Parental Alienation Syndrome - Canadian Court Rulings
All Canadian laws, including provincial, territorial and federal laws, and many court decisions can be viewed for free on the website of the Canadian Legal Information Institute at: www.CANLII.org
The reference to Carswell: Carwell is a legal information publisher.
Alberta
- Elliott v. Elliott, A.J. No. 74 DRS
96-05285 Action No. 4806-10272 Alberta Crt of Queen's Bench,
Jud. Dist. of Lethbridge/Macleod, Jan 25, 1996.
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Elliott v. Elliott, 1996 CarswellAlta 95, 193 A.R. 177, 135 W.A.C. 177, 27 R.F.L. (4th) 23 Alberta Court of Appeals. Nov 7, 1996 (Affirmed--Appeal Dismissed)
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Johnson v. Johnson, No. 4806-11508a, Jud Dist. of Lethbridge/Macleod, Oct. 09, 1997
British Columbia
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McLelland v. McLelland, British Columbia Supreme Court Docket: Nanaimo 07907. 1999 CarswellBC 1706. July 2, 1999
http://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii5131/1999canlii5131.html
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Menard v. Menard, Sup. Ct of British Columbia, 2001 CarswellBC 1312; 2001 BCSC 430, Mar 21, 2001.
http://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc430/2001bcsc430.html
New Brunswick
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S.O. v. S.C.O, N.B.J. No. 326, Proceeding No. FDSJ-400-98. New Brunswick Crt of Queen's Bench, Family Division-Jud. Dist. of St. John. Jul 28, 1999.
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Jefferson v. Jefferson, New Brunswick Court of Queen's Bench Docket: FDSJ-6408.95. 2000 CarswellNB 15. Jan 18, 2000.
Newfoundland and Labrador
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Toope v. Toope, 2000 CarswellNfld 185, 8 R.F.L. (5th) 446, 193 Nfld. & P.E.I.R. 313, 582 A.P.R. 313. New Foundland Unified Family Court June 15, 2000.
Nova Scotia
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Badakhshan v. Moradi, Nova Scotia Fam Court. 1993 CarswellNS 423;120 N.S.R.(2d) 405; 332 A.P.R. 405. Mar 2, 1993.
Ontario
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Rothwell v. Kisko, 1991 CarswellOnt 1326. Ontario Crt of Just. (Gen'l Div.) Docket# 36429/89, Mar 21, 1991.
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Davy v. Davy, Ontario Court of Justice (Gen'l Div)Docket 92-gd-21948. 1993 CarswellOnt 1630;1993 W.D.F.L 1535. Oct 7, 1993.
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Fortin v. Major, O.J. No. 3805 DRS 97-01672, Court File No. 49729/94 Ontario Crt of Justice (Gen'l Div: Ottawa), Oct 25, 1996.
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Demers v. Demers, Ontario Superior Court, Docket: Kingston 54253/96. 1999 CarswellOnt 2621. June 8, 1999.
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Orsak v Orsak, Ontario Superior Court of Justice Docket: 97-FP-234664. 2000 CarswellOnt 1574. May 5, 2000.
http://www.canlii.org/en/on/onsc/doc/2000/2000canlii22529/2000canlii22529.html
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Her Majesty the Queen vs. K.C. Superior Court of Justice, Ontario, County of Durham, Central-East Region, Court File No. 9520/01. August, 9, 2002. (Mohan Test)
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Rogerson v. Tessaro, Court of Appeal for Ontario, Docket: C44199, May 9, 2006. [mentions alienating conduct but not "syndrome."]
http://www.canlii.org/en/on/onca/doc/2006/2006canlii15126/2006canlii15126.html
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Petternuzzo-Deschene v. Deschene, Ontario Superior Court of Justice, Docket: 22661. 2007 WL 22984642007 (Ont. S.C.J.), CarswellOnt 5095. August 8, 2007. [specifically mentions PAS and cites a description of alienating behavior as abuse]
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S.P. and P.B.D., Ontario Superior Court of Justice, Court File No. 22661. August 10, 2007.
http://www.canlii.org/en/on/onsc/doc/2007/2007canlii31787/2007canlii31787.html
Quebec
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Stuart-Mills, P. v. Cher, A.J.., Sup. Ct. Quebec, Dist. of Montreal, No. 500-12-184613-895 (1991).
