Minister of Education, Bolduc promises to close illegal religious schools.

UPDATED

Six écoles illégales connues de Québec.

By Philippe Teisceira-Lessard | La Presse | 11 juin 2014 à 05h00.

Alors que le nouveau ministre de l'Éducation lance des appels à la dénonciation contre les écoles religieuses illégales afin de les fermer, le gouvernement dispose déjà d'une liste d'une demi-douzaine d'établissements qui agissent complètement en marge de la loi, a appris La Presse.

Dans plusieurs cas, Québec est informé de leur existence depuis des années sans toutefois que des poursuites aient été lancées.

La liste est essentiellement composée d'écoles illégales destinées aux enfants de confession juive orthodoxe. Elles se trouvent à Outremont, à Boisbriand et ailleurs dans la province.

Des visites du ministère semblent avoir eu lieu dans tous ces établissements, mais des procédures judiciaires n'ont été entamées qu'à l'encontre de l'une d'entre elles: l'Académie Yeshiva Toras Moshe de Montréal. Si l'on exclut de cette liste l'école de la secte Lev Tahor - en exil - quatre écoles fonctionnent toujours sans être inquiétées par des procédures judiciaires de Québec.

Revers judiciaire.

Selon nos informations, un premier échec devant la Cour supérieure dans le dossier de l'Académie Yeshiva Toras Moshe aurait rendu les fonctionnaires extrêmement réticents à retourner devant les tribunaux pour faire fermer d'autres écoles.

En 2011, le juge Gérard Dugré a refusé de fermer l'école d'urgence, en expliquant que la tolérance de Québec avait duré si longtemps - l'école existe depuis 1952 - qu'il n'y avait plus d'urgence à agir. «L'importance du délai écoulé entre 1952 et octobre 2006 constitue un obstacle incontournable dans les circonstances», a écrit le juge Dugré.

Au bureau du ministre de l'Éducation, on assure qu'Yves Bolduc entend être ferme envers les écoles clandestines.

Un comité interministériel d'action sera d'ailleurs annoncé aujourd'hui: le ministre de l'Éducation ainsi que ses collègues de la Justice et des Services sociaux y évalueront de nouveaux outils, «notamment législatifs», à adopter pour lutter contre ces écoles.

«On veut régler le problème une fois pour toutes, d'où le comité interministériel. Toutes les solutions sont sur la table et on veut procéder rapidement», a fait valoir Yasmine Abdelfadel, attachée de presse du ministre Bolduc.

La semaine dernière, le ministre appelait les députés d'opposition à dénoncer toute école clandestine dont ils avaient connaissance plutôt que de critiquer l'inaction du gouvernement dans ce dossier.

M. Bolduc n'est pas le premier ministre de l'Éducation à dire vouloir agir rapidement pour trouver une solution à ce problème. Mais quatre écoles seraient toujours en fonction, sans avoir à se défendre devant les tribunaux.

Deux d'entre elles sont à Boisbriand: l'École juive pour garçons et l'Académie de jeunes filles Beth Tziril.

Dans le premier cas, l'école aurait fait des représentations auprès du gouvernement pour faire valoir qu'elle n'était pas un établissement d'enseignement en bonne et due forme, mais plutôt un lieu où des cours de religion sont donnés. Toutefois, selon l'analyse du MELS, environ 300 garçons fréquentent exclusivement cette école. Le gouvernement connaît son existence depuis au moins cinq ans.

Preuve insuffisante.

Selon nos informations, les avocats du gouvernement ont estimé que la preuve amassée contre l'établissement n'était pas suffisante pour la traîner devant les tribunaux.

Les soeurs et les amies des élèves de l'École juive pour garçons fréquentent plutôt l'Académie Beth Tziril. Ce dossier serait en cours au niveau du ministère de l'Éducation, selon nos informations.

À Outremont, l'Académie Beth Esther avait un permis de fonctionnement il y a encore quelques années, mais l'a perdu depuis. L'établissement continue à opérer de façon illégale depuis. Une visite avec mandat a eu lieu en octobre 2013 et une mise en demeure aurait été rédigée, sans toutefois être envoyée.

La seule école figurant sur la liste du ministère et qui n'est pas de confession juive est l'Église-école mennonite de Roxton Falls, un petit établissement qui accueillerait à peine une quinzaine d'enfants. Une visite avec mandat a eu lieu l'automne dernier.

Trois types d'écoles confessionnelles.

Écoles légales et conformes.

Ces écoles, qui représentent la majorité des écoles confessionnelles, se plient aux exigences gouvernementales. En conséquence, elles ont reçu un permis de fonctionnement à long ou à moyen terme.

Écoles légales mais non conformes

Ces établissements possèdent un permis du ministère de l'Éducation même si elles ne se conforment pas à toutes les exigences gouvernementales. Québec leur remet des permis de fonctionnement à court terme afin de les surveiller.

Écoles illégales

Ces écoles n'ont pas de permis de fonctionnement et fonctionnent conséquemment en marge de la loi. Québec les considère comme «clandestines». Elles sont au nombre de six.

LES ÉTABLISSEMENTS CLANDESTINS

Église-école mennonite

401, rue Notre-Dame, Roxton Falls

Quand nous nous sommes rendus dans cet établissement, en début d'après-midi un jour de semaine, une dizaine d'enfants jouaient au baseball à l'arrière de l'école. Les jeunes filles portaient toutes une jupe longue, et avaient les cheveux relevés en chignon et retenus par une résille noire à la façon traditionnelle des mennonites. Ignorant notre métier journaliste, l'un des enseignants nous a informés que 22 élèves fréquentaient l'école et qu'auprès du Ministère, ils étaient en fait enregistré comme faisant l'école à la maison. L'enseignant nous a fait entrer dans l'école, qui a été emménagée dans l'église. Il y avait là des pupitres et un paravent séparant ce qui tenait lieu de classes, à savoir deux classes multiniveaux. On nous a donné le numéro de téléphone de celui que l'enseignant désignait comme le responsable de l'école. Au téléphone, cet homme a dit ne pas vouloir émettre de commentaires à La Presse. Selon nos informations, l'école privilégierait l'enseignement des travaux ménagers.

Alors que le nouveau ministre de l'Éducation... (Photo David Boily, La Presse) - image 4.0

Académie Beth Esther

1239, avenue Van Horne, Outremont

Selon le rapport annuel 2011-2012 de la Commission consultative de l'enseignement privé, cet établissement offre des services éducatifs depuis 1956, mais ce n'est qu'en 2003 que le Ministère a été mis au fait de son existence. L'école a obtenu son premier permis en 2007, permis qui a été renouvelé à quelques reprises contre la promesse de corriger diverses irrégularités relatives notamment au peu d'enseignants qualifiés et au manque suivi du programme du Ministère. L'école a finalement perdu son permis en 2012. À l'époque, 244 élèves y étaient inscrits. Aujourd'hui, 200 enfants la fréquenteraient encore. La commission scolaire Marguerite-Bourgeoys a envoyé ce printemps une lettre à leurs parents, leur rappelant leur obligation d'envoyer leurs enfants dans un établissement reconnu. Le cas échéant, prévenait la commission scolaire, l'absence d'inscription serait signalée à la Direction de la protection de la jeunesse. Au moment de notre passage, on n'a vu aucun enfant et l'édifice semblait déserté.

