The Public Has the Right to Know: JP v. British Columbia

GeorgiaLeeLang009In the tradition of open courts and transparency, the BC Court of Appeal has ordered that affidavits, written submissions, and other material filed in the Court be released to the media, in this case CKNW and the Vancouver Sun, a decision I applaud.

The case of JP v. British Columbia has occupied many pages of local newspapers and a multitude of radio and TV reports. It is, of course, the case concerning the groundbreaking decision last summer after a 147 day trial, when Mr. Justice Paul Walker of the British Columbia Supreme Court found that B.C.’s child protection authorities had negligently permitted a father to sexually abuse his children while the youngsters were in the custody of the Ministry. The Court found that the government’s failure to protect the children was “egregious, negligent, and a breach of duty” and government social workers showed a “reckless disregard to their obligation to protect children.”

The evidence before Mr. Justice Walker included expert evidence from Californian Dr. Claire Reeves who had been an expert witness at the 90 day family law trial that preceded the action against the Ministry by several years. Dr. Reeves’ expert opinion played a significant role in the original finding that this father had sexually abused his children.

The legal profession was shocked when the Court of Appeal reviewed the evidence and determined that the so-called expert had defrauded the court. Their awe was not a criticism of the high court’s findings, but that the lower court has been so taken in by Dr. Reeves and the utter disregard for proper procedure.

Last year in a 411 paragraph decision, the Court of Appeal (JP v. British Columbia 2017 BCCA 308) held that Dr. Reeves’ fraud impacted the integrity of the entire judicial process, leading to a gross miscarriage of justice. The trial findings that the father was guilty of sexual abuse of his children were thrown out and a new trial ordered. The scathing denouncement of BC’s child protection authorities was also dismissed, the appeal court finding that the alleged misfeasance was the product of procedural unfairness.

With the Court of Appeal’s order made today, more details of this extraordinary case will be forthcoming. Last week, the Supreme Court of Canada refused to hear JP’s appeal of the BC Court of Appeal decision. It is her lawyer that introduced Dr. Reeve’s evidence into the trial process and who has been soundly criticized in the media for the debacle that occurred. JP was the only participant in today’s appeal that resisted the principle of open access to the courts….not surprising!

Lawdiva aka Georgialee Lang

Court of Appeal Orders New Trial for Father Because of Expert’s Fraud on the Court

DSC01152_2 (2)_2In a groundbreaking decision last summer after a 147 day trial, Mr. Justice Paul Walker of the British Columbia Supreme Court found that B.C.’s child protection authorities had negligently permitted a father to sexually abuse his children while the youngsters were in the custody of the Ministry. The Court found that the government’s failure to protect the children was “egregious, negligent, and a breach of duty” and government social workers showed a “reckless disregard to their obligation to protect children.”

The evidence before Mr. Justice Walker included expert evidence from Californian Dr. Claire Reeves who had been an expert witness at the 90 day family law trial that preceded the action against the Ministry by several years. Dr. Reeves’ expert opinion played a significant role in the original finding that this father had sexually abused his children.

The parties agreed that her expert evidence from the family law trial would be admitted in the trial alleging negligence against the Ministry. Throughout the lengthy proceedings the father adamantly denied abusing his children, an assertion supported by several expert witnesses, but to no avail, as the court found he had abused them and he was barred from seeing them.

The father, who acted for himself, missed the deadline to file an appeal, however, three years later the Court of Appeal permitted him to proceed with an appeal, based on new evidence that appeared to establish that Dr. Reeves’ evidence was fraudulent. The credentials she touted, including a Doctorate in Clinical Counselling, Masters of Science in Clinical Psychology, Bachelor of Science in Family Mediation, and a Bachelor of Arts in Journalism, were “purchased” from so-called “diploma mills”.

Her assertion that she had testified as an expert on child sexual abuse on numerous occasions in a variety of courts also appeared to be untruthful. The substance of her trial opinion was based on a theory of child abuse that had long been discredited, even by the expert who originally proffered the “child sexual abuse accommodation syndrome”.

