Amélie Perron, RN, PhD, is associate professor at the School of Nursing, University of Ottawa and  co-president of the Nursing Observatory. The appellants Donald R., his former wife Helen R., and her common law husband Donald W., were tried together in the Court of Queen's Bench on an indictment containing numerous counts alleging that, between January 1, 1983 and December 31, 1989, they committed a number of offences entailing the sexual and physical abuse of three children of Mr. and Mrs. R., a boy and two girls then ranging in age from one to ten. Over the following eight months, from mid-February to mid-October of 1987, the children visited from time to time with their parents and Mr. W. Mr. R. visited with them regularly, taking them overnight on occasion. He said he had not see anything done there to his sisters, but noted that when Donald W. sexually abused the kids, he would promise them a chocolate bar or five dollar bill if they did a good job. And Michael would wear pantyhose to school under his jeans, saying it made him feel sexy. Unauthorized distribution, transmission or republication strictly prohibited. Hansen said farmers are already working to reduce emissions, and she "can't see how the tax will cause any [more] change in behaviour.". As noted earlier, her guilty verdicts were also attacked on the ground they were unreasonable or unsupported by the evidence, within the contemplation of s. 686(1)(a)(i) of the Code, a ground of appeal requiring this court to re-examine and to some extent re-weigh the evidence with a view to determining whether a properly instructed judge or jury, acting judicially, could reasonable have rendered the verdicts: R. v Yebes, [1987] 2 S.C.R. That means other courts can reference the judgment, but they will ultimately make their own decisions. Justice Barrington-Foote ruled that criticizing public policy or care practices doesn’t undermine public trust, on the contrary: “It can enhance confidence by demonstrating that those with the greatest knowledge of this massive and opaque system, and who have the ability to effect change, are both prepared and permitted to speak and pursue positive change.” (para 160). Gaz. We encountered an issue signing you up.

The next issue of Montreal Gazette Headline News will soon be in your inbox. 2001 - ... Court of Appeal Schedule Quick Survey . He recalled Donald W. coming to their house with his video-camera, saying Don W. videotaped "us when we were having, being sexually abused" and took pictures of the children "doing some naked things," using one of those automatic cameras "where you take the picture and the picture comes out," adding that when Don W. video-taped them having sex, "My birth mom would do it to Kathy, my birth dad would do it to me, and then we would all take turns." She recalled Michael's interest in cross-dressing, his and Kathy's bed- wetting, and the children having been caught naked in the play area downstairs without any satisfactory explanation. 223, I am satisfied the evidence of each of the children was properly received, and appropriately received under oath. This ruling will decide whether the federal government has the power to regulate carbon emissions that cause climate change, said Stewart Elgie, a professor at the University of Ottawa and an expert in constitutional and environmental law.

CouRT oF APPEAL RuLES 8 filing judgment or order appealed against 10.1 Where an appeal is taken against a judgment or order of the Court of Queen’s Bench, a copy of the judgment or order, as taken out in the Court of Queen’s Bench, shall be filed contemporaneously with the notice of appeal. McKenna and Yelland; the therapist, Ms. Bunko-Ruys; and a psychiatrist, Dr. Joanne Santa Barbara. By this time Michelle had started kindergarten, and Mrs. Francis noticed that she, too, was given to some unusual sexual behaviour.

On one occasion, she said, the room was decorated with hanging bat and ghost forms, and the children, who were naked, were made to don bat masks and wings, and then "touch" one another, while the adults watched from an adjoining room. Carolyn Strom, left, arrives at the Court of Appeal for Saskatchewan in Regina on September 17, 2019. 1981 - 2020-10-06 23,800. I do not agree with the contention the evidence of the children should not have been received. This time he examined them for signs of both physical and sexual abuse, given what they had been telling Mrs. Thompson and had told Ms. Bunko-Ruys and Sergeant Dueck. She recalled having been told by Pam Klassen, on the initial occasion, that Michael had inserted a butter knife in Kathy's vagina during an overnight stay at the home of Pam Klassen. She also testified that her mom and dad had burned all three children with candles and matches. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Apparently he pleaded guilty to the charges, following which the charges against the other members of the Klassen family were either withdrawn or stayed. CP-Web. The Charter right to freedom of expression is not something that should be trampled. And Kathy, too, had to be regularly supervised by an aide because of her history of sexualized behaviour. Ontario argued that the federal carbon tax was unconstitutional. The gist of the evidence of each of the children, especially as it affected Donald R., Helen R., and Donald W. was this. Shortly after their return to the Klassen residence, Mrs. Klassen noticed redness about Michelle's vagina and blood spots on the girl's panties. Kendall Latimer has shared compelling stories, photos, audio and video with CBC Saskatchewan since 2016. That prompted the Department of Social Services to look into the situation, and in consequence the R. girls were removed and placed, as well, in the care of the Thompsons. The child stated that she had seen her mom and dad do the same things to Kathy, adding that she had not witnessed any other sexual acts involving other family members. Michael acknowledged that he, himself, had sexually abused Michelle and Kathy, as well as the Klassen children and others, saying he started touching his sisters when he was five and they were three. Therefore the Supreme Court of Canada cannot refuse to hear an appeal if the province submits one. "This is a court ruling on the law under the Constitution," he said. And then I put my penis in her bum.

