Child abuse charges that never should have made it to court- What went wrong?

[Goober]

Clearly a case for the Crown to go after those that made the false complaints.

This woman had her life ruined. Anyone checking her name will find links for Child Abuse.

False abuse allegations against ‘traumatized’ daycare owner started by ‘abhorrent’ employees’, judge rules
False abuse allegations against Canmore daycare owner started by employees’, judge rules | Canada | News | National Post

CALGARY — According to several witnesses, Canmore, Alta., daycare owner Susan Preece slammed a child on a mat, jammed a pacifier into a baby’s mouth, roughly picked up another kid and shoved yet another one harshly against a foam Disney chair.

That was three years ago. Ms. Preece was charged with seven counts of child assault, but the case did not come to trial until this week, when she was found not guilty.

Meantime, the stigma was so stiff in the small mountain town the woman had to sell her business, Dragonfly Daycare, and her home at a loss. She moved away and will probably never return. She now runs another business, but has given up on the daycare industry.

“This has traumatized her enough that she doesn’t even want to work with children, which is unfortunate because what I have heard is that she was really good with kids,” said her lawyer, Dale Fedorchuk.

“There’s a propensity for people to think that if there’s allegations of abuse, there must be something behind those allegations. My concern is that she may have been convicted in the court of public opinion well before this came to trial.”

This week, Judge Eugene Creighton found Ms. Preece had been framed by several co-workers in their early 20s and a “ring-leader” who wanted her job.

“I find the conduct of these individuals [the former employees] to be vindictive, abhorrent and egregious. Their conduct is shameful,” the judge said.

“They set out to destroy Mrs. Preece and in so doing destroyed her business, her reputation and her right to life free from this type of harassment. I also find the conduct of these former employees as immature and ignorant while in the gallery and especially while Mrs. Preece was on the stand.”

In his 28 years as a criminal defence lawyer, Mr. Fedorchuk said he has never seen a judge offer such a harsh admonition to witnesses.

When Ms. Preece took the stand to proclaim she was innocent of abusing children at her daycare centre, her accusers sat in the gallery, rolling their eyes and contorting their faces.

“They were making faces, they were doing things like tossing their heads, rolling their eyes, reacting to the evidence in a non-neutral way,” Mr. Fedorchuk said.

“It was disruptive enough that on a couple of occasions we all turned around to look at them.”

Mr. Fedorochuk said many of the accusers had given multiple statements to the police — sometimes with matching language that indicated they were colluding. They went to the children’s parents to warn them about the “abuse,” although no bruises or other evidence were ever found.

He said the case should never have made it to court.

“Most of the cases of child abuse we get are horrendous. This is so far and away from that scale, from even the bottom of that scale, that it was surprising.”

 

[captain morgan]

Been following this for a few days... Even the judge found the actions of the accusers reprehensible.

I sure hope that the RCMP/Prosecutor file charges against the accusers and the lady engage a civil suit against them as well. It be an excellent end to this story if the lives of those that tried (and basically did) ruin the life of this woman were torched in the process.

Bast*rds, the whole lot of 'em

 

[SLM]

I don't think you ever come back from stuff like that. And I'll be the first one to admit, I judge these people, the old "where there's smoke there's fire" principle. At least I do so in my head, it's an instinctual reaction, rarely do I move forward with it. Or at least I try not to.

But when you look at the vast numbers of abuse cases, of varying degrees, and most of them are guilty, who can be blamed for following the rational of believing there's something to it?

It's an absolute shame if someone is falsely accused and in cases where that's been determined, I do think they need to bring charges against the accusers.

 

[Sal]

Really, really unfortunate for that poor woman. Every time something of this nature surfaces it takes me back a few decades to those children who accused their daycare providers of using them for devil worship. A horrendous case with many lives destroyed.

Apparently, it is still possible to do so today with similar lies.

The problem when dealing with children, is that we must always err on the side of caution. We would never leave a vulnerable being with someone who could potentially harm them. If we di,d and they were then harmed, it would be impossible to live with the guilt.

One of the ways around this now, and I like the idea, are cameras for parents. Parents can use their smartphones to see their child at any time of the day. It provides security on both sides.

Justice will be done, one way or another but what an horrendous thing to have happen to one's life.

 

[Goober]

Been following this for a few days... Even the judge found the actions of the accusers reprehensible.

I sure hope that the RCMP/Prosecutor file charges against the accusers and the lady engage a civil suit against them as well. It be an excellent end to this story if the lives of those that tried (and basically did) ruin the life of this woman were torched in the process.

