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@BC

Instead of accusing CAS, then you should accuse current legistaltion. Currently legistaltion grants CAS the power to take away child in case of emergency. If CAS workers do not do it, then they are against the law.

hkchan(0)
本文发表在 rolia.net 枫下论坛Not just the CAS workers, if a doctor, teacher, or even school bus driver knows a child is abused but not report to the propoer authority, they would be in big trouble.

So if CAS follows the existing legislation, then why do you accuse CAS? Unless you have evidence that CAS does not follow the law, then it is a total different story.

And CAS has to provide evidences to the family court that the child can be at risk before a court order is issued; unless it is emergency. If a CAS worker misue his power, the judge can condemn the CAS worker and let the parents reclaim their legal right of their children.

However, until this point I don't see anyone can provide evidence that the CAS worker did anything wrong in this particular case. Did anyone know why the CAS worker took the baby away from the mother? I read from the newspaper that the hospital called CAS. But why did hospital call CAS? And why CAS took the baby? And if CAS did NOT have a good reason to take away the baby, then her family has every right to condemn the CAS worker. Did CAS have a good reason to seize the baby?更多精彩文章及讨论，请光临枫下论坛 rolia.net
(#5384541@0)
Last Updated: 2009-6-30
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Replies, comments and Discussions:

  • 枫下茶话 / 社会 / "Accusing an organization without any evidence" -- CAS take children when they 'suspect' something goes wrong. That's the part I can't agree. We just need common sense to speak out. -james4rn(james); 2009-6-30 {542} (#5384423@0)
    CAS has the power so CAS should provide evidence and there should be practical process.

    How can one poor immigrant family protect their right of custody in such process? How could they have time or money to hire the lawyer or find the 'evidence' ?

    I'll put it as one of the top issue whenever I speak to MPP. The system is developed to deal with some selfish culture which prefer to have dog son or grand cat or just attract poor immigrant instead of bring up their own child and it is definitely not suitable for Chinese culture.
    • There are 2 things I hope everyone can remember when you are in trouble that need to go to court, not just CAS! -hkchan(0); 2009-6-30 {378} (#5384487@0)
      1. The Law Society of Upper Canada provides Lawyer Referral Service. You pay $6 and then you can talk to a lawyer for 30 minutes. You can talk to multiple lawyers.

      http://www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/

      2. There is Legal Aid Ontario for poor people. They may not give you the best lawyer but a laywer is always better than a layman like myself.

      • My point is the process is against the principle of fairness and It's not acceptable to take action based on 'suspection'. -james4rn(james); 2009-6-30 {483} (#5384577@0)
        It's difficult for normal people to deal with powerful organization that's the reason people are assumed innocent before trial and normal people needn't prove they are innocent -- it's the organization's duty to provide the evidence.

        If parent spunk child occasionally -- I can't see any emergency here.

        If there are systematic abuse of child -- I can't tell why CAS has difficulty to prove it in a short time and I can't see emergency here as long as parents warned.
        • My undrestanding is that CAS must provide evidence and seek order from court before its worker can take away any child from their legal guardians. It is only in emergency then the child can be taken without a court order. -hkchan(0); 2009-6-30 {477} (#5384615@0)
          However, CAS still have to file all their evidences and seek a proper order from court within 5 days after the child was taken.

          I guess you may argue who define "emergency" but there is real emergency situarion that CAS worker cannot wait for a court order. I read a news yesterday how a mother in Taiwan killed her own baby by stabbing her 51 time with a knife.

          But I agree CAS is an organization with vey great power; so it must be monitored and supervised properly.
          • Actually CASs have done contray. Remember James Fenton's famous words: "Listen to what they did. Don`t listen to what they said." -analyst1(Justice); 2009-6-30 (#5384742@0)
            • analyst1, It is only up to you, people who had real terrible experience with CAS to step up to fight against CAS. I can only give you suggestion and idea. -hkchan(0); 2009-6-30 {250} (#5385013@0)
              If you strongly believe CAS was wrong in your encounter with CAS, you should talk to family lawyer(s) about your lawful right. The Law Society of Upper Canada provides Legal Reference Service. You pay $6 and you can talk to a lawyer for 30 minutes.
              • 如果你打过那个电话，你会知道你不如将那$6用于给小孩买东西。你说的另一句话我到觉得是对的：“如果你有钱去烧，就诉讼法律。” -analyst1(Justice); 2009-6-30 (#5385131@0)
                • 我觉得HKCHAN这么信加拿大的司法系统，是不是和他从司法系统中得到保护的经验有关？HKCHAN，你是不是经常打官司赢呀？ -ignoreme(别当真); 2009-6-30 (#5385144@0)
                  • I know lawyers from HK, England and Canda and they are very honorable and respectfuly persons. Again, I won't say our legal system is perfect; my friends used to tell me terrible stories how our legal system. -hkchan(0); 2009-6-30 {246} (#5385197@0)
                    Dr. C Smith in Canada or Gerry Conlon in England.

                    However, we have to use whatever we have to fight for our right. If you have better idea than what I suggested, I think analyst1 and other Rolians would be more than happy to hear from you.
                • I didn't but some of my friends did. They actually were able to learn enough legal stuffs to earn a good termination package from their prior employers. -hkchan(0); 2009-6-30 {138} (#5385175@0)
                  What was your experience with LRS? And do you mind to tell us why you said CAS didn't follow the procedure? Did they get a court order?
    • Instead of accusing CAS, then you should accuse current legistaltion. Currently legistaltion grants CAS the power to take away child in case of emergency. If CAS workers do not do it, then they are against the law. -hkchan(0); 2009-6-30 {1108} (#5384541@0)
      本文发表在 rolia.net 枫下论坛Not just the CAS workers, if a doctor, teacher, or even school bus driver knows a child is abused but not report to the propoer authority, they would be in big trouble.

      So if CAS follows the existing legislation, then why do you accuse CAS? Unless you have evidence that CAS does not follow the law, then it is a total different story.

      And CAS has to provide evidences to the family court that the child can be at risk before a court order is issued; unless it is emergency. If a CAS worker misue his power, the judge can condemn the CAS worker and let the parents reclaim their legal right of their children.

      However, until this point I don't see anyone can provide evidence that the CAS worker did anything wrong in this particular case. Did anyone know why the CAS worker took the baby away from the mother? I read from the newspaper that the hospital called CAS. But why did hospital call CAS? And why CAS took the baby? And if CAS did NOT have a good reason to take away the baby, then her family has every right to condemn the CAS worker. Did CAS have a good reason to seize the baby?更多精彩文章及讨论，请光临枫下论坛 rolia.net

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