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Bill 117 Guts Mens Rights


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The Demonisation of Men
Bill 117 Guts Mens Rights

Star Chambers to give all of men's possessions to women, ex parte.
It is law in Canada, now. Coming to a country near you, next?
Feminist and family law injustices and oppression against heterosexual men and fathers is a worldwide phenomenon.

As we know, such legislation very much puts the whip in the hands of women (and is the main reason that feminists have seized on the DV issue - and a broad definition of DV, with "abusive behaviour" being almost anything that upsets a woman - real or perceived ('fear' is one cover word often used). And only women can successfully play the game; men and their complaints are not taken seriously.

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Except from an article below: "Any man in my life is simply one phone call away from total destruction (when Bill 117 becomes law)," said Dori Gospordaric, co-founder of Second Spouses of Canada. "You have already provided protection for me. It's called the criminal justice system. Now you have provided for me the ultimate weapon. A phone call."
"Being mothers does not make us sacrosanct. It does not make us morally superior. There is no superiority of the uterus ... Funded women's groups claim to represent women. Which women? I am a woman and a mother and I don't care about the gender of my abuser, I want it to stop. You are funding women to abuse me."


She said she was speaking for tens of thousands of women who, as second wives, are guilty by association as public funding helps vilify and launch legal attacks on ex-husbands. (The Ottawa Citizen 4 November 2000 ) .

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The Ottawa Citizen
20 December 2000

Bill 117 guts men's rights

By Dave Brown Just in time for Christmas, Ontario Attorney General Jim Flaherty has presented a gift-wrapped monster called Bill 117 that effectively removes the Charter rights of half the population - the male half. Gone with the flick of a quick vote are fundamental procedural rights and the presumption of innocence. The vote was held in the Ontario legislature late Monday. The new law domestic violence." Mr. Flaherty certainly is doing something. But it's wrong, says Mr. Martin:

"This bill is classic police-state legislation and violates just about every constitutional principle that anyone with even a minimal familiarity with our Constitution might think of."

There is already a zero-tolerance policy regarding domestic disturbances/violence. A major problem is the 911 call. Dialling that number means a life is at risk. Feuding couples don't realize until it's too late that by dialling 911 they are in effect reporting an attempted murder. Police no longer separate the battling couple and tell them to cool off. They take one of them - 99 per cent of the time it's the man - to jail.

He appears in front of a domestic court judge the next day. If he agrees to plead guilty, he can go home by promising to behave and to take a series of anger-management courses. If he refuses to plead, he faces lengthy delays in the criminal system, large legal bills, and he can't go home because a restraining order is part of the program.

Under Bill 117, while he's in jail overnight, his opponent (wife, ex-wife, girlfriend or date) can appear in front of a judge and ask for an intervention order. He can wake up owning nothing, with no place to go.

Proponents of the intervention order say he can apply to a judge to get his property back within 30 days. What they don't point out is that the other party has the legal right to be there. If she doesn't show up, the process is stalled. A court order can be issued, but family courts have a poor record of enforcing orders against women.

Senator Anne Cools, a founder of the women's shelter movement and now one of its most vocal opponents, appeared at Bill 117 hearings, appealing for reason. "This is a human problem, not a gender problem. Both sexes are capable of violence. ... The issue has been falsely framed." This new approach, she said, was "a heart of darkness."

From my perspective as a reporter and a man, it's social vandalism.

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Dave Brown is the Citizen's senior editor.
Send email to dbrown@thecitizen.southam.ca

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*OFFICIAL ONTARIO GOVERNMENT PRESS RELEASE:
Attention News Editors:
Fact Sheet - Domestic Violence Protection Act - An Act to Better Protect
Victims of Domestic Violence
TORONTO, 19 December 2000 /CNW/

The Domestic Violence Protection Act replaces restraining orders with domestic violence intervention orders. These court orders prohibit contact between the alleged abusers and victims of domestic violence and provide additional ways to help keep victims safe. The Ontario government's reform of restraining orders consists of the Domestic Violence Protection Act and changes to practices to ensure that intervention orders are issued and enforced in an effective, consistent and timely manner across the province. The reform is consistent with recommendations of the Joint Committee on Domestic Violence and with the government's Blueprint and Throne Speech commitment to protect victims and hold offenders accountable. The Domestic Violence Protection Act was passed by the Ontario legislature on December 18, 2000.

Highlights of the Domestic Violence Protection Act

A Clear Definition

The Act comprehensively defines domestic violence to mean:

  • an assault that consists of the intentional application of force that causes the applicant to fear for his or her safety. This does not include acting in self-defence;
  • an intentional or reckless act or omission that causes bodily harm or damage to property;
  • an act or omission or threatened act or omission that causes the applicant to fear for his or her safety;
  • forced physical confinement;
  • a series of acts which collectively causes the applicant to fear for his or her safety, including following, contacting, communicating with, observing or recording any person;
  • sexual assault, sexual exploitation or sexual molestation or threat of these actions.
Broader Range of Relationships Covered

Under the Act, intervention orders will be available to a broader range of relationships, including:
  • spouses or former spouses, married and common law;
  • people who are or have been in a dating relationship; other people who have resided or are residing together in a spousal or intimate relationship for less than three years;
  • relatives who are currently living together, such as elderly parents and their adult children; and
  • same sex partners or former partners.

