Thursday, August 20, 2009

The Failure of the Canadian Courts






By Jeffrey Asher
18th August 2009

To our elected Representatives,

Feminist jurisprudence, antagonistic to the family, dominates Canadian criminal and family courts. As a result of these state - sanctioned policies, fathers – who have committed no fault - are routinely ejected from their homes and the lives of their children on nothing more than a spurious and often vindictive accusation.

Without mercy, decent fathers are sent to prison cells without due process and in violation of constitutional protections. Without credible evidence of wife accusations, and deprived of a legal opportunity for defence, judges routinely impose restraining orders. Fathers typically squander hundreds of thousands of dollars in a futile defence, which should have benefited their children and allocated to their old age.

Judges routinely deprive fathers of the work of their lives, in founding a home, income and a family. Fathers and children are deprived of mutual care and love, their lives irreparably shattered. Many fathers, deprived of the care and love of their children succumb to alcoholism, depression and suicide. Few dictatorships function as ruthlessly in tearing the family asunder.

These arbitrary criminal measures, aimed exclusively against fathers, presume guilt before due process, and result in injustice contrived by a hostile and manipulative wife. These arbitrary measures, founded in feminist jurisprudence, are systematically enforced by the police and Crown Attorneys. Feminist politics contravene every just law enacted in the Western democratic heritage.

Jeffrey Asher
FathersCan (Ottawa)

Nicholson should run for the NDP ~ NDP Remains No Dads Party

Press Release

Contact: Kris Titus
Phone: 1-888-345-2262 ext.703

FOR IMMEDIATE RELEASE
August 18, 2009


Nicholson should run for the NDP

NDP Remains No Dads Party

Is anyone else surprised at the amount of attention and coverage a backbencher bill that sits in the 200s on the order paper is getting?
The Canadian Bar Association, a 'vested interest' in the divorce industry and its continuation as a flawed means of handling family breakdown, asked for assurances from Justice Minister Rob Nicholson that he would not support Bill C-422 to amend the Divorce Act in favor of presumptive equal parenting at their annual conference.

With divorces in Canada costing $25,000 per person on average, is it any wonder the CBA would be out to protect the status quo?
Nicholson is quoted in many news publications as saying, the interests of children must take priority over a father's right to an equal parenting role after divorce, and "I believe, and I think most people who have been involved in family law or studied this, that the best interests of the child are always paramount . . . and should be."

"I'll bet that's a slap upside the head to all the non-custodial mothers out there that relate to what fathers are going through," says Kris Titus, National Coordinator of F4J Fathers 4 Justice Canada.
Fathers 4 Justice's mission is to tirelessly promote every child's right, in life and law, to be raised by both parents on an equal basis in the event of separation and/or divorce.
We further believe that such equality in parenting has been clearly shown to be in the best interests of children.

"Why does everybody have such a hard time applying the same comments to mothers? Rob should have said the interests of the children must be taken over the rights of the father AND the mother. It's an absolute bias, absolutely! With comments like that, he's better off running for the NDP, the No Dads Party," says Titus.

Speaking of the NDP. Their conference this past weekend provided them an opportunity to remake their name and their image. As reports from the conference show they did neither, continuing to focus only on domestic violence against women, they remain the No Dads Party.


Maybe Mr. Layton should be afforded an opportunity to explain his party's position on the stand when the trial for the No Dads Party begins.
-------------------------------------------------------------------------------
CONTACT: National Coordinator, Kris Titus 1-888-345-2262 ext. 703
National Website for more information about F4J Fathers 4 Justice Canada Canada: www.f4jcanada.ca

-End

Vellacott calls for Canadian Bar Association to play constructive role in equal parenting debate

Maurice Vellacott, MP
Saskatoon-Wanuskewin

For Immediate Release August 20, 2009
OTTAWA – MP Maurice Vellacott (Saskatoon-Wanuskewin) today called for the Canadian Bar Association to play a constructive role in the unfolding debate on equal parenting following divorce, in response to negative tones raised at the annual meeting of the CBA being held in Dublin, Ireland.

Echoing Justice Minister Rob Nicholson’s statement at the conference that best interests of the child must indeed be paramount in family law, Vellacott pointed out that “the central problem being addressed in my Private Member’s Bill is quite simply that ‘best interests of the child’ are not defined in the Divorce Act.”

