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What family law news Kathleen Walker found interesting today
July 29, 2010

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Suitcase stickers draw ire of Baird's office
Minister's spokesman says people should 'think twice' about using images
Two Vancouver entrepreneurs selling eye-catching stickers so travellers can easily identify their luggage say they might consider stopping domestic sales after hearing the reaction from the federal transport minister's office. Transportation Minister John Baird is in charge of airport security. (Adrian Wyld/Canadian Press)The series of four stickers make it appear that a suitcase has been torn open to reveal something nefarious. On one sticker, a gagged and bound flight attendant seems to be stuffed inside the luggage, another shows packets of cocaine, while another has bundles of money, and the fourth makes it appear the torn bag is filled with sex toys. The stickers are sold through a website called thecheeky.com. "Joking around like this could possibly be a serious violation of the Aeronautics Act," James Kusie, a spokesman for Transport Minister John Baird, told CBC News. "Joking about potentially trafficking illegal substances, or worse, is not funny, and the government will use the full force of the law to ensure Canadians who travel by air are safe," Kusie said. "Whoa," was co-creator Colin Hart's reaction when told of the comments from the minister's office. Stickers meant to help people spot their luggage have also caught the eye of Canada's transportation department. (thecheeky.com)"We don't want to get people in trouble, that's not the plan. We're just a couple of lads here in Vancouver having a bit of fun. We're not scared of this, we just want to make sure that people are OK, and there are no problems," he said. Hart and his partner Ryan McCormick say they're surprised by the reaction the stickers are getting. Since they were launched last week, the pair have sold more than 1,000 of the stickers at $15 apiece. But they say only two per cent of the orders are from Canada. On Tuesday, there was a spike in sales to people in Germany, with other orders pouring in from Denmark, The Netherlands, Spain and Switzerland. A spokesman for Transport Minister John Baird said joking about trafficking illegal substances is not funny. (thecheeky.com)While the pair say they'll abandon sales in Canada if it leads to legal problems, they're not prepared to completely halt sales. "I can't say if we'll pull it from the global market because the demand is so high," said McCormick. Baird's office has some advice for anyone who might consider taking a sticker-laden suitcase into an airport. "People should think twice about using such stickers," Kusie said. Read more: http://www.cbc.ca/canada/british-columbia/story/2010/07/28/con-stickers-baird.html#ixzz0v2mcAkBO
Online scams target lonely hearts with troops' photos
But he never came home. After some research, Chapman discovered the 20-year-old blond in fatigues pictured in the online dating profile, Spc. Brian Browning, had died in Iraq three years ago. And the man she had been e-mailing and chatting with for the last six months, who went by the name "Christain Browning," was really a scammer posing as an American soldier.
"He made me believe he was falling for me, that he was completely in love with me, that he was a soldier over there defending our country," said Chapman, a recently separated mother of two. "I think I had a big red flag on me that said, 'very lonely, very vulnerable.'"
Chris Grey, a spokesman for the Army's Criminal Investigation Command, told CNN his division has received hundreds of complaints of scammers using the photos of U.S. soldiers in dating and social websites in the last year. CNN has learned the scammers have used photos of both living and dead troops, including high-ranking Army officials and even generals assigned to the Pentagon.
Many of the soldiers are fighting overseas, unaware that their photos -- stolen off the web -- are being used unless they're contacted by the duped victims. But often, as in the case of Stacey Chapman, the impostor uses a variation on the soldier's name, making the real soldier hard to find.
A broken-hearted Chapman lost more than $1,200 that she sent via Western Union for what she thought was his plane ticket home. And while the financial hit hurt, it didn't compare to the emotional toll.
SIU blog: Scammers, be gone
"What a lowlife he was, trying to actually portray a soldier that had died in the war," Chapman said. "I had fallen for him, and he had ran with it and taken me for not only my money, (but) my heart."
Grey said the military can't do anything to stop the scam because U.S. soldiers aren't the perpetrators. The best solution, he said, is to get the word out.
Master Sgt. C.J. Grisham, a military blogger and active-duty soldier, is doing just that. Grisham receives up to 10 emails a day from victims duped by the scammers. Through his blog, www.soldiersperspective.us, he warns unsuspecting victims and soldiers and tracks the scammers, who he said are likely based in western Africa.
Grisham said the scheme often starts out small. After capturing the attention of a woman online with a fake profile of a man in uniform, the scam artist teases the victim with chocolates, flowers and teddy bears. Soon after sending the gifts, the impostor starts asking for money to pay for Internet or phone service. From there, the money requests grow.
