Cornwall sex abuse victims given large settlements.
"I would look at somewhere between $70-100 million," said Garry Guzzo, a former Conservative MPP who blew the whistle on the scandal and pushed for a public inquiry.
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Peel CAS funding shortfall just province-wide tip of $67 million iceberg
Last week, a leaked memo revealed that Peel CAS was taking unusual steps to ensure ongoing funding. While the Ministry of Children and Youth Services has engaged in discussions with Peel CAS, Poole-Cotnam says the Province needs to take meaningful action to address the funding shortfall faced by children’s aid societies across the Province.
“When you’re dealing with an iceberg, shuffling deck chairs is not the answer. The Province has committed to revamping the formula used to fund CAS, but this still fails to address the root challenges facing the sector, which is $67 million in underfunding,” she said.
Across the province, CUPE members have been sounding the alarm, reporting cuts to services that prevent them from providing necessary supports to families in crisis and care to vulnerable children in need. The first services to feel the impact are those services which support early identification of issues and intervention before problems can escalate.
“No one should be surprised that agencies like Peel CAS are taking extreme steps to ensure they have the funding necessary to fulfill their legislated mandates to protect children,” said Carrie Lynn Poole-Cotnam, Chair of the CUPE Ontario Social Services sector.
https://cupe.on.ca/archivedoc2283/
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Child welfare's exclusive selected use of discredited hair-testing program harmed vulnerable families across Ontario: report BY PAOLA LORIGGIO, THE CANADIAN PRESS.
Posted Feb 26, 2018.
An independent commission tasked with examining the Motherisk hair-testing program says the child welfare system’s reliance on the analysis was “manifestly unfair and harmful” even when it did not substantially affect the outcome of cases.
The commission led by provincial court judge Judith Beaman says the tests were imposed by children’s aid societies on poor and otherwise vulnerable families and given excessive weight by the organizations and the courts.
Beaman says the tests had a significant impact on the outcome of 56 cases and seven of those families have obtained legal remedies, with four cases involving children being returned to their parents’ care. The commission was convened two years ago after another report found the Motherisk program run by Toronto’s Hospital for Sick Children fell short of international forensic standards for use in child protection and criminal proceedings, and said the lab “frequently misinterpreted” test results.
Children’s aid societies were directed in 2015 to stop using the Motherisk tests and the hospital shut down the program after apologizing for the issues.
https://www.680news.com/2018/02/26/discredited-hair-testing-program-harmed-vulnerable-families-across-ontario-report/
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The Scientific Sounding Eligibility Spectrum:
The Ontario Child Welfare Eligibility Spectrum is a field-developed, eligibility tool for child welfare in Ontario. Promoting excellence in our provincial child protection services, the child welfare eligibility assessment instrument supports the Ontario network of Children’s Aid Societies, their associated communities and the children, youth and families they serve.
Field developed by who? By a highly trained, highly educated registered trustworthy professionals with decades of experience or by high school graduates with a course in general social work and decades of experience?
The Eligibility Spectrum is a tool designed to assist Children’s Aid Society child protection staff in making consistent and accurate decisions about a child or family’s eligibility for service at the time a society becomes involved.
Child protection workers investigate physical, sexual and emotional abuse and neglect and determine if a society needs to become involved to protect children and youth from domestic violence; help children find adoptive families; provide family care for children; and support families and youth in conflict.
The revised Spectrum (2016) contains additional scales and items to assist decision making in areas resulting from changes in legislation, current research, practice and inquest recommendations from the Office of the Chief Coroner. The 2016 version is the result of a group of dedicated Children’s Aid Society (CAS) professionals who completed research and consulted with frontline staff and stakeholders throughout the province to ensure the revisions made reflect the interests and needs of the sector.
http://www.threemountains.ca/oacas
http://www.oacas.org/publications-and-newsroom/oacas-annual-reports/
http://www.oacas.org/publications-and-newsroom/professional-resources/eligibility-spectrum/
Difference Between Objective and Subjective .
2016 By Surbhi S.
Objective information is one that produces the complete truth, i.e. it presents a story from all the angles in a systematic way. It is a fact, which is provably true. On the contrary, subjective information is colored by the character of the person providing it. It is a great interpretation or analysis of the facts based on personal beliefs, opinion, perspective, feelings, etc.
Objective vs Subjective
There are a number of philosophical issues, relating to the questions of objectivity and subjectivity of a statement, judgement, information, point of view or anything else. A statement is said to be objective when it is based on facts, and it can be proved easily and is impossible to deny.
Although in the absence of facts on a matter, then the statement becomes subjective, as the speaker presents his/her opinion, which is always biased. Subjective perspective is based on personal feelings, likes, interest, dislikes, and the like. So, the actual difference between objective and subjective piece of information lies in the facts and opinion.
Definition of Objective
Objective refers to an unbiased and balanced statement that represents facts about something. The statement is not coloured by the past experiences, prejudices, perceptions, desires or knowledge of the speaker. Therefore, they are independent and external to the mind of the specific person.
As the information is entirely facts based, it can be is observable, quantifiable and provable. It can be counted, described and imitated. It presents complete truth and is free from individual influences, so it proves helpful in rational decision making.
Definition of Subjective
Subjective means those ideas or statements which are dominated by the personal feelings, opinion, preferences of the speaker. It is an interpretation of truth or reality, from the speaker’s angle, that informs and affects the judgement of people and is always biased. It can be a belief, opinion, rumour, assumption, suspicion, that is influenced by the speaker’s standpoint.
A subjective point of view is characterized by the past experiences, knowledge, perceptions, understanding and desires of the specific person. These statements are exclusively based on the ideas or opinion of the person making it, as there is no universal truth.
Key Differences Objective and Subjective
The fundamental differences between objective and subjective are discussed in the given below points:
A neutral statement, which is completely true and real, unbiased and balanced, is an objective one. Subjective means something which does not show the clear picture or it is just a person’s outlook or expression of opinion.
An objective statement is based on facts and observations. On the other hand, a subjective statement relies on assumptions, beliefs, opinions and influenced by emotions and personal feelings.
Objective information is provable, measurable and observable. In contrast, subjective information is relative to the subject, i.e. the person making it.
The objective statement can be checked and verified. Unlike subjective statement or a series of balanced opinions, so they can’t be checked and verified.
When a piece of information is objective, it remains same, irrespective of the person reporting it. Conversely, a subjective statement differs from individual to individual.
An objective statement is appropriate for decision making, which is not in the case of a subjective statement.
You can find the objective statement in hard science, textbooks and encyclopedias, but a subjective statement is used in blogs, biographies, and comments on social media.
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Cornwall sex abuse victims given large settlements.
"I would look at somewhere between $70-100 million," said Garry Guzzo, a former Conservative MPP who blew the whistle on the scandal and pushed for a public inquiry.
We all want to believe that nonprofit corporations like the children's aid society are full of hard-working people committed to improving society. But even the most well-meaning nonprofits can get into financial hot water.
Unfortunately the temptation to cover up financial problems can be particularly seductive for nonprofit CAS managers who have spent money like politicians with an expense account and no spending oversight for decades.
The GONE theory holds that Greed, Opportunity, Need and the Expectation of not being caught are what lay the groundwork for fraud. Greed and/or need provides the motive.
Published Thursday, June 10, 2010 12:20PM EDT ctvottawa.ca
Some victims of the Cornwall sex abuse scandal are receiving large financial settlements after decades of allegations that a cover-up of a pedophile ring existed in the eastern Ontario city, CTV Ottawa has learned.
See Also: https://cupe.on.ca/archivedoc2283/
The sex abuse scandal was uncovered in the early 1990s. A public inquiry ended in December 2009 after four years. The inquiry found the Catholic Church, police, the Ontario government and the legal system all failed to protect children from sexual predators.
Now, Ontario's attorney general has confirmed to CTV that several financial settlements have been reached with victims, and more lawsuits are outstanding.
The Project Truth inquiry into a pedophile ring cover-up and sex abuse allegations in Cornwall ended in December 2009.
Alleged victim Steve Parisien says the public has a right to know about large settlements paid out to sex abuse victims.
Although confidentiality agreements could mean taxpayers will never learn the true cost of the settlements, a former MPP predicts the payouts will total tens of millions of dollars.
"It's a lot of money coming from very few taxpayers, and the people of the Catholic Church are taxpayers."
While sources have told CTV the payouts are in the millions, alleged victim Steve Parisien says some individuals are getting less than $20,000.
"I think parishioners and taxpayers have a right to know how much has been paid out," he said.
A lawyer representing dozens of the victims wouldn't reveal how much money was paid. However, he confirmed several settlements have been reached with the Catholic diocese, the Ontario government and other Catholic organizations. There are also several cases in the works against the Children's Aid Society.
Cornwall's Catholic Diocese says it has settled all 16 of the lawsuits against the Catholic Church. The last lawsuit was settled a few weeks ago.
Bishop Paul-Andre Durocher says the total payouts from those lawsuits amount to $1.2 million. He adds none of those settlements involved confidentiality agreements.
"There's no doubt in my mind that these victims deserve this money," said Guzzo.
"You know the confidentiality agreement - never going to trial, never allowing it to become public - there's an element of hush money."
Although Parisien hasn't received a settlement, he is hoping to get some compensation for his experience.
He says while no amount of money will change his life, it will help validate what he went through.
"Just for my loss of wages - that's all I seek. I don't want nothing else from these people, they've done enough damage. And they have to sleep with themselves at night."
With a report from CTV Ottawa's Catherine Lathem
https://ottawa.ctvnews.ca/cornwall-sex-abuse-victims-given-large-settlements-1.521190
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Three CAS cases settled.
When it was filed in 2013, the civil suits totalled $14 million ($2.8 million per plaintiff).
Each plaintiff initially claimed $350,000 for pain and suffering, in addition to $1 million each for loss of future earnings and another $1 million for punitive damages. They sought $100,000 in future care costs, plus $100,000 for special damages and $250,000 for aggravated damages.
Two outstanding plaintiffs will be addressed shortly, Bonn said.
“We continue to work on those,” he said. “We intend to mediate those.”
The suit directed at the CAS also targets four former foster parents, two are now serving prison terms for sexual abuse of children placed in their care. A third convicted predator’s case is now before the Ontario Court of Appeal.
“Like most of these issues, they’re difficult all the way through and deal with unpleasant issues, but the fact that we’ve been able to reach some form of agreement means that each side is able to live with it at some level,” Bonn said Tuesday.
Bonn filed the claims on behalf of the five female plaintiffs, now in their late teens and early 20s.
“With litigation done, it would bring an end to this piece of their involvement with the CAS,” Bonn said.
All complainants listed claim the Prince Edward County CAS (PECCAS) is liable for the abuse each of them suffered while in the care of PECCAS.
The County society is now part of the newly-amalgamated Highland Shores Children’s Aid Society, which also spans the societies of Hastings and Northumberland counties.
Mark Kartusch, the society’s executive director, was also tight-lipped about the settlement.
“I can’t disclose any of the details,” he said Tuesday. “However, we do hope this helps these youths move forward.”
Kartusch wouldn’t go as far as viewing the settlements as a form of closure for the plaintiffs.
“How does one ever have closure?” he said. “We believe in these young people and their future and want to support them in that.”
Before the 2013 merger, PECCAS was subjected to an extensive government probe which revealed a bevy of damning findings.
The investigation led by the Ministry of Child and Youth Services in Dec. 2011 – following a rash of child sex abuse charges against County foster parents – showed the agency was rife with significant internal conflicts recklessly placing vulnerable children in homes not properly screened and some cases not screened at all for months.
Kartusch said the agency has found better footing since the findings triggered amalgamation.
“I think we’re moving forward but will not forget the past,” he said.
Some concerns linger.
“I’m concerned that this may cause people to lose confidence in fostering or foster families,” he said, adding few bad apples aren’t representative of the whole bunch.
The 2013 statement of claims alleged “PECCAS is responsible, in fact and in law, for its own negligence and breaches of its statutory and fiduciary duties as well as for the negligence and breaches of duty committed by its servants, agents and employees,” states the claim, a copy of which was obtained by The Intelligencer in April 2013.
One statement of claim states, “PECCAS caused (the plaintiffs) permanent and extensive injuries and losses” ranging from alcohol and substance abuse to inability to trust, impairment of mental health, nightmares of abuse, suicidal thoughts and suicide attempts.
“They (plaintiffs) have incurred medical expenses and will continue to require therapy and medical attention,” the 2013 statement of claim adds.
Two of the former foster parents initially targeted in the claim were Walter Joseph Holm, 46, and his wife, Janet Holm, 49.
They pleaded guilty to several charges, including possession of child pornography, sexual assault and invitation to sexual touching and were sentenced in November 2011 to four- and three-year prison terms respectively.
Three of the five plaintiffs, now ages 21, 23, and 19, are linked to the Holms. It’s not known if they were the three of five now concluded.
Justice Geoff Griffin blasted the Holms for turning their home into a “sexual cult” while fostering 25 teenagers over the course of nine years.