“It’s like having a car without an engine and a steering wheel, in which the only way to move the car is with lawyers pushing and judges supposedly steering, all of which is done at great expense to divorcing parents and taxpayers,” he continued. “It’s simply not fair to Judges, taxpayers, parents, and least of all the children of divorce,” he added.
“The unsubstantiated views voiced by a few CBA members at the conference are not constructive” Mr. Vellacott noted in reference to calls made by Meg Shaw reportedly on behalf of CBA to reject Bill C-422.

“It’s time for a reality check. First, Canadians overwhelmingly support shared equal parenting according to polls. Secondly, social scientists have long confirmed that this arrangement is generally the optimal outcome for children as well as parents. Third, children themselves prefer continuity of relationship with both parents and associated family. Fourth, all political parties agreed 10 years ago in the “For the Sake of the Children” report that shared equal parenting was the way to go. Fifth, all indications point to growing non-partisan consensus in this parliament that it’s time to address commitments made by all parties a decade ago.”

“Let me state for the record that Bill C-422 reflects extensive input from the Canadian extended divorce community, whose members well understand the realities of family law through trial by fire. In many ways, it is they who are the experts, and I also call upon all Members of Parliament to accord them the long overdue status as primary stakeholders in this complex issue,” Vellacott emphasized.

Vellacott noted, “Working with the Canadian Equal Parenting Council, a coalition of 40 organizations, we have developed legislation that not only defines decision criteria for the best interest of the child, but also faces up to the contentious issues of child abuse and inter-partner violence. It represents a solid down payment for long overdue reform in family law.”

Vellacott concluded, “I now call upon Mr. Kevin Carroll, the incoming president of the CBA, to join us in constructively refining the legislation. This is not only for the sake of the children, but ultimately for the sake of all Canadians.”
– 30 –
For more comment, call Maurice Vellacott at (613) 992-1966; (613) 297-2249; or contact Prof. Edward Kruk, M.S.W., Ph.D. at edward.kruk@ubc.ca; 604-822-2383, lawyer Karen Selick at karen.selick@sympatico.ca; 888-877-2154 (fax) or Toronto family law lawyer, Gene C. Colman at 416-635-9264.

Canada needs judges, justice minister says ~ But apparently not Dads

Nicholson is in the news but has apparently back peddled on the statements by O'Neil in the following story with respect to PMB C-422. I will provide my own analysis and opinion as we read through the missives.

Firstly it is clearly nice for a lobby group like the CANADIAN Bar Association holding a convention offshore in another country to get the Justice Minister of Canada to provide a key note address. Secondly how should one view a person who is a member of this same lobby group pandering in the manner he did. Thirdly, I thought there were laws preventing this kind of potential corruption when politicians deal with lobby groups, especially also being a member of the same group. Does the Minister of defense consort with and provide personal opinions from the defense contractors association? On the surface is does appear innocent but probe deeper and I think you will find a change in the law such as C-422 proposes may do lawyers out of some business. Has Nicholson been "played" as a sap by his brethren? It wouldn't be the first time a politician has suffered such a malady.

Inasmuch as my heritage is Irish I do hold this country in high esteem. You do have to ask yourself, however, how do you get the highest justice official in the land to travel to a foreign country at tax payers expense, including men who pay the vast majority of same, and categorically state he does not believe his own gender is equal when it comes to parenting?

He touts the undefined "In the best interest of Children" which means just about anything to the specific judge dealing with custody orders. Its like mom and apple pie. Nicely stated, poetic and morally of the highest order but elusive - except for apple pie. When you eat it you know if its good or bad and when its good - its the best. We all know not all moms are good just as not all dads. In IPV things are pretty much equal between genders with Lesbians having a higher rate. I note one female lawyer indicates an old canard which means how could we ever give men equality as they will abuse unprotected children.

“Will you stand up for children and oppose this private member’s bill?” asked Meg Shaw of Kelowna, B.C.

Shaw, in her question, said Vellacott’s bill “seems appealing,” but said that experience in other jurisdictions shows that a shift in focus would mean children wouldn’t be adequately protected.

Does she refer to feminist shrieking in Australia? Shaw as usual cites not one credible source for this comment.

What gets overlooked is the mom is the biggest abuser and killer of children in the USA and OZ.

I remain befuddled by this kind of political posturing concerning our children but cynical to the core. Politicians are chameleons and change as often as it is necessary to get re-elected. After all it isn't principle its popularity. After the article I will show a letter I received from this same Minister carefully crafted as only professional letter writers in the upper echelons of power can achieve. They are good at what they do and Minister's rely heavily on their craftsmanship - or is that craftspersonship?

