Unpublished Opinions
smiths falls, Ontario
About the author
Advocates for family preservation against unwarranted intervention by government funded non profit agencies and is a growing union for families and other advocates speaking out against the children's aid society's funding strategies and current corrupt practices to achieve the society's funding goals.
WHY CAN'T KELLEY DENHAM GET A FAIR TRIAL IN PERTH ONTARIO.. TRIAL UPDATE: 18/08/28.
August 29, 2018
IS ANYONE SURPRISED ONTARIO COURT JUDGES AREN'T WILLING TO BEND OVER BACKWARDS TO ENSURE THE ACCUSED GETS A FAIR TRIAL?
WHAT DO YOU THINK SHOULD JUSTICE REALLY BE ABOUT WHAT'S CONVENIENT FOR ONTARIO'S COURTS OR SHOULD KELLEY HAVE BE ALLOWED TIME TO RETAIN A NEW LAWYER?
At today's trial adjournment application hearing decision the judge stated that though it would be in Kelley's best interest to have a lawyer present at her trial the judged denied the application and reasons for the application in regards to any new information or contradictory testimony that conflicts with information in the criminal proceedings uncovered by the College of Social Work's investigation into a complaint made by FCSLLG's project manager Margret Row and FCSLLG's lawyers (Fasken) in the civil proceedings in which recently Miss Denham was dropped as a defendant in the $75 million dollar class action suit leaving FCSLLG the sole defendant in the suit.
The Perth crown's office after stalling setting a trial date for nearly a year and then cancelling the first trial date one week before it was supposed to begin claimed that trial had been cancelled weeks before the trail date as a joint request from the defense and the crown's office which was and is a flat out lie..
The crown then stated he was unaware of any new evidence uncovered by the College investigation and that he was unaware the College had completed a year long investigation of their own into the matter to which Miss Denham had only just recently received a very interesting disclosure from with many relevant documents and testimony from the breach the police investigation and crown had failed to include in the criminal case and FCSLLG had failed to turn over to the court and the crown appeared to be totally unwilling to look any further into the matter of other documents and testimony that might be relevant though he did say he had a duty to review the case if new information did become available.
Kelley's lawyer after the first trial date had been canceled left the case when Kelley was unable to afford the added costs of the many many delays and final cancellation of the first trial date that was set that her lawyer had been available for.
The judge's reasoning to deny the application was the case had already inconvenienced the court for two years and Miss Denham's application and inability to just go out and find and retain another lawyer who specializes in these kind of cases was just untimely and that he could not see how any new information uncovered by either the much lengthier College investigation or the class action that conflicts with the crown's case would be relevant in the criminal case against Miss Denham and any evidence from those two parallel proceedings would remain separate from the criminal trial and Kelley will not be allowed to use any of it in her criminal defense..
Hmmmm... Any conflicting evidence or evidence contrary to the crown's case isn't relevant?
The system has gone from protecting the CAS to protecting a totally corrupt crown..
AS SOME OF YOU MAY KNOW ALREADY IS ACCUSED CAS HACKER KELLEY DENHAM WAS RECENTLY DROPPED AS A DEFENDANT IN THE $75 MILLION DOLLAR CLASS ACTION SUIT AGAINST THE CHILDREN'S AID SOCIETY (FCSLLG.)
WHEN THE CROWN IN THE CRIMINAL PROCEEDING WAS INFORMED OF THE
DEVELOPMENT HE STATED HE KNEW NOTHING ABOUT IT AND INSINUATED THAT MISS DENHAM HAD MADE A DIRTY DEAL
WHAT YOU MAY NOT KNOW IS
MISS DENHAM WAS ONLY INCLUDED AS A DEFENDANT IN THE CLASS ACTION BY
FCSLLG'S BUSINESS LAWYERS (FASKEN) WHO SAID IF KELLEY WASN'T INCLUDED
AS A DEFENDANT THEY WOULD FILE SOME KIND OF LEGALISE PAPERWORK
TO HAVE MISS DENHAM ADDED AS A DEFENDANT,
IN ORDER TO SAVE TIME THE JUDGE JUST ADDED MISS DENHAM DESPITE SEAN
BROWN'S PROTESTS.
MR. BROWN THEN SPECIFIED THAT MISS DENHAM'S LIABILITY WOULD ONLY BE ONE DOLLAR.
NOW THAT KELLEY HAS BEEN DROPPED FCSLLG LAWYERS ARE NOW SUING MISS DENHAM DIRECTLY IN HOPES OF GETTING A RULING THAT WILL SATISFY ANY POSSIBLE INSURANCE CLAIMS FCSLLG MIGHT HAVE.
MISS DENHAM HAS MADE A COUNTER CLAIM.
SO WHAT DEAL DID MISS DENHAM MAKE WITH CLASS ACTION SEAN BROWN?
MR BROWN ASK MISS DENHAM TO EXPLAIN TO HIM WHAT HAPPENED AND SHE DID IN EXTREMELY WELL DOCUMENTED DETAIL IN A SWORN AFFIDAVIT.
