Monday, December 24, 2012

Protocol on the Use of Electronic Devices in the Courtroom


Additional Information added to previous post.......


Protocol on the Use of Electronic Devices in the Courtroom

1. Purpose

This protocol outlines how electronic devices may be used in courtrooms of the Superior Court of Justice (Ontario) by counsel, licensed paralegals, law students and law clerks assisting counsel, self-represented litigants, and media or journalists.
Note: This protocol does not apply to persons who require electronic devices (or services requiring the use of electronic devices) to accommodate a disability.

2. Definitions

Electronic Devices:
For the purposes of this protocol, “electronic devices” include all forms of computers, personal electronic and digital devices, and mobile, cellular, and smart phones.
Publicly Accessible Live Communications: For the purposes of this protocol, “publicly accessible live communications” are defined as the act of using an electronic device to transmit information from the courtroom to a publicly accessible medium (e.g., via Twitter or live blogs).
Judge:
For the purpose of this protocol, “judge” means
(1) all judges, traditional masters, and case management masters of the Superior Court of Justice, and
(2) provincial judges and deputy judges of the Small Claims Court.

3. Prohibited Use of Electronic Devices by the Public

Members of the public are not permitted to use electronic devices in the courtroom unless the presiding judge orders otherwise.


http://www.ontariocourts.ca/scj/en/notices/protocols/

Friday, December 21, 2012

Ontario gets court tweeting rules

Ontario's Superior Court has established a policy on tweeting in court, paving the way for journalists and lawyers to use electronic devices, but banning members of the public from doing so.

My Question is what is a self represented person classified as? 

http://www.cbc.ca/news/canada/toronto/story/2012/12/20/toronto-court-tweeting.html

Sunday, December 9, 2012

A Father's Rights

http://www.a-fathers-rights-movie.com/
A Father's Rights is the disturbing real-life account of one man's struggle against a skewed legal system that allows him no rights to his own daughter, and his efforts to protect her from abuse. Based on a true story and filmed in Dickson, TN.
Starring: Robbie Davis, Christian Pitre, Ed Bruce, Jan Carlson, Deborah Allen and Mark Collie.y Davis, Kare

Tuesday, October 9, 2012

Family Court Judges....Burnout


Colleagues near burnout, warns retiring judge 

Family Branch should be expanded, more judges needed in Toronto and Ottawa, says Cunningham




Family Court Judges....Burnout

Saturday, October 6, 2012

McAlister v. Gallant. 2012 ONCJ 565



The parties had lived together in a common law relationship for about two years. They had a child who was about to enter school.
Proceedings for custody had been commenced by the mother in the Ontario Court of Justice in 2009. Those proceedings were adjourned, however, so the parties could enter mediation.
In 2011, they entered into a typical mediation/arbitration agreement under which L.C. was appointed to mediate their parenting issues. If mediation was unsuccessful, L.C. would arbitrate any parenting issues that remained in dispute.
As the mediation continued, the father grew disenchanted with the process and the mediator. Ultimately, he accused L.C. of bias and refused to participate further. L.C. acknowledged his accusation and suggested that “…a referral to another arbitrator would be appropriate”.
Over the summer of 2012, a dispute arose as to where the child should attend school in the fall. The father wanted the child to continue at a Montessori school where she had attended in the 2011-2012 school term. The mother wanted to enroll the child in a public school.
L.C. declared an impasse in mediation and informed the parties that she would arbitrate the school issue. She set out specific timelines for written submissions. The mother made submissions. The father did not. Through counsel, he informed L.C. that he was going to attempt to have her removed as arbitrator. 
L.C. delivered a decision on the school placement issue on August 28, 2012, deciding that the child should be enrolled in the public school system.
The husband moved, in the existing Ontario Court of Justice application for various heads of relief:................(more)        


http://www.familylawlectures.ca/article/mcalister-v-gallant-2012-oncj-565.html

Friday, August 31, 2012

His constitutional arguments against the validity of the law were rejected by two levels of Ontario courts, and leave to appeal to the Supreme Court of Canada was denied.

His constitutional arguments against the validity of the law were rejected by two levels of Ontario courts, and leave to appeal to the Supreme Court of Canada was denied.

TheSpec.com

The system again tries to crush & destroy another.

Saturday, July 28, 2012

Wednesday, July 18, 2012

More corruption, This Lawyer is no longer in the "boys club" so it would appear unprotected

Father's Facebook manifesto preceded fire that killed 3 in Warwick


Man feared he would lose custody of children



http://www.canada.com/technology/Father+Facebook+manifesto+preceded+fire+that+killed+Warwick/6910081/story.html

“For fathers, it’s official: If you don’t take justice into your own hands, you’ll never have justice,” he wrote in a lengthy posting on his Facebook page, in which his profile picture showed him embracing his children.



