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A girl tries to protect herself from Children's Aid.
A girl who has been forceably separated from her father compares her
plight to that of Anne Frank, so we identify her with the pseudonym Anne.
The reports on Anne all come from Canada Court Watch.
Anne's parents are separated, and she lived with her father until CAS
intervened. She knows he is the good parent and her mother is the abusive
one. On December 14, 2004 CAS took Anne from her father and placed her in
Caithkin Foster Homes, Wasaga Beach Ontario, part of an effort to get
her to live with her mother. Through the Office of the Children's Lawyer,
Anne was assigned lawyer Barbara Steinberg of Newmarket Ontario. Here are
two letters from Anne to Ontario Provincial Premier Dalton McGuinty asking
in the first for his help in returning to her father, and in the second for
protection from Children's Aid. [February 2,
2005] [February 19, 2005] (both pdf)
Anne ran away from the foster home to be with friends and family. On
February 18 she sent a fax to Barrie Police Chief Wayne Frechette advising
him that she was safe with her father. On February 22, 2005 CAS workers
Jennifer Lester and Steve Rainey, accompanied by police and an apprehension
warrant, raided the father's home in Barrie Ontario looking unsuccessfully
for Anne. Later Anne's father asked for the documents substantiating the
warrant at the courthouse in Newmarket, a request that was denied. Barbara
Steinberg refuses to defend her client in court on grounds of impropriety.
Lawyers extend this courtesy to felons but not children.
Here is a set of recordings made by Anne on February 23, 2005, but only
posted to the internet later. In recording five we find CAS abusing Anne
with an act for which it castigates parents. All are mp3.
CAS supports bad mom against good dad.
CAS tried to force Anne back to abusive mom.
Her lawyer recorded Anne, but denied it.
CAS planned to follow car on visit.
CAS takes Anne out of school.
Anne threatened by spurned lover.
Caithkin tried to get Anne to return to mom.
Fosters embezzle Anne's allowance.
On Feb 27, 2005 (pdf) Anne wrote another
letter, this one to Barbara Steinberg. She pleads for the opportunity to
speak to the court, a privilege denied to most parents in family court.
While the previous letters may have been ghost written, this one is in her
own hand.
On March 4, 2005 (pdf) Canada Court Watch
disclosed that Anne is now the subject of a province-wide man-hunt.
Also on March 4, Anne wrote a letter to the Prime
Minister of Canada.
On March 19 2005 Anne was arrested by police and forcibly placed in a
group home. The police won't admit that this kind of action is an arrest,
they call it "protection". She was taken by force -- the police told her
she had no choice but to accompany them, and they broke down a door to get
to her.
In other incidents reported on March 22 in Anne's
affidavit (pdf), she was subject to constant threats by social workers,
denied the opportunity to read court papers "served" on her, and her
brothers were excluded from the court hearing in her case.
On March 30 2005, Anne sent a letter to judge
Solomon.
On April 12 2005, Anne addressed a letter to
Canadian Tire asking them to stop their financial support of Children's
Aid.
On April 24, 2005 a letter from Anne's father
(pdf) to his wife's lawyer disclosed that lawyer billings in his case are
approaching a quarter of a million dollars. It also discloses other
wrongdoing in the form of an anonymous letter to his employer with
allegations threatening his employment.
On April 26, 2005 Canada Court Watch wrote this summary of Anne's case (pdf).
On May 2, 2005 Anne's 17-year-old brother addressed a letter to Stephen Rainey of Simcoe CAS regarding the
treatment of his family. He reveals that CAS advised his mother to prevent
Anne's younger sister from having any contact with other members of her
family. While Dufferin VOCA has no knowledge of Anne's case, we can say
that the advice is typical of CAS actions in other cases.
On June 20, 2005 a court hearing for Anne's father was scheduled for
Barrie. Children's Aid was trying to get him held in contempt for failing
to disclose Anne's whereabouts. Before the court time, ten associates of
Canada Court Watch surrounded the courthouse and distributed flyers
describing Anne's case. By the time the hearing started, there were flyers
throughout the courthouse, and the judge knew about them. Upon seeing a
reporter from Canada Court Watch in the courtroom as a media representative,
the judge and lawyers retreated to chambers for an hour and a half. When
the judge returned, she announced that the Canada Court Watch reporter could
not attend without making a motion before the court. The judge did not
allow the reporter to give any argument for the record, and he retreated
when threatened by security staff. The hearing for Anne's father was
postponed.
Outside the courthouse, the distribution of flyers continued. The public
was not apathetic, a third of passers-by gave some positive indication of
support. The only negative comment came from a Children's Aid worker. Many
people described their own family's involvement with Children's Aid. One
woman in a wheel chair identified herself as a former Children's Aid worker
who retired 20 years ago, and is appalled at their current practice of
family destruction -- she tried to keep families together. After the
hearing, distribution of flyers continued in downtown Barrie
The flyers were copies of Canada Court Watch reports dated March 4, 2005 and April 26,
2005.
