The judgment J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216 (CanLII) handed down on 14 July 2015 (hereinafter known as the Judgment, where n in square brackets [n] denotes the paragraph number of this Judgment unless stated otherwise) is the next chapter of a high conflict matrimonial case involving sexual and physical abuse of children. Hearings took place between 2010 to 2015 in the provincial and supreme courts of B.C. in Vancouver. There will be one more round of litigation of costs and damages if no settlement is reached between the parties.
JP (the mother) and BG (the father) separated on 5 October 2009 after a decade-long relationship when she accused him of assaulting her and one of their four children, two boys and two girls, then 7, 5, 3 and 1 in 2009. Law and police protocol require that the Ministry of Children and Family Development (MCFD) be notified in domestic violence involving children. From our observation, JP and BG are Caucasian and were in their late-30's or early 40's in 2012. The date of child apprehension from JP was on 30 December 2009, just one day before New Year Eve. In the judgment J.P. v. B.G., 2012 BCSC 938 (CanLII), Mr. Justice Paul W. Walker ruled that JP shall have sole guardianship and custody of the children. The judge also recognized the emotional trauma and distress JP and her four young children had suffered from the apprehension and the separation they have endured since then and while the children have lived in different foster homes.
The Judgment focused on negligence, breach of fiduciary duty, and misfeasance in public office. The essence of JP's claims is that the Director and MCFD's agents failed to assess and investigate reports of sexual abuse; wrongly apprehended the children and then misled judicial authorities during a subsequent apprehension proceeding and permitted BG unsupervised access to the children despite a supervised access order of the Supreme Court. BG was found that he had sexually abused his children during unsupervised access. In his 341-page long scathing judgment, Judge Walker held:
In conclusion, the judge added that JP assumed and carried out the Director’s statutory mandate to protect her children. If it were not for her Herculean efforts, the children would now, through the fault of the Director, be in the custody of their father who sexually and physically abused them.
To our knowledge, this is the first Canadian case (but certainly not the last) in which the Director and child protection workers (also known as social workers in many jurisdictions) are found liable for misfeasance in public office. In common English, they acted in bad faith, knowingly used false information to remove children and hence abused their statutory child removal authority and the financial backings of tax dollars to commence punitive legal actions. Furthermore, the Judge determined in  that the Director failed to act in the children’s best interests and did not abide by her statutory mandate or her own policies. She acted in breach of the standard of care of a careful parent.
To those who find our allegations skeptical or radical, the findings of the Supreme Court in this case confirm our views and justify the merit of our cause. Being the first Canadian court case of misfeasance committed by service providers of the child protection industry (hereinafter known as the industry unless otherwise specified) does not imply that this is an isolated incident. Since our inception, we often encounter abuse of similar nature. This case indeed reflects the norm of the modus operandi in the industry. Most oppressed parents simply do not have the resources or the will to fight such formidable enemy in court. This explains why there are so few successful cases against child protection regimes, despite the frequent abuse from various breeds of service providers.
In our first hand experience, malicious removal to punish dissenting parents, fabrication of evidence (from exaggerations to outright lies), calculating schemes to alienate spouses and families, using the police to intimidate parents, abusing the legal process to keep removed children in foster care longer, mounting disturbing surveillance on parents and above all, destroying families - the backbone of our nation, are common in child protection regimes around the world. This case reveals just the tip of an iceberg. It is a wake up call to an apathetic society that state-sponsored child removal seriously jeopardizes our freedom, liberty and, ironically, the safety of our children.
Section 101 of the Child, Family and Community Service Act (CFCSA) protects any person (primarily social workers and other service providers) from personal liability for anything done or omitted in good faith when performing the power, duty and function conferred under CFCSA. The Province submitted that the doctrine of absolute immunity protects from liability the conduct of the Director and Ms. Feenie, whom acted for the Province as the Director’s agent throughout the legal actions (see ). Absolute immunity is a privilege available to judges. The Ministry's position has placed the status of social workers as high as, if not above, the judiciary.
It is noteworthy to remark that immunity afforded by the CFCSA to good faith discretionary decisions is not afforded to the Director and social workers (see ). Namely, they are found malicious in exercising their child removal authority and carrying out their duties. The Director is also required to pay for special costs of the First Trial in an amount that will be determined from further submissions (see ). It follows that the director and social workers involved should pay all court awarded costs and damages themselves. Their personal assets and government pension should be frozen pending settlement negotiation and court decision. Taxpayers should not be held liable for their misfeasance.
