This is the conclusion of the creative non-fiction narrative of quantum events.
I’ll be honest, it probably would have been easier to write this blog if my criminal trial outcome was different. I prepared for the worst. This child protection agency was burying me, and I figured at some point they would succeed. They kept bringing different types of court proceedings forward. When they lost entirely in family court, they kicked up the pressure in civil court. When I started winning motions there, they reported me to my regulating body, all the while stalling and dragging out the criminal trial over four years. I do not think a single week has gone by over the last four years, where I was not served a document or spent lengthy amounts of time in email and telephone discussions with various opposing counsels. It is usually a junior associate that engages me in these talks, but it will be the senior partner that does the talking at any kind of hearing. I have been learning how these big Bay Street law firms work and it is surprisingly a lot like the movies. In fact, I find out one of my favorite law shows was filmed in the same building as one of the law firms I am battling.
I am the most emotionally, mentally, physically, and financially exhausted I have ever been in my life. I have so far managed to keep my head above the swirling seas of procedural waters they expected me to drown in. I learned that it was easier to learn the concepts behind the law than it was to decipher the law itself. At least understanding the concepts made understanding the legislation a lot easier. Side effects of long nights reading law and drafting submissions may include an inability to carry on casual conversations without thinking critically about the elements of the subject matter being spoken to and increased tolerance to improper sentence structure. I used to be an annoying word girl. Now I am just an annoying law and fact girl. My husband tells me the latter is far more annoying.
I was not entirely alone, legally that is. I was able to find a lawyer to represent me in the criminal trial. He came out of nowhere and just in time. I was about to give up. We spent that first weekend hammering out an affidavit over phone and email and I found someone to commission it on a Sunday afternoon. Court the next day saw this ninja-warrior lawyer make the first real win in the case. This was the first time I saw a glimpse of the justice I was working so hard towards.
And in the end, the criminal trial lasted only two days. It was almost ten months before the decision was released. My lawyer called me with the news. I have been acquitted on all counts. I have so much more to say, and no longer have release conditions preventing me from saying it. I’m just too tired to do it right now. You can read the Judge's final decision and reasons on our home page here.
These techniques are designed to help you help an entitled jerk at the grocery store understand why it is important to treat the store employees with respect and challenge them to change the way they interact with them and the general public.
An entitled jerk at the grocery store is a person just like you and me. We are all struggling with new normals from this pandemic, but this is no reason to treat someone badly. Tell an entitled jerk at the grocery store that you understand their frustrations and praise them for their efforts of physical distancing or for wearing a mask. We are all trying our best and appreciate the steps an entitled jerk at the grocery store has taken to keep themselves and yourself safe. Always remember to keep a safe distance and avoid speaking moistly at all times.
Ask an entitled jerk at the grocery store about his or her background. Why are they shopping at the store? Are they picking something up for someone stuck at home? Who are they putting at risk if they get kicked out of the store and can no longer shop? This may help an entitled jerk at the grocery store to realize how their behaviour may be pushing them away from their goals. Even if an entitled jerk at the grocery store does not answer, they will still begin to think about change and reasons for or against it.
Rolling With Resistance
An entitled jerk at the grocery store may not answer your open-ended questions. Do not demand answers. Instead, just ask different questions. If an entitled jerk at the grocery store gets defensive, change the topic. You may never get an answer, but these questions may start other conversations with people waiting in line and lessen the hostile atmosphere created by an entitled jerk at the grocery store.
Support Self Efficacy
Commend an entitled jerk at the grocery store if they treat you or others with respect. Reinforce this behaviour whenever possible. Eventually, an entitled jerk at the grocery store will realize they are capable of treating others with respect and the challenge of change will be realized.
To learn more about Motivational Interviewing, check out,
It has almost been a month since they announced school closures due to Covid-19. I had just arrived at an open house I was hosting for a program I facilitate when I heard the news. Someone had sent me a text message about it earlier, but I just assumed it was fake news. I was looking forward to a night of talking shop with some of my favorite community leaders in the social services world. Instead, we spent the night eerily repeating how very weird this new news was. This was the start of the new normals we would soon all face.