Alors que le nouveau ministre de... (Photo Olivier Pontbriand, La Presse) - image 5.0

Académie Yeshiva Toras Moshe

5669, avenue Casgrain, Montréal

Aujourd'hui située dans un édifice de briques rouges très bien tenu, avenue Casgrain à Montréal, l'Académie Yeshiva Toras Moshe donne une éducation religieuse pour jeunes garçons hassidiques de la communauté Satmar depuis un quart de siècle. Depuis 2006, le ministère de l'Éducation demande sans succès à cette école de se conformer au curriculum national, les responsables de l'école tenant à une instruction religieuse intensive. L'établissement n'aurait jamais demandé ni reçu de fonds publics pour assurer son financement. Au moment de notre visite, un matin de semaine, les portes de l'école étaient fermées, mais plusieurs jouets traînaient dans la cour. Les gens du voisinage nous ont indiqué que l'école recevait toujours des élèves. Il n'a pas été possible de joindre Alex Werzberger, qui agit comme porte-parole de la communauté hassidique en général et dans ce dossier en particulier.

École Talmud Torah de Tosh

16, avenue Beth-Halevy, Boisbriand

Construite au début des années 90, l'école Talmud Torah accueille, six jours par semaine, quelques centaines de garçons de 3 à 13 ans. Pourtant, elle n'a jamais demandé ni obtenu de permis d'enseignement du ministère de l'Éducation. «Ça n'a rien à voir avec une école: c'est seulement de la religion», déplore Shifra, une femme qui a quitté la communauté juive hassidique Kiryas Tosh il y a près de cinq ans, avec son conjoint et ses enfants. Son garçon a déjà fréquenté l'école Talmud Torah, où l'on ne fait que réciter des textes religieux. «Après l'école, en option, les garçons peuvent prendre des cours de mathématiques et d'anglais, mais c'est vraiment la base, niveau 1re année», explique Shifra. À partir de 13 ans, les garçons fréquentent l'école voisine. Là aussi, on n'y enseigne que la religion. Lors du passage de La Presse, c'était jour de fête religieuse, et les enfants n'étaient pas à l'école. À l'intérieur, un vieil homme lisait un épais manuscrit dans une classe. Il n'a pas voulu répondre à nos questions. L'école accueille aussi un centre de la petite enfance de 80 places reconnu depuis 2005 par le ministère de la Famille.

Alors que le nouveau ministre de... (Photo Marco Campanozzi, La Presse) - image 7.0

L'Académie des jeunes filles Beth Tziril

251, avenue Beth-Halevy, Boisbriand

De 1995 à 2013, le ministère de l'Éducation a non seulement délivré un permis d'enseignement à l'Académie des jeunes filles Beth Tziril, mais il lui a aussi versé des subventions. Lorsqu'il renouvelait le permis, le Ministère le faisait pour de courtes durées, et à diverses conditions. En 2012, seulement 3 professeurs sur 24 détenaient une autorisation d'enseigner, peut-on lire dans le rapport de la Commission consultative de l'enseignement privé. L'école accueillait alors 380 jeunes filles de niveau préscolaire à secondaire. Selon Shifra, une membre défroquée, les filles récitent des textes religieux le matin et étudient d'autres matières, comme le français ou l'anglais, en après-midi. «Contrairement aux garçons, qui sont coupés du monde pour se concentrer sur la religion, les filles doivent apprendre à se débrouiller, parce que ce sont elles qui vont faire les courses», explique-t-elle. En juin 2013, le Ministère a refusé de renouveler le permis de l'école. Rencontré devant chez lui, un administrateur de l'établissement, Shimshon Huss, a défendu l'enseignement qu'on offre dans les écoles de sa communauté. «Ça fait plus de 100 ans qu'elles existent, a-t-il dit. J'ai moi-même été élevé dans une école comme celle-là, à Montréal.» L'Académie Beth Tziril accueille aussi un centre de la petite enfance de 80 places depuis 1997.

Alors que le nouveau ministre de... (Photo Marco Campanozzi, La Presse) - image 8.0

L'école de la communauté Lev Tahor

580, rue des Bouleaux, Sainte-Agathe-des-Monts

La communauté hassidique Lev Tahor a fui Sainte-Agathe-des-Monts il y a plus de six mois, mais il est encore possible de visiter son école, qui a peu changé depuis l'exil du groupe à Chatham, en Ontario. Le bâtiment blanc de deux niveaux ne paie pas de mine. Il est aujourd'hui en vente, comme 16 autres bâtiments appartenant à la communauté. «Les transactions se font à 40% du prix demandé», souligne le courtier immobilier Henri Primeau. À l'étage, cinq minuscules pièces accueillent chacune de cinq à huit vieux pupitres en bois. Lorsqu'elle a fui, la communauté achevait la construction d'une toute nouvelle école de quatre étages, construite, comme la première, en zone résidentielle. Au troisième étage du nouveau bâtiment, des centaines de livres de prières pour enfants encore emballés sont empilés. La communauté Lev Tahor a admis que ses enfants recevaient une éducation religieuse; son école n'a jamais détenu de permis d'enseignement. La communauté Lev Tahor compte environ 200 membres, dont plus de la moitié sont des enfants. Quatorze d'entre eux sont au coeur de procédures judiciaires entreprises par les services sociaux du Québec et de l'Ontario.

- Catherine Handfield

New Quebec gov’t may crack down on ‘illegal’ chassidic schools.

Janice Arnold | The Canadian Jewish News | Friday, May 2, 2014

MONTREAL — Quebec’s new education minister appears to be ready to take a tough stance against chassidic schools that continue to not comply with the law.

In response to questions, Yves Bolduc told reporters on April 30 that the government will cut subsidies to any such schools and take legal action to close them if that doesn’t work.

“What is important is that the students have to have a very good education, and they must acquire the knowledge that is necessary,” he said before entering a cabinet meeting at the National Assembly.

“The bottom line is that a Quebec schoolchild must receive the courses prescribed in the law.”

The issue of “illegal” Jewish schools has been raised again in the Quebec media after a couple that left the Tash chassidic community in Boisbriand told Radio-Canada that one of the main reasons was the inadequate secular schooling their children received.

The Lev Tahor sect’s flight from Ste. Agathe to Chatham, Ont., last November has also put chassidic schools under renewed scrutiny. Its leaders cited an inability to conform to Quebec’s mandatory school curriculum because it conflicts with their religious beliefs as the prime factor for the departure.

About a half-dozen chassidic schools have been under scrutiny by the education department since at least 2006. Bolduc’s Liberal predecessor Michelle Courchesne spent years in negotiation with the schools to try to find a way they could abide by the law. She issued an ultimatum that they would be taken to court if they did not.

In 2010, the government obtained a court injunction to shut down the 60-year-old Toras Moshe Academy, a boys’ elementary school under Satmar auspices. That case is still under appeal.

The schools say they don’t fully teach the mandatory curriculum because it either is at odds with their religious beliefs or, especially in the case of boys, so much time must be devoted to Jewish studies.

