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Nunavut priest sex abuse case stirs up criticism of ‘least fair law in Canada’

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Canada’s decision to quietly stay the sex charges against a French priest accused of abusing Inuit children shows extradition laws should be “thrown out,” according to an Ottawa academic who spent three years in a French prison.

This week, CBC News reported that the Public Prosecution Service of Canada (PPSC) stayed charges against Father Johannes Rivoire, an Oblate priest accused of sexually assaulting four children in Nunavut.

That 2017 decision was never publicized. While the department will not share its assessment of the Rivoire case, it said there was no “reasonable prospect of conviction.”

In a statement to CBC News after the story was published, the PPSC said the decision was made, in part, because France does not extradite its citizens. 

That explanation upsets Hassan Diab. 

The former Ottawa university professor says Canada extradited him to France to face decades-old terrorism charges based on questionable evidence.

“[Rivoire’s] country is behind him. In my case, my country and my Department of Justice was pushing hard to send me abroad.”

So Diab is left to wonder. Why was he — but not Rivoire — sent abroad?

CBC News discovered Canada stayed the charges against Father Johannes Rivoire, an Oblate priest who was accused of sexually abusing Inuit children. (Submitted by Lieve Halsberghe)

Canadian and French extradition rules

The extradition treaty between Canada and France is based on the legal principle of comity, a mutual respect and recognition of national laws. But experts in the area say that’s not practically true.

“France, like many civil jurisdictions — continental countries in Europe — will not extradite its citizens, does not trust a foreign country’s justice system to try its citizens,” said Don Bayne, the Ottawa lawyer who has represented Diab throughout his case.

“Canada does.”

Inuit leaders say the government failed them in this case, and Bayne doesn’t disagree. But he adds that Canada compromises the liberty of each Canadian it sends to a foreign country to stand trial. 

“What we’ve allowed to happen in Canada is the whittling down of constitutional liberty in the case of extradition. It’s not justified.”

Don Bayne, the lawyer for Diab, says, ‘What we’ve allowed to happen in Canada is the whittling down of constitutional liberty in the case of extradition. It’s not justified.’ (Jean Delisle/CBC)

The numbers show an imbalance

The imbalance between the two countries is borne out in the statistics.

According to the Department of Justice, Canada received 21 extradition requests from France between 2008 and 2018 and 12 people were sent out of the country.

During the same 10-year period, Canada made eight requests to France and two people were extradited to Canada.

Gary Botting, a criminal lawyer who’s written books on extradition law, says the disparity is a symptom of greater problems with the “least fair law in Canada.”

“The treaty with France states that Canada does not have to send its own nationals back to face trial in France. So why do we send them? It’s just a double standard right down the line.” 

It’s just a double standard right down the line.— Gary Botting

Citing France’s extradition laws as a reason to stay charges is “a cop out,” he says. 

“It seems that the public prosecutor has no faith in the prosecutors in France,” Botting said.

“Yet they send Mr. Diab back to face the music in France and there’s nobody there to carry the ball forward because there’s no evidence, really.”

Diab’s lost years

A CBC News investigation found Canada urged France to find stronger evidence before it extradited Diab and failed to present evidence supporting his innocence. Diab consequently spent three years behind bars in France.

In January 2018, Diab arrived home in Canada to see his wife Rania, daughter Jena and Jad, the son whose birth he was unable to witness. His father died while Diab was locked away.

Diab attends to his daughter Jena, who was turning two when her father was extradited to France to face terrorism charges on which he has always maintained he is not guilty. (Lisa Laventure/CBC)

When asked about time he lost, Diab responds calmly and evenly. 

His experience left him “bitter” and “powerless,” as if there was no one protecting him.

“That’s the job of your country, to help you, not to push to help the requesting state.”

In short, he feels as though his life was worth less than a Frenchman’s.

Decision process is ‘too opaque’

Bayne says the issue is complicated by a lack of transparency from the International Assistance Group, a department within Justice Canada that advises the government on extradition cases. 

It’s a joke that there’s only two questions in an extradition hearing: Window seat? Or aisle?– Don Bayne , lawyer for Hassan Diab

“They are too powerful. They are too insular. It’s too opaque,” said Bayne. “They need independent oversight.” 

