inJusticebusters congratulate Mr. and Mrs. Bernard McCarthy on the birth of their daughter Brae. Now that Sampson has his eye on retirement, he seems to have lost his appetite for harassing Lisa and Bernard and their family, as he did last year when CAS attempted to apprehend Corbin. This plan was foiled when Judge Flora Buchan dismissed its application. Lisa and Bernard McCarthy told inJusticebusters:
"We know that NS has all been covering up the fact that the province is responsible for the abduction and sexual abuse of Emma and that we will have the last word! We will not give up until this is finally exposed and then BAM, they all go down, and hard!"
-- Mr. and Mrs. Bernard McCarthy
Answer: Actually, Frank Sampson, Director of Cape Breton Children's Aid society and Sgt. Brian Dueck of the Saskatoon City Police Dept. have quite a few things in common, but the most important feature they share is a fondness for the game of "Cover-up."
Both are covering the fact that small girls were raped by disturbed adolescent boys while supposedly under their protection.
Both men have advanced in their careers despite these criminal actions.
Both men want to retire soon, possibly to a place where they will never again have to hear anything about inJusticebusters or the Internet.
Sgt. Dueck has tried to shut us up by having us charged with criminal defamation (of which we were both acquitted) and Frank Sampson has told the media that he is having us investigated and that the police have opened a file on us. Both have also talked about suing us.
Both of these men tell lies. Dueck has fudged the actual length of time he allowed his child witness to remain in a situation where they were raped, sodomized and tortured (44 months is the actual length of time) and Frank Sampson's underlings have told the media that Emma McCarthy had been adopted, a cruel and blatant lie told to her distraught family on Christmas Eve. -- posted summer, 1999
Have a just summer! (As summer 2000 approaches, we regret to report that Dueck has now been promoted to Superintendent and Sampson is still at large.)
What the CAS has done to this family is not supposed to happen in the free world. Emma must be restored to the McCarthys and CAS must be punished for its actions which have violated the McCarthys most fundamental rights.
Summary to May 24, 1999
In mid November, 1998 inJusticebusters received an urgent e-mail from Lisa and Bernie McCarthy asking for help in recovering their child Emma who they claimed had been abducted from them by the Cape Breton Children's Aid Society October 30, 1996. Not only had CBCAS stolen Emma but it was now trying to take their other children.
The McCarthys asserted that the apprehension was done illegally, that in fact CBCAS had tricked the Florida authorities to get Emma. Their basis for this assertion was that for several months prior to leaving Nova Scotia, CBCAS had not apprehended Emma. They had made it clear that they would do so if Lisa did not sever all connections with Bernie, but they were also aware that Lisa, Bernie and Emma intended to emigrate to the United States where Bernie held citizenship. inJusticebusters checked out all these facts.
Some of the facts involved the McCarthys being charged and jailed in Florida for failing to return a U-haul, which they do not deny, and that both Lisa and Bernard had had problems with alcohol which they had since addressed by quitting drinking. inJusticebusters did not feel that these facts had any direct bearing on the illegality and inhumanity of CBCAS's actions.
April 2000: see the documents from Florida Child Protection
On December 1, 1998 inJusticebusters posted the story and helped the McCarthys shop it around on the Internet. CAS worker Dave Brown (left) was all over this story.
December 24, 1998 CAS informed Lisa and Bernie that Emma had been placed in a foster family who had signed final adoption papers and that they should give up.
Between Christmas and New Year's, Bernie and Lisa prepared a newsletter which they distributed to citizens and placed on windshields of cars parked at the mall.
December 31, 1998 A letter hand-delivered by a private investigator, tells them to cease and desist making their case public.
January 6, 1999 The National Post published the story in which they stated that CBCAS confirmed that Emma was adopted. Local media picked up the story. CBCAS refused to comment further on the case because of a civil suit the McCarthys had launched against them. NP story here
January 11 The McCarthys withdrew the civil suit and issued a press release that CBCAS was now free to talk.
January 15 The Cape Breton Post picked this up. CBCAS, through the newspapers, threatened legal action against the McCarthys and inJusticebusters and stated we were under police investigation. inJusticebusters contacted the Cape Breton Regional Police and the RCMP and declared our willingness to cooperate with any investigation.
January 20 The McCarthys issued a press release authorising the publication of any material regarding their case. The Cape Bretron Post also picked this up.
