The newsletter that got media and action that Khattar refers to in his "cease and desist" letter:
On October 30, 1996 Emma A. Gallant McCarthy, 2 year daughter of Bernard & Lisa McCarthy was illegally removed from their care while they did exercise the legal right of custody. CAS of Cape Breton took improper and wrongful steps to have child protection agents from Tampa, FL apprehend their daughter.
Florida Authorities reported that Emma was seen as a happy, well nourished child, free from any signs of neglect, showed no fear of father and mother and the interaction between them appeared natural and without stress and that the family was doing fine. CAS supplied both US and Canada officials false and misleading information about the McCarthy's in order to succeed in removing the child from their care. Lynn Billard, a social worker for CAS supplied false information to both countries that Bernard was born in NS and that he only had Canadian citizenship. Bernard was born in Hingham, Mass and resided there for 15 years before coming to Canada. Bernard has dual citizenship. When the McCarthy's arrived at the Canada and US border in April 1996 they did not conceal their identities and informed the INS that they were moving to the US. CAS knew about their move and did not raise any concern, them being on a supervision order with only 3 weeks remaining.
CAS knew of the McCarthy's whereabouts having an exact address and phone number since at least July 1996 but waits 3 months later to contact the authorities from both countries and presented this as an "Emergency and Urgent" case. Family Court in Sydney referred the matter to Florida Authorities to do a home study on the family and not to remove the child. CAS side step proper procedures and had the Department of Children and Families Services remove Emma at all cost. Documentation shows that Florida acknowledged that the pick-up was wrong and that they did not have an order to remove the child. How did they manage to pull this off? The Department of Children and Families Services were escorted by Tampa Police Department and arrested mother on a Grand Theft and left in jail for 52 days without having a lawyer or a hearing. In closed court, with no opposing party the judge releases mother with time served. There is no record of mother ever being arrested in Florida. After interviews with the Attorney General for the Department of Children and Families Services and the 13th Judicial Court there is no record of any court proceedings regarding the child. On November 6, 1996 Emma was handed over to CAS worker Lynn Billard and flown up to Canada without having a court order from either country. During this 2 year fight the McCarthy's were denied the right for a fair trial to be heard and have proper representation from both countries. Since then the McCarthy's have given birth to a new born son born April 10, 1998 and during the nine months of mother's pregnancy the CAS raised no concerns at all.
The McCarthy's involvement still exists with the CAS. Sixteen days later after the birth of their son they arrived home to only find out that 2 CAS agents and 4 RCMP officers were at their residence trying to get in to apprehend their son. The McCarthy's went in hiding for fear of their son. Mr. McCarthy meets with Dave Brown (right), the director for CAS, the next day and asks why CAS is doing this. Dave Brown stated to Mr. McCarthy that he had no concerns and that the McCarthy's did nothing wrong but because one child is in CAS care they need to apprehend their new born. In this same conversation, that was being recorded by Mr. McCarthy, Dave Brown admits that there was a jurisdictional foul up and that if the courts had all the information in, that the judge would have made a proper decision concerning Emma and that the record doesn't show the true version.
CAS admits that Emma was never in any danger being with the McCarthy's but gains Permanent Care of her in October 1997 and now is the subject of adoption against legislation. No one from Emma's extended family was ever notified for possible family placement. CAS presented no evidence in court that Emma has ever suffered any harm. In fact they reported the opposite.
The agency has not been able to address the needs of Emma as to her emotional and physical well being. This is demonstrated by the fact that no treatment has been given to Emma in regards to her emotional well being.
This coupled with the FACT that a court order was put in place to deal with the access situation between Emma and her family with an assessment ordered October 23, 1997 and never done to date again highlights the McCarthy's concern with the agency not looking out for her best interest. This assessment was ordered to look into possible separation anxiety and her attachment to family and what access should consist of. CAS took it upon themselves to sever access without the direction of a child psychologist. The McCarthy's and their 3 other children were not a part of this.
The McCarthy's allege that officials of the Family Court tampered with court files, tapes, documentation and transcripts in order to assure success for CAS to retain custody of their daughter. This case was based on false allegations, perjury and mis-information provided by the Children's Aid Society of Cape Breton.
