DEY: Update on Court hearing today

Just got back from the court. L and C were not present; they were contacted by phone, each on a separate line. Today, J.MacDonald (newly appointed Chief Justice) mostly set guidelines and dates for the next stage. Larry was representing Carline. Twice MacDonald cut Larry off. There is a struggle about what material/documents will be allowed in for the Appeal. Whelton wants to start from the November ruling by J.Smith, Larry wants to start from the beginning with the originating notice. CAS wants to avoid the issue of what started all of this and start somewhere in the middle. The next date for the court is July 28. It's going to be a big time drag out.

The lawyer for the Attorney General/Minister for Community Services is trying to get the Minister off the case?? I don't know how the Minister of Community Services can not be party to this. From what I see in the Family Court there seems to be some kind of struggle as to who is the authority here, Children's Aid/Children's Services or the Minister of Community Services. The cases in the family Court yesterday were Minister of Community Services V. the parties whereas, before they were CAS V. the parties. I think something is going on.

The judge refused to make a ruling that L and C be allowed communication with each other with regard to the court matters, instead left it up to the institution authorities. Larry's aim is to get it through the N.S. courts an then take it to the Supreme court of Canada. MacDonald could have passes it on today but, instead he is willing to drag it through the court here. Could be another six months at least. Part of what they want to do is keep Mona Clare in limbo and that way they have control over C. and L. Also, there is a perpetual problem of getting transcripts and documents to both L. and C.

One other thing, the judge wants to appoint an amicus curiae again in spite of the objections of both L. and C. If they have a court appointed amicus, L.and C then lose some amount of control. There is a greater chance of losing control over getting in things they want, or keeping out things that they want.

Marilyn Dey