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16 Jul

Rare Win for Protective Mom: First Time in Canadian History!
Scathing Judgment: SS Failure to Protect Kids “Egregious”
Mother Wrongly Labeled Crazy To Be Compensated Millions
“This is the very first case in Canadian history where a mother has succeeded in holding a child protection agency liable for misfeasance in public office.
…When mom was frantically trying to convince the ministry that the sexual abuse allegations were real, they basically labelled her as crazy. And the more she protested, the more she was labelled as being crazy.
The starting point is to believe children … If children are disclosing, they have a right to be heard.”
– Jack Hittrich, Attorney for Mother
CBC News Interview with Jack Hittrich:
http://www.cbc.ca/player/News/Raw+Video/ID/2421090267/
In a scathing 341-page judgement released Tuesday, Justice Paul Walker labelled the failure as ‘egregious,’ negligent and a breach of duty and said some social workers showed a “reckless disregard for their obligation to protect children.”
The mother’s lawyer, Jack Hittrich, says the case could result in a payout of millions of dollars in damages and legal costs to the children and the mother. He says the mother was valiantly trying to get the B.C. Ministry of Children and Family Development to acknowledge and act on evidence that the father had physically and sexually abused at least three of the couple’s four children.
The mother, who can only be identified as JP, was disbelieved and rebuffed and also wrongfully labelled as unstable by authorities, said Hittrich.
‘Baseless attempt to discredit mother’
In his 2012 ruling, Justice Walker deemed the father’s allegations “a baseless attempt to discredit her.”
He also said the investigating Vancouver police officer wrongly sided against the mother in determining there was no basis for the sexual abuse allegations. He added the officer appeared “enamoured” with the father.
In Tuesday’s ruling the judge found the province was negligent and breached its fiduciary duty to the mother and the children, and misfeasance was proven.
“I have determined that the director and certain ministry social workers acted well outside of their statutory mandate and the duty to protect children,” he wrote.
The wrongful conduct “ranges from intentional misconduct, bad faith, reckless disregard for their obligation to protect children … to unreasonably supporting the … the children’s father even if it meant he sexually abused them,” he wrote.
‘Herculean efforts’ of the mother
“If it were not for the Herculean efforts of [the mother], the children would now, through the fault of the director of children and families, be in the custody of their father who sexually and physically abused them,” Walker said.
Justice Walker found that because ministry employees had acted in bad faith, immunity from liability under the Child, Family and Community Service Act does not apply.
…Ministry employees “approached the case … with a closed mind, having concluded at a very early stage, before the children were interviewed that there was no merit to the sexual abuse allegations, and that JP had fabricated them and had coached her children to make their disclosures,” he wrote.
Excerpts from:
Ministry abused authority in case of B.C. father sexually abusing his children: judge
http://www.cbc.ca/…/ministry-abused-authority-in-case-of-b-…

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Posted by on July 16, 2015 in Uncategorized

 

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