Some schools have also been found to employ uncertified teachers or to even have no permit to operate. Not all receive public funding. Nevertheless, every school must abide by the law.

Alex Werzberger, president of the Coalition of Chassidic Organizations of Outremont, is outraged, but more by certain media than by Bolduc.

Werzberger said most schools have done what they can to abide by the law, but some things are not negotiable. These include teaching the theory of evolution, certain works of literature and the prescribed “Ethics and Religious Culture” course, which teaches about other faiths and is mandatory for both elementary and high school students.

Nevertheless, he bristles at the description of any school as “illegal.”

“There are no crooks here. No one is clandestinely holding classes in a basement,” he said.

He said the chassidic communities have not received any new directive from the Liberal government, which took office last month.

Werzberger believes some reporters were trying to corner Bolduc into saying what they wanted to hear.

“He also said to them that he’s only six days on the job, that he doesn’t know the file that well, and to get back to him in three or four weeks.”

COMMENT

Passepartoute

I believe Ms Arnold is mistaken. The government failed in its attempt to shut down the Satmar's Toras Moshe Yeshiva which, incidentally, neither seeks nor receives any government funding. See Superior Court Justice Gérard Dugré's 2011 judgment which categorically demolishes the government's case. 

I am not aware of any other ruling in this matter. The "organized" Jewish community can learn a thing or two from Justice Dugré's decision - about faith and commitment and the exercise of religious freedom.

Minister of Education, Bolduc promises to close illegal religious schools.

By Régys Caron | TVA News | First published April 30, 2014 at 2:21 p.m.

The new Education Minister Yves Bolduc pledges crackdown against illegal religious schools.

"Illegal schools cannot remain open," said Mr. Bolduc Wednesday morning on arrival at the Council of Ministers. The Minister of Education responded to a report indicating the existence of schools Lev Tahor sect that do not provide their students the primary and secondary curriculum prescribed by the Ministry of Education.

"The baseline is a Quebec student must receive courses under the law," said Yves Bolduc. Schools covered by the minister are divided into two categories. There are those that are subsidized by the Ministry of Education and which depart from the Act on Public Education. The ministry then proceeds through warnings and renews permits for limited periods (one year) as long as they comply with the Act. Then there are the downright illegal schools whose existence is ignored by the ministry.

According to the figures provided by the Ministry of Education , the State subsidizes this year 16 private Jewish  schools, four Muslim schools, three Armenian schools and a Greek school. There are also five Muslim unsubsidized private schools.

"La Presse" reported last summer [Ultimatum à quatre écoles hassidiques] that the Department of Education threatened to close four private schools that hosted 2,000 Hasidic Jewish children. It reported the presence of untrained teachers and the lack of required science and computer labs. The Education Minister Marie Malavoy had agreed to give them another chance.

Previously, the Liberal Ministers of Education Jean-Marc Fournier and Michelle Courchesne promised to close illegal schools.

ORIGINAL ARTICLE

Ministre de l'Éducation Bolduc promet de fermer les écoles religieuses illégales.

By Régys Caron | TVA Nouvelles | Première publication 30 avril 2014 à 14h21

Le nouveau ministre de l'Éducation Yves Bolduc promet de sévir contre les écoles religieuses illégales.

«Les écoles illégales ne peuvent rester ouvertes», a déclaré M. Bolduc mercredi matin à son arrivée au conseil des ministres. Le ministre de l'Éducation réagissait à un reportage signalant l'existence d'écoles de la secte Lev Tahor qui ne dispensent pas à leurs élèves les programmes d'enseignement primaire et secondaire prescrits par le ministère de l'Éducation.

«La ligne de base, c'est qu'un élève québécois doit recevoir les cours prévus par la Loi», a précisé Yves Bolduc. Les écoles visées par le ministre se divisent en deux catégories. Il y a celles qui sont subventionnées par le ministère de l'Éducation et qui dérogent à la Loi sur l'instruction publique. Le ministère procède alors par des avertissements et renouvelle les permis pour des périodes limitées (un an) sous condition qu'elles se conforment à la Loi. Puis il y a les écoles carrément illégales dont le ministère ignore l'existence.

Suivant les chiffres transmis par le ministère de l'Éducation, l'État subventionne cette année 16 écoles privées juives, quatre écoles musulmanes, trois écoles arméniennes et une école grecque. Il existe aussi cinq écoles privées musulmanes non subventionnées.

«La Presse» rapportait l'été dernier que le ministère de l'Éducation menaçait de fermer quatre écoles privées qui accueillaient 2000 enfants juifs hassidiques. On y rapportait la présence de professeurs sans formation et l'absence de laboratoires scientifiques et informatiques requis. La ministre de l'Éducation Marie Malavoy avait accepté de leur donner une nouvelle chance.

Auparavant, les ministres libéraux de l'Éducation Jean-Marc Fournier et Michelle Courchesne avaient promis de fermer les écoles illégales sans passer aux actes.

Quebec to stop subsidizing illegal Hasidic Jewish schools.

Caroline Plante By Caroline Plante | Global Montreal | April 30, 2014 4:09 pm

QUEBEC CITY – Quebec’s newly elected Education Minister, Yves Bolduc, announced that he will stop government subsidies of illegal Hasidic Jewish schools.

“We have to close them, they are illegal, it’s as simple as that,” he said.

“What is important is that the students have to have a very good education, and they must acquire the knowledge that is necessary.”

Bolduc also indicated that he likely won’t force school boards to pay back $100 million to property owners. Last year, school boards hiked school taxes by as much as 30 per cent in some areas.

The Parti Quebecois asked the boards to reiumburse taxpayers, putting the request into a bill.

However, the bill died on the order paper when the election was called last March.

Not such a smooth transition

As the recently elected MNAs settle into their new jobs, Health Minister Gaétan Barrette has discovered that the transition isn’t going as smoothly as he had hoped.

“For someone who is always about ethics and all that, it’s quite surprising to see that she’s done that,” he told reporters.

The MNA he defeated in La Pinière, Fatima Houda-Pepin, left his riding office completely barren.

She destroyed all the local files, stating confidentiality reasons. Former Parti Quebecois leader Pauline Marois did the same in Charlevoix....

See also:

Ces hassidiques qui fuient les écoles illégales.

Radio-Canada, Édition Montréal | Mise à jour le mardi 29 avril 2014 à 18 h 44 HAE

"The Immigration Attorney: Guidy Mamann."

The Immigration Attorney: Guidy Mamann. | AMI Magazine | April 9, 2104 9 NISSAN 5774. pp. 188-195.

What's your specialty?

I'm a certified immigration specialist.

You're located in Ontario?

Yes, in Downtown Toronto.

Are the issues between Quebec and Ontario an immigration one?

No. The immigration issue is a matter of federal jurisdiction. The immigration issue arises from the fact that most of the parents are either American or Israeli citizens. However, because these families have been in Canada for so long now, the vast majority of their children are Canadian citizens because they were born on Canadian soil. The parents enjoy only temporary status which has been extended from time to time, The question now arises, given all the difficulties that community has faced, is where is the best place for these families moving forward, Canada or some other place?

Every country has its own immigration laws and requirements and any country that the group might consider as a future home must take into account those laws and abide by those laws.

