"I
suggest to you this perspective could stand
in the case of Fathers and men across the world in
terms of the application of law in the courts".
A Contrast:
Canadian Justice for Canadian Fathers and Men set
against the example of the
despicable Heather Mills
Heather's Mills-her
reputation shredded by judgment
The
Daily Mail Article (below) covering
the recent Heather Mills-Paul McCartney debacle should be interesting to us
all as we look at the administration of British Justice over the obvious and
now proven perjury of Heather Mills. it is especially interesting in
my view because I have to ask how much better justice would be served in
Canada for countless Men and fathers in Divorce or so called "Family" Court
if we were to be find justice served equally honestly and fairly. One only
has to look at what is provided for in terms of perjury under the Criminal
Code of Canada to wonder how much more balanced justice would have been in
our own personal cases if perjury was identified and charges made pending in
view of "evidence" presented against so many of us in the event of
judgements made as a result of such perjury. If Canadian family court
adversaries were to be prosecuted relentlessly for perjury
and proven fraud there would be a lot more real justice
and a lot less perjury and fraud in my view.
Look at the examples in the Heather Mills-Paul McCartney case in the
UK. How many Fathers and Men reading this can see similarities to the
'justice by perjury' so many of us have suffered. How many of our so-called
ex's would have proceeded down that road knowing that jail time in excess of
10 years could be the result?
I doubt very many. Remember also that in Canada one doesn't even have to be
in court to be found guilty of committing perjury. But why does it go on
like it does without intervention and legal application? We all know (the
legalists among us know especially full well) that perjury in family court
and the often inevitable parallel criminal court where false allegations are
dealt with) is rampant , unchecked and unpunished. In fact it often seems to
be rewarded. Some of our brothers have suffered terribly as a result of
perjury. Some are even in jail and have had their entire careers and lives
destroyed by it. They almost certainly have lost their children, their
careers and their property-everything they have ever built owned and loved.
I do not know many Fathers and men who have not suffered directly as a
result of perjury and mischief in one way or another. How many reading this
could say with absolute certainty that their ex's would be in prison today
if perjury was punishable the way its supposed to be punished? And imagine
the outcome for us in terms of custody and equal or sole custody? I suggest
to you this perspective could stand in the case of Fathers and men across
the world in terms of the application of law in the courts.
JS
How Perjury
is supposed to be dealt with in Canada under the Criminal Code:
PART IV:
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE
Misleading Justice
Perjury
131. (1) Subject to subsection (3), every one
commits perjury who, with intent to mislead, makes before a person who is
authorized by law to permit it to be made before him a false statement under
oath or solemn affirmation, by affidavit, solemn declaration or deposition or
orally, knowing that the statement is false
(1.1) Subject to subsection (3), every person who
gives evidence under subsection 46(2) of the Canada Evidence Act, or gives
evidence or a statement pursuant to an order made under section 22.2 of the
Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with
intent to mislead, makes a false statement knowing that it is false, whether
or not the false statement was made under oath or solemn affirmation in
accordance with subsection (1), so long as the false statement was made in
accordance with any formalities required by the law of the place outside
Canada in which the person is virtually present or heard
2) Subsection (1) applies, whether or not
a statement referred to in that subsection is made in a judicial proceeding
Punishment:
132. Every one
who commits perjury is guilty of an indictable offence and liable to
imprisonment for a term not exceeding fourteen years
R.S., 1985, c.
C-46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998, c. 35, s. 119
It seems to me that even with
all the indications of perjury Mills should be prosecuted for Perjury. So
should everyone. And in Canada-under existing law- this should certainly be so.
it is in my opinion our duty to make that an automatic option. Our collective
silence on this is acceptance of the legal status quo.. See the poll the
British have taken on the matter: