Thursday, July 9, 2009

Family Law is FLAWED in Ontario

Thursday, July 9, 2009

Hon Christopher Bentley
Ministry of the Attorney General
11th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1 Via Fax 416-326-4007

Dear Sir:

Re: Murphy vs. Murphy Court File 380/06 – Trial Date Assignment Court session May 12/09

The Trial Assignment Coordinator in the Algoma Court House was on sick leave for a very long time and the trial date was not set earlier in the spring due to no competent back up being placed in this position. On May 12, 2009 a special session was set with a Supervisor from Sudbury, ON coordinating but because of her uncertainty she also had Justice Ian McMillan involved. McMillan instructed the Sudbury employee to have a visiting judge manage the trial due to my perception of bias in the Algoma Family Court against fathers. I was removed as being the stay-at-home parent of two children without any proof of wrong doing and a woman who made a run to the local DV shelter based on false allegations of abuse and parentally alienating the two children against me. This is a common tactic in custody disputes and bought hook, line and sinker by feminist trained judges across Canada with some notable exceptions.

The tentative date for the trial was to be the weeks of August 24 and 31st. The employee was to confirm this by phone within the week. It has not occurred and I do not know what is going on. I have not been able to identify to witnesses the dates they will attend. I find these administrative flaws in the Ontario Justice System to be quite prevalent based on my canvassing of other litigants.

Today, a demonstration is occurring within your community of London, ON to give voice to the lack of knowledge of Ontario court workers with respect to the recording of court sessions. You may read about it in the paper. This is but one of the many areas where justice is not being served. Even Gail Laws, Policy Advisor in the Court Services Division of your department did not know the correct answer and she can be heard here with an incorrect follow-up

The fact that the management of justice and the information associated with basic services like trial management falls apart because of one person being sick is just a little incredulous but unfortunately, not surprising, in that I have found men, particularly fathers are treated with disdain and marginalized by the family court system you manage. Custody is given to the mom in a 9-1 ratio. For those of us who deem we are competent, experienced and loving care givers to our children and in my case have a 10 year track record to prove it, your system forces us to go to a trial in an expensive, adversarial high pressure winner take all showdown. That is nothing short of gender apartheid. The sooner laws are changed to a presumption of equal/shared parenting with co-residency the better. Bill C-422 is now before parliament and hopefully it will be brought into law. As well we read about corruption in the Crown's offices and police services of Barrie, Windsor, and Thunder Bay in addition to the O.P.P. to do with jury list abuses.

Moreover, in a previous trial management session with Justice Koke, in December of 2008, I submitted documents to him which he accepted and so advised the lawyer for the respondent who was in attendance. These documents mysteriously disappeared. When I queried the registrar not only would she not make any effort to locate them she arbitrarily changed the tab numbers in the table of contents. Coincidently this was the previous Trial Coordinator who was moved out of the position but not called in to help when her colleague was off sick. What is going on with this court house?

I would ask you to ensure someone from this court house contacts me in writing at the above address forthwith to confirm the dates of the trial and the time of starting in the AM of the first day. A verbal update at the above number would be a good first step. If a judge has been assigned the name of the judge. Secondly, an investigation is required as to what Justice Koke did with the documents given to him at our session in December, 2008.

Yours truly

Michael J. Murphy

cc Court Supervisor, Algoma Family Court

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