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Opening comments:  More at the end.




Back to the Facebook Video Case index page.

Comments by others to this web-page 
- 36 - to this web-page at time of posting.


Torstar Network - Dec. 28, 2012 - By

Boy 'scarred for life' after arrest: Mom

A Mississauga mother says her 13-year-old son is scarred for his life after he was arrested at his middle school and brought to a police station in handcuffs over a video he posted to Facebook.

The Tomken Road Middle School student is alleged to have recorded a cell phone video of a scrap between two female classmates off school property on Dec. 17 and then posted it to his online profile.

The boy's mother said her son was called to the school's office on Dec. 19, where he was arrested by police, handcuffed and taken from the building to a police cruiser as other students looked on.

"How is an adult or an educator going to justify this situation — traumatizing a child and handcuffing him? Who's the bigger bully?" the mother asked.
The case comes during a year in which many high-profile tragedies, including the suicide of 15-year-old Amanda Todd of Port Coquitlam, B.C., have pushed the issue of cyber-bullying of school-age children to the forefront.

The boy, who can't be identified under the Youth Criminal Justice Act, was charged with mischief.
His mother, who also can't be named to protect the boy's identity, said the principal and school trustee called to say her son would be suspended for a month and transferred to another school.

Yesterday (Thursday, Dec. 27), Peel Regional Police said an underage female student, who also cannot be identified, was charged with assault on Dec. 19.
In the video, two girls can be seen arguing as a small group, including the filmmaker, approaches.

As the two trade insults, one girl walks away before the second girl grabs her by her lime-green backpack, hurling her to the pavement. As the girl on the ground retaliates with a kick, the second girl grabs her by her ankle and drags her a short distance before nearly straddling her and unleashing a barrage of at least eight punches to the face. As the punches connect, several people can be heard laughing.

Const. Erin Cooper said the boy's mischief charges relate to interfering with the victim's reasonable use and enjoyment of Facebook.
Police could not confirm whether the boy was handcuffed during arrest.

The boy's mother said she's not condoning the fight or her son's actions, but doesn't understand why he is being singled out in a situation she said was unfairly escalated by administration and police.  "There were a lot of other boys in the video seeing, standing by," she said.
She says educators missed a key opportunity to instruct the group of young teenagers on why posting the video online could be harmful and why it's not acceptable to be a bystander.  "The children were not aware posting a video is a wrong thing because they think it's a common practice," she said.

Peel District School Board spokesperson Carla Pereira said a school community member brought the video to the administration's attention.  After viewing the footage, the principal called police, she said.

Schools in Ontario follow provincial Ministry of Education guidelines for mandatory police reporting of physical assault causing bodily harm.
She said the board could not comment on an individual student's case, but said transfers can be necessary when police release conditions that dictate a student must be separated from other involved parties.

The boy's mother said her son and a group of friends have been in trouble at school before for being a "little bit mischievous," but nothing serious.
On Twitter, the boy has since posted in his own defence, saying he's not a bad kid, as his friends sent messages of support.

The mother said she intends to fight her son's charges in court when he appears in January.


Comments by others - 36 - to this web-page at time of posting;


johnnybegood         Dec 31, 2012 10:58 AM

Better Parenting Needed!!

Of course the kid is being singled out! He video taped the fight!!! If he doesn't like hand cuffs maybe you should be a better mother and teach him to not break the law. Most good parents have their kid's username and password to monitor what their kids do online... Ignorance is never an excuse. Ask any teacher or cop what the main cause of kids getting arrested or suspended and I guarantee they'll say bad parents. Finding excuses to point blame puts the joke on you and reinforces the fact you need to be more aware. Like your kid


EK                 Dec 29, 2012 2:48 AM

Mantis

One final comment. I don't know whether you know this or not, but there is a Peel Police officer on site every day at St. Joe's. I suspect that St. Joe's is not unique and that they are stationed at every high school. Newtown could have benefited with a cop at their school. I don't know about the elementary schools.


EK             Dec 29, 2012 2:39 AM

Mantis

Key part of it is "or engaging in other behaviour detrimental to our community will be subject to discipline which may include suspension." That is where they feel/felt that their authority extended far beyond the immediate neighbourhood. My kids got through it fine, but I remember clearly, the warnings about forbidden off school activities.


EK         Dec 29, 2012 2:30 AM

Mantis

It is "Students who persist in littering or engaging in other behaviour detrimental to our community will be subject to discipline which may include suspension." that they extended it to be anywhere. That was what told to us.


