CHILD PROTECTION LAW – LSS Campbell River Community Workshop 2014

I’m not sure I like where the Legal Services Society is going based on the graphics and statistics below. Denied Legal Aid get a court appointed lawyer (pac2014). Click here or on the pdf file to read the full document or an excerpt below.




524 pac 2014


‘Living death’: Study suggests having kids in foster care bad for mothers

Wow! I had no idea the numbers were this high and growing steadily based on this report which states “In 2013, there were an estimated 62,428 children in out-of-home care across Canada (Jones, Sinha, & Trocmé, 2015).” Click here to read the full article or an excerpt below or here for the graphic.

Rates of Children and Youth in Out-of-Home Care Canada

A new study out of the University of Manitoba shows kids are not the only ones affected by the child welfare system — mothers of children who have been taken into foster care see a significant deterioration in their health and social situation after apprehension.

The study, published in the Journal of Epidemiology and Community Health, looked at the health records and other data of mothers whose first child was born in Manitoba between April 1998 and March 2011. Half of the mothers, just shy of 1,600 women, had their child taken into care after the age of two while the children of the other group of women remained in their care.

The results found the rates of mental illness diagnoses, treatment use, and social factors were “significantly higher” for the mothers whose children were taken into foster care, says Elizabeth Wall-Wieler, a doctoral candidate with the Manitoba Centre for Health Policy who conducted the study along with colleagues with the U of M.

“Research has shown that the children often suffer and we see much higher rates of suicide attempts and suicides among children… but now we also know this has really bad consequences for mothers,” she said.

For the mothers who had their kids taken away, the researchers compared their rates of mental illness, treatment use, residential mobility, and welfare use in the two years before their child was born, with the rates they suffered afterwards.

They found a 19 per cent increase in depression, a 36 per cent increase anxiety, and a 97 per cent increase in substance use disorder. Doctor visits increased by six per cent, visits to a doctor for a specific mental illness jumped by 51 per cent, and prescription drug use also climbed 42 per cent.

“We saw that in the two years leading up to the child being taken into care, these mothers had much higher rates of mental illness, treatment use, and social instability, but in the two years after, their mental health deteriorated much more and they used much more treatments,” explained Wall-Wieler. “It’s indicating that having a child taken into care can actually have a really detrimental effect for her health and wellbeing.”

Barrier to reunification?

Wall-Wieler says previous research has shown the things the U of M researchers looked at — mental illness, substance abuse, and poverty — are the very issues that often keep mothers being able to get their children back after apprehension.

“Our research shows that the simple act of having a child taken into care can actually worsen these outcomes,” she said. “And so without the supports to try and prevent mother’s health from deteriorating, the stress of having a child taken into care can itself become a barrier in being able to be reunified with her child.”

While researchers didn’t interview the mothers directly for this study, other studies have, and Wall-Wieler says those women have described having a child apprehended as a “living death”.

“They no longer have control over how they’re able to interact with their child, but there is also no closure,” she said. “This ambiguous state can actually have very bad consequences for mental health.”

Wall-Wieler says the new research “adds another layer to some of the damaging effects of child apprehension” and she’s hopeful it may eventually help lead to changes in how the system works.

“A lot of neglect is actually due to poverty, and so I think that providing families with more financial support could help, but also providing mothers and families with more mental health supports if there is instability — that would prevent some children from being taken into care,” she said. “I think we need to provide more support for families to prevent children from going into care in the first place.”

The issue is particularly relevant in Manitoba, which has one of the highest rates of child welfare in Canada, with a disproportionate number being from Indigenous families.

Indigenous Services Minister Jane Philpott said last month that in Manitoba, there are a total of 11,000 children in care and 10,000 are Indigenous children.

“This is very much reminiscent of the residential school system where children are being scooped up from their homes, taken away from their family and we will pay the price for this for generations to come,” she said.




Family Law Act Overview – First Nations – Division of Family Home

First Nation individuals have laws protecting the division of assets but other BC citizens do not. I know because I lost everything. I haven`t included everything in the excerpt below so please read the full document for more information. Click here to read the full document or an excerpt below.

To dispose of or encumber
the family home
S. 15-
• Spouse or common-law partner must obtain both the:
• free
• informed

consent of their spouse or common-law partner in
writing to dispose or encumber the family home.
• A spouse that wishes to dispose of or encumber the
family home has the burden of proving they obtained the
required consent as set out above.

If consent not properly obtained
• Court may set aside the transaction
• May not be set aside if third party acquired it
for value and acted in good faith.

Family Law Act Overview – MCFD Breach of Law, Denied respondent due process and procedural fairness and rights

Click here to read the full document or an excerpt below.


In MLJ v RDJ 2013 BCDC 1358
• In this case, the Mother withheld access to Dad, breaching a court order. She was advised to do so, at the request of MCFD, who were investigating a protection report. MCFD did not take any steps under the CFCSA to remove or supervise the children (or under the FLA), but directed mom to deny dad access.
• A s211 report was completed 4 months later, and eventually MCFD agreed that the children should go back to the regular schedule with dad.
• Dad then sought costs against MCFD and mom, for him having to enforce the order. The Court criticized MCFD and said
• [28] In the case before me, there were two parents entitled to custody, both the respondent and the claimant. The MCFD took no formal action and thereby denying the respondent due process. With no authority, it removed the child from his care. The director counseled the claimant to breach a court order and provided no legal framework for the respondent to challenge its actions. To paraphrase an excerpt in Black’s Law Dictionary, fifth edition, at p. 449, due process of the law provides notice to a person and an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. The respondent was denied this basic procedural fairness.

[30] I find nothing in my review of the CFCSA that gives the director the
power to limit contact between a parent and child without removing the
child and initiating protection proceeds. The CFCSA does provide
jurisdiction for the director to apply for leave to intervene in a proceeding
under the Family Law Act in the Supreme Court under s. 97.1 of the CFCSA,
but this was not done.
• Intervention in Family Law Act proceedings
• 97.1 A director may apply under section 204 (2) of the Family Law Act to
the court, as defined in that Act, for leave to intervene in a proceeding
under that Act if the director considers it is in the best interests of a child to
do so.
• In other words: MCFD cannot be intervening or “directing” parents to
breach a current family law order without taking action under the CFCSA
or FLA. To do so denies the other parent their procedural rights.
• This is a common problem that other parent’s counsel report. This is the
first cited case I have seen on this issue.


Rideau Canal’s downtown stretch declared contaminated site

Click here or on the pdf file to read the full article about Ottawa.


Click here to see an interactive map identifying hot spots around the world.

“Observational evidence from all continents and most oceans shows that many natural systems are being affected by regional climate changes, particularly temperature increases.” –Intergovernmental Panel on Climate Change (IPCC), 2007

Explore the signs of global warming on this map or Google Earth. The evidence of climate change includes heat waves, sea-level rise, flooding, melting glaciers, earlier spring arrival, coral reef bleaching, and the spread of disease.

The greatest concentration of global warming indicators on the map is in North America and Europe because that is where most scientific investigation has been done to date. As scientists focus increasingly on fingerprints of global warming in other regions—from Russia to Antarctica and Oceania to South America—the evidence they find will be added to the map.

Scientists project that unless emissions of heat-trapping gases are brought undercontrol, the impacts of climate change are likely to increase.