Emma shows signs of "sexual abuse" in her 3rd foster placement. In November 1997 during a supervised access visit in the family room at the CAS office, Mrs. McCarthy noticed Emma exhibiting unusual behaviors. Emma had blisters around the outside of her mouth as well as inside. She had a hard time walking and was holding her vaginal area. Emma complained about having a sore wrist. She was withdrawn, moody and had lost weight. Emma's aunt had taken her to the washroom and refused to let her aunt help her wipe her bum. Emma crouched down behind the toilet and said, "No. Emma has a dirty and bad bummy."
When she returned to the family room Emma had put her mouth around the microphone (shaped like a pogo-stick) and said this guy's name "D". The mother and aunt suspected something wrong.
For a year now the McCarthy's had endlessly expressed their concerns about Emma's behaviors and her well-being to the agency, the Child Welfare Specialist, the Cape Breton Regional Offices and the Department of Community Services. Three months later they receive a letter stating that they cannot look into these concerns because there's a civil action filed by the McCarthy's against the agency.
The CAS case notes reveal that they do in fact acknowledge that Emma does exhibits signs of sexual behaviors but fails to bring any attention to the matter.
1997/09/17: Emma doing fine although she does exhibit some "sexual" behaviors at times.
1997/10/21: Foster mother is beginning to be concerned about Emma's masturbating. It has gotten worse. She stated that it is constant. Emma will lie on floor and put fingers in her vaginal area and bounce up and down. She is now currently very red, raw and sore because of this. Ms. M. stated that Emma was doing this all day yesterday, even when sore.
1997/12/22: She does masturbate when she first wakes up in the morning, however they are getting her up as soon as she wakes to curb this.
1997/10/16: Emma had been reportedly touching her vagina.
1997/11/21: Worker reviewed foster mother's comment about the child's lack of attachment. Both S. Mc N. and M. Mc L. had both noted that this child appeared to have attachment difficulties.
1998/01/14: Worker and group discussed that Emma is now in the permanent care of the Agency. She is showing behaviors that are sexual.
1998/01/13: Emma has also been masturbating quite a bit since her arrival at the M's home (3rd foster placement). Emma masturbated constantly until she was red and sore in the vaginal area. She will wake up and masturbate until someone comes into the room to get her for breakfast.
In August 1998 the McCarthy's gave a visit to the foster parents where Emma was located and confronted these people about their concerns for Emma. They denied having any knowledge about Emma's behaviors even when shown the case notes. As the McCarthy's were leaving Emma was screaming and crying for them not to leave her and that she wanted to be with them. Emma also voluntarily disclosed to the McCarthy's that Emma was being touched by "D". "D. touches me!" Emma cried out. This visit was recorded.
A $5M lawsuit has been filed against the Children's Aid Society of Cape Breton for the wrongful removal of Emma due to false and malicious allegations, malicious prosecution, abuse of process, abuse of position, failing fiduciary duty, defamation of character, slander and libel of the McCarthy's. The McCarthy's also will be taking the steps to deal with the Department of Children and Families Services in Florida, US for their role in the illegal apprehension of their daughter Emma from their care.
FACT is that the McCarthy's daughter Emma Alexandrea Gallant McCarthy born October 28, 1994 was abducted from the state of Florida using false allegations and misinformation which does place this case in the jurisdiction of the International Courts as stated by the Child Abduction Unit in the United Kingdom.
The McCarthy's have three other children who are allowed to be in their care. "Where is Emma then?" the McCarthy's ask. " We are committed to supporting all initiatives which are in the best interest of our most valuable resources, our children. Children have small voices which are never heard. Their small voices must be heard through us. We should be their guardians and protectors. No child deserves a life of fear and pain.. Nobody listens to Emma."
Come visit the McCarthy's and their children at their web site page at: injusticebusters.com or go directly into their page at: injusticebusters.org/index.htm/Children's Aid N.S.htm We hope and pray that someday someone will listen to the cry of pain from our children.
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.
Please take a look at the other case we are trying to break open: How did a policeman rise from corporal to Superintendent when his superiors and the justice department KNEW he had allowed the rape and sodomy of an 8 year old girl for 43 months?