Showing posts with label liable. Show all posts
Showing posts with label liable. Show all posts

Sunday, August 23, 2015

WALKER'S SCATHING INDICTMENT - Part 6 of 6 - Continued … More findings

This is my synopsized prose version of Justice Walker's 140-page judgement presented in several segments that reveal the substance of Walker's overview of evidence that demanded his verdict against the Ministry of Children's Child Protection. No stated opinion or fact appears here that does not also appear in the Justice Walker's ruling (legal document). It is public information
The Ministry failed to carry out its obligations to protect the children from harm and to act in their best interests, yet the fault cannot be attributed to a single Ministry employee.  Rather, many opportunities arose for the Director to conduct a proper assessment and investigation of the reports of sexual abuse. She frequently received evidence and other information and different employees were at fault at different stages for various reasons. What is compellingly obvious is that the Director and her agents formed their opinions prematurely, before the children were interviewed, and so concluded that J.P. fabricated her report information and there really was not merit to her allegations of sexual abuse by the children's father.
Most startling is the fact that until the 64th day of the First Trial, the Director maintained this view that the allegations were groundless and that J.P. was unfit to parent. Then the Director changed her mind. Nevertheless, the Director supported B.G.’s claim for custody of the children and to the detriment of the children, unreasonably preserved that plan until March 29, 2012.
Justice Walker did determine that B.G. sexually abused P.G., the youngest child, at the time that the Director allowed him unsupervised access. The Director has exhibited lack of regard for directions from this court as well as for her obligation to present candid, full disclosure to the Court during the Apprehension Proceeding. The Province is responsible in law to pay for any damages suffered as a result, and is liable for special costs of the first trial.

When finally the children were returned to their mother, the Director thwarted the plaintiffs’ request for funds from another branch of the provincial government that provides compensation to victims of criminal acts. The plaintiffs proved this.