The issue between Quebec and

---pg. 188

Ontario arises only in connection with the alleged child protection issues. Each province has its own family laws. Since the group moved from Quebec to Ontario there is a question as to which province's laws apply. The parents of the children prefer to have Ontario law apply.

Lev Tahor told me the Canadian government sent people to pick them up in Trinidad and return them to Canada. Is that true?

Yes. That's true.

Is that unusual?

I would call that highly unusual. I don't know that it's unprecedented. But I don't recall in my 28 years of practice something similar to that.

Why did the government feel that it was so important to do that?

It's hard to say, but I think the government didn't want the public to get the idea that a court order could be ignored without any consequences. It wanted the court order to be enforced and dedicated the resources that it needed. The more usual procedure would be for our government to contact the authorities abroad and inform them of our concerns and have them return the traveller(s) to Canada. But in this case the Canadian government just sent people to apprehend the children.

Is that a violation of international law?

It depends. If Trinidad was in agreement with them to let them on their soil - which I assume they were - then it's not a problem. Of course, if they did it against the will of the Trinidadian government then it would constitute an invasion of their sovereignty. But I suspect they were working together and Trinidad was willing to do anything to make Canada happy. We have a large population of immigrants from Trinidad in Canada and the countries enjoy good relations. Trinidad probably didn't want to spoil those relations and so allowed our officials to do as they saw fit.

Did they come in by Air Force plane?

I was there after the plane arrived. I didn't see the actual plane. And even if I did, I don't know if I'd be able to tell if it was a commercial aircraft or one belonging to our government or military. I understand from media sources, that it was a plane chartered by the Canadian government.

I was wondering what your feelings are about the case itself. It seems to me that the government doesn't have anything and they're trying to build up a case against these people?

I think you're on the right track. The evidence is very difficult to recognize. There are mountains of allegations, but there doesn't appear to be any evidence there that would justify these very extreme measures. What we understand is that there were two members who left the group. One of them was trying to obtain custody of his children. His wife decided to remain in the group, but he didn't want to stay. We understand that he is the source of the initial allegations of child neglect or abuse. We understand that he went to the authorities and said this is a cult and there's abuse going on. And he did that to assist his efforts to seize custody of his children from his wife. And I understand he was successful and did get custody.

When one makes such serious allegations, obviously the authorities will be summoned and will come investigate. I think the child authorities immediately ruled out the more sinister allegations, but continued to investigate. One of the major issues that arose, mind you many years after the group's initial arrival in Canada, is that these children were not being taught the Quebec school curriculum and the Quebec government was not going to tolerate that.

The child welfare authorities alleged that the children were thus receiving an inadequate education.

Quebec also alleged claims that the children were being systematically harmed. Such behaviour would be virtually unheard of in a chareidi community of which I have visited many in my life. For example, I've never known any such community, as a group, to be starving their children. It makes no sense. Children's authorities came to the Lev Tahor village many times and photographed the cupboards, fridges, and freezers and found the cupboards full. That's what I saw when I went to visit them.

One of the other concerns was about marrying the children at a very early age. There was an allegation that one girl was married at 15, when the minimum legal age is 16. This allegation has not been proven and from what I have been told can be easily disproved. Nonetheless, it

---pg. 189

was widely reported that Lev Tahor systematically married girls off at that age.

The real problem here is that the Quebec government is insisting that these families return to Quebec and do something that is impossible - that is to teach their children things that are against their deeply-held religious beliefs and conscience. The Quebec curriculum teaches that man is the product of evolution and they don't want to teach their children that. They believe that Hashem created man in his image. They don't want them taught immodest subjects required by Quebec standards. Also their language of instruction is usually Yiddish or Hebrew and not French. There certainly are some issues to be discussed here. But, in retrospect, these children should never have been taken to Quebec. They should have been taken to Ontairo, which has a much more flexible approach to eduation. In Ontario, parents are free to home school thier children and are not bound to a strict curriculum like in Quebec. Obviously, this is a much better environment for these children to be educated in. The problem is that when Quebec authorities started enforcing their education laws a year or two ago, the Lev Tahor parents took it upon themselves to remove the children to Ontario where they could choose their own curriculum for their children.

This is when the trouble really began. Quebec chased them to Ontario. The group leaders believed they should have a right to live in Ontario. Unfortunately, Quebec pursued them to Ontario and felt committed to stand strong and prove its point that these children are subjects of the Quebec government and should be educated and "protected" in Quebec. That's a matter of politics which should never be a part of a child protection analysis.

These parents are just like all of us. They love their children. They feed their children. They educate their children. The contention that their children are not being educated properly is so ridiculous that it's hard to listen to. When I was there, I had a meal with one of the families. I bentched after the meal from my iPhone. One of the children was intrigued to see me bentching from my iPhone. He must have been six years old or so and so cute. A big smile, long peiyos and very friendly. He asked me if I had the Torah on my iPhone. I showed him that I did. He got so excited. His father said, "He knows the whole thing by heart." I said, "There's no way that's possible." The father insisted. So I randomly picked a posuk to start, and the child continued reading by heart. I was shocked. I repeated this twice. All three times the little boy continued reading from memory from the random passage, from different parshios, that I randomly selected on my iPhone. The boy's father told me that all of his boys are capable of doing that. Which Jewish father wouldn't beam with pride? Their level of education is extraordinarily intense. These are children who devote all of their time to study. Their parents choose to teach them certain things and not other things. I think that's what all parents do, concentrate on the good and avoid the bad.

The kids have never suffered from this type of Torah-intense education. They're self-sufficient. They're not on welfare, They're not on the street begging for money. Their parents know how to teach their children within their own community and that education serves them very well. This is a peace-loving community that isn't involved in criminal activities or immoral conduct. They're very social people. They're

--pg. 190

people who believe in a pure lifestyle, unhindered by some terrible influences that many of our children are subjected to today. They choose to live in a small community "on the farm" and teach their children that which we've been taught for thousands of years.

There's no question that they have made many, many more efforts to cooperate with the Quebec government. It looks like the Quebec government is determined to have its way with these children, at any cost. I have no doubt if these children would stay in Ontario they'd have no problems at all. They could continue to be taught in the way of Torah and mitzvos and it would be just great. A lot of their neighbours in Chatham are very supportive. They make absolutely no trouble in the wider community.

For some bizarre reason, Quebec wants them back, even though these families have found a wonderful community to settle in Ontario. It would be hard to fathom that somehow these children would be in peril if they'd be allowed to remain in Ontario. It's just impossible to believe that Ontario cannot ensure the well-being of these children as well as Quebec can. We have as good as set of child laws in Ontario as they have in Quebec. And whether they learn evolution or not is not in any way a justification to say that these children are in need of protection and separation from their parents.

--pg. 191

Is Quebec crossing a legal line?

That's for the courts to decide. But I will say that we understand that child welfare organisations need to be able to enforce child protection laws. We understand that Quebec doesn't want to appear emasculated publicly. They were dealing with this whole community and now they disappear to Ontario. I understand their nose might be out of joint for that. However, this is not a community where they found children tied up in basements. I'm not sure if Quebec crosses a line. I'm an immigration specialist, not a child law specialist. But Quebec could easily have said to Ontario that if for whatever reason Ontario is more compatible for them, that's fine. Here's the summary of what we have found, these are things you should be looking at, deal with it. I'm sure Ontario would have gladly done that. Quebec is trying to make a point that they must be returned to Quebec when it is not in the best interest of the children to do so. The law in Canada is very clear that the best interest of the children must always be a primary consideration in any ruling that affects children. It does not appear that this is what Quebec is doing here.

