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@BC

根据Ombudsman's的报告, CFSRB没有什么权力:The changes implemented in 2006, ..., have done little to assuage those who have sought our assistance. The board's authority to address complaints continues to be limited.

本文发表在 rolia.net 枫下论坛This year, we received 10 complaints about the board itself. Complainants are often bewildered by the jurisdictional arguments and procedural rules they face during the board's review process, as well as its inability to deal with their core concerns.

In a recent CFSRB decision, a board member considered the strictures of the
current complaint scheme, and observed that:

…the Board does not participate in assessing the validity of any complaints
on their merits, nor is there anything for the Board to overturn or quash in
such a process. The Board’s only substantive remedies are to redirect
the complaint for further review or to order a CAS to provide written
reasons for its “decision,” i.e. the decision whether to take further
action at the completion of the complaints process.

The board member went on to note that people who raise concerns about
the conduct of CASs end up confused when they find that the board’s “review” is
restricted to consideration of procedural allegations. He noted that an independent
investigative model – i.e., using an ombudsman or similar body – had been rejected in
favour of an adversarial model in which “complainants bear the burden of advancing
their complaints within the very organization about which they are complaining.” He
added that complainants might feel vulnerable and fear retribution for participating in
the complaint procedure.更多精彩文章及讨论,请光临枫下论坛 rolia.net
Report

Replies, comments and Discussions:

  • 枫下茶话 / 社会 / Ontario Ombudsman's annual report. Page 20-21 is about CASs. Mr. hkchan can find some right answers from Ontario's Ombudsman.
    • Thank you! Just got an idea! Don't know if it makes any sense at all. Should our government pay for the legal fee for parents who want to fight for their children.
      These complaints raised a wide variety of issues and allegations, including:
      • CAS refusal to investigate allegations of abuse;
      • concerns about the care of children in CAS custody or supervision;
      • concerns about CAS apprehension of children;
      • CAS refusal to disclose information relating to the reasons for apprehension, or services provided to children in care;
      • unreasonable demands placed on parents seeking access to children in CAS care;
      • allegations of abuse of authority by CAS workers;
      • a biased and adversarial complaint process;
      • allegations of retaliatory actions against parents who challenged CAS decisions; and
      • CAS failure to provide timely notice to parents of court dates.

      BTW, I support Bill 93. Please make sure your neighbour and coworker understand the bill and support it.
      • Thank you for your support. If your MPP has not supported the Bill 93, please talk him over Bill 93. If the Bill passes, 300,000 children will have much better life and future, the tax payer's money will be saved as well. Thanks again.
        • I already email my MPP. But never got a reply. This is why we need to work together! Unfortunately, working together is not a favorie action among Chinese.
          I hope you don't mind ask you a personal question, is your boy OK now?
    • 不是CAS不要OMBUDSMAN,是政府于2005年建立一个法庭式调查,那便是CHILD AND FAMILY SERVICE REVIEW BOARD,CAS要求只要一个,有OMBUDSMAN便没有CFSRB,有CFSRB便没有 OMBUDSMAN,不可能一个机构有而个投诉机制。
      • CFSRB是法庭机制一部分, 受EVIDENCE ACT管制, 决定是法庭命令,CAS不可违反。OMBUDSMAN不受EVIDENCE ACT管制, 他们的决定不是法庭命令,CAS可以叫他去死啦,不是开玩笑。
        • I think OMBUDSMAN is like Auditor General, you can comment, complain or even criticize, but that is all they can do.
        • 根据Ombudsman's的报告, CFSRB没有什么权力:The changes implemented in 2006, ..., have done little to assuage those who have sought our assistance. The board's authority to address complaints continues to be limited.
          本文发表在 rolia.net 枫下论坛This year, we received 10 complaints about the board itself. Complainants are often bewildered by the jurisdictional arguments and procedural rules they face during the board's review process, as well as its inability to deal with their core concerns.

          In a recent CFSRB decision, a board member considered the strictures of the
          current complaint scheme, and observed that:

          …the Board does not participate in assessing the validity of any complaints
          on their merits, nor is there anything for the Board to overturn or quash in
          such a process. The Board’s only substantive remedies are to redirect
          the complaint for further review or to order a CAS to provide written
          reasons for its “decision,” i.e. the decision whether to take further
          action at the completion of the complaints process.

          The board member went on to note that people who raise concerns about
          the conduct of CASs end up confused when they find that the board’s “review” is
          restricted to consideration of procedural allegations. He noted that an independent
          investigative model – i.e., using an ombudsman or similar body – had been rejected in
          favour of an adversarial model in which “complainants bear the burden of advancing
          their complaints within the very organization about which they are complaining.” He
          added that complainants might feel vulnerable and fear retribution for participating in
          the complaint procedure.更多精彩文章及讨论,请光临枫下论坛 rolia.net
        • CFSRB没什么用, OMBUDSMAN可以叫他去死, CAS没有谁管得了.
          • We can! You have to remember CAS's boss is Minister of Children who is a politician. And the survival of a politican depends on our votes. If we have a very loud voice, then they would listen.
            How many of us actually complained to her?
        • Could you please explain how CAS can let ombusman die?
          • Ombudsman has the power to investigates complaints, he can then report it and make recommendations to government. But whatever happen afterward is beyond Ombudsman's control, like auditor general.
            When the Ombudsman identifies a problem in how the government has treated an individual, he can report on it and make recommendations to correct the problem for that person. He can also make recommendations to change government policies and practices to prevent similar problems from occurring in the future and to improve the system for others.

            Unlike family court, they have the authority to tell what CAS should or should not do.
    • 是不是这样,法庭说CAS没错,CAS法律上没错,法庭说CAS错,CAS要改正,而且案主可以民事诉讼CAS。如果你开快车,法庭判你错,是不是你又可以去OMBUDSMAN投诉法庭呢。你们要的是什么,一个权力大的法庭监督CAS, 或者一个权力小的OMBUDSMAN?
      • 好像SIU,他们请的都是EX-COPS,如果OMBUDSMAN可以监督CAS,结果是CAS员工有更多工作机会,他们要请人应付,我说的是100K的职位,53个CAS请53个COMPLAINT MANAGER,每年成本加上OVERHEAD是5-8百万,OMBUDSMAN也要请EX-CAS员工,付出同样金钱。
      • 你们不是在缩小这个鱼网,反之把鱼网扩大。最有效方法缩小鱼网是删去CFSA37(2)(B)和ONTARIO ELIGIBILITY SPECTRUM的MODERATE SEVERE RATINGS。如果小孩不见血,不许CAS介入,我保证CAS会缩小70%。
        • My father never physically punished me to a point that see blood. But I would never repeat his approach to my kids. I know how much damage it would cause a child. I don't want to see the net get smaller.
          However, at the same time CAS is an organization with so much power and somehow we have to make sure it operates according to the best interest of our community.

          I understand more control == more cost == less efficiency. So where do we draw a line that balance everything is a difficult decision.
        • 归根结底,要有明确规则,要有透明度。
          • 法庭没有明确规则?没有透明度?加拿大以法治国,不是网友说了算。
            • 谢谢你的提醒。你以为只有法庭需要明确规则,透明度?