Canadian hostage, wife & children freed from Afghanistan, husband arrested for abuse, Oct 2017 #3

[Stunned]

Remember the stories about what backwoods men did with their sheep? I would not be surprised if Boyle was also raped, but I doubt he would ever admit to it.

It is a fact that men and women are victims of rape.

He does not strike me as a man who would keep his indignities quiet.

 

[nuff]

So the Judge did not believe either one of them
He found the list of Rules as circumstantial evidence?????? really????
He didn't think JB was credible and didn't think CC was reliable
Judge believed JB was controlling and JB admitted to hitting CC, reason being was because she asked for it. Did that not mean anything considering the Judge did not believe him.

Stunned

I think the Judge was very angry that she gave the mid-trial media interviews, and it biased his decision. He likely should have recused himself.

 

[Intermezzo]

I think the Judge was very angry that she gave the mid-trial media interviews, and it biased his decision. He likely should have recused himself.

BBM
Would not have happened IMO.
Though his son was not the one representing the accused Judge Doody didn't recuse himself from a case that he was the presiding Judge and his son's law firm was defending the accused.
Small world...Ian Carter, CC's lawyer, is one of the partners in the same law firm as Judge Doody's son.


Judge will not recuse himself in firearms case, satisfied there is no bias
Judge will not recuse himself in firearms case, satisfied there is no bias

An Ottawa judge will not recuse himself from a trial in which his son’s law firm is defending the accused, saying he’s satisfied he has no bias in the case.

 

[otto]

I think the Judge was very angry that she gave the mid-trial media interviews, and it biased his decision. He likely should have recused himself.

Coleman was told to not discuss the case during the trial, and didn't she claim that her lawyer advised her that she could discuss the case with the media? No one believed that lawyers contradicted the Judge regarding discussing the case with the media.

She announced herself as a liar with no respect for the law when she made that claim and spoke to media, and of course the Judge will take her dishonesty and disrespect into consideration when weighing her testimony.

"Greenspon said Coleman's interviews during a pause in the trial showed clear disregard for an order given by Judge Peter Doody on April 3 that she was not to discuss any of the evidence she was giving with any witness or potential witness."​

Boyle's lawyer says alleged victim lied to the court about legal advice

 

[MyBelle]

I think the Judge was very angry that she gave the mid-trial media interviews, and it biased his decision. He likely should have recused himself.

Of course the Judge was angry! imo, if either side doesn't respect court orders, a judge is going to react. No way was he going to recuse himself. Perhaps @gitana1 or another legal expert could enlighten us about procedure.

JMO

 

[JDG]

BBM
Would not have happened IMO.
Though his son was not the one representing the accused Judge Doody didn't recuse himself from a case that he was the presiding Judge and his son's law firm was defending the accused.
Small world...Ian Carter, CC's lawyer, is one of the partners in the same law firm as Judge Doody's son.


Judge will not recuse himself in firearms case, satisfied there is no bias
Judge will not recuse himself in firearms case, satisfied there is no bias

An Ottawa judge will not recuse himself from a trial in which his son’s law firm is defending the accused, saying he’s satisfied he has no bias in the case.

Just a slight conflict of interest, eh?

 

[otto]

BBM
Would not have happened IMO.
Though his son was not the one representing the accused Judge Doody didn't recuse himself from a case that he was the presiding Judge and his son's law firm was defending the accused.
Small world...Ian Carter, CC's lawyer, is one of the partners in the same law firm as Judge Doody's son.

Judge will not recuse himself in firearms case, satisfied there is no bias
Judge will not recuse himself in firearms case, satisfied there is no bias

An Ottawa judge will not recuse himself from a trial in which his son’s law firm is defending the accused, saying he’s satisfied he has no bias in the case.

The reason he did not recuse himself, per the article, is because neither party requested that he recuse himself.

The media was making a fuss about something that neither the prosecution nor the defence viewed as a problem. I don't think we need to view it as a problem either.

"Doody, speaking from the bench Wednesday morning, said that when he was first appointed a provincial judge he considered whether he would hear cases involving his son’s firm. He satisfied himself then that if his son did no work on the file, “then I ought not to recuse myself.”

Doody said he believed a reasonable person, when in possession of those facts, wouldn’t conclude there was any bias.

Doody said he would have revisited the issue had either the defence or prosecution taken a position on whether there was a reasonable apprehension of bias.

