Day: December 8, 2019

District says it’s not liable for boy, 8, who killed himself

CINCINNATI — The death of an 8-year-old boy whose parents say killed himself after he was bullied by another student is at the centre of a legal fight with his family and the Cincinnati Public Schools.

School officials said the district isn’t liable for the death of Gabriel Taye, pushing for the U.S. Sixth Circuit Court of Appeals to overturn a federal trial judge’s refusal to dismiss the parents’ wrongful death lawsuit, The Cincinnati Enquirer reported.

The boy’s parents argue that Carson Elementary School never told them that Gabriel was knocked unconscious by another student during an altercation outside a school restroom on Jan. 24, 2017. School officials claim Gabriel told staff he had fainted and never said he had been bullied or assaulted.

The district released a video that shows one boy bullying other students and then, according to the family’s attorneys, pushing Gabriel into a wall when he tried to shake the boy’s hand and knocking him unconscious. The spokeswoman said it’s unclear from the video what happened to Gabriel at that moment.

An assistant principal arrived about 4 1/2 minutes after Gabriel fell to the floor, followed by other school employees and the school nurse, who helped him to his feet, according to surveillance video. He was on the floor for about seven minutes.

The school nurse called Gabriel’s mother, Cornelia Reynolds, and told her that he fainted.

Gabriel returned to school two days later when he was bullied again, according to the lawsuit. He killed himself that night.

Reynolds claims she didn’t learn of the bullying until her attorneys saw a copy of an email written by a Cincinnati police homicide detective in an investigative file that described the scene outside the boys’ bathroom, her lawyers said.

The Associated Press

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By The Wall of Law December 8, 2019 Off

Domestic Abuse Survivors With Brain Injuries Are Falling Through The Cracks

VANCOUVER — A British Columbia mother in her late 30s says there was “no support in sight” after she suffered two serious blows to the head at the hands of different partners more than a decade ago.

“I was exhausted. I had to quit my job because I couldn’t get up,” said the woman, whose name is not being used because she is separated from her child’s father and fears for her family’s safety.

“My head hurt so badly. I wasn’t able to focus. I felt really down on myself because I didn’t know why I couldn’t function properly.”

The mother said it would have been “life changing” if first responders, hospital staff and even family members had been aware of the effects of a potential brain injury from domestic violence and offered her support accordingly.

“I had no understanding that my brain was not working properly,” she said, adding that she did not have trouble focusing, managing her time or multitasking before the first violent incident.

“It’s been hell to figure it out on my own.”

She said learning about the effects of a brain injury helped her overcome the shame she felt after the two blows, which happened several years apart when she was in her 20s.

She sets timers and reminders on her phone to help structure her days and she keeps notes handy with ideas for meals and ingredients that sometimes elude her. She has also become certified in yoga and mindfulness, activities she said help her cope with the chronic effects of multiple concussions.

The B.C. mother is a member of an advisory committee for Supporting Survivors of Abuse and Brain Injury through Research, or SOAR. The organization was founded in 2016 by Karen Mason, the former executive director of the Kelowna Women’s Shelter, and her partner Paul van Donkelaar, a professor in the school of health and exercise sciences at the University of British Columbia’s Okanagan campus.

Compared with brain injury research being done on athletes, the research involving people who have suffered similar injuries from intimate partner violence is in its infancy, said van Donkelaar.

A crisis

The silence and stigma shrouding domestic violence mean those who suffer brain injuries are falling through the cracks of what van Donkelaar calls “an unrecognized public-health crisis in Canada.”

Of nearly 96,000 victims of intimate partner violence reported to police in Canada in 2017, 79 per cent were women, according to Statistics Canada.

But spousal and domestic violence is often not reported to police and it’s hard to determine how many survivors might have experienced traumatic brain injury as a result, said van Donkelaar. 

Based on research from the U.S., including a study by the Centers for Disease Control and Prevention, he said the prevalence of brain injuries could be anywhere from 30 to more than 90 per cent of all survivors.

Research underway

The SOAR team is assessing women to determine how many may have sustained traumatic brain injuries and the extent to which their symptoms overlap with sports-related concussions.

The researchers use lab-based tests as well as a questionnaire that includes questions like ‘Did you see stars?’ and ‘Did you lose consciousness or have a period where you couldn’t remember things?’

The first results, published recently in the journal Brain Injury, show all 18 women initially recruited through the Kelowna Women’s Shelter reported symptoms consistent with traumatic brain injury. The research is ongoing and van Donkelaar said his team has now assessed about 60 women.

Domestic violence often includes blows to the head, face or neck, as well as strangulation, said van Donkelaar.

“Each of those experiences absolutely have the potential to cause some form of brain injury, similar to what you would see in many collision sports like football or hockey,” he said.