In his Facebook post, Marcoux vented his frustrations about the “lies,” “blind judges,” and “corrupt lawyers.”
“I swear by my heart of a father,” he railed in one of a number of chilling passages, “that my children will never be mistreated ever again, not even with the blessing of a hypocrite judge.”

Wednesday, July 11, 2012

DEAD BEAT DAD? NOT AT ALL. BEAT DAD DEAD? ABSOLUTELY!


DEAD BEAT DAD? NOT AT ALL. BEAT DAD DEAD? ABSOLUTELY!
http://www.thestar.com/news/gta/article/1220096--deadbeat-dad-flees-to-philippines-leaving-four-kids-without-support
FATHER FLEES UNSURVIVABLE CANADA FOREVER TO SURVIVE IN THE PHILIPPINES!

Our very broken, egregiously malicious Family Court System is destroying families, with unscrupulous Family Lawyers reaping the reward by taking money from families that would otherwise be spent on children.

As some of you know, my communications cables were severed and I have been cut off from phone and internet for nearly a week as some 30 meters of cable had to be replaced across an entire street. This story was brought to my attention by the prominent criminal lawyer, Walter Fox, who I ran into at the Newmarket Courthouse today while assisting a colleague in a civil matter.

Mr. Fox brought to my attention a Toronto Star story and the fact that some 600 comments mostly condemned the mother and supported the actions of the father to flee, who saw no viable hope to sustain a meaningful life in Canada as a consequence of financial orders brought against him by Family Court and the FRO (Family Responsibility Office), a collection agency of spousal and child support. Child support is a disguised spousal support as the money received for the children is rarely all spent on the children as it is supposed to including the Canadian Child Tax Benefit money primarily entitled to and controlled by mothers over fathers. Custodial fathers are expected to seek written permission from mothers to receive the CCTB funds. This violates the Canadian Charter that forbids sexual discrimination.

In conclusion I say that as over 50% of families are broken, there should be NO question as to why our youth are bitterly angry having devastating life altering effects with scars that will carry to the ends of their lives. We have the wondrous workings of the feminist ideology that falsely empowers women to shatter homes with a lure of false security of controlling assets, matrimonial homes and the reward of spousal and child support for life. Sometimes this strategy will NOT work as the male is expected to finance two separate homes, instead of one. Consequently, 8 men will commit suicide in Canada each and every day as they are driven out of their minds by the ravages of family break up and the vicious effects of Family Court and FRO. So you may drive your husband to death or to exile when your greedy expectations go out of control.

I commend what this father did and condemn our Family Court that has fathers driven to death or to exile, as in this case. Fathers should choose life over death. Nobody can deny a choice of life. "Well done Einstein!" Brilliantly stated Mr. Mills! Sadly, the lawyers have been paid and another family will lose everything as I doubt she will be financially responsible or capable of managing or coping, especially if she refuses to contribute by not working. Now Ms. Mills you may enjoy the rewards of your actions, that have been pathetic. Sadly the children are the ones who will suffer the most not you!

Thursday, June 7, 2012

How to repair the toxic legacy of a bad mother


How to repair the toxic legacy of a bad mother

A book by a leading psychologist reveals how victims of mothers who were domineering, angry or just plain cold can turn the pain they suffered to their advantage



Read more: http://www.dailymail.co.uk/femail/article-2155524/How-repair-toxic-legacy-bad-mother.html#ixzz1x911vFe9


http://www.dailymail.co.uk/femail/article-2155524/How-repair-toxic-legacy-bad-mother.html

Tuesday, May 22, 2012

Price of self-representation weighs on courts

http://www.theglobeandmail.com/news/national/price-of-self-representation-weighs-on-courts/article2437747/


Price of self-representation weighs on courts


One judge who was surveyed for the study went so far as to recommend banning self-represented litigants from the courtroom. He compared the practice to allowing hospital patients into an operating room to perform surgery on themselves.

Tuesday, April 24, 2012

CANADA’ S SHAMEFUL FAMILY COURT SECRET

http://www.lfpress.com/comment/letters/home.html?p=50311&x=letters&l_publish_date&s_publish_date&s_keywords&s_topic&s_letter_type=Letter+to+Editor&s_letter_status=Active&s=letters 

CANADA’ S SHAMEFUL FAMILY COURT SECRET
Ontario Chief Justice Warren Winkler has been advocating for changes to our "dysfunctional" family law system for several years now, with his proposal for; free court based mandatory mediation for family law litigants just to fall on death ears.

