NEWS
About Us
Campaigns
Enforcement
Message Board
Resources
Contact Us
Advocacy Branch
At no time is anything on this website intended to be legal advice
The Advocacy Branch of the Council has been established to inform Canadians of how they can enforce the laws and regulations which govern child-welfare services and to advocate for increased accountability in child-welfare services across Canada.
Enforcement action should only be taken as a last resort when the police or government officials fail to act on complaints of unlawful conduct being conducted by child-welfare professionals, when you have exhausted all other appeal procedures available if any, and only when conviction is in the public interest and there is a reasonable chance of conviction.
Prevention Measures
February 2008 - Ministry of Citizenship and Immigration: An informant notified the Advocacy Branch of the Foster Care Council of Canada of the fact that the Ministry of Citizenship and Immigration had published information on their website which identified two foster parents in Leamington, Ontario using photographs and text. In response to this notice, the Foster Care Council of Canada wrote a letter informing the Ministry of the fact that it is an Offence for them to make public information which has the effect of identifying a child who is the subject of a child-welfare proceeding, or their parents or foster parents. The Ministry responded appropriately and quickly by removing the identifying information from their website. No prosecution is necessary at this time.
Read the first Notice
of Offence here
Current Schedule:
Most recent information at the top;
Related documents below table
Note: The prosecution below has been initiated by a private person
(private prosecutor) not
by the Council. The Council is however posting updates and giving
the private prosecutor space to share related information with the
public.|
Private Citizen (Private
Prosecutor) |
|||
| Date | Location | Purpose | Actual Outcome |
| Wed Oct 08, 2008 | " | Trial Date | Resolution
was reached the day before Trial. The Society furnished a list of it's
53 members to the mediating Crown, who also accepted the Private
Prosecutors letter to the members and mailed them out without revealing
their addresses. Nov 17th is the deadline for the members to respond if they wish to call a meeting to vote on the topic in the letter to the members (to let kids in care become non-voting members of the Society). On the 18th of November, 2008 the Crown will forward the responses to the CAS who will call a meeting of the members if 1/10th of the members have asked for such a meeting. If either party does not comply with the agreement, the Crown can reinstate the charge against the Scoiety which was stayed for twelve months. The charge against Barbara MacKinnon was dropped by the Private Prosecutor volunarily in an effort to establish a better working relationship between them in the future in the interests of Ontarians. |
| Thurs Sep 25, 2008 | To communicate with Crown | Defence Counsel wrote letter to Crown to express their understanding of the agreement. Their understanding of the agreeent is not what is written in the agreement. The Private Prosecutor has read their understanding and contacted the Crown to inform of their misunderstanding and to clarify that the list of members is to be provided to the Crown directly, not for them to distribute to the list themselves and to provide an affidavit of having distributed the list to the members. Outcome pending. | |
| Fri Jun 28, 2008 | " | To terminate resolution discussions | Private Prosecutor terminated resolution discussions after speaking to Defence Counsel who stated that he will advise his clients that a "stay" of the charges is not acceptable. The next day, when the Private Prosecutor asked for an explanation from Defence Counsel as to why he would make such a recomendation to his clients, he chose not to answer the question instead saying that he is seeking instructions from his client" in relation to the matter. |
| Thurs May 15, 2008 |
" | To set a trial date and discuss resolution agreement status | Trial was set for October 8, 2008 and it was discussed that we could have a resolution agreement completed and signed by the end of May, 2008. Once the agreement is signed by all parties, the charges against the Society and its Execuive Director can be stayed as the agreement will ensure that the reason the charges were laid in the first place are resolved. Both parties agreed to keep the draft versions of the resolution agreement confidential until finalized. Once finalized and signed we will make it available on the site for those who are interested in reading it. |
| Fri May 6, 2008 | Defence Counsel notified the Private Prosecutor that their 1st Draft Agreement will be ready by Friday, May 9, 2008 | ||
