I have wondered since finding myself trapped in this legal prison how we could let this happen (by we I mean the public as a whole). We live in a democracy. However, by its very definition a democracy is based on majority rule - the doctrine that the numerical majority of an organized group can make decisions binding on the whole group.
I believe this probably started out with the best of intentions. There were a number of dads not paying and thumbing their nose at the government and the rule of law. The rule of law defines the very basis of any democracy and is defined as “One of the cornerstones of democratic society, meaning that everyone is subject to the law. It is not just the rule that everyone is covered by the Criminal Code and you must be charged and convicted if appropriate. …” Basically, what this means is everyone is equal before a court of law and Habeas Corpus. Habeas Corpus being defined as “writ commanding that a person be brought before a judge. Most commonly, a writ of habeas corpus is a legal document that forces law enforcement…”
In summary, this means if we are all equal, and we are guilty of a criminal offence than we should be brought before a judge and charged with our crimes.
Finally (I will be done pontificating on the law I mean), another crucial cornerstone of law and democracy is “The presumption of innocence — being innocent until proven guilty — is a legal right that the accused in criminal trials has in many modern nations. It states that no person shall be considered guilty until finally convicted by a court.” This one appears to be thrown away under the guise of enacting all of this as law by provincial and federal courts – you don’t have an option – it’s the law.
See this link>>> http://www.theglobeandmail.com/servlet/story/RTGAM.20070222.wweb0223/BNStory/Technology/
If for a minute, you think, ah, I am not divorced this doesn’t apply to me, my point is if they could do that here how about enforcing the following:
· You owe money on your taxes.
· You owe money on your property taxes.
· By the way they can refuse you service in Alberta Canada if you haven’t paid your Alberta Health Premiums.
· You are caught speeding.
It’s just that the Provincial and Federal government made such a great case out of getting deadbeat dads into this pickle why not expand it? Wait, I know you are going to say, it’s not going to happen. I might tell you I told you so later – I might or I might feel way too sorry for you to say anything.
I want this posting as a comparison to an actual prisoner in a medium security prison in Canada versus the prison imposed on fathers paying child and spousal support with the subsequent controls in place, as follows (you can skip right to summary page if you don’t want to listen to my whining and bitching):
· The comparison will exclude the actual confinement itself in an institution, the understanding that locked behind bars is a far greater penalty than we face, I am more interested in the comparison of the rights of a individual charged and convicted of a crime versus those of us that went through the legal system and are faced with Maintenance Enforcement.
· Reference: Corrections and Conditional Release Act (1992, c.20). This act is current to March 27, 2008.
· Sections under Principles that guide the service (section 4 – g), offenders have a grievance procedure.
o Wow – unless we pay a lawyer, nobody hears our story. No, no, this isn’t entirely true, you can send Maintenance Enforcement feedback but you have to provide information on yourself. Who isn’t scared that the MEP will take it out on you? Wait, they took everything already, my dignity, my life and my ability to work, just my ass is left. They can have that if they want it.
· Sections under Principles that guide the service (section 4 – h), that correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.
o I see nothing under Maintenance Enforcement that supports our needs as divorced dads. Hmmm, we are forced to go a parent’s course and told what a bad parent is and what a good parent is. Thank god they outlined that for me. They didn’t deal with being abused by your ex in that course – strange? They didn’t deal with suicide or depression in that course either?
o Of course the icing on the cake might be when the Federal Government garnishes your wages they also tell you they will be charging you another fee to recover the cost of the garnish, this might be enough to push any man over the edge.
· Compensation for Death or Disability – section 22. The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of (a) an inmate, or (b) a person on day parole that is attributable to the participation of that inmate or person in an approved program.
o Compensation if a death occurs. I believe if we pass on as debtors – MEP goes after our Estate. Death, taxes and now MEP in the same list. If you die in prison they give you money, if you die within MEP, they take your money.
· General Living Conditions – section 69. No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.
o Hmmm, I don’t believe we get this we do get inhumane and degrading treatment. The last time I visited an MEP location, everyone with MEP was behind bullet proof glass. I walked up to the front and a small speaker came on “Your Name and Social Insurance Number please” I told her. “Speak louder please I can’t hear you.” Well so much for my privacy and dignity, should I get down on my knees now or later?
· Payments to offenders - 78. (1) For the purpose of (a) encouraging offenders to participate in programs provided by the Service, or (b) providing financial assistance to offenders to facilitate their reintegration into the community, the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.
o Oh, god they get paid in prison. They get paid! Fucking great! I get a swift kick in my balls once a month if I miss a payment and then they are chopped off if I miss too many payments.
· Obligations of Service - 86. (1) The Service shall provide every inmate with (a) essential health care; and (b) reasonable access to non-essential mental health care that will contribute to the inmate’s rehabilitation and successful reintegration into the community.
o So let me get this straight, I can’t afford my health care premiums anymore but if I was a prisoner in a provincial cell I could get decent healthcare. Well, I think this fuckin system is working.
In summary:
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Provincial/Federal Prisoner
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Legal Prisoner of Maintenance Enforcement
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3 square meals a day.
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So sorry, your accounts are frozen and your ass in a sling – try eating sugar packets from the coffee room or those little ketchup packages in McDonalds.
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Don’t like the way you are treated, you have a grievance procedure.
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Don’t like the way you are treated, who gives 2 fucks? Suck it up little man.
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Special programs and requirements to address the unique needs of the prisoners.
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One program to beat the living shit out of you. Depressed? Pay us. No job? Pay us. Dead? Pay us. We will take you down little man. Oh, and pay us administration fees when we take your money.
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Die in prison? The ministry provides compensation.
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Die in Maintenance Enforcement? A quick search of your pockets, strip the body and sell everything to pay off your support.
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In prison, you cannot be subject to any cruel, inhumane or degrading treatment or punishment of an offender.
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Ah, Maintenance Enforcement, we just need to tweak that statement from the Federal Government - you will be subject to any cruel, inhumane or degrading treatment or punishment of an debtor. That’s better.
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Offenders are paid a salary to work within the prisons.
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You pay, and pay, and pay, and pay, and pay, and pay, and pay. Oh, if there’s nothing left – lets see what we can sell.
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Every inmate is guaranteed health care.
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Hmmm, don’t seem to have money to pay for health care, better not get sick and keel over. That would be bad.
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Its seems to me that if we just added strip searches to the Maintenance Enforcement program we could be sure we got everything. However, it appears that Provincial and Federal prisoners have a better deal than being in Maintenance Enforcement – I hope nobody notices.