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Criteria for "do not recommend" name submissions into the Registry
In order to provide consistency and fairness to the process of entering a person's name into the Registry, the CRPA has prepared a list of criteria which those entering names into the Registry should use as a guide when registering a name under the "do not recommend" category. These criteria are based on the many injustices that Canadian children and parents have reported being subjected to.
The following circumstances would be considered as being reasonable within community standards for the name of the judge to be entered into the Registry under the “do not recommend” category.
1) Where a judge has refused to allow a party to obtain copies of transcripts of case conferences and settlement conferences when that party was involved in the conference.
2) Where a judge has issued a substantive court order on the issues before the court during a case conference
3) Where a judge switches a court hearing to case conference and continues to discuss matters with the parties in the setting of a conference.
4) Where a judge has refused to allow a self represented party in court to have a personal support person beside them while they represent themselves.
5) Where a judge has ordered members of the media out of the courtroom when the presence of the media has been requested by any of the parties.
6) Where the judge refuses to punish parties who submit false statements into the court record and where action has been requested by the other party.
7) Where it would reasonably appear that court transcripts have been altered or lost.
8) Where a judge refuses to allow a party to unobtrusively electronically record their own court hearing using a hand held portable recording device such as is allowed in Ontario under Section 136(2)(b) of Ontario’s Courts of Justice Act.
9) Where Judges have been observed falling asleep in a courtroom.
10) Where a judge has a pattern of not starting his/her court at the scheduled time.
11) Where a judge appears to be affected by drugs or alcohol.
12) Where a judge has made inappropriate sexual advances towards court staff.
13) Where a judge has heard a matter in court when the judge is in a conflict of interest. A conflict of interest would exist in circumstances where:
a) a judge hears a child protection matter where the judge may have been a former member, board of director , adviser or financial contributor for the same child protection agency which is one of the parties.
b) Where the law firm where the judge used to work is representing one of the parties before the judge in court.
c) Where a judge is known to fraternize in the public sector with any lawyer representing any of the parties. Judges should always appear to be at arm’s length from any of the lawyers before them in court.
d) Where a witness in a trial is a friend or is known in personal circles by the judge.
14) Where a judge has been caught using illegal drugs.
15) Where a judges has been involved with the altering of court transcripts.
16) Where a judge does not have his bio published on the internet listing all of the law firms that he/she has worked since graduation.
17) Where a judge has at any time acted as an advisor or sat on the Board of Directors of a child protection agency and hears court cases where a child protection agency is one of the parties without disclosing this to the parties beforehand and offering to stand down from the case.
The name of any lawyer will be accepted for placement into the Registry under the following criteria:
Those who are entrusted with the professional responsibility of protecting the rights of persons under the law must hold themselves out to higher standards. The following conduct would be considered as being reasonable grounds to place the name of a lawyer in the Registry and to list the name of the person under the category of “DO NOT RECOMMEND”
1) For raising arguments to have members of the media removed from a court hearing when the presence of the media has been requested by any of the parties before the court.
2) For failing to recognize the rights of every person to have a personal support person accompany him/her into a court proceeding by raising arguments to have a party’s personal support person removed from a court hearing or proceeding.
3) For raising additional arguments or for making statements in court before a judge which have not already been submitted and served as part of the written court record.
4) For making statements verbally in the court which related to a person’s personal activities or associations (such as organizations advocating for changes in the court system) in an attempt to put the other party in a bad light before the court.
5) For serving court documents under short service when short service of documents was not warranted and could have been done with more notice.
6) For advising their clients that they are not allowed to take their child protection file home and to review it at their own convenience.
7) For advising their clients that they are not allowed to take copies of their disclosure documents home to review them at their convenience.
8) For making slanderous and defamatory statements about the opposing party without reasonable proof outlined in court documents already served upon the parties.
9) For failing to maintain complete and accurate client records.
10) For engaging in the consuming alcohol or drugs to the point where this has adversely affects a client’s case.