I remember trying to ask for help and I feel like they treated me like I was intoxicated because I could not speak.B.C. survivor

The B.C. mother said her former partner was strangling her when her head smashed against a bedside table as she tried to fight back.

When family members brought her to the hospital, staff seemed “frustrated” that she didn’t remember exactly what happened and she had difficulty speaking coherently, she said. They stitched up the gash in her head, told her she may have a concussion and advised her to rest at home.

The woman did not return to that abusive relationship, but several years later she sustained another serious blow to the head when a different partner threw her out of a moving car.

She doesn’t remember how she got to the hospital, but she had a similar experience with staff at the hospital, where her then-partner urged her not to disclose what happened.

“I remember trying to ask for help and I feel like they treated me like I was intoxicated because I could not speak.”

They gave her an MRI, said she had a concussion, encouraged her to avoid watching television or otherwise straining her eyes and told her she should be fine within a couple of weeks.

‘Debilitating’ symptoms

In addition to assessments of the cause of the injury and the resulting symptoms, the best predictor of sustaining a concussion is having had one previously, said van Donkelaar.

“Each time, you will be less likely to recover fully,” he said, noting that people who have suffered multiple concussions may end up with chronic symptoms such as dizziness, nausea or difficulty concentrating.

“That can be debilitating and absolutely reduce the quality of life in terms of the ability to hold down a job or go to school or parent your children or interact with colleagues and friends.”

The fear and stigmas that make it difficult for survivors to disclose domestic violence mean that brain injury becomes even more invisible, particularly if there’s a more visible injury, like a broken bone, van Donkelaar said.

In response, SOAR is developing resources to help shelter workers and health-care professionals have conversations with survivors of domestic violence to assess whether they might have a brain injury and refer them to the appropriate support services.

WATCH: A survivor explains why leaving an abusive relationship is so hard. Story continues below.

People with brain injuries often need a range of support services, said Mason, from counselling and parenting help to occupational therapy.

This past summer, the Department of Women and Gender Equality gave $1 million over five years to van Donkelaar and Mason’s work, funding they hope to use to provide training for shelter workers in communities across B.C. next year.

The B.C. mother said she still struggles some days but the knowledge, tools and support she has mean she no longer feels guilty or ashamed.

“I was so upset about why I didn’t feel like myself,” she said.

“Now I’m able to say, ‘Well, there’s a reason I can’t do this,’ and there’s forgiveness.”

This story by The Canadian Press was first published Dec. 8, 2019.

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By The Wall of Law December 8, 2019 Off

‘Two Michaels’ approaching one year in Chinese prison

Canadian prisoner Michael Kovrig is trying to hold on to a sense of humour as he and fellow countryman Michael Spavor approach one year in solitary confinement in China, says Kovrig’s current boss.

Kovrig, a diplomat on leave who was working with the International Crisis Group, and Spavor, an entrepreneur, have been imprisoned in China since Dec. 10, 2018. Their detention is widely viewed as retaliation for Canada’s arrest of Chinese high-tech scion Meng Wanzhou on Dec. 1, 2018.

Meng, the chief financial officer of Huawei Technologies, was arrested at the request of the United States, which wants her extradited to face fraud charges for allegedly violating sanctions against Iran.

The incident triggered a diplomatic meltdown between Canada and China, that has also led to the People’s Republic banning some Canadian agricultural products, including canola.

Meng is out on bail and living in a luxury Vancouver home, as her extradition hearing remains before a British Columbia court.

On the one-year anniversary of her arrest, Huawei posted a message from Meng in which she described feeling tormented and helpless, amid long periods of reading novels and oil painting, while watching the dense forests outside her window change to crimson.

Robert Malley, the president of the Washington-based Crisis Group, said he wishes Meng no ill-will but that there’s no comparison between how she and Kovrig and Spavor are being treated.

Kovrig and Spavor have been allowed approximately one consular visit per month by Canadian diplomats. But they have been denied access to lawyers, and all others.

Malley said he hopes Kovrig can at least receive a bit better treatment from their Chinese jailers. And he said that wish extends to Spavor, who has no connection to his organization. The Crisis Group has focused exclusively on the case of Kovrig, who was a specialist on China for the think-tank, and had conducted high-level interviews with Chinese officials over numerous visits.

“I don’t think anyone is expecting they will improve to the point that Ms. Meng is experiencing,” he said. “That would probably be an unrealistic expectation. But at least that he be treated fairly and that he have access to family members, to lawyers, to others and that he could live a little bit more normally than he is today.”

Malley said Kovrig is showing uncommon resilience as he lives in isolation, deprived of contact from his loved ones.

“All of that, obviously, would be taxing on anyone. I do have to say that the way Michael is reacting is nothing short of extraordinary. Maintaining his sense of humour, his sense of perspective, his desire to remain interested in things that are going on around the world.”

