The issue of whether or not the elders have a duty to report is clear cut in Canada. This will make it impossible for the WTS to wriggle out of the wrongs that have been exposed in Quebec recently. The elders in those situations have received their instructions from the WTS lawyers and they have been advised wrongly.
For several years (can't remember when this was made law...years back), it has been mandatory for everyone in Canada to report suspected cases of child abuse, which, naturally, include the sexual abuse of minors. A person doesn't have to know for sure if a child is being sexually abused...they just have to suspect and they have a "duty to report".
From the FAQs page of Canadian Child Welfare Research Portal:
Do I need to report child abuse and neglect?
Yes. Everyone has a duty to report child abuse and neglect under Canadian child welfare laws. Professionals who work with children and youth have an added responsibility to report.
You are obliged to report child maltreatment if you know or suspect it is occurring. This is called the 'duty to report'. Every person in Canada has the duty to report known or suspected child maltreatment by law.
And who does a person report to?
Who do I call if I suspect child abuse or neglect?
Known or suspected abuse or neglect of a child must be reported to:
local child welfare services (e.g., children’s aid society or child and family services agency), or
provincial/territorial social service ministries or departments, or
local police
You will note that the Watchtower Legal Department is not included in that list as to "who to call".
For all Canadian elders who received legal advice from the WTS, I think you have received really bad advice. And, that includes each and every person who knew about, or even suspected, child abuse happening in the congregation. The mandatory reporting laws include everybody - you, me...every single Canadian. The parents of that child, the neighbors, the ones in the congregation that suspected the abuse was occurring...all of them.
People think they are exempt from reporting if they aren't acting in a professional capacity. In Canada, you are not exempt.
I myself have reported to the authorities, on more than one occasion, suspected child abuse. I make no apologies for doing so and, sometimes, it has involved family and friends. How else would I know about it except that I was close to the situation? Yes...I was the one who called...if anyone needs to know.
Why? Because I know my legal responsibility. Not just my moral responsibility - my legal responsibility is to report to authorities when I see or suspect a minor is being harmed. And I do that. And not just when my job has required it - I do it in my personal and social life.
The JWs do not take legal and social responsibility and in Canada, the law is clear on mandatory reporting. Very clear.