| Fri Mar 25, 2008 | Defence Counsel notified the Private Prosecutor of the fact that the Defence agreed to draft a resolution proposal | Awaiting the Draft Resolution Proposal | |
| Thurs April 24, 2008 | Crown's Office | To discuss 1st Draft Resolution created by Private Prosecutor | Defence
Counsel requested that both charges be resolved concurrently
(at the same time) as opposed to individually. This request was supported by the Crown and all parties agreed to have the Defence draft a resolution proposal to be agreed upon or amended to all parties mutual satisfaction. The Crown then brought us into the court room to adjourn the scheduled May 08, 2008 court date one week later on May 15, 2008 due to a scheduling conflict |
| Thurs Apr 17, 2008 | Meeting with Crown requested by Defence Counsel regarding 1st Draft Resolution | Scheduled meeting with Crown for April 24, 2008 | |
| Thurs Mar 06, 2008 | Defence Counsel requested a simplified Draft Resolution and demanded that both charges be dealt with at the same time | Responded
to Defence Counsel requesting that they provide specific questions of
clarification regarding the Draft Resolution Proposal so that I can
assist them in understanding it or amending it where desired |
|
| Wed Feb 27, 2008 | 1st Draft Resolution Proposal Sent the Defendant of one charge, Barbara MacKinnon | Wating for response | |
| Thurs. Jan 24, 2008 | " | To
be spoken to |
Defence
ajourned to have
resolution discussions. |
| Thurs. Nov 22, 2007 | " | To be spoken to (means just to show up and figure out what to do next | Adjourned to Jan 24 - Defence Counsel wanted clarification on the date the charge was laid. Defence asked the Crown to step in and determine if the charges were an "abuse of process". Crown did not deem it to be an abuse of process. |
| Thurs. Oct 04, 2007 | " | To be spoken to | Adjourned to November 22nd due to Counsel's back surgery and Disclosure was requested |
| Thurs. Sep 13, 2007 | 100
Constellation Cres.
Ottawa, Court Room
number 102 at 1:30pm (Near Algonquin College) |
First
appearance defendant Society to speak to the charges |
Defendant Society successfully argued improper service and hearing adjourned to October 04, 2007. Small technicality since summons was served through the mailroom instead of to a receptionist. The receptionist however redirected the service to the mailroom avoiding service. |
Case Histories
CASE SUMMARY:
Request for list of Society's members: Private citizen requested a list of the Children's Aid Society of Ottawa's members in order to advocate directly with them for a Society By-Law change which could strengthen the voices of children and youth in care by giving them equal status as regular members by creating a special class of non-voting members titled "Ward Members" for Society and Crown Wards.
Commission of Offence & private charges: The Society refused to furnish the list of their members as required by law, therefore committing an Offence. The private citizen then laid private charges against the Society and their Executive Director, Barbara MacKinnon for failing to furnish a list of the members of the Society and for authorizing, permitting or aquiescing to the Offence respectively.
Resolution discussions: The Defendants, requested through their legal Counsel to enter into resolution discussions with the Private Prosecutor to see about resolving the matter wihout charges which was agreed to by the Private Prosecutor.Breakdown of resolution discussions: The parties entered into resolution discussions. The entire duration of the resolution discussions, Defence Counsel threatened the Private Prosecutor with charges of "unlawful practice of law" and "abuse of process" rather than simply attempting to work out the issues in good faith. After a year of attempts by the Private Prosecutor and repeated adjurnments by Defence Counsel, the Private Prosecutor terminated discussions with Defence Counsel and is now awaiting trial on October 08, 2008.
Private Citizen v. THE CHILDREN'S AID SOCIETY OF OTTAWA (Ont. Corp. No. 37637) & BARBARA MACKINNON (Executive Director)
Relevant files:
| Description | Downloadable PDF's |
| Request filed with CAS | Request filed with CAS |
| Receipt of Request by CAS | Receipt of Request by CAS |
| Original Informations (Charging documents) | Information
on the CAS Information on Executive Director |
| Original Summons' | Summons on CAS Summons on Executive Director |
| Draft Resolution Proposals to Barbara MacKinnon regarding the charges against her and the Society | 1st
Draft Resolution Proposal doc / pdf Final Resolution offer by Private Prosecutor doc / pdf which was rejected by defence Counsel as "unacceptable" due to the provision to stay the charges rather than drop them. |
Original Informations = (Charges Laid)
The Foster Care Counci
of Canada