A letter to hold Child Protective Services accountable

I wrote a letter for a dear friend last night as she is being investigated by CPS and under time constraints and a lot of stress and pressure.  I feel uncomfortable sharing a sanitized copy of the letter publicly as people could really hurt themselves if they don't know what they are doing or how the letter works.  However I do feel moved to explain the spirit and intent of the letter so that we can all learn how to hold these predatory kidnappers accountable for their actions and learn what the boundaries are for their behaviours.

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Introduction

In this section of the letter I give a brief overview of current events and make it clear that a declaration of peace is made.  It is also important to set the boundaries by ensuring that there will be no tolerance for violence, coercion or force.  These pirates love using scare tactics to intimidate and coerce their victims.  By setting boundaries the bullies are put on notice that these violent behaviours are not tolerated.  

Courts usually get involved when ever there is a controversy.  We create controversy when we argue or disagree.  However, scripture tells us to agree with our adversary quickly to avoid court or jail.  So within the letter, we agree with them ... with conditions.  Conditional Acceptance removes any controversy and at the same time places the burden where it belongs ... back on them!  Now the trick is to list the burden of proof that they must meet, and it is considerable!

Proof of claims

The burden rests with the party making the claims and in this case it is CPS.  At this point in the letter, listing off each proof of claim, point by point, starts to clarify  just how much work CPS agents have to do and also makes it very clear that they are under a very fine microscope.

They must prove that the spiritual being that they are attacking is even a subject of Her Majesty and within their jurisdiction.  This is a problem for them because they cannot prove this point as they need the individual to testify to hook themselves in.  That is why government agents ask for ID, name and birth date.  It is a confirmation that they have the 'person' (physical body connected to their fiction).  Remember in past posts where I wrote that a person is the body MINUS the mind, heart and spirit!  With that said, they then must provide proof that the flesh and blood spiritual being is under their jurisdiction.  They cannot do that.  Failed proof of claim means they are already done.  But we have more.

They must also prove that the son or daughter is a 'child'.  It is very important that we don't use the word 'child', 'children' or even 'kid(s)' to describe our off spring as these words are defined by the state.  If we start using these words then they can make assumptions.  So use words like off spring, son or daughter instead.  Now they must make a connection to join the flesh and blood spiritual being to their fictional construct.  Birth Certificates are a nice way of doing this.  So make sure these documents are hidden really well or sent back to the issuing department as it does not really belong to you anyway.  This helps avoid the state making the connection which creates the corporation sole that they need.  With out that document, they now have to prove the age of the off spring.  That cannot be done without our testimony.  Because they have police powers, anything we say can and WILL be used against us.  So remaining silent is a powerful tool and really pisses them off as they need us to testify against ourselves.  

Supreme Court Justice Beverley McLachlin said in a recent Supreme Court Ruling that taking kids away from indigenous families is cultural genocide.  I would suggest that taking ANY off spring from his or her family is genocide.  We each have our own unique culture, traditions, customs and language.  By asking them to prove that they are allowed to engage in cultural genocide puts them in a no win scenario as the answer to that question is obviously no!  

The Criminal Code of Canada has stipulations in it that nobody is allowed to engage in intimidation, threats or coercion.  So asking them if they are allowed to engage in that kind of behaviour not withstanding the Criminal Code of Canada puts them in a tough situation as they are obviously NOT allowed to do that.  But people with investigative (police) and judicial (court) powers love pulling that shit and it must stop!  

CPS also loves to assume that people are guilty but the courts have consistently rules that people are innocent until proven guilty.  Because they are the antagonist in the case, they are under the burden to meet or exceed the standards set by the courts due to their monopoly on force.  If they don't follow those protocols, they have violated the office and are liable, either civilly or criminally, depending on what they did.

The pirates also love to play word games and make sweeping declarations that 'children' are vulnerable so they have a duty to protect the vulnerable.  They also have a duty to prove their claim that the offspring they are investigating is indeed in a vulnerable situation.  That burden is on them, not the parents.  If they start for the parents to give them authorization to access medical records, etc, that means that they currently DON'T HAVE THE AUTHORITY TO DO SO.  Again, they will threaten and intimidate parents to sign over that authority.  WE MUST NEVER FEEL COMPELLED TO SIGN ANYTHING.  That is no longer a valid contract if it was done under coercion and threat of violence.  

In most provinces, CPS is actually a private corporation granted authority by the provincial act.  As such, it is critical that the agents provide proof of identity for themselves and that corporation.  If they use names that are different than what is on these documents, then they are engaged in fraud.  They should also have an oath and bond on record and that can be called upon as well.

The problem they face is that these corporations function on cash flow and there is often performance bonuses paid to employees.  Profits, bonuses and other incentives create a bias with the employee, ESPECIALLY WHEN THEY HAVE INVESTIGATIVE OR JUDICIAL POWERS.  Suddenly their bias puts the police (executive), judicial (courts) and administrative branches of government into disrepute.  I've seen this with WCB, CRA, CPS and other agencies that have been granted broad and sweeping powers, just like the recent CBC article about CRA bonuses.  These people have the incentive to rule against you because they benefit from such a ruling.  This is bias and goes against the foundational principles of what courts are supposed to stand for.  Asking them to prove that their investigation is unbiased is a favorite question of mine to ask as it is obviously not so and yet another point they cannot prove.  There is no way that they can prove that their investigations are neutral, impartial and unmarred by prejudice.

