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        In my opinion the society acted unfairly and indefensibly...
He went on to say that Mrs. V, the Children's Aid worker, favoured Mrs. B.
and her counsel.
Further, about the Children's Aid worker's sworn affidavit, he said:
        If Mrs. V. had sought ...information, ... she would.. not have had
        the basis to write as biased an affidavit as she did. The tenor of
        the affidavit...was calculated to condition the reader and to lead
        him by choice of wording and structure to infer that-
-he mentions Reverend B.-
        -was a mentally sick and violent man and was sexually abusing his
        daughters. Mrs. V.'s investigation, such as it was, fell below a
        fair standard. Unfortunately Mrs. V.'s findings set in stone the
        society's public position during the whole of this matter.
Later, Rev. B., on behalf of his daughters, sued the Children's Aid Society
and the caseworkeer for damages. The issues in this lawsuit were: their
bias in favour of Mrs. B. and her lawyers, the suffering and anguish caused
to the children and to Reverend B., and the negligence and cruelty of the
Children's Aid Society.
The trial judge, Mr Justice J. Somers, in ruling for Reverend B. and
against the Children's Aid Society, stated in his judgement in 1994:
        ... and indeed one can certainly understand the frustration the
        father must have felt in this case attempting to deal with
        allegations against him which were untrue and which he regarded as
        utterly repugnant, and with a bureaucracy that treated him with
        ill-concealed contempt. While as I have said I do believe that much
        of the damage sustained by the Plaintiff-
-who is Reverend B.-
        -was a result of the machinations of his former wife, I feel that
        the defendants-
-the Children's Aid Society of Durham Region and the caseworker-
        -played a strong and at times heavy handed role in the matter.
Referring to the testimony of Barbara Chisholm, an experienced professional
in the field of child sexual abuse, Mr. Justice Somers said:
        Ms Chisholm indicated that the experience has been for some time
        that sexual assault allegations made by a mother against a father
        in custody disputes are very prevalent nowadays and indeed have
        become what she called "the weapon of choice".
and further:
        Such is the frequency of such allegations that she described this
        tactic as "the weapon of the times".
Mr. Justice Somers, in speaking of the Children's Aid worker, said:
        Ms V... in my view displays a mean spiritedness... In my view she
        demonstrated a contempt for the father which was apparent to him.
        This can be contrasted with her treatment of the mother...
Honourable senators, in Canada today every single family is touched by
matrimonial and custody disputes. They affect the grandparents, aunts,
uncles, the siblings, the children and the full range of familial and
social relationships. The anguish and suffering from these disputes is
unspeakable. The expense is enormous. Legal fees are extravagant. Reverend
B., for example, spent $300,000. His sister and her husband mortgaged their
home to finance his legal nightmare. This tale of human woe and misery
lasted nine years, from 1985 to 1994, and the psychological wreckage is
immeasurable.
Honourable senators, no Canadian who is traduced, who faces falsehood and
malice, who believes his cause is just, can afford to turn to the courts
for relief in a civil dispute without risking financial ruin. We must
therefore conclude that justice is unattainable, both financially and
procedurally, because of systemic abuses and excesses of lawyers. This is a
terrible state of affairs.
Honourable senators, barristers take a solemn oath to maintain the
principles of justice. The oath reads, in part:
        You shall not pervert the law to favour or prejudice any one, but
        in all things shall conduct yourself truly and with integrity.
This oath represents the assertion that barristers, being at the same time
officers of the court, are endowed with responsibilities and obligations to
uphold the truth. However, we were told that falshood and prevarication in
judicial proceedings is common.
Honourable senators, despite the mention of the excesses of lawyers, the
Civil Justice Review report's recommendations are silent on remedies for
correction in the legal profession. The report advances no recommendations
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