M.M. v. Lanark, Leeds and Grenville Children’s Aid Society, 2018 ONSC 50...

Alleged Ontario CAS Hacker Trial Update... 19/08/14.



Alleged CAS Hacker Trial Transcript Now Included: 19/09/23.



https://unpublishedottawa.com/letter/247562/alleged-ontario-cas-hacker-trial-update-190814



https://unpublishedottawa.com/sites/unpublishedottawa.com/files/letter/118289/Denham.pdf A.



So who does FCSLLG go to first with a security problem,, their web-designer - obviously...! (forget the ministry and it's "cyber-experts a plenty" who could have rendered assistance)



IS CORPORATE INTERNET SECURITY JUST A WEBSITE OPTION YOU CAN FLIC ON OR OFF?



PAGE 26:



Q. So, you become aware of the problem. Who is the first person that your Organization retains to try and find out, how did this confidential information get out there?



A. As I indicated earlier, we were already under contract with a company that was working on our website, and that was upgrading it, and redesigning it for us. So, they were the first people we called to help out.



Q. Do you know who that was?



A. Laridae is the name of the company.



Q. Okay, and what did they conclude?



A. I’m sorry?



Q. What did they conclude the problem was?



A. Once again, you know, I can only tell you what I understand of the situation.

Q. That’s all I’m asking you to tell me.



A. What I’m told is that when the website had initially, or originally been set up, that some of the security features had not been put into activity, you know, turned on.



Q. You are not sure what that security feature is?



A. I do not – no, I could not comment on that.



Q. So, when is the day that you find out that there has been a security breach? Do you recall what day that was?



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RAYMOND LEMAY: I was just repeating what had been explained to me. That the security features of the website, when it was first installed, had not been turned on. That’s what was explained to me, and I am just repeating what I heard.



Q. So, all you know is whoever C.A.S. retained for you working in your position did something incorrectly with respect to the website that caused this issue?



A. That’s what, that’s what I understand, yes.



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A LINK POSTED ON FACEBOOK LEAD TO A LIST OF 285 CLIENT NAMES POSTED ONLINE... April 19, 2016.



"We suspect it was a hack. It might not have been a sophisticated one," says Ray LeMay, the organization's executive director.



"It could have been that the (website's) security wasn't very good on our side. And I suspect that is the case," he adds.



Lemay admits the report was on the FCSLLG's website but says it was hidden behind several layers of security including a password given only to the organization's board of directors.



"You have to go through the back door. You have to be looking for this," he says.



This is the second time in about three months that the organization has had to take down its website because of security concerns. An outside expert was brought in after a February scare to better secure the website. No sensitive information was revealed or even in danger in the first breach, Lemay says. He says they made the changes and were told the website was secure.



But a woman, who CTV cannot name because she has been involved with children's aid, says the link to the report was publically available. She says she found the link in several locations online and thought it was like all the other FCSLLG documents on its website.



https://ottawa.ctvnews.ca/names-of-285-people-referred-to-children-s-aid-in-lanark-leeds-and-grenville-posted-online-1.2865944



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Page 29: Lemay believes internet security is an option that comes with a website - an option that FCSLLG had never turned on even after the first breach of alleged security leading to the second breach of alleged security...



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"Ontario's children's aid societies grappling with how to monitor privacy breaches."



Why?



In 2013, the former Privacy Commissioner of Ontario, Anne Cavoukian, again called on government to pass new legislation that would require oversight from the privacy commissioners office in order to ensure that the sensitive data being managed by these agencies was being properly handled and secured and was again ignored by Ontario's liberals.



Child welfare workers who pry into electronic records of youth in care are difficult to track, critics warn, with an alert system for possible privacy breaches used only on select files.



Even though there are strict rules for accessing records, inappropriate searches can happen without anyone knowing about it, said Irwin Elman, the provincial advocate for children and youth, in an email.



As children's aid societies move toward a new centralized database, access to most records from across the province — and not just from within an agency — will soon become searchable to workers.



While the Child Protection Information Network (CPIN) database streamlines information collecting and sharing, it can also bring the "possibility for seemingly unfettered access" to sensitive files of youth in care, said Yuan Stevens, a former Ontario Crown ward and researcher at the Berkman Klein Center for Internet and Society at Harvard University.



Youth should be told in a "no-nonsense way" how their files are protected by legislation, and who has seen their file over time, she said. Stevens grew up in foster care in Orangeville, Ont., and in the fall will return to her studies at McGill University's law school, where she is specializing in technology law and privacy issues. She said privacy risks that existed in previous systems can increase in a centralized database.



The challenge of tracking privacy breaches isn't unique to the new system, as previous independent children's aid society databases faced the same problem, according to Elman.



CPIN gives workers access to care history information in a youth's file within their department. The youth's health, criminal and legal records are blanked out in the file and require special permissions to access.