At the point of writing, there is no indication that disciplinary action will be taken against wrongdoers. When questioned by the opposition in the House, Minister Stephanie Cadieux used the classic evasive tactic by reciting the same official lines previously used by her predecessors. Trite sophistries like child safety is of paramount importance, child removal is a difficult decision social workers made and the process is lengthy are irrelevant to the questions asked and only prove lack of leadership. When asked by the media what action will be taken, she said that she is reviewing the case and rolled away on her wheelchair. Her best strategy is not to comment, provide as little information as possiblem lay low and wait until public attention dies down. It is quite likely that those found liable by Judge Walker will get a slap on the wrist, be transferred to another location and continue to do what they use to do in the near future. Laying criminal charges and holding them personally liable for costs and damages are wishful thinking.
This case supports our belief that politicians are sitting on a time bomb as long as child protection regime has the authority to remove children based on a bureaucratic opinion. Learn from the downfall of the Progressive Conservative government in Alberta in May 2015. Get rid of this structural corruption before this child protection racket sinks the government. Voters will remember and get rid of those who refuse to act in the next election.
In most ministry-created atrocities or scandals, names of the child protection workers involved are seldom published. The media seems telling a horror story of an invisible ghost. Wrongdoers hide behind the curtain. Their political masters have to cover them under their skirts and use sophistries to answer, or more precisely evading, embarrassing questions in press conference on their behalf. This litigation flushed these god-like creatures out of their safe haven to answer to their malice and abuse of power first time in Canadian history.
The Judgment suggests collusion among various service providers. Child protection workers fabricated evidence. The police took the false information without independent verification. Police reports containing the same false information were used by child protection workers to support their decisions as if it originated from the police. This tactic of creating circular evidence is common in the industry. Knowing that child protection workers are generally considered professional experts and their opinions are seldom questioned in provincial courts, most service providers take information fed by them as gospel truth and use it without reservation when playing their own role. When challenged by a higher authority or parents, they all rally behind one another to affirm authenticity of the wrong or false information originated, in most cases, child protection workers.
One of the main characters in this case is Mr. William Strickland. His position is Team Leader, Protection, in the Intake & Assessment of Vancouver South, Unit RHK (Organization code CFD). His superiors are Terry Lejko, Regional Community Services Manager and Sheila Robinson, Executive Director (at one point Deputy Director). As of July 2015, his salary is probably a little less than that of a team leader at the SPO 28 R (Rural) level of $66,449.71 to $76,030.74 annually plus fringe benefits and an expense account. His office locates at 10th Floor 1177 West Broadway, Vancouver, B.C., V5M 1Z8. His business telephone number is 604-660-5437. The aforesaid information could change when MCFD implements damage control measures. It is noteworthy to add that most MCFD offices are in less noticeable locations and all are highly secured. In view of conducting the hideous business of child removal, high office security is very much needed.
Mr. Strickland is married with two children. His wife E. is from England. They reside in a new home purchased in early 2014. He graduated from the UBC in 2003 and holds a master degree in social work. Unlike Mr. Stickland, many veteran child protection workers do not have his impressive academic credential. One would shudder to imagine what less educated workers would do when exercising their power of child removal.
Public sentiment against this man is clear in the linked on-line petition (on the right) to fire him set up by an unknown party on 21 July 2015. In our opinion, his actions in this case warrant criminal charges of breach of trust, obstruction of justiceEvery one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding and false pretenceA false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it. contravening Section 336, 139 and 361 of the Criminal Code respectively. The findings of misfeasance by the Supreme Court of B.C. in this case are more than prima facie evidence. They support charges to be tried in a criminal court to determine whether they meet the higher standard of proof of beyond reasonable doubt and whether or not there is mens rea. Unless politically motivated to do the contrary, no Crown prosecutor should have difficulty to approve these charges as they stand a reasonable chance of conviction and certainly serve the interests of society. However, would the police act?