EK         Dec 29, 2012 2:28 AM

Mantis

Go to http://www.dpcdsb.org/JOESS/General Info/Students/Student Handbook.htm and page 12 where it states"Conduct in the Community Please respect the private property of our neighbours. Refrain from littering and/or loitering in any of the areas surrounding St. Joseph. Remember that you represent St. Joseph when you are in these areas. Be a goodwill ambassador. When you congregate, please remember to respect the rights of others, i.e., their right to a clean environment. Do not litter - others should not have to pick up after you and we can continue to keep positive relationships with our neighbours. Students who persist in littering or engaging in other behaviour detrimental to our community will be subject to discipline which may include suspension." This is I believe that the school based their comments to us.


EK             Dec 29, 2012 2:19 AM

Mantis

I'm basically on side with the boy in this article. However, I thought it important to bring out the fact that "codes of conduct" can and have been implemented beyond school grounds. I didn't necessarily agree with it, but I had to accept it or my kids would have had to gone to a different school.


EK             Dec 29, 2012 2:10 AM

Mantis

Sorry, but that is what St. Joe's has for its requirements to come to the school. If one doesn't like it, then they can go to another school . . . public school? It wasn't my decision. It was the decision of the school (or the Separate board). All I'm doing is posting what was (is still?) the policy of St. Joe's.

Agree 1


erin mills             Dec 29, 2012 12:09 AM

Good Point Mantis

This recording was done off school ground and hours, what legal right does the school have to suspend or transfer the boy to another school for recording and posting on facebook. They have no right, same here if there tried this to my family I tell them to pound sand and hire a lawyer to straighten them out.

Disagree 1


Mantis         Dec 28, 2012 11:03 PM

@EK

The school actually tries to impose a code of conduct on students outside of school hours and property? I'd tell them to pound sand if they ever tried to discipline a child of mine for something they did off-school grounds.


erin mills         Dec 28, 2012 8:47 PM

arrested will be dropped someone said

Ok what about the grief they are going threw the mother and son at christmas , now the mother has to spend thousands of Lawyers fees. Now the son gets suspended for a month and gets transferred to another school after the trustee and principal called the parents. I spoke to a Lawyer to day and this case is a pure joke of when you have certain people in power who want to abuse there powers and go overboard. What about the girl who started the fight is she getting suspended and transfered. Lets say the assault went one step further and a weapon was used. Would they not want this video for evidence and commend this kid for taping a crime. I just cant believe this is happening I would hire a Eddie Greenspan to set everyone straight and back to reality. I hope this is not a reflection of what our new Police chief agenda will be. We should be protecting our Children not charging them for video taping. Someone said the charges will be dropped, I am sure they will be but look what everyone has to go threw we have real crime and real criminals in Peel. If a reporter taped this fight would he get arrested for running it on the news. We have our priorities all screwed up.

Agree 1    Disagree 4


EK             Dec 28, 2012 5:52 PM

An observation and a question . . .

First the observation. I can tell everyone that St. Joe's has a code of conduct that applies to not only on school property, but also, off of school property. Yes, St. Joe's is a high school and I get that. Secondly with a question at the end is this. Let's assume that CBC had been in the neighbourhood and a reporter video recorded the fight and it ran on the 6:00pm news. Would the reporter be arrested? I doubt it as it would be seen a journalism. That is what I don't get. Why are the police more concerned with the boy who video recorded the fight than the girls who were actually fighting or perhaps their friends egging them on? I don't get it. I remember a fight (multiple on one) being recorded at St. Joe's when my kids went their. A few days later, the one who had been targeted stabbed one of the attackers inside the school. The person who actually video recorded the event was not punished. I just do not get why this boy was arrested. I suspect that whatever charges happen, will be dropped.

Agree 2    Disagree 2


sdipper             Dec 28, 2012 4:31 PM

@Passionate123456

I will agree with you that young people should be able to make good choices, and be taught by adults in their lives how to make good choices.

Agree 2


Mantis                Dec 28, 2012 4:21 PM

@Passionate123456

Schools almost never do the right thing -since they eliminated common sense from their decision making process. I am very much against bullying too but I am also against over-the-top reactions to it such as involving police, social workers, etc. They never did any such things when I was in school and I'd bet dollars to doughnuts that there were fewer behavioral problems in school.

Agree 2    Disagree 3


katt62         Dec 28, 2012 3:08 PM

kid got what was coming!

When are parents of today's youth going to start taking some responsibility for doing their job of teaching their own children what is right and wrong. It's very easy to put the blame entirely on the school . If you know as a parent that todays youth are posting on social media, then sit your kids down and have a conversation, state that there are/will be consequences for doing so. Where are the morals?, this kid got what he deserved, he is now suffering the consequences for his actions, he needs to take ownership! He is guilty as the girl who gave the beating by not doing anything, and to the mother: Worry only what your kid does, maybe now you can have that very overdue talk!!

