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.

A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One

The following may not seem appropriate since it is supposed to be a political blog. However, the personal is sometimes political, and the political is sometimes personal. Political lessons can sometimes, therefore, be drawn from personal experiences. It will also serve as an antidote against the illusions of the social-democratic left, who isolate the various forms of injustices and treat them as independent of each other–a typical methodological trick by the social-democratic left.

Indeed, when I was still a teacher at a school, one union rep implied that certain experiences that I outlined had more to do with purely domestic conflicts. Such an isolation of family relations forms part of the typical methodology of social democracy.

For that reason, I am also including a published essay on Dewey’s conception of language and the human life process on my blog, in the section Publications and Writings. It undoubtedly is limited in many ways and may indeed contain errors, but the idea that the human life process as integrating many elements and hence as comprehensive is relevant for understanding the world.

I will copy, little by little, be, a complaint that I filed against a social worker, Mr. S.W., of Winnipeg, Manitoba, Canada. There was a court-ordered assessment to be performed concerning the relationship between the parents and Francesca Alexandra Harris, their daughter, in the summer of 1998.

I am not including the name of the social worker since it is possible that he would try to take me to court; despite the documentation that I possess against a report he wrote, it is quite possible that a judge would side with him due to joint political bigotry. I am replacing his name with Mr. S.W. (appropriate given the social-reformist nature of most social workers as well as how the Manitoba Institute of Registered Social Workers handled the complaint). The complaint has to do with my daughter, Francesca Alexandra Romani (ne Harris).

I will first provide the first couple of pages of the complaint, which stimulated me to write the complaint, in order to provide the context of what follows. I then may not follow the order of the complaint since I may want to bring out earlier the more directly political aspect of my experience.

The political hostility expressed in the assessment is similar to what I have experienced by many social-democratic leftists here in Toronto. This did surprise me at the time, but it no longer does. I have been called a “condescending prick” (by Wayne Dealy, union rep for local 3902 of the Canadian Union of Public Employees (CUPE)–one of the largest unions in Canada. I have been called delusional on Facebook by one of the Facebook friends of another local union rep, Tina Faibish (president of local 552 of the Ontario Public Service Employees Union (OPSEU). I was also called insane by Errol Young (a member of the anti-poverty organization Jane and Finch Association Against Poverty) (JFAAP). I have also experienced a condescending attitude towards my criticisms among the left here.

For those who do attempt to engage in criticism of the power of employers as a class, you can expect such hostility. That hostility may even extend to your family, even if it is indirect and subtle.

From the complaint (February 18, 2000):

This is a belated complaint against Mr. S.W., registered social worker. It has been more than a year since the initial  court-ordered assessment (document 1) done by Mr. S.W. was completed and provided the court and counsel for Mr. Harris and, Mr. Harris presumes, his ex-wife, Ms. Harris.

What prompts Mr. Harris now to make the complaint is the following: in July of this year his daughter, Francesca Alexandra Harris, complained to him that her mother was using a wooden thing (“paleta” in Spanish) to her on the buttocks. She also complained that her mother used a belt to spank her on the same area.

Mr. Harris confronted Ms. Harris with the allegation when he dropped her of on a Sunday in July. Ms. Harris threatened to call the police (she and Mr. Harris have mutual non-molestation orders against each other). Mr. Harris told his daughter that he would call Child and Family Services and that hopefully someone would put a stop to such forms of punishment. Ms. Harris grabbed his daughter and practically forced her into the apartment block.

The next day Mr. Harris called Child and Family Services; they told Mr. Harris that they would contact Ms. Harris. The following two weeks (Mr. Harris sees his daughter every Wednesday and every alternate weekend) he picked up his daughter on Saturday as usual. His daughter, on Sunday, told him that her mother had grabbed her throat in the elevator the day that Mr. Harris had confronted her mother; the latter told her daughter never to tell Mr. Harris that she had hit her. Ms. Harris’ daughter said that she had cried and that her throat had hurt her.

Mr. Harris informed Child and Family Services once again. In the meantime, when Mr. Harris was talking to his daughter after this, Francesca asked him if he wanted to talk to Ulises (Ulises is Ms. Harris’ boyfriend). Francesca later told Mr. Harris that her mother had shoved her to the floor and told her never to ask that question again. Moreover, his daughter also informed him that her mother had hit her on the head with a book.

Eventually, a social worker, Arla Inglis, interviewed Mr. Harris’ daughter in September at her school. As Mr. Harris understands it, there was no “official” physical abuse in the sense that there were no physical marks. However, there was some apparently verbal confirmation of Mr. Harris’ allegations by Francesca. What exactly Francesca said Mr. Harris does not know, but he did speak to Mr. Orobko, Ms. Inglis’ supervisor, and he led Mr. Harris to understand that although there had been no physical abuse in terms of leaving marks there was nevertheless inappropriate discipline, and Francesca’s mother was advised to desist from punishing Mr. Harris’ daughter in an inappropriate manner.

Since that time, Francesca has told Mr. Harris that her mother had pulled her hair for having dropped some eggs. The weekend of October 9 and 10, when Francesca stayed with Mr. Harris, she told Mr. Harris that her mother once again used a “paleta” (a wooden thing) as well as a belt. On November 6, Francesca told her father that her mother had intentionally scratched her with a comb. There were a few scratch marks just above Francesca’s knee (nothing serious, but the issue was the intent to harm using an implement). Mr. Harris took Francesca to the doctor to verify this after having called Child and Family Services once again because Jacki Davidson, with whom Mr. Harris had been in contact before, in a rather hostile fashion told him that he would have to have physical proof of the allegation. (Arla Inglis more graciously later on told Mr. Harris that he should have taken Francesca to the Child Protection Centre.)

These incidents have led Mr. Harris to open up the question of S.W.’s assessment. Mr. Harris mentioned to Child and Family Services that he had gone to trial, that there had been an assessment, and that Mr. Harris had a copy of the assessment and of the judge’s decision. When requested to provide both, Mr. Harris found himself in the awkward position of not willing to provide the assessment while still wanting to provide the judge’s decision. The reasons will become clear as this complaint proceeds. The social worker accused Mr. Harris, justifiably from her point of view, of wanting to provide a one-sided view of the matter by suppressing relevant documents. Mr. Harris had nothing with which to rebut her objections.

Mr. Harris has spent months compiling this complaint. He finds Mr. S.W’s assessment to be a result of political bigotry because Mr. Harris is a Marxist. Mr. S.W. has done both Mr. Harris and Francesca Harris a disservice. It should be clear that ty the end of this complaint that not only did Mr. S.W let his political prejudices sway his judgement against Mr. Harris but also against Francesca. Francesca is now suffering as a consequence of political persecution perpetrated by Mr. S.W.. She is a victim of his own anti-Marxist proclivities.

The order of the criticism will not be according to Mr. S.W.’s presentation. It has been difficult to provide a complaint because of the large number of lies, distortions, inaccuracies and suppression of relevant facts. The organization will be somewhat logical, but there are many issues that are interrelated.