We may appear to be too heavy handed on a first time offender. Be mindful that such calculating schemes and tactics used to sabotage parents requires decade of experience to acquire. Getting caught and found liable the fist time does not necessarily imply that this is his first act of malice.
The public would expect bureaucrats with such absolute power to remove children uphold the highest code of ethics and are governed by a professional body. Few Canadians are aware that child protection workers employed by the Ministry are not required to register with any professional body. As of 22 July 2015, we found no social worker registered with the British Columbia College Of Social Workers under the name William Strickland. This exemption is shrewdly hidden in Section 4 Exempt Persons of the Social Workers Regulation of B.C. Despite recent staff recruitments require social work Bachelor’s Degree specialized in child protection (or child care), many veteran child protection workers have little academic qualification and are not registered with the British Columbia College Of Social Workers. These dogs are not on leash at all and are ready to bite as they see fit without fear of consequence.
In our view, there is no academic program that could produce child protection experts. If child protection experts ever exist, they are parents. We are not suggesting that registration with a professional body that enforces certain code of ethics on their registered members will solve the problem. Mandatory registration merely adds a little more deterrence and inconvenience when child protection workers abuse their power.
To those who think that mandatory registration will restore accountability, we would like to direct them to read the case of Edward Owen Berry, who was arrested and is facing multiple child pornography charges in January 2015. At age 51, Mr. Berry was working for the MCFD when the RCMP arrested him in mid-December 2014 after a months-long investigation. According to a profile with the B.C. College of Social Workers, Mr. Berry is a registered social worker. He specializes in child and youth mental health, youth justice, and services for children and youth with special needs in northern B.C. In a post on the College, Mr. Berry ran for election to the College. Furthermore, according to the 2014 annual report for the B.C. Federation of Foster Parent Associations, Berry was welcomed to his executive director position at the ministry and said he is a former foster parent.
Some may think that we are cynical at every front and fanatically hostile to service providers in the industry. Before you dismiss our notion as hyperbole, there are many more cases in which foster parents raped or kill foster children worldwide archived in our site. Power attracts the corruptible. Absolute power attracts the absolutely corruptible. In the Berry case alone, we have a registered social worker, a MCFD manager (before his arrest), a former foster parent who had run for director position in the B.C. College of Social Workers and the B.C. Federation of Foster Parent Associations. Such a seemly respectable man is now facing multiple counts of child pornography charges. No reasonable person should have any more faith in the system. We are unsure how many wolves in sheep skin are working in the industry. Enough is enough. Child safety is of paramount importance. We must err on the side of caution. The only solution is to revoke their statutory authority to remove children from their families. There are other statutes that grant such power to authorities based on good evidence and due process of law. CFCSA is redundant, counter productive, oppressive, dangerous and inhumane. It opens government to corruption and racketeering.
Foster parents play the important role of warehousing removed children by the industry. Judge Walker wrote on the evidence of the foster parent Martha C. Castro from paragraph  to . We have first hand experience with this foster parent in several cases. Martha Castro runs her foster home business at 229xx 123 Avenue, Maple Ridge, B.C., V2X 4E9. She is childless and lives there with her husband R. in a two-storey detached house. They appear to be in their 50's in 2015. They do not appear to be gainfully employed outside their foster home business, which they have run for at least a decade.
Maple Ridge is about 40 km east of the City of Vancouver. The Ministry often placed removed children far away from their original residence. This will inevitably create more fear and trauma to young children because they are in a new and unfamiliar environment. This also adds inconvenience to parents as they likely have to commute a longer distance to the meeting place during supervised visits. Be mindful that many oppressed parents do not have their own vehicle and have to rely on public transit. Failure to attend or arriving late in supervised visitations will be noted and misconstrued as evidence to suggest that parents have little interest to see their children. Most parents ended up losing their jobs due to frequent absence from work to see their removed children, usually once or twice a week for a couple of hours. When parents lose their income, it further strengthens custody order applications.
According to , Ms. Castro ran a level one (of three) foster home, which was not designated to deal with children who were sexually abused and sat at the lowest tier in terms of supervision. If the children were suspected of having been sexually abused, then, according to Ministry documents, the children would have to be moved to a level 2 or 3 foster home and out of her care (resulting in the loss of revenue). Why JP's children were placed there? We will offer a reason later. She rejected out of hand the complaints of school teachers and staff that the children were undernourished and hungry. Ms. Castro blamed these comments on the complaints of the older children who simply wanted the same treats that their classmates enjoyed.
