Showing posts with label deadbeats. Show all posts
Showing posts with label deadbeats. Show all posts

Monday, March 19, 2007

Could bad policy help bring down an Ontario Minister in her own riding?

It seems the Government of Ontario is spinning faster than ever via a strategically timed communications strategy. This campaign is an attempt by the government to offset a possible "political lemon" and "minefield" in an election year - except when it comes to special interests.

Recent policy by the Government of Ontario has shown how it is possibly ignorant, opportunistic and/or highly influenced by special interests. The reasons why the Ontario Liberals screwed up are published here and here and at Views from the Water's Edge on Saturday and in January when the latest enforcement policy was announced. Premier Dalton McGinty and persons at the Government of Ontario now understand why this recent policy is both short-sighted and gender discriminatory. At the very least, it will go down in history as some very bad policy. Why don't we get tough on crime and possibly start a war while we are at it?

Rather than taking responsibility or taking measures to account for the shortcomings in its policy, the Ontario Liberal government instead came out today with more spin promptly reported on by CTV, which claims Ontario's policy to post the pictures of "deadbeat dads" on the internet has been successful so far in "shaming" 5 dads into paying up.


Claims of success six weeks after launching the controversial website is absolutely premature. No qualitative or quantitative exercise could acurately claim to measure and correctly interpret these 5 results, let alone correctly give credit to one policy action over another so soon after this website's implementation. What about coincidence especially with a sample of only 5. How many dads pay up in a slow month?

Is the release of this information in such a vague way before there is an appropriate sample or any acurate way of assessing the results a sign of panic by Community and Social Services Minister Madeleine Meilleur? Was this a convenient coincidence for Minister Meilleur that needed to be promoted now? I challenge Minister Meilleur to be more specific about who are these 5 dads and how a six-week old website contributed to them “paying up”.


Should Canadians believe that the “Good Parents Pay” website has been successful in motivating those who owe support to pay? What about those other very intrusive enforcement mechanisms that will kick in first and must fail before the website is an option. These include (in the order in which they come into effect): the garnishing of wages, the garnishing of bank accounts, the removal of drivers licences, and 120 days non-payers will spend in jail.

Minister Meilleur, did any of these 5 persons report their lives were ruined by the website, while the hand of “big brother” in their affairs and 120 days in jail were not equally motivating? I also did not see any pictures of women on the site. Is this because all "good mothers pay" already”, or not? Meanwhile, Minister Madeleine Meilleur is now acting like a Conservative and it seems she is hunting for "cheap political points" in an election year by promoting even more child support enforcement than necessary or reponsible.


This is in spite of best practices in family policy that show a relationship between fathers who see their children and fathers who pay their child support voluntarily. In the meantime, out of either ignorance or belligerence, the Minister has missed opportunities to create policy that would to seek to collect otherwise uncollectible child support by working with the Attorney General's Department to preserve the rights of children and their non-custodial parents to have meaningful access with one another.


Organised groups who are proponent of policy that would make child-parent access a fundamental right, are currently planning to hold the Minister accountable in her home riding of Ottawa-Vanier in the time leading up to the upcoming Ontario election. Inter-provincial forces are planning to set up in her riding and concentrate their efforts to topple Minister Meilleur as an MPP with campaign made up of local publicity, information that will be distrubuted to every consituent and a door to door campaign and daily rally/protests in the Ottawa-Vanier riding to help elect anyone but Madeleine Meilleur. More on this later...

For today, I leave you with an excerpt from a very thoughtful article written by family law lawyer © 2005 Karen Selick which is published here on her website and previously in the February 2005 edition of Canadian Lawyer under the title: the Politics of Child Support. She calls this iteration “Demonizing Deadbeat Dads”:

…So far, it appears that the only purpose was to score points with voters by appearing to do something—anything—to benefit children. However, the benefits
are nebulous.

…The statistics that might really have been useful were missing: for instance, whether case loads and compliance have been affected by the major policy changes of May, 1997—i.e., the introduction of the child support guidelines and the abolition of tax deductions for support payments. As a family law practitioner, I believe these changes greatly increased the net cost for most payers. Is this more onerous burden reflected in higher default rates?

…Has anyone in the Ontario government actually looked into the factors that are known to correlate to good payment history? Two of the most portant seem to be the parent’s ability to have some input into his children’s upbringing and his right to maintain regular contact with them.

…Then there was the 1998 report “For the Sake of the Children” produced by the Special Joint Committee on Child Custody and Access. It recommended abolishing the inflammatory terms “custody” and “access” in favour of a system of shared parenting. The federal government hastily shelved the report (ideology again?), but there’s nothing preventing Ontario from implementing changes along those lines. If Ontario really wanted to do something for families, it should quit the ineffectual posturing and start looking at the measures that might really help.

Politicians like Premier Dalton McGinty and Minister Madeleine Meilleur have for whatever reason turned a blind eye to best practices in family policy. This is backed up by Karen Selik here and there are plenty of statistics to show how much they are off course. Ontario's opposition parties have so far missed opportunities to highlight bad family policy by the Liberals, perhaps because special interests have gotten to them too. Who other than "child-parent access organisations" are going to hold accountable these enablers of ongoing gender discrimination?

Will Madeleine Meilleur need to be sacrificed for the greater good or will she come to her senses first? Please stay tuned...

Saturday, March 17, 2007

A shocking truth: one blogger gets CRIES FOR HELP from people around the world...

Are others being terrorised?

I wrote my last blog about Dr. Kenneth Dickie last weekend. Since writing the Dr. Dickie series, I have been contacted by others living inside and outside of Canada who are also targets of bad family policy in Canada. One man in exile in Europe contacted me ... he no longer has a Canadian passport or a drivers licence. He described himself as being "hunted and cornered" by the FRO (Family Responsibility Office). What's next? Dawg the Bounty Hunter hunts down "deadbeats" for a live TV audience?

Historically, non-payment of financial support for children to ex-spouses is in part because of an inability to pay. Also, there are those who are unwilling to pay to retaliate for illegal denial of child /parent access by custodial parents. Do proponents of excessive support enforcement consider these types of situations too?

Illegal access denial without penalty is possible because of a lack of non-litigious or institutional remedies to matters of child-parent access issues. Rightly or wrongly, custody is still awarded to mothers because of their gender (rather than because of their character). Can anyone who interprets the Charter see this as being anything other than gender discriminatory?... but I digress. Because of a lack of policy on access or deterrents to the denial of access, some custodial parents self-interestedly limit access (to punish the other parent) even if psychological research shows that such behaviour negatively affects children emotionally.

Nevertheless, Canadians who divorce and do not (or cannot) honour their financial responsibilities lose their drivers licences, their passports and their children, because of legislation that wrongly assumes further enforcement will motivate people to "pay up". Only after that, those who don't pay what they are due could spend 120 days in jail. After that, Ontarians and/or Albertans who still don't pay will end up with their picture on the internet and labelled a "deadbeat".

I once read we have enough nuclear weapons to blow up the world 50 times over... for those who get off on that, wouldn't once enough? How much support enforcement do we really need?...Does Dalton McGuinty's Liberal government truly believe the posting pictures of "deadbeats" on the internet is really good family policy? Or, is this simply "good politics" in an election year? Is this, as George Bush once said, to "smoke them out of their holes"?

Excessive support enforcement helps keep children away from their fathers

As a by-product, even those who always intended to pay their first families (what some say is excessive and miscalculated yet legislated child and spousal support) will invariably lose all contact with their children. Then again, "access" (which serves mostly men because of the gender preference in custody decisions by Canadian judges) does not matter. Many parents also end up in exile and may lose everything, including their homeland. Some, like Dr. Ken Dickie, end up in jail simply, because they cannot pay.

