Current family laws that define “abuse” and “risk” are vague, over-broad, and arbitrary and thus may violate the ‘principles of fundamental justice’ of the Canadian Charter of Rights and Freedoms. Parents’ Charter rights to a fair trial are not addressed. Moreover there is no acknowledgment of the serious risks and harms to children and parents that come with state intervention in the family. The risks of state intervention are thus not balanced with the risks of parental actions.
October 12, 2018. Adrian Crook. 5 Kids 1 Condo – Blog post: “We’re going to BC Supreme Court!” – by ‘bus dad’ Adrian Crook father of 5 children who let them ride the bus and has had Child Protection Services intervention ever since. Kids First advised him to raise Charter issues and fight on that basis. He is.
December 31, 2019. Vancouver Sun – article: “New claim against ex-social worker accused of stealing funds“
CHILD PROTECTION LAWS MAY VIOLATE THE CHARTER’S PRINCIPLES OF FUNDAMENTAL JUSTICE BECAUSE THESE LAWS ARE VAGUE, OVER-BROAD, ARBITRARY, AND VIOLATE THE RIGHT TO A FAIR TRIAL.
EXAMPLE: UNDER BC LAWS FEW FAMILIES WOULD NOT MEET THE VAGUE CRITERIA FOR “HARM” or “ABUSE”.
1996. Gov of B.C. – law: CHILD, FAMILY AND COMMUNITY SERVICE ACT
When protection is needed
13 (1) A child needs protection in the following circumstances:
(a) if the child has been, or is likely to be, physically harmed by the child’s parent;
(b) if the child has been, or is likely to be, sexually abused or exploited by the child’s parent;
(c) if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child’s parent is unwilling or unable to protect the child;
(d) if the child has been, or is likely to be, physically harmed because of neglect by the child’s parent;
(e) if the child is emotionally harmed by
(i) the parent’s conduct, or
(ii )living in a situation where there is domestic violence by or towards a person with whom the child resides;
(f) if the child is deprived of necessary health care;
(2) For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe
(c) withdrawal, or
(d) self-destructive or aggressive behaviour.