Too young to ride the bus alone? Vancouver dad disagrees
Credit to Author: Denise Ryan| Date: Tue, 04 Feb 2020 00:06:36 +0000
The bus ride that got the world talking has become an ongoing saga for father of five Adrian Crook, who announced on Monday that he will appeal the B.C. Supreme Court’s November decision upholding a ministry of children and family development’s order that he not allow his kids to ride a city bus without adult supervision.
Crook, a consultant with Telus, was investigated by the ministry in 2017 following an anonymous complaint about letting four of his children, then aged 10, 9, 8 and 6, ride public transit together to school. Following a two-month investigation, Crook was lauded for his parenting by the ministry, but told that he could not allow his children aged 10 and under to be alone, or take transit without an adult.
“I had to return to taking the bus with them,” said Crook. He said his children lost essential joys and freedoms, such as simply being able to cross the street to go to the local 7-Eleven, and that he was left unsure as to whether he was permitted to take the garbage out while his kids were alone in the condo.
“What struck me the most in the 2017 ministry ruling was the amount of personal bias involved in the decision. The ministry people were saying that if it was a townhouse complex in the suburbs it would be okay (to leave the children alone) because everyone is looking out for one another, but downtown it’s more dangerous. There was a lot of urban fear at play,” Crook told Postmedia.
In 2018, Crook launched a charter of rights challenge, arguing that the decision infringed on his rights to make decisions as a parent, and petitioned the B.C. Supreme Court to reverse the ministry’s decision on the basis that it had exceeded its authority.
Behind the scenes, Crook said there was confusion about whether the ministry’s edict was merely a recommendation or a decision he legally had to adhere to. “They said I had agreed to this plan and that I was essentially free to do whatever I want.”
In court, the ministry argued similarly that they had merely recommended he not leave his children alone, said Crook, implying he still had a choice.
“But the judge very quickly saw through this recommendation versus decision language and said it was clearly a decision. I could not have ignored it or I’d risk losing my kids,” said Crook.
Justice Stephen Kelleher’s unsealed ruling reads, “There is no doubt that the result of these proceedings could cause Mr. Crook to lose his position as a parent having his children in his care.”
Kelleher stated that he found the ministry’s reasons for requiring supervision of the children to be “reasonable”.
Crook’s lawyer Malcolm Funt said the coming appeal will be based on whether or not the ministry’s decision was legally justifiable within the limitations of their statute, saying that “reasonable people can disagree on what’s reasonable.”
Crook said he is buoyed by public support he has received, and feels strongly that there is more at stake than just his own family’s freedom. “I’ve heard from so many parents. It’s not just about me and my kids anymore.”
In an emailed reply to Postmedia’s request for comment, the ministry of children and family development said, “The ministry completely supports building independence in kids. … The ministry would be comfortable with children as young as 10 or even younger riding the bus alone if they are ready and capable of doing so. It’s the role of all parents to support their kids with the guidance, skills and emotional maturity required for a successful adult life. When the ministry receives a child protection concern, we are legislatively obligated to assess it.”