Only restricted files, which are few in number, trigger email notifications to a children's aid society supervisor when an unauthorized person views a record. Youth who have "aged out" of the system are also searchable because there is no retention period for child welfare files.



Meet the ISG Series Integrated Security Gateway. It's just one of the many solutions on the market to protect everything from extremely sensitive corporate data to confidential client information.



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Optional Integrated IDP:



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The IDP security module combines eight detection mechanisms, including stateful signatures and protocol anomaly detection.



The ISG with IDP defends against security threats such as worms, trojans, malware, spyware, unauthorized users and hackers and can provide information on rogue servers and data on applications and operating systems that were inadvertently added to the network. Application signatures enable administrators to maintain compliance and enforce corporate business policies with accurate detection of application traffic.



The ISG Series Integrated Security Gateways

https://netpoint-dc.com/blog/wp-content/uploads/2015/11/1100036-en.pdf



Read more: Ontario's children's aid societies grappling with how to monitor privacy breaches.



http://yourlegalrights.on.ca/news/ontarios-childrens-aid-societies-grappling-how-monitor-privacy-breaches



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Quick Read: Ransomware attacks hit two Ontario children's. Officials with the other agency



Family and Children’s Services of Lanark, Leeds and Grenville — claim to have seen an English ransom message flash on their computer screens, demanding $60,000, when they tried to access their database in November.



The computer virus attacked while the Lanark agency was uploading its data to a centralized database known as CPIN alleges Raymond Lemay.



https://www.databreaches.net/ransomware-attacks-hit-two-ontario-childrens-aid-societies/



http://www.safetravelsmagazine.com/2018/02/26/quick-read-ransomware-attacks-hit-two-ontario-childrens-aid-societies/ 



https://www.thestar.com/news/insight/2018/02/22/ransomware-attacks-hit-two-ontario-childrens-aid-societies.html



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Family Law Information Centre (FLIC)



Child poaching funding predator Karynn Von Cramon, Manager of Legal Services for FCSLLG is married to Perth's legal aid lawyer Andreas Von Cramon who runs a legal clinic giving free advice to families dealing with the CAS.



Legal Aid Ontario: Lake 88.1 “In Focus”interview with LAO’s Andreas Von Cramon and Nathalie Champagne Description: Transcript of April 8th, 2014 “In Focus” interview by Bob Perreault from Lake 88.1 FM in Perth and Andreas Von Cramon, Supervisory Duty Counsel Criminal/Family Law and Nathalie Champagne, District Area Director, Ottawa Region Date: April 8, 2014.



https://www.legalaid.on.ca/en/news/newsarchive/downloads/2014-04-08_In%20Focus%20interview.pdf



Supervisory duty counsel Andreas Von Cramon who practices in both Criminal and Family Law, has seen a trend lately wherein low income residents of Lanark, Leeds and Grenville are representing themselves in the court system rather than seeking advice through the Family Law Information Centre.



COULD IT BE BECAUSE HE DOESN'T GIVE GOOD ADVICE OR ANY ADVICE THAT DOESN'T MAKE THE MRS. LOOK GOOD?



The reason may be that people are not aware of the services that are provided. His concern is that these services and resources can be of assistance to those going through trying times. - Doreen Barnes



https://www.insidehalton.com/news-story/4495905-family-law-services-expanded-in-tri-county-area/



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New expanded hours for family law services in Lanark, Leeds & Grenville legal clinic in Perth. Posted: Friday, March 28, 2014



Legal Aid Ontario (LAO) is helping the Lanark, Leeds & Grenville legal clinic provide more hours of support for financially eligible families, beginning April 1. This support will supplement the services already provided for families at the Family Law Information Centre (FLIC) in the Perth courthouse.



The expanded services for families at the clinic will include document preparation, assistance in applying for legal aid in addition to the legal advice offered at the FLIC. Independent legal advice is also available for clients who are using mediation to solve their family law matters.



Services at the clinic are by appointment only. To arrange an appointment, clients must first meet with the advice lawyer at the Perth FLIC to confirm that they require legal services and that they qualify for legal aid. LAO will be reviewing this initiative over the next six months and welcomes feedback from local community partners and stakeholders.



The expansion of family law services in Perth is one of a number of family law projects that LAO is undertaking, thanks to $30 million over four years in additional funding from the provincial government. LAO is investing the majority of this funding into sustainable improvements to family law programs and services.



Location:



Lanark, Leeds & Grenville Legal Clinic

10 Sunset Boulevard, Perth, Ontario, K7H 2Y2



Times:



Every second Tuesday, from April 1



9 to 11 a.m. by appointment only



Appointments can be arranged with the advice lawyer at the Family Law Information Centre at the Perth courthouse



Thursdays, 1:30 to 4:30 p.m.



