Friday, August 21, 2009

Divorce law needs updating, but Tory's proposal is not the answer

Antonia Zerbisias (AZ) is at it again. One wonders how someone with such slip shod research is allowed to publish a column in a MSM newspaper. The Trawna Red Star sometimes doesn't demonstrate high journalistic standard as evidenced by their left leaning rants that often cause a truth to suffer an indignity for the sake of ideology. AZ though is in a whole other class of scribblers who use feminist propaganda sites like the Liz library to score points. The scoring though is below the start gate where the truth runs into the "wall" before the marathon begins. We also have some of her propaganda acolytes like Martin Dufresne pompously spewing his vindictive rhetoric against his own gender. He says he's a father which is an interesting concept for Canad's leading male feminist. :) I guess he has to look like he's got his nose in the right spot to get those translation contracts from SOW Canada.

Then we have t
he likes of the infamous man hater Rowan Kelly. See below for their comments. If this is as good as the "feminists for mom having everything after divorce" side gets its a pity. I expect better than that silliness. Thank goodness for loose cannons like her though because it clearly shows the kind of mentality that wants to discriminate against good dads.







Aug 21, 2009 04:30 AM

Comments on this story (47)

One of the great things about Stephen Harper's minority Conservative government is that its hidden agenda isn't really hidden.

Take, for example, last year's Bill C-484, ostensibly all about protecting "unborn children" but definitely not, oh no no no, about limiting women's reproductive choices.

Until, of course, on the eve of the election, when it was killed because the Conservatives didn't want "to reopen the abortion debate." That, months after the bill had passed second reading.

Then there's the pesky women's equality thing.

In 2006, one of the first things the Harpies did was strip the word "equality" from the Status of Women's mandate – as if ensuring women's equality wasn't the ministry's raison d'ĂȘtre.

Then, last year, only after howls of outrage from feminist groups, did they sneak it back in. Not that it made a difference since they had already cut the funding necessary to advocate for equal rights.

Now comes C-422, An Act to Amend the Divorce Act.

It's a private member's bill introduced in June by one of the most socially conservative backbenchers in the government, Saskatoon- Wanuskewin's Maurice Vellacott. He is past co-chair of the Pro-Life Caucus, an advocate of creationism in education, a vocal opponent of gay rights and, lest we forget, so harsh in his criticism of former Conservative-converted-to- Liberal MP Belinda Stronach, that the word "prostitute" came up in his diatribe.

The good news is, private member's bills are rarely passed.

The bad news is, research shows that they influence government policy – and, as the record shows, often reflect party policy.

Just so you know where this is all coming from.

The main aim of C-422 is to automatically award "equal parenting" rights to both parents in a divorce decision because, as research shows, children have better outcomes when both mother and father are (positive) presences in their lives.

In other words, judges should presume that equal parenting is in the "best interests of the child," unless proven otherwise.

Which, at first glance, sounds great. Who can argue with the idea of an engaged, loving and caring father remaining involved in his child's life – and not just as an every other weekend, cheque- writing daddy?

I see the men on my street and in my neighbourhood so very much part of rearing their children, doing much more than manning the barbecue and ferrying them to hockey practice.

But marriages break up.

Many do so amicably enough, with couples working out their parenting responsibilities without dragging armies of lawyers into the courts which, by the way, now award joint custody in almost half the cases.

I also know great fathers who have struggled to maintain their relationships in the face of angry exes, who use the kids as pawns, cut them off from their extended families and worse.

Fortunately, such women are in the minority.

But C-422 will cause more problems than it will solve, say women's and legal groups such as the Quebec Bar Association.

In fact, last month at the annual meeting of the Canadian Bar Association, federal Justice Minister Rob Nicholson was cheered when he hinted that, personally, he wasn't 100 per cent behind the bill.

To outline all the reasons that the bill is flawed, even dangerous to women and children, not to mention potentially costly to the court system, would take the whole page – and I don't have that.

But here's just one example: Among the secondary considerations a judge must take into account is whether there's "family violence committed in the presence of the child." If the abuse occurs behind closed doors, hey, no problem. That despite how research shows that, in half the cases of violence, the battering begins after separation.

Nobody is saying that our divorce laws, last significantly changed in 1986, don't need an overhaul. They do.

But C-422 is not the reform we need.

Not when you consider the source, the context and that Conservative agenda.

Antonia Zerbisias is a Living section columnist. azerbisias@thestar.ca. She blogs at thestar.blogs.com.

what reform is needed?

You said an overhaul is needed, but you didn't say what it should be. Personally, I think the law is already clear enough about men=$$$ and woman=custody.

Submitted by BenC. at 8:11 AM Friday, August 21 2009

God forbid.....

....the reverse discrimination against men ever end....the divorce laws are a weapon wielded by too many women in order to exact financial and psychological revenge on their ex-spouses. Big changes are needed now and this is a start. There could certainly be some changes made to the bill, but its intent and direction are long overdue.

Submitted by Canada for Canadians at 8:50 AM Friday, August 21 2009

What (Amazonian) planet is Zerbisias living on?

She trots out the "abuse" trump card and claims the proposal is "dangerous to women and children" but gives virtually no evidence to support such a contention, except that women's and legal groups are opposed to the plan. Women and lawyers both have an inherent reason to see the status quo continue---let the father gravy train continue to flow! Incidentally, Ms. Zerbisias apparently does not even realize that "joint custody" doesn't even legally exist anymore, rather the "shared custody" defined by the 40% doctrine passed in the Divorce Act of 1997.

Submitted by Suzanne Carlson at 9:55 AM Friday, August 21 2009

Cloaking divorce reform in terms of feminist equality is wrong-headed

Current legislation and judicial practice permit outrageous discrimation against a caring involved father who simply wants to be part of a child's life. After multiple court appearances (and all of the savings earmaked for her university edcuation) just to visit with my daughter, I know this firsthand. I would sooner choke on my tongue than speak well of Harper but in this case, the proposed legislation is spot on.

Submitted by amicusfelix at 10:02 AM Friday, August 21 2009

Keep the myth alive

I wonder why you left out the fact the bill was seconded by *gasp* a LIBERAL WOMAN (MP Raymonde Folco from Laval) and supported by MP's from all parties. I would love to see your explanation of what is wrong with equal and shared parenting. As well, what you think is wrong with the current divorce system. Interestingly, you stated that about half of court outcomes result in joint custody (half results in custody to the mother... around 5% for Dad). Do you understand how much that cost to "win" joint custody? And how long it took? Do you have any idea the financial and emotional toll family law court extracts? Finally, the standard defence against shared parenting, domestic violence, is one of the many biases fathers are fighting against. Can YOU name any law that is designed because someone MAY fit a certain profile? Oh that's right, all Dad's that want joint custody and access are wife-beaters and deadbeats. I get your point now.

Submitted by ReformTheAct at 10:03 AM Friday, August 21 2009

Cause more problems? How?

I'm no fan of the Conservatives but honestly I don't see anything wrong with this proposed law. Antonia, you say there are "dangers" that could take up a whole page, and use an example that from a legal standpoint is a bit of a stretch. Any reasonable judge would rule a man battering his (ex) wife in the next room occured in the presence of a child. I am big fan of yours but this time I'm really surprised/disappointed. The regressive stance here is yours. I note with interest you point out that Bill C-422 is flawed but you offer no viable solution. Instead you're reling on the same-old, same-old knee jerk reactions of special interest groups that think in purely absolute terms and do nothing by try to victimize their entire gender at the expense of the the other.

Submitted by Terry_70 at 10:03 AM Friday, August 21 2009

No Real Surprise here........

the author is against anything giving equal parenting rights to men. she mentions that women who use their children as pawns are in the majority. that is willful ignorance or worse. it is WIDELY known that it does happen. and in more than a few cases. but they are just men in her eyes and it is ok to mess with them in any possible way. C-422 is just the START of what we need. but it would give men one more right and take away a weapon that women frequently use. it would give men in a divorce a leg up and the author absolutely cant stand that. the war is far from over and the pendulum is swinging our way. she may win this battle but the war is already lost. and THATS what is really getting her goat.

Submitted by samuel cogley at 10:09 AM Friday, August 21 2009

its all wrong headed

the divorce laws as they stand today are wrong headed, money cannot compensate for the absence of a dad. and then there is the police and the CAS who see the dad as a devil after divorce, how convenient and avoid acess. and then you have government depertments to harass an already harassed man about payments, when his life has collapsed. its cruel and that is why the institution of marriage is no longer based on trust, infact its fast vanishing thanks to bone headed lawyers and politicians and oh yes how could i forget the womens equality movement and political correctness. well who cares right as the poor kid cannot speak for himself/herself.

