Tuesday, December 15, 2009

Ottawa CAS Requests Resolution Discusssions with Private Prosecutor in Relation to Charges Against Them

The Children's Aid Society of Ottawa and Barbara MacKinnon are once again asking to enter into resolution discussions with citizen private prosecutor, John Dunn, who pressed provincial offence charges against them for contravening section 307 (5) of the Corporations Act (the Act) when the Society failed to furnish a list of their members, and when MacKinnon as the executive director of the Society permitted, allowed, or acquiesced to the offence of the Society failing to furnish a list of their members after receiving a valid request for such in accordance with ss. 307 (1) of the Act.

In 2007, Dunn made a similar request for the Society's members and both the Society, and its executive director failed to furnish the list of their members in contravention of the Act. After fifteen months of resolution discussions, and attempts by the Society's lawyer, Robert C. Morrow to intimidate Dunn from pressing the charges with empty threats of legal action against him under the Solicitors Act, an agreement was reached wherein the Society furnished a list of their members to the Crown in addressed, stamped envelopes and where Dunn provided his letter to the members to the Crown for her to stuff the envelopes and mail them out to the members.

The Society did not want their list of members to be released to Dunn, however they have not yet expressed exactly why, despite the fact that Dunn had already signed an affidavit swearing he would not use the list for any other purpose than that associated with the Corporation (Society) as per ss. 307 (6) of the Act.

The purpose of the first request for a list of the Society's members in February of 2007 was to advocate through the members to amend the Society's by-laws creating a new "class" or group of members which would include all children and youth under the care of the Society giving them a stronger and protected voice to be heard in accordance with article 12 of the United Nations Convention on the Rights of the Child.

All but one of the members of the Children's Aid Society of Ottawa denied children and youth under the Society's care the opportunity to oversee their own agency and to have their voices protected by membership, Roberts Rules of Order, and the Corporations Act.

Since the Society actively withholds the fact that they offer memberships to people in the community as a means of providing public oversight of their actions, decisions and expenditure of Ministry allocated tax-payers money, it is unknown how the existing members of the Society were picked, by whom they were chosen, for what reason they were chosen to become a member, nor the nature of their relationship with the Society, including whether or not they profit from their relations in any way, or whether they are active at all in monitoring the Society's actions and decisions.

Further updates can be quickly scanned by visiting http://fostercarenews.blogspot.com/2009/11/charges-pressed-against-ottawa-cas.html

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