"Love is such a powerful emotion. Loyalty or patriotism is a very powerful emotion. And people do a lot of stupid stuff in the name of love and in the name of patriotism," Grisham said.
CNN contacted the Browning family in Astoria, Oregon, after learning that the photo of their fallen son had been used in the online romance scam. Spc. Brian Browning's father, Perry Browning, didn't take the news lightly.
"It makes me madder now more than anything, because some scumbag is using my son's good name and honor to pillage women," Browning said.
Browning's father had a message for Stacey Chapman, the woman who planned to marry his "son." The real Brian Browning was a loving son and a caring and funny character, he said.
"She fell in love with a nice picture of a young man. My son was a worthy person. He was worth falling in love with," Browning said. Chapman is "every much a victim in this as my son Brian was," he added.
"This guy is just trying to make a buck off of everybody's heart. Crappy bastard," he said.
Beverly Hills, CA
Mel Gibson Faces Uphill Custody Battle
The battle between Mel Gibson and Oksana Grigorieva over custody of their eight-month daughter is entering a high-stakes phase.
The charges and countercharges continue to fly. Today, a recording was released of a two-and-a-half-minute profanity-filled rant in which Mel Gibson lashes out against Grigorieva's prior husband and James Bond star, Timothy Dalton. Originally, Gibson and Grigorieva had a joint legal and physical custody arrangement that gave each of them significant time with their daughter.
According to Beverly Hills divorce lawyer, Evan T. Sussman, the hate-filled recordings may be jeopardizing Gibson's chances in the custody battle. "There is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a perpetrator of domestic violence is detrimental to the child's best interest. At a minimum, the recordings tend to show that Gibson isn't being cooperative, and at worst they may help convince a judge that he is being emotionally and physically abusive to the mother of his child."
Judges often follow the custody arrangement that is agreed to by the parents. Here, however, "the judge in awarding sole custody must consider which parent is likely to allow the child frequent and continuing contact with the other parent." Sussman, a Certified Specialist in Family Law, says. "Gibson's lawyers have so far done a good job of helping Gibson keep joint custody, but with the release of each recording, their job is getting more difficult."
Evan T. Sussman is the founder of Sussman & Associates (www.sussmanlawfirm.com), a family law firm located in Beverly Hills, California. Mr. Sussman has been recognized by the State Bar of California as a Certified Specialist in Family Law, a designation earned by fewer than one percent of California lawyers. Mr. Sussman can be reached at 310.288.1990.
Evan T. Sussman
Sussman & Associates
Beverly Hills, CA
310-288-1990
Alarm saved my life: fire survivor
A New Westminster man is grateful a fire alarm awakened him in time to escape an early morning blaze.
Don Rock, who moved into the building at 352 Hospital St. only five days ago, and several other residents are looking for new homes following the fire that broke out about 1 a.m. Saturday.
Rock said he was sleeping in his apartment on the third floor when he heard the fire alarm sound.
Rock believes all of his possessions were lost in the fire, but he's not complaining.
"Let's put it this way," Rock told CBC News. "Had I not heard the alarm and probably five minutes after that fact I would have been dead, so I feel very blessed to be frank with you."
There was no word on the extent of the damage to the building, nor when residents might be able to return.
Fire officials said there was nothing to indicate the fire was arson and its cause remains under investigation.
Read more: http://www.cbc.ca/canada/british-columbia/story/2010/07/24/bc-new-west-apartment-fire.html#ixzz0ufA6AwuS
Autistic boy's killer not criminally responsible
Kimberly Noyes has been found not criminally responsible for the death of John Fulton.
A judge has found Kimberly Noyes, 43, not criminally responsible because of a mental disorder in the slaying of a 12-year-old autistic boy in Grand Forks, B.C.
John Fulton disappeared from the front step of his family's condominium in August 2009. His body was found two days later in Noyes's townhome just a few doors away, in the southern Interior town.
Noyes admitted to police that she killed Fulton in her condo with a kitchen knife. Her videotaped confession was not challenged during the trial, which wrapped up Friday in Rossland, B.C.
Judge Mark McEwan found she was not responsible for her actions because of her mental state at the time of the killing.
Noyes's lawyer Deanne Gafar said the judgment is reasonable under Canadian law.
Gafar said that for a person to be found criminally responsible, they must voluntarily and intentionally commit the crime.
"In this particular case, [Noyes's] mental disorder is not an excuse, it's an explanation," Gafar said.
"The finding of not criminally responsible is an additional element to our normal findings of either guilty or not guilty. Not criminally responsible is an additional ground that is based in our criminal law and has been so for centuries."