The next day was a Friday, and the school closures weren’t set to kick in until after March Break the following week. I thought this would be the last day of school for my four children for awhile and so I drove them to school this day and told them to bring as much home as possible, with emphasis on their indoor shoes. There was hardly anyone in the normally over-filled parking lot that morning. There was a teacher supervising the children coming off the bus. I joked to her saying that it didn’t look like it was going to be a busy day. She didn’t laugh but instead said she thought this was going to be a day we would all remember. Another eery vibe of what was coming.
I did my normal business day thing, and eventually caught up with the news that night. That is when the gravity of the situation started to sink in. If the kids should not be in school, then maybe I should not be facilitating a group in the coming weeks. I work in social services and the implications of what the news was saying, were far-reaching, to say the least. Everything changed. The next week announced several closures. Very quickly I erased things off my giant to-do list on my whiteboard at home. By the end of the week, the only things left on my board that I could do were buy a cinnamon shaker and do my taxes.
The next few weeks were all about rebuilding. Almost as quickly as my whiteboard emptied, I filled it with new things. I figured out how to do my own taxes online but decided the cinnamon shaker was non-essential. I reinvented my world around self-isolation with my family. It’s taken almost a month, but I have adapted. I’ve written a lot about adapting to new circumstances, but I never realized that writing was my way to adapt.
Fallacies are common errors in reasoning that will undermine the logic of your argument. Fallacies can be either illegitimate arguments or irrelevant points and are often identified because they lack evidence that supports their claim. Avoid these common fallacies in your own arguments and watch for them in the arguments of others.
Slippery Slope: This is a conclusion based on the premise that if A happens, then eventually through a series of small steps, through B, C,..., X, Y, Z will happen, too, basically equating A to Z. So, if we don't want Z to occur, A must not be allowed to occur either.
Example: “If they change to parallel parking downtown, no one will want to park there and shop and so all of the stores downtown will shut down and the town’s economy will collapse.”
In this example, the author is equating parking orientation to the economic stability of the town, which is unrelated.
Hasty Generalization: This is a conclusion based on insufficient or biased evidence. In other words, you are rushing to a conclusion before you have all the relevant facts.
Example: “Even though it's only council’s first major vote, I can tell that every decision they make will be wrong.”
In this example, the author is basing their evaluation of town council’s entire four-year term on only one issue. To make a fair and reasonable evaluation the author must not look at one issue, but several issues addressed by council over a period of time.
Post hoc ergo propter hoc: This is a conclusion that assumes that if 'A' occurred after 'B' then 'B' must have caused 'A.'
Example: “The newest closure of a downtown business happened immediately after the tender for option two was awarded, so they must have closed shop because option two was going forward."
In this example, the author assumes that if one event chronologically follows another, the first event must have caused the second. But the closure of the business could have been caused by other legal processes in place long before the tender was awarded. There is no reason, without more evidence, to assume that the awarding of the tender for option two caused this business to close.
Circular Argument: This restates the argument rather than actually proving it.
Example: “Coun. Jay Brennan is a good communicator because he speaks effectively.”
In this example, the conclusion that Coun. Jay Brennan is a "good communicator" and the evidence used to prove it "he speaks effectively" are basically the same idea. Specific evidence such as using everyday language, breaking down complex problems, or illustrating his points with humorous stories would be needed to prove either half of the sentence.
Either/or: This is a conclusion that oversimplifies the argument by reducing it to only two sides or choices.
Example: “You are either for the angled parking protests or you are against democracy.”
In this example, the two choices are presented as the only options, yet the author ignores a range of choices in between such as joining committees, delegations, proper petitioning or letter writing to engage in the democratic process.
Ad hominem: This is an attack on the character of a person rather than his or her opinions or arguments.
