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Judge never said his name..I just lost.. crown wardship for purpose of adoption

Thursday, September 12, 2013 - CAS - Not disclosed - Canada Court Watch

Update on court/ appeal crown wardship. Walked in room, didn't even need to sit down. Judge said CAS' motion to dismiss granted based on time delay. Not once have I asked for an adjournment, and bang.. 30 seconds it was all over. I didn't a have a hope or chance with that judge.. no clue on name, The room we were supposed to be in had something going on, and judge never said his name..I just lost.. crown wardship for purpose of adoption.

This is the 12-month time in care equals crown wardship you are talking about?
If so, that is the trick on parents, to drag matters past 12 months, so that, regardless of the original evidence and reasons for removal, that evidence (or lack of it) is ignored, and the "12-month deadline" or longer of time in care becomes more important as far as judges are concerned. It makes their job easier.

How prevalent has this become in terms of headcount since the law was passed? Anyone? Chris Carter, are there any stats on this?

no I don't think so, but all judge said was dismissed due to time delay.. judgement for crownwardship made Apr 11/13, I filed my motion of appeal beginning of May. CAS didn't file and I got cc'ed from the attorney general that counsel for CAS was in violation of rule 35, then they asked for adjournments every month for the last 6 months. none were on consent.. I just kept losing. My case has been going for 3.5 years.

that was my appeal.. 

in Superior Court?

File complaints to The Upper Bar Law Society?

Against who??

You had a law suit against them??

that got settled years back..same court

name all names of who was involved with your case ?

no.. that's not going to help. I need a trial, and got denied that too.

same here. I am already filed in Superior Court with a law suit against them...waiting for next court date

Ok, it was appeal was denied on a technicality due to it taking too long. Now I understand.

Yes, definitely try to appeal or complain that dismissal on the basis of deliberate legal procedural obstruction by CAS. If the appeal has merit, that is, there is a clear error of law, that if heard, would result in a successful decision in your favour, you can argue CAS knew that it could not win, so it adopted a strategy that would impede the path of justice.

what and how do I appeal an appeal?

You take it to the s.c.c and argue on a point of law, or you have a friend/family member take cas to court for custody.

The first level appeal is from Provincial to Supreme / Superior.

The next level appeal is to the Court Of Appeal. This is even more formalized, and you face three judges. I found it very unpleasant and intimidating. I do not know if judicial review would apply here, I'm not a lawyer.

File a Notice of Appeal on that last bogus judgement within 30-days. At this point, you get to present the CAS obstruction attempt as "new evidence". As an unrepresented, you may get a bit if consideration and free counter advice as you go along.

Since "30 seconds" is not enough for oral reasons, you may get lucky and have the Court of Appeal Judges snap it back and include a rebuke to the last judge to smarten up and treat matters of this gravity with more respect.

This you should get legal research done if at all possible. A formal Factum and list of authorities must be done. Obtain trial transcripts and the Orders and reasons for judgements (both the 30-second and Crown Wardship orders), transcript extracts that highlight the error in law that the authorities address.

Legal costs at this level to get advice are prohibitive, likely starting at $15,000 just to get a review and opinion on the advisability to proceed.

So, you will need to do a TON of your own legal research, use pro-bono services, law students, your local legal services society, networking here on CCW, and so on.

You can try to apply for indigent status to have the filing fees and other costs waved.

oh hell.. I have no other choice..self represent.. and can you tell me what forms and where to get them please?? Might PBLO help? It took less then 30 seconds to say Dismissal granted.. time delay.

Self representation for appeal is an inordinate amount of work and requires a great deal of legal knowledge as a factum is required. The appeal court sits in Hamilton and is only heard several times a year. Be prepared to meet strict time constraints or be hit with a fortune in costs and have your matter dismissed.

CAS ARE BABY/Children Stealers for sure....that's what they are really all about.

Faith hope justice has a good thought. Is there anyone in your life who could apply for custody


That's a great idea, find someone who has no visible ties to you or lives in another Province or State (otherwise the argument that any close relatives would simply allow "dangerous" mom unfettered access).