"Debtor's prison" was eliminated a long time ago in all matters other than the family. So, is this OK because only "divorced dads" are at risk of such incarseration? Is this also a form of state-orchestrated child-parent alienation for mothers who may want to have that card to play just in case? One father in exile suggested in an e-mail to me that politicians have created a "monster (in the FRO) and now they don't know what to do with it"? Are Minister Madeleine Meilleur and Premier Dalton McGuinty responsible out of ignorance, opportunism or pandering to special interests? Will they pay politically for making short-sighted and bad policy decisions (for political reasons) in an election year in Ontario?

Is Canada's judiciary more loyal to legal industry or to fairness and equality?

On New Year' Day I wrote about "discrimination ratings" by Ontario Court of Appeal judges. I highlighted Supreme Court Justice, Rosalie Abella, as an example of a (former) Ontario Court of Appeal judge with one of the worst discrimination ratings.

I previously knew of Justice Abella because of the anecdotes made flippantly by lawyers who I know in Ontario. Some consider Justice Abella to be responsible for much "rain-making" for the legal industry in family law - either the "hero" or the "zero" - depending upon one's perspective. Jurisprudence under her watch made it so that separation agreements in divorce could be could be reopened - because of either "missing financial disclosure" or "inadequate independent legal advice".

Cynics might consider that jurisprudence of this type ensures that the legal industry is fully in control in of the break-up of families in Canada whether that is appropriate or not. Consider this: Canadians must consult a lawyers while separating or divorcing in order to avoid being completely financially vulnerable. This jurisprudence is precisely for why Kenneth Dickie and others have been ostracized by Canada and are in exile.

Are these persons victims of a money grab and a takeover by a legal industry (along with their judicial accomplices) which produces more lawyers than there is legal work? What ever happened to transparent money grabs - like "ambulance chasing"? When children are involved, is it really in their interest for matters of the family to be sorted adversarially?

Are major law firms are "flippant" about family law inequities? Que bono?

This article in its entirety provides an overview of “advocacy dominance” and “superior representation” by certain Canadian law firms in matters of the family. The article was posted on the website of one such firm as a testimony to their ability to provide fair representation in family matters. Healthy sceptics might consider this to be more about assurances (from those who profit from bad family policy) that it is possible, post-agreement, to go after one’s ex-spouse for everything they can. This is via litigation on family matters, even if matters were previously resolved via a supposed “binding contract” in the form of a separation agreement. Would business people agree to such terms?

As such, I leave you with an excerpt from that article below, which also shows another case where Mr. Harold Niman represented a female client pro-bono. Why?

"If my client assured me that she was familiar with her husband’s assets, then it’s possible, perhaps, to do a settlement without full disclosure," says Sadvari at McCarthys tentatively. The risk, however, isn’t really the wife’s - if she later feels she got too little, the fact that the settlement was made without full financial disclosure leaves the husband vulnerable. The courts have shown themselves perfectly willing to reconsider agreements more than a decade after settlement - tow it, Bailey v. Plaxton. Married in 1965, divorced in 1985, Beverly Bailey - represented pro bono by Harold Niman of Niman Zemans Gelgoot - and Alan Plaxton - represented by Stephen Grant of McCarthy Tétrault - were back in the courts in March 2000, to revisit spousal support 10 years after payments, in accordance with their divorce agreement, ceased."
This seems too similar to the financial arrangement Harold Niman allegedly had with Mrs. Dickie to be a coincidence. Is Harold Niman also representing these clients for a larger purpose? You tell me…

Saturday, March 10, 2007

Persons from Toronto making an information war about Dr. Dickie: Did their latest move backfire?

I would like to finish up on this theme, however, it seems persons from Toronto are making many efforts to control the flow of information about Dr. Kenneth Dickie. Should this make me stop writing? Well, at least the Freeport News appears to be acting objectively.
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A Canadian Deadbeat in the Bahamas?
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In case some of you are just tuning in, I have written four posts about Dr. Kenneth Dickie since February. The first one on February 10th was kind of "tongue in cheek" because I was relying on what the Canadian media was reporting as my only source of information. My issue with Dr. Dickie at the time was that he had seemed to leave Canada for the Bahamas to escape family support obligations and that the bad publicity would make it more difficult for those of us left behind to fix a very broken family law system in Canada.
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My post of February 24th was more balanced, since it was based on my own interview with Dr. Dickie and the exlcusive radio interview on Chin Radio in Ottawa with Ernie Tannis. I discovered that Dr. Dickie paid $1.25 million to his ex wife over ten years. He had also set up trust funds for all his kids for them to go to university or college after his support obligations expired which is usually when children turn 18. One month before all of Dr. Dickie's obligations were to have been fulfilled, his ex-wife reopened their separation agreement with the help of her lawyer, Mr. Harold Niman, and the rest is history. Dr. Dickie was put in jail for 45 days previously. He is currently in exile in the Bahamas because at the time he couldn't get a bank guarantee to back up 250K in future support payments to his ex wife for his grown children who already had educational trust funds.
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While you are at it Mr., why don't you also chop off Ken Dickie's hand for stealing a loaf of bread? The unknown circumstances of this case are almost as horrifying as the fact the Canadian media has chosen not to report on them.

Since then, I have had to republish that February 24th article twice, once on March 3rd with a foreword and again on March 9th with a public plea and a call for corporate support via the search engines in not suppressing on the internet the information I wrote telling Dr. Ken Dickie's side of the story.

In my blog of March 9th I explained how all evidence of my previous post about Dr. Dickie had disappeared from Google's ordering program. I presume, correctly or not, that this is being accomplished by the threats of litigation used by those who either specialise in civil litigation or those with a vested interest in restricting freedom of speech and controlling information because financially and reputationally it is worth it for them to do so. Would the large amounts of money that will flow to the legal industry as a result of the Dickie vs. Dickie Supreme Court of Canada jurisprudence warrant them spending time and making efforts in liaising with the search engines to suppress people's access to Views from the Water's Edge?

After my March 3rd post vanished from the ordering program on Thursday, at least this had not happened at Yahoo. I reported about this. And, this is what showed up until earlier today on Yahoo as the top two results when one looks for information about "Dr. Ken Dickie":

1. Views from the Water's Edge... the exclusive radio interview with Dr. Ken Dickie
on Chin Radio, 97.9 in Ottawa ... Dr. Ken Dickie is the Ontario plastic surgeon
and alleged "deadbeat dad" who ...viewsfromthewatersedge.blogspot.com - 255k - Cached - More pages from this site

2.Views from the Water's Edge: What do Leper's Island, Debtor's Prison and "deadbeat dad" have in common?: online ... ... the exclusive radio interview withDr.
Ken Dickie on Chin Radio, 97.9 in Ottawa ... Dr. Ken Dickie is the Ontario plastic surgeon and alleged "deadbeat dad", who ...viewsfromthewatersedge.blogspot.com/2007/03/... - 83k - Cached- More
pages from this site

If you like, I recommend you go see what shows up when the phase, Dr. Ken Dickie, is searched using Google and what happens when the same words are typed into Yahoo today. Please tell me if you don't think someone is intervening? It would be a relief, so please, though I would first recommend your visiting my other posts on this topic to see for yourself Views from the Water's Edge at the top of Google's search results initially.
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Why not just shame Dr. Dickie in the Bahamas and make him public enemy #1?
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I also found out this week that "someone" in Toronto has approached the publisher of two major Bahamian newspapers, the Freeport News and the Nassau Guardian, and asked them to accept a fax containing copies of numerous newspaper articles from Canada - possibly the same information or worse that led me to understanding a "biased" truth when I wrote my first article about Dr. Dickie on February 10th. Was this, as George Bush once said, to "smoke him out of his hole"? When this type of intervention is combined with what I have discovered about persons motivating the search engines to suppress information (possibly via threats), I start to wonder whether this quest is just a movement or a full blown cover-up/conspiracy?
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Well, at least journalism in the Bahamas seems to be more balanced, as they apparently went to Dr. Dickie to look for his side of the story. As such, Dr. Dickie was given the opportunity to provide them with other information, including my articles at Views from the Waters Edge.

