Affidavit: Sandra Scarth

2011
SUPREME COURT OF NOVA SCOTI

Hfx. No. 343536
c ~ ~ r t Administration
FEB 1 7 2012
BETWEEN:
Halifax, N.S.
AUBREY PELLEY and DEANNA SMITH
PLAINTIFFS
-AND-
THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a body
corporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,
representing Her Majesty the Queen in right of the Province of Nova
Scotia
DEFENDANT
Proceeding under the Class Proceedings Act, S.N.S 2007, c. 28
Affidavit of Sandra Scarth
I, SANDRA SCARTH of Brentwood Bay, Province of British Columbia, MAKE
OATH AND SAY THAT:
1. I have knowledge of the matters deposed to below. Where my knowledge is
based on information obtained from others, I have so stated below, and I believe
that information to be true
Background and Qualifications
2. I have worked for a variety of agencies including the Provincial Government of
Manitoba, the Catholic Children's Aid Society in Vancouver, the Children's Aid
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Society of Metro Toronto, the Child Welfare League of Canada and Health
Canada. I continue to provide services on children's issues to a variety of public
and private parties.
3. I have been employed professionally in these various capacitie::; since 1957 after
my graduation from social work school and advanced child welfare training.
4. Attached and marked as Exhibit "A" is a copy of the report I prepared concerning
the Nova Scotia Home for Colored Children. I have addressed the activities,
responsibilities and standards relating to the roles of the Nova Scotia Home for
Colored Children and the Province of Nova Scotia in the care provided to the
residents.
5. The report sets out my opinion provided to the Supreme Court of Nova Scotia.
6. Attached and marked as Exhibit "B" is a copy of my curriculum vitae.
7. I make this affidavit to assist the Court in determining a motion for certification
and for no improper purpose.
SWORN OR AFFIRMED before )
me at ~ \ < h < . > n ~ fu.;n the )
Province of British Columbia, )
this I lP day of February )
A.D., 2012 before me: )
)
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)
:/S"ANDRA SCARTH
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Form 39.09
2011
Hfx. No. 343536
This is Exhibit "A" referred to in the
affidavit of Sandra Scarth ,
before me
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ignature
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Prepared by:
Sandra Scarth
REPORT FOR CERTIFICATION
Proceeding Under the Class Proceedings Act
Between
Aubrey Pelley and Deanna Smith
and
The Nova Scotia Home for Colored Children
and
The Attorney General of Nova Scotia
Child Welfare Consultant
February 2012
Nova Scotia Home for Colored Children
1. What duties and responsibilities did child care institutions have towards their residents
during the relevant time period?
Child care institutions were set up to take care of children when their parents were unable or
unwilling to properly care for them. The institutions were expected to take over tbe parenting
role, to provide such children with a home, to take reasonable steps to protect them from harm
and to promote tbeir general development. In particular, tbey were responsible for each child's
basic care requirements, their health and safety, i.e. adequate food, shelter, clotbing, medical care,
education, recreation, transportation, nurturing and supervision.
My opinion is from personal knowledge and also from the various child welfare standards I am
fiuniliar with from tbe relevant period.
The Child Welfare League of America Standards for Services of Child Welfare Institutions,
published in 1964, page 2, states, " ... institutional care is an expression of Society's concern for
children. It discharges a delegated responsibility that society is prepared to assume for children
when parents are unable to carry their child-rearing responsibility or need some assistance to do
so ..... The service requires provisions for care and protection of the child." These Standards spell
out in detail, expectations for child care institutions to provide the basic care requirements
outlined above.
Later in the 1970s tbe British Columbia Department of Social Welfare set out in a manual the
expectation tbat contracts were to be signed by houseparents outlining tbe parameters for service.
In tbe early 1980s, agencies such as the Children's Aid Society of Metropolitan Toronto
developed contracts tbat clearly set out the responsibilities of the agency and tbe child care
institution prior to any child being placed.
I am certain of my opinion in this area.
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Review by Sandra Scarth
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2. The legislation which created the NSHCC, An Act to Incorporate The Nova Scotia Home
for Colored Children, 1915 5 Geo. V., c 107, states in section 3:
"the said corporation is hereby empowered to act as a Children's Aid Society for matters
affecting the children of the colored race, and to receive and keep the same under their care
pursuant to the provisions of the "Children's Protection Act, 1912."
While empowering the NSHCC to make by-laws at its annual meetings, section 6 of the
legislation states:
"that all such by-laws, and all amendments, and every repeal thereof, shall he subject to the
approval of the Governor-in Council"
If it is accepted that the NSHCC was a children's aid society, would this alter the duties and
responsibilities it had towards its residents?
Yes
The level and quality of care should be the same as that of a contracted resource, but as a
Children's Aid Society, the institution would have the responsibility as legal guardian for children
who were removed permanently from their families by a court and made wards of the Crown. If
the NSHCC was a contracted service provider to a Children's Aid Society, or to the provincial
authority, it could have physical custody or guardianship of a child, but legal guardianship would
remain with the Children's Aid Society or the provincial authority depending upon which entity
was responsible for the child. Acting as a Children's Aid Society, the NSHCC would have a
higher duty of care as legal guardian to the children it served and would be expected to exercise
that responsibility with competence and reasonable care.
I formed my opinion based on the knowledge gained by working for a provincial child welfure
organization for four years, a large Children's Aid Society for fourteen years, the Province of
Ontario in a senior children's service position for nine years and by reviewing a number of
residential resources across Canada.
I am reasonably certain of my opinion.
3. What child care institution standards were in place at the relevant time periods?
I was unable to review the "Standards for Institutions" mentioned by Miss Rosemary Rippon,
Consultant, Family and Child Welfare in a memo dated November, 1974 about a visit she and
Kevin Burns had made to the NSHCC. She advised Mr. Butler "our new "Standards for
Institutions" would be in his hands very shortly." I requested these standards as they would have
been very appropriate standards to review against the practice of the NSHCC, but was told that
they had not been supplied by the Province despite several requests. I believe that they should be
made available for review. Therefore I had to select the other most appropriate standards
available during the relevant time periods.
The Child Welfare League of America (CWLA) established the earliest standards related to child
welfare in North America. The CWLA was founded in 1920 and by 1930 had published the first
national child welfare standards of practice. These standards were known and respected by
progressive Canadian child welfare professionals during the relevant time periods, as Canada at
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that time had no similar standard setting organization. Gradually over the years, the CWLA
developed more specialized standards. In 1960 the CWLA Standards for Child Protective
Services led to mandatory child abuse reporting laws in rnost states. A further set of standards,
The Standards for Services of Child Welfare Institutions was published in 1964, with a second
printing in 1966.
CWLA Standards for Group Home Services to Children were developed between 1973 and 1978,
with various revisions during that period. CWLA Standards for Services to Children in Child
Welfure Institutions was revised in 1979 and would have been in use during the early eighties.
In Canada, because of the provincial/territorial responsibility for child welfare, standard setting
varied from one provincial child welfare authority to another and sometimes in provinces that
established Children's Aid Societies, from one society to another.
In British Columbia, a province that had both provincial child welfare authorities and Children's
Aid Societies, the Provincial Department of Social Welfare developed a Services Policy and
Procedures Manual in 1966. This was a basic handbook designed primarily for the daily use of
social workers in the field. This manual was revised on a regular basis through the seventies and
eighties. The Manual set out the responsibilities of the social workers, but also noted the
responsibilities of the outside residential resources, and agreements were to be signed by both
parties. All social workers in provincial child welfare offices would be expected to conform to the
expectations in the Manual that outlined the worker's responsibilities for children in foster care,
group homes and outside residential resources.
In 1979 a Child Abuse and Neglect Policy Handbook was published and revised in 1980. The
Handbook was geared to inter-ministry cooperation and outlined the responsibilities of
professionals in health, child welfare and the police related to child abuse and neglect.
The Children's Aid Society of Metropolitan Toronto (CASMT), the largest child welfare
organization in Canada, was a member of the Child Welfare League of America and used the
CWLA Standards as training tools and guidance for social workers during the relevant periods.
In addition, the CASMT developed a specific operational Service Manual in 1980, revised in
1981 that set out in detail expectations for all services, including services to children in outside
residential resources. This included the outline of a contractual agreement that established the
legal mandate and obligation of the Society and set out expectations for the Society and for the
Outside Residential Resource that had to be signed prior to the placement of any children. This
was in accordance with a memorandum of the provincial Ministry of Community and Social
Services (COMSOC).
In order to locate applicable standards, it was necessary to research various archived information.
The CWLA standards are archived at the University of Minnesota. The BC Manual material is
archived at the Health Ministry Library. The standards from the Children's Aid of Metropolitan
Toronto were sent after an initial inquiry.
I selected the CWLA standards as they are the most accepted standards of best practice in North
America for child welfare and were well known by Canadian professionals. Professional social
workers in Nova Scotia likely knew about these standards, or should have known about them. In
1977, the CWLA and the Family Service Association of America (FSA) launched the Council on
Accreditation for Children and Family Services. This was a new project and it took several years
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for the standards to be developed and disseminated, so they were not as applicable to the relevant
time periods
I selected the BC Manual as BC was one of the earlier provinces to create standards, and had
provincial authorities and Children's Aid Societies, similar to the arrangements in Nova Scotia.
I chose the Children's Aid Society of Metropolitan Toronto as another example as it was a large,
well respected agency that was staffed and run very professionally and followed the CWLA
Standards.
4. Is there some evidence that these standards were breached by the Nova Scotia Home for
Colored Children?
Yes.
The lack of a favourable climate for the children
In the very early standards in the CWLA Standards for Services of Child Welfare Institutions,
1964, the expectation is that the institution will provide a favourable climate for the children.
They state on page 5: "The child can be helped to feel that
he is respected and understood as an individual
people care about him and will take care of him
he has a place where he can stay
adults can tolerate unacceptable behavior without being punitive, retaliatory, or rejecting
he can depend upon someone for protection and guidance in controlling his impulses
until he establishes his own controls
he has someone to help him with his problems in the group, at school, in the community
and with his tinnily
he has someone to work with him for his future goals"
The recollections of the former residents paint a picture far from the favourable climate noted in
the above standard. Their comments indicate they felt helpless and alone with no one to turn to
when bad things happened to them. When they complained, they were not believed, sometimes
punished and no changes were made. So they were reluctant to complain again, or stopped
complaining altogether. There is much evidence that staff members in a position of authority and
trust provided little respect or nurturing these children should have received from those in a
position of trust and authority.
Unacceptable practices regarding discipline and punishment
The CWLA Standards for Services of Child Welfare Institutions
3.24 Discipline
"Children should be given opportumttes so that they can learn gradually to assume
responsibilities and make decisions for phases of daily living that they are able to carry out by
themselves; they should have the assistance and guidance of adults whom they trust and respect
and with whom they have a positive relationship, while learning self-control and self-direction in
a widening sphere of daily life.
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3.26 Punishment
"Humiliating of degrading punishment, which undermines the child's self-respect (including
ridicule, sarcasm, shaming, scolding or punishment in the presence of the group or another staff
member), should be avoided.
Corporal punishment, including slapping, spanking, paddling, belting, marching, standing rigidly
in one spot, or any kind of physical discomfort, should not be used. Generally this is viewed by
the child as a manifestation of the adult's aggression rather than punishment, and reinforces any
feelings he may already have that the world is hostile. For many children, it is a repetition of
experiences they have had at home and that have been a contributing factor to their problems."
There is evidence of very poor practice regarding discipline and punishment with the use by
several staff members of humiliating and degrading comments and forms of physical punishment
strictly forbidden by these standards. Use of the terms "stupid," "dumb", "useless", hitting with
hair brushes and switches, punishing children for wetting the bed and encouraging fighting
amongst residents rather than de-escalating difficult situations are only a few of the unacceptable
practices described by former residents. These incidents do not appear to be random or isolated.
