Monday, September 28, 2009

Tuesday Sep 29, 5:30 - 8pm - Potential 45 (8) Violation - Hilton Toronto 145 Richmond Street, Toronto, Ontario

The Children's Aid Foundation is at risk of violating section 45 (8) of the Child and Family Services Act which states the following:

Prohibition: identifying child

(8)No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.


Children and youth in care are the subjects of child welfare proceedings therefore the Hotel, the Children's Aid Foundation, the attending media, and anyone else in attendance is prevented from publishing or making public information which has the effect of identifying the youth in care and their foster parents.

Section 85 (3) of the Child and Family Services Act outlines the offence of contravening 45 (8) and the possible consequences of such a breach of the Act.

85 (3) states that "A person who contravenes subsection 45 (8) or 76 (11) (publication of identifying information) or an order prohibiting publication made under clause 45 (7) (c) or subsection 45 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both. R.S.O. 1990, c. C.11, s. 85 (2, 3)."

Details of the event are as follows:


What: Children's Aid Foundation's 11th annual Recognition Night and
Award Ceremony

Who: Corporate leaders and youth in care of the Children's Aid
Society. Also in attendance is Lieutenant Governor of Ontario,
The Honourable David C. Onley.

Where: Hilton Toronto, 145 Richmond Street West, Toronto, ON M5H 2L2

When: Tuesday, September 29, 2009
5:30 - 6:30 Interview opportunities with Peter Lee, chairman,
Children's Aid Foundation's Board of Directors; Ann Barnard
Ball, executive director, Children's Aid Foundation; RONA
president and chief executive officer, Robert Dutton will be
available upon request.

7:00 Award ceremony and scholarship presentations begin.

Why: To award scholarships to our dedicated and determined youth
from the Children's Aid Society and also to recognize the
amazing contributions of our corporate partners in supporting
our children and youth.

2 comments:

  1. This is a tricky issue. How do you pay your respects to those CIC who rise above their challenges and refuse to let their history govern their future and grant them their privacy?

    In Muskoka we have created bursaries for kids who want to go on to get further education.

    It is the honourable thing to do.

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  2. I understand what you are saying. Personally I think the section 45 (8) in the CFSA should be modified to allow youth in care and their families to "opt out" or to sign waivers as per the regulations (not in existence yet) so that they can have the choice of whether to allow someone to publish their names and pics etc. Currently the section is used against families and youth in care by the agencies and usually only to protect the agencies from media attention on negative issues.

    In other words, currently if a child in care wanted to report abuse in care to the paper, or any other issues, they are not allowed to be identified and the newspapers fear legal action from the Societies as this is a common threat to the media.

    The section should be modified to allow those "protected" by the provision to "opt out" of the offence by signing a form or a release of information letter to anyone wishing to publish such information.

    I have seen, as you said, youth who wish to tell the world of their accomplishments have their names changed in articles about them simply because of 45 (8) and it's lack of opt-out for youth in care.

    It could simply be modified to add on "unless otherwise indicated by the child who is the subject of a proceeding under this part" and a form to be included in the Regulations for ease of use by media and others.

    Thank you for your comment, as it is very important to become involved in discussions regarding these important issues.

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