Noyes will be sent for psychiatric evaluation by a panel of three doctors within 45 days. She will be held in custody indefinitely, until experts rule she is no longer a danger to the public.
Suffered from mental illness
During the trial, both the Crown and the defence lawyers said Noyes was mentally ill at the time of the killing.
Medical experts testified that at the time of the homicide, Noyes was bipolar and severely depressed, had gone off her medication and was hearing voices.
The court heard Noyes had been treated in hospital several times over the years and her mental illness was well-documented.
One forensic psychiatrist, Dr. Shabehram Lohrasbe, testified there was "no shadow of a doubt" that Noyes has a "major" mental illness.
The court also heard from her eldest daughter and other psychiatrists who had treated Noyes about her delusion that she had to "sacrifice" her youngest daughter and then resurrect her.
Read more: http://www.cbc.ca/canada/british-columbia/story/2010/07/23/bc-kimberly-noyes-verdict.html#ixzz0uZh77UbS
Canada's soldiers returning home from the war in Afghanistan with post-traumatic stress disorder face added obstacles because of caregiver burnout at Veterans Affairs, the federal department charged with helping them.
Magali Picard, vice-president of the union representing Veterans Affairs employees, told reporters yesterday that social workers within the department have a caseload of 40 clients, compared with caseloads of 20 in provincially run community clinics.
And in the Quebec City office, which serves the Canadian Forces Base at Valcartier, department norms say there should be 24 social workers, but there are only 16.
"Several have left for professional burnout," Picard said.
That means soldiers suffering from PTSD can wait up to four months before seeing a social worker, a necessary step to integrate them back into society and return them to the labour market.
Picard explained that patients waiting to see a Veterans Affairs social worker can't go to a CLSC because the CLSC will just send them back to Veterans Affairs.
As veterans, the federal government is responsible for them, she explained.
But Picard also announced the "excellent" news that Veterans Affairs Minister Jean-Pierre Blackburn has authorized the hiring of six more social workers for the Quebec City office.
And she credited the role of the media in swaying Blackburn, noting that last year, away from the media glare, the union invited Veterans Affairs brass to explain the situation, but nothing happened.
It was only after a June 14 news conference that Blackburn ordered an assessment of the situation, finding similar problems in Edmonton and Petawawa, Ont., near two more bases where troops serving in Afghanistan have returned.
"A press conference produced results," she said.
"They have no choice but to add resources."
Picard explained that the Quebec City Veterans Affairs office is receiving five new requests for help a week, and completing treatment for one soldier a month.
In June, there were 85 ex-soldiers waiting to be treated. Now, there are 114 on the waiting list to see a social worker.
Picard said of the most recent contingent of 140 soldiers returning from Afghanistan, she has been told that 40 will need the rehabilitation services.
"We're not making it," she said, adding that a PTSD patient should be back on the labour market after two years, but there are cases that have been in the system since 2006, when the new approach to treating them began.
Previously, returning veterans with problems would be given a pension, with no follow-up.
Recently, Blackburn said that with only 155,700 of the 1.1 million Canadians who fought in the Second World War and the Korean War still alive, his department will shrink.
Picard said scarcer resources mean the remaining veterans from past wars, who used to receive a visit from a department social worker every two or three years, are no longer visited.
Yvan Thauvette, president of the Department of Veterans Affairs employees union, noted Blackburn has talked about closing offices, although he has also announced a new service point will open in Bagotville, near the minister's Jonquiere-Alma riding.
"We know some regions will lose personnel and some will gain, but for today's needs, what are you going to do?" Thauvette asked.
kdougherty@thegazette.canwest.com
© Copyright (c) The Montreal Gazette
Read more: http://www.montrealgazette.com/news/Caregiver+burnout+adds+veterans+woes/3303200/story.html?utm_source=twitterfeed&utm_medium=twitter#ixzz0uTEqaUZW
Suit claims widow of firefighter was born a man
By PAIGE HEWITT
Copyright 2010 Houston Chronicle
The family of a Wharton firefighter who died battling a massive egg farm blaze is fighting to keep his widow from receiving death benefits, arguing that the 37-year-old had found out his bride of two years was born a man.
Thomas Araguz III separated from his wife after learning her history two months prior to being trapped in the fatal July 3 fire, according to attorney Chad Ellis, who is representing Araguz's parents in the lawsuit.
"He was distraught. It was extremely difficult and embarrassing for Tommy," said Ellis, who added that there is no will for the estate, which will be substantial since the fire captain died in the line of duty.
