Which version of the law do you think is actually legal?

Which version of the law do you think is actually legal?
Posted on May 21, 2017 | Derek Flegg | Written on May 21, 2017
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Author's Note:

Author's Note:

"Former director of the Children’s Aid Society of the Districts of Sudbury speaks out." 

Consider how many lives are ruined by “fishing trips” and “social branding” of innocent parents/grandparents are born out of acting and investigating on a “mere suspicion” or “rumor mill”.  Many, many people have suffered marriage break-ups, a “no return” to a happy marriage reconciliation when a non-credited agency is allowed to roam at will through their lives and homes.

SEE: "Ontario child-neglect case shows faulty reporting system."

The law in Ontario says, "Any person with reasonable grounds to suspect child abuse or neglect," has a duty to report, but, the Ontario children's aid society under Wynne's liberals since the 2013 funding crisis and subsequent advertising campaign say, "It's your duty to report any suspicion." Doesn't quite sound the same, it isn't and it's not very Canadian to harass, badger and molest families over any suspicion at all - or is that really what Canada is now?”

Minister of Children and Youth Services Tracy MacCharles deferred to the judge’s ruling.

“This was a civil proceeding where the judge found there to be no reasonable grounds for the complaint. The judge heard both sides of the story and ruled in favour of the parents,” she said in a statement, adding “this case should not dissuade anyone from fulfilling their duty and reporting the abuse or mistreatment of any child.”

MacCharles’ spokesperson, Aly Vitunski, later added: “The law is clear. Every person, including an operator or employee of a child care nursery, who has reasonable grounds to suspect that a child is in need of protection, must report that suspicion promptly to a children’s aid society. It is not necessary for people to be certain a child is or may be in need of protection to make a report to a CAS.”

It's not necessary to be certain child abuse or neglect has occurred but it is necessary to have reasonable grounds to base any suspicions on especially when those suspicions are wrong causing permanent harm...

In the decision, Superior Court judge Lewis Richardson ruled Tammy Larabie’s call to the CAS was “unreasonable” and there “was nothing to suggest that (the baby) was in any danger.

Asked about the case, Premier Kathleen Wynne said Wednesday that her office would look at the judgment.

“We want to make sure that the laws that are in place are the right balance to ensure that people report when they see that there’s abuse, and that they feel free to report, but that they understand what it is that they are looking at,” she told Global News.

A fair balance?

The society is protected from accountability for their actions and police themselves, the informants are protected from accountability for their actions, but what has Wynne done to ensure that children that don't need to be in care aren't being placed in care?

Daycare worker eyes appeal after being sued for contacting CAS.

Tammy reported her concerns to the children’s aid society which found them reasonable enough to investigate but the judge found there were no reasonable grounds for concern and her call to CAS was an overreaction. He wrote in his ruling that there was “no basis whatsoever to call the CAS.”

In the decision, Superior Court judge Lewis Richardson ruled Tammy Larabie’s call to the CAS was “unreasonable” and there “was nothing to suggest that (the baby) was in any danger.”

So, why did the CAS decide there were reasonable grounds when clearly there wasn't? The easy answer, the society has a complete lack of empathy, no oversight, no integrity and an overabundance of funding goals, add to that the family court judges are complicit. See: Peel Memo Leak. and Province in talks with Peel Children’s Aid Society over strategies in leaked memo. 

See also: IS ONTARIO'S ROGUE AGENCY A REASON FOR CONCERN?

In the psychology of human behavior, denialism is a person's choice to deny reality, as a way to avoid a psychologically uncomfortable truth. There are those who engage in denialist tactics because they are protecting some "overvalued idea" which is critical to their identity. Since legitimate dialogue is not a valid option for those who are interested in protecting bigoted or unreasonable ideas from facts, their only recourse is to use these types of rhetorical tactics to give the appearance of argument and legitimate debate, when there is none.

Mary Ballantyne, the executive director of the OACAS, says the recent case which penalized a home daycare worker $10,000 for reporting a suspected case of neglect, could stop others from reporting legitimate cases.

THE PROBLEM FOR THE SOCEITY IS THERE AREN'T ENOUGH LEGITIMATE CASES OF ABUSE IN ONTARIO TO MEET THE SOCIETY'S FUNDING GOALS. WHAT THE SOCIETY IS DOING NOW TO MEET THOSE FUNDING GOALS IS ESSENTIALLY AND AMOUNTS TO NOTHING LESS THAN - POACHING CHILDREN FROM FAMILIES PEOPLE WHO MATTER DON'T CARE ANYTHING ABOUT.