11) For engaging in sexual relations with a clients.
12) For not returning clients phone calls in a reasonable period of time.
13) For refusing to follow the reasonable instructions of their client, including submitting evidence and/or arguments which the clients feels are important in their case.
14) For raising arguments in an Ontario court to prevent a citizen from recording his/her own court hearing in an Ontario Court as permitted under Section 136(2)(b) of Ontario’s courts of Justice Act or in any other Canadian court where recording is permitted by law.
15) For discouraging their client (including children) from personally attending court when the client has expressed their desire to attend all court hearings and conferences.
16) For refusing to allow their clients to electronically record their lawyer/client meetings when the client has specifically requested this.
17) For accepting additional unreported cash monies from clients when the lawyer has already being paid by a government funded legal aid plan.
18) For making an agreement to settle with the opposing party’s lawyer without properly informing his/her client beforehand.
19) For using threats or intimidation in an attempt to get a party to sign a consent agreement.
20) For representing a party without obtaining a written acknowledgement of a conflict of interest if the lawyer used to work for the opposing party to their client. (eg - a lawyer who represents a client against the CAS when the lawyer in the past has represented any CAS agency.
21) For engaging in any activity or transaction which members of the community would consider to be unethical or unprofessional for a member of the legal profession.
22) For not adhering to the basic principle that the lawyer is to only advise their client but ultimately it is the client who instructs the lawyer as to how to handle their case. It is the lawyer’s role to ensure that the client’s wishes are properly presented to the court in accordance to the rules and procedures.
Child protection agency workers
Those who are employed for a child protection agency which is entrusted with the professional responsibility to protect children from harm must hold themselves out to higher standards than the clients they serve as well as to others in the community. The following conduct would be considered as being reasonable grounds to place the name of a child protection agency worker in the Registry and to list the name under the category of “DO NOT RECOMMEND”
1) For engaging in the practice of social work without being registered with the appropriate college of the Province in which they provide social services.
2) For submitting false and misleading statements in court records which they knew was false or ought to have known was false and misleading.
3) For using hearsay in their affidavits before the courts without providing the name of the person where the information was obtained when the source is known.
4) For obtaining an ex-parte court order or apprehension warrant against a parent or child when there was no reason for the parent and/or child not to be given an opportunity to address the court.
5) For bringing police services with them to the home of a parent when there was no reasonable grounds for this.
6) For requesting that police officers conduct a search of a home without a warrant to do so.
7) For going into a school to interview a child without the prior written informed consent of the minor or the minor’s parent.
8) For apprehending a child from his/her school when there were alternative locations where the child could have been apprehended.
9) For taking a minor off school property without the prior written informed consent of the minor, his/her parents or guardians.
10) For prescribing or attempting to prescribe prescription drugs to a minor who is the temporary care of the child protection agency without arranging for the prescribing doctor to consult with the parents first and giving the parents the opportunity to have input to decisions affecting their child regarding use of prescription drugs.
11) For prescribing or attempting to have drugs prescribed to a minor who is the permanent care (ward) of the child protection agency without arranging for the prescribing doctor to consult with the parents first when parents have any form access to the minor.
12) For failing to respond to parents communication in a reasonable time frame.
13) For failing to provide written communication to parents when written communication has been requested by the parents.
14) For failing to communicate via email with parents on routine matters when this has been requested by the parents.
15) Workers who make visits to children’s schools without the prior informed written consent of parents or the children.
16) For advising parents that they cannot take photos of themselves with their child while at supervised access center.
17) For refusing to allow parents or their children to have a trusted third party support person attend meetings between parents and workers.
18) For tarnishing the credibility of parents before the court by providing copies of posts from internet sites which show that the parents are associated with groups or associations which oppose the courts or child protection agencies.
19) For engaging in an sexual activities with a minor who is 18 years of age or younger
20) For exposing a minor in care to sexually explicit materials
21) For allowing minors in care to engage in sex while in a child care facility.
