On 14 July 2015, the Supreme Court of B.C. handed down an unprecedented judgment J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216. This is the first case in Canadian legal history in which child protection workers are found liable for misfeasance in public office, breach of fiduciary duty and breach of the standard of care. Findings therein confirm our views and support the merit of our cause. Continuous litigations between JP and the MCFD are summarized in JP Aftermath. Our commentary on the Plecas Review Part 1: Decision Time was published on 4 January 2016. If you have evidence of misfeasance or abuse of children in foster care, please come forward and contact us.
Our site contains vast amount of information on child protective services (CPS). Please hover your mouse over the navigation icons below to access the most frequently sought information by various categories of browsers.
This page archives report, comment and analysis on child removal cases we consider worth reviewing in chronological order for the following purposes:
to assist those engaged in the practice of law or in legal or social research;
to empower parents to make better informed decisions when their government has the power to remove children from their parents;
to reveal the nature of the "child protection" industry from the service recipient's perspective.
Every effort has been made to include judgments and the original source documents in these cases. However due to various reasons beyond our control, these documents are not always available. Hyperlinks may not be valid at the time of viewing. Our browsers are encouraged to notify us when they come across invalid links.
Note that not all cases took place in British Columbia. Browsers are encouraged to submit their cases reflecting their knowledge and experience in the "child protection" industry. Submissions will be verified to ensure accuracy and authenticity, therefore we will not accept anonymous submissions. Confidentiality and privacy will be treated with the highest respect. We will not divulge any information provided without prior consent.
The original source of information is linked to the title (in blue) on each individual case page.
Lisa Arlin, Surrey, B.C., Canada (August 1996) Synopsis: parent committed suicide after child removal and denial of access, mother gave consent to continuing custody order under duress and threat of cancellation visitation, archived on October 14, 2010
Heath and Deborah Campbell, New Jersey, U.S.A. (January 2009)
Synopsis: an American couple in New Jersey, U.S.A. named their children after Nazi leaders, there is a belief that their children drew the attention of the local "child protection" agency because of their names, there are also suggestions that their children were removed due to unspecified family problems, case status unknown, archived on February 1, 2009
Li's child removal, Vancouver, B.C., Canada (January 2009)
Synopsis: new born infant believed to exhibit Shaken Baby Syndrome in Richmond, B.C., Canada, both children removed including a non-Canadian 6-year old child visitor from Beijing, China, no criminal charge laid on either parent, older child returned to parents after being escorted by "child protection" social worker to Beijing, infant eventually returned to parents after they passed a lie detector test, archived on February 1, 2009
Chris Martell, Saskatoon, Canada (June 7, 2010)
Synopsis: 22-month-old Native child Evander Lee Daniels died in foster care, father Chris Martell raised money for legal fees to seek answer of his son's death, case open, archived on July 28, 2010
Tracy Watson, Renee Stalker, Olivia Stalker, Shafer Watson, Riley Watson v. County of Santa Clara, et al (Judgment handed down on April 4, 2011, San Jose, California, the U.S.A. stemmed from an incident on June 29, 2005)
Synopsis: Federal Jury in San Jose, CA awarded $3.25 million (including $2 million in punitive damages for the officers’ reckless abuse of authority) to the Watson-Stalker family whose children had been unlawfully taken by San Jose police officers, William Hoyt, Craig Blank and at least five other uniformed officers, as retaliation for asserting their rights as citizens, archived on April 8, 2011
Alleged Insanity of Ms. A of Salmon Arm, British Columbia (November 2009 and June 2011) Synopsis: Polish immigrant Ms. A (we removed all identifiable information because of an e-mail order sent by the police on 8 November 2011) lost her first child right after birth in 2009 due to an allegation of mental disorder, she was diagnosed by psychiatrist and clinical psychologist, both found no mental illness, their advocate had been warned that her continued assistance may lead to further MCFD involvement on her own family, second child born on 5 June 2011 was removed after birth, archived on June 4, 2011
Edmonton mother Jamie Sullivan went public after her infant Delonna Sullivan died in care on 11 April 2011 Synopsis: Edmonton mother Jamie Sullivan went public after her infant Delonna Sullivan died in care on 11 April 2011, Alberta "child protection" law prohibits naming of children and guardians in child protection cases, she risks breaking the law in her endeavor to seek justice, an Alberta Court of Queen's Bench judge has lifted a publication ban on the identity on 13 October 2011, "child protection" workers intended to remove her roommate's children, her infant happened to be a collateral damage at the wrong place at the wrong time, archived on June 18, 2011
J.P. v. B.G. 2012 BCSC 938 (25 June 2012) Synopsis: a high conflict matrimonial case involves competing allegations of sexual and physical abuse and mental incapacity, the Ministry of Children and Family Development (MCFD) forced the mother (JP) to fight charges that she was mentally unstable for nearly three years after they seized her four children and provided an opportunity for ex husband to sexually abuse her children. After a successful lawsuit (J.P. v. B.G., 2012 BCSC 938) to regain child custody from the MCFD at the Supreme Court of B.C., JP continued proceedings of a tort claim against the Attorney General for alleged public malfeasance on the part of the Director and the MCFD. Her allegations of bad faith will also be tried (archived on 1 October 2013).
