Defiance in the court

 

Chris Carter of Canada Court Watch outside the Chatham court after his release on February 23, 2012. Photo danage.com

By Greg Holden

Thursday at the courthouse in Chatham, Chris Carter held his ground the best he could. Which is to say he held his ground, while being threatened with new charges, while a prisoner and in handcuffs. Carter was armed with legal statutes only memorized, a fearless approach to the court, and a T-shirt that advertised Canada Court Watch. Court officials expected a confrontational bail hearing. On Wednesday Carter had made 4 appearances in bail court and no agreement had been found, but the body of the court had exploded with loud support of Carter as he refused the conditions of his release. No agreement was made and his matter was put over until Thursday. He was before the court on a Personation charge that was laid after his arrest on Tuesday during a protest against Chatham-Kent Children’s Services.

Unusual Scene In The Court

Unusual steps were taken for the bail hearing. One court officer spoke with myself and a Canada Court Watch supporter, threatening us with removal from the court’s property and said we could not return if we clapped or made noise in support of Carter. The previous day supporters had disrupted the court with cheers and applause. I was not there, nor have I ever considered disrupting a court. Nonetheless because I sat beside a CCW supporter I too had the warning. There was a partial publication ban in place, preventing the reporting of CKCS worker names, which again was not going to happen in the CKReview anyway. A few armed officers stood at the back of the court and in the adjoining hallway. Carter had to remain in the body of the court after his release, until his paperwork had been signed.

Randy Semeniuk, Assistant Crown attorney, seemed impatient as Carter argued from his place of extreme disadvantage. Carter was asked if he accepted the terms of his release, to which Carter relented and said “unfortunately I accept”. Carter seemed more concerned about helping other people with their CKCS cases than his own freedom and expressed concerns he would be unable to do so on his release. Arguing with the crown on his conditions, Carter emphasized that he wished to have contact with CKCS workers indirectly, in emails that other families request he writes on their behalf. Carter assists people who have cases before CKCS and uses his legal experience to help them, people are often referred to him. Carter expressed concern that his writing style was unique, and although these cases did not involve Carter directly it would be obvious to Children’s Services workers who wrote the document. Semeniuk relented to this condition and included a provision on the conditions that stipulated Carter could have no verbal contact with CKCS employees. While clarifying the conditions, a rattled Miskokomon mis-stated them as “having no contact or verbal contact”, when the provision as proposed by the crown was that there be no verbal contact only.

The Court Pushed Back

When first brought before the court, Carter was quite defiant and interrupted the crown as he spoke. Sometimes rambling, Carter brought arguments that would normally be brought during the course of a trial and not at a bail hearing. The crown, and the Justice of the Peace Marsha Miskokomon, argued right back and demanded Carter either agree to the terms of his release or not. Carter wanted more clarification however and demanded a “judicial reading”, which is a legal explanation of why the terms of his release had changed from the previous day. Miskokomon complied with Carter’s request and explained that Carter had refused the previous offer (and it was off the table), and on this day a new Assistant Crown was on the case and was entitled to make a new offer. Previously Carter had the right to speak with CAS, but on this day Semeniuk included that his release include the provision he could not do so. Outside the court Carter remarked “those things can be changed”, speaking about possibly having a hearing that could change the conditions of his release.

Carter is next in court on March 2, to set a date or for resolution. After yesterday’s proceedings, expect a date to be set for trial.

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10 Responses to "Defiance in the court"

  1. Lisa Droeshout   February 24, 2012 at 4:02 pm

    Stand your ground Chris, you are doing right by the children and the families you help!