Ontario is the only Canadian province with such broad coverage.
Easier and Faster Access to Intervention Orders

When the law comes into effect, victims will be able to obtain an emergency order quickly 24 hours a day, seven days a week. In emergencies, victims will be able to apply to a designated justice of the peace or a designated judge. In other situations, application will be made to a judge in the court.

Better Enforcement

The Act requires the listing of specifically prohibited activities for the alleged abuser, making orders easier for police and the courts to enforce.
For example, the order may specify:
  • that the alleged abuser should not communicate directly or indirectly with the victim or other specified people;
  • the specific distance an alleged abuser can be from the victim or particular places.

Other terms of the intervention order might include:
  • requiring the alleged abuser to vacate the shared residence;
  • requiring that police are present while the alleged abuser removes personal possessions;
  • requiring the alleged abuser to give up possession of firearms and weapons that have been used or threatened to be used to commit domestic violence;
  • ordering counselling for the alleged abuser to prevent further violence;
  • recommending counselling for children at the alleged abuser's expense to help them overcome the effects of exposure to the violence;
  • granting exclusive possession of the residence to the victim, or exclusive use of certain property such as credit cards and bank accounts;
  • ordering compensation for damage or losses suffered.

An individual who breaches an intervention order will be prosecuted in criminal courts, including domestic violence courts. Breaches of most intervention order conditions will be enforced under provisions of the Criminal Code, instead of under the Provincial Offences Act. This will provide stronger terms and conditions for the detention and release of the alleged abuser, increasing the ability to detain an alleged abuser where there is concern for a victim's safety.

Safeguards

The Domestic Violence Protection Act balances the safety of the victim, while ensuring a fair process for all involved. For example:
  • in the case of emergency orders, a judge or justice of the peace will have to be satisfied that the matter must be dealt with urgently;
  • either party will have 30 days to request a court hearing to change or terminate an emergency order and the hearing must be held within 14 days of a request;
  • either party, at any time, will be able to ask a judge to consider changing or terminating a non-emergency court order;
  • if an applicant were seeking exclusive possession of the residence, he or she would have to give notice to the other party;
  • conditions in intervention orders will not affect the title or ownership of the residence shared by the parties; and
  • those who make false claims about domestic violence or commit perjury or public mischief could be prosecuted under the Criminal Code.

Non-legislative Changes to Complement the Act

Changes to ensure that intervention orders are issued and enforced effectively include:
  • Simplifying and speeding up the court process for issuing intervention orders, including the mandatory use by the courts of standard form orders that will clearly set out conditions for the alleged abuser. This will result in faster notification of alleged abusers of the orders and posting of improved information on CPIC (the Canada-wide computerized police database).
  • Expanding the number of spaces available in Partner Assault Response Programs (formerly batterers' programs) to help prevent further domestic violence. Counselling can be ordered as a condition of an intervention order.
  • Continuing education and training on the new legislation for all those involved in the justice system.

Other Jurisdictions

Manitoba, Alberta, Prince Edward Island, Saskatchewan and the Yukon, as well as many American states, New Zealand and Australia, have legislation similar to Ontario's. 19 December 2000

For further information: Peggy Huigenbos, Minister's Office, (416) 326-4440;
Brendan Crawley, Communications Branch, (416) 326-2210

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* Previous article...

http://www.ottawacitizen.com/columnists/brown/001104/4809069.html The Ottawa Citizen
4 November 2000

Men 'one phone call' from total destruction'
Accused abusers would lose freedom, property under Bill 117
By Dave Brown

TORONTO - Ontario's domestic violence war is about to enter its nuclear age with the creation of a legal weapon so destructive no sane man will risk abusive behaviour - or marriage, or even dating. It's called the "intervention order" and is being fast-tracked through the legislature. It has already passed two readings, is going back for some fine tuning Nov. 7, and is expected to be law before the end of the month. Bill 117's power will make the familiar restraining order obsolete. Observers say the speed and low profile with which this ultimate weapon has been developed is part of a promise from Attorney General Jim Flaherty. He made it after high profile murder-suicides near Toronto. He wants to "send a clear signal that domestic violence is not tolerated in Ontario." The new legislation is based on the premise women in abusive relationships can't escape because they are economically dependent. The intent is to correct this by making it possible to immediately transfer all property to her.

Written into the scheme are ex parte applications. The alleged abuser doesn't have to be present when the order seizing his property is made. Application for an Intervention Order can be made by anyone in a one-to-one relationship, including dating.