Example: “Parallel parking supporters are not credible and therefore not entitled to have an opinion of any kind”
In this example, the author doesn't say why parallel parking supporters are not credible, much less evaluate their views on any kind of merit. Instead, the author attacks the characters of the individuals in the group.
Ad populum/Bandwagon Appeal: This is an appeal that presents what most people, or a group of people think, in order to persuade one to think the same way. Getting on the bandwagon is one such instance of an ad populum appeal.
Example: If you truly love the town, you must put a “keep angled parking” sign in your storefront.”
In this example, the author equates loving the town, a concept that people want to be associated with, particularly small businesses, with having to support a certain orientation of parking.
Red Herring: This is a diversionary tactic that avoids the key issues, often by avoiding opposing arguments rather than addressing them.
Example: “Angle parking may be unsafe in the downtown core, but what will businesses do to support their families when they go out of business from having slightly less convenient parking spots in front of their stores?”
In this example, the author switches the discussion away from the safety of the street and talks instead about an economic issue, slightly less convenient parking downtown impacting businesses. While one issue may affect the other it does not mean we should ignore safety issues because of a possible inconvenience to a few individuals.
Straw Man: This move oversimplifies an opponent's viewpoint and then attacks that hollow argument.
Example: “People who don't support the angle parking protest must be in the Mayor’s pocket.”
In this example, the author attributes the worst possible motive to an opponent's position. In reality, however, the opposition probably has more complex and sympathetic arguments to support their point. By not addressing those arguments, the author is not treating the opposition with respect or refuting their position.
Moral Equivalence: This fallacy compares minor misdeeds with major atrocities, suggesting that both are equally immoral.
Example: “Parallel parking and bike lanes downtown make Smiths Falls just like a communist state.”
In this example, the author is comparing the relatively harmless change of parking orientation to living in a state-controlled country, without free speech and other basic legal and human rights. This comparison is not only unfair and inaccurate, but also insensitive to those who have fled such states.
These techniques are designed to help you help an angled parking fundamentalist understand why it is important to treat other people with respect and challenge them to change the way they interact with you and other people online.
An angled parking fundamentalist is a person just like you and me. It is important to separate the person from the behaviour. Not every angle parking supporter is an angle parking fundamentalist. An angle parking fundamentalist thrives on invoking emotional response, so only provide positive attention. Be genuine in these responses, but do not expect a change in behaviour overnight. Many are new to online discussion forums and have not yet benefitted from insights on post review. Understanding these gaps in experience will help you and the angled parking fundamentalist to understand the reasons for their behaviour.
Ask an angled parking fundamentalist about their preferred parking orientation and why. Is their concern accessibility? Economic collapse? Can they parallel park? Also ask if they can quote anyone other than themselves to give merit to meritless claims. After reading all current and up-to-date information, present it to the angled parking fundamentalist. Ask if they truly believe that all local media is biased and if they can see the irrationality of then demanding same facts. Even if the angled parking fundamentalist does not answer, they will still begin to think about change and reasons for or against it.
Rolling With Resistance
Some angled parking fundamentalists may not answer your open-ended questions. Do not demand answers. Instead, just ask different question. Many look for opportunities to tell life-story so probe with self-reporting style questions to help keep the angled parking fundamentalist positively engaged. If an angled parking fundamentalist gets defensive, change the topic. You may never get an answer, but these questions may start other conversations “around the water cooler.”
Support Self Efficacy
Commend an angled parking fundamentalist if they treat you with respect. Reinforce this behaviour whenever possible. Eventually the angled parking fundamentalist will realize they are capable of treating people with respect and the challenge of changing how they communicate online will be realized.
To learn more about Motivational Interviewing, check out http://www.smartrecovery.org/resources/UsingMIinSR.pdf
Twenty-eight million dollars is slated to be cut from Ontario’s Children’s Aid Society. Some welcome cuts that may result in less children being taken into care, especially if they had a child unjustly taken into care at some point. Others may welcome them as cuts to the “liberal fat” left behind after Wynne.