  2. YVONNE CRAIG   February 24, 2012 at 4:09 pm

    CHRIS: You know I’m VERBAL…but I’m utterly speechless at the system; so aghast I can’t formulate anything constructive just a rambling stream of DISTASTE/DISDAIN; not just for Chatham-Kent Crown Attorney’s & Judicial reasoning…but it’s representative of the system…in a bigger city there would have been more objectivity (I think) & less leverage, advantage for CAS by law enforcement, the Crown & the JUDGE seated on the bench. I have no words…the Province see’s & hears whats going on. It’s in the court record; now it’s transcending into more criminal context in that people’s civil liberties are being ANNIHILATED in the status quo maintainance of CAS POWER. Ontario is delegating every advantage, every administrative resource; all it’s energy into “IGNORING” the need for accountability whilst our ONLY MECHANISMS for reform are forcefully pressured into supplication, such as this example; in an effort to limit exposure, revoke attention to the issues. Over & over AGAIN, is this WHAT OUR PREDECESSORS FOUGHT FOR IN WAR; DOES THIS TRANSLATE TO FREEDOM & DEMOCRACY…Ontario is OUT OF IT’s JURISDICTION…OH MY GOSH I want to SCREAM the relevancy of being Ultra Vires. WHO AMONG YOU out there in the field of LAW is willing to take on a Charter challenge on the merits of Ontario’s CFSA being declared, “ULTRA VIRES”; to do this on the principles of “righting” the imbalances for the sanctity, preservation & PROTECTION of Ontario children, which would extend to their natural FAMILIES. Primarily…is it not CLEAR how this ‘highlights’ the contra-indications of the constitutional proclivities of “paramountcy of children’s RIGHTS & INTERESTS”. Ontario’s child protection act is effectively VETO’ing the integrity of this FEDERAL statute. When such occurrence transpires in definition then the legislation is deemed as being ‘above it’s jurisdiction” (for more complex reasons as well). End point BEING…Legislative policy/legislation CANNOT be in CONFLICT with Federal law, PROTECTIONS or provisions! I would declare that Ontario’s activities in the EVER INCREASING MAGNITUDE of the sweeping powers it’s BEQUEATHED to an ENTIRELY unaccountable child protection agency DOES PLACE IT IN INFERNAL conflict with Constitutional parameters!!!!!!! Who then is willing to RISE, to give CREDENCE to the legal profession for the benefit of children & undertake a CLASS action…to have advocates & activists whom are parents “wronged” by the system; parents REPRESENTATIVE of their CHILDREN’S INTERESTS…to CHALLENGE the constitutional validity of Ontario’s CFSA? Despite the applications of “exemption” for child protection interests…this is NOT as MOOT an argument as a lawyer may think. It takes a sophisticated APPROACH of analysis…an analytical MIND to restore some BALANCE since Constitutional amendments unleavened things, disempowering individuals abilities as the ‘voice’ for their children & heightening the socialist dynamic of promoting children to a nearly omnipotent position as rights baring individuals. It’s a very complex & sensitive balancing act…not all parents are credible & treat their children properly; but this ABSOLUTIST system of all or nothing…ensnaring all children under ambiguous definition, on SUBSTANTIVE clause…there’s no protections afforded in that UNMERITTED apprehensions won’t occur when you have such liberal terms as “suspicion” or “allegation”. The Premier himself can become suspect…no one is person is completely infallible. There’s no structural balance…it’s design which morph’s & changes to suit it’s agenda; it infringes on the people’s freedoms…it’s RIFE with errors.

  3. Brad Winger   February 24, 2012 at 7:24 pm

    My understanding is that his arrest came about because he had identified himself by something other than his legal name. I demand that the following individuals immediately be arrested and charged should they ever set foot in Chatham Kent:
    Elton John
    Alice Cooper
    Kid Rock
    Bob Dylan
    Lady Gaga
    Sting
    Bono
    Martin Sheen

    I am sure that there are many others who should be added to the list.

    • Paul Johnson   August 8, 2014 at 12:26 pm

      The artist formerly known as…?

