There is a lot of repetition in the message below. It comes from OCHEC (The
Ontario Christian Home Educators Connection)
Dear OCHEC Family:
Much of the following has been excerpted from HSLDA and Citizen Impact. We
have talked to some people close to the situation and find that the children
were well liked and respectful. The church they attend is very similar to
any mainstream church, though perhaps closest to the Mennonite church.
History:
News has been circulating in the media and in the home school circles about
a family in Aylmer, Ontario who had their 7 children taken away by the
Children's Aid Society.
The family involved in this situation has seven children between the ages of
6 and 14. The area's Children's Aid Society decided to take the children
after the parents refused to promise that they would stop spanking their
children. The children were removed kicking and screaming out of their home
because of accusations their parents may spank them with sticks and belts.
Many neighbours are convinced there wasn't any abuse and spoke to the media
of how happy and congenial the children are.
On Monday July 16, 100 members of the congregation (26 women and 74
children) fled the country, as there was another family questioned, and they
felt that they could be the next targets.
The pastor of this family reported that there is alcohol and smoking in the
homes the children have been placed in. This is completely contrary to their
teaching. He also reported that the children were told that what they
believe is wrong and that another pastor would be brought in to correct
their teaching.
The recent court appearance:
On Monday, June 9th the family had their first court appearance. The
children will remain in the temporary care and custody of Family and
Children's Services, pending further court proceedings. The parents have
regular access to the children and the matter will be back in court on July
26, 2001.
OCHEC's Involvement
This family is not a home schooling family. The case is of interest to us on
humanitarian grounds and on the basis of parental authority. We believe the
biblical mandate that parents are to be responsible for the discipline and
education of their children. This authority has been taken away by the
government for this family, based (as far as we can determine) on what may
happen, not what has happened. As an organization we are very sensitive to
which areas are parental responsibilities compared to the areas that are the
government’s responsibilities. We have been in communication with other
organizations involved such as Citizen Impact and HSLDA, who have taken a
more active role in meeting with the pastor, the lawyers involved and
advising the lawyers on past court cases to obtain the best possible result
for parents.
Thanks
We are thankful for people like Pastor Hildebrandt, HSLDA, and Citizen
Impact for being willing to stand up and be counted as standing for the
oppressed families of this land. We are also thankful for being able to use
the summaries that the later two organizations have provided in this Email.
Next steps:
1. Pray
- for the protection and comfort that can only come from God for the
children and parents
- for all the decision makers, that wisdom from God will guide their
decisions
- for those helping the family, especially Pastor Hildebrandt and those
advising him for wisdom
- that the children will be returned to this family as soon as possible.
2. You can show support for this family and for parental rights and freedoms
by taking a few minutes to email, write, or call someone who has influence
in this area. Writing a letter to your local newspaper would also be
beneficial. Public opinion appears to be strong in support of this family.
Some possible themes that you could use:
- Parents should not be condemned for using reasonable discipline when
carried out in a loving and caring manner.
- Social services appears to have handled this situation in a "shocking"
manner, and they also should be accountable for their actions.
- Urge social workers to give parents the benefit of the doubt and to
respect the religious views of parents.
3. Financial support for the family can be sent to:
Family Legal Defence Fund
P.O. Box 82
Aylmer, ON N5H 2R8
Contact information for people of influence:
Premier Mike Harris
Legislative Building
Queen's Park
Toronto ON M7A 1A1
webprem@gov.on.ca
416.325.1941 - Telephone
416.325.3745 - Fax
Hon. John Baird
Minister of Community and Social Services
(and Minister Responsible for Children)
Hepburn Block
6th Floor
80 Grosvenor Street
Toronto ON K2H 9C2
mailbox@johnbaird.com
416.325.5225 - Telephone
416.325.5221 - Fax
Steve Peters
M.P.P. for Elgin-Middlesex-London (Liberal)
Room 331
Legislative Building
Queen's Park
Toronto ON M7A 1A4
steve_peters-mpp@ontla.ola.org
416.325.7250 - Telephone
416.325.7262 - Fax
For Ontario members, find the contact information for you local M.P.P. at:
www.ontla.on.ca/Members/mailing_addresses/index.htm
For additional points to consider in this case I have taken the following
information from Citizen Impact, an organization actively involved in
preserving the rights of the family. These points are not to be construed as
OCHEC policy, but are worthy of your consideration.
1. Section 43 of the Criminal Code of Canada states that parents or
guardians are justified in using force to discipline their children, as long
as it does not exceed what is reasonable. Last summer an Ontario Superior
Court rejected a challenge to this section of the Criminal Code by
children's rights advocates, and found that section 43 did not violate
children's rights. Spanking a child is not against the law in Ontario.
2. Many parents use corporal punishment in the raising/disciplining of their
children. We are not positioning ourselves to defend the merits of corporal
discipline. We will however defend the parent's right and responsibility to
determine the best manner to discipline, train, educate, correct and provide
guidance for their children. We recognize that physical force must remain
reasonable under all circumstances and by no means condone abuse of
children.
3. Most Children Aid Societies consider the use of any instrument (ruler,
belt, wooden spoon) to spank a child is "unreasonable force" and grounds to
remove the child(ren) from their parents. Diane Cresswell, spokesperson for
the London Middlesex Children's Aid Society, is quoted in the London Free
Press as stating "we believe very strongly that parents don't need to use
physical punishment to discipline their children." According to Cresswell,
the CAS would like to see spanking outlawed altogether.
4. There is inconsistency between federal legislation and provincial
implementation with respect to parental authority to use physical discipline
with their children. The definition of acceptable, reasonable force is
unclear and is being left to the discretion of case workers and local CAS.
5. It is our opinion that sending in 11 police cruisers with 14 officers to
pull the children from the arms of their parents was "unreasonable force".
Something must be done to assure this unbridled power has proper checks and
balances. Taking children from their parents must happen only in emergency
situations. This was not such an emergency. There had to have been a better
way to intervene if intervention was required. (2)
6. The burden of proof is on the CAS. The threshold of proof has been
lowered to the point that all they are required to prove is that further
harm to the children is "likely" if they remain in the custody of their
parents. The CAS considers all spanking as harmful and considers the use of
any instrument as abusive. Many denominations and parenting groups teach not
to use the hand for spanking but for loving and caressing. Anyone who
believes the hand should not be used for spanking and uses an instrument is
at serious risk of having their children taken from their home.
7. The CAS has a public relations fiasco on their hands. If they return the
children because there was no physical evidence of abuse they come across as
either making a mistake or as overly aggressive or as incompetent and/or
abusive. Holding the children gives the impression they were acting in the
best interest of these children. Truth could well be the first casualty in
this situation. Please consider this when listening to news releases as this
story unfolds. We recognize the very difficult situations CAS workers deal
with on a daily basis and the need for the CAS. The stressful situations
they deal with daily and the impact the decision to remove a child from a
home has on both the children the parents proves the need for a solid review
process before any child is removed from their parent(s). See website for
update www.childrentaken.com
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