To the dismay of those who believe that foster homes are a known safe place, many foster children live in dirty environment and are underfed. The Ministry has likely paid foster parents a prescribed amount of money to provide basic necessities and food to removed children. The deficiencies arise because many foster parents would like to maximize their profit by minimizing costs. After all, no one will take any action even if foster children or their parents complain. The finding of undernourishment does not surprise us. It is just one of the less serious harm that removed children must endure in foster homes. Less fortunate foster children are raped (such as Foster Father Howard Smith of Scarborough) or killed (Sherry Charlie of B.C. in September 2002 and Lily Choy, a foster mother in Edmonton convicted of killing her 3-year old foster kid in 2007). While most foster parents use removed children as tool to make money, some use them as sex toys and an objective of abuse. The aforesaid examples are not extreme isolated incidents cited to smear foster parents. There are many cases like these worldwide. Empirical data in our pull menu are evidence of the foregoing. In their infinite wisdom, foster homes are often characterized as known safe place by many provincial court judges to justify custody orders made in favor of MCFD in CFCSA hearings.
Judge Walker found Ms. Castro to have been unreliable when giving her testimony. She was highly defensive, and at various times inconsistent on key matters when giving her evidence, calling into question her credibility (see ). Judge Walker's findings are consistent with our experience with her. In another case back in 2006, she called an oppressed mother whose removed children were placed in her care. Either of her own accord or conspiring with child protection workers who desperately wanted to get interim custody, she provoked a fight, recorded the phone conversation, misconstrued what had transpired and the Ministry used her "evidence" to prove anger control problem in court. Incidentally, one of the law firms representing the Ministry in the 2006 case is also involved in this case.
On another count, JP alleged that Ms. Castro was using corporal punishment (see ). She failed to arrange JP's children to participate in their pre-apprehension recreational activities including gymnastics on her belief that there was no time or need for such activities. Castro's position was accepted at face value by Ms. Allen who was the social worker in charge of the day-to-day aspects of the children’s care (see ). In another case we have encountered involving Castro, she also canceled all extra-curricular activities of removed children that they enjoyed while in their father's care.
Foster parents are expected to support the Ministry's position in order to retain their contracts and obtain future, possibly more lucrative contracts in reward for their efforts. As Judge Walker noted in , there was financial motivation for foster parents to conceal or minimize negative behaviors of the foster children that could potentially result in moving kids to another home. Ms. Castro was earning $5,500 per month net of tax to warehouse the four children for 2.5 years. Note that this rate is substantially higher than the foster care rate in New Jersey of $713 per month per child in the TV documentary on the left. Few foster parents pay tax on income earned from warehousing children. They believe that this is child care expense reimbursement and therefore should be tax free. If MCFD does not issue T4 to foster parents, Canada Revenue Agency will have difficulty to prevent tax evasion. Furthermore, her earning of $5,500 per month (or $1,375 per child each) is inconsistent with the current Foster Family Care Home Monthly Rates of $909.95 for type 1 children. The discrepancy of $1,860.20 is an overpayment per month that MCFD owes all taxpayers an explanation. Alternatively, if the linked Foster Family Care Home Monthly Rates does not contain the most up-to-date information, why does the MCFD conceal the current rates to misinform the public?
Court transcript cited in  suggests that Ms. Castro's proficiency in English is low. It is unlikely that people of her caliber could earn this level of income elsewhere. Judge Walker found her defensive approach to any negative aspect of the children’s behaviour while in her care resulted from her concern that if she were blamed it could impact upon her contractual relationship with the Director (which resulted in earnings for her of approximately $5,500 per month net of tax). This is consistent with our belief that many, if not most, foster parents are warehousing removed children for money. Those who open their homes to children in need are minority, perhaps extreme minority. If you don't believe, tell the government to pull the plug. The Ministry's lawyers will be the first to walk, followed by most of these love-abundant foster parents.
Next to her high ill-earned income from taxpayers, the most disturbing finding is her attitude towards regular masturbation of the eight-year old child BTG (as of 2010) in her care (see ). In our opinion, her act amounts to corrupting children, which is a criminal offence under Section 172 (1) of the Criminal Code, R.S.C., 1985, c. C-46. However, Subsection (4) of this section stipulates that No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. Will the Attorney General or MCFD act?
Furthermore, she refused to acknowledge concerns expressed to her by the older children’s school teachers and administrative staff about their behavior, including their fighting, malnutrition and bruising. These disturbing behaviors are often found in foster children who have been forcefully removed from their parents. If these happen to children under parental care, they will be removed. This demonstrates a double standard on part of child protection workers towards child abuse in parent and foster homes. They often turn a blind eye on the latter.
Lastly,  stated that Ms. Castro was clearly sympathetic to BG (the sexually abusive father). Knowing that Judge Walker had issued a “strict” no contact restraining order against BG in May 2012 prohibiting direct or indirect contact with the children, she contacted BG via Facebook and violated the no contact order. The judge found her explanation that she did so as part of her “hobby” to find out information about parents whose children were in her care lacks credibility. She also thought that JP should go to jail if she showed up at the foster home. Foster parents frequently call police for help on the perception that parents should go to jail if they happen to be in the proximity of foster homes or bumping into them at public places. This self-righteous habitual tactics are self-serving, paranoid and cowardice. Many, if not most, foster parents are merely lapdogs that echo of the Ministry's position. They warehouse children for money and are prepared to run extra miles to please the hands that feed them - child protection workers, who have the authority to broker lucrative foster care business. JP's children were placed in the Castro foster home for a reason. It is one of the most popular foster homes that child protection workers use when they have a weak case. The objective is to get one more finger pointing at JP that she is an unfit mother.
More information on foster homes can be found in a separate page titled "Foster Home and Child Removal".
Ten days after Judge Paul Walker handed down his judgment, Minister Stephanie Cadieux announced on 24 July 2015 that respected former civil servant Bob Plecas has been hired to lead a review process. The objectives of the review is to assess if the child protection practice and actions taken by ministry staff, supervisors, and legal counsel contracted to represent the Director under the CFCSA were consistent with legislation, policies and standards during MCFD’s contact with the family during 2009 to 2012. Mr. Plecas will be joined by panelists to be nominated by the Child Welfare League of Canada. The panel has a mandate to review policies, legislation and standards that were in place at the time of the case, from 2008 to 2012, to review records and ministry actions and make recommendations. Mr. Plecas will submit his report to the government on 13 October 2015.
Few people outside the B.C. government have heard of the respected former civil servant Bob Plecas. Child removal was the mandate of the now defunct Ministry of Social Services prior to the founding of the MCFD. According to Veteran public servant has seen governments come and go by Vaughn Palmer, Mr. Plecas was hired by the former NDP Premier Glenn Clark to set up a stand-alone ministry for child welfare (MCFD) in the early 1990's. He spent more than twenty years in the B.C. government as a career civil servant. He served under six premiers, in both Social Credit and NDP administrations, as deputy minister for some twenty-five ministers in ten portfolios. He is the author of over twenty major pieces of provincial legislation and lives Victoria, British Columbia. His remarkable work history in government proves that he is a survivor. A successful survivor in a civil servant career often means that he is very amenable to the needs and likings of his political masters. His success in dodging house cleansing during changes in government of different political orientation support the foregoing. CFCSA could be his creation. He is now hired by the Ministry to lead a review panel on the parasitic monster he created. Is it likely that he will be objective and recommend measures that could curb government power and growth in bureaucracy?
To further mitigate the chance of getting a damaging report, the scope of Mr. Plecas' review only covers period from 2009 to 2012. This shrewd limitation eliminates all damaging findings Judge Walker stated in related judgments, including the one handed down on 14 July 2015. This almost guarantees that the Plecas review will be a slap on the wrist. If orchestrated carefully, the industry could turn this into an opportunity of getting more fundings.
Furthermore, the Child Welfare League of Canada consists of more than 140 members (as of July 2015) in all provinces and territories. These member organizations include a wide variety of government service agencies (including MCFD and its counterpart Alberta Human Services which got caught of under-reporting deaths in Albertan foster homes), community groups, provincial/territorial governments, associations, universities and child advocates. They all carry a child welfare banner and most, if not all, obtain fundings from various levels of government. It is safe to contend that their livelihood depends on state-sponsored child removal. Will these panelists bite the hands that feed them?
