Thursday, July 02, 2009

Ottawa CAS Positions to Commit Offence

The Ottawa CAS has already retained the external legal services of Robert C. Morrow of Burke-Robertson Barristers & Solicitors for what appears to be the purpose of having him assist them to commit the Offence of failing to furnish a list of their members in violation of section 307 (5) of the Corporations Act, R.S.O. 1990, c. C-38.

The request for a list of the Society's members was submitted on June 25, 2009. The law requires the Society to furnish a list of their members as required within 10 days. It is an Offence for them not to.

The letter of response from the Society clearly states that on behalf of Barbara MacKinnon, the Executive Director of the Society that they do not intend to furnish the list of their members as required by law nor do they intend to distribute the letter to their Board of Directors.

The letter reads as follows:

"Please be advised that the Society will not provide you with a list of the members, nor will the request be circulated to the members of the Board of Directors."

The letter continues with the following:

"Your request is a transparent, improper attempt at retaliation for the Society having previously refused your application for membership; and is an abuse of process."

The Society is also attempting to confuse the matter by providing false information about the resolution agreement of the previous request for a list of their members in 2007/08. In that resolution agreement, I clearly agreed not to prosecute the Society under section 307 (5) in relation to the particular purpose I requested the list last time, which was to seek a by-law change that would make kids in care automatic members of the Society.

In their current rejection letter, they are attempting to say that I agreed to never prosecute them under section 307 (5) for any issue. This is not true. I made it quite clear to the mediating Crown and to the defence counsel that I would not agree to never prosecute them again as part of the resolution. I clearly kept that option open and this is where they appear to want to muddy the waters and play in the gray area by possibly confusing the justice who will hear the case.

You can read a copy of my current 2009 request, and their full denial letter on-line at
http://2009request.wetpaint.com/page/Attachments


As of 9:00am Monday July 06, 2009, the Society will have failed to furnish a list of their members as required, which is an Offence.

(Click Here) for further details on the original request.

The following letter was sent to City Hall Councilors of Ottawa.

Dear City Councilors,

As Councilors who represent citizen's in Ottawa, I wanted to inform you of a matter which I would hope would be of concern to each of you regarding the fact that an organization in the City of Ottawa of which Rick O'Connor, City Solicitor and acting Clerk happens to be President of has stated in writing that they intend to commit a provincial offence by failing to furnish a list of their members as required under section 307 (5) of the Corporations Act. R.S.O. 1990 c. c-38.

As some of you might recall, in February of 2007, I requested a list of the Society's members (all members not just members of the Board of Directors) so that I could write to them to have them request from their Board of Directors that a meeting be called to vote on kids in care getting stronger voices concerning the services they receive by having a new class of non-voting member created for all foster kids. The Society chose to refuse the list of their members, therefore committing the offence under 307 (5) of the Act. I pressed private charges and pursued private prosecution until we resolved the matter after fourteen months of discussions between their lawyer and myself. We agreed to have my letter to the members sent to the mediating Crown, who then received the Societies member list and mailed the letters out for me. This agreement was made in exchange for me dropping the charge against the Executive Director, Barbara MacKinnon and staying the charge against the Society.

Again, in 2009, I have requested a list of the members for a different issue. This time, I wish to send a letter to the entire membership to have them requisition their Board of Directors to call a meeting for the purpose of voting on a different by-law change which would allow all former wards of the Ottawa Society to become members of the Society, even if they live outside of the City itself. People who lived under the care of the Society today as adults, even if they live just outside of Ottawa are not allowed to become members of the Society that made life altering decisions about their lives as children now that they are adults who might have some input on how they do things.

For this reason I have requested the list again, two years later. However, the Society has yet again hired an external lawyer to write a letter to me stating that they intend to commit the offence of failing to furnish a list of their members, and have even gone so far as to say they will not even distribute the letter to Rick O'Connor, or any of the Board members who will possibly have legal ramifications brought upon them as they are ulitimately responsible for the actions of the Society. I have sent a copy of the request to Rick O'Connor so that he is aware, unfortunately I am unable to send a copy to the other Board members as their contact information is not readily available.

Last time around I received a letter from Barbara MacKinnon stating that the receptionist was wrong in not letting me deliver to the Board members and that they have made corrections. Now she has chosen not to distribute the letter to them.

I encourage you to contact your City Clerk and City Solicitor, Rick O'Conner to ask him to do what ever is necessary to prevent the Ottawa Children's Aid Society from committing the offence of violating section 307 (5) of the Corporations Act.

The offence will officially have taken place by Monday, July 06, 2009. I would not want to see the Society involved yet again in an illegal activity. Especially one which is headed by the City Clerk and Solicitor, Rick O'Connor.

You can see the relevant documents at http://2009request.wetpaint.com/page/Attachments

You can also see the Blog Posting regarding this matter at the Foster Care Council of Canada's News Blog at

http://fostercarenews.blogspot.com/2009/07/ottawa-cas-positions-to-commit-offence.html




Sincerely
John Dunn
Executive Director
The Foster Care Council of Canada
http://www.afterfostercare.ca

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