Friday, June 22, 2012

Father who blames obesity for losing custody of kids plans hunger strike



How much weight is too much weight to raise children?
One Ottawa father of two claims the family court has pegged that number at 360 pounds — his current weight.
As CTV News reports, the 38-year-old man, who can't be identified under the Child and Family Services Act, is planning a hunger strike after a judge ordered that his children be put up for adoption.
According to the father, the number on his scale played a role in his loss of custody.
"One of the reasons they used is because I was too fat, and couldn't keep up with my children," he told the news network.
At 360 pounds, a doctor at the family court clinic said the man's physical issues interfere with his ability to raise his children.
"(The father) has struggled with obesity for years, which impacts significantly on most aspects of his life including (his) functioning as a parent," the doctor wrote.
The man previously weighed in at 525 pounds and told CBC that, while he was offered taxpayer-funded gastric bypass surgery, he preferred to do it on his own so he would "respect the weight loss" himself.
He said he hasn't seen his children for over a year and accuses the court of leveraging his obesity to keep the 5- and 6-year-old boys in foster care.
"They picked the one thing they could use as a quantitative number. I'm a fantastic father, I love my kids wholeheartedly."
The father said part of his weight problem stemmed from his poor relationship with his ex-wife (and the children's mother), which caused him to overeat, but that he's overcome that impulse.
The children were removed last year from their mother's home after she was hospitalized for a suspected drug overdose and a "mental breakdown."
Though court representatives are prevented from commenting on the case, they released a brief statement saying, "Every case is unique … mental and physical issues are examined as well as any special needs of the children."
There are also a number of other factors that may have contributed to the court's decision.
While he now claims to be clean, the father has copped to past issues with marijuana use and minor run-ins with the law. The court also described him as aggressive, a charge he firmly denies, adding that he's completed anger management classes.
Meanwhile, the story has traveled as far as the Daily Mail as people weigh in on whether waist size should have any impact on a parent's legal right to raise his or her children.

Thursday, June 14, 2012

Top court hears landmark spousal abuse case


The Supreme Court of Canada heard arguments Thursday on whether victims of domestic abuse can hire a hit man to kill their partners, a controversial issue which tests the limits of the defence of duress.
The case involves a Nova Scotia woman, Nicole Doucet, who tried to hire an undercover RCMP officer to kill her husband Michael Ryan.
The high school teacher was arrested in March 2008 and charged with counselling to commit murder.
She was acquitted of the charge two years later after the Nova Scotia Supreme Court accepted her argument that she thought she had no other way out of an abusive 15-year marriage to a man who repeatedly threatened her and her daughter.
At trial, her lawyer successfully used the criminal defence of duress, arguing that she had no other avenue of escape from the situation. Duress is usually used when someone involuntarily commits a crime after being threatened by another person.
The Nova Scotia Court of Appeal upheld the ruling, saying the marriage amounted to a "reign of terror."
The Supreme Court recognized battered woman syndrome in a landmark 1990 case. It outlined how a woman in an abusive relationship who kills her partner can use the Criminal Code’s self-defence provisions to argue for an acquittal.
But Nova Scotia prosecutors say the self-defence provisions and the defence of duress were incorrectly applied in this case.
During Thursday's proceedings, the prosecutor's office argued that the defence of duress has been mixed up with the defence of self-defence, CBC's Leslie MacKinnon reported from the court. They argued that a future jury would find it confusing to deal with trying to filter which defence applies to which case.
Delaney also argued that the "air of reality" was not there for the duress defence and that the two had been separated for seven months and that Doucet was well on her way to independence.
He also said Doucet had an avenue of escape — a transition house — something the trial judge had rejected.
But Joel Pink, a lawyer representing Doucet, argued that the trial judge accepted all the facts and that she didn't tell police about the sexual assaults because police would have gone to her husband and he would deny it.
He said the breaking point was when Ryan showed up at the school where Nicole Ryan worked. Less than a month later she looked for a hitman.

Judge found guilty in rare murder trial; killed wife, court says

http://ca.news.yahoo.com/judge-found-guilty-rare-murder-trial-killed-wife-185809492.html

Judge found guilty in rare murder trial; killed wife, court says

QUEBEC - A retired Quebec judge has been found guilty of murdering his invalid wife.
Jacques Delisle is believed to be the first Canadian judge tried for murder in Canadian legal history.
A jury came down with the first-degree murder verdict this afternoon at the Quebec City courthouse. It had been deliberating since Tuesday.
The retired Quebec Court of Appeal justice was accused of first-degree murder in the slaying of his wife, Marie-Nicole Rainville, on Nov. 12, 2009.
Delisle's lawyer claimed that Rainville committed suicide.
The prosecution told a different story: that the 77-year-old ex-judge shot his wife because she was an obstacle to his plans to live with his former secretary, with whom he was having an affair.
Authorities had originally agreed that Rainville's death was a suicide. But a police investigation eventually led detectives to a different conclusion. Delisle was arrested and charged in June 2010.