That they were so numerous, happened to so many different residents, by several staff members
and over a number of years leads to the conclusion that there was systemic physical and
emotional abuse in this facility. One has to take into consideration, the vulnerability of the
children (e.g., due to age, isolation from family and special needs) and the overwhelming power
of authority figures within this type of setting.
Over the past twenty five years, researchers and clinicians have described the varied and severe
ways that children's development and future mental health can be impaired by child abuse. These
former residents exhibit many of the classic symptoms of depression, anxiety, low self-esteem,
self-destructive behavior and substance abuse. These are outlined more fully in a paper prepared
for the Law Commission of Canada in 2001, Child Abuse in Community Institutions and
Organizations: Improving Public and Professional Understanding by David A. Wolfe and others.
Inadequate attention to the health needs of some residents
The CWLA Standards
3.38 Periodic examinations
Each child should have a complete physical examination annually or at more frequent intervals as
recommended by the medical director.
3.46 Dental care
The agency should make provision for a dental examination as soon as practical. .... and for semi-
annual re-examinations.
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The BC Services Policy and Procedures Manna!
2.33
I. Children must be medically examined,
(a) When flrst admitted to care
(b) Thereafter when required
(c) At time of discharge from care
2. Dental Care
It is the responsibility of the social worker to see that the child in care under his supervision
receives adequate dental care.
The Services Manna! of the Children's Aid Society of Metropolitan Toronto
06.02.02 Medical, Dental, and Eye Care for Children in Outside Residential Resource is the
most prescriptive. It states:
Every child on admission to the care of the Society, shall be given a medical and dental
examination as soon as practical after admission and thereafter shall be given a medical and
dental examination at least once a year. It is Agency policy, (though not required by the C.W.A.
1978) for each child in care to have dental examinations every six months.
A report of each medical and dental examination shall be recorded. Any treatment recommended
in the report shall be carried out within the times recommended therein.
Former residents have complained that they did not have regular medical and dental care. One
resident had such bad teeth on leaving the NSHCC that he developed pyorrhea and had to have all
his teeth removed. Others commented that they couldn't remember having seen a dentist or
doctor.
In a memo to Mr. F. R. MacKinnon, detailing a visit to the NSHCC, Departmental Assistant J.R.
Casey says that medical care was discussed. "Mr. Kenney and Mr. Grandy and I agreed that it
would probably be better to have one doctor responsible for the institution rather than relying on
taking the children to the Dartmouth Clinic or sending for a doctor when one is needed. Medical
care has not been a problem to any extent because the children are generally quite healthy." This
indicates that there is no expectation by Miss Casey that regular medica Is are required and reports
should be on the children's file. This is not the behaviour of a reasonable parent in my view.
In making my opinion, I reviewed the affidavits of Garnet Smith, Aubrey Pelley, Deanna Smith,
Shirley Melanson, Harold Middleton, Krista Borden, Tracey Darrington-Smith, Star-Ann Smith,
and Stacey Beals, former residents of the NSHCC, and reports of the provincial staff from the
Department of Social Welfare.
Since I have no way to review NSHCC records, I have to rely on the recollections of the former
residents and the reports from the Department of Social Welfare.
With regard to the issues of unfavourable climate and unacceptable practices related to
discipline and punishment, I am certain that the NSHCC did not live up to acceptable standards
and breached their duty of care.
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Regarding health care, I cannot be absolutely certain that the medical and dental care was
inadequate for all children, but since so many of the former residents mentioned this lack, and it
is corroborated by Miss Casey that there has not been regular medical care to this time, it is
strongly possible that it was lacking for some children. It is an area needing further
investigation.
5. Is there some evidence that the policies, procedures, and standards were not adhered to in the
administration, employment, and supervision of the activities?
Yes.
There is evidence of inadequate supervision and inappropriate child care practice on the part of
several staff members during the relevant periods.
Relevant CWLA standards
Training
CWLA Standards for Services of Child Welfare Institutions
0.19 Training of child care workers
The need for specialized training to prepare the child care worker for the responsibilities he or she
is expected to carry out is being recognized .. Training courses are now being developed in
universities and schools of social work, and courses are already being offered under various other
auspices. Institutions are attempting to identify desirable characteristics of people to be selected
for child care work and training. In the meantime, agencies themselves are providing
opportunities, through inservice training and supervision, for development of the knowledge,
skills, and values required in performance of the tasks involved in the training for children who
require institutional care.
0.20 Basic Assumptions Underlying Practice in Providing Institutional Care Service
It is expected that institutional care service should be provided in accordance with the following
principles and values.
Value of Individual
The child, regardless of age, sex, race, color, creed, social circumstances, or religious origin,
sickness or other handicaps, has the right to be respected as an individual and to have the best
possible care in accordance with his individual needs.
8.68 Supervision of child care workers
Supervision should be provided for as an essential element in the development of child care staff.
There are eight requirements noted in this section. One describes the need for regular supervision
to ensure that the purposes of the role of the child care worker is expected to carry out
as administratively defmed are generally understood and accepted. Another states that and that
the supervision of child care staff requires knowledge of child care, individual development, of
group behavior, and of personality disorders. The supervisor may be a trained and qualified
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worker in child care or a social worker competent either in group work, case work, or both. An
evaluation of performance of the child care worker should take place once a year.
8.69 Personnel Practices
Conditions of employment should be such that they will attract qualified staff, assure staff
stability, reduce staff turnover, and be conducive to maintenance of a high quality of service and
productivity.
I have not been provided with material from the NSHCC about the hiring practices, qualifications
of staff, evidence of inservice training or supervision practices, but in reviewing the affidavit of
Jane Earle, a well respected social worker who worked as Executive Director for ten months in
1980, it is clear that to that date no adequate policies or procedures were in place regarding staff
qualifications, staff supervision and the staff working directly with the children had little or no
training in child care work. "Most staff had little education at all. I can also infer from the
complaints of the former residents that the inferior and abusive practices of some of the child care
workers means that they were likely unqualified, poorly trained and/or inadequately supervised. I
fmd the accounts of the former residents very believable, even when they are quite vague about
the times and places that the abusive incidents took place.
There are reasons why children don't always report abuse. Nicholas Bala, Faculty of Law
Queen's University writes in Canadian Child Welfare Law (1991) that until the early 1960's,
child protection agencies dealt with fairly obvious cases of child abuse and neglect. The
identification of the battered child syndrome in the early sixties, outlined in a seminal article in
1962 by the American pediatrician, H.C. Kempe, changed the way professionals viewed physical
abuse. Until that time, doctors and social workers tended to suspect physical abuse only in cases
where there was a witness or where a child stated the assault had occurred. Then researchers
began to realize that parents often lied about abuse, describing abuse as accidents, and that
children were often too frightened to tell the truth to investigators during a single interview.
Increased understanding of the problem led to changes in legislation to require professionals and
members of the public to report suspected cases of child abuse.
He states "The late 1970s and early 1980s were marked by a "discovery" of child sexual abuse,
similar to the earlier uncovering of physical abuse. Researchers learned that children were often
too intimidated, guilty or ill-informed to report sexual abuse, and that parents and professionals
often ignored reports or symptoms of abuse."
It is not surprising, then, that a number of the current complainants did not report what was
happening to them at that time, given their isolation and vulnerability and the power of those in
authority. What is surprising is how many did attempt to complain, and were ignored.
Questionable child care practices
Apparently the NSHCC routinely provided birth control pills to the female residents once they
started their periods. Given the awareness of the management staff (who would have made the
decision about birth control) that sexual activity is a risk for residents in their teens, it is
questionable practice to leave one male staff person on duty at night with pre-teen and teen-age
girls, during bath and bed time when there was ample opportunity to be alone with vulnerable
young girls.
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The account of one former resident of being touched by a staff member when in bed, feeling
helpless and unable to resist is very believable, as is the description of being coerced into sexual
activity through the withholding of allowances. I question where the supervisors were when the
incidents occurred that are outlined in the complaints of former residents.
It is also questionable to use the same male driver one on one, with individual female residents.
Yet this happened frequently from the accounts of former residents and seems to have continued
over a period of years.
Lack of supervision and lack of qualifications and training
Given the inappropriate behavior of staff members, there are also questions about the
qualifications of staff and supervisors, and whether there was any inservice training or regular
supervision of the staff. Were job expectations made clear to the staff? Was there a manual
outlining the program and practices to be followed?
March 4, 1974 in a NSHCC Staff Report and Follow Up, under Personnel Committee Report the
following was stated:
"It was felt that there was very little difference in the qualifications, experience and expertise of
persons presently classified as domestics and those classified as child development workers.
When present staff was hired it was mainly to look after the needs of the children in the home as
they relate to residential care with only a coincidental involvement with child development."
November 1974 in a memo noted Private and Confidential and titled Report on Visit to the
Home, Miss Rosemary Rippon, Consultant, Family and Child Welfare comments that Mr. Butler,
Executive Director, mentioned the low wages paid to the present staff. He out-lined the
difficulties in obtaining improvement in staff due to the limited number of black persons in the
community who would be suitable from an educational point of view or who would work for the
low salary paid.
In a draft funding proposal for 1975-1976 to be taken to the Department, the NSHCC, proposed
increased salaries for 9 uncertified and only I certified child care worker.
There is no indication in the material I reviewed that staff members had been screened for
relevant child care education or experience, were given training by the NSHCC for the
responsibilities they were to undertake, or were supervised regularly. Jane Earle's affidavit
further confirms the absence of these requirements into the eighties.
In making my opinion, I reviewed the Affidavits of Jane Earle, the Representative Plaintiffs
Aubrey Pelley and Deanna Smith and the affidavits of Shirley Melanson, Garnet Smith, Harold
Middleton, Krista Borden, Tracey Dorrington-Skinner, Star-Ann Smith and Stacey Beals. I have
also read extensively about child abuse, chaired the National Advisory Committee to the
Canadian Incidence Study of Reported Child Abuse and Neglect for several years and most
recently because of this report, did further reading on institutional abuse.
I am certain that there were unacceptable child care practices, particularly leaving female
residents alone with male staff members at bed and bath time, and as drivers. That there was no
regular and/or inadequate supervision of these activities led to the sexual abuse of many
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residents. This was a serious breach of the duty of care by NSHCC that left all of the children at
risk of abuse.
I am concerned about the apparent lack of qualifications and training at the NSHCC over many
years and find it strongly probable that this contributed to the poor child care practices that
caused emotional, physical and sexual harm to the children.
6. What is the appropriate response to be taken by a child care worker when child abuse is
reported or suspected?
The ftrst thing for the child care worker is to ensure that the child is taken to a place where he or
she is safe and receives medical care and on-going psychological and emotional support as
required. The incident(s) should be reported immediately to supervisory and management staff to
investigate and take appropriate steps under child welfare legislation and provincial policy. If
sexual abuse is alleged, that is an indictable offence and the police should be informed as per
federal legislation under the Contributing to Juvenile Delinquency under the J.D.A., and Action
under the Criminal Code, Sections 138 and 143, C.U.P., Subsection 2. One would also want to
ensure that no other children in the vicinity was similarly abused or at risk of abuse.
In considering my opinion, I relied on my general knowledge about what is required in most
provincial child welfare legislation, plus the requirements in provincial manuals and the B. C.
child abuse handbook. It would have been helpful to have been able to review Nova Scotia's
requirements in this area during the relevant time periods, but this was not provided from the
Provincial archives despite requests for them.
The BC Services Policy and Procedures Manual
2.07
Cases involving carnal knowledge sets out the responsibility to inform the police in cases
of carnal knowledge and incest as early as July 1966.
