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Marina
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Postby Marina » Tue Jul 10, 2007 9:08 am

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Last edited by Marina on Wed Apr 23, 2008 7:24 pm, edited 4 times in total.

Marina
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Postby Marina » Tue Jul 10, 2007 9:12 am

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http://ca.news.yahoo.com/s/capress/0706 ... hallenge_1

Striking down adoption legislation will take more than privacy challenge: judge

Mon Jun 25, 7:24 PM

By Tobi Cohen

TORONTO (CP) - It will take more than an argument on privacy rights to convince a Supreme Court judge to strike down new provincial legislation aimed at unsealing adoption records, court heard Monday.


"I'm not ready to buy those three words: right to privacy," said Justice Edward Belobaba, who noted earlier that the lawyers mounting the constitutional challenge on behalf of three adoptees and a birth parent "have the tougher job."


While there's plenty of material from people who want disclosure, Belobaba said there is little information from the "hidden population" seeking to preserve their anonymity.


Outside the courthouse, Joy Cheskes - one of the adoptees behind the challenge - said that's not surprising


"We're at a disadvantage. We've got a group of people who want nothing more than to be out there versus a group of people that for a variety of reasons don't want to be out there," Cheskes said.


"It makes it extremely difficult for them to be able to come forward... There might be a minority of us but I do think it is a significant number and I do think (our) concerns are extremely valid."


Just before adjourning the first of three days of arguments, Belobaba said he wanted more information about some of the alternatives.


A disclosure veto like those adopted by several other provinces with similar legislation would be the "easy answer," noted lawyer Clayton Ruby.


Ruby said a substantial number of Alberta and British Columbia residents - three and five per cent respectively - have opted for disclosure vetos under similar legislation. He suggested the constitution exists to protect minorities.


"You've got people who were promised confidentiality and you've got some obligations to them," Ruby said, offering the hypothetical example of a 50-year-old Catholic matron who gave a child up for adoption when she was 15.


Outside the courthouse, former Ontario New Democrat Marilyn Churley, the "mother" of the bill who was reunited with a son she gave up for adoption, said many jurisdictions have scrapped veto disclosures after finding they weren't necessary.


She suggested other Canadian provinces that have included veto disclosures in their legislation did so to appease privacy commissioners who were pushing for it.


Under the new legislation, adoptees or birth parents can sign a no-contact order, but Ruby said it doesn't prevent those seeking them out to harass them through friends, relatives or employers.


The penalty for breaching such an order is weak, he added.


"You've got to lay a charge against your own flesh and blood," Ruby said.


Lawyers representing Ontario adoptees and birth parents who support the legislation argued there are adequate safeguards for those who wish to remain anonymous.


Janet Minor, a lawyer for the Ministry of the Attorney General, said people with legitimate physical or psychological fears about giving up their names under the new law can apply to a board for exemption.

But Ruby argued the very act of having to go before a board and share deeply personal information to justify remaining anonymous is a breach of that privacy.

Ruby also suggested the legislation is slanted in favour of those seeking the information in that the veto will only be granted under "exceptional circumstances." It means applicants will have to convince the board they would suffer serious physical, emotional or psychological harm should the information be disclosed.

For Denbigh Patton, another adoptee behind the challenge, it's a matter of principle.

"Every adopted person carries inside them all their lives the decision they know they might some day make about . . .allowing somebody to find them," Patton said.

"The government just told me that now, in my 40s as an adult, I don't have that decision to make anymore. . . . The information will be released at a time of someone else's choosing and I have no say in the matter."

Passed a year-and-a-half ago, the Adoption Information Disclosure Act is expected to take full effect this fall.

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Marina
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Postby Marina » Sat Nov 10, 2007 8:55 pm

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http://www.cbc.ca/canada/newfoundland-l ... ml?ref=rss

Review ordered of Labrador teen's case

Last Updated: Friday, November 9, 2007 | 7:41 AM NT
CBC News

Newfoundland and Labrador's health minister has ordered an independent review of how officials handled a controversial child welfare case in Labrador.

Provincial court Judge John Joy gave a stinging rebuke to Labrador's regional child welfare director in October over the case of a 14-year-old boy whose treatment in an RCMP lockup is already the subject of another review.

Health and Community Services Minister Ross Wiseman wants more information on the handling of a contentious child welfare case.
(CBC) The boy had been held at the lockup for eight days without being allowed to shower or see his mother, the court was told.

Joy also criticized Genevieve Corbin, the Labrador director of child, youth and family services, for her handling of the boy's case. In the year in which he was a ward of the province, the boy not only developed a criminal record but he was also convicted 28 times, mostly for breaking curfews.

Health and Community Services Minister Ross Wiseman wants to know more about what happened.