In the name of freedom of speech, gender equality and innocence before guilt, I strongly recommend you check out this article about the Dickie vs. Dickie case by The Freeport News. It puts to shame anything reported by the Canadian media on this topic.

Does anyone else have problem with this? Is anyone else starting to wonder why it is so important to some to control information about Dickie and to suppress his side of the story? Que Bono? What type of society are and journalism are we proponents of here?

Friday, March 09, 2007

Newspeak on Dr. Dickie...great lengths taken to bury the truth: Why?


I wonder if I am the only blogger reading this post who has seriously thought s/he was at risk of having her/his blog "pulled" from Blogger for reasons of censorship and/or self-interest.

This is the scenario:

1. On February 24th I published a post about Dr. Ken Dickie who is the alleged "deadbeat dad" who is in exile in the Bahamas. This is because the Supreme Court's decision to overturn a lower court's ruling will put Dr. Dickie in jail if he returns to Canada. Dr. Dickie told the story in an exclusive interview that suggests he may have been sacrificed in exchange for jurisprudence that should generate $$$ billions $$$ for the legal industry.

That post generated lots of hits and came up near the top of page one on any Google search containing the name: Dr. Ken Dickie.

2. On Wednesday February 28th all evidence of my post (that told the other side of Ken Dickie’s tragic story) mysteriously vanished from Google’s search results. All references to Dr. Ken Dickie in that post were no longer picked up by Google’s ordering program. It was as if I had never written about him - even though the posts were still up.

3. On March 3rd I republished that article on Dr. Dickie in a new post. I added a foreword that raised questions about why it seems my previous post had been censored out of Google’s ordering system. I also started an experiment to see if my re-publish of that post would be “struck” from the search results again. I have been checking each day since more than once in order to report on any subsequent intervention and threat to freedom of speech.

4. Sometime after 3:00 pm (Eastern time) March 8th (approximately 9 hours ago maximum), the post link to my blog http://viewsfromthewatersedge.blogspot.com/2007/03/what-do-lepers-island-debtors-prison.html) stopped showing up in Google searches for the words “dr. ken dickie”. However this time, the information has only been censored partially. Result number 15 is the site viewsfromthewatersedge.blogspot.com. Nevertheless, the specific post has been removed from Google’s ordering sometime in the last eight hours.

15. Views from the Water's Edge- [ Traduire cette page ]
Dr. Ken Dickie is the Ontario plastic surgeon and alleged
“deadbeat dad” who lives in the Bahamas. He was officially placed in exile two
weeks ago by the ...viewsfromthewatersedge.blogspot.com/ - 250k -
En cache
-
Pages similaires

5. Then I checked Yahoo. The top two search results at the moment are similar to the order I viewed earlier today on Google when I enter "dr. ken dickie". The top two Yahoo results are currently my blog and my blog link below so what's up Google?:

1. Views from the Water's Edge
... the exclusive radio interview with Dr. Ken Dickie on Chin Radio, 97.9 in Ottawa ... Dr. Ken Dickie is the Ontario plastic surgeon and alleged "deadbeat dad" who ...viewsfromthewatersedge.blogspot.com - 255k - Cached - More pages from this site

2.Views from the Water's Edge: What do Leper's Island, Debtor's Prison and "deadbeat dad" have in common?: online ... ... the exclusive radio interview with
Dr. Ken Dickie on Chin Radio, 97.9 in Ottawa ... Dr. Ken Dickie is the Ontario
plastic surgeon and alleged "deadbeat dad", who ...viewsfromthewatersedge.blogspot.com/2007/03/... - 83k - Cached
- More pages from this site

What is the big deal?

Does anyone else find this creepy? Who is this “big brother”? Why should anyone care about Dr. Dickie’s side of the story or suppressing my blog for that matter? Did someone threaten to sue or is this an order from “on high”? Or, is this the preference of someone inside the search engine? Who gave the word to “pull it”?

If self-preservation rather than the universal principles of (freedom of speech, gender equality and innocence before guilt) were my motive I would probably have “gotten the hint” and I would stop posting on this topic. After all, someone(s) unknown keeps going to great lengths to suppress Dr. Ken Dickie’s side of the story.

Unfortunately, so far Dr. Dickie’s side of the story is represented almost exclusively by this post. Could someone else carry the torch in the event that Google who controls Blogger decides to eliminate my blog? Who then will tell Dr. Dickie's story?

Why would anyone care?

The jurisprudence created by Supreme Court of Canada’s ruling about Dickie v. Dickie is bold and powerful.

1. Does this represent the “nuclear bomb for women in matters of the family?

2. How could our highest court bring back “debtor’s prison” for matters of the family, even though such a concept has been banned in modern times?

3. How could an untold story in a civil matter result in jail when that same situation in a criminal matter would never result in jail?

4. Is there any credibility left in the judiciary after this very bold jurisprudence?

5. Who benefits most? The legal industry? Proponents of patriarchy? Those who seek to preserve the flow of monies in divorce from men to women?

6. Is this type of cover-up the work of “old boys” who presume women’s groups will make less of a fuss about gender inequality if they are given the upper hand in matters of the family? If so, the pursuit of corporate and political gender equality is slowed down because women can instead focus on enjoying the edge they have in family matters while divorced fathers like Dr. Dickie are sacrificed.

What about the Charter of Rights and Freedoms? Shouldn’t gender be taken out so that the objective gender equality is across the board rather than there being some issues that benefit men and others that benefit women?

Will evidence of this post be disappear too?

Perhaps the better question would be this: will someone try to take down my blog altogether? I obviously have not gotten the hint. Stay tuned. If this blog and persona disappears because I went too far, please consider those who seek to conceal information that may exonerate Dr. Dickie have much riding on this. After all, who is charged with concealing the porn and are they as successful?

Once again, in the name of freedom of speech, gender equality and innocence before guilt, I republish the post to balance the information available to the public with an interest in understanding Dr. Dickie and what this Supreme Court decision really means for the rest of us.

Saturday, March 03, 2007

What do Leper's Island, Debtor's Prison and "deadbeat dad" have in common?: online censorship shows that it is mostly about "the spin".

Over the last couple months I have learned a little about search engines and what makes them work. For the most part, information is sorted and is accessible regardless of content (unless objectionable). In the 21st century with so much information being shared by so many persons via much new technology, it is essential that principles such as "freedom of speech" be extended and preserved when these new forms of communication are the media.

Well, last week I told the other side of the story about Dr. Kenneth Dickie, the alleged "deadbeat dad" who is in exile on an island in the Bahamas. This followed the Supreme Court's 9-0 decision to overturn an Ontario Court of Appeal decision about Dr. Dickie, the Court $250,000 bond he was previously ordered to pay to his ex-wife for the education of his grown children. I wrote about the reasons behind his failure to pay following an exclusive interview on Ottawa radio the Thursday before last.

If you type in the words Dr. Kenneth Dickie into Google, you will understand why I needed to write what I did. There are dozen's of articles written explaining why the Supreme Court is right to make "debtor's prison" now appropriate for matters of the family and why Dr. Dickie needs to be locked up. My blog last Saturday reporting on Dr. Dickie's interview is pretty much the only piece of retrievable information by Google that raises questions about the appropriateness of the Supreme Court's decision on Dickie vs. Dickie.

Or, at least it was the only information - now there is nothing. Where last weekend my blog about Dr. Dickie was on page one of any Google search containing his name, by mid-week all links to that post via Google had mysteriously vanished.

