Friday, April 27, 2012

Access Denied to Parent Allegedly Connected to Criminal Associates

An interesting case of guilt by association. I wonder what precedent it might set for other cases where children might be put into high-risk situations due to parent's possible involvement in risky lifestyles. I wonder if this ruling would stand if it was appealed?

B.C. judge cuts off Langley dad’s access to son, saying ‘violent world’ puts boy ‘in danger'

Keith Fraser, The Province, April 27, 2012

A Langley man with alleged connections to the Bacon brothers and the Hells Angels has been denied access to his young son due to his criminal associations.

After Jonathan Bacon was shot to death last August in Kelowna and Hells Angel Larry Amero seriously wounded, Caitlin Dorothy Sutton, the partner of Brendan Ward Paterson, cut off his access to the boy.

In affidavits filed in court, Sutton characterized the relationship as very stormy and violent, and said she feared that the boy would be in danger while in the presence of his father.

In denying access for Paterson, B.C. Supreme Court Justice Robert Jenkins noted that, while many of the allegations are not corroborated, there was corroboration from Paterson’s father, Mark Paterson.

In his affidavit, Mark Paterson stated there was an assault in which his son allegedly attacked Sutton’s boyfriend in the presence of the boy.

He said that Brendan Paterson — who claimed that, while he knew Bacon and Amero, he was not a close friend of either of them — was “very well acquainted” with Amero, worked out at the gym with him, went to Amero’s parents’ home for dinner and allowed his son to play with Amero’s son.

The dad said that, when he learned that Bacon had been killed and Amero shot, he phoned his son to say he was sorry that Amero had been shot and to express his concern that Brendan might be next.

“Brendan said to me, ‘How can you f--king talk to me like that when my buddy has just been killed.’ That was the first time I was aware that Jonathan Bacon was a buddy of Brendan’s.”

Mark Paterson said that, following the Kelowna shooting, he’d had numerous conversations with Sutton wherein the two of them expressed concern about the safety of Brendan Paterson and his son.

“Caitlin has disclosed text messages from Brendan since [the boy’s birth] which were demanding, insinuating and threatening,” he said.

The judge found that Mark Paterson’s evidence was proof that his son associated with known criminal who themselves have been targeted by gang members, that Paterson had admitted to having used extreme violence and threats and had exposed the boy to violence and criminal elements.

“As Mark Paterson and Ms. Sutton have deposed, [the boy] would clearly be in danger were he to be out in public with his father, due to his father’s criminal connections and the violent world in which he has become a participant,” the judge ruled.

“It is clearly not in Damian’s interests that he spend time in his father’s presence.”
Sutton said that, soon after she started dating Brendan Paterson in 2007, she met Amero through Paterson and realized that Amero was a member of the Hells Angels.

She said she was aware that there were several criminal charges outstanding against Paterson, many of them relating to possession of ­loaded firearms.

After moving in with him, she became aware he was dealing in crystal meth and had burned his hands and arms while manufacturing the drug.

An affidavit describes an incident in 2008 when a man entered their townhouse with a shotgun, held it to her head and demanded Paterson show him the drugs and money.
The intruder left and Paterson took a firearm and followed the invader down the street in his vehicle.

“She also stated that she had been assaulted by Mr. Paterson on several occasions, even when she was pregnant with [the boy],” said the court ruling.

Paterson denied Sutton’s allegations and said he is not a gang member and has no criminal record. He said the boy was in no danger.

Rebecca Darnell, Sutton’s lawyer, said the case shows that young women who find themselves in “dead-end” relationships can get help and protection from the courts.


Wednesday, April 4, 2012

Living Together as a Couple: The Financial Part of Relationships

As a professional, I can't emphasize enough knowing what assets and debt people are bringing to the table before you move in together. Discussing the money issue in your relationship when you start getting more serious is a must, because it WILL rear its head eventually and sometimes it will be in a crisis situation, which will add more stress to  strained relationships. You may also want to discuss issues such as will either set of parents, or other relatives, come to live with you as a couple? These things inevitably arise, its better to learn what each of you think before moving in, or marrying.

One of my most favourite shows is "'Til Debt Do Us Part" (it's on Slice) with Gail Vaz-Oxblade. She is as no-nonsense as it gets helping couples and families get out of debt and self-created financial crisis. Gail's website and blog also have tons of financial tips and tools for people who want to boost their financial savvy and be proactive to avoid problems.

The Financial Consumer Agency of Canada discusses the financial issues related to living as a couple, whether you are planning to get married or moving in together. The tips and tools will help you plan and manage your finances as a couple.

Planning your finances as a couple
Managing your finances as a couple Couples’ finances and the law

Saturday, March 31, 2012

Reasonable Doubt: Explanations of Legal Terms and Thoughts on Legal Issues

The Georgia Straight has a regular Friday column, Reasonable Doubt, in which lawyers offer general advice about legal topics. It's worth checking out. Here are a few to check out. Click on the link to read the full article.