Submitted by vik kumar at 10:18 AM Friday, August 21 2009

My daughter wants this for her child, her husband is still too angry and hostile to even talk civilly to her. Shared parenting? Not automatic by any means and definitely not a starting point.

Submitted by suzzi at 10:24 AM Friday, August 21 2009

Wow, I agree with the Harper Government

Equal parenting is absolutely a right and one that needs to be legislated because it is not happening. I am not a right winger and I am not divorced (or a parent for that matter), but kids are used as pawns far too often when separation occurs. The best thing that could ever happen to the average divorcing couple would be to lock them in a room until they finally agree to stop bickering and start raising their kids together. And yes, the bill takes situations of violence into account, so I don't see that being a valid consideration either. I just can't believe I'm approving of something done by someone as vile as Mr. Vellacott!

Submitted by Mr. Monster at 10:32 AM Friday, August 21 2009

Flawed?

I think this Bill needs to passed very soon... not put on the back burner... We need 50/50 custody... We also need mandatory DNA testing at birth. The courts are all big about how they want to maintain the kid's status quo when it comes to lifestyle, Well, the kids status quo was two parents looking after them equally... and it should stay that way unless there is a compelling reason otherwise...This article is a perfect example of why gender bias should NOT be a part of custody agreements.

Submitted by Fantasm at 10:39 AM Friday, August 21 2009

marriage

This is why men over thirty know better than to get married.

Submitted by BenC. at 11:21 AM Friday, August 21 2009


The real truth is....

Feminist groups are against equal parenting for one reason, and one reason only...MONEY...If mom and dad share the child equally, in most cases, the mother will not be entitled to child support. Do not let feminist organizations propped up by LAWYERS destroy families more than they already have. Single mothers abuse children at a higher rate than single fathers. Antonia is not telling the whole truth.

Submitted by MensRightsNow at 11:31 AM Friday, August 21 2009

Pure Propaganda - a disappointment

Typically Antonia's articles make me think even if I disagree with them. This article simply used guilt-by-association (the sponsor of the bill is pro-abortion) and name-calling ("the bill is flawed, even dangerous to women and children"). I wouldn't dream of voting for for Harper but the last line about considering the source and Conservative agenda revolts me - a party I disagree with can have good ideas and I want to be engaged on those ideas. Your example that judges must consider family violence but only, implicitly, violence in the presence of a child is an important observation but the legal argument (turning on interpretation is somewhat unclear) - add to this the next sentence about research into when family violence occurs (which has nothing to do with violence "in the presence of the child" or no) and the only substantive argument you give is weak at best. This is an important issue; please write another article with some substantive arguments instead of partisan smears.

Submitted by 2faraway at 11:41 AM Friday, August 21 2009

Discrimination works both ways

Women are sterotyped as caregivers and men as breadwinners. This hurts women in the workplace and men in custody hearings. Just as we should move to address the inequity in the workplace, we should also do this in the custody area. The numbers don't lie. A woman is about ten times as likely to be awarded solecustody as a man. Allowing more men to be caregivers will help women reach equality in the long run by lessening the stereotypes.

Submitted by Shag Bag at 11:49 AM Friday, August 21 2009

I agree with Antonia

I agree that this bill could be problematic. First of all, the government's intervention in family matters troubles me. And secondly, there are many cases in which joint custory is not an option because it could jeopardize the safety of the mother and the children.

Submitted by herstorian at 11:49 AM Friday, August 21 2009

"Hidden agenda"? For The Sake Of The Children, an "ALL" party document submitted as a blueprint to revamp our outdated divorce laws over 10 years ago, fully supported the concept of rebuttable equal shared parenting. MP Vellacott's private members bill addresses the need for judges to consider family violence during and post separation in deciding best interests of the child. A Nanos Poll in March 2009 showed an overwhelming public and cross party support (in the 75% to 86% range) for Equal Shared Parenting. If Ms. Zerbisais suggests we dismiss "the source, the context and that Conservative agenda" then she must also consider all of our political parties and the public at large as suspect as well. Who's left to govern? Perhaps Ms. Zerbisias can step off her nay saying box and offer something positive to the debate.

Submitted by rocer at 12:06 PM Friday, August 21 2009

Why I support equal parenting

As a woman, a child of divorce who grew up without her dad, a divorced mother of two boys, and a second wife, I am proud to support equal parenting. I support it because children deserve their parents being present and active in their lives. I support it because 'child support' is about more than money, it is physical, emotional, spiritual. I support it because courts need new direction. Our system is based on common law, it is precedent based. The precedent in place is one of maternal primary care. We need to set new precedents. I support it because women deserve the same opportunities as men and deserve the benefits of sharing the responsibilities of child rearing. I support it because the current system is bankrupting families and stealing their wealth, what's more it is stealing children. I support it because it is the logical next step in gender equality. The balance to equality in the workplace is equality in the home. This is not partisan politics Antonia, your bias is showing.

Submitted by Kristin Titus at 12:12 PM Friday, August 21 2009

@HERSTORIAN

See, it's all about the children despite single mothers abusing children, even murdering them and you've been brainwashed to believe that it is men only doing this. It's embarrassing.

Submitted by MensRightsNow at 12:19 PM Friday, August 21 2009

Go Ahead ... Disenfranchise Married Men.

Ever since the one-sided misandrist divorce legislations of the 70's & 80's, marriage has been a death trap for men. Now you are trying to stall the very legislation which would start evening the field. Your article is a very transparent attempt to block reform Ms. Zerbisias. Look at Canada's marriage rates. They have been crashing unstoppably over the last three decades. How can this systematic disenfranchising of men be good for Canadian society over the long run? Being a proud Greek-Canadian, you should know better. Do you know how the Golden Age of Ancient Greece ended? It all came crashing down in the late-Antiquity era when Greek men were similarly disenfranchised and felt they no longer had a stake in the survival of the very society that turned its back on them. Read and learn. History doesn't always repeat, but it sure does RHYME.

Submitted by puma at 12:32 PM Friday, August 21 2009

So if the Divorce Laws favoured men...

would Antonia Zerbisias or others who believe in "equality but only if it benefits me" be raising a stink about adding more equality? I think not. Only in Canada can a child have one mother but many fathers (paying) even if the child isn't their own or was passed on fraudulently by its mother.

Submitted by golfingsteve at 12:37 PM Friday, August 21 2009

Face it Antonia...

...you don't like anything that has to do with Stephen Harper. Hidden agenda? Please - if it was hidden, nobody would know about it. And if somebody did know about it, that person would know the details and spread them around. So...no hidden agenda. Conservative agenda? Funny how the left-wing criticizes PM Harper for straying far from his Conservativer roots and mandate. Please - the Libs did no better. Did you criticize the Liberals' agenda? Did you talk about the Liberals' hidden agenda (adscam, entitlements, gst lie...etc)? No matter what the Harper government or no matter what any man does or suggests, you'll be against it.

Submitted by forevergreen2000 at 12:51 PM Friday, August 21 2009

scrap it

no-fault divorce has been an unmitigated disaster and a benefit only to lawyers.

Submitted by gonzo at 12:52 PM Friday, August 21 2009

You have been scolded by your masters on more than one occasion for lack of research and this isn't even in your blog. "...courts which, by the way, now award joint custody in almost half the cases." Joint custody is awarded in many cases but physical custody goes to mom in over 85% of joint custody awards. Dad is a visitor for two weekends a month if he is lucky. The CBA meeting was last week not last month. As usual you launch your tirades in an ad hominem manner trotting out the beliefs of someone without looking at the merits of the legislation. If you read it you may not have done so for comprehension. You also trot out the canard of DV but it is pretty much equal between genders and females in some cases are the majority of initiators. Moms are by far the majority in the abuse and killing of children in the USA and OZ. I find it interesting when equality for men rears its head you use a shotgun approach to try and shatter the notion.

Submitted by Mike Murphy at 1:23 PM Friday, August 21 2009


Equality?

Is the word equality not a derivitive of the word equal? Hmmmm? Do you not support equality Antonia?...you use that word quite freely. Equal shared parenting...has a nice equal ring to it!

Submitted by MensRightsNow at 1:58 PM Friday, August 21 2009

Partisanship or not!