Justice Winkler has declared that Ontario Family Courts are in a "state of crisis" and "dysfunctional". 

Tuesday, April 17, 2012

Outside of Family Court, False Claim of DV Considered Perjury

We see false claims of domestic violence in family courts every day. For decades now, attorneys in family courts have been telling us that claims of domestic violence are routinely made to gain an advantage in custody cases. That’s another way of saying that many of those claims are made up. But of course, those claims will continue to be made for the good and sufficient reason that they work. They achieve the desired result – separate the other parent (almost invariably the father) from the child. Once that’s accomplished with a temporary order, it becomes much easier to make sole maternal custody permanent. After all, the child hasn’t seen his/her father since the start of the divorce action, so why change that when the permanent orders are made?

But what’s always amazed me and countless other observers of family courts is the utter failure of family court judges to care that they’re being lied to. As routine as those false claims of domestic abuse are, they’d be squelched in an instant if judges started using the powers they’ve always had to punish perjurers. The fact that they don’t is one of the many disgraces that hang around the neck of family law in this country like scarlett letters.

Family courts told by a 13 year old Girl

Monday, April 9, 2012

Examining child custody issues in Canada: Part Two Read it on Global News: Global Edmonton | Examining child custody issues in Canada: Part Two

The family court system's separation of a child and parent after a divorce can sometimes have devastating consequences.

Read it on Global News: Global Edmonton | Examining child custody issues in Canada: Part Two

Examining child custody issues in Canada: Part One Read it on Global News: Global Edmonton | Examining child custody issues in Canada: Part One

One in four Canadian marriages end in divorce, and many of those breakups are not amicable - especially when children are involved. Things can get even more messy if parents can't agree on the issue of custody. In those cases, it's up to a judge to decide an arrangement based on "the best interests of the child." And in Canada, that typically has meant awarding one parent with primary care.

The latest data from the Department of Justice shows mothers receive sole custody in 77 percent of cases, while fathers get it in only 9 percent of the time.


Read it on Global News: Global Edmonton | Examining child custody issues in Canada: Part One

Monday, March 19, 2012

Canadians for Family Law Reform protesting against family lawyers

Canadians for Family Law Reform, an organization that describes itself as a watchdog over family court matters, picketed outside the Sarnia courthouse late last month and has sparked controversy by protesting against local family lawyers.

Friday, March 16, 2012

"Doing what men have always done - protecting their Families, Faith and Freedom"

The notion of 'equality' within the Family is in urgent need of public debate. Within society as a whole citizens have the right to be treated equitably. However certain organisations and institutions necessarily require a hierarchical structure for their efficient and safe operation. These include the management of a business, the administration of a government, the running of a football team or the command of a crew on board a ship...........

Wednesday, March 14, 2012

Limits on Questioning in Family Law Cases; Unrepresented Parties Take Note

Limits on Questioning in Family Law Cases; Unrepresented Parties Take Note

The Ontario Superior Court of Justice has recently released a decision outlining limits on Orders under the Family Law Rules allowing the questioning of one party by the other. The decision is particularly noteworthy because it serves as a cautionary tale for those parties to a family law dispute who are self-represented.

Under the Family Law Rules, the court can make such an Order to allow a person (whether a party to the litigation or not) to be questioned by a party in certain circumstances, namely where:

1) it would be unfair to the party making the request to have to carry on with the case without it;

2) the information is not easily available by any other method;

3) the questioning will not cause an unacceptable delay or undue expense.

Fairness in Your Divorce: Court Compared to Collaborative

Fairness in Your Divorce: Court Compared to Collaborative

Tuesday, March 13, 2012

Recording Your Own Court Hearing

A parent’s self help guide
A guide to recording your
own court hearing

To survive the gauntlet of the legal and law enforcement
system and to do your part to help make the system
more accountable, the first thing you need to
understand is what the criminal, family courts and the
child welfare protection system is all about!

In recent years there have been a growing number of complaints from those attending courts about
the lies, deceptions cover-ups and unlawful activities that are going on in family courts and inside
court buildings. It is well recognized by many Canadians, including high ranking Canadian
authorities and even some judges, that perjury in family court is rampant and that this crime often
goes unpunished in family court. Ontario Justice, Mary Lou Benotto, once stated this before a
public audience attending the Advocates Society conference..........(more)

Monday, March 12, 2012

Law Society search power challenged

A Toronto family lawyer facing disciplinary proceedings is challenging the Law Society of Upper Canada’s investigative powers, arguing that they violate the Charter of Rights.

