News and Information

Flagrant violations to the Charter rights.

Tuesday, July 19, 2011 - 06:04:03 PM
Chad Wells, Justice Advocate
Flagrant violations to the Charter rights of children
by Children’s Aid Society (CAS) workers unlawfully
entering schools in Ontario! Schools allowing children’s rights to be trampled upon by unregulated CAS
workers secretly interrogating children at schools without knowledge of parents.

While Canadian leaders boast to the world that
Canada is the land of the proud and free and that Canada
has the Charter of Rights and Freedoms protecting its
citizens, an investigation by Canada Court Watch into
the involvement of Children’s Aid Society workers in
many schools in Ontario has revealed quite the opposite
to be true.

Instead of children’s rights under the Canadian
Charter of Rights and Freedoms being protected, it has
been uncovered that many young children are being
threatened and intimidated during secret interrogations
by Children’s Aid Society workers who brazenly and
unlawfully come into their schools.

Shockingly, most school boards, ignorant of some
of the most fundamental laws, have been allowing CAS
workers to violate the rights of children inside their
schools without questioning CAS’s authority to do so.
Some of the children claim that they felt terrified
and violated. Some children reported CAS workers
going right into their classroom and pulling them out of
class in front of their teachers and peers.
Some children report being afraid to go back to
their school because of CAS and because of the sense
that school officials are working alongside of CAS.
What is very troubling is that most of these
unlawful and forced interrogations of children are being
done in secret at schools without the consent and
knowledge of parents or guardians.

A review of a number of school board polices
actually reveal that the boards have formally adopted
policies which instruct principals and teachers to allow
unregistered and unregulated CAS workers to come into
school without any questions being asked as to the
qualifications of the CAS workers or about their
authority to enter schools (CAS workers have none).
Recently the Trillium Lakelands District School
Board had policies on its website which violated the
rights of Children but when confronted with this by
parents in the region, the Board refused to meet or
communicate with the parents who were trying to get the
Board to correct its unlawful policies.

Another school board, the Halton Board of
Education was informed back in the spring of 2010 that
its policies broke the law the Board did not effectively
respond to the concerns raised.
The policy of the Halton School Board actually
contains a clause in their policy titled, “Holding children
after school” in which school officials are instructed to
hold children at school against their will and to keep the
detention of children a secret from parents if directed to
do so by unregistered and unregulated CAS workers.
Under the law, CAS workers are considered as
private citizens and have no more authority to tell school
officials to hold a student than does any ordinary person
off the street.

While school boards ensure that their teachers are
properly registered with the teacher’s college, for some
strange reason many school boards feel compelled to
take orders from CAS workers, who in most cases are
not even properly registered or regulated as social
workers and working unlawfully.

Retired veteran Provincial Police Officer and
current elected school board trustee with the Rainbow
District School Board, Mr. Larry Killens, told Court
Watch during an interview that he agrees that it is
completely unlawful for CAS workers to be coming into
schools to secretly question children.

“It is unacceptable that unregistered CAS workers
come into schools and violate the rights of children and
their parents by conducting investigations without the
informed consent of parents when it is required,” said
Killens.

As an elected school trustee, Mr. Killens has
attempted to address several issues with CAS in the
jurisdiction of his own school board but in spite of
waiting for a year CAS has been very elusive in
providing answers.

Mr. Killens is advocating to get CAS out of the
schools and has been making good headway in his
efforts to put an end to the lawlessness by CAS in
schools in his school board district.

Most CAS workers going into schools are not
registered and are breaking the law!

In a research document recently published and
made available for downloading on the website of
Canada Court Watch, it was revealed for the first time to
the public that significant violations to the law in Ontario
by CAS workers has been occurring on a massive scale
going back as far as the year 2000.

The document titled, “The unlawful practice of
social work in Ontario by unregistered CAS workers
providing services to the public under false pretence”
was authored by Mr. Vernon Beck, a child and family
justice advocate from Oakville, Ontario.

The information contained in Mr. Beck’s research
document, provides very clear evidence showing that the
vast majority of front line Children’s Aid Society
workers in the province of Ontario have been violating
the law since the year 2000 by not being registered with
the Ontario College of Social Workers as is required
under Ontario law.

Mr. Beck sent a copy of his document to the
Minister of Children and Youth Services but to date the
Minister has not challenged Mr. Beck’s claims that many
of the province’s CAS workers are breaking the law in
violation to the Social Work and Social Services Work
Act (1998),Beck’s document also touches on how CAS
workers have been going into schools and other public
institutions and breaking the law right under the noses of
school officials and public institutions as well.

The problem of CAS workers breaking the law has
become very widespread with many children having
been secretly interrogated in their schools by
unregistered CAS workers acting unlawfully.
What is also very troubling says Beck, “is that a
number of school boards have policies which violate the
Charter Rights of children and parents and in some cases
violate the Criminal Code of Canada.”

Mr. Frank Klees, MPP for Newmarket Aurora
raised the issue of CAS workers breaking the law in the
Ontario Legislature on May 5, 2011.

Currently, Canada Court Watch is working
alongside other parent groups in Ontario to bring
awareness to the pubic of this problem and to present
petitions to MPP’s to make schools respect the Charter
Rights of children at their schools.

True freedom cannot be said to exist in Canada
when unregistered workers with CAS agencies are
openly trampling on the Charter rights of children and
parents and flouting the very laws which were meant to
provide the most basic protection for all Canadians.
The current status quo is just not acceptable. An
immediate stop must be put to the massive law-breaking
by CAS workers in the province of Ontario intruding
into schools before more children are harmed.

Chad Wells is a freelance journalist who writes
about the justice and child protection systems.

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