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CFSM - “Citizens for Social
Morality”
January 11, 2005
RE: Standing Senate Committee on Human Rights/
Interim Report 11/05 TO: The Honourable Raynell Andreychuk and Landon
Pearson
Before I/we, get into the specific relevance of this report, I
must be openly honest, in that I did not read the entire document.
But let me qualify this remark in saying, that I have become rather
astute, at recognizing keywords in my readings and can probably
offer a well founded opinion, based on my “overall”
viewing of this report. Having said that, I was first apprised of
a certain proposed “kids-rights monitor” via an E-mail
from Dr. Sicheri. From there, she further made available to myself,
an article she had published, entitled The Family at Risk. Those
thought provoking viewpoints were well grounded and meaningful.
As a result, I sent an E-mail to Senator Andreychuk, which raised
our concerns, opinions and as well, some specific guidance, as to
the current quid pro quo of Canadian child protection.
The response I received, was, well a bit unusual. Beginning with
a commentary, “with some very serious allegations against
the child protection system in Canada” and followed by an
analogous jurisdictional disclaimer of sorts, by stating “you
are no doubt aware that child protection in Canada is a provincial
matter”. Now Senators, I may not be the sharpest tack in the
box, but in my opinion, these sorts or kinds of answers, only reject
with ambivalence, any acceptance of guilt by association and having
said that, I can only wonder, why then have you bothered an attempt,
at reconciling this problem? What is the motive or rational explication
in these initiatives? Or are we to just simply believe, carte blanche,
these socially unacceptable attitudes and in a quantum reversal,
as to both societal and humanitarian norms. Bearing in mind, that
page “ten” refers to where provincial laws and policies
are affected is a shared responsibility of the federal, provincial
and territorial governments” and “no matter what jurisdictional
hurdles are entrenched in the constitution.” Therefore and
within the parameters of, exploring two diametric statements, prima
facie, and in lieu of tendering some defendable posture or is it
merely a federal rendition, of that pesky little “purview”
argument. Meaning, that if you wish to appear both transparent and
front and center on the issue of “childs rights”, you
need seek a common ground. Since you can not have it both ways.
Accordingly and as such, the analytical premise of this report,
circumvents the central issue and therefore misconstrues any factual
reality, as to pertinent and approximate cause and effect.
Mr. P. Martin, the Prime Minister, suggests in this condescending
reverence to the issue, in his A Canada Fit for Children expose
and as follows. “Upholding the rights, the innocence and the
promise of our children’‘’‘’‘.
I mean, really and what is his basis for sharing this. Does he so
presume, we, Dolores, Tracy and myself, to be from another planet?
As I unequivocally suggest, that in our particular cases, our “rights”
were not upheld and no one in Ottawa, cared whatsoever about “innocence”.
And there were no “promises”. Well, actually there were,
kind of and more along these lines. We the government of Canada
promise, “while you may be assured that careful consideration
has been given to the situation you have described, the matter you
have raised does not fall within the jurisdiction of federal government”
and “I regret that I am unable to provide you with a more
favorable response”. While, not once, twice, but on three
occasions, this administration was so advised, as to these absolute
and unlawful “gestapo-like” actions, on the part of
this provincial surrogate of Ontario, the CAS. Only in our actions,
as is the case in “all” child protection cases, Canada-wide,
there existed “no” judicial consideration or lawful
recognition of relevance, as to the rule of law or what we refer
to, as due process. And this is exemplary of how Canada treats its
good citizens? By fomenting an adversarial relationship in child
protection cases? Or are we to hold, that these actions and by elements
of government, can or should be validated in “good faith”
clauses, or behind some “qualified immunity defense”
curtain? So here we are and back to the merits of “our”
and the international communities claim, versus Canadian compliance
with the C.R.C.....and what does this suggest? As such ministerial
verbose and its self-centered admirations, only serve to chronicle
a dialogue, which disseminates an impervious, conciliatory and galvanizing
attitude, in respect to the root cause of child abuse and those
very same violative protective issues, which have become obscurely
muddled and in a directed affront to Canadian Human Rights adherence.
