B.C. dad appeals court ruling preventing his five kids from taking bus alone

  • Feb. 3, 2020 10:00 a.m.

A Vancouver dad who has spent years fighting the province on whether his kids can take the bus alone is appealing a Supreme Court upholding of that decision.

Adrian Cook, who runs the blog 5 Kids 1 Condo, lost his B.C Supreme Court petition to reverse the Ministry of Children and Family Development’s decision this fall.

The issue started when the ministry told Crook, a single father of five, that his four school-aged children could not ride the bus unsupervised in fall 2017. The children ranged in age from 10 to five at the time of the intervention.

Crook began his Charter challenge in 2018 on the basis that the ministry’s decision infringed on his right to make decisions as a parent. His challenge followed a May 2018 letter from the ministry that laid out the safety risks they believe riding the bus solo posed to the children.

Those risks “led [the ministry] to conclude that the bus-riding arrangement was unsafe and that the children required adult supervision,” the letter, posted to Crook’s blog, noted.

In his November decision, Justice Stephen Kelleher said Crook’s right were not infringed upon and that the ministry took care to minimize its effects.

The ministry “infringed on the parents’ liberty interest but in a way that accorded with principles of fundamental justice,” Kelleher said, noting that the May 2018 letter was “reasonable.”

Crook said the judge failed to consider that although the ministry’s decision was reasonable, it went above and beyond the Child, Family and Community Service Act, which governs its actions.

“Justice Kelleher failed to address the statutory limits granted under the CFCSA, and failed to consider that the Ministry had no statutory ability or power to make the decision it did,” Crook wrote.

“This is why my attorneys and I now feel we have an even stronger case on appeal than we did originally.”

A GoFundMe started by Crook to pay for his appeal reached $1,200 of its $9,000 goal by Monday morning. Crook said the original Charter challenge cost him $45,000 and the appeal was expected to cost $15,000.

Black Press Media has reached out to the province for comment.

READ MORE: Dad files Charter challenge after B.C. bans kids from taking transit unsupervised


@katslepian

[email protected]

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Penticton Vees recognized on and off ice success

The awards were given out following their Saturday night win.

Dale family was prominent in Summerland’s past

Ruth Dale taught for many years

Penticton Vees comeback for overtime win to end regular season

The Vees were down 3-0 to start the third before putting together an epic comeback.

PHOTOS: Celebrating diversity in Penticton

Seventh annual OneWorld Festival celebrates the worlds of different cultures in the South Okanagan.

Fiery collision involving truck closes Highway 1 at Three Valley Gap

Drivers should expect major delays and congestion; estimated time of re-opening is 2 p.m.

VIDEO: 2020 BC Winter Games wrap up in Fort St. John as torch passes to Maple Ridge

More than 1,000 athletes competed in the 2020 BC Winter Games

Still six cases of COVID-19 in B.C. despite reports of Air Canada passenger: ministry

Health ministry wouldn’t comment on specific flight routes

Violent ends to past Indigenous protests haunt Trudeau government

Trudeau adopted a more assertive tone Friday, insisting the barricade must come down

Kelowna Firefighters douse suspicious hedge fire

A 30’ section of cedar hedge burned prompting an RCMP investigation.

Kelowna RCMP make arrest in fatal stabbing of 16-year-old Elijah Beauregard

An 18-year-old woman is in police custody facing a manslughter charge.

HIGHLIGHTS: Day one and two at the 2020 BC Winter Games

Athletes had sunny – but cold – weather to work with in Fort St. John

B.C. money laundering inquiry to begin amid hopes for answers, accountability

Eby argued that most B.C. residents already know the previous government, at best, turned a blind eye

Most Read