In essence, Bayne says judges at an extradition hearing have nothing to do but rubber stamp a decision made in political backrooms.

“It’s a joke that there’s only two questions in an extradition hearing,” he said. “Window seat? Or aisle?” 

Botting also says there is a frustrating lack of transparency within the Department of Justice.

That’s why he’d advise people in Nunavut to redouble their efforts to put pressure on the minister of justice and demand their day in court. 

“The time is ripe. The time is now to push for reform in this whole area, so that the situation doesn’t happen over and over again.”

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John Summers: How Ottawa lawyer mocked motherhood and society, reveals new book

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An Ottawa based lawyer from a leading law firm has been entangled in a web of controversy due to his action, which many have described has shocking and inhumane.

Despite claiming to uphold justice, human rights and societal values, John Summers, a lawyer at Bell Baker LLP, is a clear-cut example of just how broken the legal system in Canada is. It appears that Summers and his firm for years now have been exploiting a disturbed senior citizens  with chronic health conditions in his continuous abuse of his wife, for financial gains.

Summers has consistently stood in the way of justice by fabricating numerous lies. Resorting to lies in an attempt to hinder justice is an action that is heavily frowned upon by ethical legal practitioners. But Dezrin continued to suffer domestic abuse due to Summers’ action which had preventing her son, Raymond from seeing his own mother.

Summers’ actions since February 2016 has now resulted in the reported premature death of Dezrin Carby-Samuels who had been an RN who was selflessly dedicated to serving both her family and every community that she had lived.

Raymond and his mother, Dezrin, had sought the intervention of the law courts as a last resort in their quest for justice after Dezrin has been consistently abused by her husband, Horace and her daughter, Marcella. Rather than getting the fair hearing and justice that they expected, they received the direct opposite due to Summers apparently employing every dirty trick in the book. He has resorted to lies and illicit collaboration with judges of him alma mata just to inhibit every effort being made by Dezrin and her son.

In a book titled John Summers: The Untold Story of Corruption, Systemic Racism and Evil at Bell Baker LLP, author Peter Tremblay takes readers on a shocking journey into John Summers’ tactics which lacked ethical properiety and human decency.

Summers is proof that the ethical practices associated with the legal profession is quickly fading and it is a course for concern. In the case against Horace, Summers produced an apparent fraudulent affidavit which claimed that Raymond suffers from a mental condition—an entirely false claim. Lawyers like Summers are willing to go any length in an attempt to hinder justice, even if it leads to the destruction of lives and properties.

Summers falsely claimed that his client, Horace couldn’t file a defence for himself because he was unaware of the adopted court proceedings. However, in the early 1900s, Horace was the same one who showed so much confidence in his legal capabilities that he decided not to hire a legal counsel but represent himself during a lawsuit between his union and the Canadian Government. This act is contradictory to Summers’ claim of his poor legal understanding.

As humans, some certain moral ethics and values set us apart from other living things and one of them is showing respect for elders. Lawyers are respected in the society due to their pledge to always ensure justice prevails but Summers’ apparent greed and love for money have made him violate the human rights of an ailing mother and her son.

Peter Tremblay’s book uncovers untold stories of a corrupt system that accommodates abuse in the most inhumane form.  In Canada’s legal system, empathy and compassion were thrown out the door in exchange for money and an unknown demomic agenda. It begs the question: How then are aggrieved citizens supposed to trust a legal system for justice when a lawyer can tell unending lies against a senior citizen without any consequences or accountability?

The Law Society of Upper Canada which is supposed to regulate the legal profession in Ontario is a complete joke run by similarly corrupt lawyers who ignore the misdeeds of their colleagues.

Summers’ actions have led to Dezrin being unable to do anything since she lost her ability to walk, talk or even write due to abuse and ultimately her premature death.

Her inability to receive help from even her own son due to Summers’ fraudulent activities resulted in the destruction of Dezrin Carby-Samuels and for that reason Summers should be barred from the further practice of law anywhere in Canada.

In my view, Summers is an abomination to the legal profession and Peter Tremblay’s book documents the activities of John Summers since 2016 against three judges who where not from Summers’ alma mata and who sought justice for Dezrin and her son.