Now whether these sorts of comments, make for nice sound bites on
CBC or in the Halls of Parliament, makes little difference, for
at the end of the day, the unilateral nature of Canadian child/human
rights, have become and in my opine, an abysmal failure. In a continuance
and I think it begs the question. Is this declaratory statement
by M. Mackinnon of J.C.Y, who states, “”“”emphasized
that Canada lives up to this reputation in the context of the adoption
of the C.R.C”, for real? As, if you really believe “most”
of or the majority of these cites and/or opinions, then somebody
might as well throw this report out, along with the baby and the
bath water. Accordingly, I for one, wonder why you would have wasted
all this considerable time and effort, in addressing what are potentially
egregious violations, if this ludicrous statement merited validation
by inclusion. For subjecting “families” to a form of
“penal servitude”, in at least scores of cases, is more
so than not, the reality of Canadian child protection policy. Or
if you will, “permissive persecution”. To that end,
this knowing and willful abuse, is not about a system that is over-and
under-corrective. It is a reflection of an authoritative contamination
by monetary opportunistic, child protective bigots.
Although and for now, lets put this aside and look at the summary
findings and conclusive nature of this 218 page report. What does
it say and in the course of any purported objective, is there a
reasonable expectation for some desired outcome? Since, if there
is any guidance or baseline for this report, its more so obscured
by a redundant complacency and its fundamental lack of duality of
purpose. That is, it reads more like a survey and I submit, lacks
any significant specificity of or connection/correlations, in its
lawful acknowledgment of international treaties/conventions and
this suggestion or notion of non-compliance. So, having made this
claim and on point. One might have expected, with the plethora of
input, all of these experts, advocates and government, the magnitude
of expense in time and revenues, that one could have surmised as
a foregone conclusion..........Wherein and wherefore, s/he could
have anticipated, that someone who would have been capable of determining
the systemic origin of a/the problem. Or, does this lay a precipice
case, as to manifested constitutional voids? I think, yes, and here
we have the particulars of an onerous problem. The Act of 1867.
An obtuse separation of powers doctrine, in what’s really
a self-evident and prevailing attempt by its authors, in the crafting
of a foundation for Canadian government. Although, I for one, perceive
this act, as more so, a division of an unequitable proportioning
of “provincial autonomy” v. “federal authority”,
than anything. As, even though our constitution is not perfect,
we do have this thing called a Bill of Rights. Coincidentally, is
or are there, such rigorous protections imbedded within Canadian
Law? Thereto, I have looked at the C.H.R.C, C.R.F., Privacy, etc.
etc., international treaties and conventions of which Canada is
a signatory. Provincial statutory laws, this “four”
tiered judicial process/obstacle, from the SCC down to family court
and I just cannot and for the life of me, find any consistency in
the area of an equivalent to “due process”protection.
Oh, there is some covenant acclaim, in section 2(e) of the Bill
of Rights and section 7 of the C.C.R.F, in what one could perceive,
as a futile attempt to define this all-protective mechanism. However,
these are not be accorded, or in at least by my interpretation,
as an “absolute” or “guaranteed” right if
you will, as evidenced in our 5th & 14th amendments. So invariably,
I wonder, how is it you intend to attach signatory legitimacy, to
“any” compliant mandate, without hurdling past these
conflicted flaws in constitutional design?
Opinion: In that
I am not a lawyer and certainly no expert in constitutional law,
I have purposely avoided getting into the realm of legal challenges.
However, and for whatever reason, I feel compelled to address, certain
particulars of relevance. In regards to Canada and the UN. Canada
is of the opinion, as offered and under History, that “in
this light, countries with good human rights records, like Canada,
have a special responsibility: to contribute to this worldwide effort,
not only by constantly affirming and protecting the rights of their
own people, but by being seen to do so.” As to this revelation,
you will find a comment on the next page, where I quote a UN opinion,
which offers a directed contradiction, to the (3) above stated objective.