22) For providing cigarettes, drugs or alcohol to a minor in care
23) For placing a child in a school facility operated by an agency caring for minors in care when the minor has the ability and desire to attend regular school with other children in the community.
24) For engaging in, or having intimate knowledge of the sale, storage or use of illegal drugs or weapon at any time their past or current personal life
25) For having knowledge of the sale, storage or use of illegal drugs or weapons by an intimate partner or family member and not reporting this to appropriate authorities.
26) For engaging in covert surveillance activities on parents or children.
27) For telling a minor in care to not be truthful to parents or to other persons.
28) For conducting a physical inspection of any child or infant (should be conducted by doctor).
29) For advising a minor who is in care that he/she cannot call a parent, sibling or other extended family members at reasonable times when the minor in care has expressed a desire to do so.
30) For refuse to provide a former ward his/her records while in care.
31) For being involved in the storage, sale or use of illegal weapons.
32) For refusing to provide a curriculum vitae when requested when an affidavit has been submitted as part of a court action against parents.
33) For refusing to take reasonable corrective measures when it can be reasonably shown that the person or persons were aware that workers under their control had engaged in any of the activities listed. This item would apply to supervisory or management personnel (including members of the Board of Directors) with a child protection agency who may not have been directly involved in the action but were responsible for the actions of the worker involved.
Foster Home and Group Home workers
The following conduct would be considered as being reasonable grounds to place the name of a foster or group home worker in the Registry and to list the name under the category of “DO NOT RECOMMEND”
1) For engaging in any of the criteria listed under child protection agency worker criteria list.
2) For failing to provide food or drinks to children in care in accordance to Canada Food Guidelines
3) Foster parents who show discrimination by treating foster children significantly different from their own children.
4) For using a child’s visits with parents as a punishment for the child in care
5) For not allowing a minor in care call his/her own parents, siblings or family members when no court order against the minor preventing him or her from contacting family members.
6) For intercepting or reading a minor’s personal email and/or Facebook account postings against the minor’s wishes.
7) For listening in on the phone conversations of a child in care when there is no court order to this affect.
8) For providing drugs, cigarettes or alcohol to minors in care.
Teachers and School Officials
Those who are entrusted with the professional responsibility of educating children and teaching children about their rights and freedoms must hold themselves out to the highest standards. The following conduct would be considered as being reasonable grounds to place the name of a teacher or school official in the Registry and to list the name under the category of “DO NOT RECOMMEND”
1) Teachers/school officials who participate in any action which subjects a child to an unlawful search or questioning at school.
2) Teachers/school officials who provide information about a child to child protection workers without a court order or informed consent.
3) School Board officials who have flawed and unlawful school board policies concerning the reporting of child abuse and who refuse to correct their faulty school board policies.
4) Supervisory staff (including Directors of the school board) who have teachers and school officials working under them who engage in any of the above actions.
Police officers and law enforcement officials
Those who are entrusted with the professional responsibility of enforcing the law and protecting the rights and freedoms of Canadians must hold themselves out to the highest standards of professionalism. The following conduct would be considered as being reasonable grounds to place the name of a police officer or law enforcement official in the Registry and to list the name under the category of “DO NOT RECOMMEND”
1) Police officers who unlawfully detain a citizen
2) Police officers who prevent a citizen from entering a courthouse with their person cell phone or recording device
3) Police officers who assist CAS workers to harass and/or to intimidate parents
4) Police officer who abuse their power and authority
5) Police officers who enter homes to conduct inspections of parents home at the request of workers with the children’s aid Society.
6) Police officers who attend school with a child protection worker to speak to a child when there is no reasonable reason for a police officer to attend
7) Police officers who apprehend a minor who is 14 years of age or older without a valid court Order
8) Police officers who harass or intimidate citizens who are engaged in a lawful and peaceful protest.