MR BROWN THEN ASKED ASKED MISS DENHAM MANY MANY QUESTIONS. SHE ANSWERED THEM ALL IN THE SAME IN THE EXTREMELY WELL DOCUMENTED
DETAIL.
KELLEY JUST TOLD THE TRUTH TO SOMEONE WHO HADN'T ALREADY MADE UP THEIR MIND, WILLING TO LISTEN TO IT AND CHECK IT..
THERE IS AND WAS NO DEAL AT ALL.
UNPRECEDENTED HACK: TRIAL UPDATE: 18/08/21
Kelley's trial confirmation hearing yesterday was adjourned till next Tuesday to hear an application for a trial adjournment that would allow Kelley's new lawyer time to prepare for trial.
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UNPRECEDENTED HACK: TRIAL UPDATE: 18/08/14.
Can Kelley Denham get a fair trial in Perth Ontario?
Well, here's how things stand now.
Whether or not Kelley Denham will have a lawyer for her trial is now contingent on the judge approving an application for an adjournment made by a lawyer willing to take her case that sites a lot of case law and new discoveries among other things and she is not available for the date currently set for the trial to start ..
The Perth crown who justified refusing a request to share the criminal disclosure with class action lawyer Sean Brown by claiming he was protecting Kelley's right to a fair trial is opposed to the application.. It seems like protecting a defendant's right to a fair trial has a very convenient on off switch..
Before the actual application was made the judge stated there would be no more delays.. Not once in two years has Kelley asked for a delay till now and the judge has bent over backwards to accommodate the crown on the behalf of FCSLLG.
"Ontario's Family and Children's Services of Lanark, Leeds and Grenville is reporting going over budget $792,292 in what they're calling a budget shortfall then claim to be the victims in a ransomware attack...
FCSLLG : Annual Report 2016–2017.
Over the course of this year, one unexpected challenge the agency is still managing is related to a whistleblower informing the public to unprotected client information on our private website hosted on a US server (about as far from an internal server as you can get) that the agency was using as a sharing platform with other unnamed agencies and to make it easier for board members to access without a password. This challenge has remained an ongoing issue.
The costs associated with this breach and a totally unexpected massive increase in the costs of placements in group homes for the 198 children currently in our care led to an un-forecasted shortfall of about $792,292, though most of the increase is in the still mounting costs of stalling tactics, dirty tricks and corrupt lawyer fees in the upcoming $75 million dollar class action lawsuit - and this after many many years of generating enormous surpluses that we feel more than makes up for this unfortunate situation.
Representing the Children's Aid Society (FCSLLG) in the class acton is Fasken, formerly Fasken Martineau DuMoulin, an international business law firm with approximately 700 lawyers and offices in Vancouver, Surrey, Calgary, Toronto, Ottawa, Montréal, Québec City, Beijing, London and Johannesburg.
We continue to collude and collaborate with appropriate partners in the cover up and will continue to do so until all aspects of this matter are secretly resolved in the months ahead.
Any parties interested in reading the technical reports provided by FCSLLG's own expert on what really happened may not request or view the technical documents and you'll just have to take our word for what happened till it's revealed in the lawsuit.
There has also been much change in our management team with about half of the service managers being recently demoted and transferred away from front line positions.
Our leadership development activities are geared to prepare internal succession after no one answered our job "opportunities" ad, and all new managers have been in direct services with our organization – thus there is change but also continuity.
Over the past year a few employees have retired, some are off on maternity leave or suddenly left extended vacations while others have left to pursue their careers elsewhere like rats fleeing a sinking ship.
About 70% of our Family Services workers have less than 2 years of experience with the organization or anything beyond a general two year diploma in social work. The agency's other service functions have proven more stable though we're unable to say what they are.
Also the agency has preemptively requested that the Ministry of Child and Youth Services conduct a financial review.
FCSLLG : Annual Report 2016–2017:
https://www.fcsllg.ca/wp-content/uploads/2018/02/FCSLLG-Annual-Report-20...
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"Ministry CyberSecurity Experts Swoop in to Add Security, Plug Holes and Wipe Malware."
Lemay says his agency didn’t pay up. He says it used an offline backup of computer files to get the agency up and running again in about eight hours.
Lemay says the ransomware attack cost his agency $100,000 to fix, an expense covered by his agency’s “cyber insurance.”
https://www.thestar.com/news/insight/2018/02/22/ransomware-attacks-hit-t...
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"Family and Children's services of Lanark, Leeds and Grenville faces $75 MILLION DOLLAR negligence suit."
The criminal trial had been previously scheduled to happen through August 8th to the 18th but was canceled after the Perth crown was forced to admit the alleged victim of the hack was unprepared to go to trial and testify after Kelley refused the second of four offers to plead guilty for a slap on the wrist and one request to sign an agreed statement of FCSLLG's version of the facts presented by the crown.
Lemay admits the report was on the FCSLLG's website but says it was hidden behind several layers of security including a password given only to the organization's board of directors.
"We suspect it was a hack. It might not have been a sophisticated one," says Mr. LeMay, the organization's executive director and I suspect that is the case," he adds.