Canada needs judges, justice minister says

Peter O’Neil, Europe Correspondent, Canwest News Service Published: Monday, August 17, 2009

Canada's Justice Minister Rob Nicholson speaks during Question Period in the House of Commons on Parliament Hill in Ottawa June 8, 2009.

Chris Wattie/Reuters Canada's Justice Minister Rob Nicholson speaks during Question Period in the House of Commons on Parliament Hill in Ottawa June 8, 2009.

DUBLIN -- Canada needs more judges, Justice Minister Rob Nicholson said here Monday while taking sometimes critical questions from the country's legal community on the Harper government's tough-on-crime agenda.

Mr. Nicholson was speaking to the Canadian Bar Association at its annual meeting in Ireland's capital.

"As I point out to my colleagues, the country keeps getting bigger, the issues are getting more complicated, and you know there are more demands" on the justice system, Mr. Nicholson told CBA members.

"We need to have more judges."

The minister, who was being asked about the shortage of family court judges, acknowledged that there was a particular problem in the Canadian North.

He noted that a bill passed last year was the first piece of federal legislation to increase the number of judges since 1991.

Mr. Nicholson was referring to an amendment to the Judges Act to increase by 20 the number of provincial and territorial superior court judges across the country as part of a plan to reduce court backlogs and case delays.

Mr. Nicholson also said Monday he doesn't support a backbench Conservative MP's private member's bill that would shift family law in Canada to give fathers more rights in custody disputes. He won a cheer from CBA members for saying he supports the current principle in Canada's Divorce Act that the interests of the children must prevail.

Liberal MP Brian Murphy, vice-chairman of the House of Commons justice committee, said he was pleased with the minister's declarations on both issues.

Mr. Murphy, who is attending the CBA annual meeting, said Canada needs more and better-trained judges, particularly in areas such as family law and in complicated areas like internet crime.

Several lawyers who grilled Mr. Nicholson on other matters, such as the government's new policy on clemency for Canadians facing the death penalty in foreign countries, were less satisfied.

The minister said he'd pass on CBA's objections to that policy, which was described Sunday as unprincipled and inconsistent, to Foreign Affairs Minister Lawrence Cannon, whose department issued the policy statement.

He also wouldn't say whether the government would accept a Federal Court of Appeal ruling Friday ordering Ottawa to make diplomatic efforts to repatriate accused terrorist Omar Khadr from the U.S. military prison in Guantanamo Bay. The CBA has been pushing Ottawa to return Mr. Khadr to Canada.


http://www.nationalpost.com/news/canada/story.html?id=1901879

Letter to the Editor - National Post 19/8/09

http://www.nationalpost.com/related/topics/story.html?id=1906660

Playing politics with our kids

National Post Published: Wednesday, August 19, 2009

Re: Children Should Be Top Priority In Divorces: Minister, Aug. 18.

It was comforting to see Justice Minister Rob Nicholson's response [ "I believe ... that the best interests of the child are always paramount"] to one of the lawyers of the multi-billion dollar divorce industry who was luxuriating in the hotels of Ireland for the Canadian Bar Association's "national" meeting.

The current divorce system results increases child suicide, drug usage, teenage pregnancies and poverty while lowering educational achievement. It is clear that the current system is structured to be more in the lawyers' best interests than those of our children.

It is time to stop playing politics with our kids.

Brian Jenkins, Mississauga, Ont.

The letter via email I received from Mr. Nicholson.

fromMinisterial Correspondence Unit - Mailout
sender timeSent at 08:57 (GMT-04:00). Current time there: 10:28.
tomike.murphy@nospam.ca
date12 August 2009 08:57
subjectCorrespondence from the Minister of Justice and Attorney General of Canada
Dear Mr. Murphy:

Thank you for your correspondence concerning family law.

I regret the delay in responding. I sympathize with the difficult situations that may arise as a result of separation or divorce, particularly when children are involved. As Minister of Justice and Attorney General of Canada, I am mandated to provide legal advice only to the federal government. I hope you will understand that, for this reason, I cannot comment on specific cases, or intervene, or otherwise become involved in matters of a private nature. Family law in Canada is an area of shared jurisdiction.