Malley offered no other details.

China accuses the two men of spying, while the Canadian government has branded their detentions as arbitrary. There appears to be little movement in the stalemate. China’s new ambassador recently held firm to his country’s hardline position, saying the tension between the two countries could be easily dealt with if Canada simply released Meng.

Malley, who previously served on former U.S. President Barack Obama’s national security council, said Kovrig’s fate is wrapped up in events outside his and Canada’s control.

China and the Trump administration are embroiled in an acrimonious trade negotiation and the U.S. has also banned Huawei from supplying the equipment for its next generation 5G wireless network. The U.S. views the technology as an extension of Chinese military intelligence – an allegation the company denies as baseless.

Canada hasn’t decided whether to allow Huawei to be its 5G supplier, but it is under pressure from the U.S. to block the company. Doing so could anger China even further.

Malley said he always viewed Kovrig winning his freedom as “a function of other factors – the relationship between Canada and the U.S. and China – and that is something that is not under our control.”

“Did I think a year ago, Michael would still be behind bars? Probably not. Again, it’s something that is so much in the hands of the Chinese authorities based on their assessment of how best they assess the relationship with the United States in particular, and the question of Huawei and their CFO.”

On Friday, Conservative foreign affairs critic Erin O’Toole accused the Trudeau government of achieving “zero progress” on winning the release of Kovrig and Spavor as their one-year anniversary approached.

Asked to assess the government’s efforts, Malley replied:

“They have tried everything they can to get him out. I can’t ask for more.”

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By The Wall of Law December 8, 2019 Off

Kovrig clings to humour as ‘two Michaels’ near one year in Chinese prison

OTTAWA — Canadian prisoner Michael Kovrig is trying to hold on to a sense of humour as he and fellow countryman Michael Spavor approach one year in solitary confinement in China, says Kovrig’s current boss.

Kovrig, a diplomat on leave who was working with the International Crisis Group, and Spavor, an entrepreneur, have been imprisoned in China since Dec. 10, 2018. Their detention is widely viewed as retaliation for Canada’s arrest of Chinese high-tech scion Meng Wanzhou on Dec. 1, 2018.

Meng, the chief financial officer of Huawei Technologies, was arrested at the request of the United States, which wants her extradited to face fraud charges for allegedly violating sanctions against Iran.

The incident triggered a diplomatic meltdown between Canada and China, that has also led to the People’s Republic banning some Canadian agricultural products, including canola.

Meng is out on bail and living in a luxury Vancouver home, as her extradition hearing remains before a British Columbia court.

On the one-year anniversary of her arrest, Huawei posted a message from Meng in which she described feeling tormented and helpless, amid long periods of reading novels and oil painting, while watching the dense forests outside her window change to crimson.

Robert Malley, the president of the Washington-based Crisis Group, said he wishes Meng no ill-will but that there’s no comparison between how she and Kovrig and Spavor are being treated.

Kovrig and Spavor have been allowed approximately one consular visit per month by Canadian diplomats. But they have been denied access to lawyers, and all others.

Malley said he hopes Kovrig can at least receive a bit better treatment from their Chinese jailers. And he said that wish extends to Spavor, who has no connection to his organization. The Crisis Group has focused exclusively on the case of Kovrig, who was a specialist on China for the think-tank, and had conducted high-level interviews with Chinese officials over numerous visits.

“I don’t think anyone is expecting they will improve to the point that Ms. Meng is experiencing,” he said. “That would probably be an unrealistic expectation. But at least that he be treated fairly and that he have access to family members, to lawyers, to others and that he could live a little bit more normally than he is today.”

Malley said Kovrig is showing uncommon resilience as he lives in isolation, deprived of contact from his loved ones.

“All of that, obviously, would be taxing on anyone. I do have to say that the way Michael is reacting is nothing short of extraordinary. Maintaining his sense of humour, his sense of perspective, his desire to remain interested in things that are going on around the world.”

Malley offered no other details.

China accuses the two men of spying, while the Canadian government has branded their detentions as arbitrary. There appears to be little movement in the stalemate. China’s new ambassador recently held firm to his country’s hardline position, saying the tension between the two countries could be easily dealt with if Canada simply released Meng.

Malley, who previously served on former U.S. President Barack Obama’s national security council, said Kovrig’s fate is wrapped up in events outside his and Canada’s control.

China and the Trump administration are embroiled in an acrimonious trade negotiation and the U.S. has also banned Huawei from supplying the equipment for its next generation 5G wireless network. The U.S. views the technology as an extension of Chinese military intelligence — an allegation the company denies as baseless.

Canada hasn’t decided whether to allow Huawei to be its 5G supplier, but it is under pressure from the U.S. to block the company. Doing so could anger China even further.

