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Bront's Forums > General Category > The Hotbed > Grounding overruled in court.
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Bront
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« on: June 20, 2008, 07:30:25 PM »
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A Canadian court has overturned a father's punishment for his daughter after she refused to stay off the Internet, his attorney said Wednesday.

The girl, 12, took her father to Quebec Superior Court after he refused to allow her to go on a school trip for chatting on Web sites and then posting "inappropriate" pictures of herself online using a friend's computer, AFP reported.

The punishment was for the girl's "own protection," according to the father's attorney, Kim Beaudoin, who is appealing the ruling.

"She's a child," Beaudoin told AFP. "At her age, children test their limits and it's up to their parent to set boundaries. I started an appeal of the decision today to reestablish parental
authority, and to ensure that this case doesn't set a precedent."

Otherwise, she continued, "Parents are going to be walking on egg shells from now on."

According to court documents, the girl's Internet usage was the latest in a rash of disciplinary problems. But Justice Suzanne Tessier, who was presiding over the case, found the punishment too severe.


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« Reply #1 on: June 20, 2008, 09:54:34 PM »
 Undecided

For everyone who isn't paying attention to the political powers in our country..

Watch. Our wonderful country, based on free market and capitalism, is slowly shifting towards socialism (liek canada). There are politicans that are pandering to the people who feel entitled. That means, they don't have to earn what they have (for the people who don't know what direction i was coming from...).  And as the 'free meal constituants' continue to grow, those of us who work and earn our place will be paying more and more for their right to exist. These same people, the ones with their hands out, WANT more government control in their lives. It is incredibly frightening to me.

If you haven't read a brave new world or 1984, do so. Now. And the scales will fall from your eyes.
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« Reply #2 on: June 20, 2008, 11:36:32 PM »
Pst, it's in Canada, not the US.

Still...
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« Reply #3 on: June 22, 2008, 08:41:25 AM »
I read 1984 in High School, I still think about it every time I read something about the government getting more control.  The whole patriot act really sent up the red flag for me.
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« Reply #4 on: June 24, 2008, 07:28:29 AM »
Canada is currently working on a law that would make it illegal to give kids a spanking. 


With the Grounding ruling, I find it interesting, the court basically ruled the girl can go on a school trip.  Not the father couldn't punish her, but that canceling the trip was too much punishment.  The net precedent is the court would now be in the business to oversee any parental punishment in the province of Quebec, potentially all of Canada.  Socialist ideas from Canada have spread to the US.  This one is just too much of an over reach by the court. 

If the father simply refused to pay for the trip, what would the court do?  Put him in prison? Fine him? Garnish his wages?  At what point would it occur to the court the daughter had punished the Father too much...
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« Reply #5 on: June 25, 2008, 07:07:49 PM »
I got more info on this story.

There was a custody hearing where this child was assigned legal council due to the judge feeling neither parent had the kids best interest at heart, which is how the case even got to court.  It was overturned because the mother did not agree with the punishment, and supposedly parents must agree to larger punishments during cases where custody is as it is (I don't think the father has full custody), and the mother disagreed.

Doesn't make this right, but that's the only way it would have gotten into court in the first place.
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« Reply #6 on: June 26, 2008, 10:41:01 AM »
The child had on going legal council due to the 10 year custody battle.  The school policy was that she needed permision from both the mother and the father, or the court.  When the father grounded her, this 6th grade 12 year old went to live with her mother.  The father had legal Custody, but I didn't see any thing that said 'full custody'.

The court opinion was that the girl is now living with the mother, and the punishment was too severe, so the judge ruled in favor of the child.  This ruling was fast tracked so the Girl could make her school trip.

It is the too severe part of the ruling that is causing everyone trouble, because it doesn't shed any light on what is a court actionable punishment and what isn't.  It sets the stage for a pile of suits in Quebec courts as pro-child rights groups run test cases to sort out, and perhaps advance their concept of child rights. 

The child has gone on her school trip but the case is being appealed because of the precident it sets.  If this ruling stands, any kid grounded by a parent could take their parent to court, until the courts set clear guidlines.   There are plenty of activist groups looking for good test cases.   
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« Reply #7 on: June 26, 2008, 06:38:35 PM »
Yes, and I agree that it needs to be appealed.  The circumstances that brought it to court in the first place are rather rare, with the child already having a legal council, but that doesn't make the ruling any more disturbing.

Talking with several Canadians, Quebec has legal issues like this all the time and apparently is quite different in how it deals with court cases over every other provence, and it's what gives Canadian courts a bad name.
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