When an agency has been granted investigative (police) powers, they must be held to the same standards as armed police officers.  That means they cannot just walk onto property without court orders, probable cause or some prior authorization.  Even if the act grants such authority, it still requires judicial oversight to ensure that they are not exceeding their authority or violating the Charter of Rights and Freedoms.  These documents are there to keep them in a tight box, so use them!  Search and seizure standards within Section 8 of the Charter must apply to them as to any other investigative body.  If we fail to use this tool to hold them accountable, then the Charter is no longer worth the paper it is written on.

Considering that they are supposed to be protecting the vulnerable, they have no right to cause fear, anxiety or trauma to an off spring.  It is a violation of the worst kind and they seem to not really care.  When in fact THEY end up being the perpetrators and jeopardizing the safety and well being of the very people they are investigating.  This violence is a violation of the Criminal Code and to make them prove that they can do this despite the Criminal Code or that it meets the standard of a 'reasonable person' is another point they will fail to prove.

Whether they have judicial power or not, it is their duty to ensure that full disclosure is provided prior to proceeding with any legal proceedings.  If they fail to provide a means for people to defend themselves, then they violate the principles laid out in Section 1 of the Charter of Rights and Freedoms.  The state must provide the people with a means to defend themselves.  Any disclosure must be full unredacted (unedited) disclosure.  The same section of the Charter also puts the burden of proof on those who are seeking the restriction.  By CPS imposing themselves on the people and taking children away, that places the burden of proof on them, NOT on the individuals.  To put the burden of proof on the individuals violates the Charter.  These pirates have the burden of proof and that is why you should not be talking to them.  They are using their investigative powers to collect evidence so that they can then meet their burden of proof.  Don't talk to the police.  Don't talk to CPS.  Don't talk to anybody who has police / investigative powers granted to them by the state.  They can only proceed on a sound evidentiary basis.  

CPS also loves receiving complaints. However, the burden is on them to validate the integrity of the complaint and the complainant or to engage in their own investigation.  Two of the three must be met and if they fail that, then they fail to gain probable cause to even investigate.  Lots of complaints are frivolous and CPS constantly fails in their duty in this regard.  They must prove that they have done their due diligence and if they fail to do that, they fail to have probable cause.

CPS often uses threats, intimidation and coercion to gain the jurisdiction, evidence or cooperation of the people that they are investigating.  This is not only immoral but also unethical and a violation of the Criminal Code of Canada.  Having them prove that they can engage in this type of behaviour not withstanding the Criminal Code is yet another favorite burden to place on them.  They will fail to prove this.

If CPS indeed has judicial authority, then they can issue orders.  However, that process has specific procedures and I would demand that they put their orders in writing.  Slow their game down and get everything in writing.  Stop talking to them face-to-face or over the phone.  They hesitate to write it down because now there is a record!  But all court warrants require an affidavit.  Somebody must swear as a witness to back up a warrant.  Warrants are not valid without that affidavit.

The biggest concern I have is that the continuity of government requires a separation of powers.  The point of that is to ensure that no one individual has all the power.  This is to ensure there is no corruption and that there is checks and balances within the mechanisms of the state.   Agencies created by the Legislative Assembly of a province or Parliament were created with administrative powers.  However, many of them now have judicial and executive (police) powers as well.  That includes but is not limited to CRA, WCB, CPS, etc.  This violates the basic principles of separation of powers and they must prove that they are honouring those principles, which they are not.  That means they must also then prove that they are not engaging in search and seizure powers without judicial over sight.  There is a reason why police need to get a warrant.  They need to prove they have done their due diligence to a judge.  Check and balance.  

Ending the Letter

Here is where setting the boundaries and expectations come into play.  By refusing all phone calls and face-to-face contact slows down their game.  But by also putting a deadline on when they can respond ensures that this does not drag out either.  It is important to make it clear that all consent, contracts or jurisdiction is revoked, whether it was acquired with knowledge or covertly.  Putting them on notice that you invoke the right to remain silent is key!

Any such contact that violates these boundaries is now a tort (injury) and liable for damages.  But more importantly, it is also a declaration of war against somebody who has declared peace and at which point they become the aggressor and violator, which violates their principle of protecting the vulnerable.  

As a peaceful, spiritual being, I also think it is important to give them an 'out'.  We can do that by suggesting that if they withdraw and put in writing that there will be no more investigation, that the matter would be closed.  Either way, we must forgive them for their trespass, so forgiving them is a wonderful way to end a letter.  

Reminder of my caution

I am not a lawyer and as such I cannot provide legal or financial advice.  I cannot also guarantee that this document is free of errors or omissions.  If you find errors, please let me know and I will do what I can to fix the error before this post gets set permanently into the blockchain.  I am sharing this as a way to help teach people about their rights and how to stand up to the pirates.  This still requires that each individual do a LOT of research, reading and work to find the courage, wisdom, knowledge and experience to stand up to the bullies and violent offenders that carry badges.  Peace is paramount and we must stand up to those who have declared war against the people.

I recommend reading the annotated Charter of Rights and Freedoms, reading the legislation that governs these agencies and even going through the Criminal Code of Canada.  These tools are there to hold them accountable.  They are not 'our' rights, but rather a stick to remind them of the strict limits upon which they are supposed to do their jobs.  It is hand cuffs for the agents of her Majesty.  

I hope this helps.  I will keep you posted as to how this unfolds for my friend who will be send out this letter on Friday.  So we should know more by mid February.