Questions



For questions or further information, please contact:



Feroneh Neil

Manager, Communications

Phone: 416-979-2352, ext.5103

Email: neilfer@lao.on.ca and/or media@lao.on.ca



https://www.legalaid.on.ca/en/news/newsarchive/1403-28_lanarkleedsgrenville.asp



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C.A.S. ATTITUDE: WIN CHILD WELFARE CASES AT ALL COSTS $$$.



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). (Playing dumb) 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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Tammy Law's delusional thoughts, excuses, rationalizations and justifications for using the Motherisk test to justify denying parents due process and circumventing the Constitution, the Charter of Rights and the principles of fundamental Justice behind the closed doors of Ontario's family courts.



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The Motherisk Commission details years of rights infringements by courts. "If the same problems were identified in criminal court, there would be a huge public outcry." Tammy Law.



I want to be clear about what I think some of the fundamental problems are and how I think we can start to change this system. Because I am first and foremost a lawyer, my thoughts naturally focus on the role of lawyers in this mess. My thoughts are summarized as follows:



As lawyers, we need to recognize that good intentions are not enough. It is really easy to hide behind “the best interests of the child” and agree or acquiesce to all types of infringements of our clients’ basic human and Charter rights. This needs to stop. Lawyers need to start seeing their role in the context of defending our clients’ very real rights to human dignity and security of the person.



The culture of cooperation has gone too far. While I agree that it is very very important to work with the Children’s Aid Society to address their concerns, a line must be drawn when they demand cooperation that crosses the line. As a state agent, the Society has an obligation to ensure that it works in the most minimally intrusive way possible – respecting the client’s right to individual freedom while trying to ensure that its clients are served. This is a difficult job. Lawyers and courts should be there to ensure that the fine line is respected.



Society counsel need to understand that they have a public interest role. They should be providing advice to their clients in the context of being a public interest litigant. They have a duty to the court to be fair. This means that if unreliable evidence is being tendered (and there were many signs of this with respect to the Motherisk testing), they should be advising their clients about the unfairness of relying on it. Lawyers are and should be gatekeepers of evidence as much as courts are.



We need to be more vigilant. As noted in the report, our role as advocates is to raise every defense possible for our clients.



HOW ABOUT PRESENTING EVIDENCE THAT COUNTERS SWORN AFFIDAVITS WHEN CLIENTS HAVE IT IN ABUNDANCE - JUST SAYIN'..



Our clients are often extremely vulnerable, having lived lives that were challenged by multiple obstacles.



SO LAWYERS FAILING TO REPRESENT THEIR CLIENTS ISN'T JUST ANOTHER ONE OF THOSE OBSTACLES???



Many have made admirable attempts to parent their children. We need to be fearless in our advocacy for them. As a lawyer, I have experienced and seen derisive, sarcastic, or rude comments directed at myself and other lawyers who attempt to defend their clients. This needs to stop. It’s our client’s right – their children’s right – that they have a full defence.



http://www.tammylaw.ca/…/report-of-the-motherisk-commission/



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FLIC services are available in family courts across Ontario. At the FLIC you can find information about separation and divorce and related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes.



Information and Referral Coordinators (IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.



See the listing of FLIC offices throughout Ontario.



Each family court location has the following resources and services available: pamphlets and other publications on issues related to separation and divorce and child protection matters, including What You Should Know About Family Law in Ontario (available in 9 languages) the Ministry's Guide to Family Procedures information about legal services, the court process and court forms at designated times, an Advice Lawyer from Legal Aid Ontario who can provide summary legal advice at certain times an Information and Referral Coordinator who will provide information on alternative dispute resolution options, issues related to separation and divorce and community resources referrals to family mediation services connected with the court information about and scheduling for the Mandatory Information Program.



Feedback



Your feedback is important to the Ministry of the Attorney General. The ministry has established online, confidential client satisfaction surveys for Family Law Information Centres (FLICs), Family Mediation Services and the Mandatory Information Program (MIP). Each survey should take less than five minutes to complete and will help the ministry improve its services. Click on the appropriate link below to access the surveys:



Family Law Information Centres

Family Mediation Services

Mandatory Information Program (MIP)



https://www.attorneygeneral.jus.gov.on.ca/english/family/infoctr.php



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"[A]buse of process (is) the intentional use of legal process for an improper purpose incompatible with the lawful function of the process by one with an ulterior motive in doing so, and with resulting damages."



"In its broadest sense, abuse of process may be defined as misuse or perversion of regularly issued legal process for a purpose not justified by the nature of the process."



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Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ... Abuse of power can also mean a person using the power they have for their own personal gain.



The act of using one's position of power in an abusive way. This can take many forms, such as taking advantage of someone, gaining access to information that shouldn't be accessible to the public, or just manipulating someone with the ability to punish them if they don't comply.



Covert and overt abuse of power: Covert: covert means that something is hidden, in the case of power, it would mean that someone is concealing their abuse of power from the public/other service users/other care workers. Covert abuse of power can happen in any setting.



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