"I need to understand and fully understand what went on with this young boy while in the care of the director," Wiseman told CBC News.



"Not just recently, but in the whole case surrounding this young man, and what I've asked the health authority to do is to engage an independent review of that client's file."

Wiseman said it is not known how long the review will take.

In a court hearing in late October, Joy returned the boy to the custody of his father.

The RCMP has launched an internal review of the boy's treatment in the lockup at Happy Valley-Goose Bay.

Earlier this week, Justice Minister Jerome Kennedy described the boy's treatment in the RCMP lockup as

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Marina
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Postby Marina » Wed Apr 23, 2008 7:26 pm

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http://news.therecord.com/article/316690

Seized sextuplets weren't in danger, court told

VANCOUVER

Medical opinion, the government's duty to protect children, parental rights and freedom of religion are clashing in a B.C. courtroom over the seizure of four premature babies from a group of sextuplets.

The children were taken from their home last year and given blood transfusions, contrary to the beliefs of their Jehovah's Witness parents.

They've long since returned to their parents, but the mother and father want the B.C. Supreme Court to declare the seizure unconstitutional.

Justice Donald Brenner said yesterday that such applications often proceed in what is perceived as a life and death issue.

But Shane Brady, the lawyer for the parents, said the children were not in danger.

And because the parents weren't given the right to make that case in court before the children were taken away, Brady said the law allowing government to seize children should be declared unconstitutional.

"There was no medical emergency requiring blood transfusion,'' Brady told the court as he wrapped up his argument yesterday.

"The children's vital signs were within the acceptable range.''

The babies were extremely premature when born just over a year ago.

Doctors suggested the two boys and two girls who remained alive should have blood transfusions, but the parents refused because their religion prevents the taking of blood.

When the babies were just a few weeks old, the government took over their care in order for doctors to perform the blood transfusions.

Lawyers for the provincial government have said that saving the lives of the babies outweighed the rights of their parents.

To confuse the issue even more, doctors and medical experts can't agree on a threshold for when these very low birth weight babies should be transfused.

In the days before the babies were seized, their hemoglobin levels were between 80 and 88 grams per litre. Medical studies presented to the court said levels of hemoglobin, the iron-rich protein in red blood cells, aren't low until they dip into the 70s.

"You must ask the question if this was a medical emergency,'' Brady told the chief justice. "The answer is no.''

B.C., New Brunswick, Northwest Territories and Nunavut are the only jurisdictions in Canada to allow the government to seize children without a hearing. Brady wants the court to rule that it is unconstitutional to do so.

"Before you can authorize medical treatment there must be a fair hearing,'' he stated.

The government lawyers had argued even if death wasn't imminent, the children could be harmed physically or mentally without the treatment.

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Marina
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Postby Marina » Wed May 14, 2008 3:56 pm

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http://ca.news.yahoo.com/s/capress/0805 ... t_debate_5

Judge restores custody to parents of boy, 11, who fought chemotherapy


Tue May 13, 5:04 PM


By Michael Oliveira


HAMILTON - An 11-year-old Hamilton boy who underwent chemotherapy against his wishes will be returned to his parents' custody after they agreed Tuesday to allow the Children's Aid Society to make medical decisions for the child.


The agreement means the boy, who has leukemia, can return home when he's released from hospital instead of being placed in foster care.


The boy's father and stepmother lost custody to the CAS when they tried to refuse any further chemotherapy treatments, as the boy had requested.


But medical officials insisted that he needed the treatment and said the boy wasn't capable of making his own life and death decisions.


Although the agreement sees the CAS maintain the power to make medical decisions on the boy's behalf, the parents are also being granted access to second and third opinions from experts to hear what the conventional and alternative medical communities have to say about the boy's prognosis.


"Right now we had to play by their fiddle and that's fine," the boy's father, who cannot be identified, said outside court.


But the father said he still hopes to find some expert opinion that will recommend an alternative treatment instead of 22 months of chemotherapy.


The boy was diagnosed with acute lymphoblastic leukemia when he was seven. After enduring his first tough experiences with chemotherapy his cancer went into remission, but returned earlier this year.


When told last week that he'd need to undergo more chemo he refused and his father decided they would try some alternative therapies.


The father lost custody after medical officials said the boy would have only six months to live without chemotherapy and insisted that he have another round of treatment. Even chemo gave no guarantees of making the boy cancer free - the odds of complete remission were set at 50-50.


The agreement will also see that the boy is shielded from the media and from the details of the case so he can heal without being stressed by the legal battle.


Media will not be allowed to interview the boy nor should they disseminate any quotes on his behalf.


