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Filing Complaints in British Columbia

 

  • BC Civil Liberties Association

  • BC College of Social Workers

  • B.C. Human Rights Tribunal

  • College of Physicians and Surgeons of British Columbia

  • Dispute Resolution

  • Information and Privacy Commissioner of British Columbia, Office of the

  • Judicial Complaints

  • Law Society of British Columbia

  • Mediators of British Columbia

  • Members of the Legislative Assembly of British Columbia

  • Minister of Children and Family Development, Office of the

  • Ombudsperson, Office of the

  • Police Complaint Commissioner of British Columbia, Office of the

  • Representative for Children and Youth, Office of the

 

BC Civil Liberties Association

 

"The BC Civil Liberties Association provides assistance to members of the public who are dealing with civil liberties issues.  Civil liberties issues often focus on the relationship between the government and citizens, although they can also involve private organizations.  Some examples of civil liberties issues that we might be able to assist with include those relating to police accountability, privacy violations, access to information requests, or free speech and freedom of expression.

 

The BCCLA receives over 2000 calls each year from members of the public who request assistance.  While we do our best to do what we can to assist all callers, we are able to take an active advocacy role in only a small percentage of these cases.

 

We are most likely to get directly involved in cases that may involve changes to a law or a policy.  Concentrating our efforts on addressing laws or policies allows us to maximize the effects of our limited resources.  We take on cases that are likely to have an impact on people beyond the individual complainant.

 

Where considerable resources will be required to address the issue, we assess the likelihood of success of our efforts.  If we determine that our efforts are likely to involve many resources and are unlikely to be successful, we may not be able to pursue the complaint.

 

There are many incidents of unfairness and injustice that the BCCLA simply does not have the capacity or the expertise to handle.  If the BCCLA cannot offer you assistance it does not mean that your complaint is without merit."

website:  http://bccla.org/

 

 

BC College of Social Workers

 

This is a quote from an article in the Winnipeg Free Press: 

 

"The BC College of Social Workers has worked diligently for the past five years to remove some exemptions of public service social workers. By September 2013 all social workers working in the health authorities will be required to become RSWs with the college. The B.C. government continues the exemptions on child protection social workers from being registered. This is to the detriment of the public, the children in its care and custody, and the families who are faced with inconsistent and variable practice, and at its worst serious professional misconduct, incompetence, and bad faith.”

 

Although the majority of social workers in MCFD are not registered with the college, some are.  You can go on to their site and check to see if a social worker is registered and if they are you can file a complaint.  Also, they are interested in social workers, such as there was a case where a social worker from MCFD had the initials RSW next to their name which indicates Registered Social Worker.  This social worker was not registered and therefore should not have these initials next to their name.  This social worker was able to be reported to the BC college of Social Workers.  The website is:  http://www.bccollegeofsocialworkers.ca

 

 

B.C. Human Rights Tribunal

 

The Tribunal deals with human rights complaints that arise in British Columbia and are covered by the Human Rights Code. The Tribunal cannot deal with any other type of discrimination. For more information about the Tribunal, see the Tribunal's Guide 1 - The BC Human Rights Code and Tribunal. 

 

The B.C. Human Rights Tribunal is an independent, quasi-judicial body created by the B.C. Human Rights Code. The Tribunal is responsible for accepting, screening, mediating and adjudicating human rights complaints. The Tribunal offers the parties to a complaint the opportunity to try to resolve the complaint through mediation. If the parties don't resolve the complaint, the Tribunal holds a hearing.

 

The Tribunal is made up of members, one of whom is the Chair of the Tribunal. The members are experts in human rights law and are appointed by the Lieutenant Governor in Council.

website:  http://www.bchrt.bc.ca/

 

 

College of Physicians and Surgeons of BC

 

If your physician or any specialist gives out information to anyone without your consent, in particular, MCFD, report them to the College of Physicians and Surgeons of BC at:  https://www.cpsbc.ca/.

 

 

Dispute Resolution, Ministry for Children and Family Development (MCFD) 

 

Not all complaints are eligible for acceptance under the ministry’s complaints process. A few examples of ineligible complaints include:

 

» A complaint about any matter that is currently before the courts.

» The complaint concerns matters related to youth justice services, and the person making the complaint is not authorized to access information under the Youth Criminal Justice Act.

» A complaint made by a foster parent unless they are acting on behalf of a child or family.

 

If your complaint is ineligible, the complaints specialist or ministry worker might refer you to another review process.

 

The Ministry’s complaints process provides two options for resolving a complaint(s):

  

  • Resolution and Administrative Review.  During Resolution you have an opportunity to be involved, with MCFD staff, in a process which encourages problem solving and provides flexibility in finding a solution that you think addresses your complaint(s).  You and MCFD staff will have 30 days to complete Resolution unless you agree to an extension.   Many of you will have already encountered this to no avail in your own cases particularly if your file is labeled "combative" or "non-cooperative".

  • Administrative Review provides an examination of your complaint issue(s) by a Review Authority (RA).  The RA (who is a person who has had no involvement in any matters related to the complaint) will review your complaint(s), come to a conclusion and may make recommendations.  The Administrative Review will be completed within 30 days unless you agree to an extension. You may make a request for an Administrative Review at any time during the complaints process.   Note that this is by the same team that is removing/had removed your children. 