CAS generally likes to milk the system by leaving kids in foster home for a few years first.

I know an awesome family who adopted a co workers family members kids cause they were on the adoption block by cas. So there truly are people out there who will do it. The birth mom was non abusive. And it took 3 yrs but the mom attends all family functions and has tons of contact with the kids

Yes someone stepped up to take the 3 children.. judge said the CAS had a duty to examine this during their investigation, but now he can't order anything.

This is the court of Appeal information. This document introduces it self with the first sentence that reads "representing yourself is very difficult". This is an accurate sentence.

You may need to first get Leave To Appeal, because this is your second crack at the same case. If not, filing a Notice of Appeal within 30 days and see if the other side bothers to respond.

http://www.lawhelpontario.org/library/attachment.221164

im going through same deal with cas, wants wardship of my sons been fight for 2 year yesterday for them it just keeps getting put off to another date I want to go to trail a year ago and here we still are I have not seen my kids or none of their family has seen them in two year also either brother has not seen eachother in two years. the cas has nothing on me .NOTHING. and yet here we are today?
very interested in your story b/c I sense a pattern.... how did it start? 


the judge can rule plenty. Your relatives can put in their own applications in court against CA for custody/access.

I agree papainbc. sometimes they don't release them even then. I have experience with that from trying to gain custody of two little girls now aged 14 and 10? taken from welland and moved three times I am aware of before being "lost in the system". I had written consent from their mom (my roommate until the eldest was seven) to speak with cas and act as a liaison for myself and the girls' blood relatives, but CA made them disappear, and i have yet to find them. Even just to mske sure they're okay. it kills me.....

but anything is worth trying, right? i still write letters to every CAS in ON no matter how many times I get a "we can't release information" letter back.....been hanging onto christmas presents for ten years......I figure even if it's another four years, and they give her all my letters at once when she turns 18 like they did with two of my other relatives, at least we'll see eachother one day....and she won't be left broken by CA, on the streets, thinking nobody cares? I wish there was anything else I could do

I don't have relatives.. I have the foster parent of one of my sons willing to take the 3 boys. Since CAS in no longer involved.. court can't make them do anything.

Have you shared any of this with the media/mpps/friends/family/etc. You need to let society know what is going on. They have no clue where their tax dollars are going.

a few yrsa ago when FACs was telling me where my daughter was but ihadn't seen her i threatened to call red cross and get them to do a welfare check on a political prisoner. i had a visit the next week


Anyone consider FCC and make motion to "order" the judicial review?

You can also ask to keep interim status via interlocutory stay pending determination

2 applications.

First to force judicial review, second is stay.

Overlooked often - it's not Rex judica.

Show the fraud by exposing errors of law or common practise and
Right to be heard, they "called" you to bar...

You must be heard, period. And if the issue involves any medical or MH then charter freedom includes care, access, and "liberty"

These secondary harms caused by overreaching govt is wrong -

This is justiciable or can bring 'new' application w the denial as causal to state deliberately caused by state...

Now it brings your initiating issue back before courts... Be careful!

Just saying....

Common Law Rights.


Good angle!!

I'd seek masters to empower a 5 judge panel - permitted but tricky!!

 would that work? They were my roommate's children not mine.


it's my experience tht they don't want any outside agency looking into what they are doing.. i'm not saying it would work in your case but it might

my daughter was in care past what they wanted when we went to court didnt look good they wanted to crown and to adopt her out cuz we pushed it past the time limit but in the end we won not sure why judge took easy way out i would do what it takes to keep fighting to appeal it at least get it started where u can at least block it temp from happening till u get ur appeal going


i don't think they're very successful, for lack of a better word, at adopting out older children.

If they were actually a child welfare agency, wouldn't they look for family friends or community members who can take the children? Who care about them as more than a payday?

if they were actually a child welfare agency, wouldn't they look for family friends or community members who can take the children? Who care about them as more than a payday?

is mostly right. You should be able to appeal on the grounds that you weren't heard.

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