The Plecas appointment immediately attracted criticism from BC’s Representative for Children Youth (RCY), Mary Ellen Turpel-Lafond. She published a statement in response to government's review announcement saying the Minister is wrong. In the news article "With appointment, children’s minister thumbs her nose at child advocate" (written by Ian Mulgrew in the Vancouver Sun on 25 July 2015), Children and Families Minister Stephanie Cadieux added oil on fire by alleging that the RCY is not suitable for the job because she has exhibited bias. Turpel-Lafond who openly said that she is not impressed with Cadieux's wrong decision. She will monitor Plecas’ work on the case and is still considering using her own powers to investigate as well.
The farce reached its climax when a pseudo watchdog is going to monitoring another government appointed pseudo watchdog to review policy. We have shared our view why we think the RCY is a pseudo watchdog in a separate web page titled Representative for Children Youth. The fight between the RCY and the MCFD creates a good guy and bad guy scenario that diverts media and public attention from the real issue in the child protection industry. It is the child removal authority that creates all these problems, corruption and racketeering. How could the JP case possibly happen? It is because child protection workers have the power to remove children as they see fit without any good evidence, due process of law and, above all, without fear of personal repercussion. This case is not about a bad judgment call of placing children in the wrong hands but a child protection worker's misfeasance to sabotage a mother for whatever personal reason(s) he may have. In another words, JP's children are used as pawns in a retaliation scheme. We often encounter cases like this when assisting parents with children removed. The system is defective by design to allow abuse of power, using children as pawns in racketeering and collusion among service providers in the industry to fabricate just cause in removing children. On the surface, child safety is often portrayed as of paramount importance to garner support from the gullible public. In fact, job security and the financial interests of the industry and protection of service providers always take priority.
Bob Plecas is a longtime civil servant who created the MCFD and the CFCSA. In our opinion, he is more likely to be biased than the RCY. He will see bureaucratic modus operandi eye to eye in a tunnel vision. Will a pot call a kettle black? Have his own children been removed before to give him first hand experience to appreciate what the Ministry does and the impacts of state-sponsored child removal on the receiving end? Will MCFD select someone who may recommend something that could jeopardize its power, the financial interests of service providers and the longevity of the child protection industry?
Stephanie Cadieux remains the minister of MCFD after the mini cabinet shuffle on 31 July 2015. This implies that her damage control measures receive support from Premier Christy Clark and her cabinet. Events unfolded suggest that government wants to dance in circle and produces review to tell us what they want us to believe. There is no political will to solve the problem. Voters are watching and will remember those responsible of failing to take the right actions in the next election.
On 31 July 2015, the 42-year-old mother JP finally spoke in an interview by The Vancouver Sun "Fallout of abuse torments mom and children" (by Vaughn Palmer). She further revealed the following:
JP also voiced her concerns of the Plecas' appointment is to whitewash MCFD's wrongdoings in her case. The judge had over 275 days of hearings. A bureaucrat without subpoena powers, without full access to all the documents is hired to water down the judicial decision. She correctly assessed that if there was a more in-depth investigation, far more would be found wrong in the Ministry. In our view, her case just reveals the tip of an iceberg. But the Plecas review panel is nothing but a cover up attempt.
Most Canadians who have not dealt with child protection workers (or social workers) before may find that breach of fiduciary duty and misfeasance in public office of MCFD employees absurd. Some may think that those found liable are some rare bad apples that caused an isolated incident. In view of the modus operandi, absolute power and access to the deep pocket of taxpayers, the court findings are not absurd at all. In our experience, the findings are indeed the norm in many cases.
What we find absurd are the following:
Contrary to public belief, the only true beneficiaries in the industry are service providers. Protection of vulnerable children is occasional but highly publicized by pro CPS propaganda when it happens. The only parties who walked into the courtroom without getting paid are the parents and our volunteers. Despite who wins or loses, taxpayers are always an indirect victim. Some of the Ministry's lawyers may charge up to $400 plus taxes per hour for legal services rendered. Including court costs, it is safe to contend that this case alone could easily cost taxpayers $10 millions in the last 3 years. Racketeering has compelled government to continuously look for more revenue and/or to reduce other essential services to finance the lifestyle of service providers. Toll fees on bridges, ever rising medical insurance premium, gasoline taxes, property transfer tax are results of failure to curb racketeering.
