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  #1 (permalink)  
Old 06-05-2017, 11:54 AM
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Default The child welfare system in Ontario is broken - says Superior Court judge.

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“The child welfare system in Ontario is broken,” Campbell wrote.
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“The patchwork of child welfare legislation spread across Canada is not working.”
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The OCL is facing a tidal-wave of requests and is so overwhelmed that panel lawyers are often rushed into a case at the last hour and cannot possibly perform their duties adequately before expected to participate meaningfully on behalf of children embroiled in a process that need their skills and training.
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Campbell apologized to the parents “on behalf of the very system that perpetrated this upon you.”
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Lawyers say Campbell’s decision is unusual, as rather than simply making a ruling on narrow legal issues, the judge took the opportunity to comment on the system at large.
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“He revealed the underbelly and the weaknesses of the family court system,” says Steven Benmor, a Toronto family lawyer, who was not involved in the case.
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Benmor says Campbell’s criticisms of the child welfare system are accurate when it comes to Ontario, as the system is broken when it fails even one family.
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“When these people fall through the cracks, it reveals a weakness in the overall system,” he says.
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In this case, but one example of a broken system, the parents and K. have been consumed and trampled by the Frankenstein process we have created and allowed to become unmanageable.
Motherisk case shows cracks in child welfare

https://www.canlii.org/en/on/onsc/do...7onsc1022.html

Last edited by trinton; 06-05-2017 at 12:02 PM.
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Old 06-06-2017, 12:40 AM
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Typical judge. Big, long winded speech, acknowledging serious problems with family court but does he actually do anything meaningful about it? No. Of course not.
How about offering extensive reintegration therapy for this family paid for by the government that wronged them in the first place. If the parents have addiction or mental health problems offer them treatment at the best treatment centres in the country. At least try to mitigate the damage.

How about financial compensation for all three of these victims of family court? Suspension of the incompetent lawyers licenses?

If this were a custody and access case between two parents , the judge would have no problem keeping this going another 10 years or until the child turned 18. Counselling would have been ordered for reintegration even if one of the parents hadn't seen the child in 12 or more years.
Why should these two parents be treated any differently just because CAS is involved?

Last edited by Stillbreathing; 06-06-2017 at 12:46 AM.
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Old 06-14-2017, 02:09 PM
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How about offering extensive reintegration therapy for this family paid for by the government that wronged them in the first place.
Not an Order the judge can make.

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offer them treatment at the best treatment centres in the country.
Not an Order the judge can make - and why should the taxpayer be responsible for giving them "the best"?

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How about financial compensation for all three of these victims of family court?
If people are wronged they can sue for the tort.

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Suspension of the incompetent lawyers licenses?
Not an Order the judge can make.
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Old 06-14-2017, 11:00 PM
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Originally Posted by OrleansLawyer View Post
why should the taxpayer be responsible for giving them "the best"?
Because the taxpayer funded a system that gave them "the worst".
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Old 06-15-2017, 08:41 AM
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Because the taxpayer funded a system that gave them "the worst".
Taxpayers fund a system, period.

Ideally it would be a better system - however, the options for that is either throwing more resources at it, or speaking to your local MP/MPP about improvements.
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Old 06-15-2017, 10:50 AM
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or speaking to your local MP/MPP about improvements.
Thanks, I will speak to my local lawyer about how to best approach that - my local CAS office is presently taking over 9 months just to release records. This is causing unnecessary delays to Family court proceedings and ultimately undue stress to separating/separated parents and their children.


As per the Ontario Court of Justice, who would I speak to about that? They have this really bizzare motion process where you have to go before a judge when you file your motion to obtain a motion date (usually few to several months down the road) to actually argue the motion - you don't get to argue the same day as you do at the Superior Court of Justice. In a way it is a "leave" request in disguise - they will not give you a motion date if your motion is not procedure ally correct. I am not sure if that is transparent across all Ontario Court of Justice courts across Ontario. I know that there are unified family court systems in some regions, i.e., Hamilton.

Last edited by trinton; 06-15-2017 at 10:55 AM.
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Old 06-15-2017, 01:52 PM
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my local CAS office is presently taking over 9 months just to release records.
That is unconscionable, speak to the ombudsman about it.

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I am not sure if that is transparent across all Ontario Court of Justice courts across Ontario.
Each courthouse is run depending on how the local administrative judge or trial coordinator decides. There are jurisdictions where an access motion is heard between two bankruptcy motions, because all non-criminal cases share the same motion slots. There are jurisdictions where you can get a motion scheduled any Monday or Wednesday, as long as you serve material 4 days before and file/confirm 2 days before. There are jurisdictions where short motions take 6 months to be scheduled, with all material filed when the date is set, so every motion has material out of date by 6 months.
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Old 06-15-2017, 03:43 PM
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That is unconscionable, speak to the ombudsman about it.
Unfortunately... In Ontario...

https://www.ombudsman.on.ca/Resource...ntario-s-.aspx

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Every year, my office is forced to turn away hundreds of people complaining about children's aid societies. We are powerless to investigate these cases, but we keep a record of them and refer people elsewhere for help if we can.
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Old 06-15-2017, 04:39 PM
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Well that is disheartening.
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Old 06-15-2017, 08:05 PM
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Well that is disheartening.
I went on their website and found a link "how you can help".. sure enough there are volunteer opportunities with one of them being tutoring..Wonder if I would meet the right person to voice these concerns out to while helping children learn, grow and succeed.
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