Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part One

It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental organizations often assume that you are guilty first and that you have to prove your innocence; otherwise, you suffer negative consequences.

An example is the requirements that the Ontario College of Teachers (OCT) imposed on me in order for me to qualify as a teacher in the province of Ontario after I moved from the province of Manitoba. To qualify as a teacher in Ontario, you must gain the approval of the OCT. The OCT website explains what this organization does:

ABOUT THE COLLEGE

The Ontario College of Teachers licenses, governs and regulates the Ontario teaching profession in the public interest.

Teachers who work in publicly funded schools in Ontario must be certified to teach in the province and be members of the College.

The College:

  • sets ethical standards and standards of practice
  • issues teaching certificates and may suspend or revoke them
  • accredits teacher education programs and courses
  • investigates and hears complaints about members

The College is accountable to the public for how it carries out its responsibilities.

You can find the qualifications, credentials and current status of every College member at Find a Teacher.

The College is governed by a 37-member Council.

  • 23 members of the College are elected by their peers
  • 14 members are appointed by the provincial government.

To qualify as a teacher in Ontario, among other things, you have to answer a questionnaire. On the questionnaire, there are questions concerning arrest–and since I was arrested by the RCMP (the Royal Canadian Mounted Police)  (but never convicted), I was obliged to prove my innocence in various ways. Despite no conviction, in other words, I had to prove my innocence. The social-democratic or social-reformist left, of course, are silent about such conditions (they are probably unaware of them).

I sent, along with my explanation, a table that I had constructed concerning my experiences (and the experiences of my daughter, Francesca) with the child welfare organization Winnipeg Child and Family Services (CFS), located in Winnipeg, Manitoba, Canada.

The table that I constructed about events is a revised version (always subject to change as I gather further evidence or order it better). I posted it earlier (see  A Personal Example of the Oppressive Nature of  Public Welfare Services).

Below is my answer to the first question:

I. Explanation for the investigation of Dr. Fred Harris by the CFS [Child and Family Services] and the RCMP [Royal Canadian Mounted Police–the national police in Canada] (related to the accompanying table, which forms part of the explanation):

In all probability, my daughter panicked when I gave her the letter concerning my operation related to cancer; I categorically deny ever having choked my daughter. (My daughter recently told me that she had subsequently indicated to either the WCFS or to the RCMP that I had not choked her).

She may also not been able to face the fact that she had been violent towards her father when he had cancer. The only action that I regret is throwing the tea. I certainly had no intention of hurting my daughter, but for that I am responsible—nothing else. I lost control—that is a fact. The mitigating circumstance is that I had, unknown to myself, cancer at the time, which subsequently was considered to be terminal, in all probability.

However, the initial accusation by the WCFS was that I had choked my daughter; there was no reference to my throwing tea. Given the practical abuse of Francesca for over a decade by the mother—and the neglect by the WCFS in recognizing such abuse (it was only subsequent to the arrest that the WCFS apologized to Francesca, indicating that she had indeed been abused by her mother)—the timing of the apprehension of Francesca is certainly suspect.

Given both the timing and the fact that the ground for the apprehension was the falsehood that I had choked Francesca, I made it clear in court that I was acquiescing “without prejudice.” I then began to send a variant of the supplementary table to the Minister of Justice, the Minister of Education and the Premier, Greg Selinger, implying that they had apprehended Francesca on false grounds. This may have precipitated the investigation by the RCMP.

I asked my daughter this last December (2013) when the issue of the tea came up. She indicated that that issue arose subsequently. My interpretation is that the RCMP was fishing for any grounds (with the probable support of the CFS) for arresting me in addition to the false claims that I had choked my daughter and had thrown her to the ground. My interpretation is that the capitalist government was using Francesca to hide its own criminal neglect of Francesca for over a decade (and, possibly, because her father is a Marxist).

The need to hide the criminal neglect of the WCFS may have even been more urgent for the WCFS since Francesca, in claiming that I had choked her, also apparently claimed that her mother’s common-law husband had sexually abused her. (When she made that claim I am uncertain. On Father’s Day, 2010 Francesca informed me that she had told the WCFS that she had been sexually abused. If true (it is still before the court), the WCFS’s lack of action for over a decade would have contributed to such abuse.) [The court eventually dismissed the allegation of sexual abuse against the common-law husband of Francesca’s mother; I now believe that Francesca was sexually abused by him despite the court’s decision. I will  explain that in another post.]

I do not regret what I did (apart from the incident of the tea). The apology ten years after the fact is hardly sufficient for the persistent abuse that Francesca was subject to over the years. The WCFS and the CFS is a fascist organization that acts as if Canadian citizens are guilty first and must prove their innocence afterwards. It uses intimidation tactics (such as the letter of January 2004 and the October 6 2010 phone call by Darryl Shorting) to achieve its ends.

It is instructive that it is I who have to provide an explanation of the investigation. Undoubtedly, it could be argued that it is not the WCFS that is applying for teacher certification. That is true. However, the WCFS apparently need not explain anything at all to anyone.

My explanation, then, is that the organization that need not explain (the WCFS and the CFS) itself needs to explain—its neglect of Francesca (and probably many, many other children) for over a decade. It is necessary to expose such behaviour if the problem is going to be resolved—and not presume that those who have been investigated by such an organization have to explain their actions. It is the WCFS that needs to explain its (in)actions—and it will only have to do so if its neglect is exposed.

However, the WCFS will continue to act undoubtedly with impunity—until those who are intimidated by the WCFS (and the consequences that flow from speaking out) speak up and end the silent oppression that characterizes such an organization. Children deserve much more than the neglect characteristic of the WCFS and the CFS. Such a situation is characteristic of adult behaviour in general in relation to children (see the accompanying article, “Dewey’s Concepts of Stability and Precariousness in his Philosophy of Education”).

This is part of my explanation for answering “yes” in several of the questions.

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