What the Church Needs to Know

 1.0      ESSENTIAL INFORMATION – WHAT THE CHURCH NEEDS TO KNOW 

(Pastor(s), Church Board, Elders, Deacons, staff and members)

1.1       THE LAW: SEXUAL OFFENCES AND SEXUAL OFFENDERS

1.1 (i)   Federal: Youth Criminal Justice Act S.2(1)              

Child – means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old. 

Young person – means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act.

1.1 (ii)  Federal: Criminal Code of Canada - Criminal Responsibility S.13:

No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve (12) years.

1.1 (iii) Federal: Canada Evidence Act historic definitions.

“Children” means persons who are less than 18 years of age.  “Vulnerable Persons” means persons who, because of their age, a disability or other circumstances, whether temporary or permanent, (a) are in a position of dependence on others; or (b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.” (Robertson Hall Insurance Newsletter, Updated 2019)

1.1 (iv)  Federal: Refugees

Remember! For churches and charities involved in the sponsorship of refugees, including under the Private Sponsorship of Refugees (PSR) as a Sponsorship Agreement Holder (SAH) organization, or as a local Constituent Group (CG) or Co-Sponsor

Organization, the Government of Canada explicitly considers refugees, including adults, to be vulnerable persons during the period of sponsorship and settlement. Therefore, make sure to uphold your abuse prevention, policies, procedures and full screening of volunteers working with refugees, just as you would with any other program, ministry or activity you conduct on or off-premises involving children, youth or vulnerable adults.” (Robertson Hall Insurance Newsletter, Updated 2019)

 1.1 (v)  Province of Ontario: Vulnerable Persons Guidelines for Handling and Reporting Abuse Allegations – Duty to Report See Safe Church Policy, pages 13 and 14 on the church website.

Every person in Ontario is required under The Child & Family Services Act to promptly report his/her belief that a child (under 16 years of age) is or may be in need of protection.  “A person who believes on reasonable grounds that a child is or may be in need of protection shall share the belief and the information upon which it is based to a Society.” (CFSA s. 72(1)) – contact Police or FACS Niagara 905-937-7731.

1.1 (vi) Sex Offender Registries – RCMP and Province of Ontario (Christopher’s Law) Registry: 

The RCMP is the National sex offender registry - see s.490.011 CCC as this explains reporting and conditions for a sex offender, and contravention of this is a criminal code offence and applies to anywhere in Canada.  

The Province of Ontario has its own sex offender registry which is known as

Christopher’s Law, and contravention of this is a provincial offence (this came into being prior to RCMP sex offender registry).

Both RCMP and Ontario Provincial registries run in conjunction with one another.  

When a sexual offender is released from jail and is on the sexual offenders’ register a Prohibition Order (this is NOT Probation or Parole Order) comes into effect.  The offender is given a copy of this at the time of release.  The offender can release the Prohibition Order to the Church.  WE MUST have a copy of the Prohibition Order and know the terms and conditions.  *See 1.2 (iv) below.

1.2       INTEGRATION/RETURN TO CHURCH

1.2 (i)   Victim - The Church is a safe sanctuary: taking into account a victim who was abused at Mountainview CRC, the emotional needs of the victim must always take priority.  The leadership must be sensitive to the fears of victims of abuse who may be emotionally harmed by seeing their offender in their midst.  Simply put, the church must minister to the offender in such a way that a survivor/victim of abuse is not emotionally harmed.

            a.   A Child, Young Person, or Vulnerable Person: must not be exposed on church property or while participating in a church-sponsored event to an offender who has sexually abused them.

            b.   Adult Victim (non vulnerable person): if an Adult is the victim of the sex offender who attends the church, and is a member of Mountainview CRC, or is an employee of the church, then the victim will be interviewed by a Church Board member and the Lead Pastor and asked if they are willing to have the sex offender attend the church.

                  If the Victim AGREES to the offender being on church property or participating in a church sponsored event the victim must be asked to sign a CONSENT TO ALLOW A SEX OFFENDER TO ATTEND MOUNTAINVIEW CRC Letter.  *See Appendix B.