It is noteworthy to add that legal expenses are not found in MCFD's budget. It is shrewdly hidden under the books of the Ministry of Attorney General. Tax dollars wasted on mounting surveillance on parents to fish for incriminating evidence, damages paid to various parties victimized by state-sponsored child removals are all hidden somewhere in the books of the provincial government.
The lawyer acting for the plaintiffs did not render his service pro bono publico either. The industry plunders parents and milks them dry in no time. There are indications that JP had spent over $100,000 in legal fees and is now relying on food banks. To her, justice is a very expensive commodity. She was compelled to spend all she had to protect her children from the abuse of their father resulted from bureaucratic wrongdoing and malicious persecution. After suffering unspeakable horror from the MCFD, she is enduring ministry-created hardship. As Judge Walker concluded at the end of his judgment, JP assumed and carried out the Director’s statutory mandate to protect her children.
Tactics that child protection workers frequently used on parents have been documented in our site for years. Some may think that these despicable tactics are fictitious or are biased exaggerations intended to embarrass the Ministry. This is the first time a supreme court judge has identified and affirmed many of these tactics very clearly.
We are grateful that the Judgment is widely covered by the media that placed emphasis on the Ministry's failure to protect children. It would be more informative to focus on the root problems that lay the foundation of structural corruption in the industry. Failure to protect is consequential. The essence of this case includes abuse of child removal authority, lack of accountability, inadequate check and balance that parents to seek prompt rectifications, financial motivation of service providers to prolong child removal and rally behind one another to support collective decisions, in this case a wrong decision.
MCFD creates jobs that appear to protect children. Child removal is instrumental in the industry. Under the pretext of child protection, self-serving service providers rip off huge amount of tax dollars by imposing their services on families by way of the rule of law. Motivated by job security and financial interests, they ruthlessly pursue parents and use children to beat them into submission. They define service quality standards, control the demand of their services and suppress criticism by using fear, lack of transparency and public apathy. Too much tax dollars have been placed in the wrong hands that often use the money on non-productive and counter productive activities.
Some child protection workers blatantly threaten parents that they own the police and the judiciary when trying to beat them into submission, often when coercing them to sign a custody agreement. Such arrogant brag is not a bluff. Various provisions of CFCSA oblige the police to act when requested by the Ministry, hence effectively reduce the police to a lapdog. While most child removals are accomplished with minimal force, they will taser parents to get their children at times (such as Misha Peterson on 22 September 2008 in Vancouver).
How about the judiciary? Did they get their fingers burned by the judiciary in this case? Most CFCSA matters are heard in provincial courts. We have seen many, if not most, provincial court judges are rubber stamps or strongly incline to rule in favor of the Ministry. Supreme courts are an unfamiliar battlefield to them. In "Director v. M.P., 2005 BCPC 651" (Docket: 2005-19226, Registry: Vancouver), Judge B.K. Davis ruled that temporary custody order made in favour of director when:
Furthermore, the judiciary often allows res judicata (relitigation of settled matters in court). CFCSA empowers child protection workers to re-remove children with or without new evidence after a court rules return of children to parents. Many re-removals of returned children often occur after child protection workers fabricate excuses (such as a breach of supervision terms). Relitigation of settled matters are not restricted to the foregoing. Removal of the sister of a Templeton Secondary "hit list" teen in Vancouver, B.C., on 29 June 2009 opens our eyes to how the police and MCFD use two different statutes to litigate the same settled issue of safety in provincial court.
In view of massive empirical evidence suggesting state sponsored child removal harms more than helps, it is safe to contend that the child protection regime is the largest institutional risk to the safety of children. The aforesaid remark is qualified by the large number of deaths of removed children in foster care and attempts to cover up by under reporting deaths in foster care.
