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Children's Services Threatening to Take Aylmer Children from Parents Again

St. Thomas children's agency aggressively determined to make an example of Aylmer religious family
AYLMER, ON, December 19, 2001 (LSN.ca) - The case of an Ontario family whose seven children were forcibly apprehended by social workers since the parents refused to stop spanking their children using objects such as a switch, has erupted again. The numerous delays in the case has caused the family to protest that they can no longer abide by interim restrictions on their freedom to discipline their children in accordance with their faith and Canadian law. Following the parents' protest, the Family and Children's Services of St. Thomas and Elgin (agency) has initiated court proceedings which, if successful, will result in the children being taken from their parents once again.

The seven children were returned to the parents July 26, 22 days after their apprehension and after the parents agreed to "temporary" conditions which included the clause: "The parents shall not physically discipline their children, notwithstanding any direction to the contrary." The agreement was entered into on the understanding that the issue would be heard in court in September, and no later than November. However numerous delays by the agency caused the hearing to be postponed twice thus far. After a procedural hearing on September 6, a November 2 court date was postponed to December 14, only to be postponed again till January 17, 2002.

Given the excessive delays, the family decided that they could not abide by the temporary order's clause against physical discipline since "it constitutes an infringement on our right to preserve our religious freedom." The parents said they "mutually reached this conclusion based on the Word of God of our own free will and without coercion from the Church." The decision was backed by their church, the Church of God. Pastor Henry Hildebrandt of the Aylmer Church of God Congregation said in a release that the church "believes that the Word of God advocates corporal punishment under certain circumstances," and "can no longer encourage this family to comply with" the clause against spanking. "We believe they can no longer comply with this restriction without violating their convictions, regardless of the consequences."

Following the announcement by the family and the church, the agency held a press conference in which they announced that they were taking renewed action against the parents and the pastor. The agency has served a Notice of Motion mandating the parents and their pastor to appear in court December 20, to determine "Whether the parents' recent statements constitute a contempt of the Court Order made on July 26, and, if so, to impose appropriate sanctions" which would likely mean the removal of the children again from their home. The agency is insisting that the parents "confirm in writing to all parties of their unequivocal commitment to abide by the Interim Order" and demanding that their Pastor "be restrained either directly or indirectly through other persons from providing any counselling to the family members that would put them in breach of the Interim Order."

Steve Bailey, executive director of the agency, confirmed that the children were apprehended over concerns about "a pattern of corporal punishment in which the parents used objects to hit the children." While he admitted that the parents have cooperated fully with the order and investigation thus far, Bailey charged that the "parents refused to consider alternative forms of discipline" and that their pastor "seems to be counselling the parents to violate the court order." Moreover, during the press conference, Bailey pronounced the parents guilty of "abusive discipline" despite the fact that the courts have not yet ruled on the matter. Bailey said that in order to "permit the children to remain in their home" they must not be "subjected to further abusive discipline." Bailey said, "It is most unfortunate that the parents and the Church have chosen to deal with this matter publicly. However, having brought it to public attention, our agency has been forced to respond publicly."

Pastor Henry Hildebrandt responded to Bailey's statements noting that "neither the family nor the Church ever refused to consider alternative forms of discipline. Rather, the Church encourages alternative forms of discipline, and corporal punishment has never been the primary tool of discipline. When used, corporal punishment is applied under the mandate of Section 43 of the Criminal Code of Canada." Rev. Hildebrandt also stressed, "Contrary to their statement, I have not counselled the family to violate the court order."

With regard to the restraining order sought against him, Pastor Hildebrandt said, "The CAS is effectively endeavouring to sever the bond of fellowship between the family and the Church. This is a tremendously serious issue as it violates the family's obvious wishes and legal right to associate closely with the Church and its members." He said the actions of the agency were threatening the parents' freedom of religion. "We are very concerned that the Children's Aid Society is attempting to portray a Biblical teaching as an illegal act while it is enshrined as a legal practice in our laws with appropriate restrictions," said Rev. Hildebrandt.

With regard to making the matter public, Pastor Hildebrandt said, "It is obvious that a matter of this magnitude deserves public attention. It has been a continuous appeal by the family to the Church that this matter be publicized. We strongly believe that if the public were not conscious of this case, the family's present circumstances would be substantially worse."

All the related press releases and transcripts are available at:
http://www.childrentaken.com

The following is a list of officials who may be lobbied on the case:

Brian Flint Family and Children Services


Andre Reymer Deputy-chief of Police in Aylmer


Robert Habkirk Mayor of Aylmer


Steve Peters Ontario MPP


Gar Knutson Federal MP

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