  4. maryanne valeria bruckner   June 12, 2012 at 12:36 am

    I,M VERY SADEN ABOUT OUR RIGHT TO SPEAK UP WHEN WE WAI DID LOVE A MAN BUT CAUSE I HAVE A BAD RECORD IM WRONG WELL WELL IM SMART BUT THIS MAN THINJKS IM NUTS WE AS PPL HAVE RIGHTS SO HES GIONG TO COURT TO HAVE THE NON COMMUNCATION ORDER DROPPED AND THEN HE HAS TO ADMIT HE HURT ME AND TELL THE COURTS HE WANTS TO SEE ME WHAT IS MYERS GIONG TO FEEL AFTER MY EX PULLED HES ALARM THEN MYERS CAME AND MY EX HAD ME UPSTAIRS HE LIED AND THEN MYERS SAID SIR YOU WILL GET DRUNK AND HAVE HER BACK IM A PERSON WHOS GOOD TO MEN BUT THIS ONE TALKS BEHIND ME I LEFTY HIMNT THE COPS ARE SO RUDE AT DAYS WHEN A COP TOLD MY EX AT THAT TIME .I WAS HURT IN DOMESTIC CALLED ME NAMES BY A COP MYERS AND KNOW THEY HARRASSE ME BUT MY LAYWER SAYS THEY CANT BOTHER PPL IN LIFE UNLESS THEY HAVE THE RIGHT TOO .THIS COP WENT ON MY EX SIDE BUT I WAS STUPID GIONG BACK TO A MAN WHO ABUSED ME 20 TIMES IN THE FACE AND HE WAS CHARGED BUT HE USED THE SYSTEM TOO TREAT ME LIKE SHIT AND LET A KNOWN DRUG DEALER AND A ABUSER MOVE IN AND ABUSE ME AGAIN THEN THEY GOT THE CHARGES DROPPED AND I HEAR MY EX MISSES ME BUT HE LETS PPL RUN HES LIFE MYERS HES BEST FRUIEND ROOKIE COP TELLS HIM I TRIED TO CHARGE HIM WELL IM DIONG A LAWSUIT GOOD AHEAD BUDDY SPEAK UP WE DONT LET A BUG RUIN US FUCK NO YOUR SEXY THANKSIM SINGLE BLOND WAY TO GO WE ARE ALLOWEEED WATS IT CALLED FREEDOM OF RIGHTS/.//////

    • CANADCE   June 12, 2012 at 12:43 am

      GOOD THING CAS SUCK IM A MOM OF FIVE WONDERFUL CHILDREN WHO HAVE BEEN IN THE SYSTEM DUE TO MY LIFE STYLE BEING ABUSED .IVE LIVED A BAD LIFE AS MANY BYEARS WELL THIS GUY SPEAKS UP GOOD COPS IN CHANTAM KENT ARENT GOOD IT TOOK 18 MINUTES TO RESPOIND TO A DOMESTIC WELL MYERS ACOP DONT LIKE ME PUTS ME DOWN CAUSE OF A RECORS WELL WAY TO GO BUDDY I TYPE WITH ONE HAND ITS NEAT I HAVE TOO HANDS BUT I WANT TO THANK YOU FOR SPEAKING UP CAS TRYUS TO TAKE EVERY CHILD ITS SELLING BLACK MARKET I KNOW A MOTHER OF 4 KIDS DRUGGIE DRUNK WHO DONT DERSERVE THEM GET HELP OR LOSE THOSE KIDS IM A MOM WHO FOUND MY DAUGHTEWR AFTER V38 YRS I WAS IN THE SYSTEM WE ARE NO GOOD WELL THEY ARE LIKE US DSRUNK OR PARTY ABUSE THEY LOVE THERE 9 TO 5 JOB WELL SPEAK UP COPS IN THIS TOWN ARE ROOKIE LIE LAZY BUT SOME ARE AWESOME ALL I CAN SAY BUT SOME COPS TREAT YOU LIKE YOUR NOONE A MEANTAL ILLNESS WELL LAWSUIT IS GOOD

  5. Attila_L_Vinczer   August 8, 2014 at 8:05 am

    The Judicial machine that is working hard to grind Chris Carter up. Well, Chris Carter is the wrench in the gears of a systemic problem, families are facing at the hands of CAS unregistered workers. They utilize the police, OUR courts, Crown Attorneys (paid for by you and me), MDs, they even get the services of SWAT officers to steal children from loving parents.

    Chris Carter is a fearless Canada Court Watch Warrior, who I support and admire.

  6. driversuz   August 8, 2014 at 9:59 am

    Another common situation that will be ignored with a shrug. “Well he must have done something…” or, “Just a fluke.”
    These “flukes” are now the standard. What Canada’s courts do to its men is a disgrace to the entire nation.

  7. menrppl2   August 8, 2014 at 1:00 pm

    In the name of God……bloody crusades, inquisition
    For the good of the master race……persecution of Jews

    In the name of helping women, for a kindler gentler country…….corrupt, discriminatory Ontario family courts and CAS

  8. TPH   August 8, 2014 at 7:12 pm

    I really admire Chris Carter, he has the huevos to keep challenging a corrupt court system despite their efforts to muzzle and silence him. We need more like him to challenge the corrupt and politically influenced court system.

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