Supreme Court findings should have put an end to the misfeasance. The Ministry followed up with actions summarized in the judgment as providing false and misleading information, breach of fiduciary duty, failure to investigate reports of sexual abuse, wrongful apprehension, antipathy, failure to abide by orders and directions of the court, deliberate or gross neglect, callous indifference to children’s needs, refusal to accept the findings of the court, and on and on for over 200 pages. This most recent case (and the original custodial case) centres on MCFD Vancouver facilitating unsupervised access to a father identified as a sexual abuser, despite a court order not to, and keeping those children away from the protection of their mother. Misfeasance: the wrongful performance of an obligation. Malfeasance: “Mal” from the French, meaning evil, bad performance of an obligation.Ī man, in sexual abusing his children and beating his then spouse, in this case did the original evil. British Columbia (Children and Family Development), 2015 BCSC 1216 ( read the full judgment here). The record will mark this place in our history with: J.P. Walker issued a judgment of misfeasance against the Ministry of Children and Family Development (MCFD) that removed immunity from liability for many of ministry staff and social workers involved. A few short weeks ago, precedent was set in Canadian law-B.C.
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