Found Safe Canada - O’Driscoll-Zak sisters, 2 & 5, abduction by aunt & grandmother, Cochrane, 12 Mar 2021

[otto]

I think it’s Pritchett who has represented the father throughout but how the names are listed depends on who’s the Respondent and who’s the Applicant during the various hearings.

The mother is the Applicant in the April appeal.


View attachment 292549

Regarding the latest decision:

T.J. Klem
for the Applicant : Jacqueline Louise O’Driscoll Zak

P.L. Pritchett
for the Respondent : Colin Matthew Zak​

 

[Seattle1]

I think it’s Pritchett who has represented the father throughout but how the names are listed depends on who’s the Respondent and who’s the Applicant during the various hearings.

The mother is the Applicant in the April appeal.


View attachment 292549

Thank you @MistyWaters -- I had Ms. Miller in my head and reading Pritchett on the document! I'll edit.

[55] I find Ms. Miller’s comments to be a concerning challenge of my judicial ethics. Despite having confirmed for herself that the communications were not with me, but rather with my judicial assistant, and that they were nothing more than an invitation to join the case management meeting, counsel still persisted in raising this issue in oral argument to support an allegation of bias or a reasonable apprehension of bias.

bbm

 

[MistyWaters]

Thank you @MistyWaters -- I had Ms. Miller in my head and reading Pritchett on the document! I'll edit.

bbm

Not a big deal, I had the names confused at one point too. The latest is about #4 associated with the mother since Dec/20, hard to keep track of who becomes who.

 

[Seattle1]

I feel for the mother, as it seems that she lacked competent legal advice during the past year. My impression, and it's just an opinion, is that she was sucked into drama-queen emotional dysfunction that some lawyer enjoys. For all we know, the lawyer has some history in a psychiatric ward - perhaps the mother should ask each of her lawyers for an honest answer to that question, and choose wisely regarding legal counsel going forward.

I'm afraid there's been some strong matriarchal influence imposed on JOZ -- especially when her education and training might be far removed from the law, and one or more siblings meet the bill. She's probably not the first that trusted the wrong individuals.

And I can't believe JOZ's family members supervised CMZ's visitation!

MOO

ETA: I'm sure this was all designed to get an "adverse reaction" from CMZ -- seems he didn't crack.

 

[MistyWaters]

Tanya J. Kelm

This makes sense, it appears one of Diann’s associates represented JOZ during the Appeal.

 

[everybodhi]

The prosecutor will make the decision regarding what charges will be filed, and when they are filed. Given the sensitive nature of child abduction by family members, it's perhaps best that nothing is done to aggravate the situation.

The RCMP Major Crimes unit is looking for the children across Canada. The absence of arrest warrants at this time does not mean that the courts will decide whether charges will be filed. It doesn't work like that in Canada.

I meant a judge or jury ultimately decides guilt based on testimony and evidence. I think it’s unusual for police to wait to hear the abductors excuse for taking custody of two minors and hiding them from their parents before issuing a warrant. Even in Canada.
Even non custodial parents who abduct their children don’t get that kind of consideration.
Without a warrant, there’s a perceived lack of urgency.
(Edited typo)

 

[otto]

I'm afraid there's been some strong matriarchal influence imposed on JOZ -- especially when her education and training might be far removed from the law, and one or more siblings meet the bill. She's probably not the first that trusted the wrong individuals.

And I can't believe JOZ's family members supervised CMZ's visitation!

MOO

ETA: I'm sure this was all designed to get an "adverse reaction" from CMZ -- seems he didn't crack.

Gotta give the father credit for agreeing to have her family supervise his visits with his children. He must have known that they would interpret everything negatively. If he was wise, he would have recorded the visits to ensure that there was a balanced perspective.

 

[everybodhi]

I suspect that it was obvious to everyone here that this (bold below) was nothing more than lawyers stuffing their pockets while telling the mother whatever she wanted to hear. The mother had another day in court, and nothing has changed.

Similarly, the eleventh-hour sexual abuse allegation against the father, reported only to RCMP, was nothing more than a familiar, decades old, custody-dispute mudslinging tactic.