Be very cautious supporting these cuts. The problems with child protection services in Ontario are structural in nature, meaning standardized risk assessments, unrealistic performance indicators, a lack of regulation and oversight in a privatized sector has left our child welfare system vulnerable to systemic oppression.
A funding cut won’t fix this problem but will instead exasperate it. Less workers administrating the same broken system opens the door to heavy caseloads, ineffective snap decisions by unregulated workers, and more costly open family court cases. Workers just won’t have time to engage parents and mandated performance indicators means some workers may be directed to initiate unnecessary court proceedings if an investigation last longer than 30 days. Couple this with the 30% cut to Legal Aid services announced earlier this year, and it spells certain harm for many Ontario children.
Wynne was on the right track, sort of, when she tabled the Child, Youth and Family Services Act, which mostly came into effect in 2018. However, the new legislation only included regulation for higher level employees and not front-line workers who deal directly with families. It also keeps the sector private, which puts the most vulnerable population in Ontario at arm’s length from the province, away from public sector accountability and transparency. The legislative privacy section in the new child protection law that includes provisions such as being able to request your own personal information, won’t come into effect until 2020. That is, if King Ford doesn’t repeal and replace the new legislation by then.
A complete overhaul is needed to Ontario’s Children’s Aid Societies. This means more funding for the sector, not less. We need better legislation to regulate and protect front-line workers and better recourse for families who may fall victim to systemic oppression by overworked and underfunded agencies. Child protection work is hard and usually thankless work. It takes a strong person to do it and an almost super-human ability to be good at it. Cutting costs will result in devastating harm to children. Supporting these cuts, supports that harm. Our children deserve better.
Author's note: Click here for Reasons for Decision
It’s been over two years since I spent nearly two hours being interrogated by my arresting officer. This after spending some time in a holding cell. I remained silent but that didn’t stop him from irately mocking every aspect of my life. He kept repeating wrong facts in a vain attempt to get me to break my silence and correct him. He kept mentioning this multi-million-dollar class-action lawsuit and stressing how I am the defendant, a hacker listed as Jane Doe. I knew that I would soon have my chance to speak with class counsel and present my evidence to those concerned with the facts. My interrogator had no interest in the facts and so I kept quiet.
Judicial proceedings are not quick processes. A whole lot can happen in two years but in this same regard, the opposite can be true. It all still feels the same, like the years haven’t changed, the leaves never fell and Christmas 2016 is still months away. But it’s not the same. The years did change. We enjoyed many seasons, more than once. Christmas 2018 is coming and we are all two years older now. Nothing is the same but it doesn’t feel that way. I’ve spent a lot of time in court rooms big and small and deciphered region-specific practice directions pertaining to the administration of the law. I daydream in material facts and procedural challenges and find solace in the legalese that’s written on the walls.
I hear the notification alarm that I have received a new email. My heart always sinks a little when I hear that sound. Good news and bad news always come by way of email. I’ve had my fair share of both. The subject line reads ‘Reasons for Decision.’ I have been waiting for this email. It is the civil court Judge’s reason for decision on several motions that were before him a few months ago. One of those decisions, I’ve been discontinued as a defendant in that multi-million-dollar class-action lawsuit. Many of my friends are class-members and we always joked about hanging out with the opposing party. It’s that kind of dark humor people use to help cope with bad situations. I still face other proceedings regarding what happened but the truth already freed me from one. The truth will free me from the others.
It wasn’t too long ago that I knew the cheapest way to get anywhere from Ottawa to Toronto. I knew which transit companies had student fares, which had youth fares and the time every last bus or train left the city for Smiths Falls. Then I got a car and my commuting adventures changed. Traffic, construction and road closures aren’t nearly as fun as conversations by chance encounters while waiting for the train traffic to clear up. Slowly the schedules and prices of travel faded from my mind, until I was named as a defendant in a $75-million-dollar class-action lawsuit, along with an agency mandated to protect children. After this, and a series of unfortunate events that made me swear I would never drive the 401 again, I began to re-learn my options for commuting to court in Toronto. I was not going to be stuck in Trenton during an April ice storm, having to find a way home so I could collect the money needed for the repairs on my car, find a way back up, pay for the repairs, and then drive it back to my home in Smiths Falls, ever again.
