Relief for Rebecca

December 10, 2011 permalink

Rebecca Davidson was taken into foster care in February 2009 by the Children's Aid Society of the Region of Waterloo for four months. On May 20, 2011 she testified before the provincial parliament about her ordeal. Even before that testimony, her family had petitioned for relief to the Child and Family Services Review Board, where they got a favorable decision in August 2009 ordering Waterloo CAS to provide detailed written reasons to the Applicant on:

1. Reasons for the children’s placements in foster care and the group home
2. Reasons why the children were separated in care.
3. Reasons why options regarding J.’s birthday/Easter weekend were not canvassed and why the decision was conveyed at the last minute and reasons why there was no make up visit.
4. Reasons why restrictions in the group home were not addressed
5. The decision and reasons relating to approval of Aunt R. as driver and reasons as to why the information was not given to the Applicant.
6. Reasons why the Applicant could not be on the same bus as R.G., what other options were considered, if any and why it took so long to put an alternative in place.
7. Reasons why kinship placements with Aunt D.M. and the Applicant’s mother, P.D. were refused.
8. Reasons for delay in terms of exploring kinship options.
9. Reasons why R.G. did not see the counsellor as scheduled.

In the decision, Rebecca is referred to as R.G. (her father's surname) and Mr C. is family friend and advocate Chris Carter.

An appeal to the Ontario Superior Court of Justice resulted in the CFSRB decision being set aside. But the Court of Appeal for Ontario reinstated the CFSRB decision.

CAS doesn't give up, and further appealed to the Supreme Court of Canada. On December 8 that court dismissed the case with the brief note: The application for leave to appeal is dismissed with costs to the respondent D.D.. The decision of the CFSRB is left intact. No further appeal is possible, and CAS now has to provide the answers required by the original CFSRB decision. It will be interesting to see the next step.

Addendum: Chris Carter reports that Rebecca's family now has a lawyer and is suing Waterloo CAS for $3 million.

Source: Facebook, Canada Court Watch

Addendum: The trial on the $3 million claim is scheduled to begin on November 25, 2014.

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Chris Carter

November 19, 2014 at 6:51pm

1. very happy to say that after the initial statement of claim was filed in the the Guelph ON Superior court back in the fall of 2011 (Sept. ? Oct. ?), the (formerly) Hespeler ON "D.D." family's civil trial-3 million dollar lawsuit seeking damages against the Waterloo CA$ begins next week on Tuesday November 25, 2014 at the Guelph ON Superior court. There have been perhaps two weeks initially set aside for this trial. This trial is open to the public.

Source: Facebook, Canada Court Watch