Monday, January 18, 2010

Council Makes Resolution Offer to CAS in Charges

The following letter was sent to the CAS and Barbara MacKinnon's Counsel as an offer after they requested we enter into resolution discussions:


Burke-Robertson Barristers & Solicitors
Counsel for the Children's Aid Society of Ottawa and Barbara MacKinnon

(Name of CAS Counsel removed by request)

Judith Dunne, Program Manager of the Eastern Regional Office of the Ministry of Children and Youth Services informed me (John Dunn) of the fact that the Ministry will not investigate the Children's Aid Society of Ottawa and its executive director, Barbara MacKinnon for violating section 15 (3)(g) of the Child and Family Services Act, and section 22 of the Annual Service Agreement between the Society and the Ministry for receiving Ministry allocated transfer payments which all require the Society to comply with any and all applicable statutes, including the Corporations Act they are charged under, unless I get a conviction.

Since it is in the public interest that the Society and its staff comply with the agreements and legislation they are subject to, and that they be held accountable to the public for violating such statutes and agreements, and at the request of the Society to enter into resolution discussions, I am offering the following as a resolution:

1. I will continue to pursue the charges and allow a Justice of the Peace to determine if the Society and its executive director should be convicted of the offences charged.

2. After a conviction has been entered, I will then make a joint submission to the Justice of the Peace on sentencing, as agreed to by the accused, that we agree to reduce or eliminate the applicable fines in exchange for the Society furnishing the list as required by law.


Sincerely
John Dunn
Executive Director
The Foster Care Council of Canada
613-220-1039
http://www.afterfostercare.ca

1 comment:

  1. Donald J. LesterMonday, January 18, 2010

    "the Ministry will not investigate the Children's Aid Society of Ottawa and its executive director, Barbara MacKinnon for violating violating section 15 (3)(g) of the Child and Family Services Act, and section 22 of the Annual Service Agreement between the Society and the Ministry for receiving Ministry allocated transfer payments which all require the Society to comply with any and all applicable statutes, including the Corporations Act they are charged under"

    The fact that the Ministry knowing that,
    "section 15 (3)(g) of the Child and Family Services Act, and section 22"
    Has been violated such should make the Ministry culpable for failing to supervise and direct the CAS. Accordingly the Ministry should be held liable for failing to do their fiduciary duty under the responsibilities of Minister for this portfolio. The PM has a responsible to direct the Ministry to do so and the Minister responsible failing should be fired form said portfolio and replaced with someone competent.

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