Childrens Aid did not report sex crime
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Children's Aid did not report sex crime, court told
The CCAS didn't report the fact a 15-year-old girl in its care had become pregnant by an adult 35 years ago, court hears.
By: Peter Small City Courts reporter, Published on Tue Jan 29 2013
A former TTC employee impregnated a 15-year-old girl in the care of the Catholic Children's Aid Society 35 years ago, but the agency never reported the incident to police, a court has heard.
Howard Smith, 61, admitted Tuesday in Ontario Superior Court to having full intercourse three or four times with the girl in 1978 without using a condom, thus impregnating her when he was in his late 20s.
The CCAS became aware of the pregnancy and placed the girl in a home for unwed mothers.
"The CCAS never reported these incidents to any police service," said Crown prosecutor Johnathan Smith, as he read out an agreed statement of facts.
Catholic Children's Aid Society spokesperson Gehna Singh said she could not comment Tuesday because it would take a day to locate the file.
The defendant Smith (no relation to the Crown) stood beside his lawyers John Collins and Robert Warren and pleaded guilty Tuesday to having intercourse with a female under age 16 and another related charge.
It is expected the Crown will withdraw a rape charge when he returns for sentencing March 7.
The prosecutor said he will seek more than two years in prison, while the defence is expected to ask for a conditional sentence.
Both Crown and defence confirmed Smith once worked for the Toronto Transit Commission, but could not say in what role.
The victim was in and out of the society's care from the time she was 6, leaving her in an emotionally fragile state, the prosecutor told Ontario Superior Court Justice Jane Kelly.
The victim, now 49, sobbed and shook in court.
She kept the baby and raised her, initially on her own, and subsequently with a partner. The daughter believed her biological father was the partner until the victim told her the truth when she was a teenager.
In April 2010, the victim contacted police with the allegations.
Toronto police subsequently asked Smith if he would provide a DNA sample. He consented and subsequent tests showed he was the father of the girl.
Police arrested and charged him.