I will start smoking weed. The reality is too harsh for me.
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CAS took your kids away???
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you guys are morons. i havent seen anyone get paranoid.
my concentration and confidence skyrockets. My mind is focused and goal oriented. i removed those posts because i was trying to edit something but it didn't work and i accidentally posted 2 more posts.
you guys are the ones who are paranoid.
Some of the most intelligent people i know smokes weed.Last edited by SynGreis; 05-09-2013, 08:26 PM.
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Originally posted by SynGreis View Postyou guys are morons. i havent seen anyone get paranoid.
my concentration and confidence skyrockets. My mind is focused and goal oriented. i removed those posts because i was trying to edit something but it didn't work and i accidentally posted 2 more posts.
you guys are the ones who are paranoid.
Some of the most intelligent people i know smokes weed.
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Originally posted by SynGreis View PostSo i sat in court yesterday and a hearing went up. It wasn't a motion but a writ.
Originally posted by SynGreis View PostWhat writ you may ask, glad you asked....This is going to be good
Originally posted by SynGreis View PostA Quo warranto writ. Its a writ which takes precedence over motions and certain petitions. Essentially what went down is something like this,...
M.W. v. E.B., 2003 CanLII 2360 (ON SC)
Date: 2003-05-05
Docket: 15548/03
Parallel citations: 38 RFL (5th) 443
URL: CanLII - 2003 CanLII 2360 (ON SC)
And if you read that case law you will see in what context the terminology is used...
Originally posted by SynGreis View PostA man and woman presumingly the parents a children in question had CAS take their children away on an alarming call claiming that they abused the children by way of neglecting them.
So, if you have more details as to the "neglect" that was being alleged against the parents that would help make your "story" more realist.
Originally posted by SynGreis View PostThe man mainly spoke and interrupted the justice immediately and proclaimed sovereignty in the court.
Originally posted by SynGreis View PostYour probably thinking some of you...oh it must be that stupid freeman shit. But hear me out mk?
Originally posted by SynGreis View PostHE proclaimed sovereignty and reserved all rights. Not just his. When the justice tried to speak about following court rules he responded point of order under what authority do you have to address me in that capacity. Justice was referring to the word "You".
Originally posted by SynGreis View PostSufficient to say the justice didn't say a lot after that.
Originally posted by SynGreis View PostThe man began to explain his reasoning behind the writ of Quo warranto and demanded that CAS produce IMMEDIATELY substantial evidence to back their claim.
Originally posted by SynGreis View PostThe CAS was given an opportunity to respond by oral statements, they claimed that they are relying on parens patria.
The court, not CAS, assumes the role of parens patria if an order is made for protection.
The court's role on the adjudication of child protection proceedings has a dual character. In determining whether or not a child is in need of protection, the court's role is to determine disputed facts between litigants, and there is no rationale for its relaxing the rules of evidence. However once a determination has been made that a child is in need of protection, the rights of the parents are subjugated to the best interests of the child, and the court assumes a role much more closely aligned with the historical parens patriae jurisdiction exercised in England and described in Winnipeg Child and Family Services v. L.(L.).Originally posted by SynGreis View Postthe man immediately responded with how parens patria was at the courts discretion with the presumption of jurisdictional requirements were met.
Continued... (As you often have to do when responding to this poster...)
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Originally posted by SynGreis View PostHe went on and explained that CAS has harassed them constantly and that they wish to do harm by way of kidnapping.
Originally posted by SynGreis View PostThe hearing was adjourned for 1 hour until they can get the agent who authorized it. There was no way i was going to miss this.
Originally posted by SynGreis View PostSo the hearing was resumed and the agent was present. The man continued and demanded to see evidence and made an oral submission of another writ called writ of Certiorari. He demanded the court accept it and the court clerk recorded it on the spot.
Not sure how often the Family Services Act sees this stuff... Too lazy weeding through this one to bother even searching on CanLII and based on my last searches that resulted in one (1) hit... I can only assume that it isn't very often.
Originally posted by SynGreis View PostThe justice asked if she was able to speak to address this issue so the defendant can defend themselves (Holy shit!!).
Originally posted by SynGreis View PostCAS position was again relying on the statement from an anonymous tip and that certain privacy issues were present. The justice flat out said other than the anonymous tip what other compelling evidence do you have or wish to present to support this order.(their motion was also addressed the same day).
Originally posted by SynGreis View PostThey didn't bring forth anything and stated that they do not have any other evidence they wish to bring forth. The man instructed the justice that mala fide is sufficiently present, the justice followed the instruction and asked the worker what made her authorized this. The agent did not give a reason other than following the protocol.
Originally posted by SynGreis View PostThe justice then stated that the court finds that bona fide is lacking and that the children services act does provide immunity of all types for CAS agents under the presumption that they act in good faith/bona fide. The justice also ordered the immediate arrest for violation of the criminal code of Canada and placed a charge on the agent for kidnapping a youth unlawfully.
Now this is where I call extreme bullshit. (See red highlight.) Big time. I follow matters across a number (even as far as Winsor) when it comes to 282.(1) and 283.(1). I would get about 10 phone calls if that actually happened. It hasn't happened and I will be calling Windsor, Hamilton, London, Kitchener, Waterloo, Brampton, Toronto and Oshawa court houses to chat with my friends in the clerks offices to see if there was a bench warrant issued in a child protection matter for child abduction.
Originally posted by SynGreis View PostThe justice also issued their own writ of Mandamus immediately returning the child to the parents.
Originally posted by SynGreis View Post3 writs in 1 hearing, CAS lawyer was pissin sweat because how nervous he was.