Lawyer-client privilege not always clear-cut
Nancy Seto, March 30, 2012

Communications are subject to the privilege when three preconditions are met:
1) it’s a communication between a lawyer and client,
2) which entails the seeking or giving of legal advice, and
3) which is intended to be confidential by the parties. 

There are a number of exceptions.

1) “innocence at stake”
2) “public safety exception”
3) “criminal communications”

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Reasonable Doubt: Peace bonds demystified and online surveillance bill criticized
By Nancy Seto,
A peace bond is a court order designed to prevent a person from committing or recommitting a crime that has an aspect of violence (i.e. assault, uttering threats, and criminal harassment). 
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Friday, March 30, 2012

BC Law Society is Going After Freelance Divorce Consultant

An interesting spat is brewing over whether advocates can offer paid advice to assist people in uncontested divorces. Read more about it all below.

Monday, February 27, 2012

Tips for Doing Your Homework when Retaining a Lawyer

This article offers some general ideas to keep in mind what looking to retain a lawyer.

Ten steps to take before hiring a lawyer 

Wednesday, February 22, 2012

Canadian Statistics on Family Violence

Family Violence in Canada: A Statistical Profile

Statistics Canada, 2011.Canadian Centre for Justice Statistics under the Federal Family Violence Initiative

Find out more about violence toward spouses, children and youth, seniors and family related homicides from 2000 to 2009.

Here are some highlights from the report:

Spousal Violence:

Definition: encompasses physical and sexual violence, as well as emotional and financial abuse, perpetrated by a current or former legal or common-law spouse.
  • 6% of Canadians with a current or former spouse reported being physically or sexually victimized by their spouse in the 5 years preceding the survey.
  • Less than one-quarter of spousal violence victims report the incident to police (22% in 2009).
  • The proportion of victims who reported the most serious forms of spousal violence such as being sexually assaulted, beaten, choked or threatened with a gun or knife was similar to 2004.
  • Those aged 25 to 34 years old were three times more likely than those aged 45 and older to state that they had been physically or sexually assaulted by their spouse.
  • In 2009, females who reported spousal violence were about three times more likely than males (34% versus 10%3 ) to report that they had been sexually assaulted, beaten, choked
    or threatened with a gun or a knife by their partner or ex-partner in the previous 5 years.
  • Females were more likely than males to report multiple victimizations, at 57% and 40% respectively.
  • In 2009, 22% of spousal violence victims stated that they had been sexually assaulted, beaten, choked, or threatened with a gun or a knife, a proportion that did not differ significantly from 2004 (29%).
  • In 2009, victims of spousal violence were less likely to report the incident to police than in 2004.

Violence against Children & Youth:
  • Police-reported data for 2009 indicate that children and youth under the age of 18 were most likely to be sexually victimized or physically assaulted by someone they knew (85% of incidents).
  • Nearly 55,000 children and youth were the victims of a sexual offence or physical assault in 2009, about 3 in 10 of which were perpetrated by a family member.
  • Six in ten children and youth victims of family violence were assaulted by their parents. The youngest child victims (under the age of three years) were most vulnerable to violence by a parent.
  • In 2009, the rate of family-related sexual offences was more than four times higher for girls than for boys. The rate of physical assault was similar for girls and boys.

Spousal and Common-law Homicide
  • Between 2000 and 2009, spousal homicides accounted for 16% of all solved homicides and nearly half (47%) of all family-related homicides.
  • Females were more likely to be the victims of family-related homicide, particularly spousal homicide. Over the past 30 years, the rate of spousal homicides against females has consistently been about three to four times higher than that for males.
  • Between 2000 and 2009, 40% of spousal homicides involved common-law partners and 36% involved married spouses. Another 23% were against separated spouses and 2% were against divorced spouses.
  • The majority of male victims were killed by a common-law partner (66%), female victims were slightly more likely to have been killed by their legally married spouse (39%) than by a common-law partner (33%).
  • Female victims of spousal homicide were more likely than male victims to be killed by a partner from whom they were separated (26% versus 11%).
  • Stabbings were the most common method used to commit spousal homicide, more commonly used against males (72%) than females (32%).
  • Female victims were more likely than male victims to be shot (26% versus 11%), strangled, suffocated or drowned (22% versus 4%) or beaten to death (16% versus 5%).

Homicide of Children & Youth:
  • Between 2000 and 2009, there were 326 homicides against children and youth (0 to 17 years) committed by a family member, accounting for 7% of all solved homicides and 21% of all family-related homicides.
  • Homicides against children and youth were committed more often by family members than
    non-family members.
  • The risk of homicide by family members tends to be highest for infants (less than one year of age); Between 2000 and 2009, the rate of family-related homicide against infants was nearly triple the rate of 1 to 3 year-olds, the next highest age group.
  • Parents were almost invariably the accused person identified in family-related homicides against infants, accounting for about 98% of all such homicides between 2000 and 2009.