Secondly and “according to Canada’s constitution, the
federal government has the exclusive power to ratify international
treaties. Legally, the federal government does not need the agreement
or approval of any other jurisdiction in order to proceed to such
ratification.” Then and in a 1975 Federal -Provincial Conference
and as contained in the fourth provision, the government(s) jointly
state, “that, in the event of criticism by an international
body of a provincial or territorial law or institution, ‘’‘’‘’have
the opportunity to explain and defend it law or institutions;...That
under Mechanisms, I find the creation of a Continuing Committee,
with a primary obligation of, or in the functional area, “as
the main governmental information-exchange gateway.” However
and notwithstanding, there appears to have been, “no real
application” of this platform. So accordingly and based on,
personal first hand knowledge and as well, significant experience
and, with numerous child protection cases in Ontario, I find Canada
proper, to be in violation of Articles 2-9, 12, 13(2), 14(1), 15, 18, 19, 21(2), 22,
25(2), 28-30 of the U.D.H.R. and 2, 3(2, 3), 4, 5, 8, 10, 11(2)12, 13(1)14(1, 2)16, 17, 18(2, 3), 19, 20, 21(a), 23(1, 2)24(1, 2b, 3), 25, 27(2, 3)28(1), 29(1c, d)36, 37(a, b, d), 39, 41(a)
of the C.R.C.
In a furthering opinion,
I view this issue of Canadian constitutional rights, as one which
merits scrutiny. As I think, in visiting this issue of the term(s)
fundamental justice or natural justice, that therein and by discovery,
I find culpible signifiance, in as, the framers reasoning, does
appear cicrcumspect. That in going forward and in an attempt to
find and as an osbscured or peremptory alternative, these crafters
failed to offer any persuasive argument, in regards to the assignment
of, an applicable due process protective mechanism. Now in consideration
of the fact, that due process is routinely recognized by most countries
and as, “customary international law”, one might ponder,
why it is, that Canada chose to embrace such an ambigous protective
benchmark, while precluding the idealogical rubric of due process.
Upon review, I would offer, that there was an expressed desire,
to limit those proscribed rights, whereby, the government and its
courts, could and if you will, offer leave or “keep a tighter
leash on its citizens”. That within the context of a certain
degree of ambigutiy and, in any attempt to define these two words,
fundamental justice, one could argue, that the inherant difficulties
in establishing a plausible or realistic and meaningful representation,
are or might be conceivably insurmountable. And to that end and
therein, this provisory, does in fact water down or weaken any protective
mandate, which should be accorded all citizenry. Although, one could
construe this, as an opening of the door, to institutional/governmental
abuse of power and their authoritative control. That in the absence
of a writ of mandamus, habeus corpus, or some other “extraordinary”
remedy, or God forbid, a drastic change in “social policy”,
one could objectively foresee, significant difficulties on the horizon
and as to, an enumeration of rights in Canada. Hence, eroding those
very rights and liberties, which should be held at the highest threshold
of any constitutional remedy. But for the moment, I must admit,
that I am somewhat befuddled, as I am under the assumption, that
the due process clause, was in fact born from within, the “Great
Charter” and that the term first appeared, in a statutory
rendition in 1354. So if this is the case and based on some knowledge
of historical consequence, was Canada not considered a British dominion
at one time? Then and assuming this to be the case and considering
Britians unwritten or uncodified constitution, is it not safe to
say, that Canada should have recognized the problematic nature of
Parliamentary Sovereignty? And further, a British change in attitude,
in joining the human rights community and in what appears to be,
an opposite reversal in Canada’s failure in this accommodation.