                  If the Adult victim is distressed by the offender's presence, the Pastor should assist the offender in finding another appropriate place of worship.  If consent is DENIED the Victim must sign CONSENT IS DENIED.  If there are more than one Adult victim of the offender, each should sign a Consent form.  *See Appendix B.

1.2 (ii)  Sex Offender: if the victim is a Child, Young Person, or Vulnerable Person and is member of Mountainview CRC or participates in a church sponsored event see 1.2 (i) a.  If the victim is an Adult who attends the church, or is an employee of the church see 1.2 (i) b.  

When a Member of the Church is Charged with a Sexual Offence and is out on Bail; or when a member is on Probation following time in custody, and a Sexual Offender is found to be attending the church, and/or requests to attend church, and/or requests membership in the church, we must understand the Charges, Bail Order, Probation or Parole Order and Prohibition Order – Sex Offender Registry. 

1.2 (iii) Charges

Information must/can be obtained from the offender, lawyer for the charged sexual offender, newspaper, and web reports.  Note: “Counts” is the same as Charges, i.e. 2 Counts means 2 Charges for similar offences.

*If there are further Charges/Counts there may be new bail conditions.

Special Note: when an offender has been sentenced, the information is now on public record.  The church can apply to the sentencing Court (must have conviction date) for a transcript of decisions and sentence details.  

1.2 (iv) Bail Order (Anyone who has been charged with a sexual offence and is out on Bail)

A Bail Order is a signed Promise to appear before a Court.  This is not public document and cannot be shared by authorities with the church.  If we have any concerns about someone’s attendance at the church, then we are advised to speak to the Police.   If we have any concerns about anyone who has been charged with a sexual offence attending our church, then we are advised to speak to the Police.  We can ask the person charged to reveal the details and conditions of their Bail Order.

*Without this information the Church Board will not be able to finalize a Covenant.  Therefore, anyone on a Bail Order MUST advise the church of the Bail conditions before attendance and/or integration into Mountainview Church can proceed.

*If there are further Charges there may be new Bail conditions. The offender will be suspended until the church is advised of the “new” Bail conditions as this will affect the Covenant.

1.2 (v) Probation Order or Parole Order (Anyone who is on Probation following time in custody, and/or is on the Sex Offender Registry)

A Probation Order or Parole Order is a signed order to keep the peace and be of good behaviour.  This is not a public document and cannot be shared by authorities with the church.  It is up to the person charged with a Sexual Offence, or who is on the Sex Offender Registry to ensure they follow all the terms of their probation order, and/or parole conditions, and Prohibition Order following their time in custody.  They may share the conditions with the church.

*We can ask the offender to reveal the details of their probation conditions, and who is their Probation Officer.

*We can also write to the Probation Officer and obtain details of their Probation or

Parole Order. *Without this information the Church Board will not be able to finalize a Covenant.  Therefore, anyone on a Probation Order MUST advise the church of the probation conditions before integration into Mountainview Church can proceed.

1.2 (vi) Prohibition Order - anyone who is on the Sex Offender Registry who is a member, or asks to attend the church, or is found to be attending the church, or requests membership in the church.

It is up to anyone who is on the Sex Offender Registry to make sure they follow all the terms of the Sex Offender Registry conditions.  The conditions are not public and cannot be shared by authorities with the church, but the person on the Sex Offender Registry may share the conditions with the church.

*We can ask the offender to reveal the details of their Sex Offender Registry conditions (Prohibition Order).

*Without this information the Church Board will not be able to finalize a Covenant.  Therefore, anyone who is on the Sex Offender Registry MUST advise the church of the conditions before integration into Mountainview Church can go ahead.

1.3       CHURCH INSURANCE PROVIDER INFORMATION

Mountainview CRC is a client organization policyholder of Robertson Hall Insurance. 