So when I had court last Friday, I took the train. I’ve learned that if you buy your ticket on the Tuesday the week before you need to go, you can save almost 50 dollars. It’s about the same price as taking my car but I won’t have to hold my breath and pray to the great train gods for it to start. My bargain-basement self-representation won’t work for very much longer, not fairly anyways. The only thing regarding this case in Toronto, is the lawyers. I may have put forth a motion last week to address this. With the local office shop charging 10 cents/fax these days, something has to give. Quite a few motions were before the Judge last week but I am not allowed to write what they were yet.
I can, however, write about the experience. I had gone up to Toronto the week before to file my materials for the motion hearing. I’ve been to the court services building so many times, I am beginning to know the regulars. At first I thought they were all self-represented litigants. I thought it was pretty amazing to see the same faces every time I came. They dress like me, not lawyers and I was quickly accepted into their circle. Our shoes have holes and our bags are functional, not stylish in any way. They all work for lawyers, but you’ll never see them at the office. They have incredible insight into the law firms downtown. It’s like a little sub-culture of workers in the legal trade. I wonder if the lawyers know what types of conversations occur here. I find it fascinating, watching them trade off documents to whoever is closest to the front of the line. I ask about the firms I am dealing with and receive some useful information.
When I appear in court the following week, I remember what I learned about these lawyers while waiting in line at court services. When I approach the podium, I am nervous and shaky. I begin my submission sheepishly but that sentiment fades quickly as I read my prepared argument. There is just no way to accuse someone of completely undermining the justice system in a tone that is anything less than confident.
I had just cross-claimed against them in civil court. A week later my phone rang. The call display said it was a private number. My heart sank. The Children’s Aid Society (CAS) always calls from a private number. You go into a kind of shock when they call. Oxygen levels drop slightly in the brain as your body instinctively sends it to your other vital organs. I tell my brain to tell my body to send the oxygen back up before I answer the call. I need to be able to think clearly, logically and quickly as I set all emotion aside to defend my family.
I answer the phone. It is the Ottawa Children’s Aid Society this time. Last time they sent Kingston CAS, which forms part my claim against them (the Kingston CAS matter ended with them being ordered to pay my legal costs). The actual agency in my jurisdiction is neither of these agencies. Because of ongoing criminal and now civil matters involving the actual agency, complaints made about me are contracted to surrounding agencies. This is good in a way. I am not legally allowed to write about the actual agency, as per my criminal release conditions, but I can write about the Ottawa and Kingston CAS all I want.
The call begins with a child protection worker telling me about the complaint. She then informs me she is around the corner from my house and that I will have to let her into my house for an inspection. I tell her that I am not comfortable with that as we are suing each other for millions of dollars in civil court and that they are the complainant in a high-profile criminal case against me. I need to get instructions from my lawyer anytime the opposing party engages me. She tells me if I do not let her in, she will have to call police. I remind her that police cannot enter my house without a warrant. I also tell her that I recognize the importance of the agency’s mandate and that surely we can find a middle ground that we can both agree on. I focus on the specific complaint. It can easily be disproven without the worker coming into my home. By working together, we come up with a solution that we both agree on. I meet her and another worker in my driveway a few minutes later and we work to address the complaint together. She tells me she will follow-up once she speaks to her supervisor. I record the entire encounter.