Best part is i knew EXACTLY why and how he did it Now i was invited to go see them on sunday because i chatted with him after and asked how much he really knew .
That is how you get shit done. Im done my 2 cents
Good Luck!
Tayken
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Thought you retired.
i did not see the court file number i glanced at it.
we tried to get transcript, court clerk said that it was locked. I dont know all the detailsd only what i saw with my own eyes.
again we tried to pull the transcript but the court clerk said the transcript were either locked or lost. Its not often when people claim sovereignty and do it right.
for the fmotl from what i can tell this man served nothing other than a writ. That is not exactyl ambushing, and he backed everything up with law, otherwise the justice wouldnt have a problem arresting them or kick them out, but they couldnt because he seized the court.
the justice was acting as the assigned administrator over the hearing, but it was revoked when all rights were reserved. Hence the principle(parents) revoked the justices right to address(too long to explain).
under the act it wasnt clear for quo warranto, my assumption is CAS, it also applies to provincial.
my guess was that the CAS was relying on that the court would take parens patria.
never been to canadawatch.com or w/e. Shit happens all the time, but it never hits public record because its "not the best interest of the public". Public is NOT what you think it is.
it might not be agent per se but the one who authorized that CAs should be involved and to remove the child.
you re right it requires a higher court. HE was in provincial so it was heard and moved to superior. Yes in the same day. i missed 5 minutes here because i was trying to find the people who were involved. My thoughts was that they may just have it another day but they considered it pressing and thus checked and confirmed that superior court can hear it the same day.
i didnt claim anything since this wasnt my case so i dont have the full story.
go for it, like i said not my case. But i wouldnt be surprised if there isnt one, i know my personal charges were removed when a superseding bond underwritten the crown. Its how pardons are granted. More power to you. Windsor.
I dont know why they didnt jsut order it, maybe it was because what the man did in the court, i dont understand it either.
i know how he seized the court but im not going to explain it to you, because you would have to hit some law libraries and understand contract law. Get what adhesion contracts are and understand that courts are just for profit private corporations. Then you can piece things together.
If you have anymore questions that i didnt respond to, your shit out of luck chances are because this is all i know since this was not my case to begin with and the man divulged very little. HE did give alot but im not putting it here.
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Originally posted by SynGreis View PostThought you retired.
Originally posted by SynGreis View Posti did not see the court file number i glanced at it.
Originally posted by SynGreis View Postwe tried to get transcript, court clerk said that it was locked. I dont know all the detailsd only what i saw with my own eyes.
Originally posted by SynGreis View Postagain we tried to pull the transcript but the court clerk said the transcript were either locked or lost. Its not often when people claim sovereignty and do it right.
Originally posted by SynGreis View Postfor the fmotl from what i can tell this man served nothing other than a writ. That is not exactyl ambushing, and he backed everything up with law, otherwise the justice wouldnt have a problem arresting them or kick them out, but they couldnt because he seized the court.
Originally posted by SynGreis View Postthe justice was acting as the assigned administrator over the hearing, but it was revoked when all rights were reserved. Hence the principle(parents) revoked the justices right to address(too long to explain).
Originally posted by SynGreis View Postunder the act it wasnt clear for quo warranto, my assumption is CAS, it also applies to provincial.
What court was it in? OCJ?
Originally posted by SynGreis View Postmy guess was that the CAS was relying on that the court would take parens patria.
Originally posted by SynGreis View Postnever been to canadawatch.com or w/e. Shit happens all the time, but it never hits public record because its "not the best interest of the public". Public is NOT what you think it is.
Originally posted by SynGreis View Postit might not be agent per se but the one who authorized that CAs should be involved and to remove the child.
Originally posted by SynGreis View Postyou re right it requires a higher court. HE was in provincial so it was heard and moved to superior. Yes in the same day. i missed 5 minutes here because i was trying to find the people who were involved. My thoughts was that they may just have it another day but they considered it pressing and thus checked and confirmed that superior court can hear it the same day.
Originally posted by SynGreis View Posti didnt claim anything since this wasnt my case so i dont have the full story.
Originally posted by SynGreis View Postgo for it, like i said not my case. But i wouldnt be surprised if there isnt one, i know my personal charges were removed when a superseding bond underwritten the crown. Its how pardons are granted. More power to you. Windsor.
Originally posted by SynGreis View PostI dont know why they didnt jsut order it, maybe it was because what the man did in the court, i dont understand it either.
Originally posted by SynGreis View Posti know how he seized the court but im not going to explain it to you, because you would have to hit some law libraries and understand contract law.
Originally posted by SynGreis View PostGet what adhesion contracts are and understand that courts are just for profit private corporations. Then you can piece things together.
Every time you agree to a EULA you are committing yourself to an "adhesion contract" ("take it or leave it"). Leases and insurance contracts are adhesion contracts... Are you trying to state that there is some sort of contract between the litigants and the justice?
Originally posted by SynGreis View PostIf you have anymore questions that i didnt respond to, your shit out of luck chances are because this is all i know since this was not my case to begin with and the man divulged very little. HE did give alot but im not putting it here.
Good Luck!
Tayken
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Originally posted by Tayken View PostSo, basically, you are keeping the key to the castle to yourself. Fine. I am of the opinion that the castle doesn't even exist and is mostly a story.
Originally posted by slughead10 View Posti thought these problems only occur when you stop smoking weed?
Ok, ok, maybe I've rolled a few too (pre-child). I never inhaled though.Start a discussion, not a fire. Post with kindness.
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