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CAS workers can be charged with Criminal Abduction under the Criminal Code of Canada if you have the proof

Saturday, April 5, 2014 - Law - Vernon Beck - CAS - Canada Court Watch

Should a CAS worker apprehend a child without meeting the two (2) conditions outlined under Section 40 of the Child and Family Services Act, then the worker could be charged criminally under Section 281 of the Criminal Code of Canada. Below a copy of Section 281 of the Criminal Code:

Abduction of person under fourteen
281. Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
• R.S., c. C-34, s. 250;
• 1980-81-82-83, c. 125, s. 20.

Section 281 of the Criminal Code of Canada makes it very clear that a person who “unlawfully takes” a person who is under the age of 14 from the parent has committed abduction. CAS workers who take a child from a parent when there is clear evidence before the CAS worker to show that the child is safe can be charged criminally providing parents have enough evidence to present to police to have charges laid.


- - - - - 

O'Neil Brooke: Not that hard to beat that charge.

Apprehension without warrant
(7) A child protection worker who believes on reasonable and probable grounds that,
(a) a child is in need of protection; and
(b) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 47 (1) or obtain a warrant under subsection (2),
may without a warrant bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 40 (7).

http://www.canlii.org/en/on/laws/stat/rso-1990-c-c11/latest/rso-1990-c-c11.html#sec40_smooth
CanLII - Child and Family Services Act, RSO 1990, c C.11

Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.  January 01 2018 


O'Neil Brooke "when there is clear evidence before the CAS worker to show that the child is safe "

vs.

" A child protection worker who believes on reasonable and probable grounds "

becomes he said / she said.


Vernon Beck: Not so when documents and proof have been served upon the worker before the apprehension. It wont be easy to charge a worker but those with the will and determination to get the evidence will succeed. It is only a matter of time when a sympathetic police officer will lay charges and to let a Criminal (not family ) court determine who is right.

Sources: Child and Family Services Act
https://www.ontario.ca/laws/statute/90c11#BK61

 

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