Adoption Record Appeal

November 9, 2007 permalink

John Dunn forwards a message from Marie Marchand announcing a hearing on and effort to get her adoption records. Supporters are invited to attend in Toronto on November 13 and 14. Appellate hearings are not very exciting, but this is an opportunity to show the party, and the court, your support.

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PLEASE SHOW YOUR SUPPORT IN TORONTO IF YOU CAN

NOV 13, 14 2007 10:00am

The appeal is on Tuesday and Wednesday at the Ontario Court of Appeal- the buildings on the corner of Queen and University. We start at 10 both days. The case is called Infant #10968 also known as D. Marie Marchand v. The Queen in Right of Ontario.

Peace,
DM

PRESS RELEASE - October 22, 2007

Adoptee/lawyer taking on government in Ontario Court of Appeal for open records.

D Marie Marchand, a lawyer and adoptee, will be acting in person arguing an appeal at the Ontario Court of Appeal, on November 13 and 14, 2007 at 10:00 A.M. - at the Queen/University court Complex.

Marchand has been a member of the bar since 1996. She states she feels like "David must have felt when facing Goliath". Like David, she says she has "God on her side but her slingshot is the Charter of Rights and Freedoms".

She will be fighting for open adoption records appealing the decision of Frank J. in Marchand v. Her Majesty the Queen, which found among other things that Marchand didn't have standing to be in her court because Marchand's records weren't sealed. As Marchand states: "This is ridiculous - how am I supposed to know my records are sealed or not when my records are sealed? The government had 23 years to tell me that, but instead they waited until the day the government was to respond to our Notice of Constitutional Question to do so! With this kind of behaviour and its approval by the courts, our right to even assert our constitutional rights is in jeopardy.

There's a 40 percent chance an adopted person's records aren't sealed, so we could face the possibility that nearly half the adopted people who'd be willing to come forward would have the same dilemma. The other thing is the Registrar General or the adoption agencies can use their discretion anytime to release even sealed records. Either way, the case, if handled like Frank J. handles it would always be thrown out of court".

Marchand has a two-fold battle on her hands: the government has not decided whether or not to appeal the Cheskes case which struck down the somewhat less than perfect open records legislation brought forward while in the middle of Marchand's case. They have delayed this decision until November 15, the day after Marchand's appeal is completed.

As a result, it appears the weight of both decisions will fall on Ms. Marchand's shoulders. In Marchand's words, "Why would the government bother to pay their lawyers to do the Cheskes appeal when I'm going to have to do it anyway?".

Marchand may be contacted at [ bigbear3 at sympatico.ca ]

The appeal is on Tuesday and Wednesday at the Ontario Court of Appeal- the buildings on the corner of Queen and University. We start at 10 both days. The case is called Infant #10968 also known as D. Marie Marchand v. The Queen in Right of Ontario.

Peace,
DM

Source: email from John Dunn