There are important benchmark dates to keep in mind when working with a Children’s Aid Society/Family and Children’s Services. For this case, the 30 and 60-day mark from the time of referral would be important to note. A child protection investigation needs to be complete within 30 days and then either closed, moved to a family service worker through the family’s signing of a service agreement or brought to Family Court. There is also a provision in the legislation to never rush a child protection investigation to meet this deadline and therefore an extension of another 30-days to complete the investigation may be provided. During this time, the worker may ask for additional information, interview your children at school and request consent forms be signed that will allow workers to speak with the family’s service providers. If you don’t respond to these requests or respond after the 30-day mark, you may be taken to Family Court to force your “cooperation”.
In this case, additional information was requested. They wanted a picture of my child. My lawyer for criminal court advised me not to send the picture. I also did not feel comfortable sending a picture of my child to an agency that has knowingly lied about me to news media and in four different types of proceedings in the last two years. I never sent the picture and in the weeks leading up to this 30-day mark, I became increasingly worried and prepared myself to be brought to Family Court again.
On March 27th, 2018, I got the call from Ottawa CAS. They are closing the file. I receive the letter in the mail a few days later. This experience with a CAS was unlike any I have ever had. If not for the extremely exceptional and unprecedented situation, I am not so sure my hesitation to service would have been seen as reasonable. Because my hesitation was seen as justifiable from their viewpoint, it gave them reason to work with me. But because they worked with me, we were able to come to an agreement. My hope with this article is that other CAS’s take note. We can help a lot more kids if parent concerns are taken as seriously as the child protection concern. It should never be assumed that a parent does not know what is best for their kids. With a child protection and Family Court system that is widely known to be severely flawed, there is justification for concern and hesitation for any parent that takes notice. Protecting kids always comes first but working with parents instead of threatening police involvement if you don’t do what they say, can achieve that, as demonstrated above.
Pretrial eve. This only happens once a month for Perth Ontario’s accused criminals. I scroll through the list of criminally elite on the online docket. These cases haven’t taken a deal. At least not yet. That may change tomorrow. The purpose of a judicial pretrial is to either resolve the case (plea deal) or narrow issues for trial (agreed statement of facts.) This will be my fourth pretrial in the case but this time I get to speak to the Judge and Crown directly.
Pretrial day. I spend the first half hour speaking to the Judge and Crown. I spend another 45 minutes speaking to the Crown alone. I am not allowed to share our discussions, but he does say he reads my blog. I assure him it’s nothing personal and I truly believe he is trying his best to protect the public’s interest. He says he doesn’t think I’ll write that in my blog. I accept the challenge. Though I cannot share what was discussed, I can share the outcome. Two of my charges are withdrawn, which reduces the time for trial to four days instead of ten. I appear again a few days later, to set my trial date. The trial is set for September 19, 20, 26 and 27, 2018. A trial confirmation hearing is set for July 26, 2018.
Meanwhile in civil court…
Right after my criminal court appearance, I head down to the local office supply shop for some help with faxing documents. This store has been like a second office to me for years. This is how I serve my statement of defence to the agency’s crossclaim against me in civil court. This is probably the most important document in the civil case for me to file. There is a case conference and a motion happening this month. I’ve done a lot of work and travelling to Toronto to make sure nothing stalls the process. The plaintiff made a motion to request my criminal crown disclosure. I, of course, consented to this. I will be relying on the evidence within as well. The Civil Crown, however, said no as it may jeopardize my fair trial rights. I am preparing to argue that it will actually safeguard my fair trial rights, not impede them. I sense another blog series may be necessary.
Criminal court today. I will also be serving documents later today for civil court so while I am in Toronto later this week for the third proceeding involving same matter, I can file everything at the courthouse where the proceedings were started, as per the Rules of Civil Procedure.
I am in courtroom one. There is a mom with her baby sitting in the back. The baby is quiet until the first matter is spoken to. The Judge stops and asks the mom to wait outside for duty counsel. It is her second appearance and the mom begins to explain that at her first appearance, she was sent outside the courtroom and waited for four hours with her baby, only to be told that duty counsel had gone home for the day. The Judge tells the mom she is being aggressive. I think to myself, yeah of course she is. The court decides to speak to her matter now. She is facing jail time and qualifies for legal aid. I think to myself, she is lucky. I am not facing jail time, so I do not qualify for legal aid.