You are a very leftist oriented individual but then so is feminism as it is a "collective" ideology. Given your partisan attack on Mr. Vellacott and the CPC you may wish to research a report done by a bi-partisan committee of the House and Senate over 10 years ago during the reign of the Liberals. (most of this and last century I believe). It is called "For the Sake of the Children." It is still available on the Parliamentary web site and collecting dust in the Parliamentary Library. It proposed much the same thing as does C-422 but the new legislation looks a little deeper at "The best interest of the Children" mantra and tries to provide a framework for high conflct cases. The simplest solution to high conflict divorce is to award custody to the cooperative parent. Its not rocket science. This is about whats best for the children not an ideology or a political parties doctrine. Children need and want both their parents in their lives. The social outcomes are far more beneficial.

Submitted by Mike Murphy at 2:16 PM Friday, August 21 2009

guys

why do you even bother getting married? you seem to hate women so much, or is that only after they divorce you?I think this article clearly states that while Antonia is for equal parent time she worries about the other points in the bill- the devil is always in the details. Antonia, i think you need to write another article detailing what dangerous stuff is held within the bill.

Submitted by dperogie at 2:26 PM Friday, August 21 2009

Immature

Ms. Zerbisias your style of writing is churlish and immature. Harpies? You sound as bad as some of the people who post such drivel all over these pages. Every child has the right to both parents and fathers have just as much right to their children as mothers do. That's what this bill addresses. It's a first step towards repairing our badly broken family law system. You see, in this country, the family law system was developed by feminists to the benefit of women. Men have few rights when it comes to divorce and custody and women hold all the cards. Men are always assumed to be in the wrong. All claims made by women are assumed to be true. I've heard horror stories or women falsely claiming that they or their children were abused by their estanged husbands and there are never any consequences for making such false claims - even when they result in false arrest and other hardships for the man. Men and women are supposed to be equal yet there is no equality in family law.

Submitted by Mantis at 2:32 PM Friday, August 21 2009

Bill C-422 IS THE ANSWER

I am a sister, aunt, step-mom and second wife, had a Dad, Mom, and Brother. Worst memory was no younger sibling. I support equal parenting. I had two parents, so why in divorce, does the law destroy kids. Both my parents were active with me. They gave up “me” attitude for “us” attitude. As Kristin T wrote “I support it because 'child support' is about more than money, it is physical, emotional, spiritual.” The courts have to change, women want equality, then total equality means 50-50 for the kids. I support it, the courts need new purpose, stop feeding $300.00/hr lawyers on $18.00/hr salaries. The Cleaver society is gone, both work same goal, bring up kids, teach them well, nurture them to be better, today it takes two incomes to keep a home. Men as 4 day a month babysitter, ATM’s no more. Accept gender equality. Children are the equality/balance to keep families in check, parents must be in 50%. Kristin T said “This is not partisan politics Antonia, your bias is showing”

Submitted by Kris Zegota at 2:34 PM Friday, August 21 2009

Good on you Antonia

Seems you got your point across as evident from the vicious neo-con attack dogs. Nothingshows you've been exposed more than attacking the person who spilled the details of a bill they wanted hidden. I suggest you write an even more detailed account of what the bill will do and do more stories on the hidden agenda. Its funny, you'd think they'd be attacking there own party for canceling the stealth anti-abortion bill or returning equality to SWC. They wanna shut you down before this bill gets canned. Keep up the good reporting!

Submitted by T-Roy-To at 2:43 PM Friday, August 21 2009

Two Points

Firstly, by your own admission most divorces end "amicably" as you stated, if thats the case why wouldn't you be behind automatic shared custody if the standard is an amicable separation. Why do you feel the exception (the small percentage of divroces resulting from violence) should be the standard rule? Secondly, Time Magazine just published research indicating that in almost every aspect of life, drugs, education, response to authourity, income, growth, violence, etc .etc. etc. Children from dual parent upbringing consistently out perform those from a single parent household. The only thing you demonstrate in this article is your clear and total bias towards men, and if the comments are any indication you are quite disconnected from the general public. Shame on you and your editor for allowing such dribble to be published. I was old enough to remember my parents divorce, the violence card was raised despite never being proven and ended up being thrown out.

Submitted by foodie4life at 2:58 PM Friday, August 21 2009

@dperogie DUH

I quote Ms. Zerbisias "But C-422 is not the reform we need. Not when you consider the source, the context and that Conservative agenda." So you think she clearly states she's for equal parent time? Hmm...your rationalization causes me to have a conundrum over logic...I must ruminate on it some more. I would advise you that when a man or woman - as you will note there are several in opposition to your columnist - indicate they have a difference of opinion it is not - as they teach you at the local DV shelter - because of hatred of women. The corollary of that is those of you who would deny a child the right to have equal time with fit parents after divorce hate children. Can you see where your kind of logic leads. To a fallacious and unsupported conclusion I suggest. As to ever getting married - well hindsight is 20-20 and many of us - women included - would think twice about it.

Submitted by Mike Murphy at 2:59 PM Friday, August 21 2009

T-Roy-To at 2:43 PM Friday,

Are you living in a dark basement without electricity? Google C-422 and see how hidden it is. Neo Con attack dogs hey - :) How Iggy, who also supports equal shared parenting, as described in his book would be petrified. He doesn't consider himself a neo-con or an attack dog. Do you have any more hyperbole for today or will that be all?

Submitted by Mike Murphy at 3:04 PM Friday, August 21 2009

Bad fathers shouldn't try to hide behind the good ones

I find it a bit repugnant to see the worst of fathers - the ones looking for an out to avoid paying child support, the ones abusive to their partner/children, the ones that haven't done the parenting tasks that Zerbisias generously alludes to - using the image of the committed, equalitarian father to try and push through a law that would put ALL biological parents on an equal footing, regardless of skills, merits or letality, regardless even of who will dothe primary caretaking after divorce. Our children deserve better. Here is a resource on the major problems with C-422: http://www.nawl.ca/ns/en/documents/2009.08-BillC-422brief.pdf I completely concur with it. Nothing should trump the child's best interest, especially when h/se is at risk of continuing violence from a self-estranged parent. By creating new hurdles for divorcing women, C-422 reflects a conservative, equality-hating agenda. And it compromises the safety and welfare of children.

Submitted by MartinDufresne at 3:28 PM Friday, August 21 2009

Excellent Antonia

Good initial expose article, more please!

Submitted by voicefromtherockies at 3:28 PM Friday, August 21 2009

Cheers Antonia,..:-}

Marriage as we know it today is an invention of male thinking to make sure who the sire is,.. most males are possessive and jealous. Let's look back to pre-his-story. Women didn't need anything written to prove who was who,.. who cares? Let's re-write the divorce laws to reflect the best interest of the children, usually that is with the Mother,.. Some "fathers" are dangerous or deranged and need to be kept a safe distance from their progeny. There are some sicko Moms too, I am not sure the psycho ratio, but I think 20 males to one Female would be about right.

Submitted by Rowan Kelly at 3:41 PM Friday, August 21 2009


We need more info re C422 Details

Antonia, I think you need to write the whole page about the concerns & flaws in Bill C422, so people can have a clearer view about this issue. As you said, & so many posters have pointed out - No-one would argue against equal parenting as the being in the best interests of the child... in the majority of cases. BUT - BIG "but" here - this private bill is sponsored by Maurice Vellacott. I know good old Maurice. He is the most reactionary far-Right member of absolutely anyone in Harper's entire party. In fact, Maurice makes Stephen look positively liberal on many things. The man is not taken seriously by any but a very very few really extreme-believing people. SO, there is something going on here with this bill. It cannot be an innocuous as it sounds - not if Maurice is behind it. More info please, Antonia.

Submitted by Canadian Nurse at 3:43 PM Friday, August 21 2009

What?

I liked Antonia when she made Bernie Farber cry, but this article hints that fathers are a danger to their children. It ignores statistics collected by North American child protective agencies and the Canada Health Agency in particular that shows the opposite - the mother is the #1 abuser of her children in terms of physical abuse, neglect and emotional abuse. I also highly doubt that sour vindictive exes who play games with their children's access to their fathers form a "minority". She also ignored new research that shows that time with both parents is critical for a child's well-being - I read about this in The Star a while back. A little research never hurt, Antonia, and I doubt the facts would take up the whole page. Apparently an underhanded shot at men in general didn't either.