Was this caused by someone(s) intervening somehow to ensure that this information was contained? How important is it to some to prevent the popular understanding of Dr. Dickie's side of the story? The vanishing of all links to that post raises further questions about the objectivity of the judiciary. This is especially so in matters where "controversial and highly interventionist" jurisprudence is created by consensus where a primary beneficiary happens to be the legal industry and the well funded special interests who spin until discriminatory words like "deadbeats" becomes a part of our popular terminology where other slurs are frowned upon.

In the name of freedom of speech, gender equality and innocence before guilt, I republish the post to balance the information available to the public with an interest in understanding Dr. Dickie and what this Supreme Court decision really means for the rest of us.

If these universal principles are important to you, please give the post a careful read. If you disagree, please let me know rather than enlisting the search engines in conspiring to commit some type of cover up.

Saturday, February 24, 2007

Debtors Prison for Deadbeats: a Nuclear Bomb for women who choose divorce?

Last night I arrived in Toronto from Montreal. I did not plan to write a post, however, on my way to my first appointment this morning, while driving past Queen’s Park, I changed my mind and I took a detour to the Lakeshore and I shot some “views”, including the one attached.

The situation is this: most of us assume that if we play be the rules, we should be able to avoid our being put in jail. After all, if we work hard, act responsibly and honour our commitments, there should be no problems, right?

Sadly, history has shown there are noble causes perhaps where ultimately and in retrospect the State looks foolish or self-interested. When Cassius Clay / Mohamed Ali was put in jail for avoiding military service in the US, this represented a class / race struggle with respect military service that led to change and the objective of racial equality. There are also situations of injustice because of blatant racial biases, such as Nelson Mandela’s life in prison as a result of decisions made by discriminatory governments in South Africa trying to prolong a very unjust status quo. In these cases the State had no regard for equality or human rights and no qualms about locking up certain persons to perpetuate the self-interested agenda of the State or those who represent the State. This is how these decisions are now judged by history.

Well, this week I discovered that Canada’s judiciary may one day be seen in a way similar to how we lament the previous lack of integrity by the US and in South African governments. Because some of the worst family policy in Canada comes out of Ontario (as well as Supreme Court Justices who have the worst “discrimination ratings”) when it comes to the likelihood of women winning and men losing decisions they adjudicate, my hotel in downtown Toronto is the perfect place for me to explain why all men (even those who never foresee them being affected by a divorce) should be on alert.

This week’s Exclusive interview with Dr. Kenneth Dickie from exile in Bahamas

Did anyone else hear the exclusive radio interview with Dr. Ken Dickie on Chin Radio, 97.9 in Ottawa hosted by Ottawa lawyer and mediator Ernie Tannis? For those interested in exploring which situations in life could lead to one being wrongly incarcerated, I recommend your requesting a transcript.

In this interview, Dr. Dickie broke his silence about his family law case, following much media hysteria in recent weeks celebrating the Supreme Court’s decision about “deadbeat dads”. This was followed by Olivia Chow’s ignorant comments in the House of Commons this week blaming “deadbeats” for child poverty in Canada. Dr. Dickie finally told his side of the story. More than ever, there is no doubt in my mind term “deadbeat” is a euphemism placed in our terminology to legitimise gender biased public decision making by certain governments and the judiciary.

What’s this all about?

Dr. Ken Dickie is the Ontario plastic surgeon and alleged “deadbeat dad” who lives in the Bahamas. He was officially placed in exile two weeks ago by the Supreme Court's decision 9-0 to overturn an Ontario Court of Appeal. The Court of Appeal would not hold Dr. Dickie in contempt for not putting up $250,000 in financial security for the education of his grown children because his claims that he cannot pay had not been heard by the Court. The Supreme Court says that doesn’t matter, so now there is jurisprudence saying that matters of civil contempt when information is still missing by a respondent are now punishable by jail. This is unbelievably bold jurisprudence because matters of criminal contempt would never result in jail under similar circumstances.

Now, Dr. Dickie will be put in jail if the Canadian authorities actually get their hands on him. He has lost his passport, which prevents him from leaving the Bahamas. And, perhaps most importantly, the State has made an example out of him personally so that all Canadian men who might consider getting married and/or having children one day should be on alert that any failure to “pay up“ if one‘s marriage ends up in divorce could mean jail.

Rightly or wrongly, decisions like this should cause a decline in the number of marriages and the number of children who are born. Furthermore, because individuals do not have exclusive control over whether their marriages work or not, it might also be prudent for all married and divorced men to now practice how to prudently and defensively pick up the soap in the shower. Or at the very least to be completely safe, just make sure you never drop that soap again.

Why doesn’t Dr. Dickie not just put up the ‘freaking’ money?

Even if it is ‘way over the top’ to put people in jail for civil matters, why does Dr. Dickie just pay? Could it be true that he cannot? Also, was he always a deadbeat? Did he ever pay for his kids?

Apparently, Dr. Dickie and his ex-wife signed a separation agreement at the time of the divorce in the early 1990s that made him responsible to pay her $1.25 million dollars over 10 years plus a $120,000 educational account for the kids. Both parties had sought independent legal advice at the time.

He contends that he paid his ex wife the agreed $1.25 million and the $120K for the kids education. He also claims that after making all these payments and after the ups and downs of his plastic surgery business in both Canada (which he shut down) and now in the Bahamas, he does not have the money/ equity to secure with a bank a “guarantee” to pay in security another 250K for the future education of children.

If it has been 15 years, how old are his kids? A deal is a deal, right?Dr. Dickie was one month away from having fulfilled that separation agreement when his wife’s legal counsel sought to re-open a ten year agreement on the eve of its completion. After receiving monies from her ex that amount to what many people don’t earn in a lifetime, Mrs. Dickie retained Toronto family divorce lawyer, Mr. Niman, who went after more money to pay for the education of Dr. Dickie’s children. By this point, his kids were all in their late teenage years and early twenties. Some of them had jobs, even though the mainstream media covering the story continues to publish pictures of Mrs. Dickie with young children leading most readers and viewers to believe Dr. Dickie left his family in the lurch.

Dr. Dickie’s lawyer, Rochelle Cantor, explains that Dr. Dickie’s children are now all in their 20s. They have been in and out of school, they all have “trust funds” set up previously by Dr. Dickie to pay for their education. They have all been close to being adults since before Mrs. Dickie sought to reopen the separation agreement - for example, at least one has taken 6 years to pursue 3 year degrees, etc; and another is travelling the world in lieu of attending school using monies from savings and a “trust fund” to fund the experience.

Mr. Niman by reputation is a lawyer who specialises “lifestyle family law“. Some call this the exclusive practice of helping wealthy, sometimes angry divorcees take their ex-husbands for everything they are worth. Because collecting legal fees on a contingency basis is not accepted practice in Canada, Mr. Niman allegedly took on Mrs. Dickie’s case pro-bono. After all, further jurisprudence in family law that would create even more incentives for women to divorce would logically help Mr. Niman’s practice. Would this be an alternative way for Mr. Niman to recover fees in the future for the time put into Mrs. Dickie’s case?

Well apparently, Mrs. Dickie also declared bankruptcy, which, if he were to choose, would have allowed Mr. Niman to write off “paper receivables” from his income tax . So, it seems Mr. Niman not only may pay less tax to Canada and Ontario by representing Mrs. Dickie, he got very valauable jurisprudence (for someone who practices this kind of law) by the Supreme Court of Canada preserving and extending the profitability of his genre of law in the future.

To top it all off, federal monies allocated to the Status of Women funding paid for Mr. Niman to take this case to the Supreme Court. This dangerous jurisprudence was funded by the Legal Education Action Fund (Leaf) which was set up in 1985 following the Charter to push for equal rights for women.

The irony is, this decision makes Canada less equal for men who are “totally exposed” if they choose to marry or to have children. Therefore, federal monies were used to put the interests of women forward at the expense of men who become divorced, which is arguably when advocacy monies become a violation of the Charter of Rights and Freedoms.

