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Here is how you can help, Print out the letter and send to
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Attorney General Reference  #MC-2013-2578

Ontario Judicial Council
Adelaide Street Postal Station
P.O. Box 91431 Adelaide Street East
Toronto, ON
M5C 2K3



We/I the undersigned send this as a letter of complaint against the
below 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. All those indicated in the document below having been named and to what extent more or less either through dereliction or collusion was party to the matters hereinafter disclosed.

 
Signature: ______________________                                            
Date:      ______________________
Judge katerynych "…the fact that the children are Aboriginal has no bearing in the court’s decision-making process or mine…"
 
Year 2002
Violation of Aboriginal Children’s Rights:
Children; Caleb Francois 5 year old male, Jesse Francois 4 year old male, Jania Francois 2 year old female; illegally apprehended by the Children's Aid Society in February 2002, their Aboriginal Rights Violated and Circumvented; Aided in doing so by Native Child and Family Services of Toronto, Hilda Tennisco of The Algonquins of Pikwakanagan Indian Band, the Children’s Aid Society of Toronto, and Judge Katerynych Family Court, Toronto Ontario.
 
 Ten Years Ago
The day I stood in the Jarvis street Family Court (more than ten years ago now) and heard case managing Judge katerynych state: "the fact that the children are Aboriginal has no bearing in the court’s decision-making process nor mine because the children are also half Chinese," was incredulous. A million emotions and possible responses shot through me with the accumulative effect of shock and anger. My disbelief and anger with Native child and Family Services of Toronto for failing to offer any services for the protection of my children (though I had begged them from the start) triggered my own early childhood issues of abandonment. I was also stunned by the fact that my lawyer made no objection to her ruling. I thought to myself "this white guy doesn’t have a clue as to what the hell just happened" and my thinking added "what an idiot."
I reassessed my choice of lawyer; this was the second one in such a short time. The problem had always been in finding a lawyer who knew and understood the legality of Native Family Law. I could not find an Aboriginal Lawyer practicing family law. So there I stood in the court looking at this older white guy I had for a lawyer, disheveled white hair, wrinkled suite looking like it came off of the three-dollar-rack of some second hand store, and at that moment I knew that I was in the fight for my Children’s Rights, in the courts, as First Nations Children, alone.
Ten Years Later
Our story has never changed in a decade; from the  day they (my children) were scooped in February of 2002 by the system and then split up. Two communities and Chiefs were in the battle. The lower family court's ruling by Judge Katerynych that the children's aboriginal status had no bearing allowed the court to ignore the mandatory legal review for an Aboriginal Plan of Care (This ruling was made extremely early into our case) thus effectively closing out my own reserve as well as The Algonquin Woodland Metis Aboriginal Tribe and its Chief Zane Bell from having legal standing.

The reason Judge Katerynych made that ruling was based on a deception later proven to be true, documented and still available. An officer of the court lied to the Judge concerning the status of the children and their "Legal Status" as aboriginal children. Had the Judge known that the children were/are legal Status at that time, because of law, she would have been compelled by the laws of Ontario and the Indian Act to do a mandatory review of the Plan of Care within its First Nations context. A plan that was made and ready to be presented even before the above mentioned ruling took place. This plan is still within our history, orally and written, from two Chiefs, both of whom are still the Chiefs of their respective communities; Chief Kirby Whiteduck and Chief Zane Bell.

The lie begins with a letter from Hilda Tennisco, Supervisor Pikwàkanagàn Child & Family Services, written by her to C.A.S.T. (Children’s Aid Society of Toronto) stating that the children were not members and were not eligible for status. That was, and still is, outside and exceeding her authority, either in her position and/or as a member of the Band. The authority for determination of the children's status fell under, and falls under, Lands, Estates and Membership and Jan Leroux Program Manager, who had at that time and still holds the authority for such determinations.

Jan Leroux was never consulted by Hilda Tennisco in this regard at any point in the process, nor is there any documentation showing that this was the case, then or now. As a matter of fact the children, all three, have their status cards and became registered members of The Algonquins of Pikwakanagan. Issued immediately following the maximum length of time they could be in care before C.A.S.T. could file for full Crown Wardship.

Were it not for a lie told by Hilda Tennisco to C.A.S.T. (in writing), and then not disclosed to myself or my legal counsel, we could have petitioned the Judge to give my Reserve and extended family who are registered members of our Reserve legal standing. (I have 10 aunts and Uncles and all together 70 first and second cousins). Chief Zane Bell and his wife, along with my own Reserve were ready to present our Plan of Care within a First Nations context to the Court. Even though the Children were identified to the court and Judge katerynych as Aboriginal; she still ruled that the children's' Aboriginal Status had no legal standing in her court.
When our children are apprehended, the courts do not serve the Chief and Council those legal papers. 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. Because these workers, Native and Non-Native, actually work for, and are mandated, by the Province, they do not represent the legal interests of Bands.
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.
On Reserve Child and Family Workers do not have legal standing in court on behalf of the reserves in regard to the Band’s “same status as biological parents” law woven into Ontario family law. Since the original notice of legal action, apprehension of First nations Children, are not served to Chief and Council, under the definition/amendment by The Supreme Court of Canada Ruling, the Band is unable to take legal action to answer because no legal notice was given. 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 to bind systems and institutions in this way for the protection of community interests. An amendment in cases affecting the children of our communities which are completely ignored, conveniently overlooked, or simply not conformed with.  

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 give native bands the same right that natural parents have to contest an adoption."  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.

Canada's Child Protection Agencies are in conflict with current federal amendments regarding what constitutes proper legal informed notice to our Bands. This in fact makes all apprehensions themselves legally void of standing and open to redress.
 We/I the undersigned send this as a letter of 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, having been named, and to what extent more or less either through dereliction or collusion was 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.
 
 
Signature:_____________________
Date:     _____________________
Name:__________________________
Mailing Address:
 
 
Phone:_________________________

 

 





 

 
 
 

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