The members of this community have found a beautiful, picturesque, and friendly place in Chatham where they are allowed to have more say in the way they want to educate their children. And, at the end of the day, that's what we're really talking about. None of these other sensationalized allegations have borne any kind of credibility.

When I first saw this story about the Lev Tahor in the media, it broke my heart. Our Jewish DNA is 99.9% the same. We keep the Torah, we want to teach our children our heritage of thousands of years, we don't want them to be influenced by negative sources, and we want them married off to the right person. The only thing that distinguished us is a political one. It has nothing to do with the welfare of our children. The Lev Tahor believe that we Jews should wait for the Mashiach to arrive before returning to Israel, The vast majority of Jews, including myself, strenuously disagree and believe that Israel is ours and needed to be reclaimed immediately, especially after seeing six million perish in the Shoah. The group's opposition to Zionism is the only difference between them and mainstream Judaism. Yet our Jewish DNA remains 99.9% the same.

Someone told me an allegation that if someone is out of line with their rules they take a kid from one home and put him in another or lock him up in a basement. Do you think there's any truth to that?

Was that allegation made in Quebec or Ontario?

I think in Quebec.

When I was in Chatham all I saw were small above ground cottages. I can't say, but I'd be surprised if any buildings in Quebec had a basement. I'm a lawyer. By training I don't believe anything until I see proof because I have

--pg. 192

seen so many trials where parties allege something that is later proven to be manifestly untrue. Do I have any proof that this did not occur? Absolutely not. Do I have any proof it didn't? Absolutely not. However, would it be consistent with what I've seen in the community? Not at all.

If we're talking about a single child who was seen to have been punished inappropriately once or twice by his parents, that  child and his parents need to be addressed according to the law. They should be brought to court and the allegations proven so that we can deal with it. But I don't believe that allegation is one that is systemic, that all of Lev Tahor do this kind of thing. The parents can be counseled and could receive culturally appropriate training. We don't have to take their kids away. I categorically do not believe that this is a widespread problem because it's inconsistent with their values. The children I saw were all friendly and seemed very well-adjusted. And if there is such an allegation, let it be brought be brought to court and dealt with on an individual basis and not on a wholesale basis.

I said the irony is that they say these people don't have normal feelings towards their children, yet they abandoned their home for their children.

I find it shocking how quickly one Jew can believe that a whole group of other Jews - religious Jews - is behaving in a manner completely contrary to our core values. So many have refused to give their fellow Jew the benefit of the doubt. Some have already passed judgement when the allegations have not even been brought to court. It is a very sad state of affairs. We must learn not to be so quick to judge.

I have four daughters of my own. I would never ever try to help parents whom I believe are harming their children. Why would I defend them if I believed that story? When I was in the village, many children interacted lovingly with their moms and dads. They behaved completely normal. When I pulled up they ran to my car very inquisitively. These are normal, everyday children. It bothers me when people who aren't familiar with frum communities are quick to judge based on their appearance and "odd" lifestyle. I can't blame them so much but it's hard for me to believe that Jews, who know these types of communities, can jump to such conclusions so quickly with the rest of the world. I'm wondering if such Jews, including some of our Jewish leaders are not doing a great disservice to our community. Unless they've been to the community themselves, I don't see how they can reach such conclusions.

Why is this community facing hostility?

There are other orthodox sects which are anti-Zionist. However, they do not pose a serious existential threat to Israel since they are so insular. They don't really seek to recruit from outside their ranks. However, Lev Tahor's Rebbe is a chozer b'teshuvah and welcomes all Jews. So theoretically speaking, he would

--pg. 192

constitute a much greater threat to Israel since the pool of recruits is huge.

How much do you think Israel is involved?

The government of Israel is under attack from everywhere - geographically, economically, from every corner. I suppose it cannot be too comforting to see Jews abroad espousing anti-Israeli sentiment.

I would suggest that the government of Israel's number one objective is to provide safe harbour to Jews all over the world, regardless of political affiliations. I don't think we get to choose as a nation which Jews we protect and which we don't. It bothers me to hear that some Jews are worth protection and others, not so much simply because of their political views, I am as strong a Zionist as you can find, but politics will not prevent me from coming to the rescue of a fellow Jew in need.

Is there a point when we can get American congressmen involved to say Canada is violating human rights?

I think we can do so immediately, since many of the Lev Tahor members are, in fact, American citizens. Right now, one couple had their four children taken away when they got back from Trinidad, There's no evidence at all those children were being abused or neglected. The parents have never been accused of harming their children. These are people who spent every waking moment caring for their children. It's hard to believe that a country like ours has now basically made these people captives in Canada because they don't want to teach their children the Quebec curriculum.

Where did they put these children?

Neither the parents nor I know. They were taken away suddenly, without even a change of clothing. I had to take some bags of clothes from Chatham and kept them in my car for a few days until local child welfare authorities authorized the change of clothing. No one in Lev Tahor knows where they are.

I understand that's what you do when the parent is highly abusive. But that's not the case here.

Are they in a Jewish home?

I have no idea. But even if they were, I don't know how comforting that would be for the children. It might not be providing them any comfort at all. Every small child would be traumatized by being separated from their parents' home and placed in a stranger's home.

Were any allegations of abuse ever proven?

I have not seen read or heard anything to that effect.

So why were they taken away?

The false allegations made against them brought the children's aid people there. They came in with a very suspicious eye and then centered more and more around the educational curriculum.

I think taking away children under these circumstances is meant more to make a statement about the authority of the Quebecois government than to help the children. This is a government that is ready to close a convenience store if the immigrant owner cannot speak French. This is a government that needs to assert its will for whatever social engineering policy it has.

But actually the Ontario government locked them up?

Quebec ran to Ontario and said they have jurisdiction over these children. The law in Canada is that when two provinces claim jurisdiction over a child, the province in which the child is "habitually resident" will prevail. But in this particular case, the judge said even though the children were physical residents of Ontario they are habitual residents of Quebec and under its jurisdiction. That's the only decision the Ontario court made and that decision is currently under appeal since the legal issues in this case are a bit more complicated and technical.

Do you think there's anti-Semitism involved?

It's hard to say if it's anti-Semitism or a fear of the unknown. To some, these are strange looking people with strange ways...

Do you think religious persecution is involved?

It's hard to say. I'd say they're trying to make everybody in Quebec buckle down to the way they see the world. And that includes members of minority religions.

Right now they're making this charter in Quebec where they won't allow people who wear symbols of religious expression to work in the government - like a cross or a kippah. This is social engineering gone crazy.

Crazy or illegal?

We have a charter of rights which guarantees everybody freedom of religion. I believe that charter allows us to teach our children our way of life as long as it's not harming the children. I do believe there is an element of religious persecution here. These are people that just want to go about their business on their own and not teach their children certain things. And I think they should have a right to do that.