So and why then, has Canada not followed the British lead, in recognition
of a more desirable need, in the separation of the judicial process
and from that of, absolute provincial and or Parliamentary control.
One would surmise and conclude. That and for the sake of argument
and based solely on, personal and analytical review, I submit, that
this is moreover of provincial design and for no better purpose,
than in a furtherance of its/their self-serving interests. I think
one could easily perceive, that what we have here, is a conumdrum
of sorts and by way of an intrusion of misguided and egregiously
suspect factors, into these assertions, “everyone has the
right to life, liberty and security of the person”“”“.
Ergo, in order for the federal government to ”coerce”
provincial compliance and within any provisionary guidance, as set
forth in those articles in the C.R.C., then there must be and at
a minimum, one prerequisite criteria. The amending of the constitution?
Why? How else can the federal government, so proclaim itself and
as such an advocate of both human and child rights and still abide
by the terms of its or any consideration, respective of, international
law or conventions. Other than and by way of a stipulatory conveyance
of provincial acclamation, which embraces legislative federal “purview”
or “jurisdiction” and as the ultimate exercise, of any
pursuant authority in law? That is and within a realistic scenario,
let’s suffice to say and by any stretch of the imagination,
that any plausible venue for amendment would appear negligible or
there exists insufficient constitutional flexibility to merit such
change. Further, the selfish, corruptive, indignant nature of this
prodigal mind set and by provincial ministries, would certainly
be expected, in/as a defiant entity in its desire, to hold fast
to its power base. As any attempt at drastic measures, ergo, legislative
innovation, or challenging the status quo, remains unsettled. We,
here in the states, now refer to this, as the “nuclear option”
of US politics.
In opposing viewpoints,
one must consider the reality of opponent and proponent posture.
As the reality of the of the 21st century, is moreover, about compartmentalizing
a more pervasive ideological base for ‘special interests’,
than it is about open mediation and hereto, within the confines
of any “best interest of child” doctrine. Or as proclaimed
by another opine, “In light of the trend toward viewing children
as separate from their parents, as potential clients or customers
in commerce, and as a potential, separate client class of government.”
Hence, there exists a significant and cognizant effort on the side
of this “business” of child protection or should I say,
an intrusion of experts of superior knowledge, which is increasingly
foreseen, as an obstacle into the tradition and natural realm of
the “parental domain”. While, “hair trigger child
protection” might be a more applicable assertion. As one might
view the CAS and Canadian child protection, as one in the same,
I would liken it, to a quaint little and collusive, social policy
community of overzealous bureaucrats. Or in an opinion offered on
page 16. “The UN criticizes how Canada has a tendency to teach
lessons to others without looking at its own performance”.
As is also the case here in the US, we too have this prevailing
omnipotent affliction, which one could explain, as “tooting
ones own horn”.
Clarifying a need for a change in the current provincial policy
mind set, would require huge and unparalleled demonstrative change.
But as I alluded to earlier, there is no mention of where this “problem”
of child and family rights begins. Why is that, since obviously,
millions of dollars were spent on this research platform? I mean,
it seems quite obvious to me, wherein the fruit from the forbidden
tree, resides at the onset of the ‘cause of action’
or simply, the apprehension of a child. For there and again, is
this deference to recognizing ‘the particular’, “probable
cause” as being vacated at the onset of any onus, ergo and
in violation of any respect to “due process”. Whereby,
and in the stark absence of an “adversarial” system
of justice, a family court judge, simply bypasses the affidavit,
rubber stamps forward the “case hearing mill” and goes
directly to P.O.C and the abuse of the rights of its Canadian citizens
begins. Here my friends, is a snapshot of Canadian child protection
and this I submit, is an indisputable fact! So before you can get
into a detailed look, into the incorporation of any of these 185
recommendations, I think you need to get back to accountability.
As exampled by the CAS in Ontario, where children are merely “business
units subject to provincial reimbursement”. Because this should
not be seen, simply as a problem with some “intoxication with
power and authority”. As ideologically, it can be viewed,
in what I define as, “moral capacity versus societal corrosion”.