Literally without knowing about it, it will be possible for a partner, almost 100 per cent of them men, to lose freedom and property. The intervention order includes an automatic restraining order. Any violation of an intervention order will be a criminal offence. It will take precedence over any acquittal, dismissal or withdrawal of a criminal charge, or any order under any statute, including the Divorce Act.

Transference of property will include leased property, even if she is only a date, and is binding on the landlord. If rent is in arrears, the landlord must collect from him. She will have no liability. These points were highlighted by Toronto lawyer Walter Fox during one of the strongest presentations at current hearings at Queen's Park. Outside the hearing room he described the proposed legislation as "a pimp's dream."

Prostitutes approach men asking if they want a "date," since it's illegal to ask if they want sex. Admitting it's a stretch, Mr. Fox said pimps could use the legislation, and hookers, to prey on men. The hearing is called: "The Standing Committee on Justice and Social Policy, Bill 117, The Domestic Violence Protection Act." The small audience of about 40 watching Tuesday's presentations was mainly silent, but broke into spontaneous applause at the end of a particularly tough presentation opposing the legislation. It was from a woman.

"Any man in my life is simply one phone call away from total destruction (when Bill 117 becomes law)," said Dori Gospordaric, co-founder of Second Spouses of Canada. "You have already provided protection for me. It's called the criminal justice system. Now you have provided for me the ultimate weapon. A phone call.

"Being mothers does not make us sacrosanct. It does not make us morally superior. There is no superiority of the uterus ... Funded women's groups claim to represent women. Which women? I am a woman and a mother and I don't care what the gender of my abuser, I want it to stop. You are funding women to abuse me."

She said she was speaking for tens of thousands of women who, as second wives, are guilty by association as public funding helps vilify and launch legal attacks on ex-husbands.

The hearing ended Tuesday with a joint presentation from MP Roger Galloway, co-chair of the federal Special Joint Committee on Child Custody and Access, and Senator Anne Cools, a member of that committee. Mr. Galloway said he heard some 550 presentations on couples issues, and was "no stranger to the problems." He considered the provincial plan overkill, and questioned the right of the province to override the Criminal Code. There is already too much confusion in processes that deal with failed relationships, he said.

"The Criminal Code is being swept aside by this bill."

Senator Cools, a founder of the women's shelter movement and now one of its most vocal opponents, said she was speaking from "decades of experience on the ground in this field.

"This is a human problem, not a gender problem. Both sexes are capable of violence. ... The issue has been falsely framed." She called the latest tilt to the rules of relationships: "A heart of darkness. ... In one decade we've gone from Father Knows Best to Fathers Molest."

She said the majority of men are not abusers, and the intervention order would turn loose a minority of women who would take advantage of the legislation's best intentions.

The report of the special joint committee was handed over to Justice Minister Anne McLellan a year ago and shelved. Ms. McLellan said at the time it would stay on the shelf for at least three years. It appears now in the election platform of the Alliance party. "We will follow the unanimous recommendations of the Special Joint Committee on Child Custody and Access to ensure that shared parenting is the norm in the aftermath of divorce."

Any offer of relief for children caught in the battle zone of the one-sided gender war (only women's groups are funded) gets my vote.

Although the language of Bill 117 is gender neutral, all recognize it's aimed at men. Conversation in front of the hearing room Tuesday often referred to Patrick Roy's situation in Colorado. In a fit of temper, the top NHL goalie damaged two doors in his home. When a man loses it and displays temper and frightens his spouse, that's abuse. He was arrested. His wife refused to co-operate with police, but it didn't matter. When she dialled 911, even though she hung up without saying anything, she no longer had input. Current thinking backed by protocols is that by dialing those digits, a woman admits she can't control things around her.

In tomorrow's Ontario, a man making Mr. Roy's mistake could have nothing left by the time the fingerprint ink dried.

Considering the amount of property involved, this could be considered another stretch. But under Bill 117, the door is open for an angry woman to freeze everything. Wealthy men could wind up joining their mortgage-strapped brothers, calling their mothers for a loan, or a sofa to sleep on. Statistics are the bullets of this war, and all sides use them like snipers. Often there's no way of knowing where the shot came from, or if it was accurate.

Stating a case for a women's group, one presenter said it was common knowledge a woman suffers 24 assaults before she turns to the authorities. There were no questions or challenges from hearing committee members.

While politicians tinker with this new legal weapon, the public attitude seems to be to keep one's head down. For anyone wanting to get off a shot before it's too late, here's a target. Ottawa-Nepean MPP Garry Guzzo is a member of the all-party Standing Committee on Justice and Social Policy. His number is 727-2657, or fax 224-3306, or e-mail gguzzo@sympatico.ca

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Dave Brown is the Citizen's senior editor.
Send email to dbrown@thecitizen.southam.ca


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