Thomas Araguz learned during a custody dispute with his ex-wife last spring that 35-year-old Nikki Araguz, whom he married in August 2008, was allegedly born as Justin Graham Purdue. Ellis said he was unsure when Nikki Araguz may have undergone a sex-change operation, but the lawsuit claims she changed her name in the mid-1990s to Nikki Paige Araguz.
Nikki Araguz has been court-ordered not to remove any property from their home, withdraw funds from any account or receive any death benefits, as part of the lawsuit filed last week in state district court by the firefighter's mother, Simona Longoria.
Among the issues: Who will be the administrator of the estate and whether Nikki Araguz was Thomas Araguz' lawful wife. The family wants all the death benefits to go to the two young sons that Araguz had with ex-wife Heather Delgado.
The lawsuit, slated for Friday in Wharton County District Court, leans on 1999 state case law prohibiting same-sex marriage and maintaining a person's gender forever remains the same as it was at birth, Ellis said.
"We are not blazing new legal ground here," Ellis said.
Nikki Araguz declined Sunday to discuss her gender history, and insisted that her husband knew everything about her personal life when they married in August 2008. She also said the couple was not separated.
"We had a completely honest marriage, a 100 percent loving, honest marriage," she said. "I am grieving the loss of my husband and best friend."
She also would not discuss her birth name or whether she was connected to the criminal history of Justin Graham Purdue, which includes at least three theft convictions.
Nikki Araguz, a native of northwest Houston, ran an unsuccessful bid for Wharton mayor against a volunteer firefighter this past spring, drawing 30 percent of the vote. She closed her magazine, Wharton County Living, immediately following her husband's death.
Another issue at play: Only a spouse may file a wrongful death suit, Ellis said.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the state fire marshal have said the fire — which required 150 firefighters from 31 departments — was caused by a light fixture.
paige.hewitt@chron.com
Pictured Karen Smith and Ayden Miller, bludgeoned to death by Karen's boyfriend in December 2008
New family laws to help combat domestic violence
Proposed changes to B.C.'s family laws will help protect against domestic violence and allow for tougher restraining orders against dangerous partners, critics say.
A definition of domestic violence will be written into the new Family Law Act when it is introduced next year, to be used by judges when determining what's in the best interest of a child.
"This addresses an important gap in the current law and recognizes that violence -- even if directed exclusively at the spouse -- can still be harmful to a child," the government wrote in a white paper on family law changes released yesterday.
Attorney General Mike de Jong said the change directly reflects suggestions made by B.C.'s Representative for Children and Youth, Mary Ellen Turpel-Lafond, in her scathing report last September on a murder-suicide in Oak Bay.
Peter Lee stabbed to death his six-year-old son Christian, wife Sunny Park, and her parents Kum Lea Chun and Moon Kyu Park, before taking his own life in 2007. Turpel-Lafond's report said the system failed the boy because of a lack of co-ordination among police, social workers and the courts.
Among a host of recommendations, she called on government to define domestic violence in family law and make protection orders against abusive spouses more accessible, with stiffer consequences.
The government's proposed changes replace restraining orders, which it admits were hard to enforce and problematic under family law, with "protection orders" enforceable under the Criminal Code.
Tracy Porteous, executive director of the Ending Violence Association of B.C., praised the changes:
"The minister is taking a big step today to increase the safety of women and children in enforcement of protection orders, and looking at the best interests of the child that hasn't been done previously."
In the last 15 years in B.C., 152 people have died due to domestic violence, many of them in the midst of divorce or separation or child-custody disputes, said Porteous.
The provincial government said it also wants different branches of the court system to better communicate, so that a family court judge deciding the placement of a child will know about relevant ongoing criminal charges or orders against the parties involved.
rfshaw@tc.canwest.com
- - -
FAMILY LAW OVERHAUL HIGHLIGHTS
Other important measures in B.C.'s proposed changes to its family laws include:
- Repealing a controversial law that allows parents to sue their adult children for support.
- Creating "parenting co-ordinators" with the authority to resolve disputes within existing parenting agreements -- without tying up court resources.
- Forcing a mandatory 60-day notice when a guardian wants to relocate a child so parents can resolve the move co-operatively, and a judge can consider whether it is in the child's best interests.
- Making "children's best interests the only consideration in parenting disputes" and allowing for the consideration of a child's view.
- Changing certain legal language to more neutral terms, such as replacing "custody" with "guardianship," and "access" with "parenting time."
- New penalties against parents who fail to show up for their allotted time with a child, or who withhold access from another parent. Sanctions range from counselling to the removal of the child to up to 30 days in jail.
- Expanding the law on dividing property among common-law couples.