The later Child Abuse and Neglect Policy Handbook of 1979 further outlines the inter-ministerial
responsibilities for collaboration in this area.
BC also set up a registry of battered children in the mid sixties. The amendment to the Protection
of Children Act 7 (2) (a) effective e April I, 1967 made it mandatory for anyone in the
community to report cases of suspected child abuse or neglect. This would include children
living in residential resources.
7. Is there some evidence that this appropriate response was not followed?
Yes
There are a number of cases in which the former residents at NSHCC state that they were
physically and sexually assaulted. Some were afraid to report to staff or had told a staff member
but could not remember the staff member's name. However, in close to twenty instances, former
residents state that they complained to specific, named staff members, and according to them,
nothing was done about their concerns. From the details given by many of the residents, the
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complaints are believable, and should have been explored. In one incident, the resident
complained to two outside elderly visitors about physical abuse (scars on his hands from being hit
with a switch, bruises on his knees) who informed a staff member who worked in the main office.
He remembers the staff member beating and choking him and threatening to kill him if he told
anyone, and he believed her. rn another, a young girl told a staff member about her anus, which
was sore and was told she had "done it to herself." A third told a named staff person about a
sexual relationship between a female resident and a male staff member. Even if the staff member
was uncertain about the truth of the allegations, they had a duty to report them.
In a well run organization set up to care for and protect children, staff members would be trained
in child and adolescent behavior, and about their duty to report. They would know that the frrst
step to take after receiving a complaint is to inform senior management to take appropriate action
under child welfare legislation, regulations and policy.
More extensive enquiries should have been made. All children who complained of abuse to staff
members should have been interviewed sensitively and their concerns and complaints heard. If
staff members were implicated in improper practices, i.e., failure to report child abuse,
appropriate action should have been taken, both to deal properly and legally with any offences
and to take steps to change procedures to protect children in the future. Any children found to
have been physically, emotionally or sexually abused could have had access to counseling and
necessary treatment. Instead there seems to have been a conspiracy of silence about these
incidents. It appears that protecting the reputation of staff members and/or the institution took
precedence over the duty to protect the children in its care.
It is hard for me to believe that none of the complaints actually reached the senior management
level. If they did, they should have been seen as a red flag or wake up call for the management
and board of the NSHCC that all was not well in the organization. NSHCC staff members appear
to have turned a blind eye to the complaints of the residents about emotional, physical and sexual
abuse over many years. Given the number of complaints and the responsibility to report abuse,
at least some of the complaints should have been followed up and the staff given appropriate
training and supervision. The NSHCC could have used complaints as an opportunity to improve
the care and safety of its residents. That this did not happen was a grave oversight and as we are
now learning, caused further harm to other residents.
This is a totally unacceptable standard of behavior for the supervisory and management staff of
the NSHCC, and in my opinion, breached their duty to protect and keep safe their young
residents.
I have formed my opinion based partly on personal knowledge of how a children's institution
should be run in order to protect the residents. I worked for two summers and part time through
the winters at the Manitoba Home for Girls while taking my social work training. This was a
training school for girls. While I was there, there were incidents of emotional and physical abuse
by a matron who had worked there a long time. The Director dealt with it inunediately the
complaints emerged. She then had a session with all staff to explain why this behaviour, although
prompted by hostility from one of the girls, was totally unacceptable as the institution was set up
to provide the girls with good role models, particularly in the area of handling anger. The
director was a well qualified person, and spent time supervising and training staff in new ways to
manage children. In another incident, a child care worker knew of some sexual acting out by
older girls on younger ones and did nothing to prevent it. Again, sessions were held for the rest
of the staff to help them handle issues like this better. Counseling was also provided to the girls
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involved. This is the sort of response that should have been forthcoming from NSHCC
management.
I have also done program reviews on residential programs, one on SOS Villages in Nova Scotia,
another on an aboriginal youth treatment centre in Manitoba and a third on group homes in the
Yukon for the Yukon government, so am familiar with good and bad practices in residential
programs.
David Gil, Professor of Social Policy at Brandeis University wrote extensively about the
dynamics of child abuse. In a paper titled Unraveling Child Abuse (1975) he writes :
"Analysis of institutional child abuse reveals that this form of abuse is not distributed randomly
throughout the population. Schools and institutions serving children of minority groups, children
from deprived socioeconomic backgrounds, handicapped children, and socially deviant children
are less likely to facilitate optimum development of children's inherent potential than are schools
and institutions serving children of majority groups "normal" children, and children from affluent
families and neighborhoods."
I am certain that this obvious breach of the NSHCC 's duty of care to all the children in the
institution at the time and those who came after, was so egregious that it alone is sufficient
evidence to proceed
8. Are there any further aspects of the administration, operation, and conduct of the Nova
Scotia Home for Colored Children, its employees that exemplifies a failure to adhere to
standards applicable at the time of the abuse may be commented on?
Yes
Education program
Education should be an integral part of any group living program and of the total planning for
each child.
3.27 Education
Education of children in institutions has special problems. The majority of children have been
deprived of, or unable to make best use of, educational opportunities because of disturbing factors
in their previous life situations. The children often have learning problems associated with other
personality problems and with the adverse circumstances that necessitated institutional care.
These problems may interfere with motivation for learning or may result in a level of
achievement lower than their potential. Special arrangements and facilities are required,
including remedial education and-tutorial help, to meet individual educational needs.
Every child should be helped to secure the maximum amount of formal education of which he is
capable, and provided the optimum conditions in which he can receive the greatest benefit from
his school experience.
It is the responsibility of the agency to see that children attend school full time
throughout the period required by law and in general until the age of sixteen
13
, I
J
Children in care during adolescence should generally be helped to complete high school.
Arrangements for further education or training (college, professional, or vocational)
should be made for children whose aptitudes, personality, and school record show that
they can profit from such educational opportunities.
I do not have much information on the educational program at the NSHCC, except that I
understand there was a small school on the property and that some of the children attended
community schools. It is not clear if there was any extra tutoring for those who needed extra
help. Well trained child care workers would know that extra help is usually required for children
who have had neglectful and abusive backgrounds. It is part of the duty of care when children are
removed from their families, that they are offered educational opportunities. One resident states
that she only attended 24 days of school one year and no one seemed particularly concerned about
it.
Another mentioned being pulled out of school at age 13 to work on the farm. Others mentioned
receiving no training of any kind other than unpaid farm work, yet many of these former residents
lived for years in the NSHCC when there could have been opportunities for job training if the
resident was not capable of high school graduation.
I was struck by the number of instances that the former residents spoke of their low level of
education, and how that had affected their potential for decent jobs.
Sex Education
Sex education should be an integral part of the health education program in institutions and group
homes, particularly where there are large numbers of adolescents.
3.40 Sex Education
Children should be given accurate and appropriate information about sex and should be helped to
develop desirable attitudes and standards of sex behavior.
Interest in sex should be recognized as part of normal development.
Children should have the opportunity to discuss the ideas they have, their anxieties and
concerns about such matters as masturbation, menstruation, conception, and childbirth.
Group or individual discussion with child care staff may be required to help them become
aware of their attitudes and feelings about sex education and be able to answer children's
questions in a straightforward way.
Pertinent current books and pamphlets should be used as a basis for staff discussion and
should be made available to staff and children.
The lack of sex education was raised by some of the former residents. Others mentioned that
their experiences of abuse at NSHCC had distorted their views on sex and that had made it
difficult for them to experience close personal and stable sexual relationships as adults.
The sexually explicit remarks and lewd gestures attributed to several staff members by former
residents did not set a tone for respectful discussions about sex. It made it virtually impossible
for reasoned discussion about the resident's concerns and worries.
14
_,
I do not have access to much information about the education program at NSHCC, but view the
poor outcomes ofthe former residents as at least partially due to their stay in the institution.
It is quite clear from the information given by former residents that in the area of sexuality the
program at NSHCC was lacking.
I can only state my concerns about the education program as weakly probable, however I would
rate the sex education component inadequacy as strongly probable. These are areas that require
further investigation regarding the complaints of the residents.
Province of Nova Scotia
1. Are you able to determine the nature of the relationship between the Nova Scotia Home
for Colored Children and the Province of Nova Scotia? If so, please describe this/these
relationsbip(s).
The Province of Nova Scotia is responsible for the oversight of all child welfare services in the
province, as are all other provincial and territorial governments. It legislates and regulates and
funds child welfure services. It also has oversight responsibilities to ensure that services are
provided to fulfill the responsibilities in the child welfare legislation and regulations.
As such, the province can provide the child welfare services directly through provincial offices,
or can establish Children's Aid Societies and delegate the authority for child welfare services,
including the responsibility of legal guardianship of children made wards of the Crown by the
provincial courts.
The Nova Scotia Home for Colored Children (NSHCC), set up originally in 1921 as an orphanage
for black children, is a non-profit residential group home. The NSHCC has historically provided
child care services for children referred by provincial child welfare authorities, or local Children's
Aid Societies when they were delegated responsibility for child welfare services by the province.
On some occasions, it took referrals directly from families. It is directly and operationally
responsible for the children in its care.
Although there is some question as to whether it was legally established as a Children's Aid
Society, it appears to have operated as a contracted resource to Children's Aid Societies and
provincial child welfare authorities.
Although the NSHCC has day to day responsibility for the children, the Province of Nova Scotia
is an overseeing body with ultimate responsibility.
I hold this opinion because of my general knowledge of the child welfare system in Canada and
as a result of conducting several studies of residential resources in Canada.
I am certain of my opinion in this regard.
15
J
2. What duties and responsibilities did the Province of Nova Scotia have with respect to the
oversight of the administrative, financing and management of the Nova Scotia Home for
Colored Children?
The Province of Nova Scotia is responsible for legislating and regulating all child welfare
services. The Nova Scotia Child Welfare Act required that the NSHCC be approved by the
Minister, and the Act further stated that the Director shall assist and encourage child caring
institutions in any way possible in respect to all matters related to their care and maintenance.
This description of the responsibility of the Province is set out in a letter from Mr. F. R.
MacKinnon, the Director of Child Welfare to his Deputy Minister, Mr. T. P. Lusby, dated March
8, 1957.
The Province ofNova Scotia provided government grants, set the per diem rates for the NSHCC,
and reviewed the fmancial reports and audited fmancial statements. The staff of the Department
of Public Welfare were responsible for supervising the Home. This is confmned by a letter to the
Ron. Stephen T. Pyke from Mr. MacKinnon, Deputy Minister dated May 29, 1959 in which he
asks for advice after he was asked to sit on the board of directors of the NSHCC. He states "how
can I be a member of the Board of an institution that is being supervised by officials of my own
Department." He isn't certain that he carmot sit on the board. He gives an argument for
accepting "There is very little likelihood of this institution ever being critical of Government, or
lining itself up adversely to Government policy and as a member of the Board I might be able to
be helpful in improving the standards of the institution." This implies that he thought the
standards needed improving.
As Director of Child Welfare and later Deputy Minister, Mr. F.R. MacKinnon and his staff
members were regularly and closely involved over many years with the various requests by the
NSHCC for increased per diems or to improve and expand their facilities. On April29, 1957, the
Deputy Minister, Mr. T.P. Lusby sent a letter to Mr. MacKinnon, at that time Director of Child
Welfare, stating "I now have the approval of the Honourable Minister for our Department to
assist in the preparation of plans for the Nova Scotia Home for Colored Children." By May 10,
1957, Mr. MacKirmon had the agreement of the Deputy Minister of Public Works for the
Provincial Architect to be available for consultation.
From 1973 to 1976 there was another flurry of correspondence and meetings with requests from
NSHCC to have increased funding in order to develop a new program and suggestions for
changes to the program plans from the Department prior to any funding being released.
It is clear from the above examples that the senior management level in the Department of
Welfare understood they had the responsibility to monitor the administrative functions, the
fmances and the management of the NSHCC.
