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FAS: Correcting Judge Schnall's Facts

Date: MAR-25-03
Source: Family Aid Society
Keywords: discernment, distortions, lies,
Comment: This analysis and correction of the misinformation in Schnall's ruling is based on publicly known facts of the trial evidence, and personal contact with the members of the Church of God.
Posted: MAR-25-03
Aylmer Case Index

You can download a PDF file of Schnall's ruling here: http://www.caselgin.on.ca

The following is a correction of the main distortions of the facts which came out in Schnallís ruling. The jusdicial flaws in her reasoning, and the personal bias she displays, still need to be treated more fully.

Page 11 Paragraph 6
When the CAS got involved again with the family on July 4, 2001 the issue about medical attention never came up in the 5 hour ordeal prior to the apprehension. There was no connection made at all between the investigation in October 2000 and the present one.

Page 14 Paragraph 2
The pastor did not ensure that the case remained high profile. He only responded to a few of the high number of calls that flooded his office from individuals across North America.

Page 15 Paragraph 7
The members of the Church of God are taught from a very early age to read the Bible, search the scriptures, to find out whether those things are so that are taught by the church.

Page 16 Paragraph 4
Henry Hildebrandt is not a self-named Pastor. He was ordained as a pastor in June of 1993 by the elders of the International ministerial body of The Church of God. He is presently pastoring the Aylmer congregation under the oversight of same.

The community that he pastors will only appear to be limited in its interaction with the greater community surrounding it, to a person that has not taken the time to inquire about it or checked it out themselves.

Page 17 Paragraph 5
Schnall fails to mention, after she heard the details in court, that the pastor encouraged the family to comply quickly and take Juan to the Hospital.

Page 17 Paragraph 7
Juanís wound was healing fine right from the beginning. The biggest problem was that the CAS worker had poisoned the doctorsí opinion regarding this family. His confidence had to be gained. All he ordered to do with the wound every time the family came was to redress it. Initially he ordered a certain salve to be applied, which Juan couldnít stand because of the stinging of it. The parents removed it as soon as they came home to relieve Juan. The doctor didnít order any other changes. The parents kept on dressing it and so did he whenever he saw Juan. It has healed fine.

Page 18 Paragraph 8
The worker did not note a bruising next to the burn. It was a small red mark on the opposite leg.

Page 22 Paragraph 2
The pastor arrived alone. No congregants were with him. He came directly from the office where he was scheduled to be on duty from 1:00 p.m. to 5:00 p.m.. He had just started his shift.

Page 23 Paragraph 5
The pastor asked Ms. West if it would settle the issue if the mother would allow her to physically examine the children and check for bruises or marks. The pastor suggested this in hope to convince Ms.West that these children were not being abused. Ms.West said, that would help. The pastor checked with the mother and the mother consented. NO BRUISES OR MARKS WERE FOUND ON ANY OF THE SEVEN CHILDREN. Not even the slightest spots.

Furthermore, Schnall fails to mention in her ruling the fact that pastor Hildebrandt told the congregants during the time that Ms.West checked the girls, that everything would be alright. Most of the congregants left at that point. They returned later when they learned that an apprehension appeared imminent again.

Page 25 Paragraph 6
When asked by the children if they should resist being apprehended, the pastor explained to them that it would not be right for them to hit the officers or say evil words to them. He told them that it would not be wrong for them to resist otherwise.

Page 26 Paragraph 6
Pastor Hildebrandt has by this time 4 people working in the office, sorting out mail and email and responding to the overwhelming out-cry from the public.

Page 30 Paragraph 4
This family has repeatedly thanked the church for the support and repeatedly expressed how glad they were for the involvement of the church in this case. The family also repeatedly asked the church not to "let down" on the teachings of the Bible. They have expressed throughout the past 20 months on a regular basis how glad they are to be part of such a wonderful family of God.

Page 44 Paragraph 6
Pastor Hildebrandt could not have orchestrated the chaos on July 4th for the following reasons: He was called at work to attend the situation, he never called any congregants to come to the scene and he never called the media to scene neither did he ask anyone else to call the media. There was no media present during to whole 5 hour ordeal. Somebody had contacted the media and they arrived there once the children were gone. It was at this point that Pastor Hildebrandt decided to speak to the media and report what had just happened. He felt this was the only way to get this out to the public, so that such a tragedy might be prevented in the future.

Page 45 Paragraph 3
Pastor Hildebrandt had nothing to do with the B.family fleeing. As a matter of fact, he wanted them to stay and face the Supervision order of the CAS. The family was afraid and did not want to be under the CAS. They also were new to the country and to the church. They felt they needed to go back to Mexico even if it meant living in poor conditions. The pastor consented.

Page 46 Paragraph 2
It is very improper for Schnall, as a Judge, to make this speculation.

Page 46 Paragraph 3,4,5
These three paragraphs are direct lies.

Page 46 Paragraph 7
It is absolutely amazing how much credit Schnall gives to the pastor. To orchestrate the events that followed, and to time it right, would have been an extremely difficult task.

Nevertheless, it is a lie. What happened was the spontaneous reaction of the close-knit community facing a hostile threat against one of their own. It is clear that this whole blame shifting tactic is designed to distract attention from the hostile and unjustified actions of the police and CAS.

Page 47 Paragraph 2
Schnall totally ignores the fact that it was the pastor who made it possible for the CAS to apprehend the children. When he saw that all his efforts at diplomacy had failed to prevent the apprehension, he encouraged the congregants to back away from the home allowing the police to drag the children away without obstuction.

Page 58 Paragraph 5
Pastor Hildebrandt and the mother never consented to Ms.West talking to the children. They only consented to examining the children for marks. This was offered to Ms.West by the pastor after he asked the mother for approval. There was never consent given to Ms.West to speak to the children.

Page 75 Paragraph 15. The evidence of the translator, E.S.
This part of Schnallís ruling is one of the clearest evidence of her lack of discernment. E.S. is the sweetest person to deal with that you can ask for. She portrayed a very calm attitude even on July 4, 2001 when she was translating for the CAS. As the day unfolded, she realized that extreme injustice was done to the F. family. She described in her testimony how she felt that evening. She began to write down on paper what had transpired. She said, she felt like something went very wrong. Schnallís accusation against E.S. wanting to be seen as aligned with the church, is totally groundless. E.S. is not a member of the church, and has no connection or interaction with the church.

Page 78 Paragraph 3
Notice the wording in this paragraph. The fundamental principle of "innocent until proven guilty" is mentioned. But look at the circumstances. What she is saying is this: I am giving the CAS the authority to move in and apprehend children, no matter how traumatizing, all under the cloak "risk of harm". After the children have been apprehended and torn away from their innocent parents, the CAS will return the children to these parents if the CAS fails to prove them guilty.

Page 91 Paragraph 5
Was it up to the pastor to call a more senior person at the Society? The pastor did not call the media.

Page 91 Paragraph 6
While Ms.West was gearing up towards a warrantless apprehension, the children were on the front lawn visiting and playing with their friends. There were NO reasonable and probable grounds to believe that the children were in immediate danger.

Page 92 Paragraph 1
Pastor Hildebrandt asked at this point: What if the family would sign that they would not leave the jurisdiction? He was told it wouldnít matter. The children will be apprehended now.



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