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Mother Strikes Back
August 11, 2009 permalink
Chris Carter supported a mother who appealed her case the the Child and Family Services Review Board (CFSRB) with some success. The board may be of some real use.
There are many forms of litigation besides family law in which one party is acting as a well-funded bully attacking defenseless victims. One effective way to defeat the bully is to bring the case to a point where the bully is compelled to answer awkward questions. Often this leads to dismissal of the case by the bully. The mother in today's story got CAS to default on answering questions, though lack of legal skill left her unable to get the case dismissed.
I came into contact with a local mother who was being maliciously prosecuted by the CAS RMW.
Fortunately her children were returned to her at a risk hearing a couple of months ago, subject to an eight month CAS RMW supervision order.
The mother is a true Canadian and, consequently, has a healthy and deep belief in our rights to certain civil liberties.
As such she decided to pursue some justice via a CFSRB hearing.
As usual the CAS RMW argued that the CFSRB, as per Legislative limitations, couldn't exercise its jurisdiction (the complained about issues were before the Court... very common CAS position... the CFSRB doesn't usual accept the CASs argument as legit and the oral hearings are conducted).
I was also able to attend her CFSRB hearing as her support person and, I'm proud to say, she comported herself impressively.
(I had to go to Court and get the terms of the Peace Bond I'm under re: my interaction with the CAS RMW and its workers amended...three amendments so far and counting and the Peace Bond was only signed Nov. 18/08...the other two amendments include:
- me being allowed to have direct contact with the CAS RMW and its workers at my own CFSRB hearing coming up...my second CFSRB Oral hearing against the CAS RMW
- me being allowed to have direct contact with the CAS RMW and its workers at [this is laughable] THE CAS RMW'S OWN "INTERNAL COMPLAINTS REVIEW PANEL". Neddless to say, I don't think that particular hearing will proceed.)
In fact she did so well that the CAS RMW pulled out of the proceedings — refused to produce its workers for cross-examination (completing "Summons to Witness" forms-docs. which would've compelled the CAS RMW workers to appear, serving them and doing up the Affidavit of Service was a little too much for the mom, for me, for anybody other than Lawyers so she had to let it go)
Source: email from Chris Carter, August 10, 2009