How Could You? Hall of Shame-Canada-Howard Smith UPDATED
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From Toronto, Canada, foster father Howard Smith, 61,who impregnated his foster daughter in the 1970s, only receives a 2-year house arrest sentence followed by 3 years of community service “to atone for his “monstrous error in judgment,” Superior Court Justice Jane Kelly ruled Thursday.
The decision came as a blow to Smith’s victim, who sobbed throughout the hearing and stormed out as the judge reviewed Smith’s otherwise “good character.” 
The victim, who cannot be named, was just 15 years old and living under Smith’s roof when he began making sexual advances.
“I felt that the judge not only let me down, but I felt the judge let down all the future victims of the Children’s Aid Society,” said the woman, now 50. In light of Thursday’s verdict, she says she is planning a civil action against Smith and child services in Toronto and London, alleging they repeatedly brushed her off when she attempted to lodge complaints about Smith over the years. His 1978 crime was only revealed three years ago, when DNA testing confirmed he had fathered her child.
“I’m extremely shocked and appalled at this whole situation… It’s heart-wrenching,” the victim said.
Judge Kelly acknowledged her decision was extremely difficult, noting Smith, a former TTC supervisor who managed thousands of staff, was otherwise a well-respected member of the community.
“These offences have rocked the worlds of two families,” Judge Kelly said in her 14-page ruling.
The judge cited a number of aggravating factors, including that Smith was in a position of “trust and authority” over the victim, who had already been bounced among two dozen foster homes before landing in his care.
The court has heard that after learning the victim was pregnant, the Catholic Children’s Aid Society placed her in a home for unwed mothers, but did not report the incident to police.
In an impact statement, the victim said Smith’s crime ignited her lifelong battle with depression, noting she tried to wash herself with bleach in an attempt to cleanse the lingering memories.
“Trust is not a part of my world and never has been since I was violated,” she said.
The Crown had asked for a prison sentence of at least two years for Smith.
But in ordering a conditional sentence, the judge also cited a number of mitigating factors, including Smith’s otherwise unblemished record and his expressions of remorse.
“It is obvious that the conduct of Mr. Smith must be denounced [but] no sentence can give [the victim] back the stability she felt in the Smith home before being violated,” Judge Kelly said.
Smith, who apologized to the court at a previous hearing, admitted he had “let everyone down,” particularly his former foster daughter.
“I would like her to know how deeply sorry I am and for the pain that it has caused her over these years,” he said. “Sorry seems like such a small word, but it’s all I have.””
[National Post 3/28/13 by Megan O’Toole]
REFORM Puzzle Pieces
Update: ” The Court of Appeal has been urged to jail a former TTC supervisor who impregnated his foster daughter 35 years ago.
To much uproar last year, Justice Jane Kelly sentenced Howard Smith, 61, to a conditional two-year sentence of strict house arrest for the historical sexual assault of his 15-year-old foster child that resulted in the birth of their daughter.
The Crown appealed the sentence calling it “manifestly unfit” for the repeated, unprotected sexual assault of a vulnerable teen by a person of trust. More than just a mere “error in judgment,” as Kelly had called it, Crown attorney Michelle Campbell argued Friday that Smith should serve a penitentiary term to properly reflect the need for deterrence and denunciation.
Smith pleaded guilty last year to sexually assaulting a girl between 14 and 16 and having illicit sexual intercourse with a foster daughter between April 26, 1978, and July 13, 1978.
His victim maintains Smith always knew he was her baby’s father but only accepted responsibility after she went to police and they requested a DNA test in 2010.
The Crown urged the appeal court to sentence Smith to another two to three years behind bars in addition to the year he’s now served under house arrest.
Defence lawyer John Collins called the Crown’s request for a longer term than the one originally proposed by her colleague last year “troubling and unfair.”
He asked the court to maintain the current term of house arrest.
His victim left the hearing with little hope Smith will be sent to prison.
“Even though they did the best they could, I think the decision will stand,” she said. “I wanted him to understand how he took my life from me and the only way he’s going to understand that is with a jail sentence. House arrest is a joke.”
The appeal court has reserved its decision.”
Appeal court urged to jail former TTC honcho who abused foster child[Toronto Sun 3/7/14 By Michele Mandel]
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