Bast*rds, the whole lot of 'em

Take them for every cent they have or will ever have. If I recall correctly Bankruptcy does not set you free from taxes or a court judgement.
Problem is it is a small town. Finding a lawyer may be difficult. But the complainant could always ask for a change of venue due to emotional stress when she is in that city.

 

[JLM]

Too much of this sh*t goes on. Years ago a mother was driving with her daughter in the back seat and the daughter was continuing to act up and be a brat. After several warnings the mother had enough, stopped the car, got out, opened the back door, grabbed the daughter and pulled her pants down and gave her a smack. Huge mistake, someone was watching out their window and reported her, Social Services were there in a flash and it was months before the poor mother was able to get her child back.

 

[captain morgan]

Too much of this sh*t goes on. Years ago a mother was driving with her daughter in the back seat and the daughter was continuing to act up and be a brat. After several warnings the mother had enough, stopped the car, got out, opened the back door, grabbed the daughter and pulled her pants down and gave her a smack. Huge mistake, someone was watching out their window and reported her, Social Services were there in a flash and it was months before the poor mother was able to get her child back.

Gotta wonder how much damage was the result of this kid being yanked from her home and family as opposed to having her butt whacked once or twice.

It's no wonder that society has gone for sh*t

 

[CDNBear]

It's nice to see a judge say something about it. It happens a lot (For a litany of allegations), the case doesn't always make it to Court.

She may have been acquitted, which really is inconsequential, her arrest record is a matter of public record now.

 

[captain morgan]

It's nice to see a judge say something about it. It happens a lot (For a litany of allegations), the case doesn't always make it to Court.

She may have been acquitted, which really is inconsequential, her arrest record is a matter of public record now.

No doubt. This woman will needlessly be paying for this for years to come

 

[SLM]

Even if she wanted to she probably would not be able to work with children again. There's just no coming back from these kind of accusations.

 

[Sal]

Too much of this sh*t goes on. Years ago a mother was driving with her daughter in the back seat and the daughter was continuing to act up and be a brat. After several warnings the mother had enough, stopped the car, got out, opened the back door, grabbed the daughter and pulled her pants down and gave her a smack. Huge mistake, someone was watching out their window and reported her, Social Services were there in a flash and it was months before the poor mother was able to get her child back.

for me part of the frustration is for example that case in Toronto where the kid was placed with a pedophile by CFS, they knew he was an active drug user, she was abused for years and it had been reported yet nothing was done. They left her and her brother in his care. Then here a child is spanked and yanked.

With the daycare provider in this particular case, it must have been because they did a group report on her. It would be good to have more details as to the process involved in her charge and arrest since the judge feels it should not have made it to court.

It says she has another business though so I hope it is a success for her.

A huge problem with any kind of child abuse is that any adult who suspects child abuse and does not report can themselves be charged. So there is a delicate line for people who suspect, CFS and the police. And reality.

 

[SLM]

for me part of the frustration is for example that case in Toronto where the kid was placed with a pedophile by CFS, they knew he was an active drug user, she was abused for years and it had been reported yet nothing was done. They left her and her brother in his care. Then here a child is spanked and yanked.

There doesn't seem to be a lot of consistency involved. Of course, I'm mostly going by media reports that I've read over the years, which run the gambit between families fighting against the removal of their kids or 'harassment' by the child protection agencies (think of the little girl who drew a gun at school) to tragic scenarios where children have been removed from a, presumably, bad home and place in foster care only to suffer abuse or even die while in care.

A huge problem with any kind of child abuse is that any adult who suspects child abuse and does not report can themselves be charged. So there is a delicate line for people who suspect, CFS and the police. And reality.

And yet another huge problem is that there are people out there who will misuse a reporting system such as this one for petty reasons. I don't think there are all that many of them in all honesty, thank goodness, but it does happen. Which is why I do think that when it can be determined that it has happened they really need to throw the book at them. I think in some cases, and this type of scenario would be one of them, you can have some effect on deterring others by issuing strong and harsh penalties.

 

[Sal]

There doesn't seem to be a lot of consistency involved. Of course, I'm mostly going by media reports that I've read over the years, which run the gambit between families fighting against the removal of their kids or 'harassment' by the child protection agencies (think of the little girl who drew a gun at school) to tragic scenarios where children have been removed from a, presumably, bad home and place in foster care only to suffer abuse or even die while in care.

And that does happen. I know of a case (more of an acquaintance or a friend on the outer edges of my world) who had a horrendous life bouncing between her drug-addled mother who kept birthing babies which she kept and living out alone on the street under bridges etc.

At one point "the system" managed to get their hands on her and placed her in foster care. So now you have an angry, angry girl with huge psychological issues and they placed her in a foster home where she was locked in an attic bedroom (for safety purposes) and only allowed out at certain times of day, like school and meals. What happens... naturally she attempted to kill her foster mother in order to escape. Like she says thank gawd the woman's husband came home and yanked her off of the woman or she would have killed her. How can idjects who are supposed to be "experts" not foresee that? But of course nothing is black and white.

And yet another huge problem is that there are people out there who will misuse a reporting system such as this one for petty reasons. I don't think there are all that many of them in all honesty, thank goodness, but it does happen. Which is why I do think that when it can be determined that it has happened they really need to throw the book at them. I think in some cases, and this type of scenario would be one of them, you can have some effect on deterring others by issuing strong and harsh penalties.

Well it might be more common than you fear. I know someone who takes blood in a hospital here that takes the rape victims. The cases she dreads most and that make her sketchy mentally for weeks after are when some woman has had a fight with the boyfriend/husband and brings the child in claiming rape. It is a huge deal and beyond traumatic for the child because they HAVE to take blood and examine them if the woman will not back away from the 'story'. Soooooooooooooooooooo my point being, dicey people give birth and then what happens to the children after that is an effing crap shoot. But hey, make her have that baby.

I don't even know what throwing the book at them would do as some are already so far beyond what would scare the bejesus out of you or me. Nothing is quite as simple as we would hope for. And many of us live in such a sterile Mayberry existance (or pretended perfection) that we haven't a clue. Sometimes I don't want to have a clue.

 

[SLM]

And that does happen. I know of a case (more of an acquaintance or a friend on the outer edges of my world) who had a horrendous life bouncing between her drug-addled mother who kept birthing babies which she kept and living out alone on the street under bridges etc.

At one point "the system" managed to get their hands on her and placed her in foster care. So now you have an angry, angry girl with huge psychological issues and they placed her in a foster home where she was locked in an attic bedroom (for safety purposes) and only allowed out at certain times of day, like school and meals. What happens... naturally she attempted to kill her foster mother in order to escape. Like she says thank gawd the woman's husband came home and yanked her off of the woman or she would have killed her. How can idjects who are supposed to be "experts" not foresee that? But of course nothing is black and white.

See now I read that and I wonder why a group home setting would not have been a better place for her. Not that we've never had horror stories coming out of those either, because we have of course, but it seems to me a better fit for someone with a lot of anger and deep psychological issues to have adults in her "home" environment that are professionally trained to handle those things.

Too often I think we just can't seem to get past a one size fits all solution in dealing with social issues.

Well it might be more common than you fear. I know someone who takes blood in a hospital here that takes the rape victims. The cases she dreads most and that make her sketchy mentally for weeks after are when some woman has had a fight with the boyfriend/husband and brings the child in claiming rape. It is a huge deal and beyond traumatic for the child because they HAVE to take blood and examine them if the woman will not back away from the 'story'. Soooooooooooooooooooo my point being, dicey people give birth and then what happens to the children after that is an effing crap shoot. But hey, make her have that baby.

I don't even know what throwing the book at them would do as some are already so far beyond what would scare the bejesus out of you or me. Nothing is quite as simple as we would hope for. And many of us live in such a sterile Mayberry existance (or pretended perfection) that we haven't a clue. Sometimes I don't want to have a clue.

I get that it wouldn't prevent all instances, throwing the book at them. But looking specifically at the OP story, we have angry former employees who apparently were so petty and small minded that they completely made up this story. So for the disgruntled employee, the perturbed neighbour, it might make some difference.

For the women who would use her child as a revenge tactic, frankly there's no hope for those. It's a million times worse, in my opinion, than what was done in the OP. Those are the people who should have their children removed.

 

[Sal]

See now I read that and I wonder why a group home setting would not have been a better place for her. Not that we've never had horror stories coming out of those either, because we have of course, but it seems to me a better fit for someone with a lot of anger and deep psychological issues to have adults in her "home" environment that are professionally trained to handle those things.

Too often I think we just can't seem to get past a one size fits all solution in dealing with social issues.

yup, tragic. Now in this particular case they committed her. Here's the kicker, when she got out she went right back out on the street. Finally a social worker got their hooks into her. One who KNEW what they were doing. She went down a long, rough and rocky road but if you met her today she is just a mum with kids married to a high end techie... well...sort of. But you get my point. Middle class people can NOT deal with anything out of their realm...it doesn't work because they don't get it. They just think they do but the real solutions are beyond their comprehension so I don't know how to arrive at the REAL solution to these types of social issues.