 

If you think any of the decisions, conclusions or recommendations reached is unfair you may request an external review through the Office of the Ombudsperson .  Telephone:  1 800 567-3247.

 

 

Information and Privacy Commissioner of British Columbia, Office of the

 

Child protection workers, or anyone else for that matter, cannot obtain or give out any of your personal information without your consent.  Coercion, bullying omission of proof are all part of MCFD's tactics.  If they do that in your case, file a complaint with the Information and Privacy Commissioner of BC; however, you must have proof of the breach.  This office has investigated MCFD in the past with negative outcomes for the ministry.  Website:  http://www.oipc.bc.ca/for-the-public/how-do-i-make-a-complaint.aspx   Under 'Reports', find 'Investigation Reports', where you can view the various agencies/offices that have been investigated and the results of those investigations.  

 

Judicial Complaints

 

You can file a complaint about the judge handling your case, if you feel that there has been misconduct on their part.  Your correspondence must include:

  • Your name and mailing address.

  • The name of the judicial officer complained of, the court location, the court file number (if known), and the date of the incident.

  • A description of the alleged misconduct in as much detail as possible.

  • Please note that anonymous complaints or complaints without a return address will not be accepted.

 

Send your complaints to:

 

Office of the Chief Judge
P.O. Box 10287, Pacific Centre
Vancouver BC  V7Y 1E8
Phone: (604) 660-2864
Fax:     (604) 660-1108
info@provincialcourt.bc.ca

 

 

Law Society of British Columbia

 

The Law Society requires all lawyers, whether legal aid or paid privately, to practise law ethically and competently. For example, a lawyer should:

 

  • be honest and courteous;

  • keep clients informed, respond promptly to phone calls or letters and work in a timely fashion;

  • respect client confidences;

  • safeguard client funds and property and account for money entrusted to the lawyer;

  • maintain adequate skills to represent clients effectively;

  • not act in a conflict of interest (such as improperly acting against a former client or improperly sharing a business interest with a client).

 

If you feel your lawyer has not acted ethically or represented you as you require, or any of the above, report them to the Law Society of B.C.  Website:  www.lawsociety.bc.ca

 

 

 

Mediators of British Columbia

 

When you have mediation, the Mediator should contact you to have a confidential meeting before to mediation, if not, then contact them to have a meeting.  At that meeting, discuss items that you want brought up at mediation.  If the Mediator breaks confidentiality, they should be reported to Mediate BC at http://www.mediatebc.com/.

 

 

 

Members of the Legislative Assembly (MLAs)

 

Contact your local MLAs and let them know what MCFD is doing in your life and to your life.  Let them know about the tactics that MCFD has used to gain access to your children and your life. 

 

Here is the website with the list of MLAs with their emails:  http://www.leg.bc.ca/mla/3-1-7.htm, an MLA Finder is here and this is the website of the MLAs with their constituencies:  http://www.leg.bc.ca/mla/3-1-6.htm.

 

 

 

Minister for Children and Family Development, Office of

 

Let the Minister responsible know about your situation:

 

     The Honourable Stephanie Cadieux

     Minister for Children and Family Development

     PO Box 9770, Stn Prov Govt

     Victoria BC  V8W 9S5

     Email:  MCF.Minister@gov.bc.ca  

 

or, if the Legislature is sitting:

 

     The Honourable Stephanie Cadieux

     Minister for Children and Family Development

     501 Belleville St

     Victoria BC  V8V 1X3

 

* Remember to copy your local Member of the Legislative Assembly  (MLA), the Premier, MLA John Horgan, Leader of the Opposition, the Ombudsperson, and the Child and Youth Officer.  

 

Sadly, our own experiences with letter writing are that  a template response is generated, with a copy of your letter going to the branch - that's right - your local branch, so that the child protection workers in your case will be aware that you wrote and received a template response.   To help ensure your file is carefully considered,  you may wish to copy your local newspapers and local radio and television station(s). 

 

 

 

Ombudsperson of British Columbia, Office of the

 

The Office of the Ombudsperson receives enquiries and complaints about the practices and services of public agencies within its jurisdiction. Their role is to impartially investigate these complaints to determine whether public agencies have acted fairly and reasonably, and whether their actions and decisions were consistent with relevant legislation, policies and procedures.

website: https://www.ombudsman.bc.ca/

 

 

Police Complaint Commissioner of British Columbia, Office of 

 

The Office of the Police Complaint Commissioner provides impartial civilian oversight of complaints involving municipal police in British Columbia, Canada. They ensure thorough and competent investigations of police complaints and fair adjudication with respect to all parties. 

 

The Office of the Police Complaint Commissioner's role in the police complaint process is to ensure that the complaint process is conducted with impartiality and fairness to both the complainant and the police officer. 

https://www.opcc.bc.ca/ 

 

 

Representative for Children and Youth of British Columbia, Office of

 

The Office of the Representative for Children and Youth is staffed by a multidisciplinary team who are focused on ensuring children and youth who receive government services in B.C. are protected and safe.  The current Officer for Children and Youth, Mary Ellen Turpel-Lafond.

Please use this resource, as if the Representative for Children and Youth is inundated with calls and letters, it will carry significant weight to commence an audit of child protective services.

 

Telephone number:  1 (800) 476-3933.  

Website: http://www.rcybc.ca/Content/AboutRCY/WhoWeAre/WhoWeAre.asp

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