The “Nuclear Bomb” for Women and continued profits for the legal industry

According to Rochelle Cantor, one of Mr. Niman’s arguments to the Supreme Court in pleading for them to allow for this jurisprudence via the Dickie vs Dickie case, was that it “gives women a “nuclear weapon in matters of the family”.

Does anyone else have trouble with how this has developed? What is the real point of all of this? Is this really about poor Mrs. Dickie, who is currently working as a nurse in Alberta? Or, is this about those deprived Dickie children who are grown, who have trust funds barely depleted and who are either working or have been in an out of school this entire millennium?

Or, is this about feeding the pockets of the legal industry who have more tools to terrorise further the lives of those men who end up getting divorced, their second families and the children of second families?

After my previously posting this and this about gender bias by our judiciary, I am starting to wonder whether the politicisation of judicial appointments and the controversy surrounding this issue currently raised by the Liberals about the Conservatives does not need to be looked at more holistically. Previous judicial appointments by Liberal governments are failing it seems and are no better than the anticipated results from the current process proposed by the Conservatives to select judges.

If judges individually or collectively make decisions while on the bench implicitly or explicitly because of their own preferences, way of viewing the world, or a subliminal desire to indirectly facilitate more future business to the legal industry at the expense of gender equality, human rights and the Charter of Rights and Freedoms, the whole system (as well as those currently presiding) requires a complete overhaul.

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I repeat again, if you disagree with this post, please let me know. Do not seek to enlist the search engines in conspiring to commit some type of cover up.

Edgewater Views
12:36 am, March 9th, 2007

Saturday, March 03, 2007

What do Leper's Island, Debtor's Prison and "deadbeat dad" have in common?: online censorship shows that it is mostly about "the spin".


Over the last couple months I have learned a little about search engines and what makes them work. For the most part, information is sorted and is accessible regardless of content (unless objectionable). In the 21st century with so much information being shared by so many persons via much new technology, it is essential that principles such as "freedom of speech" be extended and preserved when these new forms of communication are the media.

Well, last week I told the other side of the story about Dr. Kenneth Dickie, the alleged "deadbeat dad" who is in exile on an island in the Bahamas. This followed the Supreme Court's 9-0 decision to overturn an Ontario Court of Appeal decision about Dr. Dickie, the Court $250,000 bond he was previously ordered to pay to his ex-wife for the education of his grown children. I wrote about the reasons behind his failure to pay following an exclusive interview on Ottawa radio the Thursday before last.

If you type in the words Dr. Kenneth Dickie into Google, you will understand why I needed to write what I did. There are dozen's of articles written explaining why the Supreme Court is right to make "debtor's prison" now appropriate for matters of the family and why Dr. Dickie needs to be locked up. My blog last Saturday reporting on Dr. Dickie's interview is pretty much the only piece of retrievable information by Google that raises questions about the appropriateness of the Supreme Court's decision on Dickie vs. Dickie.

Or, at least it was the only information - now there is nothing. Where last weekend my blog about Dr. Dickie was on page one of any Google search containing his name, by mid-week all links to that post via Google had mysteriously vanished.

Was this caused by someone(s) intervening somehow to ensure that this information was contained? How important is it to some to prevent the popular understanding of Dr. Dickie's side of the story? The vanishing of all links to that post raises further questions about the objectivity of the judiciary. This is especially so in matters where "controversial and highly interventionist" jurisprudence is created by consensus where a primary beneficiary happens to be the legal industry and the well funded special interests who spin until discriminatory words like "deadbeats" becomes a part of our popular terminology where other slurs are frowned upon.

In the name of freedom of speech, gender equality and innocence before guilt, I republish the post to balance the information available to the public with an interest in understanding Dr. Dickie and what this Supreme Court decision really means for the rest of us.

If these universal principles are important to you, please give the post a careful read. If you disagree, please let me know rather than enlisting the search engines in conspiring to commit some type of cover up.

Debtor's Prison for Deadbeats: a Nuclear Bomb for women who choose divorce?

Last night I arrived in Toronto from Montreal. I did not plan to write a post, however, on my way to my first appointment this morning, while driving past Queen’s Park, I changed my mind and I took a detour to the Lakeshore and I shot some “views”, including the one attached.The situation is this: most of us assume that if we play be the rules, we should be able to avoid our being put in jail. After all, if we work hard, act responsibly and honour our commitments, there should be no problems, right?

Sadly, history has shown there are noble causes perhaps where ultimately and in retrospect the State looks foolish or self-interested. When Cassius Clay / Mohamed Ali was put in jail for avoiding military service in the US, this represented a class / race struggle with respect military service that led to change and the objective of racial equality. There are also situations of injustice because of blatant racial biases, such as Nelson Mandela’s life in prison as a result of decisions made by discriminatory governments in South Africa trying to prolong a very unjust status quo. In these cases the State had no regard for equality or human rights and no qualms about locking up certain persons to perpetuate the self-interested agenda of the State or those who represent the State. This is how these decisions are now judged by history.

Well, this week I discovered that Canada’s judiciary may one day be seen in a way similar to how we lament the previous lack of integrity by the US and in South African governments. Because some of the worst family policy in Canada comes out of Ontario (as well as Supreme Court Justices who have the worst “discrimination ratings”) when it comes to the likelihood of women winning and men losing decisions they adjudicate, my hotel in downtown Toronto is the perfect place for me to explain why all men (even those who never foresee them being affected by a divorce) should be on alert.

This week’s Exclusive interview with Dr. Kenneth Dickie from exile in Bahamas

Did anyone else hear the exclusive radio interview with Dr. Ken Dickie on Chin Radio, 97.9 in Ottawa hosted by Ottawa lawyer and mediator Ernie Tannis? For those interested in exploring which situations in life could lead to one being wrongly incarcerated, I recommend your requesting a transcript.

In this interview, Dr. Dickie broke his silence about his family law case, following much media hysteria in recent weeks celebrating the Supreme Court’s decision about “deadbeat dads”. This was followed by Olivia Chow’s ignorant comments in the House of Commons this week blaming “deadbeats” for child poverty in Canada. Dr. Dickie finally told his side of the story. More than ever, there is no doubt in my mind term “deadbeat” is a euphemism placed in our terminology to legitimise gender biased public decision making by certain governments and the judiciary.

What’s this all about?

Dr. Ken Dickie is the Ontario plastic surgeon and alleged “deadbeat dad” who lives in the Bahamas. He was officially placed in exile two weeks ago by the Supreme Court's decision 9-0 to overturn an Ontario Court of Appeal. The Court of Appeal would not hold Dr. Dickie in contempt for not putting up $250,000 in financial security for the education of his grown children because his claims that he cannot pay had not been heard by the Court. The Supreme Court says that doesn’t matter, so now there is jurisprudence saying that matters of civil contempt when information is still missing by a respondent are now punishable by jail. This is unbelievably bold jurisprudence because matters of criminal contempt would never result in jail under similar circumstances.

Now, Dr. Dickie will be put in jail if the Canadian authorities actually get their hands on him. He has lost his passport, which prevents him from leaving the Bahamas. And, perhaps most importantly, the State has made an example out of him personally so that all Canadian men who might consider getting married and/or having children one day should be on alert that any failure to “pay up“ if one‘s marriage ends up in divorce could mean jail.

Rightly or wrongly, decisions like this should cause a decline in the number of marriages and the number of children who are born. Furthermore, because individuals do not have exclusive control over whether their marriages work or not, it might also be prudent for all married and divorced men to now practice how to prudently and defensively pick up the soap in the shower. Or at the very least to be completely safe, just make sure you never drop that soap again.

Why doesn’t Dr. Dickie not just put up the ‘freaking’ money?