It has completed an Abuse Prevention Declaration Form in order to qualify for the most comprehensive Abuse Liability coverage for Christian charities in Canada, including the following coverage features: 

•        $5,000,000 General Liability for Abuse, Molestation and Harassment Claims
•        Vicarious Liability Protection for Organization and Leaders 
•        Occurrence Form / No Deductible 
•        No Restriction on Stacking of Policy Limits 
•        Civil Defense Costs covered in excess of Policy Limits • Covers all Civil Damages Insurable by Law, with No Exclusions
•        Criminal Defense Cost Reimbursement for Wrongful Accusation 
•        No Fault Therapy and Counselling Costs for Victims 
•        Legal Advice / Media Relations Expense for Suspected Abuse

The client must contact the insurance agent or broker to report an incident in order to satisfy the statutory conditions of the liability policy and to avoid jeopardizing legal defense and coverage response.

Abuse Prevention Policy: To qualify for abuse liability insurance coverage, the insurance company requires the following policies and procedures acknowledged by experts as essential elements in establishing and maintaining an effective abuse prevention plan.  This checklist is a helpful tool for completing the abuse prevention declaration (churches & charities). Mountainview’s Safe Church Policy includes all seven points: statement of policy, definition, screening, operational procedures, premises, training and responding. The policy has been expanded to include details regarding the church’s response when a sex offender is a member or found to be attending or wishes to attend or become a member at Mountainview CRC.        

 1.4       WHAT IS SEXUAL ABUSE?

Sexual abuse is a form of abuse that uses a child, youth, or vulnerable adult for sexual stimulation.  It includes forcing, persuading, enticing, or inducing these individuals to take part in any explicit sexual conduct or simulation of that conduct. 

Sexual abuse includes any sexual intercourse, molestation, exhibitionism, or exploitation that violates the Criminal Code (See Appendix 1 for Canada’s laws against sexual abuse). Sexual abuse includes but is not limited to the following activities directed toward children, youth or vulnerable adults:

•        Sexual comments
•        Exposure of genitals of the adult to the child or child to adult
•        Masturbating
•        Voyeurism (Peeping Toms)
•        Touching a child’s genitals or asking the child to touch the adult’s genitals
•        Rubbing genitals against clothing
•        Penetration of a vagina or anus with a penis, fingers, or objects • Inducing a child to place a penis, finger or object in the offender’s vagina or anus
•        Oral sex, including tongue kissing, cunnilingus, fellatio and anilingus
•        Showing pornographic movies, books, or pictures
•        Grooming for or involving in the production of pornography.

It is important to note that these sexual acts are abusive when there is difference between the participants in the following:

Power – The offender controls the victim because of factors such as authority (pastor, Sunday School teacher, parent, coach, etc.), gender, physical size, and ability to psychologically manipulate.

Knowledge – The offender has a better understanding of the significance and implications of the sexual encounter.  Age and mental capabilities are crucial here.  Generally, the younger a child, the less able the child is to understand the meaning and consequences of a sexual act.

Gratification – The offender is primarily seeking his/her own sexual gratification. 

Source: https://cbwc.ca/wp-content/uploads/2017/06/Abuse-Prevention-Manual-2017-2.pdf

1.5       QUICK REFERENCE DEFINITIONS

Allegation: Information or an assertion which is still to be proved

Complainant: The person who makes an allegation or who provides information about an act of sexually inappropriate behaviour Child: Person 12 and under

Minor: Person under 16  

Young Person: Person under 18

Council: The official leadership assembly of Mountainview mandated to be ultimately responsible for all aspects of church life. Composed of the Church Board, Pastor(s), elders and deacons. The council is responsible for all tasks which belong to the common administration of the church.

Sexual Abuse: See 1.4 “What Is Sexual Abuse”

Police Vulnerable Sector Check:  The Criminal Records Act outlines the circumstances in which an applicant is eligible for a PVSC in a paid or volunteer position when that “position is one of authority or trust relative to children or vulnerable persons” and/or when that position “could lead the organization’s clients to have trust in that individual”. Vulnerable Person: The Criminal Records Act, “Vulnerable Persons” are defined as any person who because of their age, disability or other circumstances, whether temporary or permanent, is in a position of dependency on others; or is otherwise at a greater risk than the general population of being harmed by a person of trust or authority.