Submitted by trimax at 4:23 PM Friday, August 21 2009

Misandry and Myths about Domestic Violence

There have been many studies in the past 10 years that have refuted feminist mythology that men are aggressors and women are victims. Partner violence is nearly equal between genders and is often reciprocal, with women receiving more severe injuries in the most severe cases (very small percentage). If a judge were confronted with a very clear case that a woman (or man) had been physically assaulted and has injuries as evidence then the presumption is easilly rebutted. However, in the majority of cases of partner violence, it is simply a matter of he said / she said. We should be supporting both parents and treating them equally after divorce and providing mediation and services for high-conflict cases. The lawyers don't want mediation, they want all conflicts to be played out in court where they are generously compensated.

Submitted by Denis Pakkala at 5:03 PM Friday, August 21 2009

Both Parents Need Support in Divorce

Supporting both parents to provide “cash and care” to their children after separation means an over-haul of the tax, benefits and child support systems. We need to look at the costs of parenting for each parent, how much they share care and each parent’s income. We need to: 1. see fathers as an INdisposable part of childrens lives 2. when parents separate, make them explain why they can’t both play substantial roles in their children’s lives, rather than make them justify why this should happen. 3. review the tax, benefits and child support systems which are blocking this kind of sharing of care after separation 4. provide proper services including mediation for separated and separating families, especially in high conflict cases. 5. Avoid court whenever possible, because it increases conflict rather than decreases it.

Submitted by Denis Pakkala at 5:10 PM Friday, August 21 2009

@rowan

Yes, men are deranged lunatics that want to harm children, you sound like one of them. Try looking up stats on abuse by mothers and you may have a different perspective. Again, shared parenting excludes abusive situations. Children love their dads too ladies. Sorry about that! Let's deconstruct 30 years of misandry in the family courts by allowing fathers equal access to their children.

Submitted by MensRightsNow at 5:20 PM Friday, August 21 2009

I'm waiting for the 'whole page' part...

What kind of argument is that? Antonia argues that the bill is flawed, dangerous to women and children, but doesn't have enough pages to argue why? Is this article a university paper with a word limit?---or is it that you don't really have a good argument(s)?

Submitted by just_joe at 5:23 PM Friday, August 21 2009

C-422 would tie judges' hands about children's welfare

Deadbeat dads groups have been fuming since the federal administration established decent child support guidelines in 1997. First they tried to use a clause that allows reducing child support when children spend at least 40% of the time with the non-custodial parent. But most of the battling dads do NOT want to do that much work. So the current battle plan is to have custody written out of divorce legislation altogether, to NOT have past/future parenting work taken into account. C-422 would force judges to PRESUME that fathers will be sharing equally and to give them near-total control. Indeed, no disposition in C-422 can force such a real sharing since, as we all know, goodwill and love for one's children cannot be legislated. This lobby has fashioned an out for the fathers that have NOT shared this work and do not intend to. Men would be able to blackmail women and children out of their basic enitlements to support and safety. As a committed sharing father myself, I object.

Submitted by MartinDufresne at 5:43 PM Friday, August 21 2009

Fear mongering

I find the kind of fear mongering that occurs in these articles and some of these comments distasteful. The greatest victimizers of women and children in Canada is not men, but this type of radical feminist diatribe. Ms. Zerbisias and I see she has a posse, would prefer to see women kept in the home 'relegated' to the status of sole-custodial parent. How conducive is sole custody to mom in providing her time and opportunity to pursue additional goals for herself and her children? It is the radical feminist agenda that continues to put women and children, as they seem to be incapable of separating the two, in the status and role of victim. Most of us are too smart for that now. My son's are not perpetrators, but if left to the vices of these characters, they'd be tarred and feathered before they ever had a chance to be one. For shame!

Submitted by Kristin Titus at 5:49 PM Friday, August 21 2009

A word to the wise

MikeMurphy, you may be tipping your hand a little by claiming that Mr. Ignatieff is supportive of Mr. Vellacott's bill, especially on the basis of an ambiguous sentence written six years ago. Your "Fathers4Justice" lobby may be shooting itself in the foot by attempting to lock him in to your extreme anti-mothers rhetoric. Better stick to comic superheroes...;-)

Submitted by MartinDufresne at 5:50 PM Friday, August 21 2009

Like a Red Rag to a Bull

Every time an article appears that gives any mention about women and marriage/divorce, we get all these poor guys out there who obviously need help to resolve their issues around gender and sundry related hurts hurling abuse at the writer. If ever there was an example of a need to cover psychological treatment under public health care, here it is. The hate spewed out here by faceless males - not adult `men' - is chilling.

Submitted by xdirector at 5:51 PM Friday, August 21 2009

Shaming Tactics

Yes xdirector is right. If you have your house taken away, your bank accounts frozen, your assets split, and your future shackled to lifetime alimony ... it must be a psychological condition. It's not real guys, it's all in your head! Oh yes, you are in prison due to alimony arrears, and you are getting raped there, but hey ... it's all psychological!

Submitted by puma at 6:19 PM Friday, August 21 2009




Edmonton Sun: Sharing the burden a dicey approach to custody deals

My letter to Mindy follows:MJM





Last Updated: 19th August 2009, 3:13am

For years, family advocates of one sort or another have been trying to replace the emotion-laden phrase "custody and access" with the supposedly gentler and more equitable term "shared parenting."

Eleven years ago, a special parliamentary committee recommended such a move but the Divorce Act remains unchanged.

Now a Saskatchewan Tory MP is taking a stab at it. Maurice Vellacott's private member's bill would require judges to apply the principle of equal shared parenting except in proven cases of abuse or neglect.

Justice Minister Rob Nicholson isn't a fan of the bill. Nor, apparently, is the Canadian Bar Association, according to news reports from the CBA's annual meeting in Dublin this week.

Vellacott's bill may be well intended but no one's figured out how to make two ex-lovers who hate each other more than they love their kids compromise for everyone's benefit.

You often hear about high-conflict custody cases because fireworks attract attention and we tend to have a morbid fascination with the evil machinations of squabbling couples.

So people get the false impression that court battles are the norm when it comes to divorce. On the contrary, the vast majority of divorcing couples are able to settle their differences amicably, outside of court, and their kids are better off for it.

Only a small minority of cases end up before a judge these days because so many couples have wised up and realized that mediation is healthier and cheaper than beating each other up in court.

"We're trying to take a more holistic approach to family law because we know once our files are over, these families go on," says Montreal lawyer Karen Kear-Jodoin, past-president of the CBA's family law section.

"I used to be this big litigator ... and I loved it," she adds. "But I realized as time went on that it's not necessarily best for my clients because they spend so much money and the outcome is not always satisfactory to anyone."

Marla Miller, an Edmonton registered family mediator and collaborative family lawyer, agrees. There's been a dramatic attitude change over how to handle divorce over the years, she explains.

Not long ago, it was rare to see the children of divorced parents share their time equally between mom and dad, she says.

"Now it's one of the most common arrangements." A child will typically spend one week with mom and the next with dad, she says.

"I never would have thought that we would see a situation where parents would quite often negotiate an equal sharing of the time. Things always evolve."

What obviously hasn't evolved is the worst of human nature that drives ordinarily civilized people into torrents of rage and vengeance because love has evaporated.

So I share the skepticism of both Kear-Jodoin and Miller that Vellacott's vision of presumed equal shared parenting will work with couples who are too full of hatred to have a quiet discussion about the best interests of the kids.

Both lawyers say Vellacott's proposal risks even nastier court battles as parents try to prove shared parenting would be a disaster.

"I can see the affidavits that are going to be exchanged -- every bit of dirt," says Kear-Jodoin. "When you force (unwilling) people to make decisions together, every decision becomes a source of conflict."

Expecting divorced couples who prefer scorched-earth tactics to happily "share" parenting is absurd. Tragically, their kids just have to find a way to cope.

MINDY.JACOBS@SUNMEDIA.CA

Mindy:

You may want to check on Edward Kruk’s research on shared parenting. A PDF of his most recent work is available here http://fira.ca/cms/documents/48/Separated_and_Divorced.pdf. He is at UBC and Canada’s foremost leading researcher on custody. An obvious solution to a non-cooperative parent is to withhold shared parenting and grant access only. The legislation accounts for these instances.

My 11 year old loves her mom and dad and has no trouble managing visits between homes. She desires equal time when she is not being alienated by mom.

On a further note which I am exploring is the following given the CBA is a lobby group and Nicholson is a member of this very same group.