Even if it is ‘way over the top’ to put people in jail for civil matters, why does Dr. Dickie just pay? Could it be true that he cannot? Also, was he always a deadbeat? Did he ever pay for his kids?

Apparently, Dr. Dickie and his ex-wife signed a separation agreement at the time of the divorce in the early 1990s that made him responsible to pay her $1.25 million dollars over 10 years plus a $120,000 educational account for the kids. Both parties had sought independent legal advice at the time.

He contends that he paid his ex wife the agreed $1.25 million and the $120K for the kids education. He also claims that after making all these payments and after the ups and downs of his plastic surgery business in both Canada (which he shut down) and now in the Bahamas, he does not have the money/ equity to secure with a bank a “guarantee” to pay in security another 250K for the future education of children.

If it has been 15 years, how old are his kids? A deal is a deal, right?

Dr. Dickie was one month away from having fulfilled that separation agreement when his wife’s legal counsel sought to re-open a ten year agreement on the eve of its completion. After receiving monies from her ex that amount to what many people don’t earn in a lifetime, Mrs. Dickie retained Toronto family divorce lawyer, Mr. Niman, who went after more money to pay for the education of Dr. Dickie’s children. By this point, his kids were all in their late teenage years and early twenties. Some of them had jobs, even though the mainstream media covering the story continues to publish pictures of Mrs. Dickie with young children leading most readers and viewers to believe Dr. Dickie left his family in the lurch.

Dr. Dickie’s lawyer, Rochelle Cantor, explains that Dr. Dickie’s children are now all in their 20s. They have been in and out of school, they all have “trust funds” set up previously by Dr. Dickie to pay for their education. They have all been close to being adults since before Mrs. Dickie sought to reopen the separation agreement - for example, at least one has taken 6 years to pursue 3 year degrees, etc; and another is travelling the world in lieu of attending school using monies from savings and a “trust fund” to fund the experience.

Mr. Niman by reputation is a lawyer who specialises “lifestyle family law“. Some call this the exclusive practice of helping wealthy, sometimes angry divorcees take their ex-husbands for everything they are worth. Because collecting legal fees on a contingency basis is not accepted practice in Canada, Mr. Niman allegedly took on Mrs. Dickie’s case pro-bono. After all, further jurisprudence in family law that would create even more incentives for women to divorce would logically help Mr. Niman’s practice. Would this be an alternative way for Mr. Niman to recover fees in the future for the time put into Mrs. Dickie’s case?

Well apparently, Mrs. Dickie also declared bankruptcy, which, if he were to choose, would have allowed Mr. Niman to write off “paper receivables” from his income tax . So, it seems Mr. Niman not only may pay less tax to Canada and Ontario by representing Mrs. Dickie, he got very valauable jurisprudence (for someone who practices this kind of law) by the Supreme Court of Canada preserving and extending the profitability of his genre of law in the future.

To top it all off, federal monies allocated to the Status of Women funding paid for Mr. Niman to take this case to the Supreme Court. This dangerous jurisprudence was funded by the Legal Education Action Fund (Leaf) which was set up in 1985 following the Charter to push for equal rights for women.

The irony is, this decision makes Canada less equal for men who are “totally exposed” if they choose to marry or to have children. Therefore, federal monies were used to put the interests of women forward at the expense of men who become divorced, which is arguably when advocacy monies become a violation of the Charter of Rights and Freedoms.

The “Nuclear Bomb” for Women and continued profits for the legal industry

According to Rochelle Cantor, one of Mr. Niman’s arguments to the Supreme Court in pleading for them to allow for this jurisprudence via the Dickie vs Dickie case, was that it “gives women a “nuclear weapon in matters of the family”.

Does anyone else have trouble with how this has developed? What is the real point of all of this? Is this really about poor Mrs. Dickie, who is currently working as a nurse in Alberta? Or, is this about those deprived Dickie children who are grown, who have trust funds barely depleted and who are either working or have been in an out of school this entire millennium?

Or, is this about feeding the pockets of the legal industry who have more tools to terrorise further the lives of those men who end up getting divorced, their second families and the children of second families?

After my previously posting this and this about gender bias by our judiciary, I am starting to wonder whether the politicisation of judicial appointments and the controversy surrounding this issue currently raised by the Liberals about the Conservatives does not need to be looked at more holistically. Previous judicial appointments by Liberal governments are failing it seems and are no better than the anticipated results from the current process proposed by the Conservatives to select judges.

If judges individually or collectively make decisions while on the bench implicitly or explicitly because of their own preferences, way of viewing the world, or a subliminal desire to indirectly facilitate more future business to the legal industry at the expense of gender equality, human rights and the Charter of Rights and Freedoms, the whole system (as well as those currently presiding) requires a complete overhaul.
----------

If anyone has a problem with this post, please let me know why. When one first opts to censor a very important perspective in all of this, it just makes the family law conspiracy seem that much more plausible.

Saturday, February 24, 2007

Debtors Prison for Deadbeats: a Nuclear Bomb for women who choose divorce?


Last night I arrived in Toronto from Montreal. I did not plan to write a post, however, on my way to my first appointment this morning, while driving past Queen’s Park, I changed my mind and I took a detour to the Lakeshore and I shot some “views”, including the one attached.

The situation is this: most of us assume that if we play be the rules, we should be able to avoid our being put in jail. After all, if we work hard, act responsibly and honour our commitments, there should be no problems, right?

Sadly, history has shown there are noble causes perhaps where ultimately and in retrospect the State looks foolish or self-interested. When Cassius Clay / Mohamed Ali was put in jail for avoiding military service in the US, this represented a class / race struggle with respect military service that led to change and the objective of racial equality. There are also situations of injustice because of blatant racial biases, such as Nelson Mandela’s life in prison as a result of decisions made by discriminatory governments in South Africa trying to prolong a very unjust status quo. In these cases the State had no regard for equality or human rights and no qualms about locking up certain persons to perpetuate the self-interested agenda of the State or those who represent the State. This is how these decisions are now judged by history.

Well, this week I discovered that Canada’s judiciary may one day be seen in a way similar to how we lament the previous lack of integrity by the US and in South African governments. Because some of the worst family policy in Canada comes out of Ontario (as well as Supreme Court Justices who have the worst “discrimination ratings”) when it comes to the likelihood of women winning and men losing decisions they adjudicate, my hotel in downtown Toronto is the perfect place for me to explain why all men (even those who never foresee them being affected by a divorce) should be on alert.

This week’s Exclusive interview with Dr. Kenneth Dickie from exile in Bahamas

Did anyone else hear the exclusive radio interview with Dr. Ken Dickie on Chin Radio, 97.9 in Ottawa hosted by Ottawa lawyer and mediator Ernie Tannis? For those interested in exploring which situations in life could lead to one being wrongly incarcerated, I recommend your requesting a transcript.

In this interview, Dr. Dickie broke his silence about his family law case, following much media hysteria in recent weeks celebrating the Supreme Court’s decision about “deadbeat dads”. This was followed by Olivia Chow’s ignorant comments in the House of Commons this week blaming “deadbeats” for child poverty in Canada. Dr. Dickie finally told his side of the story. More than ever, there is no doubt in my mind term “deadbeat” is a euphemism placed in our terminology to legitimise gender biased public decision making by certain governments and the judiciary.

What’s this all about?

Dr. Ken Dickie is the Ontario plastic surgeon and alleged “deadbeat dad” who lives in the Bahamas. He was officially placed in exile two weeks ago by the Supreme Court's decision 9-0 to overturn an Ontario Court of Appeal. The Court of Appeal would not hold Dr. Dickie in contempt for not putting up $250,000 in financial security for the education of his grown children because his claims that he cannot pay had not been heard by the Court. The Supreme Court says that doesn’t matter, so now there is jurisprudence saying that matters of civil contempt when information is still missing by a respondent are now punishable by jail. This is unbelievably bold jurisprudence because matters of criminal contempt would never result in jail under similar circumstances.

