Tuesday, July 31, 2007

Council Looks Into Malone Death

The Foster Care Council of Canada is going to look into the death of Jim Malone by making a freedom of information request for the officers notes who attended the day Mr. Malone drove his truck into the building and died.

August 01, 2007: We have contacted the officer who was on scene the day of the incident and are attempting to obtain more information.


His first response to me was

"I was the officer in charge of the case , privacy laws prohibit me from releasing any information. You may be able to make a FOI request for the report .

Good Luck
"


His second response was...

"The request would be made to the Windsor Police Servcie , and for a number of reasons , I will not discuss the case .."


I then wrote this to the Windsor Police Service

"I would like to make a FIPPA or MFIPPA request for officers notepads or any other documents or records of any officers who worked on the case of Jim Malone who drove his truck into the Children's Aid Society Building in October of 2004.

I am specifically seeking information pertaining to the Suicide note that Mr Malone wrote prior to his driving his truck into the Children's Aid Society building.

At the time, Windsor Police Officer Gerald Corriveau was in charge of the case.

Could you please inform me of how I would do this and what wording I would use?

For example, do I ask for Officers notepads or notes or notebooks?
What other reports or documents could I ask for by name which might refer to a suicide note which could have been found at the scene or at his home?
"

I was responded to with the following instruction for making the request which anyone can do if they are interested


THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT


RE: NOTICE OF APPLICATION FEE


Be advised, you must make an application pursuant to the Municipal Freedom of Information and Protection of Privacy Act for the records you have requested.

Pursuant to section 17(1)(c) and section 5.3(1) of the Regulation 823 of the Act, an application fee of $5.00 is to be paid upon submission of each request. Please re-submit your written letter of request with the appropriate fee to my attention. Your cheque or money order should be made payable to the Windsor Police Service.

An additional fee may apply to the records requested. Notification of any further fees assessed will be sent upon review of the records. A receipt for all fees paid will be issued with the final response letter.

Pursuant to section 19 of the Act, this police service has 30 days to prepare the records for release and issue a decision letter. Please note that your name may be subject to release to any person who is affected by your request. All individuals other than yourself whose personal information may be contained in the relevant records may be contacted to seek consent to release their personal information to you. This information will not be released without the consent of the affected individual.

If a decision is made to contact other individuals, section 21(7) allows the institution an additional 30 days to make a final decision once the 3rd party individual has been contacted. In effect, you should know that your request could possibly take up to 60 days in total to process.

Any further questions regarding the access process or the Municipal Freedom of Information and Protection of Privacy Act in general may be directed to me at (519) 255-6700 extension 4145.

Yours truly,


Susan Gagnon, Co-ordinator,
Information and Privacy Unit.
Windsor Police Service

Monday, July 30, 2007

Catholic Children's Aid Society Commits Offence

On Tuesday, June 24, 2007, the Catholic Children's Aid Society of Toronto (CCAS) received an in-person, hand delivered request from John Dunn for a list of the members of the Society in accordance with section 307 (1) of the Corporations Act, R.S.O. 1990, c. C-38, as amended, so that he can communicate with them for purposes connected with the Society.

The executive Assistant, Andrea Mills accepted the delivery in person at the reception area of the CCAS and informed Dunn that the Executive Director was ill and would not be able to act immediately upon the request.

Dunn was later called by the Society stating that they have received the request and that McConville is now looking at the request and will get back to me.

The 10 Day expiry date has passed and the Society is currently in a position of contravening section 307 (5) of the Act but Dunn is giving them time to respond to his request.

More updates to follow.

Sunday, July 29, 2007

Ottawa CAS Commits Count 1 of Offence

The Children's Aid Society of Ottawa has committed the Offence of contravening section 307 (5) of the Corporations Act, R.S.O. 1990, c. C.38 by not furnishing a list of the Society's members upon application in accordance with section 307 (1) of the Act. (documents)

If convicted of the Offence, the corporation could be fined up to 1,000.00. The Society's Barbara MacKinnon (Executive Director) and Board of Directors members, Brian McKee (President), Rick O'Connor (Vice President), Merv Sabey (Treasurer / Secretary), Lucya Spencer (Past President), and Karen Green (Executive Board Member) have -- in the same transaction -- also committed the Offence of authorizing, permitting or acquiescing to the Offence of failing to furnish a list of the members of the Society, contrary to section 307 (5) of the Act and if convicted, can also be held liable to paying a fine of up to 1,000.00 each.

The Board members retained the legal services of Robert C. Morrow of Burke-Robertson Barristers & Solicitors of Ottawa -- using taxpayers dollars -- to assist them in committing these Offences.

Subsequently, a complaint has been filed under Rule 2.02 (5.1 & 5.2) of the Rules of Professional Conduct with the Law Society of Upper Canada against an externally retained Lawyer, Robert C. Morrow of Burke-Robertson Barristers & Solicitors of Ottawa.

Similar complaints are being considered for the Society's Rick O'Connor, (also a lawyer employed by the City of Ottawa) for his involvement in the committing of these Offences. It has not yet been decided if prosecution will follow.

It is still hoped that the matter will be resolved, dispite several failed attempts to meet and discuss the matter by the applicant. The deadline to take legal action is August 14, 2007.

MINISTRY OF GOVERNMENT SERVICES AVOIDS RESPONSIBILITY TO OVERSEE CORPORATIONS ACT

Ottawa, ON, May 18, 2007:The Ministry of Government Services has the responsibility to oversee and enforce compliance with the Corporations Act, yet it failed to do so with regard to the Ottawa CAS contravening section 307 (5) of the Act. In response, a complaint was launched with the Ombudsman and the outcome is currently pending.

CHARTER CHALLENGE AGAINST OPEN RECORDS

Toronto, ON, June - 25, 26, 27, 2007: Wendy Rowney from the Coalition for Open Records (COAR). Three adoptees and one natural father have launched a constitutional challenge against the Ontario (Canada) Goverment claiming privacy rights will be violated with the legislative passing of The Adoption Disclosure Act (2005), (aka Bill 183) set to unseal original birth registrations for adoptees and amended birth certificates for mothers beginning September 2007. The judge has reserved judgement until some time before August 30, 2007. ( listen )

STOLEN - A NEW, NON-FICTION BOOK ON CHILD WELFARE AND ADOPTION IN ONTARIO

"STOLEN" - A NEW, NON-FICTION BOOK ON CHILD WELFARE AND ADOPTION IN ONTARIOOntario, 2007: Read about this recently published, non-fiction book on Child Welfare and Adoption in Ontario, by author 3rd Generation CAS Ward and Natural Mother, Erika Klein ( here )