Agree 7


Passionate123456         Dec 28, 2012 2:44 PM

@sdipper

I agree with you, there is more to the story! His story, her story, the middle and then the truth. @stanleyman - I was taught to stannd up for what is right, not to video tape..thats just wrong in every level...Moral values are taught at everyone house, the person you become or chose to be is the difference between the valuse you are taught. I also believe if he is "a bad kid" he can change its the people you choose to hang out with..I tell mine, your action will always stay on your school record. Think twice and walk away. Cell phones are also to call the police the number is 911, before video taping..

Agree 3    Disagree 1


sdipper         Dec 28, 2012 2:31 PM

@Petite

Yes, the kid could be a trouble maker. However, if he is to be charged, the police need to charge him correctly. If he is alleged to have caused mischief according to the legal definition, then a charge of mischief would be appropriate. Video-recording and posting that video onto the internet does not equate to the legal definition of mischief. Even the right-wingers at CFRB radio agree. Is there more to the story than we know?

Agree 2    Disagree 1


stanleyman         Dec 28, 2012 2:20 PM

no scars if you do the right thing.......

I am sure this is all a big misunderstanding. His mother taught him good moral values,... like it is better to film the violence then trying to stop it, then after capturing the violence , you should immortalize it in cyber space forever, and if you are called out on it, blame everyone else aound you ....I guess doing the right thing is to just to old school......

Agree 3    Disagree 2


Passionate123456         Dec 28, 2012 1:44 PM

@Mantis

This bullying happened in front of Dixie Public school...These are kindergarten to grade 5....Never the less these school kids just got off school and where on school property. (not there own school). The school and police did the right thing. Thats my opion only. I do not believe in bullying whether cyber or verbal. I am a responsable parent and keep track of the internet use twitter use, and where and who she hangs out with. I know some parents dont care hence the reason why this has happened.

Agree 4


Papercut         Dec 28, 2012 1:31 PM

Parents need to take responsibility

It’s a sad day when a parent blames the school system for a “missed opportunity” on parenting their child on the basic morals of life. With all the media on cyber bullying and privacy online, the excuse of “he didn’t know” is just what it is, an excuse. Maybe the mother needs to teach her son that the phone has another function, like calling an adult or the police. Do I feel sorry for him that this happened at school? Not in the least little bit! Did he think of the feelings of the girl who was getting beat up when he posted the video for all his friends to see??

Agree 6


Mantis         Dec 28, 2012 1:23 PM

Regardless

Regardless of whether the kid was a trouble maker or not, the school had no righ to insiunuate itself into the situation to begin with - it happened off school property and thus outside their jurisdcitiom. Secondly criminal charges is far to severe a response to what amoints to a school yard brawl. Agian, it comes down to idiotic schools substituting zero tolerance for common sense.

Disagree 3    -    Report Abuse 1


Passionate123456         Dec 28, 2012 1:03 PM

@Ernst Blofeld

I agree 100 percent you with, what about the girl in the video clearly taking punches to the face while "he was video taping" ...The law for the "young" offenders clearly need to change. If you commit a adult crime you should be behind bars. Clearly these kids planed and took action. I feel bad for the girl that was being beat on! I think the police should go door to door where ever these "teens" live get charater referances boy will they be suprised at what they will hear :)

Agree 4


Ernst Blofeld         Dec 28, 2012 12:40 PM

Mischief... Explained

Michief is the charge that best suits this incident. sdipper is only partly correct in his interpretation of the law. One of the elements of Mischief is taking away a persons (or group of people) ability to use and enjoy something, through a wilfull act. This kid posted the video to Facebook, which means that any time the Victim logged in, she would be faced with seeing the video - rendering her unable to use Facebook. It is not simply wilfully destroying property or data. I also see people saying; "Why him, and not the people that were fighting?" In the article, it does state that a female was arrested for the fight. The bottom line, is that this kid is a troublemaker. It likely isn't his first brush with the administration or police, but hopefully, it will be his last. This kid is not a Victim of anything except his own poor judgement. Besides, we all know the YCJA is a joke. He'll get off with nothing, and be back doing the same thing a week later.

Agree 5


Passionate123456         Dec 28, 2012 12:07 PM

Finally

Finally!!! if he didnt take the video particapate in the fight his friends won't see him taken away in handcuffs! My kids also go to the same school as the kids that where involved in this fight..They are all bullies calling teachers names swearing and pushing people around...Go to the plaza on Bloor where Valumart is you will see the kids there swearing...I hope the courts make an example out of all this..that includes the girls fighting.. Same on there parents for turning there backs!