The Canadian Bar Association is a powerful Lobby Group. Many of its members sit in Government, indeed in Cabinet, but yet they can freely lobby the government even in foreign countries. Here we have a member of the bar, flying to Ireland at tax payers expense, who is also a Cabinet Minister, being lobbied by his colleagues to not enact a private members bill that will ultimately cost them some business.

Heaven forbid that parents would have equal shared parenting rights on cessation of their marriage and spoil the average $25,000.00 these highly paid individuals receive from the average client, who can afford a "National" convention in the homeland of my ancestors. Ireland does appreciate the business, however, as their economy is one of the worst in Europe. The CBA knows how to bargain for the sweetest deals it can get.

These politicians who are lawyers, and there are many, and these lawyers who are all members of this lobby group called the Canadian Bar Association, tout the best interest of the child mantra which has no legal definition. They use it but don't subscribe to it. The best interest of the children is to have both parents in their lives pre and post divorce if they are fit. The legislation discusses fitness.

Do not let the CBA fool anyone. In practice these lawyers will abandon any client who runs out of the money they line their pockets with. Ask anyone who has been through family court and suddenly found they do not have the money to finish. Their lawyer opted out of the case and to hell with the best interests of the child. It is a canard. They are in it for the money not the children.


M. J. Murphy


Thursday, August 20, 2009

The Failure of the Canadian Courts






By Jeffrey Asher
18th August 2009

To our elected Representatives,

Feminist jurisprudence, antagonistic to the family, dominates Canadian criminal and family courts. As a result of these state - sanctioned policies, fathers – who have committed no fault - are routinely ejected from their homes and the lives of their children on nothing more than a spurious and often vindictive accusation.

Without mercy, decent fathers are sent to prison cells without due process and in violation of constitutional protections. Without credible evidence of wife accusations, and deprived of a legal opportunity for defence, judges routinely impose restraining orders. Fathers typically squander hundreds of thousands of dollars in a futile defence, which should have benefited their children and allocated to their old age.

Judges routinely deprive fathers of the work of their lives, in founding a home, income and a family. Fathers and children are deprived of mutual care and love, their lives irreparably shattered. Many fathers, deprived of the care and love of their children succumb to alcoholism, depression and suicide. Few dictatorships function as ruthlessly in tearing the family asunder.

These arbitrary criminal measures, aimed exclusively against fathers, presume guilt before due process, and result in injustice contrived by a hostile and manipulative wife. These arbitrary measures, founded in feminist jurisprudence, are systematically enforced by the police and Crown Attorneys. Feminist politics contravene every just law enacted in the Western democratic heritage.

Jeffrey Asher
FathersCan (Ottawa)

Ottawa women's shelters overwhelmed by more than 50 requests a day: report

More propaganda promulgated by the MSM. My letter to the editor follows with further comments below.

Shelley:

re: http://www.ottawacitizen.com/news/Ottawa+women+shelters+overwhelmed+more+than+requests+report/1901825/story.html

The self righteous outrage at this affliction only women seem to suffer is only greater than the credibility gap of those involved in its production. These figures are never audited and no politician dares to suggest they ought to be looked at with closer scrutiny to verify them.

The academics involved in these stories have a vested interest in more tax dollars going to shelters and to keep funding the billions involved in this industry nation wide including the hundreds if not thousands of studies done nationwide to find the "cure" by these same academics. How come the cure isn't available? Simply because the treatment isn't designed to cure it - as then all these proponents would be unemployed. No cure will be found for any disease if 50% of the problem is ignored - that being the other party whether same sex or hetero. Did you know lesbian IPV was greater than hetero? How can that be when they are both female?
Violence by anyone against another is a serious business but these shelters and their advocates defy credibility with their notion of the massive victimization of women. How many abused men do they serve. Zero, None, Nada. As someone who was emotionally, physically and financially abused by a woman, who, when the time was right for her, waltzed out the door to the local shelter as part of her game plan to incite further abuse within the family court system. I am a cynic when it comes to the efficacy of such reports.

Men do call these shelters for help so presumably some of these calls are from the gender who has no where to go. Men can not get help from tax supported emergency shelters anywhere in Canada and if they want to escape they have no where to go that will accept children. Of the over 500 shelters in Canada not one accepts men alone or with their children. Most studies show DV is pretty much equal between genders but men are told to "suck it up" because your a man. I'm a man who withstood it for 14 years and to quote from one of my favourite movies "I'm mad as hell, and I'm not going to take it anymore." More men should be filing Human Rights Complaints against the discrimination because there is not one politician in the land with the gonads to fight this extremely egregious propaganda. It casts a pall over those people who are actually suffering from violence rather than differences of opinions between intimate partners.

Would you believe the so called science of the Duluth Wheel, used by all these shelters, insisting all men are perpetrators and all women are victims created with a sample size of 11 mostly self confessed abused women. It defies credibility and logic but is one of the foundations of new wave feminism which permeates the "believers" in the operation and advocacy of these shelters. We all know what happens when ideology trumps logic.

Mike Murphy



OTTAWA — In Ottawa each day more than 50 calls are made by abused women seeking shelter.
Last year, Ottawa’s seven women’s shelters received more than 18,600 phone calls for service.
These statistics are among the findings found in Hidden from Sight: A Look at the Prevalence of Violence Against Women in Ottawa. The report, released on Monday by the Ottawa Coalition to End Violence Against Women, paints a picture of abuse and sexual violence within relationships and homes.

Of the women seeking shelter, the vast majority will be turned away from the city’s over-crowded shelters.
In 2007, 613 women and 486 children fleeing domestic abuse situations were sheltered in Ottawa. However, 5,150 women were turned away because the shelters were full, according to the Community Foundation of Ottawa, which last year released Vital Signs 2008.

It was the alarming results of the Community Foundation report that prompted the Ottawa Coalition to End Violence Against Women to gather their statistics together to understand better violence against women in Ottawa.

Women’s shelters, sexual assault/rape crisis centres, counselling services, police and the hospital have always collected statistics on violence against women separately. Hidden from Sight brings this data together. The report consolidates data from 16 local agencies.

“We’ve been talking for years about the low level of awareness of what is really going on. So we’ve presented the data together for the first time,” says Holly Johnson, Professor of Criminology at the University of Ottawa and advisor to the project.

“The figures are staggering, especially when we consider that many women do not come forward for help. Therefore, they are not even counted in these statistics. As well, disturbing new trends are emerging, such as the numbers of men charged with forcible confinement of women partners.”

In 2007-2008, a total of 606 sexual assault cases were reported to Ottawa police. In addition to that startling number, Statistics Canada reports that only one in every 10 sexual assaults is actually reported. Prof. Johnson said we can predict the number of sexual assaults is closer to 6,000 in one year.

Serge
August 20, 2009 - 12:58 PM
Ms. Shelley Page,
• Ottawa has a population of 1 282 500 habitants ( 870 250 for Ottawa only). Let’s say we accept the fact that we have about 6000 abused women (613 in shelters and 5150 refused for no vacancy in these shelters as written in your article). It comes to a Domestic Violence ratio of 0,0047% a lot less than 1%.
• Concerning phone calls, 18 600 calls for a total possibility of 1 174 072 = 0,0145 % (0,0213).
• Since Juges in our justice courts find 68% of Domestic Violence cases not founded, how many of these calls ended in condamnation? Even more, if Courts consider 68% of these claims not founded, how many men and fathers falsely accused and destroyed ? Where are shelters for these fathers ? Where is the money for it ?
• Holly Johnson is a Professor of Criminology at the University of Ottawa. Professor Holly Johnson’s primary research interests include sexual violence and intimate partner violence with criminal justice responses, and methods of measurement. She was principal investigator of Statistics Canada’s first national survey on violence against women and is a coordinator of the International Violence Against Women Survey. She is also working about «Feminist theory and gender theory».
Obviously her belief is that domestic violence is only a men business. So how can she be impartial about it ? All statistics (from Statistics Canada as well as from Institut de Satistique Québec and about 130 other scientific documents across the world) report a 50-50 rate of violence among men and women. Did she explore the possibility of Domestic Violence perpetrated by women ? Where? How many of them ? 10 000 falsely accused fathers in Quebec and destroyed every year is it Domestic Violence ?
Did she only went to Los Angeles, California this year, on June 26th, to share with specialists on Domestic Violence Murray Strauss, PhD, Deborah Capaldi, PhD, Don Dutton, PhD, Daniel O'Leary, PhD or Sandra Stith, PhD and others her views about the subject. She would have realized that her datas don't correspond with the last research.
In California, she would have had the opportunity to talk to Errin Pizzey Founder of the Domestic Violence Shelter Movement which views are completly at the opposite to hers.
Feminist lobbies gave all sort of false datas for the past 30 years. Infortunately, journalists didn’t take enough time to verify these statistics, how they were collected, by who ?. They should have.
No doubt about it, Domestic Violence exists, both ways, and we will not correct the situation if we are one side blinded by feminist lobbies.


