Thursday, January 24, 2008

Right to Appeal

f. Right to Appeal

Note that all parts highlighted in bold is what is illegally omitted from our laws and enabling
secret war crime. Reading the laws by skipping the bolded wording is roughly how our laws
read at the present time.


The rights of appeal have a gigantic loophole that effectively removes the right to appeal altogether other then a charade by the court staff. The people are expecting the right to appeal so the appeal court “stages” hearings for appearance but barely even listen to the parent and then follows the Children’s Aid’s instructions. Many times they haven’t even read the materials and can’t comment on the contents. They feel safe to just reinforce the order being appealed from. There truly is no right of appeal as these next sections show and the appeal court is committing obvious fraud that a 10 year old can see.

Parents are shut out completely from the right to Appeal at the Appeal court from which an Order is necessary to bring the matter to the Supreme Court of Canada. Appeal Court judges do not have to legally consider a parent anything at all. They are “stealing” the public’s children under a false illusion of law. It appears that Freemasons have designed the laws to be very complicated so that the citizens will be confused over the meaning which effectively hides their main strategy of omission from written law of inherent rights and High Treason ongoing.

48. FLA - APPEAL FROM ONTARIO COURT (PROVINCIAL DIVISION) - An appeal lies from an order of the Ontario court (Provincial Division) under this Part to the Superior Court of Justice and an appeal from the Superior Court of Justice lies to the Court of Appeal for Ontario.
- and -
73. CLRA - APPEAL FROM THE ONTARIO COURT OF JUSTICE - An appeal from an order of the Ontario Court of Justice under this Part lies to the Superior Court of Justice and an appeal from the Superior Court of Justice lies to the Court of Appeal for Ontario.

While a parent is Appealing an unjust Order, the Society’s can go ahead with an adoption of the child before the case is resolved reasonably for all parties affected and without the child’s knowledge of the Appeal. Even a child who desperately wants to be returned to their original parents would accept an adoption easily if they believe they had been abandoned.

74. CLRA - ORDER "STAYED" PENDING APPEAL - An order under this Part is effectively and automatically "stayed" in absence of justifiable issues shown to quash the "stay" if an appeal is taken on grounds of err of law, fact or was obtained by an act of a party in violation of the laws of the Governing state, or unless the court that made the order or the court to which the appeal is taken orders otherwise.

The Children’s Aid Society and the potential adoptive parents are the only parties that can request an extension of time to appeal and the child and original parents are voided that right in violation of equal benefit of the law. Any materials filed by the parent would just be dealt with as a “staged charade” to appear like a hearing. The child’s counsel’s office, run by Clare E. Burns, would highly likely refuse to file an appeal on behalf of the child to be allowed freedom from the Society and returned to their original parent.

142. CFSA (3.2) (a) EXTENSION OF TIME -- If the court is satisfied that there are reasonable grounds that either i. the licensee, ii. person with whom placement is proposed, iii. an affected appealing original parent, (iv) or the child, holds grounds for an appeal;
the court shall give directions to inform the child so that s/he may submit their views by affidavit to the court; and should granted an extension of time fixed for requiring the hearing and for the Board to grant relief, it may extend the time after the expiration of the time in consideration of:
(a) the well being or rights of the child,
(b) the length of time needed by the parties,
(c) and the relevance of the issues to the family members,
(f) make any other order of relief that is considered proper as a result of extending the time.

In matters where evidence shows effecting issues worthy of being heard, it is against the best interest of the child and against the inherent rights of the family, to refuse access to justice at any stage. The limitations placed on families by the Monarchy are unjustified and completely bogus. At no time, or age of the child, is it too late for family issues to be resolved. A person may not realize they were stolen by a Society until they become a more knowledgeable adult. Even then, there should be avenues to access justice due to the public need to address Constitutional challenges to benefit and protect future children and issues and bring resolution for unjust losses and damages.

156. CFSA, APPEAL: ADOPTION ORDER -- (1) An appeal from a court's order under section 146 may be made to a Court of due process and jurisdiction by,
(a) the applicant for the adoption order;
(b) the child;
(c) the original biological or birth parents; and
(d) the Director or local director who made the statement under subsection 149 (1).
(e) anyone who may hold knowledge or evidence that either the proposed adoption is not in the best interest of the child or places the child at potential risk of i. lack of protections that there ought to be, ii. physical or mental harm, or iii. unnatural bereavement.

(2) IDEM: DISPENSING WITH CONSENT -- An appeal from a court's order under section 138 dispensing with a consent may be made to the Superior Court of Justice only by,
(a) the Director or local director, under reasonable processes of law commenced as a result of extreme circumstances and with the consent of the Attorney General, who shall ensure opportunity of defense to the person who’s consent is requested dispensed; or
(b) the person who's consent was dispensed with.

(4) AN EXTENSION OF TIME FOR APPEAL -- An extension of time for appeal shall be granted in matters where: i. an affected party is "in dispute" concerning the constitutional validity of time limitations in family matters, ii. the adoption was obtained under circumstances of violation to Criminal law or the Constitution, iii. a party was granted a lack of legal "status" & protection or adversarial processes and conditions, iv. there is an abnormal magnitude of issues affecting any party and including the child before and beyond the determination of where the child will reside.

157. CFSA: FINAL ORDER -- An adoption order under section 146. is final, subject only to section 156. Appeals or sec. 61.09 Appeals, and shall only be questioned or reviewed in any court by way of appeal, injunction, declaratory judgment, certiorari, mandamus, prohibition, habeas corpus or application for judical review.

No comments: