents.
This case confirms our opinion that there can be no
relief from child protectors through the courts. Many
judges realize what an atrocity child protection really
is, and an appeal to their humanity may get relief in
individual cases. Where there is an activist judge,
there is no relief. In Canada, the mood of the upper
levels of appellate courts seems sufficiently hostile to
families that no relief can be expected there.
Grass-roots organizations are the only way to correct
the abuses. We congratulate Pastor Hildebrandt for his
efforts in this direction.
Donation to Children's Aid
January 31, 2003
From today's Orangeville Citizen:

THE ACT OF GIVING. Athletic Centre for Training
through Sport (ACTS) Manager Chris Emmons (right)
presented Dufferin Child and Family Services Executive
Director Gary Putman with a $813 cheque Tuesday. The
money was raised through an internal Christmas drive.
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