Not Guilty!

Alex, Paige and their Dad find themselves in a unique situation. Canadian authorities won't speak with them.

This is the same group of departments, agencies and courts that have been chasing after them all this time, clandestinely working together with their French proxies to trap the family into returning to Canada. There is no doubt their return would mean imprisonment, institutionalization and horrendous circumstances at the hands of Canadian authorities, long before they "got their day in court" - and make no mistake, there is no jury in the world that would convict them. There is also no doubt that the civil lawsuit filed by the family going to be expensive - very risky for authorities to say the least, both financially and in terms of public opinion.

So with three lives, tens of millions of dollars and serious public embarrassment on the line, why they refuse to address the litigation, choose to not to return phone calls, outright reject e-mails and toss petitions in the circular file is real mystery. Some speculate that they have been playing a game of "get 'em" or "gotcha" and that they would consider our return to Canada their victory, even without a conviction. After all, the satisfaction of watching us rot in our own respective cells for three years awaiting trial would be a real victory to some of this sort.

Clayton Misener has been demanding full, frank and fair disclosure for well over a year now, which is his right as expressed by the Charter of Rights and Freedoms. Specific records demands to the police, child protective authorities, the courts and a multiplicity of departments and ministries of government have gone unanswered. Phone calls, electronic mail, voice messages - all ignored. Canadian authorities have systematically violated the family's civil rights, charter rights, privacy rights, human rights and, by way of their French proxies, their rights to protection against torture, etc. We agree with Clayton, "Justice delayed is justice denied." The family has all but given up on the systems and processes of Canada, so Friends of Alex and Paige will, over the coming months, publish legal arguments on their behalf, right to this website. It will publish court documents, investigator reports, medical reports and just about everything it was saving for trial. It will them turn to Friends to help drive home a message to the people responsible for these violations, and it may be a tough lesson for them to learn.

The following text was taken from a legal analysis of secret communiques between Canadian and French authorities.

"Abduction in contravention of custody order 282(1)CC
and Disobey court order 127(1) CC for fleeing Canada"

Abduction in contravention of custody or parenting order 282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction.

Defence 285 No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

First, there was never a parenting order made by a court. Second, Clayton Misener was never lawfully stripped of custody. In fact, the French courts (the court of jurisdiction) gave custody to Clayton Misener. The biological mother appealed this (in France) and lost. There is some information that suggests the biological mother returned to Ontario and continued in the courts there; however, they no longer had jurisdiction in the matter as it was ceded to France. Third to this, and probably the most important, is the defence afforded under s. 285. If anything has been clearly demonstrated, it is that the girls were sexually abused and in grave and immediate danger from the same happening again. This is not only proven by documents forwarded by the family, it was reiterated by psychologists, psychiatrists and judges. Furthermore, the family made every attempt to get help from police forces, social workers and child protection authorities and the courts. The breakdown of the system put those girls in terrible danger. Their loving father was acting to protect them, whatever he may or may not have done. Osti and others knew, or ought to have known this. The charge should never have been laid. Not only is Clayton Misener not guilty of this offence, there are obviously no grounds for the charge and no jury in the world would convict.

Disobeying order of court 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.

First, it is very clear that Super Dad had and continues to have a lawful excuse for refusing to comply with the barbaric and unlawful court orders, if indeed this is what he did. For the same reasons he is clearly not guilty of the abduction allegation, he acted out of a necessity created by the negligence and punitive measures of the police, child protection authorities and courts. He made every possible effort to resolve the situation within the confines of "the system" but was failed. It has been clearly demonstrated that Alex and Paige were in great danger, and it was necessary for action to take place, even if that meant that orders were disobeyed. Had he not acted, he would have been negligent in his duty of care and party to the abuse. Second, the orders made against the family were not lawful. Each and every one of the judges who heard this matter in Canada systematically violated the rights afforded Alexandra and Paige by the Canadian Charter of Rights and Freedoms.