Malley said he always viewed Kovrig winning his freedom as “a function of other factors — the relationship between Canada and the U.S. and China — and that is something that is not under our control.”

“Did I think a year ago, Michael would still be behind bars? Probably not. Again, it’s something that is so much in the hands of the Chinese authorities based on their assessment of how best they assess the relationship with the United States in particular, and the question of Huawei and their CFO.”

On Friday, Conservative foreign affairs critic Erin O’Toole accused the Trudeau government of achieving “zero progress” on winning the release of Kovrig and Spavor as their one-year anniversary approached.

Asked to assess the government’s efforts, Malley replied:

“They have tried everything they can to get him out. I can’t ask for more.”

This report by The Canadian Press was first published Dec. 8, 2019.

Mike Blanchfield, The Canadian Press

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By The Wall of Law December 8, 2019 Off

Kovrig clings to humour as ‘two Michaels’ near one year in Chinese prison

OTTAWA — Canadian prisoner Michael Kovrig is trying to hold on to a sense of humour as he and fellow countryman Michael Spavor approach one year in solitary confinement in China, says Kovrig’s current boss.

Kovrig, a diplomat on leave who was working with the International Crisis Group, and Spavor, an entrepreneur, have been imprisoned in China since Dec. 10, 2018. Their detention is widely viewed as retaliation for Canada’s arrest of Chinese high-tech scion Meng Wanzhou on Dec. 1, 2018.

Meng, the chief financial officer of Huawei Technologies, was arrested at the request of the United States, which wants her extradited to face fraud charges for allegedly violating sanctions against Iran.

The incident triggered a diplomatic meltdown between Canada and China, that has also led to the People’s Republic banning some Canadian agricultural products, including canola.

Meng is out on bail and living in a luxury Vancouver home, as her extradition hearing remains before a British Columbia court.

On the one-year anniversary of her arrest, Huawei posted a message from Meng in which she described feeling tormented and helpless, amid long periods of reading novels and oil painting, while watching the dense forests outside her window change to crimson.

Robert Malley, the president of the Washington-based Crisis Group, said he wishes Meng no ill-will but that there’s no comparison between how she and Kovrig and Spavor are being treated.

Kovrig and Spavor have been allowed approximately one consular visit per month by Canadian diplomats. But they have been denied access to lawyers, and all others.

Malley said he hopes Kovrig can at least receive a bit better treatment from their Chinese jailers. And he said that wish extends to Spavor, who has no connection to his organization. The Crisis Group has focused exclusively on the case of Kovrig, who was a specialist on China for the think-tank, and had conducted high-level interviews with Chinese officials over numerous visits.

“I don’t think anyone is expecting they will improve to the point that Ms. Meng is experiencing,” he said. “That would probably be an unrealistic expectation. But at least that he be treated fairly and that he have access to family members, to lawyers, to others and that he could live a little bit more normally than he is today.”

Malley said Kovrig is showing uncommon resilience as he lives in isolation, deprived of contact from his loved ones.

“All of that, obviously, would be taxing on anyone. I do have to say that the way Michael is reacting is nothing short of extraordinary. Maintaining his sense of humour, his sense of perspective, his desire to remain interested in things that are going on around the world.”

Malley offered no other details.

China accuses the two men of spying, while the Canadian government has branded their detentions as arbitrary. There appears to be little movement in the stalemate. China’s new ambassador recently held firm to his country’s hardline position, saying the tension between the two countries could be easily dealt with if Canada simply released Meng.

Malley, who previously served on former U.S. President Barack Obama’s national security council, said Kovrig’s fate is wrapped up in events outside his and Canada’s control.

China and the Trump administration are embroiled in an acrimonious trade negotiation and the U.S. has also banned Huawei from supplying the equipment for its next generation 5G wireless network. The U.S. views the technology as an extension of Chinese military intelligence — an allegation the company denies as baseless.

Canada hasn’t decided whether to allow Huawei to be its 5G supplier, but it is under pressure from the U.S. to block the company. Doing so could anger China even further.

Malley said he always viewed Kovrig winning his freedom as “a function of other factors — the relationship between Canada and the U.S. and China — and that is something that is not under our control.”

“Did I think a year ago, Michael would still be behind bars? Probably not. Again, it’s something that is so much in the hands of the Chinese authorities based on their assessment of how best they assess the relationship with the United States in particular, and the question of Huawei and their CFO.”

On Friday, Conservative foreign affairs critic Erin O’Toole accused the Trudeau government of achieving “zero progress” on winning the release of Kovrig and Spavor as their one-year anniversary approached.

Asked to assess the government’s efforts, Malley replied:

“They have tried everything they can to get him out. I can’t ask for more.”

This report by The Canadian Press was first published Dec. 8, 2019.

Mike Blanchfield, The Canadian Press

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