In 2016, following a post she made on Facebook regarding the care received by her dying grandfather, Strom has been found guilty of professional misconduct by the Discipline Committee of the Saskatchewan Registered Nurses Association (SRNA). When asked who appeared in the videos, Michael said "Michelle and Kathy and I, and then my birth mom and dad," saying he had watched these videos. She was said to have erred (i) in receiving the evidence of the children; (ii) in limiting the cross-examination of Mrs. Thompson; (iii) in qualifying Dr. Yelland, Ms. Bunko-Ruys, and Dr. Santa Barbara to give opinion evidence; (iv) in disallowing cross-examination of Ms. Bunko-Ruys with the aid of a "transcript" of the interviews of the children conducted by Sergeant Dueck; (v) in allowing into evidence the two out-of-court statements made by Michelle, the one to Mrs. Klassen and the other to Dr. McKenna; and (vi) in foreclosing the expression by Dr. Elterman of opinions going to the reliability of the children's allegations. Regulatory bodies are given discretionary powers by government authorities to regulate members, but that power comes with significant responsibilities, one of which requires a fair and rigorous analysis of all the facts at hand.

SKPC. Subsequently, she testified that when Donald W. came to the house, there would be "screwing parties" in the living room, involving all three adults and the three children. She said the Klassen household, too, was filled with bad touching, but not as bad as that which had occurred in the R. home, because there the people did other things to the children. 1979 - 2020-10-07 10,064. We apologize, but this video has failed to load. As had Michelle, Kathy also testified about sexual activity involving only the children: Michael had "screwed" her and put his penis in her vagina and bum; Michelle had put a finger in her vagina and bum; and she, Kathy, had done the same to Michelle. Provincial Court of Saskatchewan. 675 (1)(a)(i) and 686(1)(a)(ii) of the Code. "We welcome last week's decision by the Saskatchewan Court of Appeal overturning Carolyn Strom’s conviction of professional misconduct.". Box 500 Station A Toronto, ON Canada, M5W 1E6. In R v Cey (1989) 48 C.C.C. By the time he left the school in June of 1989, his behaviour was so abnormal the school system was unable to cope with him. About two hours later, while the girls were having a bath and she was washing their hair, she noticed that Michelle's vaginal area was irritated and red, and that her panties appeared to have blood on them. She had not seen her mom and dad burn her brother and sister, and had not seen any scars on either of them, but she said her mom and dad had cut all three kids with knives. What to make of each of the children and their evidence was obviously one of the central issues at trial, with Justice Batten having to determine whether and to what extent any of them and their testimony was credible. We reserve the right to close comments at any time. He liked to put on a housecoat, dresses, and high heeled shoes from "the dress-up box" in the classroom. "They're simply arguing the federal government can't do it.". 271. However, it argued that this infringement was necessary and justifiable under section 1 of the Charter. Asked to specify, Michael said, "He put his penis in my bum, and then I put my penis in his bum, and I sucked his penis," adding that they had done this while alone in a bedroom and that Donald W. threatened to kill him if he told anyone about it. In February, lawyers for Saskatchewan argued in the Court of Appeal in Regina that the tax is unfair and unconstitutional. Saskatchewan's highest court is set to release its decision Friday in a court case that has pitted the province against the federal government. The Klassens were willing to care for the two girls, but were concerned about keeping Michael. The children testified to many other happenings in the R. home, including some which were altogether bizarre: They would eat "poop," including poop cast in moulds or mixed with raw fish, and would drink "pee" and "blood"; their mother would cut up and fry eye-balls; their parents would screw and kill and cut up cats and dogs and babies, eating and burying parts out back in the garden; and so on. He recounted being in his father's bedroom many times, while the two of them were naked, and said that his birth dad "put his penis in my bum, and I put my penis in his bum. After being placed with the Thompsons in late 1989, Michael was permitted to attend the Warman Elementary School on a half-time basis, but only on condition he be continuously accompanied by Mrs. Thompson, for by then he was a deeply troubled child, exhibiting highly unusual sexual behaviour. She loves a good yarn and is always open to chat: On another occasion, she said, the children were tied naked to a dresser with a rope, while her parents--her "birth parents" as they were referred to--who were also naked, engaged them in sexual activity.

Court of Appeal for Saskatchewan.


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