Mother loses appeal in custody case, Ontario court sends her three children to Nigeria
The Globe and Mail ( Canada's largest national newspaper), Sean Fine, Justice Writer, September 20, 2022
Olubukola Ajayi, a mother from Nigeria, in the east end of Ottawa, on Sept. 15, 2022
Ashley Fraser, The Globe and Mail
An Ontario appeal court has sent three children back to Nigeria and the custody of their father, rejecting their mother's arguments that she could not get a fair shake in that country because of patriarchal attitudes and anti-gay prejudice.
The case of Olubukola Ajayi and Eyitope Ajayi is one of a growing number of disputes in Canada that set concerns about international child abduction against arguments about unfairness and discrimination in foreign jurisdictions.
Ms. Ajayi argued in court that she was justified in bringing their three young children to Canada without the father's consent last November, because of discrimination, abuse (which Mr. Ajayi denies committing), patriarchal attitudes and the influence of her ex-husband's family in Nigeria.
She asked the Ontario Superior Court to assume jurisdiction for the couple's parenting issues and grant her sole decision-making authority over the children.
On the same day, Mr. Ajayi asked a Nigerian court to dissolve the marriage.
In Nigeria, homosexual acts may be punished with jail sentences. Mr. Ajayi made reference in a court document filed in Nigeria to Ms. Ajayi being linked to the LGBTQ community. That forced Ontario judges, in an initial ruling and an appeal, to grapple with how Nigeria's legal system operates, and determine whether its courts would put the children first.
"I ran here just for a fair shot at protecting my rights as their mom," Ms. Ajayi, who trained as a lawyer in Nigeria, said in an interview. Both she and her ex-husband are dual citizens of Canada and Nigeria, as are the children; Ms. Ajayi travelled to Canada to give birth to the children here.
Quebec adopts sweeping family law reform with changes for non-binary people, kids' rights
The Canadian Press, June 8, 2022
Quebec City - People who do not consider themselves men or women will now be able to legally check the 'X' box on official documents provided by the Quebec government, without having to go through surgery.
People who identify as non-binary when giving birth to a child will also be able to identify themselves as the child's "parent," rather than the father or mother of their baby, if they wish.
That's all under the new rules brought in by Bill 2, passed Tuesday in the National Assembly.
The controversial bill, spearheaded by Justice Minister Simon Jolin-Barrette, was tabled in October 2021 as a major reform of Quebec's family law, which had not been updated for some 40 years, even though social mores have changed hugely since then.
The new law, which is sweeping and complex, deals with a host of often-delicate social subjects, and was originally intended to be even more comprehensive.
After protests from fellow legislators that there would not be enough time to complete the process before the National Assembly adjourns on June 10, the minister decided last week to withdraw two important parts of the bill: the rules of filiation and the regulation of surrogate pregnancies.
If he had not done so, there was a strong risk that the bill, a tome of more than 100 pages containing some 360 articles, would die on the order paper.
Jolin-Barrette also had no choice but to act now on the issue of gender identity and recognition of non-binary people. He had to comply with a court ruling, the Moore decision, which only gave him until Dec. 31, 2021, to do so.
Landmark ruling, judge awards Brampton woman $150,000 for ex's 16-year pattern of "family violence"
Experts say the decision is precedent-setting and offers a new pathway for survivors of family violence to seek fair compensation in the civil courts.
The Toronto Star, By Alyshah Hasham,Courts Reporter, Thu., March 10, 2022
A Brampton judge has ordered a man to pay his ex-wife $150,000 in damages for a 16-year pattern of abuse, including beatings, withholding money and verbal cruelty, a decision experts say opens a new legal path to recognize the "uniquely harmful" impact of family violence.
"These patterns can be cyclical and subtle, and often go beyond assault and battery to include complicated and prolonged psychological and financial abuse," Superior Court Justice Renu Mandhane concluded in her recent decision. In general, existing law focuses on specific incidents, while the "family violence" approach focuses on long-term, harmful patterns of conduct that are designed to control or terrorize, she wrote.
In practice, one beating at the beginning of a marriage can create an imminent threat of daily violence, she wrote, which is what happened in the case before her, where she found that the man first severely beat his wife upon returning to India after their honeymoon in 2000.
After the couple moved to Canada in 2002, the man "preyed" on his wife's vulnerability as a racialized newcomer; assaulted and demeaned her, leaving her with lasting mental health disabilities; controlled their bank accounts; and left her and their children with no access to money when he left them in 2016, Mandhane wrote.
Over 16 years he "created a situation where it was practically impossible for the Mother to leave the relationship or pursue accountability," she wrote.
Experts say the decision is precedent-setting and offers a new pathway for survivors of family violence to seek fair compensation in the civil courts.
Ottawa
Large number of children among protesters hampering response, police say
Deputy Chief Steve Bell says almost 1/4 of trucks in protest include children
CBC News, Ottawa, February 8, 2022
Ottawa police say almost 25 per cent of the 418 trucks still involved in the ongoing demonstration downtown have children in them, which has hampered the force's response and led to concerns about the children's safety.
Police provided an update Tuesday afternoon where Deputy Chief Steve Bell said officers have issued more tickets, made more arrests, and launched dozens more criminal investigations during what they call an "occupation" of the downtown core, now in its 12th day.
As of noon Tuesday, police say they have arrested 23 people and there are currently 85 active criminal investigations. They also released more details on their enforcement of the 10-day interim court injunction against honking horns, saying anyone arrested for contravening the court order who agrees, in writing, that they will abide by the order may be released, while those who refuse to do so may be taken to Ontario Superior Court to face both civil penalties and criminal prosecution.
Bell also turned his focus to the children of protesters. Over the weekend, bouncy castles were set up near Parliament Hill to help entertain the children who remain. Bell said police are working the Children's Aid Society of Ottawa regarding those children.
A large number of children in trucks at the Ottawa protest is complicating the response and police say they're working with Children's Aid to ensure their safety. Meanwhile, political division over the protests grows on Parliament Hill.
"It's something that greatly concerns us," Bell said, as first responders are worried about the constant exposure to carbon monoxide, fumes, noise levels and the sanitation of the children.
"We'll rely on the Children's Aid Society to help provide and give us guidance around that. We just think it's an important factor that complicates and makes this an even more challenging operation."
In a statement to CBC, the society confirmed it is working with Ottawa police and said it has a duty to investigate allegations of abuse and whether a child may need protection. Parents question police, Children's Aid assessment
Some protesters CBC spoke to disputed that children are at risk.