As inJusticebusters went through the mountains of paper that had been generated in this case, the found that the Cape Breton Transition House had acted improperly and published a story about this.
inJusticebusters also read the case files on Emma and concluded that the method by which they "persuaded" Bernie and Lisa to sign papers releasing Emma were fraudulant and that they violated the McCarthys fundamental rights under the Canadian Charter. We published a new page called How they stole Emma, citing Dr. M. Declerck and social workers Melina Macleod, Sandra MacNal, and Lynn Billard as malicious and criminally negligent in their methods and actions.
The McCarthys had for two years been continually making applications to the Court and had received nothing but delays and stonewalling by CAS lawyers. They launched an appeal against Emma's adoption immediately after they were told she had been adopted.
March, 1999 The McCarthys finally received a transcript of the oral decision of Judge Flora Buchan, who ruled against CAS in its application to take Corbin, July, 1998.
On April 9, Lisa McCarthy received a letter from CAS lawyers which said, in so many words: Pay us a dollar so we can legally steal Emma and then move in on your other children. Framed in intimidating language, these officers of the court put justice in disrepute and the Nova Scotia Law Society should disbar them! An interesting part of this letter is that for the first time they acknowledge Emma's proper family name. Read the letter here.
At the appeal hearing in May, a CAS protection worker admitted that Emma had not been adopted and that the December 24 call to the McCarthy's had been part of an "investigative" ploy. inJusticebusters believe that this is torture, as surely as the Pinochet torturers in Chile used whatever means they could to steal children from their parents. The difference is Canada is not a police state.inJusticebusters say that the child protection workers and officials involved in this case would have found more scope for their torturing talents if they had been employed by the Pinochet regime.
This story was born in Transition House in Cape Breton. After Lisa McCarthy made a drunken allegation against Bernard, she and Emma were placed in Transition House. After she was sober, Lisa retracted the allegations -- which were serious -- but she was not allowed to do so. Instead she was unlawfully confined under threat of Emma's apprehension.
inJusticebusters ask: Does a person not have the right to retract a statement? The workers at Transition House used psychotorture techniques on Lisa McCarthy. What does the word "transition" mean to these people? Many citizens think that such places allow battered women to move from a dangerous situation to a safe one. That does not seem to be what really happens. Indeed, the workers in Lisa McCarthy's case behaved like dominatrices who weren't good enough to work in a proper brothel!
Section 279 (2) Criminal Code of Canada states:
Forcible confinement: Everyone who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of: (a) an indictable offence and liable to imprisonment for a term not exceeding ten years;or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
The Transition House had no lawful authority to hold Lisa McCarthy. Evidence indicates that a cry for help from a mother with many problems was ignored. Instead of receiving help, Lisa McCarthy received threats and psychological torture. They eventually made good on their threats by apprehending Emma
In the story published Jan. 6 by the National Post, Sydney, N.S. lawyer George Khattar claims the McCarthy family has committed the crime of slander and is putting child welfare workers' lives at risk! What is this slimeball talking about? Only the worthless reputations of the criminals who stole Emma McCarthy are at risk. These kidnapers are being exposed! As far as criminal defamation goes, inJusticebusters are no strangers to this archaic law. Go ahead and charge us, we say! And if you want to sue us civilly, be our guest. If bringing evidence in open court is the only way we can force you to give Emma back to her parents, we will be happy to meet you there.
Dave Brown, the CAS worker in charge of the McCarthy file at the time of Emma's apprehension, lied to the Court and then withdrew, appointing another worker to cover his lies at the hearing to try and apprehend Corbin.
This criminal social worker knew that CAS had not operated in the best interest of Emma when they stole her from Lisa and Bernard McCarthy. He even admitted as much in private (taped) conversation.
Instead of doing the right thing and seeking to restore Emma to Mr and Mrs. Bernard McCarthy, his agency sought to apprehend another child, Jennelle, and threatened to take Corbin, born last spring, as soon as he was born!
Not only has he agriegiously harrassed and defamed the McCarthys, he has sought to justify it by abusing his office.
inJusticebusters posts the decision of the Hon. Flora Buchan and will add full commentary to show exactly where Brown lied. It is clear from the decision that the honourable judge was unaware of the deception.
In this story a mother who turned viciously on her husband received a very different treatment from Lisa and Bernard McCarthy. The parts of the mandate about protecting children and keeping families together? A cruel joke on children and families.
We want to point out that as horrible and extreme as the Emma McCarthy case is, it is not isolated case. What distinguishes this case from many other stories is the McCarthys tenacity in fighting a huge bureaucracy.