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Childrens Aid Society of Ontario claims that their mission is to build stronger bonds in families

Saturday, June 28, 2014 - Accused - Marcia Hamilton

Hey just an update on the whole recording scenario with the CAS worker. It was not thrown out but the judge did not listen to the actual recording but agreed to give the recording transcript some weight in his decision. The mother was given the return of her baby immediately with a temporary care supervision order because the society failed to prove their concerns and the onus was theirs to prove. they were are cautioned about their credability. The lawyer did a great job.So one party consent is admissible.


sorry for my typing error, I actually meant one party consent is admissible. it was admitted , however the judge chose not to listen to the recording, very sorry for my typing error, i hope this encourages everyone to record to protect themselves from the CAS when they choose to do wrong and hide the truth and falsely discredit you.


recordings may as per one party consent are admissible. this particular judge on this particular occasion exercised his/her judicial discretion and choose not to allow the audio recording to be played.

another judge or even this same judge on another day may have exercised judicial discretion differently and allowed it.

please Marcia, don't present this as recordings made as per the CCC section 183.1 "one party consent" law aren't admissible in court. that is not correct. doing so may discourage others from making those very important recordings.

happy to hear the baby is going home to family. more than likely the judge ordered this both based on the "best interests" facts and hoping that by doing so the lawyer wouldn't appeal the judge's decision to not allow the recording to be entered in as evidence.


some judges are not listening to them. So it is best to get key short parts and transcripts of them.


Vernon Beck Recordings should be used in court ONLY as backup to actual transcripts of the recordings. Make transcripts and submit them into the court record and make reference that you have the recording to give to the court if the court chooses to do so. In all cases written transcripts must be prepared before going to court.


Chris Carter: actual recordings convey important elements of the interaction such as inflection, intonation, loudness of voices, etc...which the transcript doesn't.

also if the court insists that the recording be transcribed by a licenced or registered or officially recognized transcriber, many of us can't afford to have recordings transcribed.

perhaps judicial discretion allows for them to prevent recordings from being played into the record while they can't prevent transcripts...? such distinction is probably buried deep in the common and/or statutory laws? so that might be an advantage to transcripts.



Chris Carter: entering recordings into a proceeding esp. at the point it goes to trial is a guaranteed right as per the legal doctrine of "full answer and defence." people can learn about these "doctrines" and "presumptions" and "rules" and "practises" and so much more only by reading legal dictionaries.

many public libraries have legal dictionaries which can be signed out, taken home and read in the comfort of your home lying down on the sofa with the hockey game on tv for background noise as at least one CWer is in the habit of doing. lol.

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Children's Aid Society of Ontario claims that their mission is to build stronger bonds in families

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X A mother who is tired of being abused by the Children's Aid Society of Ontario finally did the right thing,she recorded the worker and now has evidence to assist her to win the battle for her child. She was also very lucky to find a good lawyer to... More >>
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