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V. (L.) C. H. (E.), 1992 CarswellQue 169; 45 Q.A.C. 100; 1992 R.J.Q. 855; 1992 R.D.F. 316 Cour d'appel du Quebec, Feb 26, 1992.
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R.M c. B.R, [1994] A.Q. no 947. DRS 95-09809 No 200-09-000440-948 (200-12-042928-904 C.S.Q.) (Quebec, decision in french only) Oct. 28, 1994
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R.F. v. S.P., [2000] Q.J. Np. 3412 No. 500-12-250739-004 Quebec Superior Court (Montreal) Oct. 13, 2000.
Saskatchewan
- B.S.P. and D.G.P., Queens Bench for
Saskatchewan, Docket No. 005359 of 2006, Battleford, Family Law
Division, Citation 2008 SKQB 63, Feb. 8, 2008.
http://www.canlii.org/en/sk/skqb/doc/2008/2008skqb63/2008skqb63.html
PSYCHOLOGY: MIND GAMES
The family Pandora's Box
Some victims of parental alienation syndrome don't realize until adulthood that one parent turned them against the other
The Globe and Mail
March 24, 2009
After Joe Rabiega's parents divorced, when he was an adolescent, his father repeatedly told him his mother had abandoned him. The boy had to return any gifts that came from his mother's side of the family and, twice daily, he had to pledge his allegiance to his father.
"I was never allowed to have anything to do with her," he says from his home in Raleigh, N.C. "The consequences were dire if I did. He said I would have nobody."
Even though Mr. Rabiega, now 33, had witnessed ugly behaviour by his father toward his mother and knew his dad to be an erratic alcoholic, it wasn't until he sought counselling for personal problems in his early 20s that his past snapped into focus: He had been the victim of parental alienation syndrome - his father had systematically turned him against his mother.
The phenomenon, coined by psychiatrist Richard A. Gardner in 1985, has gained traction recently due to a number of recent high-profile divorce cases in Canada - not to mention the very public case of movie star Alec Baldwin, who accused his former wife, Kim Basinger, of parental alienation. Read More ..
A GUIDE TO THE PARENTAL ALIENATION SYNDROME
November, 1999
WHAT IS IT?
The Parental Alienation Syndrome (PAS) is the systematic denigration by one parent by the other with the intent of alienating the child against the other parent. The purpose of alienation is usually to gain or retain custody without the involvement of the non-custodial parent (NCP) The alienation usually extends to the NCP's family and friends as well. Though this document is written with the father in mind, it must be clear that there are many cases of PAS where the NCP is the mother, and PAS from the non-custodial mothers' viewpoint will be discussed later.
Dr. Richard Gardner in his book 'The Parental Alienation Syndrome' states (p. 74) "Many of these children proudly state that their decision to reject their fathers is their own.";
They deny any contribution from their mothers. And the mothers often support this vehemently. In fact, the mothers will often state that they want the child to visit with the father and recognise the importance of such involvement, yet such a mothers every act indicates otherwise.
Such children appreciate that, by stating the decision is their own, they assuage mother's guilt and protect her from criticism. Such professions of independent thinking are supported by the mother who will often praise these children for being the kind of people who have minds of their own and are forthright and brave enough to express overtly their opinions.
Frequently, such mothers will exhort their children to tell them the truth regarding whether or not they really want to see their fathers. The child will usually appreciate that "the truth" is the profession that they hate the father and do not want to see him ever again. They thereby provide that answer - couched as "the truth" - which will protect them from their mother's anger if they were to state what they really wanted to do, which is to see their fathers.
It is important for the reader to appreciate that after a period of programming the child may not know what is the truth any Read More ..d come to actually believe that the father deserves the vilification being directed against him. The end point of the brainwashing process has then been achieved. Read More ..
THE CANADIAN BAR ASSOCIATION
L'ASSOCIATION DU BARREAU CANADIEN
Parental Alienation Syndrome: A 'Hidden' Facet of Custody Disputes
Parental alienation cases draining court resources
Study says such cases should be moved out of court system, handled by individual judges
The Globe and Mail
May 13, 2009
An escalation in parental alienation allegations is draining valuable courtroom resources, a major study of 145 alienation cases between 1989-2008 concludes.
"Access problems and alienation cases - especially those which are more severe - take up a disproportionate amount of judicial time and energy," said the study, conducted by Queen's University law professor Nicholas Bala, a respected family law expert.
"One can ask whether the courts should even be trying to deal with these very challenging cases." Read More ..