“That has not happened,” Doody said. “The trial will continue.”​

Judge will not recuse himself in firearms case, satisfied there is no bias

 

[otto]

Just a slight conflict of interest, eh?

Not at all. If the defence or the prosecution viewed it as a problem, they would have requested that he recuse himself. That did not happen.

 

[human]

I am going on record to say that he will not seek custody. He may not even seek visitation.

 

[otto]

I am going on record to say that he will not seek custody. He may not even seek visitation.

If that's the choice he makes, I don't think anyone can blame him. He's already been through quite the ordeal due to custody.

Boyle's lawyer asked Coleman why she took the children's passports when she allegedly fled the family home in fear. That's an odd thing to be thinking about. On the one hand, she fears for her life, and on the other hand, she's packing what she needs to take the children out of the country.

 

[Medstudies]

I am going on record to say that he will not seek custody. He may not even seek visitation.

I agree. I don’t see where has he ever been self sufficient. ( Or been responsible for another, or adulted by himself. )

He is on record saying he never loved or cared about CC, she just happened to be the only female that would put out and put up with. I give her credit. She loved him. But he chose to settle.

I guess he had less zero options when it came to willing partners...

I mean, he’s a guy who wanted to be a spy and had general delusions of grandeur. Kinda hard to achieve those goals when spending your days on a twin size mattress while on role playing message boards.

And besides: This guy has zero charisma.

Spoiler

he is zero

 

[Intermezzo]

I am going on record to say that he will not seek custody. He may not even seek visitation.

I will go on the record and say that he will seek some sort of custody. I am basing that on what he submitted to Family Court to fight her temporary custody issue in 2018.

Will he go to the US is another issue (based on his previous opinion that he believed US officials would arrest him), or will he seek to have the children come to Canada?
The children are Canadian and US citizens, how does that affect them in an international custody case?

Also, now that the children are in the US, I wonder how the following law comes into play since the initial case was before the Ontario Courts.

"Today, all states have adapted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA.
The UCCJEA was written to resolve child custody issues in the correct state. It gives child custody jurisdiction to the home state of the child."

 

[Intermezzo]

Editorial: Why Joshua Boyle is a free man DEC 20, 2019

Editorial: Why Joshua Boyle is a free man
The defendant did not need to prove his reliability or his innocence; the Crown needed to prove his guilt.

“The Crown has not proven this charge beyond a reasonable doubt.” That phrase appears numerous times in Justice Peter Doody’s 84-page ruling acquitting Joshua Boyle of 19 criminal charges. While the decision may appear shocking given the lurid – and very public – accusations against Boyle, it is clear no other result was possible.

Doody found neither Boyle nor Coleman reliable witnesses. “There is good reason,” he wrote of Boyle, “to be concerned about his credibility.” Of Coleman, he said, “memory lapses, uncertainties and admitted possibility of confusion with other events or inserted of invented memories cause me concern.”

 

[Intermezzo]

Came across this statement from JB's lawyer, Lawrence Greenspan to CNN, regarding gaining access and then custody of the children

Joshua Boyle verdict: Charges dropped against freed Taliban hostage - CNN DEC 20, 2019

Greenspon said Doody spent three and a half hours reading his decision to the court.
"He went through all the evidence of both Joshua and Caitlan, and reached a decision with which Joshua and his family, and we are very pleased," Greenspon said. "For them, this is really the first step to obtaining their main priority, which is access and eventually hopefully custody of the four children."

Joshua Boyle’s lawyer says ‘very pleased’ with dismissal of charges | Watch News Videos Online

At the 50 second mark

Video of Greenspan outside the Ottawa Courthouse with reports where he states JB's priority has always been getting access and hopefully, someday custody of his children

------------------

 

[otto]

Came across this statement from JB's lawyer, Lawrence Greenspan to CNN, regarding gaining access and then custody of the children

Joshua Boyle verdict: Charges dropped against freed Taliban hostage - CNN DEC 20, 2019

Greenspon said Doody spent three and a half hours reading his decision to the court.
"He went through all the evidence of both Joshua and Caitlan, and reached a decision with which Joshua and his family, and we are very pleased," Greenspon said. "For them, this is really the first step to obtaining their main priority, which is access and eventually hopefully custody of the four children."

The custody case was opened in Canada, so I think that is where it has to be heard. Coleman will undoubtedly attempt to have the custody jurisdiction transferred to her home town, but that seems unlikely.

So far, custody and related court hearings/trial have all been in Canada. If she has deprived Boyle's parents of spending time with the children, that works against her as well.