I am sitting in the front row as usual, waiting for my matter to come up. When it does, my lawyer tells the Judge we need to set a date for another judicial pretrial. The Crown says there have already been a few but if we really want to, she says okay. My lawyer reminds her that it was the Judge that requested another pretrial, so that I could participate in it. The pretrial date is set for March 20, 2018.
Sometimes my life feels like an episode of Law and Order. I always loved that show, but my brain is starting to hurt. There are three different proceedings and three different versions of events being presented to me, all regarding the same incident. I only want to tell the truth but there is a ton of law I need to read and understand to be able to do that. I’ve spent a lot of sleepless nights reading the different legislation, lawyer guides and truisms that apply to each type of proceeding I face. I am self-representing in civil court, but had a lawyer review my materials. That moment when your lawyer on another matter looks impressed and asks you how you learned to prepare these documents and you tell them you googled it. Because justice is equally accessible for all, right?
“Happy adjournment day,” my husband says to me as I walk out the door. I have criminal court this afternoon and humor has always been a helpful coping mechanism for my family. I will be having a judicial pre-trial today, my third in the case. We set the date and time for it at my last appearance. I have to be there at 1:00pm.
The courthouse is much quieter in the afternoon. I am waiting outside courtroom one with some supporters. The Crown on my case comes out of courtroom two and goes into an office. Two very upset people follow him out. You can tell one of them has been crying. I give them a sympathetic smile and out of courtesy, my friends and I head outside for a smoke so they can have some privacy. Anytime you go to a courthouse, there is a good chance you will be witnessing someone’s life-changing moment. Since my arrest in 2016, I have seen so many.
I head into courtroom one at exactly 1:00pm. The room is mostly empty. The court clerk tells me how it will work but I already know. Soon after, I see the Crown on my case head to a back room in the court. I know the pre-trial is beginning now. I can hear my lawyer’s voice but can’t make out what’s being said. Another thirty minutes pass by. My friends are chatting but I am just not there anymore. I keep looking at the door, then the clock, then the door and back to the clock again. My trial was cancelled last summer, on request of the Crown and I just want to set my new trial date. The evidence hasn’t changed and neither has my position. I don’t understand why there needs to be this many pre-trials on the case.
The Judge and Crown finally come back. We are adjourning to Feb. 12, 2018, when we’ll finally set the date for the trial. The Judge begins to explain that we will also be setting a date for yet another judicial pre-trial. He tells me that he thinks it would be beneficial if I participate in it this time. Pre-trials are almost always done without the accused present. I am a little annoyed at first, wondering if they are going to try to convince me to take another deal. Then I realize that it will be my chance to speak directly to the Crown about the merits of the case. I won’t lie, I am a little excited. I have been fighting the complainant in three different proceedings and have observed and learned a lot about the law. Through the anxiety of so many court appearances, I take great comfort in the learning I gain from each experience. After all, there is no such thing as bad learning.
Smiths Falls, that small town in Ontario that’s been making some big waves. That small town known for sports heroes Brooke Henderson and Bailey Andison. Also, the town where freed Haqqani Network hostage Joshua Boyle made his return and where his parents still reside. Also making headlines are accused criminals, like Blair Cathcart, school teacher charged with sexually assaulting his students, and even an accused hacker (me) whose alleged post in the town’s local swap shop prompted a $75-million-dollar class-action lawsuit that was recently certified.
What is it about Smiths Falls that is pumping out all this good and bad press? What exactly is in the water (though locals will laugh at that question and say “Blinky”). I wish I could tell you. I wish I could put my finger on what exactly makes Smiths Falls’ residents so unique. We don’t have the arts and culture scene like the neighboring small town of Perth. But our mayor is never caught with his “negligence” hanging out like another neighboring town, Carleton Place. We’re not quiet and quaint like Almonte but also not booming in growth like Kemptville.