"The bottom line is this is still a child, a child who has rights, who has feelings, who has vulnerabilities," said Superior Court Justice Alex Paparazzi.


"It occurs to me this child is going through so much".


The boy hopes to finish writing a story called Walking in Faith before he gets too sick so he can share his story with other sick kids, his father said.


"It's all about his cancer journey that he's had because he wants other families and other children to know what he's been going through and how his faith has taken him this far," he said.


"At least he'll know that his voice got out and maybe it'll help some other family have courage and faith to fight and go on and go on."

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Marina
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Postby Marina » Sat Jun 14, 2008 6:34 am

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http://www.winnipegfreepress.com/local/ ... 4914c.html

Alleged neo-Nazi may get kids

CFS bases decision on recent separation from supremacist husband

By: Mike McIntyre and Gabrielle Giroday

Updated: June 11 at 12:55 AM CDT

Print Article E-mail Article Child and Family Services is prepared to return two young children to their Winnipeg mother -- an alleged neo-Nazi -- and drop their bid for permanent custody, the Free Press has learned.

The deal would involve having the seven-year-old girl and two-year-old boy slowly integrated back into the home, first on weekends and eventually back to full-time care, and could bring a sudden resolution to a unique case that has made international headlines.

The development came after the mother -- who can't be named to protect the identity of the children -- recently separated from her husband of three years. The man is an admitted white supremacist who was caring for his stepdaughter and son while his wife worked full-time.

"He's a bigot. And I have no tolerance for bigotry or ignorance," the woman told the Free Press in an interview Tuesday.

Calling herself a "white nationalist... but not a neo-Nazi skinhead", the woman said she will abide by whatever conditions CFS wishes in order to regain custody of her children. The custody case is currently before the courts and will next appear on June 23.


The Free Press obtained copies Tuesday of a CFS case summary, which details why police and child welfare officials got involved. They were called to a St. Vital-area elementary school on March 25 after the girl showed up at school with disturbing markings on her body.

"There were symbols written and drawn on (the girl's) arms and one leg in permanent red and blue marker pens," the summary states. The markings included a Swastika symbol on her arm.

Police and CFS quickly went to the family's apartment on Dakota Street and seized her two-year-old brother. While inside, police found "indication of the parents' neo-Nazi, white supremacist beliefs," the report states.

Other concerns included the fact the little girl had missed 39 days of school this year. She told authorities that's because her parents sleep in and don't want to get her ready or take her. There were also expressed concerns about alcohol and drug use in the home.

"She seems to be aware that her parents' beliefs are not held by others."

The children were seized based on a belief by CFS that "the children may be at risk due to the parents' behaviour and associates. The parents might endanger the emotional well-being of the children," court documents say.

They are now under CFS control but residing with their aunt and grandmother, the mother said Tuesday.

The Free Press has also obtained a series of recent postings made on two websites -- www.winnipegpunks.com and www.resistance.com -- which purport to be from the two parents and includes a picture of the couple standing in front of a Nazi flag, with the man raising his arm in salute.

The mother said Tuesday the postings attributed to her estranged husband under the name of "Stage 88" were made by him. She claimed to have no memory of the ones attributed to her under the name "Aryanprincess1488."

In them, the woman speaks of posting "White Pride" posters, uses racial slurs to describe black people and makes derogatory comments about aboriginals.

"(The children) goose-step all the time. It really is adorable, it's more fun when we're in the mall and I do it, too," she wrote.

Her husband claims he has "dedicated my entire life to being a skinhead" and vows to never change.

"I will raise my children the same way I was raised and will teach them the importance of standing their ground, of not being afraid to speak the truth to others, to not be afraid of getting detention, but most of all to honour themselves, their family, their faith and our folk," he wrote.

The biological father of the girl is a 62-year-old Winnipeg bar owner who hasn't seen his daughter for five years. Though he's not seeking custody, he vows to fight to ensure the girl is raised in a safe environment.

He met with the Free Press Tuesday and fears his daughter was turned into a "billboard" for the parents to express their racist views.

"They're going to try and make this a big issue," he said.

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Marina
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Postby Marina » Thu Jun 19, 2008 7:19 pm

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http://www.thebarrieexaminer.com/Articl ... ?e=1079397

CAS closes psychic case
Mom of autistic girl helped Children's Aid days before probe

Posted By BY DON PEAT, SUN MEDIA
Posted 16 hours ago


Two days before the Children's Aid Society swooped in on a Barrie dental hygienist and her autistic daughter -- based partly on a psychic's prediction -- the mom performed free dental care on two orphaned boys in the society's care.

Colleen Leduc is still demanding an apology from the Simcoe County District School Board for calling the Simcoe County Children's Aid Society to investigate after her daughter Victoria's educational assistant went to a psychic that told her a youngster who's name started with the letter "V" was being sexually abused.