Don't you find it offensive that a person is judged by the group he's in rather than the actions he's involved in? How can they say because they have evidence against one family all the other families must be treated in the same way? Where does our legal system ever allow that to happen?

Where should they go from here?

First of all, most of these people are lawful temporary residents here in Canada. If they decide they don't want to stay here, they should be allowed to go back where they came from. If there's evidence that these children were abused, that has to be brought up to a hearing. We are still a country of laws. In each and every case where there are accusations, the state is obligated to prove it. The government's burden of proof is at a very high level because we are talking about the threat of taking away a person's greatest possession - their children.

--pg. 194

If these people decide they want to go back to their country of nationality whether it's Israel or the United States, the Canadian children's welfare authorities simply need to call the children's aid society in Israel and tell them that these people are inbound and that their files will be shared since they are concerned. And that's it. Some of these people are sick and tired of the intense scrutiny and intrusion into their lives here. If they want to go leave Canada, they should be given the opportunity to do just that.

If they have some hard evidence of wrongdoing, let them use the legal process against them as individuals like they would for anyone else. The idea that this community on a wholesale level abuses and neglects children is absolute nonsense.

The other thing that bothers me is the idea that this group is describes as "Jewish Taliban." Taliban are people that don't tolerate any views other than their own and they see their obligation to make everyone out there believe as they do. They kill those "infidels" who stand in their way. This has nothing to do with the values of these people. They don't go about trying to persuade people that theirs is the only way. Besides for women's style of dress choice, there's nothing similar between them and the Taliban. Jews and non-Jews have seized on that and said because they're the Taliban they have the right to take their children.

I've never seen anything like this. For somebody to tell me a chareidi community was starving their children - I even heard an allegation they were hanging children from the trees or something. It's frightening, I'm afraid that there's a common sentiment running through this case and the rest of the Jewish community is standing by saying we won't help them because they don't support the state of Israel. That is wrong.

What happened in court on Friday?
There were actually two different court hearings. In Chatham, the appeal heard the battle of the provinces. The parents of the affected children appealed the lower-court decision that the children should be returned to Quebec.

At the same time, in Toronto, I was arguing for the release of three adults who were arrested at home on Wednesday by immigration officials. The arrests had nothing to do with child protection issues. They were related only to their immigration status which had run out and resulted in removal orders. Unfortunately we didn't have sufficient time to find bondspersons who could sign for them so none was released.

It's sad since one is the father of 10 children, 8 of whom are Canadian-born. The other is the 19-year old father of two children who is scheduled for removal to Israel on April 10th. The third is a 29-year old mother of 9 children, 8 of whom were born in Canada. She is still nursing her youngest child, We were able to arrange to have her baby taken to the detention facility to stay with her so she could continue to nurse him.

Have you run out of legal options for them?
Absolutely not. I think the one thing you can blame the community for is not being all that worldly. They don't know how our legal system works, They don't know how things are handled in this world. And they make mistakes. But they didn't make mistakes with evil intentions. They were afraid for their children and they ran like little children. An adult would hire a lawyer and go to court to prove their innocence. They just ran out of fear. But that just means they need to be taught how this system works. That's why I'm here.

Note: This interview was not published online by AMI Magazine but was transcribed from image files of their printed magazine which were uploaded by Miriam Helbrans. As the community and their supporters face the developments expected in the week ahead, I felt that this interview should be read by as wide an audience as possible. I hope that AMI Magazine will understand my intent and not have any objections. This blog is not for profit and not affiliated with any organisation. If you do have an objection, please tell me so via the website of Miriam Helbrans since this is the only way that I will know that you really do represent AMI. I will remove your content immediately. My apologies for any errors.

Quebec: CROP Survey presents Opinions on Chassidic Jews.

New poll shows that 56% of Quebecers have negative opinion of Chassidic Jews.

By Zvi Hershcovich | Bill613.com

A recent poll, conducted by CROP and published in La Presse, [Le Malaise Musulman. By Louise Leduc | La Presse | 16 March, 2014] surveyed Quebecers asking for their opinions on eight denominations.

The results are very worrisome. 56% of respondents have a somewhat negative or very negative opinion of Chassidic Jews. That is only marginally lower than Muslims (as a whole), who are disliked by 57% of Quebecers.

According to Youri Rivest, vice president of CROP, one reason for the low opinion of Chassidim is the recent negative headlines on Lev Tahor, whom the public considers Chassidic Jews.

Did you ever mistake an Amish person for a Chassid? Or a Chassid for an Amish? Many Chassidim, particularly those who have traveled through rural areas the of the United States, have been mistaken for the traditional Christians who shun much of modern technology. After all, both Chassidim and Amish people are bearded, wear interesting hats, and generally keep to themselves.

Most Chassidim feel this way about Lev Tahor. “I work with a French Canadian,” confided a Belz Chassid from Outremont recently. “When news of Lev Tahor came out, she looked at me and asked, is this the way you all treat your families?”

At a recent event, another Chassid approached me, asking me to clarify on bill613 that even though Lev Tahor may look like Chassidim, they are not affiliated with the mainstream Jewish world and seen as complete outsiders (as evidenced in an excellent Mishpacha article). “It must be made clear that the Chassidic community of Montreal were actually the ones who brought the information about the abuse to the authorities,” he said. “Lev Tahor are not Chassidim.”

Regardless, Lev Tahor have fooled public opinion, as evidenced from this poll. The proposed charter of values probably also contributed to the negative opinion of Chassidic Jews, who have been targeted for years in blogs by Pierre Lacerte and Celine Forget.

A telling number for separating what percentage of negativity came from the charter (rather than Lev Tahor) would be the release of the opinion of orthodox Jews (who were listed as a different denomination, separate than Chassidim. To be fair, reform and conservative were also considered separate denominations). However, those numbers weren’t released.

Nonetheless, the poll did ask francophones their opinion on the banning of religious symbols, and 68% are in favour of it, while only 37% of francophones would tolerate the Yarmulke (compare that to 35% who would tolerate the Hijab).

Also revealing was that 72% of respondents to the poll strongly or somewhat agree that “immigrants must put aside their culture and adopt that of Quebec.” Rivest noted that in English Canada, immigrants are told “welcome home,” but in Quebec they receive a message of “welcome, but do as we do.”

What is clear from the poll is that a majority of Quebecers have negative attitudes toward Chassidim. Will it remain so, or will it drop now that the Lev Tahor drama appears to be over?

Only time will tell, but maybe Chassidim need to figure out some way to change public opinion positively.

---

One of the readers commenting on this post had this to say:

yc says:

April 2, 2014 at 7:51 pm

I strongly agree that positive communication is imperative; I have become close friends with many of my neighbors. Nevertheless, you must know that the vast majority of Quebecois have never interacted with a chassid at all! Consequently, I find the poll data to be the disturbing repercussion of negative media (mis-attributed) and die-hard stereotypes.

"Jewish Lev Tahor has shown Muslims a path of Tahoor (Taharah)."

Religious Jews’ Migration from Quebec: A Lesson for Ontario Muslims.

Posted by Editor on Dec 30th, 2013

By JAWED ANWAR

RELIGIOUS Jews of Lev Tahor (“Pure Heart”) community of Quebec had not been sending their children since long to secular public schools that corrupted the heart, mind and soul of the children. Their children had been unschooled, and parents had been homeschooling them with the help of independent teachers, tutors, and moral educators.