Judges routinely ordered the girls to attend a place they did not want to attend (the home of biological mother and her pedophile husband). They knew, or ought to have known, and even spoke to the abuse that had taken place in that home. They enacted no measures to protect the girls, except those (orders for Jason Whittington to stay away) that they knew had been violated time and time again, therefore invalid, and would likely continue to be violated. They refused to allow the girls to speak to their experience, preference and interests of self-preservation, to give evidence. They denied them right to counsel and, instead, selected their own agent, who was not a lawyer, to coerce and threaten the girls into revealing information that, obviously, was then used against them. The girls were never charged with an offence, yet they were by order detained and imprisoned arbitrarily, against their will and without any iota of consent from their Father. Their security was taken from them. Their right to justice was taken from them. The validity of their arbitrary detention was never tested. In using the police to enforce their arbitrary detention, imprisonment and cruel treatment, the girls were forcibly stripped of their security, liberty and, in all likelihood, their right to life. In no way could this be interpreted as anything less than cruel and unusual treatment or punishment. What kind of judicial monster would use the force of police to imprison two little girls in the same place, and with the same people, that had confined them, sexually abused them, threatened them, stripped them of all rights and dignities, and then tried to lie and cover up their crimes. Apparently, the Canadian judicial monster.

Canadian Charter of Rights and Freedoms
(pertinent sections)

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

10. Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. Exclusion of evidence bringing administration of justice into disrepute. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Section 11 of the Charter of Rights and Freedoms.

11.  Any person charged with an offence has the right (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again.

THIS IS VERY SIGNIFICANT

It means that nobody can be punished for the same offence twice. It is part of the Charter of Rights and Freedoms. "It is against the very first principles of the criminal law that a man should be placed twice in jeopardy upon the same facts: the offences are practically the same, though not their legal operation." - Observations of Hawkins in R. V. King [8].

Friends of Alex and Paige are in possession of documents recently leaked from the Superior Court of Justice in Ontario.

They inform as follows:

- Feb. 19, 2021. Wendy MacPherson (a judge) stipulates a bunch of orders.
- Aug. 12, 2021 - Michael Gibson (a judge) stipulates a bunch of orders in an e-mail.
- Aug. 20, 2021. Family left Ontario, according to Niagara Regional Police Service.
- Aug. 27, 2021 - Wendy MacPherson (a judge) grants permission for Misener to be served with notice that he has been charged with contempt for disobeying Michael Gibson's order(s).
- Sept. 9, 2021 - Wendy MacPherson (a judge) "adjourns" the trial for the charges.
- Sept. 10, 2021. Family arrived in Saint Pierre and Miquelon, according to the Gendarme National (French border and immigration police).
- Oct. 7, 2021 - Linda Walters (a judge) finds that Misener disobeyed the orders of Michael Gibson on Aug. 12, 2021, and that Misener abducted the children by removing them from Ontario contrary to the orders of Wendy MacPherson on Feb. 19, 2021. Leaves a sentencing date to the trial coordinator.
- Jan. 26, 2022 - James Ramsay (a judge) reiterates that Linda Walters convicted Misener of those two charges and punishes him to pay $1,500.-
- Aug. 2, 2022 - Caroline Brown (a judge) orders further punishment for those two offences by demanding the family have their passports seized on return to Canada, presumptively.

Whether Misener was given proper notice, attended the hearings, had legal representation or was even notified of the results is not relevant here. It took place. The judges decided. Despite lack of disclosure and other serious violations of his Charter Rights, the bottom line here is that Misener was charged, arraigned, tried, convicted and punished for violating a court order and for taking the girls outside of Ontario (abduction). This cannot be "taken back" or withdrawn by the court or the crown. It's done. So that invalidates all other charges laid for that offence. End of issue.

Misener cannot be tried twice for the same offence, per the Charter. Furthermore, now that Alex and Paige are fourteen, further abduction charges cannot be laid. Furthermore, because Misener is no longer in Canada, he is not obligated to obey the court rulings of Canada any more than those of Nigeria, Russia or China (not to diminish the esteem of those countries by making reference to them in the same sentence as Canada). Even if Misener elected to appeal the verdict, win, lose or draw, he has still been charged, tried, convicted and sentenced for the acts. Furthermore, Misener cannot be convicted of disobeying a court order to pay that $1,500 punishment because that crime excludes orders for the payment of money. We are not able to publish these documents at this time as they are presently being reviewed by the French Supreme Court.