Though in the scheme of unlawful abuses by child protective officials,
you should be reluctant in your acceptance of the cost of these
abuses, past, present and future. Understanding full well, that
these unfettered abuses of, and into, what are in many cases, normal
and loving families, shall and will and at some point in time, extract
significant social expenditures. That, in all eventualities, there
becomes a differential of opinion in how our perceptions of “child
rights” are balanced, in lieu of societies reactionary treatment,
of the “issue” of child abuse. Therein and without losing
sight of certain and inherent correlations, as (5) applicable to
the “protective” issue, these parameters do require
significant and ongoing clarification. Or more so and by “the
proper and adequate” defining of a specific “criteria”
of concern, such as “maltreatment” or “sexual/physical”abuse.
Whereby and in consideration of and in keeping with, only those
“warranted and compelling factors”, which embrace, the
very best possible protections available and for both “child”
and “family”. Not protection for profit or by proxy,
but protection of those who are truly in need. And notwithstanding,
in ultimate consideration of any circumstantial purpose or necessity
for intervention. That cognizant reverence to fair and compassionate
treatment and as well, the human rights of all citizens, must be
paramount.
Side Bar: Last night,
we were provided an opportunistic insight into federal politics,
due to a debate shown on CSPANII. I must say, the exuberance of
all four candidates and in relationship to party positions, was
moreover, of draconian adulation. Issues like, “poverty &
exclusion”, senior assistance, child programs, taxation, and
all sorts of promises were laid out, or shall I say, debated. Yet,
I must offer, that even in the political mind fields of Capitol
Hill, where confrontational behavior has been perfected, you would
be hard pressed, to find such a gang of four, as witnessed in this
telecast. I mean, if this is an example of how the federal and provincial
governments intend to cooperate, then you have serious troubles
ahead. As the vehement nature of those “discussions”
provided, only a window for disaster. Or at least, it tends to verify
my contentions, as to the issue of “no” confidence and
this positional illusion, of a more compassionate and caring Canadian
government, in accordance with, the best interests of its populace.
So this is why we have launched, in phase III, a challenge to the
worldwide community, which intends, to draw international attention
and address child and family rights and this “business”
of child protection in Canada. As well and in phase IV, we shall
deal with similar failed policies’s, here in the US.
So at the end of the day,
it is admirable that and for whatever reason, Canada has decided
to address the issue, as to legitimizing the “rights”
of a child. Further, I think it is fitting, that you seek to be
thorough in this effort. But what is the prognosis? Is it repairable
or was it never broken? For there needs to be a consensus of opinions,
as to if it was broken in the first instance. So after all, if the
provincials turn a blind eye to the issue and the federal government
is not up for the fight, forget it. And what does this mean? Well,
I for one care not about any intra- country squabbling, amongst
the ministerial’s in Queens Park v. Ottawa Federalized. For
this is an international issue of concern on your table and one
which goes well beyond the boundaries of government and activist
opinion. So we, the CFSM, have staked a claim here and on behalf
of all “families”, worldwide and we will not simply
just rest on our laurels. We not only expect, but require the implementation
of many of these “recommendations”. Not out of selfish
intent, but because it is “just” and “right”.
But, let us not take our eye off the prize, the “child”,
our legacy, while in accordance with and inclusive of, the “paramount”
recognition of the “family unit” at the pinnacle of
humanity and as a moral heritage, for all of mankind....................
The CFSM,
“Citizens for Social Morality”
Director, W. David Dunkelberger,
PH.&Fax#(586)445-1695
Co-founder, Dr. D. Sicheri, Fax#(519)735-1437
Member/Respondent, Tracy Van Poucke-DeRon (Children: Kelsey, Selby
and Amber/ Unlawfully detained and in violation of C.R.C.&other)
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