Denis Pakkala
August 20, 2009 - 9:18 AM
Women's shelters spread misandry and do not address the very significant problem of female abusers and male victims. These shelters should be taken over by the goverment and offer services to ALL Canadian citizens, without gender discrimination.
National Family Violence Legislative Resource Center Policy Statement on Family Violence
“Reports from the WHO (Archer, 2006) also make it clear than in many countries around the world, particularly where women have little political or socioeconomic power, women represent the much larger share of IPV victims. However, the most reliable population of surveys indicate that in Western industrialized democracies such as the United States and Canada, where they enjoy higher status, women engage in physical aggression at rates comparable to men (Archer, 2000; Fiebert, 2004; Straus & Gelles, 1990) and are as likely or more likely to be the initiators (DeMaris, 1992; Morse, 1995; Dutton et al., 1999; Straus, 1993; Williams & Frieze, 2005).”
“Shernock’s (2005) analysis of over 2000 IPV incidents in Vermont revealed that men were categorized as perpetrators 3.2 times more often than women on the initial police report, but subsequently arrested 9 times as often. At issue is the extent to which this pattern of gender bias reflects flawed “dominant aggressor” guidelines and assumptions about IPV based on discredited sociopolitical theories of patriarchy”
“Victimized males do not have access to services because of the assumption that they are only minimally impacted by IPV, if at all. This assumption, however, runs contrary to an overwhelming body of research evidence. A significant minority of IPV-related physical injuries, between 25% and 43%, are incurred by men (Archer, 2000; Laroch, in preparation; Mirrlees-Black, 1999; Straus, 2004; Tjaden & Thoennes, 2000), and men are the victims in nearly a quarter of intimate homicides (Rennison, 2003)”
Mike Murphy
August 20, 2009 - 9:15 AM
The self righteous outrage at this affliction only women seem to suffer is only greater than the credibility gap of those involved in its production. These figures are never audited and no politician dares to suggest they ought to be looked at with closer scrutiny to verify them. The academics involved in these stories have a vested interest in more tax dollars going to shelters and to keep funding the billions involved in this industry including the hundreds if not thousands of studies done nationwide to find the "cure." Violence by anyone against another is a serious business but these shelters and their advocates defy credibility with their notion of the massive victimization of women. How many abused men do they serve. Zero, none, Nada. As someone who was emotionally, physically and financially abused by a woman, who, when the time was right for her waltzed out the door to the local shelter as part of her game plan to incite further abuse within the family court system I am a cynic when it comes to the efficacy of such reports.
Men do call these shelters for help so presumably some of these calls are from the gender who has no where to go. Men can not get help from tax supported emergency shelters anywhere in Canada and if they want to escape they have no where to go that will accept children. Of the over 500 shelters in Canada not one accepts men alone or with their children. Most studies show DV is pretty much equal between genders but men are told to "suck it up" because your a man. I'm a man who withstood it for 14 years and to quote from one of my favourite movies "I'm mad as hell, and I'm not going to take it anymore." More men should be filing Human Rights Complaints against the discrimination because there is not one politician in the land with the gonads to fight this extremely egregious propaganda. It casts a pall over those people who are actually suffering from violence rather than differences of opinions between intimate partners.
Mississauga Dad
August 20, 2009 - 1:20 AM
And in the whole country there are how many shelters for abused men - NOT A SINGLE ONE!!!
How many government dollars are available for programmes for abused men - NOT A SINGLE ONE!! Yet government statistics consistently and clearly show that the number of abused men is very nearly the same as that of abused women and is rising much faster than the number of abused women.
I am an abused father. My wife abused me verbally, psychologically, and physically over a number of years. She threatened to kill me in front of a CAS worker.
I have never abused my wife in any way. I worked every day to support her and my children. She hired a housekeeper so she wouldn't have to do housework. The kids were enrolled in a private school from the time they were 2 1/2 so they wouldn't be at home during the day. My wife then enrolled them in before and after school daycare so that the kids would only be at home when I was. I made the children's lunch the night before schooldays. I cooked supper for them at night. I spent the entire weekend, every weekend looking after our children and doing inside and outside chores. In 18 years of marriage my wife never once did my laundry. We were never wealthy - she felt she was 'entitled' to this lifestyle. She always refused to get a job of any kind.
There was ABSOLUTELY NOWHERE I could go for help or support. I could not leave the house because of my children. When this information was brought up by my lawyer and well documented in Family Court during divorce and custody proceedings the judge literally sat back in his chair and guffawed, saying "Ha. Ha. Ha. You look like a pretty big guy to me. You still look pretty healthy to me. I don't think she meant it."
Then to add to my abuse he ordered ME out of the house, gave custody of the children to my wife and ordered me to pay huge amounts of support based on "attributed" income.
Yes, there is a need for shelter and support for abused women - I don't deny that or begrudge that - BUT there is a much bigger need for some funding for support programmes and shelters for abused fathers and husbands.
Maybe if a few dollars could be made available to support abused men there wouldn't be over 2000 suicides a year by divorced and separated fathers and husbands who are abused not only by their partners but also by the laughable "Family Justice" system.
Paul
August 19, 2009 - 8:25 PM
All summer I followed a blog about domestic abuse which stated over and over again the issue was gun control. I would suggest people in the domestic violence industry should support the removal of the gun registry to look for additional funding.
People keep forgetting there is only so much money and people that live in the same circles that seek funding for shelters are also the same people that pushed for the gun registry.
Given the current political climate both conservatives and liberals could find common ground making Canadian citizens winners.
Paul
August 19, 2009 - 2:50 PM
All summer I followed a blog about domestic abuse which stated over and over again the issue was gun control. I would suggest people in the domestic violence industry should support the removal of the gun registry to look for additional funding.
People keep forgetting there is only so much money and people that live in the same circles that seek funding for shelters are also the same people that pushed for the gun registry.
Given the current political climate both conservatives and liberals could find common ground making Canadian citizens winners.
T.M.
August 18, 2009 - 6:38 PM
To Ms. Muonde: You have my respect and appreciation for helping women through the most devastating times of their lives. You have a front-line view in a sickening war.
My commentary is NOT a quibble about inflated numbers. It is a criticism against those groups who wilfully present information in deceptive manner, so as to abuse the community's trust, with the sole purpose of profiting from poorly allocated tax dollars.
Those tax dollars have to be used for services to people who require them. Instead, they are wasted on these illiterate and innumerate reports and the salaries of those who produce them. Shame on Shelley Page and the Citizen for foisting the distortion on the public 2 years in a row.
And, Ms. Muonde, if it were up to me, I'd be funding you, not them.
Concillia Muonde , SASC OTTAWA
August 18, 2009 - 5:50 PM
The level of ignorance our society has on the realities of violence against women is appalling. The significance of the numbers of women who are turning to shelters says more about the society we live in. Here are the questions we should all be asking: Why do we allow violence against women in our community? What responsibility are we taking to make sure no one needs a shelter? What are we doing everyday to prevent violence against women? If we seriously ask ourselves these questions, we will not be arguing about the numbers being inflated, or women faking abuse and so forth and so on.
Violence against women is everyone’s problem, we all need to act.
T.M.
August 18, 2009 - 3:24 PM
This one-year follow-up is very interesting. It clearly shows that neither the loudest activists on the issue of violence against women, nor the shelters themselves, have done anything at all over the past year to help their clients.
Just a year ago, these same numbers were shown in their proper light, as criticism rained down on the "Vital Signs" report.
A look at this year's report reveals the same abuse of mathematics for the sake of sensationalism and renewed funding for the report writers.
"It is estimated that in a single year the 7 shelters collectively receive over 18,600 phone calls for service, averaging just over 50 calls per day in Ottawa." What Shelley Page and the report fail to point out is that there is no central phone number for a woman to call when she is seeking shelter! If all the shelters are full, one person will make 7 calls (at least) in one day, and be "turned away" 7 times.
A simplest fix to actually HELPING women would be to establish a single phone number. This same solution was proposed by sensible critics of "Vital Signs", yet nothing was done. All of the recommendations included in this year's report are concerned with the funding for more data collection and more reports.
It's time for the governments to use our tax money to help women in need, rather than self-perpetuating women's organizations who help nobody.
mt
August 18, 2009 - 1:15 PM
It is sad how uneducated so many posters are on this issue. The truth of the matter is, prostitutes and drug addicts also need a place to lay there heads. They have children too and they may also find their way into abusive relationships. As to whether or not the aggressors are immigrant men, I am sure some are, but the reality it, Canadian men are awfully good at abusing women. The numbers for violence against men by women: VERY low. Seriously, all this information is out there. Am I the only one who can read?
Michel
August 18, 2009 - 12:27 PM
I cannot help but wonder about the so-call priority of our elected officials... on one side, we have women shleters turning away vulnerable individuals, because they don't have the financial resources... on the other hand, we have politicians wasting millions of dollars on the gun registry...
truthfulness
August 18, 2009 - 6:04 AM
I can't believe people imagine living in a shelter with all its risk (bad ones ) to be fake , peole who decide to go to shelter are either homless or have no choice (and no money at all and no family to run away to ) which means they deserve to be in, I don't want to say bed bugs and addictd people go there with their drugs, sniffing and drinking just on the door of the shelter but the truth is they do, no mother will ever accept to go unless she is abused realy bad
Bruce
August 18, 2009 - 2:38 AM
I wonder how many shelters could have been built with the $2 BILLION wasted on the failed, useless Firearms Act?
JayPea
August 17, 2009 - 9:32 PM
Out of interest. How many assaults against men by women?
afterfostercare
August 17, 2009 - 7:07 PM
How many of these children end up in foster care? Why does a victim parent in an abuse situation have to lose their child because the "failed to protect their child" or because the child was exposed to abuse. Why does the law not apprehend the abusing partner, regardless of their sex and take them into a group home.

