Shut Up and Pay

August 26, 2006 permalink

The family that established the website casinternment.com complied with the law by not mentioning the names of family members on the site. That is not enough for Children's Aid. The family has now received a legal motion from Children's Aid seeking to strike everything they have filed in court in their own defense, to prevent them from making any statements about the case, to the public or to participants in the litigation, and to pay costs ($26,000 in another affidavit) to CAS. They will not be permitted to speak to witnesses to prepare their defense. They will even be prevented from saying that the case is in Ontario. This is the fate of families too poor to defend themselves. The symbol █ appears where the posted original is blotted out.

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Motion.

1. The Society seeks an order pursuant to rules 1(8) and 14(23) of the Family Law Rules:
   1. striking the Respondent answer and all material filed in the Continuing Record without prejudice to right under the orders of the Honourable Madam Justice Robertson and the Honourable Mr. Justice Sheffield to participate in the Court ordered parenting capacity and psychiatriatric assessments and
   2. costs payable forthwith to the Frontenac Children's Aid Society.
   as a result of not having complied with the order of the Honourable Mr. Justice Brennan of March 8, 2006, and the order of the Honourable Madam Justice Robertson of March 9, 2006.
2. The Society seeks an order pursuant to s. 101 of the Courts of Justice Act RSO 1990 c C.43 a prohibition on the publication of all details that refer to this child protection proceeding directly or by inference in the following ways:
   1. The name or address or province of residence of the children.
   2. The name or address or province of either biological parents of the children.
   3. The name or address or province of any person that the children have resided with or may reside with as a result of the child protection proceedings.
   4. the name or address or province of group home or foster home of the children.
   5. The name or address or province of the child protection agency.
   6. The name or address of any witness in the hearings.
   7. The particulars of any earlier publication respecting the matter before this Honourable Court.
   8. the particulars of any Transcripts or Affidavits of these proceedings.
   9. Any information contained in the Society's material disclosed to Ms. ███
   10. Video or photographs related to T██ and C██ ███ and Ms ███, and other person that the children may reside with or have resided with as a result of these child protection proceedings, and the residence of either child.
3. the Society seeks an order pursuant to rule s. 31(5) of the Family Law Rules, and/or pursuant to Rule 1(8), the society seeks an order
   1. finding the Respondent in contempt of the order of the Honourable Mr. Justice Brennan of March 8th, 2006 and the order of the Honourable Madam Justice Robertson of March 9th, 2006 and
   2. upon the Court finding in contempt, an order for the following:
      1. The Respondent shall not disseminate any information about employees of the Society, community and support services, or any individual or services mentioned in the Society's Protection Application and supporting documents.
      2. The Respondent shall not disseminate any information that has the effect of identifying members' of the children's family, Ms. ███ and the children T██ ████ and ██ ████ who are the subjects of a proceeding under the Child and Family Services Act.
      3. The Respondent shall not annoy, harass, intimidate, molest or contact, directly or indirectly any individuals or services mentioned in the Court documents filed in these proceedings.
      4. costs payable forthwith to the Frontenac Children's Aid Society.
4. Such further order as may be deemed by the court to be in the best interest of the children.

Source:
photocopy of motion posted by the parents

Addendum: Examination of the posted source documents reveals that CAS routinely scrutinizes websites opposing their actions, including Canada Court Watch and Dufferin VOCA.