Thursday, March 8, 2012

family-law-arbitration-will-it-work-for-you

Will only work when both parties are reasonable. Will not work if either party is vindictive and out to destroy the other for personal gain

Thursday, February 23, 2012

Law Commission of Ontario draft recommendations promote changes to make Ontario’s fragmented family justice system more consistent and accessible

http://e2.ma/webview/3n7k/d343f40e09b4c40be2b2f4f45ccc2585
Law Commission of Ontario draft recommendations promote changes to make Ontario’s fragmented family justice system more consistent and accessible

Wednesday, February 8, 2012

sweeping publication bans

http://www.lawyersweekly.ca/index.php?section=article&volume=31&number=37&article=1

Monday, January 30, 2012

RecordingYourOwnCourtHearing.pdf

Canadians For Family Law Reform
Bob Law
Lots of talk about recording your own hearing... see below ... can be photocopied for approx $8 at Kwik Kopy ...just send them the link ...well worth the investment! http://www.canadacourtwatch.com/legal_documents/Article-RecordingYourOwnCourtHearing.pdf

Saturday, January 28, 2012

Rule 4 : Representation

RULE 4: REPRESENTATION

REPRESENTATION FOR A PARTY

4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).
PRIVATE REPRESENTATION OF SPECIAL PARTY

(2) The court may authorize a person to represent a special party if the person is,
(a) appropriate for the task; and
(b) willing to act as representative. O. Reg. 114/99, r. 4 (2).
PUBLIC LAW OFFICER TO REPRESENT SPECIAL PARTY

(3) If there is no appropriate person willing to act as a special party’s representative, the court may authorize the Children’s Lawyer or the Public Guardian and Trustee to act as representative, but only with that official’s consent. O. Reg. 114/99, r. 4 (3).
SERVICE OF AUTHORIZATION TO REPRESENT

(4) An order under subrule (2) or (3) shall be served immediately, by the person who asked for the order or by any other person named by the court,
(a) on the representative; and
(b) on every party in the case. O. Reg. 114/99, r. 4 (4).
REPRESENTATION OF PARTY WHO DIES

(5) If a party dies after the start of a case, the court may make the estate trustee a party instead, on motion without notice. O. Reg. 114/99, r. 4 (5).
AUTHORIZING REPRESENTATIVE FOR PARTY WHO DIES

(6) If the party has no estate trustee, the court may authorize an appropriate person to act as representative, with that person’s consent, given in advance. O. Reg. 114/99, r. 4 (6).
LAWYER FOR CHILD

(7) In a case that involves a child who is not a party, the court may authorize a lawyer to represent the child, and then the child has the rights of a party, unless the court orders otherwise. O. Reg. 114/99, r. 4 (7).
CHILD’S RIGHTS SUBJECT TO STATUTE

(8) Subrule (7) is subject to section 38 (legal representation of child, protection hearing) and subsection 114 (6) (legal representation of child, secure treatment hearing) of the Child and Family Services Act. O. Reg. 114/99, r. 4 (8).
CHOICE OF LAWYER

(9) A party appearing without a lawyer may choose a lawyer by,
(a) serving on every other party and filing a notice of change in representation (Form 4) containing the lawyer’s consent to act; or
(b) having a lawyer come to court on the party’s behalf. O. Reg. 114/99, r. 4 (9).
CHANGE IN REPRESENTATION

(10) Except as subrule (10.1) provides, a party represented by a lawyer may, by serving on every other party and filing a notice of change in representation (Form 4),
(a) change lawyers; or
(b) appear without a lawyer. O. Reg. 91/03, s. 1.
EXCEPTION, CHILD PROTECTION CASE SCHEDULED FOR TRIAL

(10.1) In a child protection case that has been scheduled for trial or placed on a trial list, a party may act under clause (10) (b) only with the court’s permission, obtained in advance by motion made with notice. O. Reg. 91/03, s. 1.
NOTICE OF CHANGE IN REPRESENTATION

(11) A notice of change in representation shall,
(a) contain the party’s address for service, if the party wants to appear without a lawyer; or
(b) show the name and address of the new lawyer, if the party wants to change lawyers. O. Reg. 114/99, r. 4 (11).
LAWYER’S REMOVAL FROM THE CASE

(12) A lawyer may make a motion for an order to be removed from the case, with notice to the client and to,
(a) the Children’s Lawyer, if the client is a child;
(b) the Public Guardian and Trustee, if the client is or appears to be mentally incapable in respect of an issue in the case. O. Reg. 114/99, r. 4 (12).
NOTICE OF MOTION TO REMOVE LAWYER