Vellacott calls for Canadian Bar Association to play constructive role in equal parenting debate

Maurice Vellacott, MP
Saskatoon-Wanuskewin

For Immediate Release August 20, 2009
OTTAWA – MP Maurice Vellacott (Saskatoon-Wanuskewin) today called for the Canadian Bar Association to play a constructive role in the unfolding debate on equal parenting following divorce, in response to negative tones raised at the annual meeting of the CBA being held in Dublin, Ireland.

Echoing Justice Minister Rob Nicholson’s statement at the conference that best interests of the child must indeed be paramount in family law, Vellacott pointed out that “the central problem being addressed in my Private Member’s Bill is quite simply that ‘best interests of the child’ are not defined in the Divorce Act.”

“It’s like having a car without an engine and a steering wheel, in which the only way to move the car is with lawyers pushing and judges supposedly steering, all of which is done at great expense to divorcing parents and taxpayers,” he continued. “It’s simply not fair to Judges, taxpayers, parents, and least of all the children of divorce,” he added.
“The unsubstantiated views voiced by a few CBA members at the conference are not constructive” Mr. Vellacott noted in reference to calls made by Meg Shaw reportedly on behalf of CBA to reject Bill C-422.

“It’s time for a reality check. First, Canadians overwhelmingly support shared equal parenting according to polls. Secondly, social scientists have long confirmed that this arrangement is generally the optimal outcome for children as well as parents. Third, children themselves prefer continuity of relationship with both parents and associated family. Fourth, all political parties agreed 10 years ago in the “For the Sake of the Children” report that shared equal parenting was the way to go. Fifth, all indications point to growing non-partisan consensus in this parliament that it’s time to address commitments made by all parties a decade ago.”

“Let me state for the record that Bill C-422 reflects extensive input from the Canadian extended divorce community, whose members well understand the realities of family law through trial by fire. In many ways, it is they who are the experts, and I also call upon all Members of Parliament to accord them the long overdue status as primary stakeholders in this complex issue,” Vellacott emphasized.

Vellacott noted, “Working with the Canadian Equal Parenting Council, a coalition of 40 organizations, we have developed legislation that not only defines decision criteria for the best interest of the child, but also faces up to the contentious issues of child abuse and inter-partner violence. It represents a solid down payment for long overdue reform in family law.”

Vellacott concluded, “I now call upon Mr. Kevin Carroll, the incoming president of the CBA, to join us in constructively refining the legislation. This is not only for the sake of the children, but ultimately for the sake of all Canadians.”
– 30 –
For more comment, call Maurice Vellacott at (613) 992-1966; (613) 297-2249; or contact Prof. Edward Kruk, M.S.W., Ph.D. at edward.kruk@ubc.ca; 604-822-2383, lawyer Karen Selick at karen.selick@sympatico.ca; 888-877-2154 (fax) or Toronto family law lawyer, Gene C. Colman at 416-635-9264.

Canada needs judges, justice minister says ~ But apparently not Dads

Nicholson is in the news but has apparently back peddled on the statements by O'Neil in the following story with respect to PMB C-422. I will provide my own analysis and opinion as we read through the missives.

Firstly it is clearly nice for a lobby group like the CANADIAN Bar Association holding a convention offshore in another country to get the Justice Minister of Canada to provide a key note address. Secondly how should one view a person who is a member of this same lobby group pandering in the manner he did. Thirdly, I thought there were laws preventing this kind of potential corruption when politicians deal with lobby groups, especially also being a member of the same group. Does the Minister of defense consort with and provide personal opinions from the defense contractors association? On the surface is does appear innocent but probe deeper and I think you will find a change in the law such as C-422 proposes may do lawyers out of some business. Has Nicholson been "played" as a sap by his brethren? It wouldn't be the first time a politician has suffered such a malady.

Inasmuch as my heritage is Irish I do hold this country in high esteem. You do have to ask yourself, however, how do you get the highest justice official in the land to travel to a foreign country at tax payers expense, including men who pay the vast majority of same, and categorically state he does not believe his own gender is equal when it comes to parenting?

He touts the undefined "In the best interest of Children" which means just about anything to the specific judge dealing with custody orders. Its like mom and apple pie. Nicely stated, poetic and morally of the highest order but elusive - except for apple pie. When you eat it you know if its good or bad and when its good - its the best. We all know not all moms are good just as not all dads. In IPV things are pretty much equal between genders with Lesbians having a higher rate. I note one female lawyer indicates an old canard which means how could we ever give men equality as they will abuse unprotected children.

“Will you stand up for children and oppose this private member’s bill?” asked Meg Shaw of Kelowna, B.C.

Shaw, in her question, said Vellacott’s bill “seems appealing,” but said that experience in other jurisdictions shows that a shift in focus would mean children wouldn’t be adequately protected.

Does she refer to feminist shrieking in Australia? Shaw as usual cites not one credible source for this comment.

What gets overlooked is the mom is the biggest abuser and killer of children in the USA and OZ.

I remain befuddled by this kind of political posturing concerning our children but cynical to the core. Politicians are chameleons and change as often as it is necessary to get re-elected. After all it isn't principle its popularity. After the article I will show a letter I received from this same Minister carefully crafted as only professional letter writers in the upper echelons of power can achieve. They are good at what they do and Minister's rely heavily on their craftsmanship - or is that craftspersonship?

Canada needs judges, justice minister says

Peter O’Neil, Europe Correspondent, Canwest News Service Published: Monday, August 17, 2009

Canada's Justice Minister Rob Nicholson speaks during Question Period in the House of Commons on Parliament Hill in Ottawa June 8, 2009.

Chris Wattie/Reuters Canada's Justice Minister Rob Nicholson speaks during Question Period in the House of Commons on Parliament Hill in Ottawa June 8, 2009.

DUBLIN -- Canada needs more judges, Justice Minister Rob Nicholson said here Monday while taking sometimes critical questions from the country's legal community on the Harper government's tough-on-crime agenda.

Mr. Nicholson was speaking to the Canadian Bar Association at its annual meeting in Ireland's capital.

"As I point out to my colleagues, the country keeps getting bigger, the issues are getting more complicated, and you know there are more demands" on the justice system, Mr. Nicholson told CBA members.

"We need to have more judges."

The minister, who was being asked about the shortage of family court judges, acknowledged that there was a particular problem in the Canadian North.

He noted that a bill passed last year was the first piece of federal legislation to increase the number of judges since 1991.

Mr. Nicholson was referring to an amendment to the Judges Act to increase by 20 the number of provincial and territorial superior court judges across the country as part of a plan to reduce court backlogs and case delays.