Agree 4


Petite         Dec 28, 2012 11:51 AM

@ Dipper

The kid is a troublemaker. End of story. "Number2" just gave more info about the kid. Not a great kid at all. He needs the crap scared out of him. Hopefully he will smarten up. You can bet the new school will be keeping a "watchful eye" on him. Hope he grow up!

Agree 4


Carol53         Dec 28, 2012 11:46 AM

Not the full story

Seems to be more to this then meets the eye. This is just one side of the story the Mothers side. I am sure that there is more to the police taking him away in handcuffs. The police deal with all sorts of situations and know how to handle things especially involving young offenders. We should not jump to conclusions without all the details.

Agree 3


sdipper             Dec 28, 2012 11:43 AM

@Noahpr42

The boy may be a bad-a** kid. However, video-recording and posting a video does not constitute mischief. Again, mischief involves the wiful damage of (personal or physical) property or computer data. There could be more information about why the boy was given a mischief charge by the police. Did he destroy anything that belonged to the fighters? He could have been charged with posting minors commiting an offence if he didn't blur the faces. I don't think the police laid that charge.

Agree 1


Petite         Dec 28, 2012 11:12 AM

@ Noahrp42

Good for you for speaking out. Nice to see a student participating and giving their input. Sounds like the kid arrested is a troublemaker.

Agree 5


number2         Dec 28, 2012 11:05 AM

do your homework

Check out the stuff this kid has on his twitter account, including a message to not $*#@ with him and what looks like a pellet gun.

Agree 3


noahrp24         Dec 28, 2012 11:02 AM

I Witness this

Guys, I belong to this school and I am disappointing to see our school name on the newspaper other than the Olympic torch run. I just woke up and saw this article on the paper and I quickly ran on the internet to read it fully. I will give more details about this. First i have seen the video and second I heard lots of people saying that he got arrested. third this group of people always make fun of the lunch supervisors (one of them retired) and even the vice principle when he comes out but he goes with it anyways.overall this is bad!!!!

Agree 5


sdipper             Dec 28, 2012 10:43 AM

More to the story?

There could be more to the story than we know. However, from what I have read, I don't think that there is enough evidence to make the charge of mischief stick.

Agree 2    Disagree 1


sdipper         Dec 28, 2012 10:39 AM

@Petite

What law did the boy break? The police state that he broke the law that deals with mischief. Mischief involves destroying or damaging property of any kind and computer data. The lesson the boy will receive is never to trust the police. If he sees a future crime happening, will he report it to the police? Probably not. I don't condone his moral actions of not assisting to stop, move away, or report the fight. However, what did he do that was legally wrong that involved the legal definition of mischief?

Disagree 1


Mantis         Dec 28, 2012 10:31 AM

@Shame

If posting the video was a crime then why wasn't the fight itself?

Agree 1    Disagree 3


Petite             Dec 28, 2012 10:24 AM

The boy did a stupid thing.

Sounds like he is no angel. He has been in trouble before. The charges may get dropped, but I hope he has learned a good lesson the hard way. The police expereince should hopefully make him realize he must obey rules and the law.

Agree 3    Disagree 1


Shame             Dec 28, 2012 10:08 AM

@ Mantis

It’s a crime because it further humiliates a child who has already been humiliated enough. What do you think is worse being escorted out of the school in handcuffs or having a video of you being beat up posted on line forever. The problem here is the mother teaching her son that he is the victim and not that when you make poor choices you need you live with the consequences even if they are embarrassing.

Agree 4    Disagree 1


Mantis             Dec 28, 2012 9:33 AM

I Agree

I have to agree. Why is this video taping a "crime" but the fight itself evidently was not?

Agree 1    Disagree 3


sdipper             Dec 28, 2012 8:27 AM

The boy's case should be thrown out.

A charge of mischief involves destroying or damaging property or computer data. I did not see any information here which alleges that the boy destroyed property or damaged computer information. I may not have all the information. I don't know if the boy was encouraging the fight. If so, that would still not constitute mischief unless he encouraged personal property to be destroyed. Finally, what is worrying is charging someone with video-taping and publishing that video. 'TV news stations do it all the time. Don't private citizens have the same right to upload similar information to Facebook or YouTube? Mind you, he should have legally blurred out the faces as those in the fight were minors. However, that would not constitute a charge of mischief. If I were the boy's lawyer, I would seek to get the case dismissed.

Agree 2    Disagree 4



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