This page demonstrates the links and comparisons between the MCFD/Family Court System and the Criminal Justice and Provincial Court System and in particular the investigation practices.
Connections with the Police and Criminal Justice System
1. Many parents are suspected by MCFD of abuse of children but investigation by the police finds no reasonable grounds for continuing the investigation. However MCFD still treats the parent as if he or she is guilty of an alleged offence or minimally of being an unsafe parent and therefore subjects the parent to supervised access and other limitations which are tantamount to a sentence without trial.
2. Some parents are actually charged with an offence such as assault on a child but charges are subsequently dropped or if tried, are acquitted in the Provincial Court. In such cases, MCFD may still treat the parents as guilty or unsafe and continue to malign their character and competency in Custody/Care Court hearings. Every avenue is pursued by MCFD to prevent a previously acquitted parent from securing the return of a child.
Comparisons between the two Court systems
Both Criminal and Provincial/MCFD/Family Courts have an adversarial approach in that the frequently displayed primary motive is to win the case. Upholding truth and justice appears to be of secondary importance. It might be said that justice is a power game to be won or lost. The objective seems not the discovery of the truth but rather to case win. However, in the absence of truth there is no justice.
1. The Criminal Court, while adversarial, is typically open to the public and media to insure that justice is witnessed and affected, whereas the MCFD/Provincial/Family Court is often concealed.
2. The MCFD/Family Court system tends to be far less accountable than the Criminal Court, having a pervasive secrecy and privacy which tends to conceal practices which may be unprofessional. The MCFD/Provincial Court while technically open, permits few non-family supporters to attend defended hearings and the media is typically excluded. 3. In the Criminal Court a conviction must meet the burden of proof which is guilt beyond reasonable doubt while in the MCFD/Family Court a ruling is determined on the balance of probabilities which is a much lower standard.
4. The 'Child, Family and Community Services Act' for the sake of child protection, allows procedures and actions by social workers and police which would be fundamental breaches of human rights if conducted for any other purposes. Parental rights and responsibilities and children’s needs and wishes are often frequently disregarded when a child has not been harmed but is considered likely to be at risk and therefore is removed, often with force (police). Stated another way, freedom to live as a family unit has been destroyed when no parent has actually committed any crime.