- Excluding certain types of property from being split at the end of a relationship, including pre- and post-relationship property, gifts and inheritances.
- Regularly reviewing spousal-support agreements.
- Defining domestic violence and making it a consideration in determining a child's best interest. Also, ensuring family court judges know of any current criminal or civil proceedings against the parties involved.
- Replacing family law restraining orders with "protection orders" enforceable under the Criminal Code.
- Giving judges new "conduct orders" to deal with so-called "high-conflict families" that are so acrimonious and hostile that they tie up the system and perpetuate conflict. The court may also appoint a lawyer for a child to help refocus the disagreement on the best interests of the child.
© Copyright (c) The Victoria Times Colonist
Read more: http://www.vancouversun.com/news/family+laws+help+combat+domestic+violence/3298970/story.html#ixzz0uJoKweN5
Number of children removed from parents soars
TWO in every 100 children aged under 18 in NSW have been removed from their families and placed in foster care or with relatives at some time in their lives, new official figures show.
This amounts to about 36,000 children and young people who have had experience of out-of-home care either through abuse or neglect or because of parental illness or inability to cope. The high rate of removals in recent years is contained in a report, Estimate of NSW Children Involved in the Child Welfare System, by the evaluation and statistics branch of Community Services, now a part of the Department of Human Services.
It shows that in June 2009 1 per cent of NSW's children under 18 - more than 16,523 - were living in out-of-home care.
The number in care has risen by 72 per cent since June 2002, when 9273 children and young people were in foster or kinship care.
The number of children being removed from parental care has soared in recent years, partly because of increased awareness of parental drug and alcohol problems, and mental illness, and also because of an increased number of case workers hired after the department received a $1.2 billion five-year funding package in 2002.
Frank Ainsworth, adjunct senior principal research fellow in the school of social work and community welfare at James Cook University, said more children were being removed at birth from mothers who had already had a child placed in care. A 2006 legal amendment had reversed the onus of proof from the department to mothers. "It's modern-day eugenics," he said.
The Minister for Community Services, Linda Burney, said the government's new child protection system, introduced six months ago, aimed to reduce the number of children entering care by putting more emphasis on early intervention.
"If the current rates of children entering out-of-home care continue, 24,000 children will come into care by 2013/14.'' Ms Burney said.
This would not only have a devastating emotional cost for children and their families, it would increase the annual cost to the state from $589 million this year to between $800 million and $900 million, she said.
The report shows that 97 children newly entered the out-of-home care system every week in 2008/9 and another 130 a week were re-entering for a second or subsequent episode. Of teenagers aged 15 to 17, more than 3 per cent have been in out-of-home care at some time in their lives. The 2008 Wood Special Commission of Inquiry into Child Protection Services was highly critical of the foster-care programs run by Community Services, which is responsible for 85 per cent of children in care.
It urged responsibility for foster care to be transferred to non-government agencies which had a better record.
The Herald reported yesterday the new data also showed one-third of the state's 15- and 16-year-olds had been notified to Community Services during their lifetime due to concerns about abuse or neglect, and that 27 per cent of all children under 18 had been notified.
Source: The Age
B.C. common-law couples to get marriage rights
First major overhaul in 30 years would modernize the province's Family Relations Act.
Victoria (20 July 2010) - B.C.'s Liberal government wants to extend laws governing the division of property to common-law spouses who have lived together for two years or who have children together.
Existing property division laws don't generally apply to common-law separations. This means couples choosing not to get married to avoid the marriage property division laws may need to reassess their arrangements.
The proposals are part of a package of major changes to the province's family law put forward by Attorney General Mike de Jong.
De Jong says the changes are intended to modernize the province's Family Relations Act for first time in 30 years, making the statute less adversarial and easier to understand.
If passed the changes would cover a wide range of issues such as separations, child custody, support payments, division of property and pensions, access responsibilities, children's participation in the legal process and family violence.
The changes also includes proposals to create more options for out-of-court dispute resolution and for improving tools to enforce court rulings. Family court professionals would be required to advise couples on how to resolve their differences out of court.
There are also measures meant to curb domestic violence, including a proposal to replace restraining orders with protection orders that would be enforceable under the Criminal Code.
The public will be able to contribute comments on the proposed changes until Oct. 8 through the B.C. government website.
NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE
CRISTIANO RONALDO'S 20 MILLION ONE NIGHT STAND

By Adrian Butler 18/07/2010
CRISTIANO'S LOVECHILD TRUTH ABOUT THE MUM
The mother of Cristiano Ronaldo's baby is a penniless American waitress who the football star seduced with the line: "Me, you, f*** f***."