I formed my opinion from the knowledge about the responsibility of provincial child welfare
authorities in most provinces, from the specific correspondence reviewed and noted above and
from the affidavit of Michael Dull who lists correspondence between 1973 and 1976 about the
requests for increased funds and the responses of the Province.
16
3. What duties and responsibilities did the Province of Nova Scotia (and its staff) have
towards its wards?
The Province of Nova Scotia and its staff have the legal and moral obligation to ensure the safety,
health and welfare of children and to protect them from harm, either directly through local
government child welfare offices, or through delegation of that responsibility to Children's Aid
Societies. If the child has been made a ward of the Director of Child Welfare (Crown), the
Province has guardianship of the person, i.e., the ultimate legal responsibility of a parent or
guardian for the child's care and custody and must ensure that the requirements in the child
welfare legislation and regulations are followed, no matter where that child has been placed. A
letter dated June 29, 1971 from the Province to the NSHCC acknowledges that the Province is
"directly responsible" for "wards of the Director of Child Welfare."
Cruikshank (1991) cites the main purposes of permanent wardship are to terminate parental rights
and prepare for adoption, and to ensure that a child receives appropriate medical treatment. He
states that the Nova Scotia Children's Services Act S.N.S. 1976, c.8, s.49, 53 and 16 (5) indicates
that care and custody amounts to guardianship of the person. It is generally understood that
guardianship of the person includes the duty to support the child, see that the child is
appropriately clothed, fed, educated and supplied with the other necessaries of life and a good
upbringing.
I formed my opinion from years of child welfare experience that is supported by referring to the
opinion of Cruikshank in Canadian Child Welfare Law and by reviewing the affidavit of Michael
Dull, number 37.
I am certain of my opinion.
4. If it is accepted that the NSHCC was a children's aid society, would this create any
different duties or responsibilities expected of the Provi!lce of Nova Scotia.
The Province would have a different role in that it would not directly supervise the day to day
operations of a children's aid society, as the responsibility for governance would have been
delegated to the Board of Directors. The Province would have the responsibility to ensure that
the Board of Directors was capable of providing adequate oversight of the society to ensure the
NSHCC as a society had qualified management and staff able to carry out all the functions of a
society under the child welfare act and regulations. This would include not only the child care
function that the NSHCC had exercised, but also the child protection function with the broad
legal power to remove neglected or abused children from their homes and become their legal
guardian.
Children's aid societies receive all or most of their funding from the state. According to Bala
( 1991), from a conceptual perspective, child protection agencies are agents of the state, exercising
the coercive power of the state.
The Province would be expected to properly fund the society based on the funding formula for all
children's aid societies that would be at a higher level of funding than had been the practice with
NSHCC as a contracted resource. The Province would have a duty for the same kind of oversight
it practices with other children's aid societies.
17
My opinion is based on years of experience in child welfure and supported by information in
Canadian Child Welfare Law (1991) edited by Nicholas BaJa, Joseph P. Hornick and Robin
Yogi.
5. Is there some evidence that the Province of Nova Scotia breached any of its duties or
responsibilities?
Yes
Over a period of many years, the Province of Nova Scotia was apprised of serious shortcomings
in the program of the NSHCC. These were brought to senior management attention by
departmental employees who visited the Home and by acknowledgement by senior management
in several memos and internal communications over many years that the staff were inadequately
trained, low paid, and that the food appeared to be inadequate. At times there were too few staff
members to properly manage the care of the children.
Some specific examples of documented deficiencies the Department knew about:
A report from a Mr. Lawrence Hancock about a visit to the Home on July 8, 1947, was generally
positive about the cleanliness of the Home. He noted that there were 60 children and only three
regular staff as two bad recently quit and the teacher was away for the summer. The matron, Mrs.
Fowler was away for the afternoon, so only two staff members were currently in the Home.
This was not addressed as serious understaffmg in his recommendations, but should have been
picked up by his manager(s).
Cooking was being done by two of the older girls. The dormitory beds in both the girls and boys
dormitories were very crowded, with some only 20" apart and the place was bare except for the
beds. Adjoining each dormitory was a bathroom with only one toilet without a seat or cover.
There was one extra toilet on the same floor for the girls and one downstairs for the boys. Mr.
Hancock did note that this was totally inadequate and recommended improvements.
A second report February 4, 1948 by Mr. F.R. MacKinnon, Director of Child Welfare, detailed a
visit with Mrs. Grandy of the Department at lunch time. He noted there was nothing on the table
but fish chowder in bowls and a pitcher of chowder on the table. "There was no bread and butter
or milk, either on the table or in evidence in the kitchen. The matron was absent. I saw the cook
who told me the menu for the noon meal was Fish Chowder, bread and milk- the bread and milk
appearing on the table later. There was no butter on the bread. She told me that for breakfast
they bad oatmeal porridge, milk and bread, and for supper they would have macaroni with milk
and bread. According to her they get two apples a day. I feel sure that the children would have
received no other item for lunch except the Fish Chowder if we bad not come on the scene." He
noted that there was too evident a contrast between the supervisor's rooms and the reception
rooms and the quarters in which the boys and girls are kept, which were dull and colourless.
This was half a year after the report by Mr. Hancock and it appears that little was done to improve
the Home.
18
September 13, 1948, social worker Lillian Romkey made a routine visit at lunch time and wrote a
three page report detailing her concerns. These included:
extremely clean, but no toys or play things in evidence anywhere in the Home
striking difference between furnishings in the staff rooms which are warm and comfortable,
but sparce and cheerless in the children's areas
kitchen stove too small to cook for 64 children
small quantity of food in the refrigerator only sufficient for staff, not for children
real concern about the difference between what is red the staff and what the children get. ..
"food is the greatest weakness"
children had fish chowder which seemed to consist of "many fish bones, potatoes and
milk." When one child complained about no fish in his soup, a staff member tried to find
some in the central bowl, but failed. Staff had vegetable soup, fried halibut, carrots,
potatoes, sliced tomatoes, pickles and apple pie. The bread and butter was prepared for the
children only after Miss Romkey said she was staying for lunch.
Mrs. Lucas (Matron Mrs. Fowler was not there) claimed that the children come for recess
to get an apple and get two a day, but there were no apples in evidence, and children did
not come at recess for their apple while Miss Romkey was there
October 28, 1948, Miss Romkey and Miss Isabel MacLellan visited at 12 noon. They spent about
ten minutes with Mrs. Fowler until lunch. This consisted of a soup of potatoes and turnips cut in
big squares boiled in water. No meat. There were slices of bread with butter and some with a thin
spread of jam and mugs of milk. "It was evident that the milk and bread were not the regular noon
dessert." The staff had roast chicken for lunch.
November 2, 1948, Miss Romkey called again to obtain information about board rates and met
with Mrs. Fowler, the Matron. She noted:
Mrs. Fowler seems to have no conception of the children's last names or to know very much
about them. She called upon one of the resident girls to help her. According to Mrs. Fowler, this
child is her own personal maid. She is very bossy with the child.
During the interview the children came in from school. "They were making very little noise, but
Mrs. Fowler sent her young helper three times to chase them outdoors and ordered them to be
quiet. She says she cannot stand children talking." She told Miss Romkey that they are not
allowed to talk at meals, and Miss Romkey had noticed that on her visits. She also states in her
report that Mrs. Fowler speaks disparagingly about the children. She said they are all "poor
trash". Many of them "have heads that are not right." She mentioned in particular one ward who
is nineteen years of age, is "nasty and should go to the County Home."
Miss Romkey recommends that the board should be approached regarding the children's meals,
that there should be some play equipment and that there should be some younger staff as there is
too much regimentation in the Home. "It seems highly improbable that Mrs. Martin and Mrs.
Lucas can look after 69 children."
Miss Romkey visited twice more, on November 8, 1948 and November 25, 1948 and had a
nutritionist visit as well, so it appears she tried to do something to improve the nutrition at the
home. A little girl tells her with excitement that she had "ascert", (a cake), which she assumes
may have happened as a result of the nutritionist's visit.
19
On December 13, 1950, Mrs. Fowler and Mrs. Oliver talked with a social worker and asked that
three "troublesome" boys aged 15 and 16 years old be removed as quickly as possible. On
December 16 the social worker sends a memo to Mr. MacKinnon, Director of Child Welfare
stating that Mrs. Fowler feels the only place for these boys is the School for Boys, and the
"quickest way to get them there was to place them in a foster home until they became so
urunanageable they would be committed." She did not agree that this was a good basis for
placement. Mr. MacKinnon responded on December 19,., "The difficulty is that neither Mrs.
Fowler nor Mrs. Oliver can be depended upon as far as a statement about these boys is
concerned." He was not prepared to accept Mrs. Fowler's statement on it.
Surprisingly, there is nothing in the material I have reviewed that indicates any action was taken
about Mrs. Fowler's emotionally abusive attitude, which would influence other staff members
and set a negative environment for the entire institution. This was absolutely unacceptable
behavior for anyone in charge of a children's residential resource. This kind of attitude would be
sufficient for removal from the position as Matron in a well run residential resource, yet Mrs.
Fowler appears to have remained in her position into 1953. I do not understand why the senior
management of the Province, who were aware of her shortcomings did not insist that the Board
deal with Mrs. Fowler.
Years later, on May 16, 1966, in a report by Rosemary Rippon about the NSHCC, she comments
"From talking to the Superintendent it would appear that the children placed in the Institution are
there not primarily to meet their needs, but rather to meet the needs of agencies who are lacking
in foster homes ... On March 31, 1966, seventy-five children were in the care of this
Institution ... This is the highest number of children in residence since the Institution was formed
and in worker's opinion contributed to some overcrowding of facilities ..... There are no staff
members trained in Child Care, and none has nursing experience or training .... There is some
dissatisfaction among the staff regarding the wages paid, which are low and do not meet even the
Minimum Wage Scale. There is no personnel Policy outlining job description, minimum
qualifications, etc."
It appears that little was done to deal with overcrowding noted in Mr. Hancock's report of July
1947, Miss Romkey's report of November 1948 and Rosemary Rippon's report of May, 1966.
The staffing levels noted above came nowhere close to meeting accepted standards.
3.5 Ratio of child care staff
The ratio of child care workers to children should be determined by the age and problems of the
children. Normally there should be at least one adult, with no other major responsibilities, to six
children.
Much later, in October 1980, Jane Earle took over as Executive Director to fmd the staff still not
well qualified, with very little child care education and the pay was still low. There were no
policies on staffmg qualifications, staff supervision, proper food preparation and there was
absolutely no programming, toys, organized sports, etc. Yet many of these deficiencies were
documented years earlier.
In coming to my opinion, I reviewed documents and internal reports written by staff and
management of the Province plus the affidavits of Jane Earle and Michael Dull.
20
_/
I am certain in my opinion, based on the materials I have reviewed, that the Province breached
its responsibility and duty of care to provide an environment that any reasonable parent would
provide by not addressing sufficiently the concerns of its own staff members about the systemic
deficiencies in staffing, nutrition, programming and, in particular, the abusive environment
children endured for several years under Mrs. Fowler as Matron.
6. Describe the rate and importance of Provincial funding as it relates to child welfare.
Adequate funding is essential for child welfare because protecting vulnerable children is a vital
responsibility under child welfare legislation. The law requires child welfare authorities to
respond within rigorous time lines when they receive allegations of child abuse and neglect. The
steps taken to fulfill the child protection mandate are controlled by external forces, including
legislative, standards and court decisions. Child welfitre authorities can do little to control the
volume. Once children are in care, the pressure is to fmd acceptable alternate placements and
most agree that the most cost-effective option is foster care. However, the costs of foster care
have gone up dramatically as it becomes more expensive to recruit, train, support and retain foster
parents. The cost of group care in family or staff run homes has also become more expensive as
residential per diems rise.