"Castle said the case is one of the most unique she’s seen in her 32-year career, noting “everything on this file stinks.” The girls’ mother is requesting a stay of the March 12 custody decision and recusal of the judge who rendered the judgment, stating “due process has not been followed.”
​

04/02/2021
'Our hearts are beyond broken': RCMP have yet to locate two Cochrane sisters three weeks after disappearance

Wow, her lawyers are suggesting all four may have been abducted by someone else who may kill them all??

“It’s assumed the grandmother and the aunt have abducted the children,” Kelm said Thursday. “There has been no exploration of the alternatives.”

She said there are concerns about the safety of the children and of their grandmother and aunt.

“(It appears) the RCMP has a reason to believe they’re safe — and I hope they do, because if they don’t and their bodies show up somewhere else I would be very upset,” said Castle.

 

[otto]

I meant a judge of jury ultimately decides guilt based on testimony and evidence. I think it’s unusual for police to wait to hear the abductors excuse for taking custody of two minors and hiding them from their parents before issuing a warrant. Even in Canada.
Even non custodial parents who abduct their children don’t get that kind of consideration.
Without a warrant, there’s a perceived lack of urgency.

If the abductors are apprehended, charged and prosecuted, and there is no plea agreement, the abductors can elect trial by Judge, or Judge and jury. However, that's far in the future. First they have to be apprehended.

No warrant is required to search for the abductors. When they are found, RCMP will contact the prosecutor, who then decides what charges to lay. Everything is as it should be in Canada regarding this grandmother/aunt kidnapping duo.

 

[otto]

Wow, her lawyers are suggesting all four may have been abducted by someone else who may kill them all??

Of course the mother's lawyer is tossing out the idea that RCMP are doing the wrong thing, that they should be looking for bodies. The lawyer will be "upset" if bodies show up "somewhere else." The lawyer forgot to mention that the mother will be upset too.

Any thoughts on what "somewhere else" means?

 

[everybodhi]

Of course the mother's lawyer is tossing out the idea that RCMP are doing the wrong thing, that they should be looking for bodies. The lawyer will be "upset" if bodies show up "somewhere else." The lawyer forgot to mention that the mother will be upset too.

Any thoughts on what "somewhere else" means?

No, but the mother’s lawyers appear to be a big part of the problem. JMO
Are they defending the alleged abductors too?

 

[otto]

This is a question that has very likely been on everyone's mind since lawyer Diann Castle recently announced another appeal. Was the plan to have the custody decision overturned, get rid of the Judge, and then produce the children?

"Mr Zak stresses the children’s whereabouts continue to be unknown; thus, “the application for a stay, while the children’s whereabout are unknown, raises the question of whether Ms. O’Driscoll is seeking a stay prior to the children being returned from the ‘abduction’”.
​

https://www.canlii.org/en/ab/abca/doc/2021/2021abca131/2021abca131.html?resultIndex=1

 

[otto]

No, but the mother’s lawyers appear to be a big part of the problem. JMO
Are they defending the alleged abductors too?

It is my opinion that the lawyers have not provided competent legal advice to the mother. I don't think she got into this mess without someone advising her regarding violating court orders.

The eleventh-hour sex abuse allegation is simply bizarre. If the idea came out of the mother's head, she would have tossed it into the arena 18 months ago. Furthermore, if she believed that the child(ren) were sexually abused, she would have taken the children to a doctor. Instead, she took the complaint to the RCMP.

Diann Castle is a divorce lawyer, the aunt and grandmother need a criminal defence lawyer.

 

[Tealgrove]

This is insanity. MOO

 

[Cordelia Gray]

Gotta give the father credit for agreeing to have her family supervise his visits with his children. He must have known that they would interpret everything negatively. If he was wise, he would have recorded the visits to ensure that there was a balanced perspective.

He did record some of the visits but was not permitted as you can not record visits without consent.

 

[Cordelia Gray]

It is my opinion that the lawyers have not provided competent legal advice to the mother. I don't think she got into this mess without someone advising her regarding violating court orders.

