NEW APRIL 2019 TRIAL DATE NOW IN DOUBT AS CREDIBILITY OF FCSLLG'S PRIVATE INTERNET SECURITY EXPERT CALLED INTO QUESTION.

THE TRIAL DATE HAS NOW BEEN SET FOR; June 21st, 26th, 28th, and August 13th, 14th, and 15th, 2019. Next court date is Feb. 19th, 2019 for a judicial pre-trial. Check out Kelley's blog for more information.


Since Kelley was charged she has face enormous pressure from the crown's office to essentially sign a confession and plead guilty in exchange for leniency. Kelley refused to plead guilty and then after six months of delays setting a trial date on the crown's part, the crown canceled the trial.

The following year the College of Social Work asked Kelley to sign a near verbatim copy of the statement of agreed upon facts the crown had presented to Kelley the year before, then threaten to sue her for the cost of holding a disciplinary hearing and finding her guilty if she refused to sign it.

Twenty-three months later the both the crown and college continue to be reluctant to accept Kelley's "not guilty" plea and prove the facts actually show Kelley Denham is guilty of anything.

M.M. v. Lanark, Leeds and Grenville Children’s Aid Society, 2018 ONSC 5032 (CanLII)

[19] The events of the various actions, which attracted the attention of the media in Perth, Ontario, are of interest to the citizens of the East Region, who have an interest in the operation of their local children’s aid societies, but the events are of little more than of prurient interest to the citizens of Toronto.

[20] Ms. Denman, who is the central actor either as a commendable whistleblower or as a deplorable newsmonger and hacker and leaker of confidential information is seriously inconvenienced and possibly prejudiced by having to defend or prosecute the various proceedings in Toronto, where she has been unable to obtain a lawyer to represent her.

https://www.canlii.org/…/2018/2018onsc5032/2018onsc5032.html

2 Charges Have Been Dropped against Ms. Denham so far.

AS OF MAR. 21, 2018 THE FOLLOWING CHARGES AGAINST KELLEY DENHAM HAVE BEEN DROPPED:

1) Theft under $5000
2) Traffick in identity Information

Charges still pending against Kelley Denham;

1) Mischief over $5000
2) Mischief to Data
3) Unauthorized use of a Computer
4) Publication of Identifying Information

Ms. Denham's trial was scheduled for Sept. 19, 20, 26 and 27, 2018 but was delayed so Miss Denham could retain new legal council.

A new trial date had been set to take place in April 2019 but over 6 days over 2 or 3 weeks but may be delayed again.

Smiths Falls, Ont., pair charged in family services document breach.

Man, woman could face 10-year prison sentence, fines of up to $10,000 CBC News · Posted: Aug 09, 2016

https://www.cbc.ca/…/smiths-falls-hacked-family-services-c

2016: Charges dropped against Smiths Falls man accused in family services data breach.

Woman charged with same offences could still face 10-year prison sentence, fines of up to $10,000 CBC News · Posted: Dec 19, 2016

https://www.cbc.ca/…/smiths-falls-hacked-family-services-ch

2016: "Ontario's children's aid societies grappling with how to monitor privacy breaches."

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https://netpoint-dc.com/…/wp…/uploads/2015/11/1100036-en.pdf

Read more: Ontario's children's aid societies grappling with how to monitor privacy breaches.
http://yourlegalrights.on.ca/…/ontarios-childrens-aid-soci

Picture of CAS hyperlink posted online.

By LAURIE MONSEBRAATENSocial justice reporter
Mon., April 18, 2016.

Police are investigating an unprecedented security breach at a Brockville-area children’s aid society after an electronic file containing the names of 285 families involved with Family and Children’s Services of Lanark, Leeds and Grenville was made available on Facebook.

The breach was discovered Monday at 1:42 p.m. after both a client and a community member called the society to complain that a picture of a hyper-link to the confidential FCSLLG report was posted on the Smith’s Falls Swapshop Facebook page, executive director Ray Lemay told the Star Monday night.

https://www.thestar.com/…/childrens-aid-families-names-post

:::

"A hyperlink by itself, should never be seen as “publication” of the content to which it refers."

Supreme Court Of Canada, 2011...

Only when a hyperlinker presents contents from the hyperlinked material in a way that actually repeats the content, should that content be considered to be “published” by the hyperlinker;hyperlinks are, in essence, references which are fundamentally different from other acts of publication.

http://harvardlaw74.com/hyperlink-is-not-publication-rules…/

The link took each person to FCSLLG's privately operated public information website hosted by a Michigan server where FCSLLG was carelessly storing client and corporate documents.

(The data was geographically located in the U.S.)

Unfortunately this Michigan server deletes all it's logs every 30 days along with all the traffic information from FCSLLG's website.. Who was coming and going to their totally unprotected even by a password website was all deleted except for a few weeks before the Smiths Falls police requested the information logs from the Michigan server which would have been deleted otherwise..

No one was watching the information and no security programs or hardware was protecting that information and because ALL THE LOGS WERE DELETED THERE IS NO WAY TO GO BACK AND LOOK.

KelleyandDerek.com

   

Police in Smiths Falls have laid charges against two residents after a three-month investigation into a data breach at Family and Children’s Services of Lanark, Leeds and Grenville.
Police began investigating in April after an electronic file with the names of the 284 clients of Family and Children’s Services Lanark was posted on the Internet.

Identifying those who are involved with children’s aid is illegal under the Child and Family Services Act. Releasing this information carries a fine of up to $10,000 and three years in jail.
Children’s Services learned of the breach after the agency was notified by a client and a member of the community that a members-only Facebook page had a link to the list of names.
The page has more than 11,000 members.

Smith Falls Police announced charges against two individuals on Tuesday. Police allege that the individuals had accessed the Children’s Services computer system to obtain the list of names, among other documents. It’s unknown how many documents they were able to retrieve from the organization’s computer servers. However, police believe the pair only publicly posted a link to one specific document.

Charged with theft under $5,000, mischief over $5,000, mischief to data, unauthorized use of a computer, trafficking in identity information and publication of identifying information are Kelley Denham, 28, and Derek Flegg, 50, both of Smiths Falls.

The two were released from police custody and will appear in a Perth courtroom on Oct. 3.

If convicted, the pair could face imprisonment of up to 10 years and fines of up to $10,000. Police would not release any further information about the case as an investigation continues.
It’s unclear how or if the charges would have any impact in a class-action lawsuit filed against the province alleging negligence in protecting the personal and private information of people using
Children’s Services.

In April, a Toronto law firm filed a statement of claim in the Ontario Superior Court of Justice as a placeholder for a possible $75- million class-action lawsuit against the province.

The filing, made on behalf of a plaintiff known only as “M.M.”, was filed by Sean Brown — a lawyer with Flaherty McCarthy LLP Barristers and Solicitors — to bring a classaction lawsuit against Family and Children’s Services of Lanark, Leeds and Grenville, its executive director, Ontario’s Minister of Children and Youth Services, the Province of Ontario and whoever leaked sensitive information online.

Links to attachment(s):
brainsyntax.complechargedforbreachofCASprivacy.pdf

   

Hi vincent It wasn't a hack it‎ with what was leaked is just that since no parent would risk a child like that fcas brockville is just trying to play victim. Also is a multi million dollar lawsuit that's been filed against fcas brockville

   

Does the breach release information that can show the corruption in the court? Any internal memos telling caseworkers to ignore convictions for sexual abuse on a child and give the parent the child back?  This is the policy of Dept of Human Services, but we are seeing them implode from inside as they blame each other for falsification of records and inhumane removals and placements.