Child welfare does not have the same public support as health or education spending, so often
when times are fmancially constrained, the child welfare budget is not as well protected. When
that happens, staffmg is often cut, workloads increase and children in care and their care givers do
not get the necessary support. This is when bad things can happen, and there have been situations
in Canada where Jack of funding has contributed to inadequate supervision and support, resulting
in situations of abuse and even child deaths before the funding situation was rectified. Ideally,
the funding rates in child welfare should be based on the need for services that are standardized
and equitable, on an assessment of the cost of the services needed and take into account volume
increases and a reasonable workload.
My opinion is based on several years overseeing the children's services program in Ontario, and
on reviewing child welfare services in Newfoundland and residential services in Manitoba, the
Yukon and British Columbia.
7. Is there some evidence that the Nova Scotia Home for Colored Children was
underfunded?
Yes
There are consistent references in letters and memos from the NSHCC to the Director of Child
Welfare and the Deputy Minister that the per diems and government grants were too low to
provide adequate services.
As early as December 1926, the NSHCC identified the need for extra funding and advised the
Province of the plan to send a representative to Upper Canada to solicit funds. The Province did
not allow this, responding by letter on December 30,1926 stating "I am sorry I cannot commend
the proposal," and mentioning "this is no time to give Upper Canadians a chance to say we are
beggars." When the NSHCC sends another letter on January 8, 1927 outlining the reasons for
fund raising in Upper Canada, mentioning the Home's physical needs and the lack of local
21
support to address these needs. On January II, 1927, the reply from the Province acknowledges
the Home's physical needs, but states again the belief that it would be inappropriate to appeal to
Upper Canadians for the funds.
On January 5, 1959 a letter from the NSHCC advises the Province that more funding is needed to
meet the child care standards set by the Nova Scotia Department of Child Welfare. On January 7,
1959 a letter from the Province indicates "the request was not granted."
On September 3, 1963 the NSHCC sends a letter from M. Cumming, President to "Friends of
Little Children." The letter states the Home receives only 50% of their funds from the Provincial
Department of Child Welfare and outlines the continuous struggle to "keep our heads above
water."
In 1974 the NSHCC drafted a Suggested Plan of Government Financial Assistance to be initiated
over a period of three years. The proposal was to have a graduating per diem rate from $3.50 to
$10.00 with a corresponding drop in the provincial grant. In 1975-76 the per diem would rise to
6.20 and the government grant would drop to $18,00. Finally in 1976-77, the per diem would rise
to $10.00 and the goverrunent grant would be nil.
At that time, the per diem rates for CAS of Halifax group homes were considerably higher. In the
minutes of a Family and Child Welfare Divisional Meeting on February 26, 1974, Mr. F. R.
MacKinnon indicated that the maximum rate would be $12.00. The per diem at the NSHCC at
this time was $3.50. Even with the provincial grant of $30,000, the actual per diem at NSHCC
would rise only to $6.20, approximately half of that of the CAS of Halifax.
One letter from Mr. R. Butler, NSHCC dated May 20, 1975 to Deputy Minister Dr. F. R.
MacKinnon states:
I. that our per diem rate is little more than token, and totally unrealistic for the specialized service
we are now providing, when compared with the costs of similar services provided by children's
aid societies and/or the Dept. of Social Services as the case may be, and, when compared to
government support for their services.
2. that, because of this lack of a realistic per diem rate the Home has continued to deplete its
small investment reserve to a dangerously low level (by some $63,000 in the past fiscal year
alone.) These funds are not going to be available for other purposes if they are constantly being
tapped for operating costs. When this reserve is gone, what? It is best to know now, so that
realistic long range plans can be made.
3. that the increase in the cost of operation, due to the increase cost of living justifies a rate of
$12.50 rather than $10.00 as earlier suggested.
In forming my opinion I reviewed correspondence between the Department of Social Welfare and
the NSHCC in which it was clear that there were differences of opinion between the two over
many years about the amount of funding required for the operation of the NSHCC. I reviewed
the affidavit of Michael Dull that listed more references to the requests for funding from the
NSHCC and the refusals from the Department. I also reviewed the affidavit of Jane Earle who
comments on the underfunding of the NSHCC as compared to "white" institutions when she took
over as Executive Director in 1980.
22
It is my opinion that it is highly probable, given the information about the differences in per diem
rates between the CAS and the NSHCC, that the per diem of $3.50 per child over a long period
was too low for the optimum care and maintenance of the children in the Home and that the
NSHCC was systemically and chronically underfunded.
8. What standards were in place at the relevant time? Were these standards breached by
the Nova Scotia Home for Colored Children? Did the Province of Nova Scotia respond to
these breaches, if any, in a substandard fashion or not?
I was unable to review the Standards for Institutions mentioned by Rosemary Rippon in
November 1974, as the Archives did not provide them. Therefore I selected the standards
accepted by professionals and in use during the relevant periods.
The Child Welfare League of America (CWLA) established the earliest standards related to child
welfare in North America. The CWLA was founded in 1920 and by 1930 had published the frrst
national child welfare standards of practice. These standards were known and respected by
progressive Canadian child welfare professionals during the relevant time periods, as Canada at
that time had no similar standard setting organization. Gradually over the years, the CWLA
developed more specialized standards. In 1960 the CWLA Standards for Child Protective
Services led to mandatory child abuse reporting laws in most states. A further set of standards,
The Standards for Services of Child Welfare Institutions was published in 1964, with a second
printing in 1966.
CWLA Standards for Group Home Services to Children were developed between 1973 and 1978,
with various revisions during that period. CWLA Standards for Services to Children in Child
Welfare Institutions was revised in 1979 and would have been in use during the early eighties.
In Canada, because of the provinciaVterritoria1 responsibility for child welfare, standard setting
varied from one provincial child welfare authority to another and sometimes in provinces that
established Children's Aid Societies, from one society to another.
In British Columbia, a province that had both provincial child welfare authorities and Children's
Aid Societies, the Provincial Department of Social Welfare developed a Services Policy and
Procedures Manual in 1966. This was a basic handbook designed primarily for the daily use of
social workers in the field and contained policies and procedures related to services under the
social welfare statues of British Columbia, including the divisions of Child Welfare and the
Welfare Institutions Licensing Board. The manual was revised on a regular basis through the
seventies and eighties. The Manual set out the responsibilities of the social workers, but also
noted the responsibilities of the outside residential resources, and agreements were to be signed
by both parties ..
All social workers in provincial child welfare offices would be expected to conform to the
expectations in the Manual that outlined the worker's responsibilities for children in foster care,
group homes and outside residential resources.
In 1979 a Child Abuse and Neglect Policy Handbook was published and revised in 1980. The
Handbook was geared to inter-ministry cooperation and outlined the responsibilities of
professionals in health, child welfare and the police related to child abuse and neglect.
23
The Children's Aid Society of Metropolitan Toronto (CASMT), the largest child welfare
organization in Canada, was a member of the Child Welfare League of America and used the
CWLA Standards as training tools and guidance for social workers during the relevant periods.
In addition, the CASMT developed a specific operational Service Manual in 1980, revised in
1981 that set out in detail expectations for all services, including services to children in outside
residential resources. This included the outline of a contractual agreement that established the
legal mandate and obligation of the Society and set out expectations for the Society and for the
Outside Residential Resource that had to be sigued prior to the placement of any children. This
was in accordance with a memorandum of the provincial Ministry of Community and Social
Services (COMSOC).
In order to locate applicable standards, it was necessary to research various archived information.
The CWLA standards are archived at the University of Minnesota. The BC Manual material is
archived at the Health Ministry Library. The standards from the Children's Aid of Metropolitan
Toronto were sent after an initial inquiry.
I selected the Child Welfare League of America Standards for Services of Child Welfare
Institutions, 1964 as they were the most respected standards for institutional care during the
relevant period and would likely, or should have been known by professional social workers
within the Department of Social Welfare.
In 1977, the CWLA and the Family Service Association of America (FSA) launched the Council
on Accreditation for Children and Family Services. This was a new project and it took several
years for the standards to be developed and disseminated, so they were not as applicable to the
relevant time periods. I selected the BC Manual, as BC was one of the earlier provinces to create
standards, and had provincial authorities and Children's Aid Societies, similar to the.
arrangements in Nova Scotia. I chose the Children's Aid Society of Metropolitan Toronto as
another example as it was a large, well respected agency that was staffed and run very
professionally and followed the CWLA Standards.
Were these standards breached by the Nova Scotia Home for Colored Children?
Yes, in several areas listed below. See more complete information in the answers to questions
about the NSHCC above.
the lack of an over all favourable climate is a critical breach, given the expectation that
residential care will provide children with what a reasonable parent would provide, a caring
environment, safety, nurture and optimal development
the sanctioning of humiliating and degrading punishment, including verbal and emotional
abuse, punishment for wetting the bed, and having to sleep in urine-soaked bedding
the administration of corporal punishment which is strictly forbidden in the standards
the lack of appropriate medical and dental care
the inadequate management and supervision
the lack of qualified staff and the lack of or limited training
and, most serious of all, failing to follow up on complaints and allegations of physical,
emotional and sexual abuse
24
Did the Province of Nova Scotia respond to these breaches, if any, in a substandard fashion
or not?
Yes
I formed my opinion by reviewing the actions of the Province against standards and by reviewing
provincial documents and the affidavits of Jane Earle and Michael Dull.
I am reasonably certain of my opinion that the Province's response to the breaches was
substandard. Senior management did not take adequate action on the general oversight of the
institution, and in particular ensuring that there was adequately qualified and trained
management and staff capable of operating an acceptable residential resource.
I have questions about how this happened over so many years. Were any contracts developed
outlining the services expected? Were there licensing requirements that had to be met? Were
there any annual operational reviews of the institution? When the Department was made aware of
specific problems such as inadequate food, inadequate staffmg, overcrowded dormitories, lack of
toys, degrading remarks by matrons and staff members and ultimately credible complaints about
abuse by a Director of a children's aid society, why was there never a full investigation or review
of the operations of the facility to address these issues? Any properly qualified social worker
should have been able to see in a very short time that the program in the NSHCC was seriously
flawed.
9. What areas of oversight, if any, did the Province of Nova Scotia fail in adhering to ensure
acts of physical, sexual, and emotional abuse did not occnr?
The Province did not provide adequate supervision of the management and program at the
NSHCC as outlined as a responsibility by Mr. F.R. McKinnon, Deputy Minister. Had attention
been paid early on to the low funding and resulting poor qualifications and training of the staff, it
is possible that with better qualified and trained staff that the incidents of abuse would have been
halted.
The Province also neglected its monitoring of the safely of the children by not addressing the
concerns of some of the provincial staff who made visits to the Home, and not investigating
adequately the very serious allegations brought by an Executive Director of a CAS.
For example, on March 22, 1954, Mr. A. P. Hunt, Executive Director, Yarmouth Children's Aid
Society sent a letter to Mr. F. R. McKinnon, Director of Child Welfare with a serious complaint
about a young girl who had been placed in a foster home from the NSHCC. She had a number of
stripes on her back and a bad bruise on her leg. This indicates to him that something "irregular'' is
going on at the Home. The little girl said that Mrs. Oliver had beaten her with a switch and a
broomstick. She spoke of another little girl who had been beaten until she cried out for mercy.
He goes on to say she "seems pathetic as she has been frightened there at the Home." He
mentions he has had several other complaints about the children being abused and ill treated at
the Nova Scotia Colored Home, including some former wards who were discharged from the
institution and are now on their own and are not afraid to talk. He also suggests an investigation
into the type of clothing the children were forced to wear "as she was sent out from the Home
looking like a tramp with an old ragged coat on about 4 inches too short for her and too tight ....
