Walker's SCATHING INDICTMENT - Part 5 of 6 - Trial Two

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

In Trial Two the plaintiffs sought damages based on the tort of misfeasance, alleging intentional and reckless misconduct by the Director and her agents acting in breach of the standard of care as well as fiduciary duty, being motivated by bad faith and malice. The same claim for costs was made at first trial but put over to the second trial. More specifically in Trail Two plaintiffs claimed that the Director and her agents failed to protect the children from B.G.; failed to investigate reports of sexual and physical abuse; wrongfully apprehended the children from their mother; unreasonably held the unjustifiable belief that J.P. was unfit to parent; ignored Court orders; abandoned statutory obligations. The result has been ongoing emotional harm to the children from abuse by B.G. and from being withheld from their mother for two and one-half years. Further, while in the care of the Director the youngest child, P.G. was sexually abused because of the unsupervised access.  

In Justice Walker's Second Trial judgement, for ease of reference, he referred to the Director and her agents as the “Director”. The Director and the Ministry cannot be sued. Therefore, the defendant was the Province of British Columbia since the Province is responsible for the Director and the Ministry. The Province denied any basis for a finding of misfeasance, asserting that the Director fulfilled all common law and statutory duties to the children. B.G. denied all claims against him.  Judge Walker in his ruling certainly disagreed. He determined that the infant plaintiffs established the liability of the Province for negligence and breach of fiduciary duty owed to them. The plaintiffs, including J.P., also proved the misfeasance claim. Judge Walker determined that the Director and certain Ministry social workers acted well outside of their statutory mandate and the duty to protect children and that the nature of their libelous handling of the case varied depending on the individual. It ranged from intentional misconduct, bad faith, reckless disregard for their obligation to protect children, breach of the applicable standard of care to unreasonably supporting the custodial interests of the children’s father even if it meant he sexually abused them.

Walker's SCATHING INDICTMENT - Part 2 of 6 - Closed Minds

Walker's SCATHING INDICTMENT - Part 2 of 6 - Closed Minds

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.

Mr. Strickland believed J.P. was acting maliciously toward B.G. Mr. Strickland shared these biases with his staff because he believed there was no merit to J.P.'s report that B.G. had sexually abused P.G., and consequently Strickland did not conduct an assessment of J.P.'s report, disregarding the standard of care and applicable legislation. Mr. Strickland's conduct adversely affected the case social workers and furthermore, as a result, the Director (she) did not assess the report of possible sexual abuse as required by her governing statute and the standard of care, nor did she investigate.

In mid December 2009, early in the VPD investigation of sexual abuse of P.G., her mother J.P. disclosed to both the Director and Mr. Strickland that her three children were all divulging that their father had sexually abused them and she was asking the Director and Strickland for help. The children spoke of sexual touching, digital touching of genitalia and the anus, oral copulation and partial penile penetration by their father. B.G. denied all of the allegations and the Director did not investigate these reports in the manner that the standard of care commands.

 Without suitable investigation of the children's disclosures, Mr. Strickland and other social workers marginalized this supportive evidence of the sexual abuse allegations, believing them to be fabricated, and that the children had been coached, and that J.P.'s relentless efforts to prove these abuses were indications of her mental instability. Subsequently, the Director did not carry out an assessment and investigation of the children's claims, and further concluded that J.P. was unable to parent the children. 

Walker's SCATHING INDICTMENT - Part 1 of 6 - Strickland and Tymkow

JUSTICE WALKER'S OVERVIEW OF THE CASE, LEADING TO HIS SCATHING 2015 RULING AGAINST THE MINISTRY OF CHILDREN

My synopsized version of Justice Walker's 140-page judgement presents the substance of his overview of evidence that necessitated his ruling against the Ministry of Children's Child Protection. I present it in a prose style, in several segments. No stated opinion or fact appears here that was not in Justice Walker's ruling all of which has been made public.

Justice Paul Walker heard and ruled upon two cases between JP and BG. The plaintiffs in both cases were JP and her four children.  JP is the mother whose four children were sexually abused by BG, their father, her estranged husband. In the first case JP sought custody of her children as well as confirmation that BG was an abuser who should no longer have access to the children, and further that the Ministry was dead wrong in its assessment of both mother and father and had made a outrageous error in judging JP to be mentally unstable and placed children in BG's care. 