The eleventh-hour sex abuse allegation is simply bizarre. If the idea came out of the mother's head, she would have tossed it into the arena 18 months ago. Furthermore, if she believed that the child(ren) were sexually abused, she would have taken the children to a doctor. Instead, she took the complaint to the RCMP.

Diann Castle is a divorce lawyer, the aunt and grandmother need a criminal defence lawyer.

I believe this is the third sexual abuse allegation.

 

[otto]

He did record some of the visits but was not permitted as you can not record visits without consent.

Still, as one party to a two party conversation, he has the legal right to record the conversation.

"Former attorney general Jody Wilson-Raybould ignited a firestorm in the already-heated SNC-Lavalin scandal on Friday by revealing that she secretly recorded a phone call with Privy Council Clerk Michael Wernick.
...

Law societies like the Law Society of Ontario, of which Wilson-Raybould is an honourary member, prohibit lawyers from recording calls with clients without clients’ express permission.
...

Section 184 of the Criminal Code states that recording private conversations is legal as long as one of the parties involved in the call consents to the recording.

It’s called the “one party consent” exception.

That means the second person involved in the call does not have to be informed that the call is being recorded. If several people are involved in a phone call, it’s still legal for one of them to record it without informing the others.

Recordings made with the consent of one party may be used as evidence in lawsuits."
​

Is it legal to secretly record phone calls like Jody Wilson-Raybould did? What you need to know

 

[otto]

I believe this is the third sexual abuse allegation.

If the first sexual abuse allegation was investigated at the Alberta Children's Hospital, and the father was put under supervised visitation during the investigation, and the investigation produced no evidence, then it's done.

A second allegation of sexual abuse would certainly be investigated to ensure that nothing was missed the first time.

If a third allegation of sexual abuse is alleged, one has to look at Munchausen Syndrome as a factor. Why would any mother want her children to be victims of sexual assault when all evidence indicates that it did not happen?

Timeline for sexual abuse allegations against the father seems to be between Feb 2021, complaint to RCMP, and March 2021, no evidence. Is there more to this?

 

[otto]

Let's suppose that there are three separate complaints of sexual abuse of the children. First step is to take the children to the family doctor. The family doctor has a duty to report the allegation to medical authorities, and the Alberta Children's Hospital in Calgary (12 miles from Cochrane) has an obligation to investigate.

The investigation is thorough, over a period of several months, involving medical doctors, nurses, social workers, psychologists, simulated play with anatomically correct dolls, team meetings and a report for the courts.

Let's suppose the first allegation resulted in an investigation where the finding was that no sexual abuse occurred. These are professionals with decades of experience. This decision was not made by a biased Judge. The Judge will rely on the report to inform decisions.

Another second allegation of sexual abuse would have triggered everyone involved with the first investigation to question whether they had missed something. If the team report again concluded that no abuse occurred, it is probably reliable. The Judge will assume so.

A third allegation of sexual abuse must be put in doubt by the family doctor, the family, the investigative team, the lawyers, and all professionals. I don't think that the grandmother and aunt can claim that they are rescuing the children from the father when the mother clearly has a "false allegation" agenda that will undoubtedly damage the children for life.

 

[Seattle1]

If the first sexual abuse allegation was investigated at the Alberta Children's Hospital, and the father was put under supervised visitation during the investigation, and the investigation produced no evidence, then it's done.

A second allegation of sexual abuse would certainly be investigated to ensure that nothing was missed the first time.

If a third allegation of sexual abuse is alleged, one has to look at Munchausen Syndrome as a factor. Why would any mother want her children to be victims of sexual assault when all evidence indicates that it did not happen?

Timeline for sexual abuse allegations against the father seems to be between Feb 2021, complaint to RCMP, and March 2021, no evidence. Is there more to this?

I'm not sure how COVID has affected the daycare situation for the children even if JOZ is working from home.

That said, I think we have to leave room for the alleged abuse to have been communicated to a caregiver other than the mother.

Since the abuse allegations have not been deemed credible, this leaves room for accomplices in promoting the abuse allegations. I believe it's possible that grandmother was also a daycare provider for the missing children.