She had practically no underwear. She had an old nightdress made out of a flour bag."
25
On March 27, 1954, Mr. F. R. McKinnon replies and asks if he can use the information in talking
to the officials at the Colored Home, as he does not want to blunder in how he approaches it. Mr.
Hunt responds on March 31, 1954 and has obtained the permission of the foster parents who feel
the matter should be taken up with the management "in the Home in the interest of the other
children there." In this letter he adds that the child has told him they broke a child's small broom
handle over another child who had cried for help. He notes that a father of three children made a
complaint with reference to the abuse received by his children from the Home and if Mr.
MacKinnon were to contact him he would likely verify this statement. He added that he also had
a complaint from another former ward who was in the services.
Mr. MacKinnon took some action. He had a staff member, Miss J. R. Casey attempt to contact
the father who had complained. He was not at home, but she interviewed the oldest daughter of
the four children who had been there. She said she was never beaten, but her three sisters had
been beaten occasionally by some of the staff, but that the beatings were not severe. These
punishments were for breaking the rules, like leaving the playground or refusal to obey an order.
It was not noted which staff had done the beatings.
Miss Casey also interviewed Mr. Kinney, the Superintendent at the Home, and initially there was
denial of the incident. Eventually after further questioning, the staff person did admit to hitting
the little girl. Mr. Kinney said he had demoted her, and later said that he had fired her. He stated
he had made it clear to the staff that no child would be beaten again. There is no indication that
any other children who had complained, or any other children in the Home at the time were
interviewed about their treatment.
Given the seriousness of the allegations, and the number of complaints noted by Mr. Hunt, this
situation should have been given more attention. There should have been a thorough and
objective review of the situation at the Home, including sensitive interviewing of the children by
an experienced social worker that knew how to interview children. And there should have been
monitoring of the program for some time after. From the material I reviewed, none of this
happened. Although the Province took some action, it was insufficient given the seriousness of
the allegations.
Further, in 1983 Kathy Ridgley, a young resident complained about being sexually assaulted by
Georgie Williams, a male staff member. She subsequently and suddenly left the institution, as
did Georgie Williams, the alleged perpetrator of the abuse. The rumour amongst the residents is
that he was fired.
It appears from the Major Incident Report I reviewed, that the Children's Aid Society Worker
was notified and that she notified her supervisor. He said he would "confer with tougher
authorities as to the legal process." The social worker later called to say that no charges would be
laid against George if he was "suspended" from work and a letter "must be forwarded to the main
office re: all circumstances. George was not fired, but allowed to resign.
I
There is no evidence in the material I have been given to review that this event was reported to
the police, or that any criminal proceeding took place, yet this is an indictable offence. That
nothing appears to have been done placed all the other children at risk of future abuse.
It would be unusual for the Provincial child welfare authority responsible for this young girl not
to have been informed about this incident from the Children's Aid Society yet there is no
documentation about the position taken by the Province. I have no evidence to prove my
26
suspicions, but in a small community, tbe rumor mill abounds, so I question tbat people in
authority never heard about this incident. Why then was nothing done to deal with it properly? It
appears that Katby did not receive immediate counseling, which would be standard practice in
such a case. There did not appear to be any interviews of the other children in the Home to find
out if this was an isolated incident, or if other staff were involved in similar abuses. In essence,
tbere was no appropriate review of a very serious complaint. Had the Province had in place a
system of regular reviews of tbe program, practices and records of the NSHCC, these sorts of
occurrences could have been monitored and dealt witb appropriately. That there was no apparent
system, including no checking on the number of visits of social workers to the children, left them
at risk of harm.
In making my opinion, I reviewed the affidavit of Tracey Lynn Darrington-Skinner who made
reference to tbe assault complaint of Catby Ridgley and her immediate disappearance from the
institution and tbe Major Incident Report about tbe incident. I also reviewed internal documents
and letters from the Department of Social Welfare regarding the complaint of Mr. Hunt, CAS of
Yarmouth, plus media reports about tbose allegations.
I am reasonably certain that the Province of Nova Scotia breached its responsibility to the
children in the NSHCC by inadequately addressing the serious allegations of physical, emotional
and sexual abuse over several years that were systemic in nature.
10. Were there any other areas where the Province of Nova Scotia failed to meet its
obligation created by statute, policy or otherwise?
The Province had the responsibility to properly assess the adequacy of residential resources
approved for use in the Province and to ensure that the plans for the children were developed and
monitored in order to ensure tbe health, safety and development of the children as part of its duty
of care to tbe children.
The Children's Aid Society of Metropolitan Toronto Service Manual
06.01.01 Development of Outside Residential Resources
Policy
New outside resources and already established outside resources, which the Society is not
currently using, must be assessed before children in care are placed in them. Outside resources,
which the Society uses must be the subject of periodic re-assessments.
The procedures include interviews and site visits to collect information on a large number of
things, including:
a) age and type of child tbe resource might be able to serve
b) tbe physical plant
c) the philosophy and program content
d) educational facilities, on and off campus
e) recreational facilities
f) daily routines and year round activities
g) staff/child ratio and staffmg model
h) per-diem rate
i) tbe maximum number of children tbey can accommodate
27
j) the intake and discharge process
k) services offered to, and attitude towards, the families of the children in their care
I) consultative resources in the area, (e.g. doctors, psychiatrists, other group homes.)
Once the assessment is completed, it is shared with the resource and permission obtained to share
with other users of the resource and with an inter-agency committee for the assessment of outside
resources.
06.01.00 Role of the Social Worker in Outside Residential Resource
3. The (liaison) worker must visit the child as soon as possible for a child placed in an outside as
soon as possible (and within 30 days after transfer of the case) and then at least every 90 days
thereafter. They are to discuss goals and progress, develop and maintain a relationship with the
child and involve him/her in the planning and be involved in periodic reviews and revision of
plans.
The British Columbia Services Policy and Procedures Manual
May 1973
2. 77 Responsibilities of Special Placement Section
II. A. Ongoing Responsibilities
4. To maintain contact with specialized resources in order to be knowledgeable about
their program and the appropriateness of these for certain children.
5. To carry out research of an evaluative and follow-up nature.
II. D. While Child is Resident in Specialized Resource
l. To provide a liaison service between District Office and resource in co-ordinating
information about the child's progress, work with the family and discharge planning. This
involves:
a) attending conferences at specialized resource
b) obtaining regular progress reports from the resource and forwarding these to the
District Office
c) obtaining regular reports on working with the fitmily
d) co-ordinating the work of all agencies working with the child and his family
e) holding planning conferences when requested by District Office, specialized
resource, or other interested agencies
July 1978
2.14.7
I. Responsibilities for the Operation of Group Homes
The Standards divided up the responsibilities between Local Offices and Divisional Offices
Local Offices
Local offices were responsible among other things to ensure children placed are receiving proper
care and nutrition, noting Canada's Food Guide, to ensure that social work time is available to
carry out statutory requirements and more specifically to ensure they were in the care of the
Superintendent of Child Welfare under the legislation, provide consultation on treatment
28
methods, review progress and planning for each child and monitor the standard of service and
care provided for children placed.
Divisional Responsibilities
The Divisions were responsible to administer and monitor the group home program at the
Provincial level, to consult on budgets and make recommendations for equitable distribution of
available funds, develop and recommend changes of policy and standards where province-wide
consistency is important, provide consultation regarding operation and physical standards, review
all proposed agreements, maintain an information system and develop methods of accountability
and evaluation of group homes.
2.14.10
By June 1979 the District Office's monitoring responsibility required a specific plan for each
child placed.
2.14.8
By May 1981 the placement plan is further developed and requires short and long term goals, an
indication of how the resource will assist the child to achieve the goals, an on-going system to
review progress and modify plans and a method for determining whether the goals of the plan
have been achieved.
The Province does not appear to have done any regular assessment of the NSHCC, in fact, when
an opportunity arose to have an assessment done in 1973, the Province not only refused to cover
the $4,000 cost of the study, but a note on March 8, 1973, cautioned against it in case it might be
"another witch hunt" at the Department's expense. Further correspondence indicated a circling of
the wagons mentality. Mr. D. H. Johnson of Family and Child Welfare wrote in a letter to F. R.
MacKinnon, Deputy Minister that "Many of the items that the consultants have proposed to
consider could be answered in a matter of minutes by staff members of the Family and Child
Welfare Division. If so, why did they never do an assessment of the program?
The Province also never ensured that there was proper supervision and monitoring of the children
in care by the Children's Aid Societies and Provincial departments responsible. There were no
annual reviews as required by the B. C. Manual. The few visits made to the children left them
virtually warehoused at the NSHCC. According to the accounts of the residents, they rarely saw
their social workers, some not for years. This was a total abdication of responsibility on the part
of the child care authorities, but ultimately it is the Province that is responsible to ensure that
adequate monitoring is done.
In making my opinion, I reviewed correspondence between the NSHCC and the Province, the
affidavit of Michael Dull, particularly sections 38 to 45. I then reviewed the performance of the
Province against the BC and Metro Children's Aid Standards re oversight of the NSHCC and
found it seriously wanting.
I am reasonably certain that the Province of Nova Scotia failed to provide proper assessments of
the program at the NSHCC over the years and did not monitor appropriately the care of the
children, therefore leaving them at risk for neglect and abuse, breaching the duty of care to keep
them safe and healthy.
29
I
I
J
Prepared by:
Sandra Scarth
Child Welfare Consultant
February 2012
30
AN'I:NDL'( A
5$.0-1 (I}
I, SonJJa Sc:mlo. ofBtttii""ud Bll!', llritim Colymbi>, spilllisj in child "'<lfnte. Jo
h.,.Jn
I) l'h r<{'O<I dolod F<lmuu'r 14, 2012. [;an oij<eUI'< qtiniDo (uc !ho
court
2) 1om pn:JW<-l U> b...rify cOilijlly \\hh <lli<obom of tho coor1mJ npply
lr.RJ:<tilinl ji>IS""''11 wh"" ...W:int 1b; <o<llli
3) My aptr1 ;qor1 ilxlu:l.el .,-..yt!Ung !.hot. I n:goro "' n:\<>1IIII to lhc opinion
..,;[it IOM)1hing Uml wuld "'""'"'bey kod U> diAl:=< c""tlsion;
.f) i "'" puiiO me by porti<s "'100<1 os !"nib!< fuo 1&.
tcJ
>)I will notify cacti pillt)In \\Tiling ofo cbo-ngo io my or of aom!erllll fa<t tb3i
WM no< COMi.Ja<.<f .. h tho P,"t W>'l rrcpomi nOO oouJd <h< <opiniO<l
._, I'>OO us !X'ibl< oitOJ mlht d""'f'\'d oFit'Joo "' """"' of !be
rontc:rinl f'.rtct.
Dol<d ' Brnlwo."o!ld lioy, C<dwnbu, llril4"'dr offdxmry, 2illl.

31
Appendix B References
Bala, N. (1991) An introduction to child protection problems. In Bala, N., Hornick, J.P., & Vogl,
R. (Eds.) Canadian Child Welfare Law (pp. 1- 15). Toronto: Thompson Educational Publishing,
Inc.
Cruikshank, D. A. (1991) The child in care. In Bala, N., Hornick, J. P., & Vogl, R. (Eds.),
Canadian Child Welfare Law (pp. 77-106). Toronto: Thompson Educational Publishing, Inc.
Gil, D. G. (1975). Unraveling child abuse. American Journal of Orthopsychiatry, 45(3) 346-356.
Hagan, H. R. (1975). Child care institutions in relationship to other agencies. New York: Child
Welfare League of America.
Hall, M. (2000). The liability of public authorities for the abuse of children in institutional care:
Common law developments in Canada and the United Kingdom. International Journ.al of Law,
PolicyandtheFamily, 14,281-301.
