We, the undersigned, petition the Legislative Assembly of Ontario and the Senate of Canada as follows,
We ask the Government to change our Justice System and amend the Criminal Code by having elected judges rather than appointing them, change the way that complaints against police, lawyers, judges, doctors and Children Aid Societies are handled and to respect the rights of children in the justice system.
Whereas, all provincial Ombudsmen first identified child protection as a priority issue in 1986 Ontario still allows child abuse, exploitation and no accountability to the parents to investigate their complaints about Childrens Aid Societies (CAS) decisions; and children continue to be exploited in our courts.
Whereas, people wronged by police, lawyers, judges, doctors or CAS decisions concerning placement, access, custody or care are not allowed to appeal those decisions to the Ontario Ombudsmans office while their matter is before the courts.
WHEREAS the pervasive, intrusive and instantaneous nature of modern media news coverage increases the pressure on counsel in judicial proceedings to participate publicly in news events in the interests of their clients or in other ways extend their activities as counsel to include conduct considered unethical under the rules of their profession;
AND WHEREAS it is in the public interest that conduct of that kind be made criminal and not merely unethical in order to prevent the administration of justice being adversely affected;
NOW, THEREFORE, by and with the advice and consent of the people we`petition the Ontario Legislature, Senate and House of Commons of Canada to enact the following:
1. The Criminal Code is amended by adding immediately after section 134 the following:
135.(1) Every person who, while acting or purporting to act as counsel in respect of any anticipated, current or completed judicial proceedings, makes any public statement of facts in relation to the judicial proceedings out of the presence of the tribunal or body authorized by law to conduct the proceedings
(a) knowing that some or all of the facts asserted in the statement are not true,
(b) having no reasonable grounds for believing that the facts asserted in the statement are true, or
(c) having failed to take reasonable measures before making the statement to ascertain the truth of the facts asserted in the statement,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2) For the purpose of subsection (1), a statement of facts in relation to the judicial proceedings includes a reading from or an express reference to documents
(a) deposited or filed with or intended to be deposited or filed with the tribunal or body authorized by law to conduct the proceedings, or
(b) deposited or filed in any other judicial proceedings.
135.1(1) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who, as counsel in any judicial proceedings,institutes or prosecutes proceedings that he; or she knows are brought primarily for the purpose of intimidating or injuring another person.
(2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who, as counsel in any judicial proceedings,
(a) willfully deceives or knowingly participates in deceiving the tribunal or other body legally authorized to conduct the proceedings, or
(b) willfully presents or knowingly relies upon a false, deceptive, exaggerated or inflammatory document, whether or not under oath.
Therefore, be it resolved that we support the Ombudsman having the power to probe decisions, investigate complaints concerning the provinces police, lawyers, judges, doctors and Children\'s Aid Societies (CAS),investigate complaints regarding the childs rights in our justice system, and amendments to the Criminal Code making it an offence for counsel in judicial proceedings to
(a) make public statements outside the tribunal that are known by counsel to be false or that counsel failed to take reasonable measures to ascertain were false;
(b) institute or proceed with proceedings known by counsel to be brought primarily to intimidate or injure another person; or
(c) knowingly to deceive or participate in deceiving the tribunal or to rely on false, deceptive, exaggerated or inflammatory documents.
Remember the legal system is only as good as its citizens. We must unite when it strays from reason. Children need two parents and government service providers need to be accountable to the people.
\"Save our children, protect your rights. Make governments and their service providers accountable to the public they serve!\"