The three plaintiffs further implied that PECCAS was “vicariously liable for the actions” of the Holms.
https://www.intelligencer.ca/2014/10/21/three-cas-cases-settled/wcm/3fd07287-3f2a-1755-7386-1c8c2353c943
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C.A.S. ATTITUDE: WIN CHILD WELFARE CASES AT ALL COSTS $$$.
(According to legal aid Ontario family lawyers bill legal aid an average of $40 000 for child protection proceedings.)
By Gene C. Colman of Gene C. Colman Family Law Centre posted in Child Welfare on Thursday, January 1, 2015.
It should not be a matter of "win" or "lose" when it comes to Ontario child welfare law yet it isn't actually about the actual condition of the child or the child's welfare. It's about accusations, Cosmo quiz style parental risk assessments and fake experts and every time the society decides your a risk they get paid.
Ontario's Child and Family Services Act tells us that the paramount purpose is to "promote the best interests, protection and well being of children." One might note the glaring lack of any reference to family. In fact, there is a paucity of references to family throughout the entire CFSA even though many judges recognize the importance of maintaining family whenever possible.
I had a recent experience with CAS counsel at court when representing a family unjustly caught up in the system. Our office had prepared a very persuasive and comprehensive response to the Society's Application. We attended at the mandated five day hearing that follows apprehensions from parental care. The CAS certainly had not expected such forcefulness; normally parents are so overwhelmed at this early stage that they are unable to mount an effective defence. Generally, the court will rubber stamp the CAS requests. We did not agree to just stand idly by at the first appearance and CAS counsel was surprised by our aggressive (yet fair) approach.
Our written material seemed to have persuaded the judge. He instructed the lawyers to prepare a consent endorsement along the lines that we were seeking (which of course included an immediate return of the children to parental care). As we were returning to the courtroom after preparing the consent, the experienced and respected CAS counsel turned to me and my clients and remarked: "This is the third time your lawyer has beaten me."
The CAS counsel's comment was made innocently enough and indeed was intended to be complimentary. But still I was shocked (but probably should not have been). Why was I so shocked?
https://www.complexfamilylaw.com/blog/2015/01/cas-attitude-win-child-welfare-cases-at-all-costs.shtml
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Children's Aid gets $4.3 million cash boost from province
The local Children's Aid Society is out of the red after the province agreed to "mitigate" the agency's $4.3 million deficit in time for its April 1 fiscal year start.
BEATRICE FANTONI, WINDSOR STAR Updated: March 28, 2013.
The local Children’s Aid Society is out of the red after the province agreed to give the agency an extra $4.3 million to erase its deficit and balances its books in time for its April 1 fiscal year start.
But whether that extra money will help reverse a decision to layoff 18 casual employees is hard to say, said Bill Bevan, director of the Windsor-Essex Children’s Aid Society.
“There won’t be any quick decisions in the next few weeks,” Bevan said on Monday, adding that the cash boost will help balance the 2012-2013 budget, but he has yet to get a clear picture of what the province will provide for the 2013-2014 budget, since it has introduced a new funding model.
Last week, the CAS announced it would layoff 18 casual case workers due to budgetary deficits.
“There may be a need for those staff down the road, but not immediately,” Bevan said on Monday. It all depends on the volume of work in the coming months as well as how WECAS manages to re-organize itself, he said, adding that the layoffs are not child protection workers or full-time staff.
The cutbacks are forced by a $70-million provincial funding shortfall across Ontario. WECAS not only had a $4.3 million deficit, it is also juggling $1.6 million in historic debt.
https://windsorstar.com/news/childrens-aid-gets-4-3-million-cash-boost-from-province
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CAS managers charged more than $106,000 in 'unreasonable’ expenses.
By SANDRO CONTENTA News Thu., Nov. 10, 2016
The CEO of the York Region Children's Aid Society, Colette Prevost, has spent 30 years working in the social services and mental health sectors. She worked at the Sudbury society from 2008 to early 2015 and managed $36.2 million in provincial funding in the 2014-15 fiscal year. (TORONTO STAR)
The audit of senior manager expenses describes accounting and spending problems throughout the Sudbury society.
We all want to believe that nonprofit corporations like the children's aid society are full of hard-working people committed to improving society. But even the most well-meaning nonprofits can get into financial hot water.
Unfortunately the temptation to cover up financial problems can be particularly seductive for nonprofit CAS managers who have spent money like politicians with an expense account credit cards and no spending oversight for decades.
From April 1, 2013 to March 31, 2015, the society was not addressing, or complying with, 21 mandatory provincial government directives that govern how records are kept, expenses are approved and contracts awarded.
Record keeping was so bad that auditors couldn’t rule on an additional $290,000 worth of expenses on corporate cards, partly because they could not figure out which senior manager charged them.
That suggests the problems could go deeper than those found in the $203,400 worth of expenses they were able to review.
The audit also found more than $240,000 worth of contracts awarded in ways that violated minimum procurement policies, including failure to seek multiple quotes.
In a statement, the Children’s Aid Society of the Districts of Sudbury and Manitoulin said it has launched an internal forensic audit to “identify all the expenses that can be recovered” from Prévost.
In response to a request for comment from The Star, Prévost, who has not seen the report, said,“I do not take this lightly. I worked very diligently for Sudbury CAS. Sudbury CAS and I agreed late last year to reimbursement of expenses that were viewed as potentially outside agency policy.”
The York society’s chair, Barb Gray, said in an email that Prévost “is on a personal leave of absence.”
https://www.thestar.com/news/insight/2016/11/10/cas-managers-charged-more-than-106000-in-unreasonable-expenses.html
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A review of spending at the London and Middlesex Children’s Aid Society, kept under wraps for months, revealed nearly two dozen executives made more than $100,000 and the agency shelled out thousands of dollars for taxis and iPads.
London’s child welfare agency squandered money on costly office renovations and highly paid, bloated management ranks, a just-released report by the Ministry of Children and Youth Services states.
The ministry put the Children’s Aid Society of London and Middlesex under review in late 2013 because the agency that cares for vulnerable children was running a deficit.
https://lfpress.com/2015/03/16/child-welfare-agency-found-to-have-wasted-money-on-office-renovations-consultants-and-bloated-management/wcm/e32079bc-4395-7c5e-70ec-378d688f0b6a
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Layoffs At Windsor-Essex Children’s Aid Society BY ADELLE LOISELLE SEPTEMBER 1, 2017
The Windsor-Essex Children’s Aid Society is laying off eight administrative support and preventative services workers.
Interim Executive Director Terry Johnson says the layoffs will not affect workers on the frontline and should not affect the quality of care received by children in their custody.
She says the problem is the budget. The province is reviewing the funding formula, so the agency does not know how much money it will get this year.
“We don’t know our budget for the year, and we’re five months into our year,” she says.
While the number of children in Children’s Aid custody has remained relatively consistent, Johnson says more kids require more complex care, and that is costly.
(The most expensive babysitters on earth...)
“On average that’s $310 a day, but when you bring some kids in it costs $500 to $1,000 a day,” says Johnson. “It has a huge impact on the budget.”
The average family of four on welfare might get a $1000 a month in Ontario.
The agency came up short $1.4-million, but thanks to surpluses in years past, it was able to whittle that down to $300,000 or $400,000. Children’s Aid is not allowed to carry over a deficit, so it has to find ways to mitigate the shortfall.
Once it hears back from the province, Johnson says it is possible those workers will be recalled.
Because of bumping rights in the workers’ collective agreement, the layoffs are not expected to take effect until mid-October at the earliest.
https://blackburnnews.com/windsor/windsor-news/2017/09/01/layoffs-windsor-essex-childrens-aid-society/ ---
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Woman charged with sex assault of minors worked at male Highland Shores Children's Aid Society group-home at time of alleged offences.
February 1, 2019 7:16 pm By Alexandra Mazur Online Reporter Global News.
https://globalnews.ca/news/4916584/woman-charged-with-sex-assault-of-minors-worked-at-male-cas-group-home-at-time-of-alleged-offences/
Woman charged with sexual exploitation worked at Children’s Aid at time of alleged offences.
Belleville police say two male victims came forward claiming incidents of sexual assault with the accused, 48-year-old Sandra Forcier.
https://globalnews.ca/video/4917374/woman-charged-with-sexual-exploitation-worked-at-childrens-aid-at-time-of-alleged-offences
Youth worker charged with historical sex assault.
Police in Belleville, Ont., have charged a 48-year-old woman with five counts of sexual assault dating back to 2012-2013, when she was employed as a youth worker.
The woman is charged with two counts of sexual assault, two counts of sexual exploitation of a youth under 18 and one count of sexual interference.
The woman was employed by the Highland Shores Children's Aid Society (CAS) when the alleged assaults took place. Police said a lengthy investigation resulted in two victims being identified.
Highland Shores CAS executive director Tami Callahan said the accused was a supervisor at a residence for youth run by the society before leaving in December 2013.