That, coupled with Victoria displaying behaviour considered typical among non-verbal children with severe autism, pushed school staff to haul Leduc into a meeting May 30 where she was informed they had notified CAS. Ironically, just two days before the investigation began, Leduc had donated her time to perform dental care for two orphans in CAS care.

"I was devastated," Leduc said yesterday. "It's completely unprofessional that (the school) took the word of a psychic."

A CAS spokesman said the investigation had been closed yesterday morning. And school board staff were tight lipped yesterday when it came to providing details. Board officials, instead, issued a press release repeating their position all suspected abuse must be reported.

But Children and Youth Services Minister Deb Matthews said the CAS has to keep the interest of the child front and centre.

"We will always err on the side of protecting kids," Matthews said. "The professionals that deal with these issues do their job, use their judgement and the interest of the kids is always going to be No. 1."

Matthews stressed she couldn't comment on any specific case, but said teachers have a responsibility to report.

"Adults that work with children we need them to use their best judgement all the time," she said.

Although the CAS investigation is over, officials must keep all records of the case on file.

And what about physical signs of alleged abuse that staff thought they saw?


"She's entering adolescence, her body is changing, therefore, she's discovering it; these children with autism -- unless they're taught -- they have no inhibitions," Leduc said. "They've taken all of those behaviours and created a list -- in combination with the psychic's theory -- they've created this theory that she's being abused."

When Leduc asked how many of the other students in the class were showing these signs, school officials told her, all of them did "all the time." She asked what's different about Victoria and was told, "There's this psychic piece."

"That would seem to be very weak information to start an investigation on,"saidDr. GlennRamptonof Kerry's Place, an autism support agency. "Parents with autism have enough to be stressed about ... the whole thing sounds very unfortunate."

Progressive Conservative MPP Julia Munro, who represents the riding of York-Simcoe, called the signs in this particular case "questionable."

"It seems like a rather strange set of circumstances," said the children and youth services critic. "Is someone who offers psychic interpretation part of a referral list?"

Barrie shaman spiritualist Tamare White-Wolf said the parent should have been contacted by the school first.

"We can't blame the psychic," White- Wolf said. "A psychic that gives that kind of information is obviously trying to help the child."

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http://ca.news.yahoo.com/s/capress/0806 ... _psychic_1

Psychic's claim of abused child has Barrie, Ont., mom demanding apology

Tue Jun 17, 4:03 PM



BARRIE, Ont. - A mother from Barrie, Ont., is demanding an apology after the Children's Aid Society launched an investigation into sexual abuse allegations that came from a psychic.


Colleen Leduc says her daughter Victoria's teaching assistant visited a psychic who asked if she taught a girl whose name started with the letter "V."


The psychic then went on to tell her that the 11-year-old, who is autistic and non-verbal, was being abused by a young man.


The assistant told school officials who in turn called in the Children's Aid Society.


Leduc says a Children's Aid official visited her home but closed the file and called the report "ridiculous."


Under the Child and Family Services Act, anyone who works with children and has reasonable grounds to suspect a youngster is being harmed must report it immediately - and the CAS has an obligation to follow up.


The school board plans to launch its own investigation into the incident.


Leduc is now seeking legal advice and says she's pulled her daughter out of school and is off work so she can take care of her.

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Last edited by Marina on Thu Jun 19, 2008 8:04 pm, edited 1 time in total.

Marina
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Postby Marina » Thu Jun 19, 2008 7:30 pm

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http://www.canada.com/montrealgazette/n ... 27d8603cfa

Canadian Olympian to challenge kidnapping sentence
Canwest News Service
Published: Friday, June 13


QUEBEC - Former Olympian Myriam Bedard will be back in court July 31 to find out if she can appeal her sentence and guilty verdict for child abduction.

Bedard's lawyer John Pepper was set to present his arguments Friday, but the hearing had to be put off because the Crown prosecutor was ill.

Both the defence and Crown are appealing the two years probation given to the ex-athlete.


Pepper said Friday both sides have agreed not to oppose each other's motion.

"We agreed that we should both be heard on the sentence and that a request to appeal that sentence should be granted," Pepper said Friday.

Bedard's lawyer also filed a motion to appeal the guilty verdict and that will be debated at the July 31 hearing.

Bedard was not present Friday. Her lawyer said she is taking accounting classes in Montreal.

A jury found Bedard guilty in September of taking her then 11-year-old daughter to the United States for nearly three months without her father's consent.

That amounted to child abduction because it was in violation of a custody agreement with her former husband.

Competing for Canada, Bedard won two gold medals in biathlon at the 1994 Winter Olympics.

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