But his chat-up line was so blunt, she didn't understand it. So Ronaldo resorted to drawing a love heart on a misted-up window and said: "Me, you, kiss!"
Then he whisked her back to his hotel for a one-night stand which left the girl pregnant - and Ronaldo with a £10million paternity bill.
Most of the world believed that Ronaldo had actually used a surrogate mother to have his baby - but the Sunday Mirror can reveal the truth of his sudden unexpected fatherhood.
And how, after hearing the baby was his, he told friends "I feel like Boris Becker" - a reference to the tennis star who fathered a love-child after having sex just once in a London restaurant - which cost him £20m.
The £200,000-a-week striker used his best friend to help broker an exclusive paternity deal in New York, supervised by his fearsome mother Dolores Aveiro, to bring the baby back to Portugal.
Ronaldo has told friends he won't tell the boy the identity of his mother until his 18th birthday.
Football fans reacted with disbelief when Ronaldo, whose conquests include socialite Paris Hilton and reality TV star Imogen Thomas, suddenly announced on July 3 that he had a son.
In a cryptic message posted on Facebook, he told how the baby's mother wanted to remain private and declared: "My son will be under my exclusive guardianship." He later said the baby had been named Cristiano after him.
And the little boy's mother has been paid a life-changing $15.1million to keep her identity confidential and to hand the child over to Ronaldo's family.
Last summer, on a trip to Los Angeles that would see him hooking up with Paris Hilton, Ronaldo strutted into a restaurant and spotted the future mother of his son. A friend said: "Ronni looked the girl in the eye and said extremely directly: 'Me, you, f*** f***.'
"She was taken aback and just said: 'What!' She didn't actually understand what he meant. She was totally nonplussed
"The window by his table was steamed up, so he drew a love heart on it with his finger. Then he said, 'Me, you, kiss,' and the penny dropped.
"That's typical Ronni - he pretends his English is terrible when it suits him, and he comes straight to the point. It was just yet another one-night stand and Ronnie assumed he would never see her again." But after finding out she was pregnant, and convinced Ronaldo was the only possible father, the woman tracked him down through his agent, Jorge Mendes.
Mendes told Ronaldo, who immediately told his no-nonsense mother Dolores, 55, and sisters Elma, 34, and 33-year-old Liliana Cátia.
It was agreed that Ronaldo would give DNA for a paternity test once the baby was born and provide support for the mother and child if it proved to be his.
Read more: http://www.mirror.co.uk/news/top-stories/2010/07/18/10m-ron-night-stand-115875-22421191/#ixzz0u3fuWGq8
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Photo - Karen Smith, 28, and her 20-month-old son Ayden Miller were killed Dec. 17, 2008. By CHERYL CHAN STAFF REPORTER chchan@theprovince.com — with a file by CHBC News
Grandma: No ‘hatred in my heart’ for killer
Kelowna woman forgives but does not ‘absolve’ man sent to prison
A Kelowna woman whose daughter and grandson were killed in a grisly double slaying says she has to try to forgive the man responsible so she can move forward with her life.
“Forgiving Nick for taking the lives of my daughter and my grandson does not mean that I absolve him in any way of the actions that he took to take their lives — I only wish that different choices had been made,” an emotional Marla Smith told B.C. Supreme Court Justice Barry Davies on Friday.
Nicholas Brian Coopper — who had pleaded guilty to manslaughter and second-degree murder in the deaths of 20-month-old Ayden Miller and his mother Karen Smith, 28 — sobbed loudly during his sentencing hearing.
Coopper, 29, was sentenced to 15 years for Ayden’s death and received a life sentence with no chance of parole until after 20 years for the premeditated murder of Karen, his common-law spouse, on Dec. 17, 2008.
Smith said Saturday the sentence was “fair” and added that she hopes Coopper turns his life around in prison.
“I think Nick has an opportunity now that he didn’t avail of the last time to make things work for him,” said Smith, referring to Coopper’s previous stint in prison for manslaughter and subsequent parole violations.
During the two-day hearing, the court heard how Coopper was babysitting Ayden and killed him in a booze-and meth-fuelled frenzy when the little boy began crying.
Coopper then stuffed Ayden’s body inside a duffel bag and arranged his bed to appear as if he was already sleeping.
Karen Smith, returning home from an evening shift at a Kelowna video store, went to bed unaware of her son’s fate. Coopper bludgeoned her to death with a 13.5-kilogram dumbbell as she slept, later claiming he did it to spare her the pain of knowing about Ayden’s death.
The next day, Marla Smith went to her daughter’s home after getting a phone call from Karen’s boss saying she hadn’t shown up for work.
