Monday, February 09, 2009

Sudbury Man's Charges Against Local CAS Quashed

A Sudbury man pressed private provincial offence charges against the local Children's Aid Society and its Executive Director for failing to furnish a list of their members in accordance with section 307 of the Corporations Act, something that is a provincial offence according to the Act.

However, the hearing, instead of being held in a court room, was allegedly held in a special room at City Hall, the Justice of the Peace, after quashing the charges, allegedly threatened to have the man arrested when he asked the justice when his decision would be available for pickup!

John Dunn has personally confirmed with the City of Sudbury's Court Services office that this threat did in fact take place.

The charge against the Executive Director was allegedly quashed because the Executive Director is an employee of the corporation rather than a Board member, and the charge against the corporation was quashed merely because the prosecutor only used the legal Ontario Corporation Number of the Society instead of it's english name on the charging papers. (the Informations)

We are looking further into this case and will compare audio recordings as acquired under section 136 of the Courts of Justice Act with transcripts when they are made available.

It is reported that in attendance at the trial, was the Executive Director of the local Children's Aid Society and the private prosecutors ex-partner, which the private prosecutor assumed were to be witnesses in the case, however if not to be used as witnesses, since they were not asked to leave the room, the question remains, who invited them to this special room hearing and why?

More to come.

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