The federal, provincial, and territorial governments have the common goal of creating an improved, less adversarial family justice system across Canada. I would like to assure you of the Government’s commitment to making the family justice system as fair as possible for all concerned. While the federal government indeed takes the lead in proposing ways to achieve this goal, addressing these issues is a collaborative effort with the provinces and territories.

The Government supports a child-centred policy that will encourage parents to fulfill their responsibilities to their children in a way that will promote their children’s best interests. I particularly note your comments regarding gender equality in the family justice system. As you may be aware, the Divorce Act directs the court to make decisions on parenting arrangements based only on the best interests of the child, which is the core principle of family law.

Custody and access may be awarded to either parent, regardless of gender, or to both parents jointly. The Act does not favour either parent in making this determination. Your suggestion that the Divorce Act should be amended to make shared custody presumptive has been noted and will be given every consideration. However, the courts already have the discretion under the Act to order that custody be shared if they consider it to be in the child’s best interests.

Similarly, there is nothing in the Act that prevents parents who can agree on shared custody from making that arrangement for their children. As set out in the Act, the best interests of the child must take precedence in all court decisions involving custody and access. When making a decision about a particular case, courts must assess the means, needs and other circumstances of the child based on the facts brought before them. A parent’s past conduct cannot be taken into consideration unless it directly affects his/her ability to act as a parent.

Although the Divorce Act is a federal law, the provinces and territories are responsible for implementing it. I note that you have already sent a copy of your correspondence to the Honourable Chris Bentley, Attorney General of Ontario, who is responsible for the administration of justice in your province and the appropriate authority in that regard. I also note your support for Bill C-422, An Act to amend the Divorce Act (equal parenting) and to make consequential amendments to other Acts.

As you may be aware, Bill C-422 was introduced into the House of Commons by Conservative Member of Parliament Mr. Maurice Vellacott on June 16, 2009. As a Private Member's Bill, it will be debated in accordance with the rules of the House of Commons for Private Members' Business. Please be assured that the Government of Canada is committed to working with the provinces and territories with a view to resolving the many complex issues that arise both during and after separation and divorce.

Thank you again for writing and sharing your concerns.

Yours truly,

The Honourable Rob Nicholson

This is truly a well crafted document and as a former "crafter" of same when I was in public service I am impressed. It gives lots of information but is, as usual, non-committal. It describes split jurisdiction and then passes the buck to the Province. The Provincial's do the same thing in reverse. We have a federal law implemented by the provinces by federally appointed judges working in provincial court houses. These same judges receive a federal pension on retirement. Interesting federation we have don't you think. It almost appears as though it was specifically designed to be able to blame other politicians at other levels for the problems. It sometimes makes me wonder why we need a federal system at all if all they do is pass the buck and transfer wealth. I am being just a tad rhetorical on that point.

Here is an update AKA as "spin doctoring" from the Minister's PR apparatchik. Note she states
"strong families are the foundation of our society" yet our families are failing and children suffer the consequences at alarming rates. Look at the negative social outcomes for children in single family female homes. It is appalling. The best interest of the child mantra is carefully crafted "spin". If they really believed this better care and resources would be assigned to prevent family breakdown and save families from destruction at the very hands of the lawyers Nicholson was pandering to. They love the adversarial system pitting one parent against the other with children as the prizes. It is a dysfunctional and utterly morally bankrupt method of child disposal. In 90% of court ordered cases the children become chattels of mom allowing control by mom of dad for the rest of his natural life if he doesn't commit suicide.

The comments made by the Minister were taken out of context and editorialized in the report by Mr. O’Neill on August 18th. Mr. Velacott’s private member’s bill on the issue of equal parenting, Bill C-422, is being reviewed, but the Government has not taken a position at this time.

Children require love, attention, a safe environment, and financial support. Most children want and need contact with both their parents, even after a divorce. For this reason, our Government supports a child-centred policy that encourages parents to exercise child-rearing responsibilities in a way that will promote their children’s best interests.

We believe that strong families are the foundation of our society and that the best interests of the child are paramount. Our Government is committed to promoting positive outcomes for the entire family during separation or divorce.

Thank you,

Pamela Stephens
Press Secretary / Attachée de presse
Office of the Minister of Justice / Cabinet du ministre de la Justice
and Attorney General of Canada / et procureur général du Canada
Tel/tél (613) 992-4621
Fax/tél (613) 990-7255
pamela.stephens@justice.gc.ca









The work of Fathers 4 Justice and the Pain of Fathers ~ Activism in the UK

Equal and Shared Parenting ~ The Movie