The pre-trial hearing date has been scheduled for November 23rd, in preparation for a trial for the trial scheduled for December 7th.
Ayn Van Dyk is ten years old and she was removed from her biological father’s custody and care in June 2011. Only now at the end of 2012, does her case come before a judge. All of this time MCFD has been able to defend its management of this case by using legislation that empowers it to care for the best interests of children and this case their procedure has been to withhold her family from her.
Please reflect on the cruelty of a system that permits a Ministry such as MCFD to take a child away from her parents, siblings and home and hold her for 18 months her case can be properly adjudicated for cause or legitimacy.
Inanely, MCFD earlier wanted to apply for a Continuing Custody Order at this upcoming Trail Date in December. That is, there might be no end in sight to this ordeal of injustice for this child and her family.
Now get this. MCFD should already have a Temporary Custody Order authorizing it to keep this child for this present extended period of time, but it has never been to court to acquire that Order.
Dealing with the reality of this legal status, the only promising note that has been sounded recently is that MCFD will not be seeking to upgrade its Temporary Custody Order (TCO) to a Permanent Custody Order (CC)). But if you think for a moment that humanity and benevolence are woven into the fabric of MCFD and its legal team, then consider this. MCFD intends at trial to ask for that TCO to commence as of the Judges gavel coming down on this case in December. It would be sheer lunacy if it were not in fact scandalously immoral. It has in fact already conducted this injustice to a child and her parents based on a 22-day Interim Order, which was legally exhausted long ago.
Derek Hoare, father of this child and primary caregiver, good man, good father will be seeking to demonstrate to the judge that the Ministry has erred in its judgment from the very start. It has taken the unnecessary step of removing the then nine year old girl who suffers from autism, and in accordance with the irrationality and impulse of that disorder, wandered from her family back yard in June 2011. MCFD has not conducted a due diligence appraisal of Derek’s parenting capacity or his character and reputation, or of the functionality of the family, or of the relationships between Derek and Ayn’s mother Aime who are a divorced couple but highly supportive of one another.
Now as the case nears, MCFD plays another hand, which according to other parents whose cases have been similarly mismanaged with immunity. Even though the trial is scheduled for the MCFD purpose of keeping the child away from Derek and Aime, MCFD has chosen this time to recently offered to set up a fresh round of mediation with Derek. The positive note is that this would appear to be with the intention of an eventual return. But there would be no guarantee or projected goal in which Derek could have confidence if he opted to agree. And now guess when MCFD suggested that Derek and MCFD could begin the mediation. Did you guess December 7th, the trial date? Then you are absolutely right. You must be familiar with the modus operandi of the administration of MCFD. One has to wonder whether Hon. Stephanie Cadieux, Minister of Children, is ever aware of the way in which her ministry handles people at the grassroots. Derek refused that December date and MCFD has not replied with an alternate date, even though Derek has indicated that he will make himself available for any time prior to the trial.
Derek’s opinion is that the information concerning his daughter’s case must come before the judicial system and that nothing must be allowed to interfere with this. Do you realize that this December date will be Derek’s first opportunity to actually speak to a judge since the apprehension of his child. This will be his first opportunity In 18 months to be heard in what we all should expect will be an impartial and objective setting.
Derek understands the value of effective legal representation but presently does not have that. He does not want to defer or delay the December trail date. I am concerned for Derek because he has chosen to represent himself. He is certainly a persuasive person, and can be articulate. He is however, unfamiliar with legalese and the subtle legalities that can be played specially upon a novice. He is unclear whether he can speak to the legitimacy of the original removal or whether the judge will insist that the case pertains only to the TCO application. He will be required to make demands that push back at the MCFD lawyer and he must demand to be heard concerning everything that has transpired in this abysmal treatment. He will have some wise counsel from fellow advocates who know the system. Most difficult of all it seems to me, he will need to discipline himself and to control himself from being so subjectively, emotionally affected by proceedings and things said by the MCFD lawyer, that he demonstrates instability. He needs to be on guard. That is, expect anything. Do not expect consideration and kindness from the opposition lawyer.
Derek and Aime want their daughter at home so very much. Ayn’s siblings, two brothers miss her desperately. This case must conclude with her return to the family.