This second court case, J.P.'s lawsuit against the Ministry, began April 8, 2013 and ended July 3, 2015 with the published ruling by Judge Paul Walker on July 14, 2015.

Walker's SCATHING INDICTMENT - Part 1 of 6 - Strickland and Tymkow

The Director of Child Protection (CP) acted egregiously to the children's reports that their father sexually abused them.  The Director and her agents failed to assess and to investigate the children's claims and then imprudently apprehended the children and also granted the father unsupervised access to the children. The Director held an inflexible but unproven belief that JP had mental health issues and was unfit to parent and that BG was the most capable parent.  

B.G. was arrested and removed from the family home in October 2009 for assaulting both JP and her eldest daughter K.G. (then 5 years old), and on a charge of the uttering death threats against J.P. She immediately sought divorce and sole guardianship and custody. A restraining order was issued that prohibited B.G. from having direct or indirect contact with any of the plaintiffs. Investigative social worker Jeff Tymkow reported to the Director that K.G. had not been assaulted by B.G. Further, B.G. told Tymkow that P.J. suffered from mental health problems that Tymkow determined were not then a protection concern to the children.

Mr. William Strickland was investigative team leader responsible for assessing potential harm to children. He and Mr. Tymkow signed a letter at B.G.'s request that purported to clear B.G. of physical abuse of K.G. B.G. then used this against J.P. in court. J.P. confronted Mr. Strickland, accusing him of acting inappropriately and she also voiced her concern that B.G. may have sexually assaulted the youngest child, who was one year old at that time. Strickland apologized and assured her that he would send a written retraction and that the Director of MCFD would conduct an investigation into J.P.'s concerns about potential abuse of her children.  However, Strickland discouraged Vancouver Police Department (VPD) from taking J.P.'s claims seriously, suggesting to police that she was unstable and selfishly motivated.  Mr. Strickland's conduct adversely affected the police investigation.

JUDGE WALKER'S DECISION AGAINST THE MINISTRY OF CHILDREN MAKES THE NEWS.

News sources jumped on this story that Judge Paul Walker ruled that the Ministry failed to protect children from sexual abuse by their father, despite the report and testimony of their mother whom they chose not to believe. Judge Walker ruled in her favour. She then sued the Ministry and this past week, July 14, 2015 Judge Walker again ruled in her favour and has shamed Ministry personnel in his scathing denunciation of their work. Here are sources you can review.

Justice Walker's Scathing Judgement of MCFD's Abuse of Authority - CBC

Justice Paul Walker labelled the failure as 'egregious,’ negligent and a breach of duty ... Tuesday,

Judge slams B.C. child welfare officials - Van Sun, Ian Mulgrew

Justice Paul Walker issued a biting decision against MCFD in an horrendous case that the Sun revealed two years ago.

Justice Walker Sides with Mother against MCFD - CKNW AM980

NDP demands answers from the government about its Child Ministry's failure to protect children from an abusive father, refusing to believe their mother's allegation against him.

Father Molested His Children while they were under BC Care - Global News

Justice Paul Walker delivered a scathing ruling in favour of a mother who sued the province for refusing to investigate her kids' reports ...

This Father molested children under B.C.'s care: - Metro

B.C. Supreme Court Justice Paul Walker ruled the father sexually abused his children and he says the province acted recklessly.

Social workers failed abused children - PressReader

Supreme Court Justice Paul Walker rules in favour of a mother who sued the province for refusing to investigate her children's reports.

BC failed to protect children sexually abused by father - CTV News 

Justice Walker's scathing ruling in favour of a mother who sued the province after the Children's Ministry failed to believe her allegations that the father was abusing the children.

BC Children's Ministry Allowed Father To Molest His Kids While in Care - Huffington Post

5 days ago - B.C. Supreme Court Justice Paul Walker has delivered a scathing ruling in favour of a mother who sued the province for refusing to investigate her kids' reports ...

Watchdog has 'No Confidence' in B.C. Ministry's Ability to do Self-Assessment - Globe and Mail

Justice Paul Walker said in a written decision released Tuesday that the ministry showed “reckless disregard” when it falsely accused a mother of being mentally.