DEREK'S TRIAL INFO UPDATE

Our pretrial which was scheduled way back on Jan 22nd 2012, was scheduled (I found out later) on a "remand date". After briefly touching on the details of the case and witnesses, the judge ordered a proper pre-trial hearing which has been rescheduled for Nov 23rd, for the trial which is scheduled for Dec 7.

MCFD has now stated that they will not be upgrading their custody order from a TCO (temp custody) to a CCO (permanent custody). This issue was raised, because the act (CFCSA) states that a child Ayn's age cannot be held in temporary custody for more than 18 months, by the time of trial this will be 18 months. MCFD is now however stating that because they do not have temporary custody (still operating on a 22 day interim order) that the 18 month clock will not start until after teh trial assuming that they are indeed granted the temporary order.

I have recently received a call, which I knew was coming from MCFD in regards to setting up another Mediation, I believe with the goal of structuring a return. The date suggested to me for this mediation was Dec 7th..... the first day of trial. I have refused this date as I want nothing to delay the trial which I have been waiting for since the day she was removed. I have yet to hear from MCFD in regards to an alternate date, though I have offered to make myself available to them prior to the beginning of trial, if they indeed would like to avoid it.

I am still pondering why or who, tried to set this date for the first day of trial, and can only speculate thereof. I see no reason to delay judicial oversight of this action.... I have no idea what to expect of the court or its impartiality, but I have to atleast try to reason with the system. A TCO hearing will be my first opportunity since removal to actually speak to a judge in a forum where I can refute the affidavit of the director. That is a point that I really do not believe Canadians are aware, 18 months to dispute this action. And even then I am unsure whether I will be able to refute the removal, or whether the sole focus will be on the 90 day TCO requested. This is frightening because I fear a judge will be more blase to such a request and simply defer to the ministry since they are simply asking for 90 days. I want the rationale for this action judged, the 90 days are only relevant in the context of a relevant removal. This was wrong... give me back my daughter!

Well as it stands I am representing myself, and as hard as this may be to understand I cannot allow that issue to delay this TCO hearing, nothing matters more to me than getting her home. I know legal representation would help but this close to a trial it will likely also delay the Dec 7 hearing. I know I can articulate this, and will do my very best for her. I am continuing to seek representation however I will go ahead with the trial regardless.


Blogger's Note: November 29, 2012

The Nov 23 Pre-trial session was cancelled. So Derek has yet has an opportunity to speak in court to prepare for the trial that is to begin in 8 days. How much more injustice can be thrust upon this family?

Derek is strong not just in his love for his daughter Ayn but also in his resolve, determination to see justice served for her. Thousands who have come to love this little girl and her family pray that this will happen soon. 

Read about this story from the beginning at 

http://www.freedomforayn.blogspot.ca/2012/04/from-beginning-of-story.html.

Other than what you read above, little has happened to report about in the past 10 months! Today Ron Unruh  writes PHOTOS DO TELL THE STORY http://ronunruhgps.blogspot.ca/2012/11/photos-do-tell-story.html?spref=fb which I think helps us to continue with hope that just will soon be served, Ayn will be home with her parents and brothers and their love will help them to begin the healing process.

I encourage you to read the above links, learn or refresh your memories, so that you will be very aware of why there will soon be a global celebration when Ayn returns home. In 15 days Ayn will be 11 years old ~ she was 9 when taken from her family  in Abbotsford, BC by MCFD, the Ministry of Child and Family Development, the Government of British Columbia, Canada. 

Yes, we all wonder how this can happen in a country that apparently honors the rights of its citizens, including the rights of children!.