Kadushin, A. (1980) Child welfare services, 3"' edition. New York, New York: Macmillan
Publishing Co., Inc.
Wolfe, D. A., Jaffe, P. G., Jette, J. L., & Poisson, S. E. (2001) Child abuse in community
institutions and organizations: Improving public and professional understanding. Ottawa: the
Law Commission of Canada.
Ho/lickv. City of Toronto
Amended Notice of Action and Statement of Claim dated April 8, 2011
2011 04 08 Court filed Amended Statement of Claim;
A 1998 10 11 article entitled Abuse Allegations Decades Old by Louise Surette;
A 1998 11 0 I article entitled Complaints Filed with RCMP, Province by Louise Surette;
Vol38 # 26: Homes- For Colored Children dated 1965;
Vol 53 #27: Homes- N.S. Home for Colored Children dated from 1962- 1968;
Vol64 # 5: Nova Scotia Home for Colored Children dated 1970;
Vol84 #5: N.S. Home for Colored Children dated 1971;
Vol89 # 4: N.S. Home for Colored Children. 1971;
Vol96 # 5: Homes- Nova Scotia Colored Children dated 1973;
Voll08 # 18: Home for Colored Children (Nova Scotia) dated 1975;
Voll20 # 14: Nova Scotia Home for Colored Children-1975 (Westphal);
Voll51 #13: Homes- N.S. Home for Colored Children dated 1976;
32
Voll98 #6: Nova Scotia Home for Colored Children dated from 1921- 1968.
Answers to Interrogatories of the Nova Scotia Home for Colored Children for the following
individuals:
Allison, Theresa October 27, 2006;
Armstrong, Robert September 27, 2006;
Armsworthy, Arlene November 2, 2006
Barkhouse, Rodney October 10, 2006;
Beals, Stacey October 31, 2006;
Borden, Krista October 31, 2006
Borden, Robert October 16, 2006;
Bridgeman, Phillis October 16, 2006;
Brown, Margaret October 27, 2006;
Campbell, Donna October 27, 2006;
Carvery, Paul October 27, 2006;
Chandler, Miles October 25, 2006;
Clyke, Roland October 30, 2006;
Comeau, Pauline October 5, 2006;
Criss, Elizabeth October 27, 2006;
Desmond, Candace October 31, 2006;
Desmond, Carol October 27, 2006;
Desmond, Gerald August 31, 2006;
Desmond, Jean October 27, 2006;
Dorrington, James October 27, 2006;
Dorrington, Lizette September 11, 2006;
Dorrington, Tracey October 30, 2006;
Elliot, Kathleen October 13, 2006;
Estw ick, Marcus October 16, 2006;
Farmer, Gifford September 29, 2006;
33
Fear, Anne
October 30, 2006;
George, Steve
August 2, 2006;
Gogan, Timothy
October 25, 2006;
Hall, Everett
October 25, 2006;
Harris, David
September 28, 2006;
Hayward, Sarah October 5, 2006;
Izzard, Hugbey
October 17, 2006;
James, Janice
October 30, 2006;
Kane, Darlene
October 17, 2006;
MacLean, Mary
September 21, 2006;
Mcintyre, Junior September 18, 2006;
Mcintyre, Rita
September 18, 2006;
Mcintyre, Timothy October 31, 2006;
Melanson, Shirley October 5, 2006;
Middleton, Harold
October 27, 2006;
Middleton, Raymond
October 30, 2006;
Middleton, Ruby June 7, 2006;
Milbury, Elizabeth
October 30, 2006;
Morash, Gordon
October 30, 2006;
Morrison, Gerald
October 18, 2006;
Newcombe, Zachary October 11, 2006;
Poole, Sheri
August 11, 2006;
Rand, Lawyer
September 28, 2006;
Russell, Eugene
October 25, 2006;
Scott, Marilyn July 25, 2006;
Silvea, Carl October 31, 2006;
Smith, Garnet September 25, 2006;
Smith, Edgar
October 31, 2006
34
Smith, Gordon September 18, 2006;
Peter, Smith October 31, 2006
Smith, Star-Anne October 27, 2006;
Smith, Tony September 15, 2006;
White, Leanne October 10, 2006;
Williams, Helen August 9, 2006;
Williams, Lena October 27, 2006.
Affidavits of the following individuals:
Affidavit of Michael Dull sworn on the 17th day of February, 2012 and filed with this notice;
Unsworn Affidavit of Aubrey Pelley;
Affidavit of Deanna Smith sworn on the 3"' day ofJanuary, 2012
Affidavit ofJane Earle sworn on the lOth day of February, 2012
Affidavit of Garnet Smith sworn on the 9th day of February, 2012
Affidavit of Stacey Beals sworn on the 15th day of February, 2012
Affidavit of Krista Borden sworn on the 13th day of February, 2012
Affidavit of Tracey Darrington-Skinner sworn on the 15th day of February, 2012
Affidavit of Star-Ann Smith sworn on the lOth day of February, 2012
Affidavit of Shirley Melanson sworn on the 13th day of February, 2012
Affidavit of Harold Middleton sworn on the 16th day of February, 2012
35
I
Appendix C Resume
SANDRASCARTH
7148 Brentwood Drive
Brentwood Bay, B.C. VSM 1B7
An adoptive parent and mother of four, Sandra has made a career of working for children.
She has worked for the Provincial Government of Manitoba, the Catholic Children's Aid
Society in Vancouver, the Children's Aid Society of Metro Toronto, the Child Welfare
League of Canada and Health Canada. She became the Executive Director of CHOICES
Adoption & Counselling Services in January 2004 and also consults on children's issues.
Sandra holds Bachelor of Arts and Bachelor of Social Work Degrees from the University
of Manitoba, and completed advanced child welfare training at the University of
Michigan. She received the Outstanding Lady Arts Graduate Award and the University
Women's Club Scholarship. She is a Fellow of the Adoption Centre ofNorth America.
In 1997 she was awarded the Friend of Children award from the North American
Council on Adoptable Children for her work in Canada and internationally on behalf of
children.
Province of Manitoba
1957- 1961 -Handled all child welfare services, including child protection and foster
care in a financially depressed rural area with a large metis community for four years.
Worked collaboratively with police, physicians, teachers and judges.
Catholic Children's Aid Society of Vancouver
1962- 1965- Worked part time for three years filling in for social workers in child
protection, foster care and adoption.
Metro Toronto Children's Aid Society
1968- 1982
supervised adoption in one of the branch offices
inter-agency liaison worker
seconded by the provincial government to assist with the adoption of children from
the Vietnam Airlift.
Government of Ontario
In 1982 she joined the Provincial Government of Ontario where she became Director of
Children's Services in the Ministry of Community and Social Services, responsible for
policy, program and standards development for child welfare, adoption, young offender,
children's mental health, native and prevention services. The development of the Better
36
I
. I
Beginnings project was a major accomplishment during this period. It is a longitudinal
research demonstration project in eleven communities, designed to integrate and improve
prevention and early intervention services for young children and their families.
Child WeHare League of Canada (CWLC)
In 1991 she was seconded to the Child Welfare League of America (CWLA) to set up a
Canadian office--incorporated in 1994 as the Child Welfare League of Canada (CWLC).
She left CWLC in January 1998. During her association with CWLC as founding
Executive Director, she:
led the development of the fust national Canadian public policy symposium on
broad children's issues Canada's Children: The Priority for the 90s
sponsored the five year benchmark follow-up conference Canada's
Children ... Canada's Future that attracted over 1200 delegates who worked together
to develop a consensus on a framework for a national action plan for children
co-authored a review and report on child protection services in Newfoundland (1995)
co-edited a special issue of CWLA's Child Welfare Journal, Cltanging the Child
Welfare Agenda: Contributions from Canada ( 1995)
worked with multi-cultural organizations across Canada to develop a publication in
15 languages for immigrant families explaining Canada's laws and practices on
parenting (1996)
developed a submission on Social Security Reform based on eleven focus groups
across Canada with youth, parents, foster parents and front line workers
conducted review and completed a report on adoption services in Alberta (1997).
authored a report on the federal government's role as Central Authority for
intercountry adoptions under the Hague Convention for Human Resources
Development Canada (HRDC) in 1997
conducted a feasibility study in partnership with the University of Toronto on a
national incidence study on child abuse which resulted in Health Canada funding the
Canadian Incidence Study of reported Child Abuse and Neglect (CIS) in 1997
member of planning committee for the International Summit of Sexually Exploited
Youth (1997 - 1998)
Health Canada
In May 1999 Sandra was employed as Special Advisor on children's programs for the
federal Health Promotion and Programs Branch, BCNukon region. In April 2000 she
took on a seven-month assignment as Acting Regional Director for the Branch.
Executive Director, CHOICES Adoption & Counselling Services - 2004- 2007
At request of Board of Directors, stepped down from President of the Board to take on
the position of Executive Director in January 2004 while current Executive Director was
on an educational leave that was initially to be for a one-year period.
37
I
.I
Consulting Role- Scarth & Associates
For BC Ministry for Children and Families/Ministry for Children and Family
Development
co-chaired a Task Force on Safeguards for Children and Youth in Foster or Group
Home Care (September 1997)
facilitated and wrote the Community Consultation Report for Program and Contract
Restructuring for the South Vancouver area (January 1998)
provided staff support for the Working Group on Secure Care (August 1998)
completed a practice audit of the Abbotsford and Chilliwack Resource Teams in the
Lower Fraser area (August 1999)
conducted a confidential case review of a contentious situation between a foster
parent and staff in a regional office and provided a report outlining steps to be taken
to resolve the situation (August 2000)
co-managed a project that developed a discussion paper Working with Community to
Support Children, Youth and Families: A System of Care. The paper articulates an
integrated system of services for children and youth (January 2002)
assisted with the companion document to the above System of Care paper that listed
summaries of evidence-based services. The work included researching, drafting and
reviewing specific sections of the document (March 2002)
developed a policy paper Strategies to Build Capacity in Service Delivery for the
Child and Family Steering Committee on Community Governance (February 2003)
developed a discussion paper Strategic Service Delivery Considerations for the Child
and Family Steering Committee on Community Governance (February 2003)
assisted with development ofMCFD Child and Family Service Standards (2003-
2004)
Other projects
Appointed to Working Group on Child and Youth Mental Health Services that
published Foundations for the Future. Prepared for the Federal/Provincial!ferritorial
Advisory Committee on Mental Health (March 1990)
appointed by Justice Canada as the non-governmental delegate to the Hague Special
Commission on Intercountry Adoption (1992-93)
co-authored the Children's Residential Resource Review for the Yukon Territorial
Government (July 1998)
co-authored the PEl Child Protection Review (December 1998)
completed a program review of an aboriginal adolescent alcohol and drug treatment
program for the St. Norbert Foundation in Manitoba (December 2000)
developed a discussion paper on Federal Responsibilities in Inter-country Adoption
for Human Resources Development Canada (May 2001)
conducted the Looking After Children Needs Assessment Survey with Fran Mclninch
for the Child Welfare League of Canada (September 2001)
38
Conducted a review and provided recommendations for improvements to the
provincial adoption program for Alberta Children's Services (February, 2006)
Volunteer Activities
president of the board of Adoption Council of Canada (ACC), Ottawa, Canada (2001
2012)
vice president of the North American Council on Adoptable Children (NACAC) St.