Mr. Nicholson also said Monday he doesn't support a backbench Conservative MP's private member's bill that would shift family law in Canada to give fathers more rights in custody disputes. He won a cheer from CBA members for saying he supports the current principle in Canada's Divorce Act that the interests of the children must prevail.

Liberal MP Brian Murphy, vice-chairman of the House of Commons justice committee, said he was pleased with the minister's declarations on both issues.

Mr. Murphy, who is attending the CBA annual meeting, said Canada needs more and better-trained judges, particularly in areas such as family law and in complicated areas like internet crime.

Several lawyers who grilled Mr. Nicholson on other matters, such as the government's new policy on clemency for Canadians facing the death penalty in foreign countries, were less satisfied.

The minister said he'd pass on CBA's objections to that policy, which was described Sunday as unprincipled and inconsistent, to Foreign Affairs Minister Lawrence Cannon, whose department issued the policy statement.

He also wouldn't say whether the government would accept a Federal Court of Appeal ruling Friday ordering Ottawa to make diplomatic efforts to repatriate accused terrorist Omar Khadr from the U.S. military prison in Guantanamo Bay. The CBA has been pushing Ottawa to return Mr. Khadr to Canada.

My letter to the editor of the National Post:


The Canadian Bar Association is a powerful Lobby Group. Many of its members sit in Government, indeed in Cabinet, but yet they can freely lobby the government even in foreign countries. Here we have a member of the bar, flying to Ireland at tax payers expense, who is also a Cabinet Minister, being lobbied by his colleagues to not enact a private members bill that will ultimately cost them some business.

Heaven forbid that parents would have equal shared parenting rights on cessation of their marriage and spoil the average $25,000.00 these highly paid individuals receive from the average client, who can afford a "National" convention in the homeland of my ancestors. Ireland does appreciate the business, however, as their economy is one of the worst in Europe. The CBA knows how to bargain for the sweetest deals it can get.

These politicians who are lawyers, and there are many, and these lawyers who are all members of this lobby group called the Canadian Bar Association, tout the best interest of the child mantra which has no legal definition. They use it but don't subscribe to it. The best interst of the children is to have both parents in their lives pre and post divorce if they are fit. The legislation discusses fitness.

Do not let the CBA fool anyone. In practice these lawyers will abandon any client who runs out of the money they line their pockets with. Ask anyone who has been through family court and suddenly found they do not have the money to finish. Their lawyer opted out of the case and to hell with the best interests of the child. It is a canard. They are in it for the money not the children.


M. J. Murphy



http://www.nationalpost.com/news/canada/story.html?id=1901879

Letter to the Editor - National Post 19/8/09

http://www.nationalpost.com/related/topics/story.html?id=1906660

Playing politics with our kids

National Post Published: Wednesday, August 19, 2009

Re: Children Should Be Top Priority In Divorces: Minister, Aug. 18.

It was comforting to see Justice Minister Rob Nicholson's response [ "I believe ... that the best interests of the child are always paramount"] to one of the lawyers of the multi-billion dollar divorce industry who was luxuriating in the hotels of Ireland for the Canadian Bar Association's "national" meeting.

The current divorce system results increases child suicide, drug usage, teenage pregnancies and poverty while lowering educational achievement. It is clear that the current system is structured to be more in the lawyers' best interests than those of our children.

It is time to stop playing politics with our kids.

Brian Jenkins, Mississauga, Ont.

The letter via email I received from Mr. Nicholson.

fromMinisterial Correspondence Unit - Mailout
sender timeSent at 08:57 (GMT-04:00). Current time there: 10:28.
tomike.murphy@nospam.ca
date12 August 2009 08:57
subjectCorrespondence from the Minister of Justice and Attorney General of Canada
Dear Mr. Murphy:

Thank you for your correspondence concerning family law.

I regret the delay in responding. I sympathize with the difficult situations that may arise as a result of separation or divorce, particularly when children are involved. As Minister of Justice and Attorney General of Canada, I am mandated to provide legal advice only to the federal government. I hope you will understand that, for this reason, I cannot comment on specific cases, or intervene, or otherwise become involved in matters of a private nature. Family law in Canada is an area of shared jurisdiction.

The federal, provincial, and territorial governments have the common goal of creating an improved, less adversarial family justice system across Canada. I would like to assure you of the Government’s commitment to making the family justice system as fair as possible for all concerned. While the federal government indeed takes the lead in proposing ways to achieve this goal, addressing these issues is a collaborative effort with the provinces and territories.

The Government supports a child-centred policy that will encourage parents to fulfill their responsibilities to their children in a way that will promote their children’s best interests. I particularly note your comments regarding gender equality in the family justice system. As you may be aware, the Divorce Act directs the court to make decisions on parenting arrangements based only on the best interests of the child, which is the core principle of family law.

Custody and access may be awarded to either parent, regardless of gender, or to both parents jointly. The Act does not favour either parent in making this determination. Your suggestion that the Divorce Act should be amended to make shared custody presumptive has been noted and will be given every consideration. However, the courts already have the discretion under the Act to order that custody be shared if they consider it to be in the child’s best interests.

Similarly, there is nothing in the Act that prevents parents who can agree on shared custody from making that arrangement for their children. As set out in the Act, the best interests of the child must take precedence in all court decisions involving custody and access. When making a decision about a particular case, courts must assess the means, needs and other circumstances of the child based on the facts brought before them. A parent’s past conduct cannot be taken into consideration unless it directly affects his/her ability to act as a parent.

Although the Divorce Act is a federal law, the provinces and territories are responsible for implementing it. I note that you have already sent a copy of your correspondence to the Honourable Chris Bentley, Attorney General of Ontario, who is responsible for the administration of justice in your province and the appropriate authority in that regard. I also note your support for Bill C-422, An Act to amend the Divorce Act (equal parenting) and to make consequential amendments to other Acts.

As you may be aware, Bill C-422 was introduced into the House of Commons by Conservative Member of Parliament Mr. Maurice Vellacott on June 16, 2009. As a Private Member's Bill, it will be debated in accordance with the rules of the House of Commons for Private Members' Business. Please be assured that the Government of Canada is committed to working with the provinces and territories with a view to resolving the many complex issues that arise both during and after separation and divorce.

Thank you again for writing and sharing your concerns.

Yours truly,

The Honourable Rob Nicholson

This is truly a well crafted document and as a former "crafter" of same when I was in public service I am impressed. It gives lots of information but is, as usual, non-committal. It describes split jurisdiction and then passes the buck to the Province. The Provincial's do the same thing in reverse. We have a federal law implemented by the provinces by federally appointed judges working in provincial court houses. These same judges receive a federal pension on retirement. Interesting federation we have don't you think. It almost appears as though it was specifically designed to be able to blame other politicians at other levels for the problems. It sometimes makes me wonder why we need a federal system at all if all they do is pass the buck and transfer wealth. I am being just a tad rhetorical on that point.

Here is an update AKA as "spin doctoring" from the Minister's PR apparatchik. Note she states
"strong families are the foundation of our society" yet our families are failing and children suffer the consequences at alarming rates. Look at the negative social outcomes for children in single family female homes. It is appalling. The best interest of the child mantra is carefully crafted "spin". If they really believed this better care and resources would be assigned to prevent family breakdown and save families from destruction at the very hands of the lawyers Nicholson was pandering to. They love the adversarial system pitting one parent against the other with children as the prizes. It is a dysfunctional and utterly morally bankrupt method of child disposal. In 90% of court ordered cases the children become chattels of mom allowing control by mom of dad for the rest of his natural life if he doesn't commit suicide.

The comments made by the Minister were taken out of context and editorialized in the report by Mr. O’Neill on August 18th. Mr. Velacott’s private member’s bill on the issue of equal parenting, Bill C-422, is being reviewed, but the Government has not taken a position at this time.

Children require love, attention, a safe environment, and financial support. Most children want and need contact with both their parents, even after a divorce. For this reason, our Government supports a child-centred policy that encourages parents to exercise child-rearing responsibilities in a way that will promote their children’s best interests.

We believe that strong families are the foundation of our society and that the best interests of the child are paramount. Our Government is committed to promoting positive outcomes for the entire family during separation or divorce.

Thank you,

Pamela Stephens
Press Secretary / Attachée de presse
Office of the Minister of Justice / Cabinet du ministre de la Justice
and Attorney General of Canada / et procureur général du Canada
Tel/tél (613) 992-4621
Fax/tél (613) 990-7255
pamela.stephens@justice.gc.ca