This week, in a 411 paragraph decision, the Court of Appeal (JP v. British Columbia 2017 BCCA 308) held that Dr. Reeves’ fraud impacted the integrity of the entire judicial process, leading to a gross miscarriage of justice. The trial findings that the father was guilty of sexual abuse of his children were thrown out and a new trial ordered. The scathing denouncement of BC’s child protection authorities was also dismissed, the appeal court finding that the alleged misfeasance was the product of procedural unfairness.

What is startling about this case is that the Rules of Court and related case law clearly set out the requirements for the admission of expert evidence, rules and law that were flagrantly ignored by the litigants and the trial judge.

The waste of court time and the related costs in this case are staggering, as the trial occupied months of court time. In my view this case screamed out for the appointment of an “amicus curiae” or “friend of the court”, a lawyer who does not represent the parties, but assists the court with information that bears on the case. The admissibility of evidence issues, other procedural flaws, and the duration of the proceedings should have been red flags for the court.

For the parents of the children in this case, more trial dates are expected. What remains to be seen is whether the mother will file a second negligence lawsuit against the Ministry, which will ultimately depend on the findings in the new family law trial.

Lawdiva aka Georgialee Lang

Has a B.C. Father Been Labelled a Sexual Predator Based on Fraudulent Expert Evidence?

GeorgiaLeeLang025In a groundbreaking decision last summer after a 147 day trial, Mr. Justice Paul Walker of the British Columbia Supreme Court found that B.C.’s child protection authorities had negligently permitted a father to sexually abuse his child while the youngster was in the custody of the Ministry. The Court found that the government’s failure to protect this child was “egregious, negligent, and a breach of duty” and government social workers showed a “reckless disregard to their obligation to protect children.”

The evidence before Mr. Justice Walker included expert evidence from Dr. Claire Reeves who had been an expert witness at the 90 day family law trial that preceded the action against the Ministry by several years. Dr. Reeves’ opinion played a significant role in the original finding that this father had sexually abused his children. The parties agreed that her expert opinion from the family law trial would be admitted in the Ministry trial.Throughout the lengthy proceedings, the father adamantly denied abusing his children.

After the family law trial Reasons were handed down, the father had 30 days to file an appeal of that decision, however, no appeal was filed. Yesterday the Court of Appeal allowed the father to appeal the original family trial decision, although three years had passed since the original ruling and the 30 day window has long passed.

Madam Justice Elizabeth Bennett in the Court of Appeal remarked that “one would be hard pressed to envision an act as vile as sexually abusing one’s own children or a travesty of justice as great as being falsely accused and found guilty of such acts”. The father’s successful application was based on new evidence that appears to establish that Dr. Reeves’ evidence was fraudulent. The credentials she touted, including a Doctorate in Clinical Counselling, Masters of Science in Clinical Psychology, Bachelor of Science in Family Mediation, and a Bachelor of Arts in Journalism, are from so-called “diploma mills”.

Her assertion that she had testified as an expert on child sexual abuse on numerous occasions in a variety of courts also appears to be untruthful. The substance of her trial opinion was based on a theory of child abuse that has long been discredited, even by the expert who originally proffered the “child sexual abuse accommodation syndrome”.

Dr. Reeves has not responded to the allegations outlined by the Court of Appeal, however, a Google search, where one would expect to find many entries regarding her professional work, is sparse. She is the President and Founder of Mothers Against Sexual Abuse.

CBC News reports their online research indicates that Dr. Reeves says she was instrumental in bringing in chemical castration for child molesters in California. She also has unusual views on related topics. On her Facebook page she wrote:

” Why test on animals when we have prisons full of pedophiles”.

She also believes many people have had controlling microchips implanted in their brains — and have been given trigger words that could turn them into saboteurs.

“I believe people have been chipped, targeted individuals, and more of them than we can imagine,” said Reeves, calling it, “Mind control. Because it really is mind control.”

The father’s appeal will be of great interest to those who decry the failings of the family law administration of justice. No doubt the children’s mother will seek to legitimize her reliance on Dr. Reeves as an expert. The truth will, undoubtedly be revealed.

Lawdiva aka Georgialee Lang