Now, Dr. Dickie will be put in jail if the Canadian authorities actually get their hands on him. He has lost his passport, which prevents him from leaving the Bahamas. And, perhaps most importantly, the State has made an example out of him personally so that all Canadian men who might consider getting married and/or having children one day should be on alert that any failure to “pay up“ if one‘s marriage ends up in divorce could mean jail.

Rightly or wrongly, decisions like this should cause a decline in the number of marriages and the number of children who are born. Furthermore, because individuals do not have exclusive control over whether their marriages work or not, it might also be prudent for all married and divorced men to now practice how to prudently and defensively pick up the soap in the shower. Or at the very least to be completely safe, just make sure you never drop that soap again.

Why doesn’t Dr. Dickie not just put up the ‘freaking’ money?

Even if it is ‘way over the top’ to put people in jail for civil matters, why does Dr. Dickie just pay? Could it be true that he cannot? Also, was he always a deadbeat? Did he ever pay for his kids?

Apparently, Dr. Dickie and his ex-wife signed a separation agreement at the time of the divorce in the early 1990s that made him responsible to pay her $1.25 million dollars over 10 years plus a $120,000 educational account for the kids. Both parties had sought independent legal advice at the time.

He contends that he paid his ex wife the agreed $1.25 million and the $120K for the kids education. He also claims that after making all these payments and after the ups and downs of his plastic surgery business in both Canada (which he shut down) and now in the Bahamas, he does not have the money/ equity to secure with a bank a “guarantee” to pay in security another 250K for the future education of children.

If it has been 15 years, how old are his kids? A deal is a deal, right?

Dr. Dickie was one month away from having fulfilled that separation agreement when his wife’s legal counsel sought to re-open a ten year agreement on the eve of its completion. After receiving monies from her ex that amount to what many people don’t earn in a lifetime, Mrs. Dickie retained Toronto family divorce lawyer, Mr. Niman, who went after more money to pay for the education of Dr. Dickie’s children. By this point, his kids were all in their late teenage years and early twenties. Some of them had jobs, even though the mainstream media covering the story continues to publish pictures of Mrs. Dickie with young children leading most readers and viewers to believe Dr. Dickie left his family in the lurch.

Dr. Dickie’s lawyer, Rochelle Cantor, explains that Dr. Dickie’s children are now all in their 20s. They have been in and out of school, they all have “trust funds” set up previously by Dr. Dickie to pay for their education. They have all been close to being adults since before Mrs. Dickie sought to reopen the separation agreement - for example, at least one has taken 6 years to pursue 3 year degrees, etc; and another is travelling the world in lieu of attending school using monies from savings and a “trust fund” to fund the experience.

Mr. Niman by reputation is a lawyer who specialises “lifestyle family law“. Some call this the exclusive practice of helping wealthy, sometimes angry divorcees take their ex-husbands for everything they are worth. Because collecting legal fees on a contingency basis is not accepted practice in Canada, Mr. Niman allegedly took on Mrs. Dickie’s case pro-bono. After all, further jurisprudence in family law that would create even more incentives for women to divorce would logically help Mr. Niman’s practice. Would this be an alternative way for Mr. Niman to recover fees in the future for the time put into Mrs. Dickie’s case?

Well apparently, Mrs. Dickie also declared bankruptcy, which, if he were to choose, would have allowed Mr. Niman to write off “paper receivables” from his income tax . So, it seems Mr. Niman not only may pay less tax to Canada and Ontario by representing Mrs. Dickie, he got very valauable jurisprudence (for someone who practices this kind of law) by the Supreme Court of Canada preserving and extending the profitability of his genre of law in the future.

To top it all off, federal monies allocated to the Status of Women funding paid for Mr. Niman to take this case to the Supreme Court. This dangerous jurisprudence was funded by the Legal Education Action Fund (Leaf) which was set up in 1985 following the Charter to push for equal rights for women.

The irony is, this decision makes Canada less equal for men who are “totally exposed” if they choose to marry or to have children. Therefore, federal monies were used to put the interests of women forward at the expense of men who become divorced, which is arguably when advocacy monies become a violation of the Charter of Rights and Freedoms.

The “Nuclear Bomb” for Women and continued profits for the legal industry

According to Rochelle Cantor, one of Mr. Niman’s arguments to the Supreme Court in pleading for them to allow for this jurisprudence via the Dickie vs Dickie case, was that it “gives women a “nuclear weapon in matters of the family”.

Does anyone else have trouble with how this has developed? What is the real point of all of this? Is this really about poor Mrs. Dickie, who is currently working as a nurse in Alberta? Or, is this about those deprived Dickie children who are grown, who have trust funds barely depleted and who are either working or have been in an out of school this entire millennium?

Or, is this about feeding the pockets of the legal industry who have more tools to terrorise further the lives of those men who end up getting divorced, their second families and the children of second families?

After my previously posting this and this about gender bias by our judiciary, I am starting to wonder whether the politicisation of judicial appointments and the controversy surrounding this issue currently raised by the Liberals about the Conservatives does not need to be looked at more holistically. Previous judicial appointments by Liberal governments are failing it seems and are no better than the anticipated results from the current process proposed by the Conservatives to select judges.

If judges individually or collectively make decisions while on the bench implicitly or explicitly because of their own preferences, way of viewing the world, or a subliminal desire to indirectly facilitate more future business to the legal industry at the expense of gender equality, human rights and the Charter of Rights and Freedoms, the whole system (as well as those currently presiding) requires a complete overhaul.

Saturday, February 10, 2007

Many thanks Dr. Dickie… for setting the rest of us back even further

There was plenty of media coverage yesterday about Dr. Kenneth Dickie, the plastic surgeon who moved to the Bahamas with his new wife in part to escape child and spousal support obligations. The Supreme Court ruled 9-0 (like they often do on child support issues like here because of this) that Mr. Dickie be held accountable and it looks like he is f-cked if he ever returns to Canada.

Thanks for the bad publicity, buddy… there are many of us who are working hard to fix a broken family law system that caused you to bolt. Now, the myth of the “deadbeat dad” is alive and well it is also “top-of mind“. Special interests who lobby hard for the need to have more and more enforcement of child support unnecessarily will use people like you to further their arguments.

On the other hand, from a policy perspective, there is an argument to be made that your departure from Canada, from the lives of you kids, job and friends could be viewed also as evidence that family policy is broken. After all, one measure of a successful policy is the extent to which those who are served and affected by policy comply with it voluntarily.

Dr. Dickie, either you are the ass that those who strategically use the euphemism “deadbeat” want to portray you as, or you discovered what many men themselves affected by family policy have already discovered : that the formula used to calculate child support according to the tables is based on flawed principles that not only make it unaffordable, make it so that it also benefits higher income mothers at the expense of lower income and who really need it. Why? The women’s groups who inputed into the process to create the tables focussed on mostly on themselves and the needs of higher income earning mothers, like lawyers.

Some say this issue is all about the money and to preserve the flow of monies from men to women, often inappropriately.

How are the tables out of whack and what are the signs that this arguably corrupt policy design process created an incentive (or no other choice) for Dr. Dickie to flee the jurisdiction and become a fugative on the run? What would Tie Domi think now that he has felt the intrusiveness of this system?

Here are the top five:

1. Where child support was previously tax deductible for fathers and income for mothers, in 1995, a Supreme Court decision changed this. Rather than making child support tax deductible for fathers and income for children (the intended recipients) which would make it tax free under $8600, the government did a tax grab and shifted the tax burden to fathers squeezing many even further.