"The court process will determine whether there was negligence or not." I think that's the ultimate question.
According to the suit, the personal information of the 285 clients was compiled into an electronic file, prepared for the service’s board of directors on new cases arising between April and November of 2015, but was not properly secured on the agency’s network.
This made the list publicly available to anyone, they said, and in her affidavit Denham explained how she came into possession of the sensitive and confidential documents.
She said she found and clicked on an unrelated document on the website intended for the public. She deleted a portion of the URL, and she was taken to a directory of folders with documents, within which she found the document with the names of local families.
She said she was never asked a username or password and was never faced with any security measures that impeded her ability to access the documents.
She said she attempted multiple times to advise the agency the confidential documents were available on the public website, beginning in February 2016, but the documents were still publicly available by late April 2016. This is when she decided to post the location of the report on the Facebook group where she claims she posted an image of a hyperlink, which was deleted by the group’s administrator within hours.
By Sabrina Bedford, The Recorder and Times
Friday, December 15, 2017.
http://www.recorder.ca/2017/12/15/fcs-faces-negligence-suit
Lemay, who had retired in 2014, said there was a previous breach of the agency in February which did not involve the release of confidential information. The person responsible was a children’s aid client who has been embroiled in a campaign against the agency, including posting hours-long YouTube videos of her interactions with members of the staff.
Lemay said a third party had been called into tighten security on the agency's own website hosted by a US server that deletes all logs every 30 days and not the board portal as had been claimed, but declined to discuss details because the matter is before the courts.
Why not ask the ministry's cyber security experts for help?
Lemay says the report in question is not "typical" of the work FCSLLG does or the documentation it keeps. He also says the organization has no reason to believe any of its other clients had their personal information compromised.
http://www.cbc.ca/news/canada/ottawa/family-children-services-facebook-p...
WHEN EXECUTIVE DIRECTOR FOR FCSLLG RAYMOND LEMAY SAID HIS AGENCY HAD MULTIPLE LAYERS OF SECURITY PROTECTING THEIR CLIENT'S INFORMATION DID HE MEAN FCSLLG EMPLOYS SOMETHING LIKE THIS DEVICE?
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In 1976 the Law Reform Commission, formed by the Minister of Justice endorsed a working paper, The Meaning of Guilt – Strict Liability. It endorsed that negligence should be the minimum standard of liability for regulatory offenses.
Also addressed was what the court termed “public welfare offenses” which is part of the English common law. There was a bit of crossover between the absolute liability offense and the public welfare offense. An example given by the court was the Alberta Highway Traffic Act which provided that a judge could find a violator not guilty if the offense was “committed only by accident or misadventure and without negligence and --->>> could not by the exercise of reasonable care of precaution have been avoided.”
"Family and Children's services of Lanark, Leeds and Grenville faces $75 MILLION DOLLAR negligence suit."
By Sabrina Bedford, The Recorder and Times
Friday, December 15, 2017.
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Lemay admits the report was on the FCSLLG's website but says it was hidden behind several layers of security including a password given only to the organization's board of directors.
"We suspect it was a hack. It might not have been a sophisticated one," says Mr. LeMay, the organization's executive director and I suspect that is the case," he adds.
"You have to go through the back door. You have to be looking for this," he says. (Funny how Mr Lemay just assumes Kelley was looking for "it" when she found the list with her name on it.)
"The court process will determine whether there was negligence or not." I think that's the ultimate question.
WELL MR. LEMAY YOU CAN'T HIDE ANYMORE - IT'S TIME TO PUT YOUR MONEY WHERE YOUR MOUTH IS AND GET ON THE STAND AND FACE CROSS EXAMINATION.
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According to the suit, the personal information of the 285 clients was compiled into an electronic file, prepared for the service’s board of directors on new cases arising between April and November of 2015, but was not properly secured on the agency’s network.
This made the list publicly available to anyone, they said, and in her affidavit Denham explained how she came into possession of the sensitive and confidential documents.
She said she found and clicked on an unrelated document on the website intended for the public. She deleted a portion of the URL, and she was taken to a directory of folders with documents, within which she found the document with the names of local families.
She said she was never asked a user name or password and was never faced with any security measures that impeded her ability to access the documents.
She said she attempted multiple times to advise the agency the confidential documents were available on the public website, beginning in February 2016, but the documents were still publicly available by late April 2016. This is when she decided to post the location of the report on the Facebook group where she claims she posted an image of a hyperlink, which was deleted by the group’s administrator within hours.
http://www.recorder.ca/2017/12/15/fcs-faces-negligence-suit
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"From the right to know and the duty to inquire flows the obligation to act."
READ MORE HERE:
https://www.facebook.com/421903944686042/photos/?tab=album&album_id=8451...
STAY TUNED FOR ALL THE SHOCKING FACTS TO BE REVEALED IN THE UPCOMING TRIAL.
You know what they say, "If the glove don't fit you must acquit" and the facs don't fit the charges. I can think of $75 million reasons why fcsllg would lie and claim they were hacked, can't you? Only this time they're not in Kansas anymore and they can't just swear an affidavit that they had security and they were hacked.
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