I get that it wouldn't prevent all instances, throwing the book at them. But looking specifically at the OP story, we have angry former employees who apparently were so petty and small minded that they completely made up this story. So for the disgruntled employee, the perturbed neighbour, it might make some difference.

For the women who would use her child as a revenge tactic, frankly there's no hope for those. It's a million times worse, in my opinion, than what was done in the OP. Those are the people who should have their children removed.

There is no "easy, one way" to deal with things. I am becoming more and more of the mind set that we need to address each issue separately, we need to punish and rehabilitate based on each individual case. That is the only solution, and likely in the long run would be the cheapest but that can't happen...soooooooooooooooooooo ? What to do?

 

[SLM]

yup, tragic. Now in this particular case they committed her. Here's the kicker, when she got out she went right back out on the street. Finally a social worker got their hooks into her. One who KNEW what they were doing. She went down a long, rough and rocky road but if you met her today she is just a mum with kids married to a high end techie... well...sort of. But you get my point. Middle class people can NOT deal with anything out of their realm...it doesn't work because they don't get it. They just think they do but the real solutions are beyond their comprehension so I don't know how to arrive at the REAL solution to these types of social issues.

Complacency is a very comfortable place to be, I don't blame people for not wanting to venture outside of it, except deep down I kind of do because it's not reality. You know, for years the suburban lifestyle was promoted as the ideal. Now that so many people have it, we really have to ask what we've lost in getting there. We step over homeless people on the sidewalk, we turn our backs on damaged children. Not all of us individually but collectively we all do that.

There is no "easy, one way" to deal with things. I am becoming more and more of the mind set that we need to address each issue separately, we need to punish and rehabilitate based on each individual case. That is the only solution, and likely in the long run would be the cheapest but that can't happen...soooooooooooooooooooo ? What to do?

But that brings up issues of practicality. How is that practically achieved? What to do indeed.

 

[JLM]

Gotta wonder how much damage was the result of this kid being yanked from her home and family as opposed to having her butt whacked once or twice.

It's no wonder that society has gone for sh*t

You got that right Cap'n. I'm not sure that corporal punishment is the best form of punishment BUT if it's administered in a reasonable manner for appropriate offenses then I think other people should just MYOB.

 

[captain morgan]

You got that right Cap'n. I'm not sure that corporal punishment is the best form of punishment BUT if it's administered in a reasonable manner for appropriate offenses then I think other people should just MYOB.

You hit the nail on the head there JLM.

I for one, don't know of too many kids (when I was one that is), that didn't get some minor form of corporal punishment after having screwed-up. That said, of the same group that I am familiar, no kid ever got the crap kicked-out of them either as punishment.

On the other hand, one of my friends growing up had a kid brother that was constantly given 'time outs' and loving understanding as opposed to any form of physical punishment.... More often than not, his tantrums would escalate into major events chalk-full of obscene language, screaming and throwing stuff all around the place.

One night when my buddy had to baby-sit the little brat (we were about 14 or 15), the little bastard was refused some ridiculous demand like being able to eat cookie batter for dinner... The coddled moron's response was to go and get my friend's pellet gun from his room and wave it around in our faces until he was able to get what he wanted.

Of course, we got the thing away from him and beat him within an inch of his life... He never pulled any stunts on his brother again; but kept up the practice with his parents that still kept coddling him along.

 

[JLM]

You hit the nail on the head there JLM.

I for one, don't know of too many kids (when I was one that is), that didn't get some minor form of corporal punishment after having screwed-up. That said, of the same group that I am familiar, no kid ever got the crap kicked-out of them either as punishment.

On the other hand, one of my friends growing up had a kid brother that was constantly given 'time outs' and loving understanding as opposed to any form of physical punishment.... More often than not, his tantrums would escalate into major events chalk-full of obscene language, screaming and throwing stuff all around the place.

One night when my buddy had to baby-sit the little brat (we were about 14 or 15), the little bastard was refused some ridiculous demand like being able to eat cookie batter for dinner... The coddled moron's response was to go and get my friend's pellet gun from his room and wave it around in our faces until he was able to get what he wanted.

Of course, we got the thing away from him and beat him within an inch of his life... He never pulled any stunts on his brother again; but kept up the practice with his parents that still kept coddling him along.

Yep, some little heathens just need convincing.-

 

[Liberalman]

Alberta rednecks are rough with their kids to toughen them up, the easteners that live in Alberta are just not used to that type of behaviour.

In Alberta the farmers feel that kids are a cheap labour source so they treat them rough so that they will be safe in the fields as they are forced harvest the land in Alberta they call forced child labour "Chores" and at the end of the day they are welcomed to be part of the family and treated like adults so they will be happy to continue to work the fields.