Attention A-Channel News Windsor et al,
It has been brought to the attention of the Enforcement Branch of the Foster Care Council of Canada that A-Channel News Windsor has contravened section 45 (8) of the Child and Family Services Act, R.S.O. 1990, c. C-11, (the Act) which prohibits any person or corporation from publishing or making public information that has the effect of identifying a child who is the subject of a Child and Family Services Act proceeding, or the child's foster parent.
In an A-Channel News Windsor news story dated December 19, 2007 titled "Order Of Ontario Recipients Named, Leamington couple fostered 65 children" located on the Internet at the following URL ( http://www.achannel.ca/windsor/news_51652.aspx ) a video clearly identifies by name and by visual medium the foster parents of a child who is the subject of a Child and Family Services Act proceeding, and which also clearly identifies the name and visual identity of a child who has recently been placed by the Society in the home of the afore mentioned foster parents.
The publication of this video is clearly a contravention of section 45 (8) of the Act. A person who contravenes section 45 (8) of the Act or a Director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an Offence and on conviction is liable to a fine of up to $10,000 or to imprisonment for a term of not more than three years, or to both.
I strongly suggest to A-Channel News Windsor that this story be removed from your website and that any further references or coverage of this story be done in a way that does not visually or in any other way identify these foster parents or any of the children under their care who have been subjects of a proceeding under the Act.
The relevant provisions of the Act are included as follows:
45.—(8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child's parent or foster parent or a member of the child's family.
85.—(3) A person who contravenes subsection 45(8) (publication of identifying information) or an order prohibiting publication made under clause 45(7)(c) or subsection 45(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.
The Foster Care Council of Canada
12-1160 Meadowlands Drive East
Phone: (613) 228-2178
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