On June 28, 2005 Rev Dorian Baxter addressed a letter to Ontario Attorney General Michael
Bryant regarding the handling of his hearing in
Barrie.
On June 30, 2005 the contempt hearing for Anne's dad was
scheduled for the courthouse at 49 Huron Street, Collingwood
Ontario. He came at the start of business, 9 am. Seven
associates of Canada Court Watch also came and began
distributing the same two flyers handed out in Barrie on
June 20. The hearing was really scheduled for 1:15 pm, a
fact known to the lawyer for Children's Aid who arrived at
1:15 and the lawyer for Anne's mother who arrived at 2 pm.
Anne's father and his lawyer Carol Allen waited with the
meter running until afternoon.
At 2:30 the parties entered courtroom 2. OPP officer G
Banks excluded two media representatives from Canada Court
Watch, including Archbishop Dorian Baxter. Within two
minutes the officer deadbolted the door. Officer Banks said
he was acting on authority not of the judge but of of a
court clerk, though he did not know her name. She appeared
outside the locked courtroom and identified herself as Barb
Ritchie, acting on orders of judge Olah. Neither listened
to any argument. The officer said he was admitting only
persons with papers indicating they had business in the
court, and did not even look at documents presented to him
by Canada Court Watch. The Child and Family Services Act
sections 45 (5) and (7) provide:
(5) Media representatives chosen in accordance with
subsection (6) may be present at a hearing that is
held in the absence of the public, unless the court
makes an order excluding them under subsection (7).
(7) The court may make an order,
| (a) | excluding a particular media
representative from all or part of a
hearing; |
| (b) | excluding all media representatives
from all or a part of a hearing;
or |
| (c) | prohibiting the publication of a
report of the hearing or a specified
part of the hearing, |
where the court is of the opinion that the
presence of the media representative or
representatives or the publication of the report, as
the case may be, would cause emotional harm to a
child who is a witness at or a participant in the
hearing or is the subject of the proceeding.
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Sign in Collingwood courthouse
Conduct in the Courtroom
Visitors are welcome in the courtrooms of Ontario.
- Silence is required; therefore all cell phones
and pagers must be turned off.
- Use of cameras, recording devices or photo
phones is not permitted.
- You may not eat, drink, chew gum or read
newspapers in the courtroom.
- Please remove sunglasses and all hats other than religious
head coverings. Appropriate attire is required.
- When the judge enters or leaves the courtroom,
please stand.
- Do not make noise, enter or leave the courtroom while the judge
is speaking.
Thank you for your cooperation.
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The court did not find that the media would cause
emotional harm to the child, and hardly could have done so
had the matter been heard, since Canada Court Watch was in
possession of a letter from Anne to her lawyer, Mr Manning,
asking the media to attend.
Hearings before Judge Lydia M Olah took place from 2:30
pm to 3:45, and again from 4:15 pm to 4:35. Scuttlebut
during the intermissions suggested the judge was angry with
Canada Court Watch. Following a 15 minute recess for the
judge to make up her mind, court reconvened for 15 minutes.
Anne's father was held in contempt. He has until 9 am on
Tuesday July 5, 2005 to deliver Anne to Children's Aid, or
he will be committed to jail indefinitely and fined $1000
per day. No appeal is practical under the circumstances.
Anne has two older brothers living with their father and
this judgment will disrupt their lives as well. The Ontario
courts do not care how many innocent bystanders are harmed
with their orders.
While there were no outside witnesses to today's in
camera hearing, in earlier hearings there had been ample
evidence presented of the abuse suffered by Anne while in
the care of Children's Aid. This evidence was disregarded
by the court.
A reporter, Angela McEwen of the Collingwood
Connection, spent twenty minutes interviewing several of
Anne's supporters outside the hearing room.
Do any of the circumstances suggest collusion between
Children's Aid and the court? And what is a father to do,
faced with the dilemma of jail and financial ruin, or
delivering his daughter to an agency that has harmed her in
the past?
Anne was placed in a premium foster home, one paid $70
per day instead of the now-routine $30 per day. She had no
problems in this home, and six months later when the judge
became annoyed at the mother's actions, Anne was returned to
her father.
MEDIA RELEASE
OUTRAGEOUS Order for Court Costs Ruins
Canadian Father and His Children!
By Tom Thompson, Justice Reporter
June 13, 2007
In yet another story of emotional and financial
devastation, Justice Craig Perkins of the Barrie Family
Court has ordered one father to pay in excess of $300,000 in
court costs to his ex wife's counsel. Justice Craig Perkins
who sits as judge in the Barrie and Newmarket court circuit
has ordered a publication ban and as such we cannot record
or mention the names of family members or where they live .
What should have been a simple access matter relating to
a school-aged child has, as is often the case in Ontario
Family Court, become a tale of emotional abuse and and
financial ruin for the father and children involved.