Callahan said Belleville police have not been in touch with the CAS, and she didn't know whether the complainants were in the society's care at the time of the alleged assaults.
The accused also worked at Belleville and Quinte West Community Health Centre as a counsellor. The centre's executive director, Sheila Braidek, said the accused has been on leave for an extended period of time.
The centre would not provide any further information, citing privacy concerns.
The woman is due back in court in February after being released from custody with numerous conditions.
Anyone with more information should contact Belleville police at 613-966-0882 ext. 2328
https://www.cbc.ca/news/canada/ottawa/youth-worker-sex-assault-belleville-1.5001086
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Children’s Aid executive facing 20 charges in child abuse case. By Alexandra Mazur and Mike Postovit Global News. 2018.
OPP has charged William Sweet, a resident of Picton, Ont., after allegations of wrongdoing during his work as the executive director of the Prince Edward County Children’s Aid Society between 2002 and 2010.
After investigating cases of children placed with foster parents who themselves were convicted of child abuse, this led the OPP to look into Sweet’s involvement as executive director of the child care organization.
The 67-year-old Picton resident was charged with 10 counts each of criminal negligence causing bodily harm and failure to provide the necessities of life. The accused appeared at the Ontario Court of Justice in Picton on May 2.
Sgt. Carolle Dionne, provincial media relations coordinator, says that although Sweet never fostered any children of his own, he is being charged because as she said, “he ought to have known better” than to place children with the foster parents who have since been convicted in child abuse cases.
For a period of eight years, nine foster children were placed with six foster parents who have since been convicted of sexual abuse against those children.
According to Dionne, Sweet’s investigation encompassed a review of those previous abuse investigations and convictions between 2013 and 2016. Police then conducted additional interviews, executed search warrants and seized evidence to put before the court for Sweet’s charges.
OPP officers are not commenting on specific details of the allegations as the matter is now before the courts.
Children’s Aid Society moves on
Mark Kartusch is the current executive director of the Highland Shores Children’s Aid Society. In 2012, after the Ministry of Children and Youth Services reviewed the Prince Edward County Children Services, Sweet left his post, and his branch dissolved. What came from that was an amalgamation of several children’s aid offices, an organization which Kartusch now heads.
He says that Sweet’s charges are bringing up bad memories, but that he hopes people will have faith in the workers.
“We didn’t have a lot of people coming forward to become foster parents,” said Kartusch, although he said that things have changed in the last few years.
He also emphasized that events like those that happened to the children placed out of the Prince Edward County children’s aid are highly unusual.
“Kids are safe in foster homes,” Kartusch emphasized.
He finished by saying that although there are employees from the now defunct Prince Edward Country chapter working within the Highland Shores organization, they were not involved in any criminal activity.
“The charges are isolated with Bill,” said Kartusch about Sweet.
https://globalnews.ca/news/4182170/childrens-aid-executive-charged/
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A 14-year-old girl is a ‘sexually mature young woman,’ not a child, children’s aid society lawyer argues in sex abuse suit.
Kenora-Rainy River Districts Child and Family Services tells the Star it disagrees with what its lawyer argued in an ongoing sexual abuse court case, but refused to say whether it plans to rectify the statement in court.
NEWS 01:49 PM by Jacques Gallant Toronto Star
A 14- or 15-year-old girl is not a child, but rather a "sexually mature young woman," according to a lawyer for a Northern Ontario children's aid society.
The statement by Toronto lawyer Gary McCallum is contained in a July 2018 affidavit in an ongoing civil court case, in which a woman is suing Kenora-Rainy River Districts Child and Family Services, claiming she was sexually abused as a child by her foster father in the 1980s while under the care of the agency's predecessor organization.
It was again referenced in a January 2019 ruling from the lengthy case, which is playing out in a Toronto court.
The statement has been described to the Star by other lawyers and a professor of social work as "offensive," "shocking," and "appalling" — doubly so because it was made by the lawyer for the very agency charged with protecting the most vulnerable children.
"This is outrageous," said Melissa Redmond, assistant professor of social work at Carleton University. "You represent the organization that is responsible for protecting children in this community, protecting children from exactly the sorts of horrific circumstances that this child found herself in."
Redmond, whose research interests include child protection policy, said she can't understand why there have not been consequences for the statement. "I don't understand how this is in the public record and (Kenora CFS) have not been seen to distance themselves as quickly as possible and to talk about how they value the children in the community and the children they have served in the past."