One-Month Old Manitoba Foster Baby Matias de Antonia Died In Care (27 March 2014) Synopsis: Baby Matias de Antonia was born on 24 February 2014. He was seized by Manitoba's Child and Family Services (CFS) at birth for a concern that the ability of the infant’s mother Maria Herriera to care for him. The exact reason of removal is unknown to the family. The infant died on 27 March 2014, 32 days after removal while in the care of CFS. Police say they investigated the death and found no basis to lay charges.
Six-Week Old Dani Jean Died In Alberta Foster Home on 3 May 2013 Synopsis: Dani Isabella Jean was only three weeks old when she was apprehended by CPS in Alberta. According to the Child and Youth Advocate report, she was removed “due to concerns regarding possible risk of abuse.” and was placed with an experienced foster family. Three weeks later, on 3 May 2013, Dani was brought into hospital by her foster parents. By the time Sauve and Jean arrived, the little girl was dead.
Frank Wilson Seeks Custody of His Deceased Sister's Chidren Synopsis: Angila Wilson, a Native woman, was murdered by her former partner in April 2014 and left behind 3 young children. Her brother Frank Wilson seeks custody of her children and meets resistance from the Ministry of Children and Family Development. They went public in February 2015.
Brenda Burns goes into hiding with baby Naomi after CPS continues to demand home visits (2014-2015) Synopsis: Doctor found subdural hematoma in baby Naomi Burns. Parents Brenda and Joshua Burns were accused of child abuse. Husband Joshua was found guilty and mother Brenda was cleared and Naomi was eventually returned to her after placed in foster care. CPS continued to demand home visits and prolonging their involvement. Despite Brenda is no found guilty, her name was entered in the state's child abusers registry without proper notice served to Brenda. She went into hiding in March 2015 to evade further CPS persecution. (archived on 4 November 2015).
A Glorified Child Abuse Case: Toya Graham of Baltimore Synopsis: Toya Graham (an African-American single mother of six children) slapped and pulled her teenage son out of the protest in April 2015. Her violent discipline was captured on video and has attracted the attention of Baltimore CPS (archived on 8 May 2015).
J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216 (14 July 2015) Synopsis: This is the final chapter of J.P. v. B.G., 2012 BCSC 938 litigating a tort claim against the Attorney General for public malfeasance on the part of the Director and the MCFD. The Supreme Court of B.C. found the Province liable for misfeasance, breach of standard of care, and breach of fiduciary duty on the part of the Director and her agents. This is the first case in which a parent with children removed is successful to prove abuse of power and malice in court. This case is a must read to those who have been abused by the Ministry (archived on 17 July 2015).
Death of Alex Gervais (18 September 2015) Synopsis: In the morning of 18 September 2015, Alex Gervais, an 18-year old First Nations youth, fell to his death from the fourth-floor of a Super-8 Motel in Abbotsford, British Columbia where he had been sent to live alone and unsupervised. At the time of death, he was still in government care. (archived on 2 October 2015).
[This page was added on 9 February 2009, last revised on 20 November 2015.]