Paul, Minnesota, USA (2003- 2012)
People's Warden, St. Stephen's Anglican Church, Saanichton (2009- present)
Member, Anglican Diocesan Refugee committee, (2011-present)
Co-wrote policy paper for the Canadian Coalition for the Rights of Children for the
alternate report to the UN Committee on the Rights of the Child. The Right to
Family, Identity and Culture. (2011)
Co -wrote and presented submission on behalf of the Adoption Council of Canada to
the Standing Committee on Human Resources, Skills and Social Development and
the Status of Persons With Disabilities regarding the role of the federal government in
adoption (November 2010)
former viCe-president of the Society for Children and Youth of B.C., Burnaby, British
Columbia
past chair of the board of CHOICES Adoption and Counselling Agency, Victoria,
British Columbia
former executive committee member of the Canadian University Women's Club,
Sidney, British Columbia
former board member of Justice for Children and Youth in Toronto
former volunteer counselor and board member of the Ottawa Rape Crisis Centre
served on the National Steering Committee for the Canadian Coalition for the Rights
of Children (CCRC)
previous chair (1997- 2003) of the National Advisory Committee on the Canadian
Incidence Study on Reported Child Abuse and Neglect (CIS)
Respond to various requests for views or consultation on adoption and other child
welfare issues by the media, federal government (e.g., citizenship legislation, reviews
of inter-country adoption role), provincial governments (e.g., rights of children,
review of adoption practice in Alberta; open adoption legislation, policy and practice
in Ontario), Ontario judges training institute (e.g., open adoption for older children)
and the media on many adoption issues.
Selected Publications
Scarth, S. (1993). Child Welfare at the Crossroads. Perception: Canada's Social
Development Magazine, Vol. 17, (pp. 5 - 8.) Scarth, S., Wharf, B., & Tyrwhitt, E. (Eds.)
Changing the child welfare agenda: Contributions from Canada. (1995) Child Welfare:
Journal of Policy, Practice, and Program. Vol. LXXIV,# 3
39
Geoffrion, S., & Scarth, S. (1995) Support and prevention programming: Themes, policy
implications, and research agenda. Toronto: Thompson Educational Publishing. Inc.
Carriere, J., & Scarth, S. (2007). Aboriginal children maintaining connections. In I.
Brown, F.Chaze, D. Fuchs, J. Lafrance, S. McKay, & S. Thomas Prokop (eds.), Putting a
Human Face on Child Welfare: Voices from the Prairies (pp. 203-221). Prairie Child
Welfare Consortium and Centre of Excellence for Child Welfare.
Scarth, S., & Sullivan, R. ((2007). Child welfare in the 1980's: A time of turbulence and
change. In B. Wharf & L. Foster (eds.), Child Welfare in British Columbia.
References Available on request
(250) 544-0901 Email: sandrascarth@shaw.ca
40
I
. I
Form 39.09
2011
Hfx. No. 343536
This is Exhibit "B" referred to in the
affidavit of Sandra Scarth ,
[swornltt(fo mell] before me
on 10 20lJ_
I
I
SANDRASCARTH
7148 Brentwood Drive
Brentwood Bay, B.C. VSM 1B7
An adoptive parent and mother of four, Sandra has made a career of working for children. She
has worked for the Provincial Government of Manitoba, the Catholic Children's Aid Society in
Vancouver, the Children's Aid Society of Metro Toronto, the Child Welfare League of Canada
and Health Canada. She became the Executive Director of CHOICES Adoption & Counselling
Services in January 2004 and also consults on children's issues.
Sandra holds Bachelor of Arts and Bachelor of Social Work Degrees from the University of
Manitoba, and completed advanced child welfare training at the University of Michigan. She
received the Outstanding Lady Arts Graduate Award and the University Women's Club
Scholarship. She is a Fellow of the Adoption Centre of North America. In 1997 she was awarded
the Friend of Children award from the North American Council on Adoptable Children for her
work in Canada and internationally on behalf of children.
Province of Manitoba
1957- 1961 -Handled all child welfare services, including child protection and foster care in a
fmancially depressed rural area with a large metis community for four years. Worked
collaboratively with police, physicians, teachers and judges.
Catholic Children's Aid Society of Vancouver
1962 - 1965 - Worked part time for three years filling in for social workers in child protection,
foster care and adoption.
Metro Toronto Children's Aid Society
1968- 1982
supervised adoption in one of the branch offices
inter-agency liaison worker
seconded by the provincial government to assist with the adoption of children from the
Vietnam Airlift.
Government of Ontario
In 1982 she joined the Provincial Government of Ontario where she became Director of
Children's Services in the Ministry of Community and Social Services, responsible for policy,
program and standards development for child welfare, adoption, young offender, children's
mental health, native and prevention services. The development of the Better Beginnings project
was a major accomplishment during this period. It is a longitudinal research demonstration
project in eleven communities, designed to integrate and improve prevention and early
intervention services for young children and their families.
Child Welfare League of Canada (CWLC)
1
In 1991 she was seconded to the Child Welfare League of America (CWLA) to set up a Canadian
office--incorporated in 1994 as the Child Welfare League of Canada (CWLC). She left CWLC
in January 1998. During her association with CWLC she:
led the development of the frrst national Canadian public policy symposium on broad
children's issues Canada's Children: The Priority for the 90s
sponsored the five year benchmark follow-up conference Canada's Children ... Canada's
Future that attracted over 1200 delegates who worked together to develop a consensus on a
framework for a national action plan for children
co-authored a review and report on child protection services in Newfoundland (1995)
co-edited a special issue ofCWLA's Child Welfare Journal, Changing the Child Welfare
Agenda: Contributions from Canada ( 1995)
worked with multi-cultural organizations across Canada to develop a publication in 15
languages for inunigrant families explaining Canada's laws and practices on parenting
(1996)
developed a submission on Social Security Reform based on eleven focus groups across
Canada with youth, parents, foster parents and front line workers
conducted review and completed a report on adoption services in Alberta (1997).
authored a report on the federal government's role as Central Authority for intercountry
adoptions under the Hague Convention for Human Resources Development Canada (HRDC)
in 1997
conducted a feasibility study in partnership with the University of Toronto on a national
incidence study on child abuse which resulted in Health Canada funding the Canadian
Incidence Study of reported Child Abuse and Neglect (CIS) in 1997
member of planning committee for the International Summit of Sexually Exploited Youth
(1997 - 1998)
Health Canada
In May 1999 Sandra was employed as Special Advisor on children's programs for the federal
Health Promotion and Programs Branch, BC/Yukon region. In April2000 she took on a seven-
month assignment as Acting Regional Director for the Branch.
Executive Director, CHOICES Adoption & Counselling Services - 2004-2007
At request of Board of Directors, stepped down from President of the Board to take on the
position of Executive Director in January 2004 while current Executive Director was on an
educational leave that was initially to be for a one-year period.
Consulting Role- Scarth & Associates
For BC Ministry for Children and Families/Ministry for Children and Family Development
co-chaired a Task Force on Safeguards for Children and Youth in Foster or Group Home
Care (September 1997)
facilitated and wrote the Community Consultation Report for Program and Contract
Restructuring for the South Vancouver area (January 1998)
provided staff support for the Working Group on Secure Care (August 1998)
2
completed a practice audit of the Abbotsford and Chilliwack Resource Teams in the Lower
Fraser area (August 1999)
conducted a confidential case review of a contentious situation between a foster parent and
staff in a regional office and provided a report outlining steps to be taken to resolve the
situation ( August 2000)
co-managed a project that developed a discussion paper Working with Community to Support
Children, Youth and Families: A System of Care. The paper articulates an integrated system
of services for children and youth (January 2002)
assisted with the companion document to the above System of Care paper that listed
summaries of evidence-based services. The work included researching, drafting and
reviewing specific sections of the document (March 2002)
developed a policy paper Strategies to Build Capacity in Service Delivery for the Child and
Family Steering Committee on Community Governance (February 2003)
developed a discussion paper Strategic Service Delivery Considerations for the Child and
Family Steering Committee on Community Governance (February 2003)
assisted with development ofMCFD Child and Family Service Standards (2003- 2004)
Other projects
Appointed to Working Group on Child and Youth Mental Health Services that published
Foundations for the Future. Prepared for the Federal!Provincialfferritorial Advisory
Committee on Mental Health (March 1990)
appointed by Justice Canada as the non-governmental delegate to the Hague Special
Commission on Intercountry Adoption (1992-93)
co-authored the Children's Residential Resource Review for the Yukon Territorial
Government (July 1998)
co-authored the PEl Child Protection Review (December 1998)
completed a program review of an aboriginal adolescent alcohol and drug treatment program
for the St. Norbert Foundation in Manitoba (December 2000)
developed a discussion paper on Federal Responsibilities in Inter-country Adoption for
Human Resources Development Canada (May 2001)
conducted the Looking After Children Needs Assessment Survey with Fran Mclninch for the
Child Welfare League of Canada (September 2001)
Conducted a review and provided recommendations for improvements to the provincial
adoption program for Alberta Children's Services (February, 2006)
Volunteer Activities
president of the board of Adoption Council of Canada (ACC), Ottawa, Canada (2001 -
2012)
vice president of the North American Council on Adoptable Children (NACAC) St. Paul,
Minnesota, USA (2003 - 2012)
People's Warden, St. Stephen's Anglican Church, Saanichton (2009- present)
Member, Anglican Diocesan Refugee committee, (20 !!-present)
3
Co-wrote policy paper for the Canadian Coalition for the Rights of Children for the alternate
report to the UN Committee on the Rights of the Child. The Right to Family, Identity and
Culture. (2011)
Co -wrote and presented submission on behalf of the Adoption Council of Canada to the
Standing Committee on Human Resources, Skills and Social Development and the Status of
Persons With Disabilities regarding the role of the federal government in adoption
(November 2010)
former vice-president of the Society for Children and Youth of B.C., Burnaby, British
Columbia
past chair of the board of CHOICES Adoption and Counselling Agency, Victoria, British
Columbia
former executive committee member of the Canadian University Women's Club, Sidney,
British Columbia
former board member of Justice for Children and Youth in Toronto
former volunteer counselor and board member of the Ottawa Rape Crisis Centre
served on the National Steering Committee for the Canadian Coalition for the Rights of
Children (CCRC)
previous chair (1997 - 2003) of theN ational Advisory Committee on the Canadian Incidence
Study on Reported Child Abuse and Neglect (CIS)
Respond to various requests for views or consultation on adoption and other child welfare
issues by the media, federal government (e.g., citizenship legislation, reviews of inter-country
adoption role), provincial governments (e.g., rights of children, review of adoption practice in
Alberta; open adoption legislation, policy and practice in Ontario), Ontario judges training
institute (e.g., open adoption for older children) and the media on many adoption issues.
Selected Publications
Scarth, S. (1993). Child Welfare at the Crossroads. Perception: Canada's Social Development
Magazine, Vol. 17, (pp. 5 - 8.)
Scarth, S., Wharf, B., & Tyrwhitt, E. (Eds.) Changing the child welfare agenda: Contributions
from Canada. (1995) Child Welfare: Journal of Policy, Practice, and Program. Vol. LXXIV,# 3
Geoffrion, S., & Scarth, S. (1995) Support and prevention programming: Themes, policy
implications, and research agenda. Toronto: Thompson Educational Publishing. Inc.
Carriere, J., & Scarth, S. (2007). Aboriginal children maintaining connections. In I. Brown,
F.Chaze, D. Fuchs, J. Lafrance, S. McKay, & S. Thomas Prokop (eds.), Putting a Human Face
on Child Welfare: Voices from the Prairies (pp. 203-221). Prairie Child Welfare Consortium and
Centre of Excellence for Child Welfare.
Scarth, S., & Sullivan, R. ((2007). Child welfare in the 1980's: A time of turbulence and change.
In B. Wharf & L. Foster (eds.), Child Welfare in British Columbia.
4
References Available on request
(250) 544-0901
Fax: (250) 544-0902 Email: sandrascarth@shaw.ca
I
I
5

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2011

SUPREME COURT OF NOVA SCOTI

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