These Jews are doing same thing as 3 million Americans are doing: un-schooling; i.e. managing your children’s education by quitting the school.

Watch the importance of Un-schooling by John Taylor Gatto (Part 1 and Part 2)

Quebec government recently ordered the homeschoolers to teach the secular curriculum in home schooling. This was the good reason and compulsion for these Jews to make hijrah (migration) from the province.

On Monday, November 18th, morning moonlight at 1 a.m., 40 families comprising 200 people boarded a convoy of the buses to flee from their homes. New destination of these families was Chatham-Kent, a town in Southwestern Ontario.

Nacham Helbrans, the son of Shlomo Helbrans, the group’s leader and a rabbi, told the Toronto Star that they were forced out of Quebec over a clash with education authorities regarding the secular curriculum they were being ordered to teach their home-schooled children. Failure to comply could have led to children being placed in foster care —an unthinkable outcome for them, Nacham Helbrans said. The problems began when another of Shlomo Helbrans’ five children, Nathan, reportedly fled the community after a dispute in which he was forcibly separated from his children, and the brood was farmed out to live with other families, according to the Times of Israel. Nathan complained to Quebec’s child protection services.

“To go to the Director of Youth Protection against your own wife, against your own children, just to show that you are the stronger one is not welcomed in our community,” Nacham Helbrans said.

With that threat over their heads for the last six months, they evaluated moves to various provinces across Canada but opted finally for Ontario, whose relative liberty for faith-based schooling and home schooling has been an enticement for other religious communities in Quebec, including Mennonites. In 2007, Mennonite deacon’s small community was locked in a year-old fight with Quebec’s education ministry over their desire to teach their children according to their faith. More than 30 of the group’s women and school-aged children have gone into self-imposed exile in Alexandria, Ont., just over the Quebec-Ontario border, to ensure they can do so.

Lev Tahor sect began in Israel, where Shlomo Helbrans founded his anti-Zionist movement in the 1980s. After the first Gulf War, Helbrans moved his community to New York, where he was convicted of second-degree kidnapping after a young follower fled from his parents.

Upon his release from prison, he eventually re-established his community in Canada.

The men and boys are indistinguishable from other orthodox Jews, women and girls who, from the age of 3, are shrouded head to toe in black robes, showing only their faces, a complete Hijab exactly what Muslim women wear.

The resemblance to the group’s Muslim counterparts is what inspired the “Jewish Taliban” tag, but it is not one that the adherents of Lev Tahor shy away from.

“We are not ashamed of this name,” said Nacham Helbrans, 31. “Just as orthodox is a name for non-Jews beating up on the Jewish path of religion, they do the same thing today with the Taliban.”

However, I feel ashamed when I see the approach of Muslims of Ontario including pure religious and Islamic community who are in post Bill 13 (new Accepting Education Act) era still debating of “disadvantage” of not sending to their children to the public schools. Several Imams and leaders argued in favor of the public schools and fooled Muslims about the Liberal agenda (several of them are members, party paid workers, and liberal gate keepers in the Islamic organizations) of brainwashing the children of public schools from KG.

This is the situation for which a great poet of Islam Allama Muhammad Iqbal by criticizing once said, “Ye who Musalamn hain jinhen dekh ke Sharmayen Yahood” (Jews will be ashamed by seeing these Muslims).

Ontario Public Schools are now perfectly fit not only to change the heart and mind but gender of your children. Watch the Video.

In this scenario Jewish Lev Tahor has shown Muslims a path of Tahoor (Taharah).

It may be surprising for many but that is the fact.

Jawed Anwar can be reached at jawed@seerahwest.com

Quebec: Child Protection Issues Versus Freedom of Religion Issues.

WE ASKED: Is Lev Tahor’s quick exit from Quebec linked to that province’s drive for a secular state, including its proposed Charter of Values that would ban public workers from wearing religious symbols?

“Certainly, here it’s believed that it’s closely related. On the other hand. it’s one of those cases where it’s brought some people to support the charter,” because of allegations — not proven in court — surrounding the treatment of children. “That’s sort of the way the issue is being seen here -- these are crazy people who use their religion to bully their children.”

- Desmond Morton, historian, McGill University, Montreal

It’s not clear where the truth lies about the child-protection issues versus freedom of religion in this case, but Quebec’s proposed charter is sending a message. “Regular people that feel that religion has a particular role they want it to play in their lives, and that manifests itself in some physical way, are being communicated a particular message which is, ‘We don’t want that here.’”

- Cara Zwibel, Canadian Civil Liberties Association. SOURCE

Excerpt from Point de presse de M. Philippe Couillard, chef de l'opposition officielle, et de M. David Heurtel, député de Viau.

"la véritable préoccupation de la population, la menace que représentent, chez nous, l'extrémisme et tous les intégrismes religieux. À ceux qui viennent chez nous pour profiter de nos libertés et de notre démocratie pour ensuite s'y attaquer et ultimement les détruire, nous disons haut et fort : Vous n'êtes pas les bienvenus chez nous, nous vous combattrons, nous vous poursuivrons sans relâche. Nos députés, nos militants sont déjà au travail, et nous proposerons bientôt des moyens efficaces pour lutter contre cette menace qui, elle, est bien réelle."

"...the real concern of the population, the threat posed to us, extremism and all forms of religious fundamentalism. To those who come here to profit from our freedoms, from our democracy, only to later attack them and ultimately destroy them, we say loud and clear: you are not welcome here and we will fight you, we will hunt you down relentlessly. Our members, our activists are already at work, and we will soon propose effective ways to combat this threat, which is real.”

---Philippe Couillard, Parliament Building, Quebec, Wednesday 18, December, 2013. SOURCE

Lev Tahor: "untested before a court".

“I am entirely satisfied that the allegations, although untested before a court, of sexual, physical and emotional harm, and deprivation of the rights of the children to an education are sufficiently grave and serious that intervention of a court is immediately warranted,” the judge said, adding that these children were at risk of suffering emotional or psychological harm.----Superior Court Justice Lynda Templeton.  SOURCE

This post [started March 23, 2014] will be ongoing and will be written as it is written. It will consist of notes reflecting my random thoughts about the Lev Tahor case. It will end as it ends. I want peace and love and justice for all, even when that is what we often continue to work against.

Random Thoughts From My Disquiet.

"Documented allegations."

The wheel is still in spin and with it my feelings about the Lev Tahor case. Despite the flurry around and within, I have not budged one inch from the conclusion which I shared when I first commented on this matter. My position remains that despite the pressure of public opinion, I cannot, and must not, at this point in time and with the evidence that has been made available to us, support any of the allegations which have been made against the Lev Tahor community.

Somehow, despite energetic and intrusive investigations, those allegations of abuse have just stubbornly refused to upgrade themselves to facts. To their credit, the news reporters, though their biases are revealed in other ways, have all been united in respecting that status, and have been careful to use "alleged" and "allegations of" when referring to the stories of abuses under investigation. Sometimes I have seen "documented allegations" used, but that is as far as the envelope has been pushed towards giving the allegations more authority.