Smith got a sick feeling in her gut when she saw her daughter’s car in the driveway covered. Her worst fears were confirmed when she found Karen’s lifeless body, head covered in garbage bags, under a quilt in the bedroom.
Coopper was arrested by police in the bathroom, where he had tried to kill himself.
In a suicide note, he wrote: “I pray you are together in heaven,” and, “May I burn in hell for what I did.”
Smith said she does not harbour any anger against Coopper, a “damaged individual” she believes is sincerely remorseful for his actions.
“I don’t want to live my life with hatred in my heart,” she said.
Instead, Smith has devoted her energies into a project named after her grandson, a “little blond dynamo.”
Project Ayden aims to raise funds to create a 24/7 no-referral crisis nursery that can take care of children for a couple of hours if the caregiver has an emergency, whether it’s a lastminute dental appointment, a court date or just the need for a break.
“If this would have been available for my daughter, maybe she would have made different choices,” said Smith, who is waiting for the organization’s charitable status to be approved.
While the court case is now over, Smith said she will always be haunted by her loss.
“There’s no closure for me,” she said. “What happened now gets woven into the tapestry of our lives. It’s never going to go away.”
Gurjeet Kaur Ghuman ( centre), 41, was shot in the face by her estranged husband before he shot himself in 2006. Police and community-based victim services working in close partnership can offer support for victims of domestic violence, says Langley RCMP Insp. Richard Konarski.
BY RICHARD KONARSKI Insp. Richard Konarski is the Operations Support Officer attached to the Langley RCMP detachment.
Only action will help the victims of domestic violence
With the release of the Coroners Death Review Panel on domestic violence, I would like to add a number of thoughts on the successful intervention strategies that were experienced in the Langley Domestic Violence Pilot. While there was a substantial increase in convictions and a reduction in the stay of proceedings ( charges essentially dropped), the most compelling finding was the drop in recanting or uncooperative victims from an estimated rate of 30 per cent to six per cent. This is the key finding and the most important matter for the criminal justice system to focus on.
When a victim of domestic violence enters into the vortex of the criminal justice system, it is confusing and mired in the bureaucracy surrounding rules of procedure and evidence. Sadly, the victim will all too often become an inconvenience to the prosecution. In essence, the system claims it’s all about us.
Through the Langley pilot, a paradigm shift took place. Instead of pointing fingers and complaining that the victim was uncooperative, demanding, unreasonable, irrational and so on, we simply flipped our collective perspective and asked how we might meet the victims’ needs.
And on a related and critical note, every police investigator is meant to ask a simple question at each decision point in the investigation: Is the victim safe?
Our pilot clearly demonstrated that when the police work in close partnership with both police-based and communitybased victim services, Crown counsel, community corrections and the Ministry of Children and Family Development, and all these service providers are singing from the same song sheet, so to speak, victims are surrounded by a supportive and integrated systemic response. This results in increased satisfaction with the service delivery and, ultimately, reduces the number of recanting victims.
There were some key factors that led to the reduction in the number of recanting victims. So what are they and can they be replicated?
First, there should be a priority on conducting thorough evidence-based police investigations, focused on the victim’s safety and needs. Merely getting a statement from the victim is not good enough. The police need to demonstrate excellence in their investigational skills. Without this important first step, the criminal justice system intervention will fail.
Second, there must be strong and consistent victim advocacy and support. Is it a surprise that the most vulnerable and most seriously abused victims are also those who are most isolated and marginalized? If we understand that to be the case, adequate support and funding is needed for victim services support agencies.
A third critical component is the role of the Crown prosecutor. It is extremely important for Crown prosecutors to be engaged with these victims. The court system is a quagmire of legalese and the victim needs someone within the system to assist in that navigation. This is not to say that Crown counsel should take over the role of victim services, rather, the prosecutor needs to take on a more collaborative and inclusive role in triaging the needs of the victim. Part of this interaction requires the prosecutor to solicit the victim’s input on bail and sentencing. These acts of violence are very personal and unless the system is willing to listen to the victim, they will consistently turn away.
Finally, domestic violence cases need to be fast-tracked through the system. Victims’ lives are on hold during court proceedings. The longer it takes, the higher the probability the victim will derail the process by recanting or not cooperating in some other fashion.
Is this going to be easy? No. Will it mean that the criminal justice system needs to reconsider how it does business? For sure. Will it cost more money? Probably. Do we need strong and committed leadership across government and the system to make this happen? Absolutely.
But what is the cost of trundling along in our piecemeal fractured uncoordinated way? How many more tragedies do we want to see? How many more inquests do we need?