“It’s hard enough to get people to report (to the CAS) and this will have a silencing effect,” said Mary Birdsell, executive director of Justice for Children and Youth. “The legislation is supposed to protect people from being sued if their report was reasonable.”

IS THAT SO MARY BIRDSELL?

Remember the Peel Memo Leak - back in 2013 the children's aid society claimed there was a province wide funding shortfall of 67 million dollars and decided the best way to deal with that was to act in bad faith and defraud the government out of the tax payers money by adding as many cases to ongoing services as they could, up to 1000 if possible.

Between 2011 and 2013 the 46 separate societies investigated a combined total of 42 000 families or about 14 000 investigations per year, in 2014 - after the Peel memo leak the societies reopened 20 000 previously closed files and investigated a combined total of over 82 000 families in one year as reported by the Toronto Star. Is it any wonder the workers are complaining about being overworked and all it took was one little government funded advertising campaign to send Ontario's social trolls and less intelligent do-gooders into a family bashing frenzy  ....

Good for the society's funding goals , bad for Ontario's underprivileged families.

Poaching has traditionally been defined as the illegal hunting or capturing of wild animals. See: Poacher. 1 : one that trespasses or steals. 2 : one who kills or takes wild animals (such as game or fish) illegally. The Ontario children's aid society takes this concept to a horrifying new level.

There's only one thing that exceeds the $1.5 billion dollars in yearly government funding the children's aid society gets - and that's their funding goals.... 

Motivations of manipulators: 

Manipulators can have various possible motivations, including but not limited to.

- the need to advance their own purposes and personal gain at virtually any cost to others

- strong need to attain feelings of power and superiority in relationships with others

- and need to feel in control (aka. control freak)

-a desire to gain a feeling of power over others in order to raise their perception of self-esteem 

- boredom, or growing tired of his/her surroundings, seeing it as a game more than hurting others

- covert agenda or funding goals exceeding 1.5 billion dollars

Impoverished: "Report shines light on poverty’s role on kids in CAS system." The government sets us up like bowling pins for the children's aid society to knock over.

Gene Colman, a Toronto family lawyer who handles cases involving CAS, said his office has been puzzled by the substantial increase in people calling because of CAS intervention in their families.

A GOVERNMENT FUNDED ADVERTISING CAMPAIGN WAS WHAT WAS GOING ON.

Province in talks with Peel Children’s Aid Society over strategies in leaked memo.

What is the definition of a modern inquisition?

An official investigation, especially one of a political, or of religious nature or other special interest groups, characterized by lack of regard for individual rights, prejudice on the part of the examiners, and recklessly cruel judgments.

Daycare operator successfully sued after making complaint to CAS.

Daycare operator sued for calling the CAS.

Then, on the other end of the spectrum we have police officers unable to recognize reasonable grounds when they see it.

Supt. Don Sweet of the Ottawa Police Service said."The officers didn't have reasonable grounds to notify Children's Aid" but Ottawa police sources have described the boy's treatment as the "worst case of abuse" they'd ever seen.

The law in Ontario says, "Any person with reasonable grounds to suspect child abuse or neglect," has a duty to report, but, the Ontario children's aid society under Wynne's liberals since the 2013 funding crisis and subsequent advertising campaign say,  "It's your duty to report any suspicion," so why do the police feel they need reasonable grounds?

What are "reasonable grounds?"

"A set of facts or circumstances which would satisfy an ordinary cautious and prudent person that there is reason to believe and which goes beyond mere suspicion."

Definition: Mere Suspicion. "A hunch or gut feeling, not based on fact."

Former Mountie sentenced in child abuse case.

The man, who cannot be identified, was convicted in November of two counts of aggravated assault, one each of sexual assault causing bodily harm, unlawful confinement, assault and failing to provide the necessaries of life, and a range of firearms offences.

What happens when you do everything right?

Parents Thank Smiths Falls Police After Missing Son Found Safe..

A PDF of the reasons given for the denial for information by the Smiths Falls police is now located at the bottom of the article.

Related article: Panic. Calm. Repeat.

"Children’s aid societies launch major training reforms"

 

About The Author

Advocates for family preservation against unwarranted intervention by government funded non profit agencies.

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