2. Where child support is supposed to be for children of divorce to maintain their lifestyles in a way similar to how they would evolve in an intact family, the income of the mother is not taken into account by the child support tables - so the burden of paying for children lies solely on the father even if the mother’s income is higher (except in Quebec where the difference in incomes between mothers and fathers dictates the table calculation which is arguably the correct interpretation of the policy). Furthermore, these monies are paid to the mother who often use it to litigate against the child support paying father to selfishly keep him away from the children.

3. Child support according to the tables does not consider that in divorce families have to increase the number of homes supported by the same incomes from one home to two. Therefore, non-residential parents expenses go up because of the cost of housing, transportation infrastructure, and spending money for activities on weekends when the children will typically visit that is not considered when the table amounts were set.

4. Child support obligations can get in the way of non-residential parents being able to enforce access to their children, since a lack of federal policy makes it so that there is no non-litigious way to enforce access to children where a primary caregiver arbitrarily “denies it“. The cost of bringing a motion or a trial can become inaccessible for many who are already stretched to the limit by artificially high federal child support table figures.

5. While monies spent on litigation to collect child support are tax deductible while monies spent on litigation to enforce access are not. Family Responsibility Offices (FRO) are already there to enforce child support, with the power to remove driver’s licences, garnish bank accounts, incarcerate fathers and now, in Ontario, post the pictures of “deadbeats” on the internet. These same deadbeats (assuming like the State seems to do they are in the highest tax bracket) are paying 1 dollar to the lawyer and 1 dollar to the tax department to enforce access with their children via the courts. There is no institutional support for fathers enforcing access, notwithstanding that the FROs provide free enforcement to those who collect child support, 90% of whom are women.

There are many other indicators of failed and even gender biased policy, but this is not my point. My only other substantive comment is that the only way this case got to the Supreme Court was via advocacy funding from the Status of Women who give money to the Women’s Legal Action Fund (Leaf) to support litigation on issues such as this.

What about the 37.7% of fathers who don’t see their children because enforcing access for many men (with all these child support obligations a need to rely solely on slow, expensive and arguably biased family courts) is simply unaffordable? Proponents of change say there is just not enough money to do everything and financial support paid to mothers trumps relationship support for child/father relationships every time.

Also, with zero funding support from “Leaf” type organizations, is the administration of family policy also gender discriminatory on the basis of who gets funding and who doesn’t? Does the government have a role to play to help men in enforcing the frivolous denial of access by women who do it because the system is broken and they can without consequence? Or, does the State have an obligation to create institutional support to enforce child access much like other institutions previously set up to help enforce child support?

Yes, I am really pissed at Dr. Dickie, but for different reasons than those persons who like to use the words like “deadbeats”. At the same time, I would like to hear from anyone who disagrees that corresponding rules that affect child support (a policy for women because of how custody is awarded) and access (a policy for men because of how custody is awarded) are out of balance.

Is Dr. Dickie is a complete “ass” who deserved to be divorced, shamed, ostracised by society, aliented from his children and also locked up because he is cheap and doesn’t give a "rat’s ass" about his children? Or, were the financial obligations too much? Is it this that forced a man who was once respected and admired to go away in a form of "exile"? Is a system set up by and for wealthy (lawyer) women with access to billions of dollars in advocacy funds to lobby governments too out of balance for persons like Dr. Dickie to live comfortably in Canada?

Readers, you decide ...but please remember, it could also happen to you.

Saturday, January 27, 2007

(Part 1): finally... grassroots accountability for deniers of parent/child access


In a naive move that exposes just how much influence special interests have with policy makers in Ontario, Dalton McGinty's provincial Liberal government via Social Services minister, Madeleine Meilleur, MPP from Ottawa Vanier, announced yesterday that her department will use "shaming" to encourage "deadbeat" parents to pay their child support. Therefore, parents who fall behind in their child support for any reason will have ultimately have their picture posted on the internet as a "deadbeat".

What percentage of these "shamed" people will be men and what percentage of these people will be women? Because custody is awarded along gender lines in an inappropriate way in a country with a Charter of Rights, 90% of child support flows to women. Most men who have custody of their children do not collect child support, sometimes because they are afraid their ex-wives will challenge them for custody of the children in a gender biased system not trusted by many. Also, the patriarchy/double standard that is pervasive in society promotes when it is convenient that men are the "breadwinners" and women are the "caregivers". Many men who are eligible are too proud. In any case, I would be surprised to see the pictures of women posted as deadbeats, apart from a token one or two to try to prove wrong this post.

Therefore, why isn't Madeleine Meilleur honest that this is really about going after just the "deadbeat dad" again and because well funded advocacy groups have forced an inappropriate policy choice.

I have written about this type of policy choice before in other jurisdictions, and why it is simply bad policy. On December 10th I wrote:


"Ironically, on a day when thousands march on behalf of highly organised advocacy organisations defence of advocacy funding in Ottawa and across Canada, the UK announces (like in the USA) that the names of "deadbeat dads" will be published on the internet to encourage compliance.

Please remember:

· 90.2% of fathers with joint custody pay the support due.
· 79.1% of fathers with visitation privileges pay the support due.
· 44.5% of fathers with no visitation pay the support due.
· 37.9% of fathers are denied any visitation.
· 66% of all support not paid by non-custodial fathers is due to the inability to pay.

Simple analysis of these data suggest that there is a relationship between fathers who have access to their children and fathers who voluntarily pay child support. Connecting the issues of access and child support it seems would go a long way to making almost all fathers comply voluntarily with their obligations. Or, if one insists on being punitive, why doesn't the UK publish the names of mother's who deny access of their children to the other parent, and stigmatise those types of persons in the same way?"


If I were still a member of the party in Ontario, this would be grounds to "terminate" my membership. Other Liberals who believe in a just " society" might consider the same. After all, this is simply "bad policy" that resembles more the New Jersey model used for too long by Mike Harris' Conservatives. This is not an approach I consider to be (l)Liberal.

The spin created by advocacy funding the puts the best interests of one gender over another in spite of the Charter of Rights and Freedoms. This has worn thin. Finally, movements to apply the Charter to issues of the family have taken root, sadly only because of the grassroots and not because of any political will to do the right thing.

Overshadowed by this announcement is a move by "child/parents rights" organizations that will from now on hold those who "deny access" accountable by posting their pictures on the internet too. Because custody is awarded on gender lines (not because women collectively are any better or worse than men), it just so happens that the majority of parents who deny access are women. Why have governments chosen not to make access as much of priority as the enforcement of child support? The lobbies and the spin! To be equitable, the State should also equitably apply such punative approaches of "shame" to Canada's most notorious deniers of parent/child access. Or, make policy that will encourge for now men to pay their child support voluntarily by promoting access, and mothers to allow their children to have meaningful relationships with their fathers, in spite of "broken" policy and in spite of any "anger" that still lingers following the divorce.

For now, that is obviously neither here nor there.

So, for today, the poster children of the denial of access are the enablers, Madeleine Meilleur and Dalton McGinty. These persons entrusted by the public have done nothing but create bad policy that perpetuate the myths "dreamed up" and promoted by those who receive advocacy funding. These groups lobby governments to make policy that benefits one gender at the expense of the other. Meanwhile children, men, women and second families suffer and are "second class" in this otherwise great country of ours.

When I left Ontario, it was in part because Mike Harris made Ontario a "police state". Unfortunately, Dalton has "dropped the ball" by doing nothing to help Ontario become the equitable and just society it needs to be under any Liberal government.

In am sorry that the provincial cousins of my federal Liberals have it seems simply "changed dirty underwear" with Mike Harris conservatives. As a ideological liberal, my opinion is that this is a derelection of Dalton's government's responsibility to govern fairly and to uphold the human rights principles also along gender lines. I am sad to say Dalton's team do not deserve to be re-elected provincially, especially with inequitable moves like this.

Perhaps David would talk some sense into his brother, please?