 

[Intermezzo]

The custody case was opened in Canada, so I think that is where it has to be heard. Coleman will undoubtedly attempt to have the custody jurisdiction transferred to her home town, but that seems unlikely.

So far, custody and related court hearings/trial have all been in Canada. If she has deprived Boyle's parents of spending time with the children, that works against her as well.

Otto
Of interest,
Can you explain to me why that would work against her?
What rights would the grandparents have to visitation?
Would Caitlan not be in her rights as the custodial parent (temp or not) to decide who has contact with the minor children?
I am only going by my own experience based on when my brother and his wife were going through an ugly divorce and custody issue. My parents had no rights to visitation of the children, they only saw them when my bother had them. The ex-wife refused to communicate with my parents and would definitely not allow the children to spend time with them when she had them.
Now I realize this case is different because at the time JB had a restraining order against him and strict bail conditions.

With the dismissal of all charges all of his strict bail conditions also come to an end
He will get his Passport returned (though I am not convinced he will attempt to cross into the US (based on his belief that US authorities will arrest him) he will be able to use the internet again and can attempt to communicate with Caitlan, her family and the children.
I think CC had a restraining order against him and that will cease to exist

 

[human]

Came across this statement from JB's lawyer, Lawrence Greenspan to CNN, regarding gaining access and then custody of the children

Joshua Boyle verdict: Charges dropped against freed Taliban hostage - CNN DEC 20, 2019

Greenspon said Doody spent three and a half hours reading his decision to the court.
"He went through all the evidence of both Joshua and Caitlan, and reached a decision with which Joshua and his family, and we are very pleased," Greenspon said. "For them, this is really the first step to obtaining their main priority, which is access and eventually hopefully custody of the four children."

Joshua Boyle’s lawyer says ‘very pleased’ with dismissal of charges | Watch News Videos Online

At the 50 second mark

Video of Greenspan outside the Ottawa Courthouse with reports where he states JB's priority has always been getting access and hopefully, someday custody of his children

------------------

Vomit.

I doubt it, still. Just playing everyone around him.

He will move on. Screenplay? Book?

 

[human]

The custody case was opened in Canada, so I think that is where it has to be heard. Coleman will undoubtedly attempt to have the custody jurisdiction transferred to her home town, but that seems unlikely.

So far, custody and related court hearings/trial have all been in Canada. If she has deprived Boyle's parents of spending time with the children, that works against her as well.

do grandparents have rights?

 

[otto]

In Ontario (as in the rest of Canada), grandparents have rights. It shows good will when divorced, or divorcing, parents respect those right without a legal battle.

The short title of this Act is the Children's Law Reform Amendment Act (Recognizing Relationships with Grandparents), 2016.

"EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 34 and does not form part of the law. Bill 34 has been enacted as Chapter 28 of the Statutes of Ontario, 2016.

The Bill amends the Children's Law Reform Act.

Subsection 21 (1) of the Act, which sets out who may apply to a court for a child custody or access order, is amended to make express reference to grandparents.

Subclause 24 (2) (a) (i) of the Act is amended to expressly provide that, in determining a custody or access application, the court must consider the relationship between the child and each parent and grandparent."​

Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

Dec 8, 2016: Royal Assent Received

Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

 

[Intermezzo]

In Ontario (as in the rest of Canada), grandparents have rights. It shows good will when divorced, or divorcing, parents respect those right without a legal battle.

The short title of this Act is the Children's Law Reform Amendment Act (Recognizing Relationships with Grandparents), 2016.

"EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 34 and does not form part of the law. Bill 34 has been enacted as Chapter 28 of the Statutes of Ontario, 2016.

The Bill amends the Children's Law Reform Act.

Subsection 21 (1) of the Act, which sets out who may apply to a court for a child custody or access order, is amended to make express reference to grandparents.

Subclause 24 (2) (a) (i) of the Act is amended to expressly provide that, in determining a custody or access application, the court must consider the relationship between the child and each parent and grandparent."​

Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

Dec 8, 2016: Royal Assent Received

Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

Thanks Otto I appreciate your input.

I get it. Parents have access and custody rights and this bill gives grandparents the right to file an application with the courts to gain some sort of access or custody of grandchildren.

We don't know if the Boyle's filled an application with the court for visitation.

But that is all moot now. JB's charges have all been dismissed, his strict bail conditions revoked and IMO it will be full steam ahead in their divorce and custody battle.