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October 17, 2006
Andrea Horwath MPP for Hamilton East
Room 159 Main Legislative Building
Toronto Ontario M7A 1A5
ahorwath-qp@ndp.on.ca
Subject: Cathy Norris
Honorable Mrs Horwath:
Cathy Norris is in jail.
Before going to jail she mailed me a large batch of documents from her case, and she has spoken to me on the phone a few times, herself and through a friend (who insists on anonymity) while in jail.
Her two children Cole, now 13 years old, and Tyson, now 15, were taken into "care" by Frontenac Children's Aid in 2005. I do not know the details of the the apprehension. This spring Tyson established a website, casinternment.com, and later Cathy took over its management. Both Tyson and Cole ran away from CAS custody.
There are two court orders leading to her jailing, the first on September 8, 2006 and the second on September 26, 2006. Cathy was arrested at her home on October 11 and will be in jail until October 30.
The September 8 order directed her to turn over her runaway son Cole to CAS and to remove her website from the internet by September 15. The website was disabled by that day, but mirror sites with the same information appeared in Russia and France and Canada. There is no evidence of how these mirrors came about. Cathy says she does not know where Cole is, though she seems assured that he is now safe.
On September 26 Cathy was adjudged in contempt and ordered to jail. The orders on both September dates were issued without Cathy in the courtroom. Her absence was not entirely contempt. Earlier CAS promised her that if she moved to Brantford, the court case would be transferred to Brantford as well. She did move, but CAS reneged on its promise. Attending court is now an overnight trip for her, and she is not an experienced long-distance driver.
CAS filed two affidavits by social workers Kelly Anne DeWolfe and Bruce Polnick asserting that the statements on Cathy's website had negatively impacted their work. But neither claimed that anything on the site was untruthful. Many (but not all) of the internet statements cited in justification of the contempt were really the actions of others, not Cathy.
Yesterday, while in jail, she was served with papers demanding a money judgment of $17,000 to pay CAS court costs, and the cost of the internet investigator who gathered the cyber evidence against her. Unless there is some legal rule I don't know about, the clock for answering will run down while she is incarcerated. This formerly middle-class family will soon be homeless.
In an earlier motion, CAS moved to strike Cathy's answers. I did not see whether that was granted. If it was, the next time Cathy gets to court, the only issue will be enforcing compliance with CAS orders.
Cathy is nowhere close to a dysfunctional mother. All of her statements are truthful, and she recently completed university courses qualifying her for a more remunerative career, though on account of the litigation, she is reduced to temporary work at Harvey's.
I have photocopies of the court papers I have mentioned, and can send them by fax on request.
For those of us opposing CAS, it is too dangerous to publish the facts in this case, for fear of winding up in the cell next to Cathy. But if the case was mentioned by name in the Hansard, I would feel safe in quoting that.
Please let me know if I can be of any further assistance in this matter.
Robert T McQuaid
558 McMartin Road
Mattawa Ontario P0H 1V0
phone: 705-744-6274
email: rtmq@fixcas.com
Superior Court of Justice of Ontario
Court File No. 342/05
469 Montreal Street, Kingston, Ontario K7K 3H9
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Applicant(s)
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Counsel
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Frontenac Children's Aid Society
362 Montreal Street
Kingston, ON K7K 3H5
Tel: (613) 542-7351
Fax: (613) 542-4428
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Martha J. Downey
Timothy P Minnema
Tonya R Barnes
Barrister & Solicitor
362 Montreal Street
Kingston, ON K7K 3H5
Tel: (613) 542-7351
Fax: (613) 542-4428
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Respondent(s)
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Counsel
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Cathy Norris 258 Brock Street Brantford Ontario
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unrepresented
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Tom Anderson
Address Unknown
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In Default
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Tyson Lee Norris Child
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Mark LaFrance
165 Ontario Street
Kingston ON
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Cole Daniel Norris Child
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Lili Kramil Marcus Suite 216 4 Cataraqui Street Kingston ON K7K 1Z4
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The Hounourable
Judge Belch
September 8, 2006
The court heard two motions made by the Frontenac Children's Aid Society dated on August 31, 2006.
The following persons were in court: Tonya R Barnes Counsel for the Children's Aid Society, Lili Kramil Marcus as agent for the Office of the Children's Lawyer for Cole Daniel Norris and Mark LaFrance as agent for the Office of the Children's Lawyer for Tyson Lee Norris.
The court received evidence as contained in the continuing record and heard submissions on behalf of the parties.