820 Lakeview Drive Kenora Ontario P9N 3P7 Canada Phone: 807-467-5437 Fax: 807-467-5539
Ontario's Child and Family Services Act, which governs children's aid societies, is also clear. "'Child' means a person under the age of eighteen years," it reads.
Kenora CFS refused to say when it became aware its lawyer had made the statement, but told the Star this week it disagrees with McCallum and called his position "inaccurate."
The agency also refused to say whether it plans to rectify the statement in court.
McCallum declined to comment to the Star, saying in an email that "I will not be making any statements on matters that are currently being litigated and I will not be making any statements inconsistent with those of my client."
The statement is part of a voluminous court record that stretches back years. It appears in a July 2018 affidavit in which McCallum states he is responding to the affidavit of the plaintiff's lawyer, Simona Jellinek, which McCallum said is "rife with errors, imprecisions, and misrepresentations." (Jellinek declined to comment to the Star.)
"She states that the alleged assaults took place while the plaintiff was 'in childhood,'" McCallum states before noting that the plaintiff's year of birth indicates she would have been about 14 or 15 in the early 1980s.
"A fourteen or fifteen (sic) girl is a sexually mature young woman, not a 'child,' as the term is conventionally understood," McCallum states.
The statement is again referenced in a January 2019 decision by Superior Court Justice Jessica Kimmel, who ruled that the plaintiff's action could proceed. In her decision, Kimmel makes no comment on the statement itself, other than to say it was identified as a "live" issue by McCallum surrounding the allegation of sexual assault.
As other lawyers have pointed out, McCallum's position — which has now been in the public record for about eight months since the affidavit was sworn in July 2018 — is effectively the agency's position, as he is acting for it in court.
"He's speaking on behalf of a children's aid society, so it's deeply concerning that there's a children's aid society out there that takes the view that youngsters of 14 or 15 are sexually mature," said lawyer Loretta Merritt, whose practice is almost exclusively focused on representing plaintiffs in civil cases involving sexual abuse.
"If that's their view, the view of an organization charged with responsibility for caring for vulnerable children, then that's deeply concerning to me."
Kenora CFS executive director Bill Leonard told the Star in an email exchange this week that he can't really comment as the court case is ongoing.
"Mr. McCallum's statement is before the court and as you point out, it has been before the court for some time," he said. "But to be clear my agency does, and always has, considered 14 and 15 year old young persons to be children as defined by legislation and as such are deserving of our full protection from any form of abuse."
It's "disappointing" if Kenora CFS didn't know at the time that their lawyer had made such a statement in court, said Allen Wynperle, president-elect of the Ontario Trial Lawyers Association, which represents lawyers acting for plaintiffs.
"I would have hoped that they would be aware of the comments that their lawyer is making, and certainly if they weren't, that's a problem and a concern," he said. "But certainly now that they are made aware of it, what are they going to do about it?"
Jacques Gallant is a Toronto-based reporter covering legal affairs. Follow him on Twitter: @JacquesGallant
https://www.thespec.com/news-story/9237081-a-14-year-old-girl-is-a-sexually-mature-young-woman-not-a-child-children-s-aid-society-lawyer-argues-in-sex-abuse-suit/
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Story 1 of 3 - Barbara Kay: "Children's aid societies gone rogue."
Judge Harper wrote that that the father was lucky to “dig out from under the avalanche thrust upon him,” and that “the scars to the children” were permanent. In summary, “This was exacerbated by the actions of the Society, some police officers, some women’s groups and a school board.
The mother was, to put it mildly — confirmed by recordings, e-mails and text messages — unreliable and manipulative. The three boys repeatedly alerted the CAS to their mother’s violence, alcoholism and sexual indiscretions. Yet the CAS blithely ignored all evidence to the contrary of their own settled conviction that the mother deserved their support.
Finally the mother accused her oldest son of trying to kill her, which brought the family into a criminal court that doesn't just take society's word for everything .
Judge Harper assigned two-thirds of the court costs to the CAS — a record $1.4 million — and $604,500 to the mother.
He had scathing words for the CAS, whom he charged with becoming “a lead advocate” for the mother and the driving force for the trial.
He said that the agency went to great lengths to smother any evidence that countered their theory.
It was revealed at trial in a criminal court that mandatory document-sharing (file disclosure) was running a year late in the family court, and that one CAS supervisor, tasked with providing information to lawyers, had removed 475 pages of notes, records, summaries and emails from the file to the criminal proceedings. (This, by the way, is a criminal offence, although to my knowledge the supervisor has not been charged.) Judge Harper also noted that meetings were held to discuss how to protect the mother and case workers from the demonized father.
http://nationalpost.com/opinion/barbara-kay-childrens-aid-societies-gone-rogue
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Story 2 of 3: "CAS vows to appeal ruling of ‘bad faith."