In the reason for decision Justice Perkins states that the case was
"sadder than the usual family tragedy. The couples once considerable assets
which would ordinarily be the children's inheritance, have already been
spent on legal fees and both parents are emotional wrecks".
After noting, and apparently lamenting that the family is already
financially ruined, Justice Perkins went ahead and ordered way over a
quarter of a million dollars in court costs against the Father who cares for
his three eldest children without any child support being paid by the
mother.
Undoubtedly this order against yet another loving dad will cause harm to
the children when their father is financially unable to provide for them any
longer. Sadly this is just another example of the results of the virtual
war being waged against Canadian fathers and men in family and divorce
court
To those who are familiar with this family's case, and the already
destructive decisions that have torn this father's life apart, these court
costs are outrageous and ruinous and serve as yet another example of how the
court system continues to destroy children and bankrupt families at an
unprecedented rate in Ontario.
Reached for comment in Ottawa, Jeremy Swanson a Canadian fathers and
men's rights activist said "It is a sad day indeed when fathers seeking
relief from the courts during their divorce/custody issues are instead
further emotionally battered and bankrupted by judges. The costs awarded
would have been enough to help this family start again despite the injustice
leveled against them. It was enough to buy a house and secure a future
despite the knowledge of the awful injustice meted out by the courts in this
case. But instead this family is left destitute and living in a basement
trying to survive" he said.
"This is not an isolated incident of course" said Mr Swanson. "This kind
of thing happens just about all the time in varying degrees but with the
same recurring theme and consistency, across the country. It is nothing
more than a massive transfer of wealth to the entire detriment of the
Canadian man and father. Canadian fathers and their representatives across
Canada are outraged by the injustice of this case, the assault on a
once-stable and happy family, the continuing bias and discrimination in the
courts and the "war" against Canadian fathers in general.".
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Another report on the same incident:
Barrie Court continues its reign of destruction on a once
loving family
(June 13, 2007) - Court Watch was notified that Justice Craig Perkins who
sits as judge in the Barrie and Newmarket courts, has ordered that a loving
father pay $300,000 in court costs in a court matter which involved the
simple request by the father to have every-other weekend access to his
10-year-old daughter. Although the 10 year-old wanted to see her father and
older siblings, Justice Perkins ordered that the father and the older
children could not see or even speak to the 10-year-old until she was 18
years of age! The child's access to her father and older siblings was
completely severed by Justice Perkins.. In a decision which contradicted
the evidence presented to him in court, including testimony of the older
children as to their mother's abuse and violence, Justice Perkins severed a
once loving a close family with a decision that many see as a form of
punishment on the father and the older children who chose to live with their
loving and stable father.
To those who are familiar with this family's case, these court costs are
outrageous and yet another example of how the family court system continues
to destroy children, bankrupt families and to punish those who dare to speak
out against the justice system and the CAS. Justice Perkins never even
asked to have the wishes and preferences of the 10-year-old child brought
before the court. Everyone who knew this family was aware that the youngest
child desperately wanted to see her father but this did not seem to matter
to Justice Perkins.
Court Watch cannot mention the names of family members or where they live
because Justice Perkins ordered a publication ban to this effect although it
must be noted that Justice Perkins is in violation of his own court Order
when he published his reasons for judgement in the case. It would seem that
the learned Justice Perkins cannot even properly interpret his own court
orders. To many Canadians, these sorts of publication bans are only
intended to hide the dirty work going on in many of our family courts today
and to keep Canadians from finding out about how families in our communities
are being torn apart and destroyed by Canada's family justice system.
At one point, Justice Lydia Olah was also involved in this family case
and at one court hearing involving this family had police from the OPP in
Collingwood, Ontario illegally obstruct members of the media from entering
her courtroom by having police lock the courtroom doors. It is disgusting
that these sorts of court shenanigans are being orchestrated by some of
Canada's Judges who should know better.
The man ordered to pay is Anne's father. He is now in debt, without
means to pay the $300,000 lawyer's fee, or even $100,000 to appeal his case.
The only saving grace is that years ago he established trust funds for the
children to finance their college education. The adverse lawyers moved to
plunder those funds to pay their fees, but at least that was denied by the
judge.
In the recent trial that led to the award of costs, the father was
allowed to make an audio recording of the proceedings, without obstruction
from the court. This is one small step forward in reforming Ontario's
family courts.
After a trial Judge Craig Perkins issued an order and opinion in the
parent's divorce case. The three oldest children had voted with their
feet to stay with their father. The youngest child, age 10 years, too
young to vote with her feet, was ordered to stay with her mother, and
the father and three older children were ordered to stay away from the
mother and youngest child. You can read Judge Perkins' opinion online, and also his opinion in the award of costs.
Canada Court Watch published a letter giving the
response of the three older children. The girl identified in the letter
by the initials JS is the same girl we have been calling by the pseudonym
Anne.
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