THE COURT FINDS THAT
- Cathy Norris has participated either directly or indirectly in the disappearance of Cole Norris and knows where Cole Norris is. Cathy Norris is in contempt of the November 10 2005 order of Justice Sheffield when Cole Norris was placed in the interim care and custody of the Society.
- Cathy Norris has directly or indirectly or both published material in a newspaper and on the internet contrary to s 45(8) of the CFSA and contrary to the Order of Justice Brennan of March 8, 2006. Cathy Norris is in contempt of the order of Justice Brennan of March 8, 2006.
THIS COURT ORDERS THAT
- Cathy Norris is to return Cole Norris to the Children's Aid Society by delivering Cole Norris either to the Frontenac Children's Aid Society at 362 Montreal Street, City of Kingston or by delivering Cole Norris to the Brantford Children's Aid Society on or before September 15, 2006.
- Delivery of Cole Norris to the care of the Children's Aid Society by September 15, 2006 will purge Cathy Norris's conduct in failing to follow the November 10, 2005 order of Justice Sheffield. In the event that Cathy Norris does not comply with the said order there shall be a warrant to issue for her arrest and Cathy Norris is to be returned to this Court for determination of penalty to Rule 31 of the Family Law Rules.
- Following this Court's finding that Cathy Norris is in breach of the CFSA and the Order of Justice Brennan of March 8, 2006 and thereby in contempt of that Order. Cathy Norris is directed to refrain from any future publication and is to immediately remove from her internet site any material identifying anyone involved in these child protection proceedings. The removal is to be completed by September 15, 2006 and if it is then Cathy Norris's contempt is to be considered purged. In the event that Cathy Norris ignores this order there shall be a warrant to issue for her arrest and she is to be returned to this Court for determination of penalty pursuant to Rule 31 of the Family Law Rules.
- A copy of this Order is to be served upon the internet providers of Cathy Norris together with a copy of s 45(8) of the CFSA.
- A copy of the March 9 2006 Order as entered is to be served forthwith upon Cathy Norris.
- The relief associated with the March 9, 2006 Order of Justice Robertson and the motion relating to the assessment in regards of Dr Beckell's parenting capacity report is adjourned to a later date.
- The issue of costs of these motions is reserved to Justice Belch. Counsel are to prepare submissions on costs in writing limited to five pages each to be received before October 15, 2006.
September 12, 2006
Date of Signature
/signed/ Cindy D
Signature of Clerk of the Court
Superior Court fo Justice of Ontario
Court File No. 342/05
469 Montreal Street, Kingston, Ontario K7K 3H9
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Applicant(s)
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Counsel
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Frontenac Children's Aid Society
362 Montreal Street
Kingston, ON, K7K 3H
Tel: (613) 542-7351
Fax: (613) 542-4428
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Martha J Downey
Timothy P. Minnema
Tonya R. Barnes
Barrister & Solicitor
362 Montreal Street
Tel: (613) 542-7351
Fax: (613) 542-4428
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Respondent(s)
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Counsel
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Cathy Norris
258 Brock Street
Brantford Ontario N3S 5L4
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Unrepresented
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Lili Kramil Marcus
216-4 Cataraqui St.
Kingston, K7K 1Z7
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Mark LaFrance
4-165 Ontario Street
Kingston, K7L 2Y6
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The Honourable Justice Belch
September 26, 2006
The court heard a Motion made by the Frontenac Children's Aid Society on September 21, 2006.
The following persons were in court: Tonya R. Barnes, Counsel for the Children's Aid Society, Mark LaFrance, Counsel for Tyson Norris and Lili Kramil-Marcus, Counsel for Cole Norris matter paged, no one else appearing.
THE COURT ORDERS THAT:
- The Applicant's request for short service is granted;
- A Warrant of Committal of the Respondent, Cathy Mary Norris shall issue and Ms. Norris is to be incarcerated for a period of 30 days for failing to follow the November 10, 2005 order of Justice A.D. Sheffield;
- The Respondent, Cathy Mary Norris is fined a sum of $3,500.00 for publishing material on an internet site contrary to s. 45(8) of the Child and Family Services Act and the order of Justice Brennan, March 8, 2006;
- A copy of this order shall be served upon the Registrar of Cathy Mary Norris's internet site which the court identifies are TUCOWS INC and the server identified as NS3.IXWEBHOSTING.COM;
- Dr. Susan Beckett shall forthwith file her parenting capacity report ordered by the Court with this Court.
September 28, 2006
/signed/ Cindy D
Signature of Clerk of the Court
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