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Can a CAS worker bring a police officer to the door and demand entry?

Wednesday, December 4, 2013 - CAS - Canada Court Watch - Canada Court Watch

They can if they are there to apprehend. No warrant required.
CAS workers bring police to make people believe that they have to let them in so that they can conduct an illegal search of the home.

If they do not have paperwork, do not let them in. Once you allow police to step over your door, they can do anything. Always refuse entry, unless it is court ordered.

I have had police and CAS a few times.. and a few times police refused entry to CAS… but they looked around.

Papers are not required for an apprehension. Neither is a warrant.

They can apprehend your child without paperwork or explanation and not serve you with anything until thirty seconds before you walk into court five days later.

I was told via voicemail message when Court was and only because I inquired. I was provided NOTHING!!!!


reality that cop can use deadly force in the best interest of a child and no papers are needed when those issues are the concern


Unless laws have changed since 2009 they don't have to give you a damn thing. I don't post information if I don't know what I am talking about. I have lived it!


If there is cause to believe thw child is in immediate and extreme danger. More often than not, the CAS uses the police as a scare tactic...


I meant not being provided with any paperwork. And it was never maintained that my children were in danger. Not even in their own affidavits.


they do not need papers to come for a visit if they take you to court then you will be served


Yes, Jack, you will be served, but you don't need to be at the time of apprehension. I was served the morning of court.
And of course I had a lawyer, a damn good one, who also told me they did not need to provide anything in the case of an apprehension.


each apprehension is different and different circumstances like this post who knows what really the story is


Agreed.. and we all know with or without paper work if CA$ want's in the door they will use the cops to do the dirty work


child protection is more serious than murder




Or charged with false allegation's and left to pay out the a$$ to prove ourselves innocent.


My case was crazy because they said I was unfit to parent my children, but knew I worked in a school with vulnerable students and didn't think to check in there.


The transformation of a child protection social worker
Jack Justice's photo.


Are they there under section 40 of the cfsa?


Alright people, you only have to let them in pursuant to section 40 of the cfsa.. Even then you can demand it to be the police as they can act as Child Protection Workers, and have cas stand in the cold...It's the law.


no, only if you invite the police in but other that that, the Police cannot enter the Home as they would need a Warrant to enter but if they do have legitimate child protection concerns, like it was an emergency and hears a child crying or screaming and yeah they can enter the home under exigent circumstances, and CAS Workers can enter whenever they want, under CFSA Act, they will threaten you even with apprehension, but if the person said no, they can refuse entry to their home. That's it, CAS Workers will try anything they want, threat etc. People have the right to refuse entry but they can force their way in if they completely believes the child is in need of protection.


I'm sure they've managed to do it without papers...but whether or not it's LEGAL...that I don't know. They don't follow their own rules as we all know.


Vernon Beck Neither police or CAS workers can demand entry without a warrant unless to conduct an apprehension. If they are there to apprehend then bring the child to the entrance of the home. If they are not there to apprehend, then they cannot come into your home. Even with an apprehension they cannot enter your home if the child is brought to the door. CAS workers bring police to make people believe that they have to let them in so that they can conduct an illegal search of the home.

At all times audio and video record the police and workers at the door secretly. If they enter the home without informed consent, then this is an unlawful entry. Police know they are not supposed to enter a home without permission or without a valid warrant.


Under section 40 of the CFSA to apprehend a child( child family services act) yes they can
Police do need a warrant to search


Ontario is the only Province who do not need a warrant if they feel a child/children are at immediate risk or in danger


The legal removal of a child from the care of his/her parent(s) or person(s) in charge of the child. Under the CFSA, child protection staff can apply for awarrant to apprehend children. Where a child protection worker believes on reasonable and probable grounds that a child is need of protectionand there would be a risk to the child’s health or safety to bring the matter on for a hearing or to apply for a warrant, the worker may without a warrant, bring the child to a place of safety. (CFSA Section 40 7.)
Police officers may also apprehend in certain circumstances (see CFSA Section 40.)


Not the same as a search of your home, for which they must have a warrant


If there's a section under 40 that states they must lawfully be permitted to enter your home, please enlighten me. I'm still learning.


when child/children is apprehended CAS must bring you to court within 5 days-- have a affidavit ready and secretly record legal to do under the criminal code of Canada section 183.1 you do not need there permission to do as you are the one party consenting to this


Vernon Beck Lisa, if the child is brought to the door, the CAS cannot enter nor can the police pass the point necessary to apprehend the child. To search a home and look around requires a search warrant or permission from the owner/tenant.

In the vast majority of time CAS workers are using police to bully parents into allowing entry to look around, not to apprehend. Too often parents give them consent to enter just because of the officer being present.

if CAS workers are not there to apprehend and just want to come in to see you then tell the CAS worker you will be glad to set up an appointment at another time and make the police officer aware of this. The police officer has an obligation to have the CAS worker leave your property immediately if you request it. Tell the officer to get the CAS worker to leave and be sure to get it recorded for if the police officer does not tell the CAS worker to leave then the police officer can be disciplined.

----

Under section 40 of the CFSA ( child family service act) CAS can apprehend a child Ontario is the only province who do not need a warrant to do this
but Police need a warrant to search


Vernon Beck Here is a tip to scare away the CAS worker and the police. When they come to the door, connect a video call through skype on a laptop or one of those Ipads with a video camera. Get an advocate or your lawyer on the other end.

Once a live 2 way video connection has been made then point the video cam at the CAS worker and police. The third party advocate can watch and record all the action while police can see that they are being monitored and likely recorded by live video. The CAS worker and police can even speak to the advocate live.

Chances are the CAS and the police will turn around and go back to where they came from once they see they are being recorded.

---

In my case police had a warrant to search.. but that warrant did not allow CAS to search so when they went to follow the police.. I directed them to the front door and outside.. the CAS complied.
14 hours ago · Like

cas are only for child protection- bring you to court at anytime- or section 40 and must bring you to court withen 5 days when apprehended with warrant or without
14 hours ago · Edited · Like

I tried that Vern, and had the phone and the recording device violently taken from my hands


There is absolutely nothing in this world that will stop the police or "cas" from entering a home where a child is in need of protection NOTHING. Once the child is apprehended then the two year protection application process happens. In most cases legal aid which allows 25 hours @$100 an hour to the lawyer to prepare do a pre trial and a trial. In saying that this post is specifically targeting a CHILD IN NEED OF PROTECTION


http://www.cbc.ca/.../cocaine-trafficking-charges-laid...


they can come all they want but if they don't bring a warrant then have no right to come in and you don't have to answer the door


get your camera ready and when and if they do come video tape but don't answer the door and if you know they are coming take your children and go hide


child protection does not require a warrant never has


They don't need a warrant if there kids there


However, You should know that in most cases when entry is refused both the police and the CAS will automatically assume some guilt. Which means that they will probably be back with a warrant if they are serious enough.

Refer to Section 40 of the CAFSA. Entry can be forced and without a warrant if the attendance is for the purpose of apprehension. Even if a No Trespass Order has been served on the CAS, it is null and void if they intend to apprehend, and they can use police to force entry if the family fails to cooperate.

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- Canada Court Watch
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Wednesday, December 4, 2013
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