The Sun’s recent editorial “ Domestic violence: Stop the studies and do something” talks about the will to do something. Everyone agrees that domestic violence destroys families and impacts on future generations. Our provincial policy points out the importance of treating domestic violence as a criminal act. It is time for our words to be reinforced with action.
dbramham@vancouversun.com VANCOUVER SUN
Polygamy is harmful to society, scholar finds
Increased crime, prostitution and anti-social behaviour. Greater inequality between men and women. Less parental investment in children. And, a general driving down of the age of marriage for all women.
These are some of the harms of polygamy ( or more correctly, polygyny, since it is almost always men marrying more than once) that are outlined in a 45-page research paper by noted Canadian scholar Joseph Henrich, filed Friday in B. C. Supreme Court.
Henrich is uniquely qualified to look at polygamy’s harm. He’s a member of the departments of economics, psychology and anthropology at the University of British Columbia and holds the Canada Research Chair in Culture, Cognition and Coevolution.
But he’d never really thought about it until this year when Craig Jones approached him. Jones is the lead lawyer in the B. C. government’s constitutional reference case, which will be heard in November by B. C. Supreme Court Chief Justice Robert Bauman.
Now, Henrich’s conclusions form part of the intellectual and evidentiary underpinning for the province’s argument that even if outlawing polygamy breaches the constitutional guarantees of religious freedom and freedom of expression, it’s justified.
In addition to Henrich’s paper, the government has filed or will be filing affidavits from other specialists in the history of Western polygamy, Islamic law, psychology and medicine.
Fifteen former fundamentalist Mormons have provided video testimony about their experiences growing up in polygamous communities in Canada and the United States.
Among them is Truman Oler. He is the 28-year-old brother of James Oler, the Fundamentalist Church of Jesus Christ of Latter Day Saints bishop in Bountiful, and the nephew of Winston Blackmore, the former bishop who now heads a breakaway sect.
But for James Oler and Blackmore, there would be no court case. Both men were charged with polygamy in 2009. But after those charges were stayed, Attorney-General Mike de Jong asked the B. C. Supreme Court to rule on the law’s constitutionality.
To illustrate the harm, Henrich provides the court with an example of polygyny’s cruel arithmetic.
In a hypothetical society of 20 men and 20 women, 12 men with the highest status marry 12 women. ( It’s always only the highest-ranking men in polygynous societies that get multiple wives.)
Then, the top five take a second wife and the top two men take a third. Finally, the top guy takes a fourth.
The result is that 58 per cent of the marriages are monogamous.
But — and this is the big deal — it means 40 per cent of the men remain unmarried. Yes, 40 per cent. And Henrich’s example is conservative. Blackmore has more than 20 wives. FLDS prophet Warren Jeffs, who is in jail in Utah, has more than 80.
And the studies Henrich cites — from historical, frontier-American research to contemporary work done in countries where polygamy is legal — indicate that groups of unmarried men create havoc.
“ For males, getting married ( monogamously) is a prophylactic against engaging in crime, social disruption and other socially undesirable activities,” he writes.
In India and China, where male-biased sex selection has resulted in more men than women, researchers found “ bachelor bands that compete ferociously and engage in aggressive, violent and anti-social activities.”
China’s one-child policy resulted in the number of “ surplus” men nearly doubling … along with the crime rates. In a recent study, researchers there concluded that for every 0.01 increase in sex ratio, property and violent crimes rise by three per cent.
In India, the state of Kerala’s murder rate is half that of Uttar Pradesh. The reason? Kerala’s male-to-female ratio is 97: 100; Uttar Pradesh’s is 112: 100.
Another social harm that Henrich says is consistent regardless of whether researchers use data from 19th-century Mormon communities or contemporary African societies is that children from polygynous families have considerably lower survival rates. It seems polygynous men, rather than investing in their offspring, use their money to add wives.
“ Monogamy seems to direct male motivations in ways that create lower crime rates, greater wealth ( GDP) per capita and better outcomes for children,” Henrich concludes.
But what’s more surprising than his conclusions is his speculation that monogamy is at the root of democracy and equality.
He argues that as the idea of monogamy spread through Europe during the 15th century, king and peasant alike had the same rules and the idea of equality gained a foothold — at least among men.
With reduced competition for women, men began loosening their tight control over wives and daughters.
And with fewer unmarried men, the pool of soldiers that had previously been harnessed by warring rulers was reduced.
Even though this compelling argument goes far beyond the scope of the trial, it may make it even harder for polygamy’s advocates to convince the judge that its practice is benign.
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