“We stand by our decision to seek a child protection application in this matter.”
“We don’t make these decisions lightly and we take into consideration the opinions of other professionals and in this case we did so,” said Fitzgerald, referring to consultations with police, women’s groups and school officials.
Last week, Superior Court Justice John Harper slapped the CAS with a $1.4-million court bill and had harsh words for the agency, saying it failed to properly investigate a mother’s version of events in a divorce and custody battle, even when three children tried to alert authorities of the woman’s violence, alcoholism and manipulation.
http://www.lfpress.com/2014/04/14/cas-vows-to-defend-ruling-of-bad-faith
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Story 3 of 3
THE BIG STORY LEFT OUT OF NEWSPAPER IN ONTARIO.
Children’s Aid Society of London and Middlesex v. C.B.D.: Interests of the Children Lead to Quashing of Appeal in Child Protection Context Mark Gelowitz. Oct 31, 2014.
Though the Ontario children's aid society has claimed for years family courts judges provide important oversight in child protection matters (which doesn't appear to be in their job description) the family court judge in this case did nothing at all to prevent this tragedy and if anything was a contributing factor.
But as it turns out some judges like outside the family courts Judge Harper do provide important oversight and insight into the many faces of Ontario children's aid society.
Quashing an appeal for lack of merit is an extreme remedy. But occasionally, when very little merit coincides with another social interest, an appeal can be quashed for a combination of reasons. Children’s Aid Society of London and Middlesex v. C.B.D., released October 9, 2014, is an example of this, as the Ontario Court of Appeal quashed the appeal of the Children’s Aid Society of London and Middlesex (the “Society”) from a decision refusing to impose a child protection order. The Court held that the appeal had very little merit, and the interests of the children mandated that the appeal be quashed.
https://www.osler.com/en/blogs/appeal/october-2014/children-s-aid-society-of-london-and-middlesex-v
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A DISTINCTION WITHOUT A DIFFERENCE.
WE'RE NOT SOCIAL WORKERS WE'RE CHILD PROTECTION WORKERS.
Regulation of child protection workers by Ontario College of Social Workers and Social Service Workers: CUPE responds.
Please send or adapt any of the following letters to the Executive Director of your CAS.
DRAFT Letter 2 – Professionalism
I understand that there are plans in the works to force anyone who works in child protection to register with the Ontario College of Social Workers and Social Service Workers.
One of the reasons given for this change is that regulation will result in higher quality services and bring greater professionalism to the field and that this will improve the standard of child protection work in Ontario.
I would like to point out that a failure to meet standards of care in child protection work is very rarely the result of professional misconduct, incompetence or incapacity on the part of individual child protection workers.
(ACCORDING TO WHO? THE CHILDREN'S AID SOCIETY'S SECRET INTERNAL COMPLAINT PROCESS?)
The stated purpose of the College is to protect the public from unqualified, incompetent or unfit practitioners.
But children’s aid societies already set those standards and ensure their adherence: they determine the job qualifications. They deal with employees they deem to be unqualified or incompetent. And CASs decide whether child protection work in their area can be performed by someone who holds a Bachelor’s degree and has child welfare experience.
I may not hold a BSW or MSW degree, enjoy membership in the College or be subject to its regulation. But I am a professional practitioner in the child protection sector and, as such, I cannot countenance this move toward the regulation of the child protection workforce. I am resolved to fight it at every step of the way and instead campaign for the measures that will bring real benefits to at-risk youth, children and families.
Sincerely,
DRAFT Letter 6 – Privacy and discipline
The move toward a regulated child protection workforce in Ontario gives me cause for serious concern about my privacy as a child protection worker.
One of the rationalizations for registration and regulation with the College of Social Workers and Social Service Workers is the restoration of public confidence in Ontario’s child protection system.
But violating my rights to privacy and confidentiality will do nothing to achieve this goal.
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And what right to privacy?
A person employed by or acting as an agent for another person, private agency or government is not on their own time and have no right to privacy PERSONAL OR OTHERWISE.
Follow the link to read a lot more of this bullshit...
http://cupe2190.ca/wp-content/uploads/2016/11/SSWCC_CAS-letters-re-college-regulation_Nov.-2016.pdf
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