Judge katerynych stated: "...the fact that the children are Aboriginal has no bearing in the court’s decision-making process nor mine..."
When our children are apprehended, the courts (child protection workers) do not serve the Chief and Council those legal papers. The Supreme Court of Canada ruled many years ago that a Reserve is not considered legally served unless the Chief and Council themselves are served papers regarding legal actions against them. Yet notice of apprehensions and associated court actions are still only served to Native Child Workers. Child Protection workers are bound by laws that prevent them from disclosing these legal proceedings to Chief and Council. Our Children's Rights are denied everyday by workers and the courts.
These workers, Native and Non-Native, actually work for, and are mandated, by the Province, they do not represent the legal interests of Bands, our children, it is a conflict of interest.
For example: It is woven into Provincial Law, such as in Ontario that " Under Ontario law, native children taken from their families must be placed in their band or in native families, unless a "substantial reason" exists for not doing so. Ontario's Child and Family Services Act gives native bands the same right that natural parents have to contest an adoption." The "Bands" have that right not Child protection workers.
Currently only Native Child Protection workers are served such legal papers. They do not, as provincially mandated child protection workers, have the same rights of the biological parents that the Bands are given. On Reserve Child and Family Workers do no have legal standing in court on behalf of Bands, since the original notice of legal action was not legally served under the definition given by Supreme Court of Canada Ruling; which means to Chief and Council.
It could also be phrased as a question: "How can a Band properly address a matter in a legal manner for which it has not been given proper legal notice?" The Supreme Court of Canada amended the act within the constitution to bind systems and institutions in this way for the protection of community interests. An amendment in these cases affecting the children of our communities which are completely ignored and/or conveniently overlooked.
We the undersigned send this as a complaint against the above mentioned (Judge Katerynch,Jarvis Street Family Court Toronto Ontario) and as a complaint against those other individuals’ party to the events, circumstances and final outcomes that led up to and followed after the ruling that the Children's Aboriginal Status had no bearing in the court.
We are asking that a full review of that decision and how it came to be made, contrary to the mandatory review for Plans of Care within a First Nations Context having status for consideration before others.
Those indicated in the document above in a general sense, and to what extent more or less either through dereliction or collusion are party to the matters therein disclosed, should be investigated, determined by the appropriate offices(ers), Departments, and Institutions where it is known by them to be a responsibility they ethically or under the law have.
Stop Procedural delays that run the time on the clock down against First Nations Families and their/Our Children. Live up to the spirit of our agreements and honour those.
Thomas Michael Francois
This petition closed almost 2 years ago
Native Child and Family Laws need to be applied in a timely manner by the system without procedural delays. These delays cost families and communities the loss of their children because the time...
Native Child and Family Laws need to be applied in a timely manner by the system without procedural delays. These delays cost families and communities the loss of their children because the time on the clock has intentionally been run down. Demand that mandatory reviews for Plans of Care within a First Nations Context not be removed for consideration by Provincial Judges contrary to Federal Protections.
So that current Amendments to the Indian Act by the Supreme Court of Canada are followed by Provincial Child Protection Agencies. That the Provinces no longer be allowed to circumvent First Nations Family Law where it has been woven into the law of that province; and so that the Provinces do not conflict with Federal Laws and amendments but respect and honour them. our children, our families and our communities.