Whatever it is making our residents newsworthy, it is clear that the people of Smiths Falls are making an impact. Whether you rise, or rise up “at the falls” know that we each have a unique power in us all. We can use it for good or we can use it for bad, but never underestimate the potential in each of us.
It’s a normal day for me. Wake, feed and dress my kids for school and then head out the door for another court appearance. My nineteenth appearance since I started writing about it. You would think by now that there would be progress in the case. That surely the end must be drawing near. These are my thoughts anyways.
I get to the court house and wait for my lawyer. He shows up just a little while after me. We chat a bit before going to court room one. Two very good friends of mine accompany me. Carol Anne Knapp is one of them as usual. She engages my lawyer in a very good discussion. Some names are dropped, and some plans are made. He tells her who we need to petition and how. The judge comes in and speaks to some other matters first. Then my lawyer, the Crown and the Judge meet for my pre-trial and court is in recess.
I small talk with my friends but have a hard time staying focussed. Thirty agonizing minutes pass by before my lawyer comes out. He says that the Crown has changed their position. He tells me they are offering yet another plea deal and that the matter is being adjourned until Jan. 31, 2018, for another judicial pre-trial, my third. I am in exactly the same position now, as I was this time last year and I don’t intend to do things any different. I go find some free Wi-Fi and begin my blog.
I have two other court dates this week but in civil court. I will be required to attend in person. I swore an affidavit in support of a discontinuance of a multi-million-dollar class-action lawsuit against myself. The class action suit should be certified this week. I have been working with the plaintiff’s lawyer for the last two months. I want to help in any I can, even though I am one of the defendants right now. These people deserve the truth. The plaintiff’s lawyer goes to the media with my consent (and encouragement.) The Recorder and Times, a newspaper in the city of Brockville, publishes a lot of the information from my affidavit. The truth is beginning to trickle out.
It’s a cold and snowy Monday morning. The notes, which led to my trial cancellation, have finally been disclosed. The blame game begins. There are only a few pages. They say what I thought they would say, but I can’t write about that yet. My lawyer can’t speak to my criminal matter here in town today because he is busy speaking to my civil matter in Toronto. I am on two dockets, in two different kinds of court, in two different parts of Ontario, at the same time.
I will have to speak to my own matter in criminal court. I checked the docket online and it did not look busy, so I won’t have to show up early for a parking spot. I’ve got this down to a science now. I have some very specific instructions from my lawyer, to set dates for my pre-trial and trial. None of my lawyer’s available days will work for my pretrial. My matter is stood down, so I can propose some other dates to my lawyer by phone.
There is a little office downstairs in the courthouse. It is a room with expectations of privacy, but little guarantee. Most days, it is for Family Mediation but when I am there, it is my self-proclaimed office. Over the years, I have done a lot of work in this little room. From family court, to small claims and even a private prosecution, this room is very often the final stop along the way for all my documents before they get officially filed with the court. I always go into this room anxious, but leave empowered. I go here to call my lawyer. I know he is in court, speaking to my other matter but I leave a voicemail anyway. Then I call my lawyer’s secretary, to check his availability on these other days, suggested by the Judge. We find a date that will work, and I head back to court room two, where my matter is waiting.
The pretrial is scheduled for Dec. 19, 2017. The Judge tells me that I will be required to be there as well. There is a discussion between the Crown and Judge about bringing in another Judge from outside my community, to preside exclusively over my trial. They tell me that the trial dates cannot be set until they find one. I thank them for their time and go on my way.
In civil court, a motion by the plaintiff to exclude me as a defendant in a 75-million-dollar class-action lawsuit is heard today. The other defendant, has different plans which halt the motion. Things are getting interesting as my lawyer explains Anti-SLAPP legislation to me while we update each other by phone. It doesn’t matter how hard they kick and scream at this point. Justice is coming.