It's not about the standards, or legislation, or the bureaucracy - it's about ethics and application. If your going to fix what's wrong with child protection - start at the beginning
Author's Video Note:
CORRUPT PRACTICES IN INVESTIGATION: THE NEED FOR THE INSTALLATION AND REINFORCEMENT OF ETHICAL CODES AND VALUES IN THE ONTARIO CHILD PROTECTION ACT.
The Canadian justice system guarantees everyone due process under the law with one exception in practice - Child and Family Services Act, R.S.O. 1990, c. C.11.
There's only one kind of "investigation" that not only allows it's investigators to violate the Canadian Charter of Rights and expect it's investigators to slander, harass, intimidate, bully, threaten, badger and then slander again and dismiss the victims as being disgruntled as if the word itself disqualifies their right to a fair and impartial hearing.
EVERYONE - EVEN PARENTS ARE ENTITLED TO DUE PROCESS.
Child Protection Investigations: It might as well be an 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 judgements.
On top of that, these investigators have no actual training, no education or qualifications accepted by the Ministry and therefore - no license to conduct a lawful investigation and as such are not required adhere to an investigative code of conduct - even though - Ontario law is every private citizen or private agency is to be licensed to be or to have private investigators that are obligated to a code of conduct like every other investigator in Ontario is.
Here's a short list of backdoor strategies and tactics the children's aid society use in their kind of "investigation" in their quest to meet the agency's funding goals that has to be recorded and documented for legal purposes.
1) “Do you know why I'm here?”
(most often used by the social worker)
Social workers with the children's aid society will ask this, not because they want to have a friendly chat or help you, but because they want you to incriminate yourself. They are hoping you will “voluntarily” say something that will allow them to keep your file open. You may think you are apologizing, or explaining, or even making excuses, but from the children's aid worker's perspective, you are confessing.
They are not there to serve you or help you; the worker is there fishing for an excuse to get a supervision order or coerce you into signing a service agreement or apprehend your children.
In asking you the familiar question, they are essentially asking you what form of abuse or neglect your inflicting on your child and they will do this without giving you any legal warning because they are not required by law to do so.
2) “Do you have something to hide?”
(social workers and police officers will both try this)
Children's aid workers often talk as if you need a good reason for not answering whatever questions they ask, or for not consenting to a warrant-less search of your home.
The ridiculous implication is that if you haven’t committed some form of abuse or neglect against your child, you should be happy to be subjected to random interrogations and searches.
This turns the concept of due process on its head, as the social worker puts the burden on you to prove your innocence, while implying that your failure to “cooperate” with random harassment must be evidence of guilt.
3) “Cooperating will make things easier on you.”
(social workers and your very own legal aid lawyers will both try this one to get you sign consents and service agreement)
The logical converse of this statement implies that refusing to answer questions and refusing to consent to a search will make things more difficult for you. In other words, you will be punished if you exercise your rights. Of course, if they coerce you into giving them a reason to keep a file open or apprehend your children, they will claim that you “voluntarily” answered questions and “consented” to a search, and will pretend there was no veiled threat of what they might do to you if you did not willingly “cooperate.”
In my family's experience the director of service for FCSLLG claimed the not so veiled threats were nothing more than attempt to be transparent that my wife and I failed to interpret correctly, well on video it certainly was transparent.
4) “We’ll just get a court order.”
Children's aid social workers may try to persuade you to “consent” to a search by claiming that they could easily just go get a court order if you don’t consent.
This is just another ploy to intimidate people into surrendering their rights, with the implication again being that whoever inconveniences the children's aid society by requiring them to go through the process of getting a court order will receive worse treatment than one who “cooperates.”
But by definition, one who is threatened or intimidated into “consenting” has not truly consented to anything and is one very good reason to record and document for legal purposes everything they say and do.
5) "I'd like to talk to you in person."
This is an excuse to "observe" you, your family and your home for documentation without an valid reason and should you rather communicate by with the social worker by telephone or E-mail see #2 and #3 on the list above.
If you fail to document the society workers harassment it's your word against theirs and the society's workers like it that way and will attempt to isolate and prevent you from documenting any of the interactions listed above and usually will accuse the person or persons recording of violating the social workers rights.
Should you have an answering service or answering machine connected to your phone they may call you dozens of times a day before leaving any kind of a message as part of their harassment tactics.
In the society's quest for a protection order against my own family, our phone rang continuously for 8 months as we were dragged through the courts and only stopped after the society made a request to withdraw their application for that protection order.
Our judicial system is founded on the presumption of innocence in - criminal matters, meaning everyone is innocent until proven guilty with the exception of the Family Court/Child and Family Services Act, R.S.O. 1990, c. C.11.
Canada’s legal system is based on a heritage that includes the rule of law, freedom under the law, democratic principles and due process.
Due process is the principle that the government must respect all of the legal rights a person is entitled to under the law with one exception in practice - Child and Family Services Act, R.S.O. 1990, c. C.11. .