I don't feel that I have to apologise for my sluggishness, for the fact that I am handicapped by the lack of evidence. Like the lame child in the story of the Pied Piper of Hamelin, my disability has prevented me from going the way of all the other fleet-footed children who danced gaily behind the Piper and were lost. Also like that child left behind, I cannot help but wonder about the destination from which I have thus far been excluded. Would my disquiet have been erased there?

"Think about the Children!"

I know that accusers, whatever their motivations, are free to make the wildest allegations without evidence and even anonymously. I understand the job of the authorities to act upon those allegations, to investigate and to ensure by finding, or not finding evidence that either the accused are guilty or not guilty. But are the authorities allowed to penalise without evidence? Is this how child protection works in this country? Are the accused guilty until proven innocent? And can children's protective services in Canada really bear the scrutiny now that it is in the spotlight? In the course of my reading I have come across dozens and dozens of articles about the nightmares that have been created by child protection services in this country, and how many innocent guardians and/or their entire families have been traumatised sometimes beyond repair.

Here are a few links if you can handle the disquiet:


Court Watch on Vimeo.

"The Rev Stephen Rudd from Hamilton, Ontario speaks about his experience with the CAS [Children' Aid Society] during his 25 years as a church Minister. He has seen countless horror stories of children and families being abused by Ontario's privately operated CAS agencies.

Rev Rudd believes that the government of Ontario must take the job of protecting children out of the hands of unaccountable CAS agencies and put this task under the direct control of government ministries who would be accountable."

Former director of the Children’s Aid Society of the Districts of Sudbury speaks out. Larry Killens. Letter to the Editor – January 2012. Ontario Commission for Accountability.


The Trailer for the deeply disturbing documentary -  "Powerful as God: The Children's Aid Societies of Ontario." | About the documentary.
Recently added [Via Yakov]: Children’s Aid horrors. By Michael Coren | The Interim | Thursday, April 24, 2014.

Fatal Care Series. The results of a six-month investigation by the Edmonton Journal and Calgary Herald into Alberta's child welfare fatalities. National Newspaper Awards for investigative reporting and news photography.

Barbara Kay: The problem with Children's Aid Societies. By Barbara Kay| National Post | February 27, 2013.

Alberta reveals hundreds more children died while receiving provincial care. Roundtable to review deaths in foster care. By Karen Kleiss. Edmonton Journal, January 9, 2014.

New minister Bhullar says inquiry into deaths of kids in government care not needed. By James Wood, Calgary Herald December 12, 2013

Families will be free to speak about children who have died in care: Alberta human services minister. By Karen Kleiss. Edmonton Journal, February 28, 2014.

The unlawful practice of social work in Ontario by unregulated CAS workers who provide services to the public under false pretence. Published by Vernon Beck, Child and Family Justice Advocate. Working paper – July 1, 2013.

UNDERSTANDING CHILDREN’S AID: MEANING AND PRACTICE IN ONTARIO CHILDREN’S AID SOCIETIES, 1893 - 1912 by Michael Reid. 

A Thesis Submitted to the Department of Graduate Studies in Partial Fulfillment of the Requirements for the Degree Master of Arts Canadian Studies and Indigenous Studies, Trent UniversityJanuary 2009 © Copyright by Michael Reid, December 2008.

"There's A Kind of Hush."

I need to hear some discussion about the "documented allegations" and the contents of the unsealed transcripts released thus far and how they have advanced the case of the accusers. Who has asked aloud, apart from the lawyers for the media, why there was secrecy in the first place? These are the same lawyers who successfully petitioned to have some of the court transcripts unsealed. 

I agree completely with Judge Sheindlin who said:

"....closed courtrooms protect two things – bad judges and bad lawyers.
“They also protect bad institutions that serve those courts, such as social services,” she continued. “They [cameras] should be there as the norm. If you have a specific exclusion, then you make it.”

When finally the transcripts were partially unsealed, we got to read about such pertinent revelations as the "odd silence" heard by the social workers visiting the abandoned Lev Tahor compound. Apparently that "odd silence" has also drowned out the voices that should be asking questions. Apart from the quietly or rabidly convinced, I imagine that the undecided concerned are silently thinking thoughts like: "Where there is smoke, there is fire." "What if it turns out that they are guilty?" "What do we really know about this religious community?" What if they really are a dangerous cult?" "For the sake of the children, we just have to back off, cross our fingers and let justice take its course."

The problem for me is that in this case I find those doubts less disturbing than the "odd silence" that floods my brain whenever I ask myself the question, "Upon whom does the burden of proof rest and have they convinced me beyond a reasonable doubt that they were justified in ordering the removal of people's children?"

Thundering also is the "odd silence" from the legal luminaries and the lack of their enlightening commentary on this case. If, for whatever reasons, they cannot risk being critical at this point, then can they at least reassure us that we should not let our hearts be troubled? Instead, the few who have commented, jumped nimbly on to musings about the terrain of the ongoing chase and how domestic and international law could be used by the hunted or hunter to find refuge or to enable capture. Another reverently espoused the need for secrecy in these cases. With what we know about the appalling actions of child protection services in Canada, I think that secrecy is the last thing that we need in this case. Where are the lawyers who can explain to us how it is that the law presides over the removal of children from their families BEFORE allegations of abuse have been proven? 

I keep wanting to go back to the court order issued in Quebec on Wednesday 27 November 2013 and later, almost as if under pressure, upheld in Ontario. Upon what evidence was that original order to remove the children based? What was it exactly that made the Quebec welfare authorities describe the situation for some children as "serious". How do the rest of us make the leap from things like foot fungus to separation of children from their parents? 

As I said before, couldn't all of this have been resolved with the children left in situ? Can anyone explain to those of us uninitiated in the ways of the law, how the situation "establishes a presumption of neglect against children."

Is anyone sharing my disquiet? Has anyone heard the wider and odder silence? Is there nothing here to be discussed about Canada's handling of this case? Are we looking away until there is a new distracting development in a far away place called Guatemala?

"Objects in the rearview mirror are closer than they appear."

Sharpened now by hindsight is the significance of the 2007 exodus of the fifteen Mennonite farming families from Quebec. What was the disquiet that compelled them to make the drastic decision to abandon their beautiful farms and the solid connections which they had made with the community? Which authority took care then to report with equally dramatic concern on the "odd silence" which their absence must have left upon the landscape of Roxton Falls, east of Montreal?

Like the Lev Tahor community, they also were not adhering strictly to the Quebec curriculum. Because of their religious beliefs, they also could not in good conscience teach their children about ideas anathema to them. It was also alleged that authorities had threatened to remove their children and put them in foster homes.

When they fled to Alexandria, Ontario, where the laws are more accepting, they left behind the homes and farms in which they had invested their labour, love and hopes. Even though the Mayor of Roxton Falls did not want to lose the Mennonites, even though he had praised their contribution to the community and had pleaded on their behalf to Education Minister Michelle Courchesne to allow their school to stay open, eventually they had no choice but to uproot and leave.

See here,  here and here.

"We hoped to grow old here," a tearful Ron Goosen, one of the Mennonites, told CBC News on Thursday. "We have our burial plots and we hoped to be buried here, but it doesn't look that way."

To be continued...