litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Mar 16, 2007 20:52:53 GMT -5
Habeus Corpus in Child Protection
As we all know the CAS does not like children being able to make their true wishes known to the court, especially if a child in care wishes to return to the parents home against the wishes of the CAS. They prefer to have the morally corrupt lawyers at the OCL speak for the children and utter lies to the court on the child's behalf. (thats Office of the Children's Lawyer for those who do not know) A writ of habeus corpus compels the CAS to bring the child to court to either testify and give evidence or at the very least be interviewed by the judge to determine if the CAS is unlawfully detaining your child against his or her wishes.
Habeas Corpus Procedure for obtaining a judicial determination of the legality of an individual's custody. Technically, it is used in the criminal law context to bring the petitioner before the court to inquire into the legality of his confinement. The writ may be used in civil matters to challenge a person's custody of a child this includes the Children's Aid Society The writ of federal habeas corpus is used to test the constitutionality of a state criminal conviction. The writ is used in the civil context to challenge the validity of child custody and deportations.Habeas corpus relief may also be used to obtain custody of a child
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Mar 17, 2007 6:59:21 GMT -5
If you have a child that is in care of the CAS all may not be lost. The writ of Habeus Corpus could allow the one thing that will win your case for you, your child being able to speak for themselves.
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Post by guest on Mar 17, 2007 9:21:39 GMT -5
www.canlii.org/on/laws/sta/h-1/20070117/whole.htmljust some light reading..lol LITIGATOR, is Habeas Corpus the same as a Writ? I have part of the book The Law of Habeas Corpus in Canada...by D.A. Cameron Harvey, B.A., LL.B., LL.M. One more question is...Does HC have to be filed in criminal court, as it has to do with a criminal offence? (detaining against the will of a person)
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Mar 17, 2007 10:00:33 GMT -5
Although generally applied for in the criminal context, the procedure is much the same for applying for a writ of habeus corpus in a child protection context. The Attorney General must be given written notice and has the right to attend and be heard. Essentially you are asking on the child's behalf that the judge thoroughly examine if the reason for the child being detained is lawful or if it is unlawful and against the child's own wishes. If there are no VALID protection concerns identified the judge would likely return the child home, likely with conditions of supervision but the child would not remain in CAS care and that is something we all want to avoid.
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Post by guest on Mar 17, 2007 10:23:02 GMT -5
Thank you for the information, it makes more sence when you say it like that.
I would like to thank you for all your information you give to the members and guests on this site, you really are making a difference in families lives.
Lorna
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Post by td on Mar 17, 2007 10:42:23 GMT -5
dito!
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Post by Dean Robinson on Mar 17, 2007 12:00:55 GMT -5
[urlhttp://www.canadacourtwatch.com/legal_documents/Habeas%20Corpus%20in%20Canada.pdf][/url] here is the paper work on this print it out
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Mar 17, 2007 14:04:31 GMT -5
In order to obtain a writ for Habeus Corpus you must first petition the court. Below is a sample of some of the forms of asking for a Writ. This is from the Elian Gonzales matter.
Petitioner respectfully prays that a Writ of Habeas Corpus issue for the release of Elian Gonzalez from restraint by Respondent, his agents and successors, and by such other Respondents as may be added to this Petition by Amendment, which restraint hinders or prevents his return to the lawful care, custody and control of his father, Juan Gonzalez, regardless of where said father chooses to reside with Elian.
In what cases hab. corp. ad subjiciendum may be awarded, and by whom
1. (1) Where a person, other than a person imprisoned for debt, or by process in any action, or by the judgment, conviction or order of the Superior Court of Justice or other court of record is confined or restrained of his or her liberty, a judge of the Superior Court of Justice, upon complaint made by or on behalf of the person so confined or restrained, if it appears by affidavit that there is reasonable and probable ground for the complaint, shall award a writ of habeas corpus ad subjiciendum directed to the person in whose custody or power the person so confined or restrained is, returnable immediately before the judge so awarding the writ, or before any judge of the Superior Court of Justice. R.S.O. 1990, c. H.1, s. 1 (1); 2006, c. 19, Sched. C, s. 1 (1).
Notice of application for writ of habeas corpus
(2) Notice in writing of every application for a writ of habeas corpus ad subjiciendum shall be given to the Attorney General at least forty-eight hours before the making of the application and the Attorney General is entitled as of right to be heard either in person or by counsel upon the application. R.S.O. 1990, c. H.1, s. 1 (2).
Service of writ
2. The writ may be served either personally by actual delivery thereof to the person to whom it is directed or by leaving it with his or her employee or agent at the place where the person is so confined or restrained. R.S.O. 1990, c. H.1, s. 2.
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Post by julebran on Apr 21, 2007 4:17:23 GMT -5
Hi, Could you please tell me more about habeas corpus? I would like to ask my lawyer about this..I know my son(who is ten) is not happy in that foster home of his and I am trying everything I can think of to fight the CAS in court this coming Tuesday..I received a letter from the Premier today, as I wrote an email to him through his website, just letting him know what's going on with me and asking when he is going to do something about the CAS and their underhanded tactics and he just said in the letter he wishes my family well and to deal with my problem at court...I talked today also to the child advocate of the Child Advocacy Office and she even mentioned to me that I have been writing letters to everybody but did listen to my concerns about my son being in CAS care...This is my mission, to let everyone know what's going on..this is what is supposed to stop abuse, bringing it out into the open.Right??..I am writing my thoughts down , my answer back to CAS' attack on my character and mental health. My son's treatment foster care worker is not a psychologist and has no business diagnosing me on visits. She has called me, "paranoid", and that I have "distorted thinking", etc.Where does CAS get these people from?..Does she think I am schizophrenic now?? I am not.... I get that at my Co-op by a neighbour and president of the Co-op's Board, who thinks she's a psychologist. She was a psych nurse, I have been told, so that explains everything...I believe CAS is telling negative things about me to my son...The child advocate I talked to today did seem concerned when I told her some of what my son's treatment foster care worker was saying and doing on our visits...How can people be so mean and wicked? Thanks for listening to me..I think this website is a good thing and I am just trying to reach out to others..Thanks. Julie
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