Since 2016, Dezrin had sought obtain freedom from forcible confinement imposed by her abusive husband but was unsuccessful, due to the interference Summers who refused to divulge who was in fact paying him reportedly $300/hr to frustrate justice.

Reports from credible sources allege that Dezrin passed away sometime last year due to Summers’ evil practices and this report has cast a dark cloud over the future of the legal system in Canada which had been ignoring the plight of other black Canadians.

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City staff propose ‘gold belt’ to hem in future Ottawa development

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The City of Ottawa is about to have a second marathon debate about where to allow future suburbs to be built, and this time staff propose hemming in development by creating what’s being dubbed the “gold belt.”

Eight months after city council decided to expand the urban boundary by 1,281 hectares to help house a growing population, senior city planners have released the map of which properties should be developed — and which property owners stand to see values soar if their lands are rezoned. 

They include areas north of Kanata on March Road, near the future Bowesville O-Train station in the south end, and at the southern edge of Orléans.

Scoring rural properties on such things as how close they are to transit and how costly it would be to build pipes and roads proved a challenge over the past several months, however.

“The easy land has been gobbled up in years past, in previous boundary expansions,” said Coun. Scott Moffatt, who belongs to a group of councillors that meets about the new official plan. “So now we’re looking at those leftover pieces and where we can [grow], knowing council was clear we would not be touching agricultural lands.”

270 hectares short of goal

Staff struggled to come up with all 1,281 hectares council approved adding in May 2020 because they had too many issues with “sub-optimal” lands.

Instead, they recommended converting 1,011 hectares of rural land to urban for now to meet provincial requirements, and then spending the next five years studying three options for making up the 270-hectare shortfall.

That opens the door to creating an entirely new suburb. 

For instance, one option involves a huge parcel near the Amazon warehouse southeast of the city where the Algonquins of Ontario envision a community of 35,000 to 45,000 people called Tewin, which they would build with developers Taggart.

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How an Ottawa woman built a majestic snow dragon in her front yard

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OTTAWA — You may sometimes feel winter drag on, but one Ottawa woman is not letting that dim her creativity.

Dr. Mary Naciuk is family doctor and rural emergency room physician. She spent some of her free time this weekend building a majestic snow dragon in front of her south Ottawa home.

“It’s just fun to get outside and do something creative,” she told CTV News on Sunday.

There was plenty of snow to use, after Ottawa saw a record 21 cm of snow on Saturday.

She said that after her husband cleared the driveway, the pile of snow left behind lent itself to being turned into a magnificent dragon, but it takes more than just the right kind of snow to make a sculpture like this.

Naciuk tells CTV News a shovel, a butter knife, a spoon and even a blowtorch were used to give the dragon its sharp edges and defined scales.

“Anything pointy with a small detail is really hard to do with just your fingers or the butter knife and spoon I was using, so (the blowtorch) just makes a fine point,” she said.

Her son tweeted about it on Saturday and Naciuk says many people have stopped to take a look.

My mom has reached the pass me a blowtorch and shovel and watch me make a snow dragon stage of the pandemic

(I was only allowed to shovel piles of snow) pic.twitter.com/aphZotpHiC — Tom Naciuk (@NaciukThomas) January 16, 2021

“A lot of people stop on their way to the ice rink and have a look and take pictures. It’s kind of fun,” she said.

It was a welcome relief to spend some time working on something creative outdoors, Naciuk said.

“Get outside, get some exercise, clear your mind, do something that is not COVID for a few hours. It obeys all the rules. It was great,” she said, adding that the dragon took her about five hours to build.

She’s been on the front lines of the COVID-19 pandemic for months. 

“It’s been a steep learning curve. It’s been exhausting,” she said. “A lot of the time is learning how to deliver care to people and maintain all the precautions that we need to. That’s been hard. A lot of people are not able to work from time to time, so we fill a lot of extra shifts. It’s been a lot more hours of work than it used to be, that’s for sure.”

Naciuk returns to work on Monday after a weekend of respite but says if the conditions are right—a nice mild day, a good snowfall, and some free time—another sculpture may well appear.

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