CAS Charges Resolved

NOTE: Documents linked at end (.doc and .pdf formats)
NOTE 2: THIS MATTER HAS BEEN RESOLVED AS OF OCTOBER 8, 2008 AS STATED BELOW

EARLY NOTICE OF RESOLUTION
The charges against the Children's Aid Society of Ottawa and their Executive Director are set to go to Trial on WED OCT 08, 2008. However, after fifteen months of resolution discussions between Dunn and the Society's legal Counsel an agreement appears to have been reached which when finalized will result in the charge against Barbara MacKinnon as Executive Director of the Society being withdrawn (dropped) and the charge against Ontario Corporation 37637 (The Children's Aid Society of Ottawa) being "stayed" only to be reinstated at the Crown's discretion should any party breach the terms of the agreement within the 12 month period following the stay of the charges.

BACKGROUND
Approximately three years ago, John Dunn attempted to obtain a membership with the Children's Aid Society of Ottawa and was redirected to the Society's externally retained legal Counsel who has informed Dunn that the Society never intends to accept an application for membership from him.

Therefore, since Dunn was unable to advocate for changes to the Society from within as a member, Dunn was forced to use Section 307 of the Corporations Act to request a list of and contact the existing members of the Society to ask them if they support his advocacy efforts, and if so for them to call a meeting of the members as allowed in section 13 of the Society's By-Law and 295 of the Corporations Act.

On February 05, 2007 Dunn filed a request with the Children's Aid Society of Ottawa for a list of their members so that he could contact them to advocate for changes to the agency's By-Laws which if successfull would give children in foster care a stronger voice in, and improved oversight of the agency they receive services from.

The letter to the members will be asking them to call a members meeting to advocate for a new class of non-voting members which would afford all Society and Crown Wards equal rights as other members of the Society less voting rights therefore strengthening and protecting their voices in relation to the services they receive from the agency and giving them the ability -- among other privileges -- to review corporate documents, meeting minutes and financial records of the Society if requested.

The Society, through its Board of Directors and with the support of its Executive Director, Barbara MacKinnon failed to furnish the list of members as required by statute. Dunn, after almost six months of attempting alternate means of bringing them into compliance with the law was forced to press private charges against them on August 08, 2007 under section 307 (5) of the Corporations Act.

After the charges were laid, the Society, through legal Counsel requested to enter into resolution discussions. Dunn agreed to enter into resolution discussions because his intent was to get his "letter of advocacy" to the Society's members so that they could call a members meeting if they support the proposed By-Law amendment.

The Crown offered to mediate the discussions and after approximately fifteen months of tense moments and communications a resolution has finally been reached. The Society was not comfortable releasing the list of their members to Dunn and subsequently agreed to supply the mediating Crown with postage-paid envelopes addressed with the members personal addresses so that Dunn would then provide the Crown with his "letter to the members" who would then mail the letter to each member at their place of residence.

The members who support calling a meeting would mail the enclosed response form to the Crown who, once the deadline date of November 16, 2008 has passed will count the responses and forward them to the Society.

If 1/10th of the members respond in support of calling a meeting for the purpose of dealing with the matter, the Society shall call a members meeting for that purpose. It is then up to the members to vote on the issue at the meeting if they want it to pass. Doing so would make the Ottawa Children's Aid Society the first in Canada to allow the children and youth in their care to be truly involved in monitoring and participating in the direction of the agency which controls their lives.

Letter to the Society's Members
Click MS Word or PDF formats