(13) Notice of a motion to remove a lawyer shall also be served on the other parties to the case, but the evidence in support of the motion shall not be served on them, shall not be put into the continuing record and shall not be kept in the court file after the motion is heard. O. Reg. 114/99, r. 4 (13).
AFFIDAVIT IN SUPPORT OF MOTION TO REMOVE LAWYER

(14) The affidavit in support of the motion shall indicate what stage the case is at, the next event in the case and any scheduled dates. O. Reg. 114/99, r. 4 (14).
CONTENTS AND SERVICE OF ORDER REMOVING LAWYER

(15) The order removing the lawyer from the case shall,
(a) set out the client’s last known address for service; and
(b) be served on all other parties, served on the client by mail, fax or electronic mail at the client’s last known address and filed immediately. O. Reg. 114/99, r. 4 (15).

Sunday, January 1, 2012

Canadians for Family Law Reform

Are you caught in the web of the Family Court legal system? Are you going through "the system" with no apparent end in sight? Are you frustrated that a simple solution is far beyond your reach? Are you just sick and tired of the way the Family Law legal system is being played out with your case. If any of these questions apply to you, then our group may be what you need.


We are a group of individuals consisting of both men and women who have had dealings within the Family Law legal system. We are individuals who became discouraged with the system because of what appeared to be simple matters were actually taking years in court to be dealt with and finalized. The time spend taking vicious tolls on people not only emotionally, but financially as well. With that we became a support group as well as a watchdog group.

We believe there is a system in place that is supposed to be beneficial for parents and children, however the system isn’t working and is creating extreme hardships for all those involved.

Currently with the way that the system is being administered, with some cases it is costing exuberant amounts of money, taking years to be dealt with in court and bringing out the worst by sometimes fabricating the truths pitting one parent against the other.

When all is finally resolved, the true issues, which is mainly division of assets and debts, child custody and access, and support seems to have been put on the backburner rather than being the highlights of the matters at hand.

Because cases are taking years to be dealth with, it is our opinion, being caught within the system, the innocent children are reaping the negative effects.

Our Goals

Is to put major pressures on Premier Dalton McGuinty and the Attorney General who introduced changes that were and are suppose to be beneficial to the parties involved. However it appears that those changes have not been implemented and it appears to be reluctance with introducing these changes.

We want to see the Family Law legal system simplified for parties who can vary Orders without having to go through lengthy and costly court proceedings.

We want to see the Law Society enforcing the Code of Ethics if and when lawyers inadvertently and blatantly show disregard for following the Rules.

We believe that although the clients are signing the documents, namely Affidavits, we believe that sometimes at the advice of his or her council, the client may not want to sign, but believes that he or she is left with no alternative as the court system is a system that is completely unfamiliar and too complex for the client.

We want to see the Family Law legal system as a more fair and reasonable system that would reflect how parents would contribute to their children as if the family system had not broken down.

Our Objectives

We want to see changes that are beneficial to the people who are dealing with matters within the Family Law legal system.

We want to make sure that the Attorney General’s introduction of Family Law Reform in Ontario Backgrounder is implemented and applied in the court systems within Ontario which would improve the family law justice system to make it faster, more affordable and less confrontational.

We want to make sure that lawyers who claim that “they appreciate the opportunity to work with government to improve the justice system” actually do adhere to their quotes.

We want lawyers to be held accountable who unnecessarily prolong court cases in order to line his or her own pocket book as opposed to doing what is in the best interest of the family once there is a breakdown between couples.

We want to make sure that each time a client attends a lawyer’s office, it is documented exactly what the issues are, how they will be dealt with, what will be the costs to the client, what is the time frame in which it will take to resolve the matter, what costs will be incurred by the client, and other alternatives, time allowances and costs available.

We want to see the Law Society of Upper Canada holding solicitor’s accountable when the Code of Ethics has been blatantly ignored and financially penalized for his or her own wrongdoing.

We want to see the government acting accordingly if in fact it is determined that the Rules and/or Backgrounder information is not being followed.

We want to make sure that trust is rebuilt within the legal system and fairness is given to all parties. It is a known fact that the public has heard from Judges, Lawyers and Individuals (add footnotes) asserting his or her disgust with the way some solicitors promote him or herself whether in the courtroom or outside of the courtroom to where comments of unnecessary proceedings are being heard in a courtroom that could have easily been heard and resolved outside of the courtroom saving valuable time and monies not only for the justice system to where it is administered and heard, but for the clients as well.