To rid government of corruption and racketeering, people expect and demand the government to do all of the following:
Some may think that the foregoing are too harsh. If you have seen the abuse of power, how children are traumatized, how child protection workers use children to blackmail their parents to admit guilt in court, no reasonable person would recommend one ounce of leniency on perpetrators. This fiasco will not end if government's actions are less than what we recommend. Do not let politicians, bureaucrats or the pseudo watchdog Representative for Children and Youth (RCY) to lead down the garden path by suggestions like putting more money in child protection (too much money has already been given to the wrong hands), getting a second opinion on allegation of bias or hiring a retired judge to lead a commission to investigate deficiencies. Corruption in the industry has gone far too serious. No meaningful reform could rectify the problem except reining in. This is the only option to restore accountability, uphold justice, protecting children and, above all, securing our safety and freedom.
This is another wake up call to Canadians. The Judgment names and shames perpetrators who abused their power in public office and harmed those they are hired to protect. Above all, it brings to the public's attention the full nature and scope of the child protection industry. Findings in the Judgment confirm many of our seemingly cynical views that many Canadians find unbelievable. This case is a typical example of how abusive child protective service (CPS) is and how vulnerable families are when scrutinized. Child removal authority can be used to target any individual like JP or groups of people (like the First Nation during the residential school era) for purposes other than child protection. By and large, removed children become state properties. Despite CFCSA obliges children's views be heard, parents and in most cases children have no say to determine their future. Social workers often become the mouthpiece of removed children and speak on their behalf in court. From a broader perspective, the Judgment confirms that an elected assembly could make laws that trample a man's rights as much as a tyrant.
This is global problem most notable in English speaking countries where governments have the power to remove children from their families based on a bureaucratic opinion. Oppressed parents from CPS-infested nations like the United Kingdom, the United States, Australia, New Zealand and Canada all have similar complaints. Nations with a colonial background often have high over-representation of Native children in foster care. This suggests that state-sponsored child removal is financially and politically motivated. Our views on this notion can be found in MCFD & The First Nation and the Stolen Generation of Australia.
State sponsored child removal is a systematic attack directed against a civilian population that causes enforced disappearance of persons. To create maximum fear and anxiety, most parents are prohibited to know the whereabouts of removed children. Children are forbidden to tell and parents are not allowed to ask. As far as parents are concerned, their children have disappeared. Their disappearance beyond doubt is caused by the state. Despite the fact that it is legalized by CFCSA, such act of wanton cruelty is inconsistent with the mainstream Canadian values of compassion, fairness and civil liberty. In our opinion, this is akin to crimes against humanity defined in Article 7 1 (i) of the Crimes Against Humanity and War Crimes Act S.C. 2000, c. 24.
Errors do not cease to be errors simply because they are ratified into law. Corruption is authority plus monopoly minus transparency. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation. This is precisely what one will find in the industry. State-sponsored child removal has reduced humanity to the level of brute. It has no place in any civilized society, let alone a nation that ardently speaks of human rights, freedom and democracy. General child removal authority must be revoked and state-sponsored child removal be outlawed except in extenuating circumstances (such as life threatening situations and sexual abuse).
CPS-created atrocities occur daily. This case is the first abuse of bureaucratic child removal authority affirmed by court and will not be the last. Bureaucrats and the industry will see this Judgment as a curb on their power and lucrative financial interests. They will fight back tooth and nail against any ameliorative efforts. Fighting corruption is not just good governance, it is self-defense and patriotism. We hope that this unprecedented case will encourage more oppressed parents to rise and fight for their children, family and nation. Problems created by this dangerous cartel masqueraded as child protectors are far from over. Freedom is never voluntarily given by the oppressor. It must be demanded by the oppressed. Families under CPS scrutiny have been torn apart. Many removed children lost their parents. Some were abused and died in foster homes. Our hearts and prayers go out to families that have been harmed by the industry. Service providers not only destroy our children and safety, they desecrate our values in family and upbringing of our children according to our heritage. They foul our beliefs and attempt to replace them with their self-serving rationale masqueraded as theory in social works. They trample our freedom under the pretext of child protection. Like the now renounced residential schools, history will eventually prove that they are wrong and will fail. Through ruthless persecution, parents are granted a chance to rise, renewed, united and to get back to the best of who we are. We will stand up against any power, however formidable it may be, with dignity, integrity and honor that built humanity. Act before your loved ones fall prey. Join us and help build a safer future for our children.
[This page was conceptualized on 14 July 2015, published on 17 July 2015, last revised on 14 April 2016.]