Free James McFadden

Ian and James McFadden, from the website http://freejames.webs.com

Please click here for the latest update (July 2) on this story

Update from the May 3 court appearance where Ian requested the protection order be set aside: Ian appeared before a judge asking that the Ministry’s request for a protection order be set aside (or ‘buried’ as the attorney called it.) The judge flipped through Ian’s affidavit and informed him that he should submit at the trial on August 30. That’s four months more for James in foster care. Ian’s affidavit included a mental assessment that proves there is no grounds for the protection order, as well as other evidence proving that the ministry is acting on false information. James has already been in foster care for 6 months.

James is back in Canada and is in the care of people than Ian seems to know…Ian visits him on the weekends.

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You may remember back in October 2011 when the Westshore RCMP, (headquartered in Langford, BC) issued an Amber Alert for a 9-Year old boy who had traveled across the border into Seattle with his father.

“Out of an abundance of caution, we want to connect with Ian and James (McFadden), and ensure that they are safe”, said Cpl. Darren Lagan with the Vancouver Island RCMP.

The RCMP stated that based on information provided by people ‘familiar with the pair’ that there were concerns for the well-being of the child.

Just a couple days later there appeared in the media updates informing us that Ian McFadden (who has sole custody) had contacted family from Los Angeles.

The Amber Alert was called off, and the police informed the media that there was no crime committed and they were satisfied that there was no longer a need to ask for public assistance in locating the pair.

Despite some unanswered questions, most of us forgot about this news, but it turns out that we were never fully informed what had happened, and indeed, this story continues to this day.

According to Ian McFadden, via Facebook, James remains in Foster Care in Carson City, California; a situation that Ian refers to as an abduction and captivity.

According to an affidavit that Ian submitted to Provincial Court of British Columbia on April 26, 2012, the LAPD provided false information, leading to the boy’s apprehension.

Ian’s affidavit includes ‘exhibits’ (from the same sources that LAPD claimed to have based the apprehension on) which Ian says directly contradict the information provided about his behaviour and mental state that day, as well as information about the child’s country of residence and the family’s housing situation, both of which were supposed factors in the apprehension.

The BC Ministry of Children and Families is seeking a protection order, now that the boy has been returned (or is being returned), and the case will be heard Thursday May 3, 2012 at 2:00pm on the second floor of the Victoria Courthouse.

I have not met or spoken to Ian, but a good friend of mine who knows him says: “Ian is an honorable man. this is unjust.”

He has certainly raised some interesting points that makes me curious for more information…(scroll down for Ian’s affidavit and statement at the bottom of this article)

I intend to attend the hearing to gather more information, and will report back.

One of the many reasons that this story interests me is the alarming rate of indigenous children in foster care in this country.

I’ve heard it said many times that “more First Nations children are in the care of children’s aid societies today than were forced to live in residential schools at the height of that shameful chapter in Canadian history.”

According to a report published in 2008 by the Institute for Research on Public Policy, one in 10 First Nations children is in government care, or about 27,000 across Canada. (That’s three times as many children as were shipped off to residential schools at the peak of their operation in 1948 and 1949)

First Nations children receive an average of 22 per cent less for child protection services than non-indigenous children and are ten times more likely to be in foster care.

More than half of the 9,271 children in foster care in British Columbia as of November 2006 were indigenous, according to Broken Promises: Parents Speak About B.C.’s Child Welfare System, A report released on February 20, 2008 by the Vancouver-based Pivot Legal Society.

While mental health is the claim being made by the ministry for this apprehension, poverty is the number one reason indigenous children are being removed from their families, which is highly ironic, given that it is more expensive to apprehend and ‘protect’ the child in foster care than to lift the family out of poverty.

Also, the First Nations Child and Family Caring Society of Canada as well as the Assembly of First Nations have been saying for years that the federal government would be better off funding prevention services and supports for families, rather than paying for foster care.

These two groups have just won a court victory that will see this issue go before the Human Rights Tribunal again. The allegation being made is that “the federal government is discriminating against First Nations children by not properly funding services available to families on reserves or offered to First Nations children in Canada…this under funding leads to poverty, poor housing, substance abuse and results in more First Nations children being reared as Crown wards or in foster care.”

So it behoofs us as Canadians to take an interest in these types of situations and ponder what can be done to put an end to the injustice that is occurring.

Below is Ian McFaddens’s description of the situation, from his website (dated January 4, 2012), and following that, text of his affidavit, taken from a Facebook post. It’s not expected that the media will be able to get any comment on this from the Ministry, as they tend not to comment of cases like this.

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“All are welcome to come and observe the greatest exposed example of injustice as it is being carried out in front of the public eye. All are welcome to observe for any purpose.

in the matter of The Ministry vs McFadden(James),

9 yrs old at the time of initial “detention.”

He is now 10.

I am yet to ever know of a more innocent person to stand trial.

please feel free to share this as far and wide if you so wish, as this may be his last chance for others to observe the evidence presented in court.

If you are unable to attend, perhaps consider a small prayer or good thought of encouragement and protection at this time. Thank you, thank you, thank you. Love and light all my relations.

First Nations Child With Residence In Canada Stolen by US Authorities While on Holiday: LAPD Lists Child As Homeless To Justify Abduction

Wednesday, January 4, 2012, written Ian McFadden (website)

My son James McFadden and are currently undergoing arbitrary and questionable acts founded on a false amber alert originating in Victoria BC Canada. James is currently being confined to a foster home in Carson California, USA, while I have since returned home to Canada where we are both originally from and expect to attend trial later this month in Los Angeles to get him back.

Our intended week-long holiday in Los Angeles, California USA has resulted in becoming the worst nightmare we have had to face in our lives. Slandered across International Headline news, we were both taken into custody by members of the LAPD without cause and listed as homeless to justify the abduction. I was drugged against my will and my son was administered noxious substances.

On October 8 2011, Thanksgiving day long weekend for Canadians, my son and I left with the hopes of visiting Disneyland. We expected to make it back with plenty of time for Halloween. This was nothing new to us, as we took numerous trips throughout the year.

Within only hours of our departure, a member of the RCMP police force in Victoria contacted over 27 Media outlets across Canada and the US announcing there was a full-scale amber alert search for James and I.

The following day, we talked to friends on the phone who informed me that we were on the news as missing, so we stopped in a lawyer’s office. My friends contacted authorities and the news agencies reported the “search was called off.”

On October 13, 2011 we visited my son’s old school to visit friends we hadn’t seen in over two years. Our short visit with staff was initially quite pleasant; they were excited and happy to see us, as we were to see them again after two years. Two members of the LAPD police force arrived at the school, placed me in handcuffs, and put us both in the back of their car. They took us to the police station without telling us why, or asking us any questions.

At this point I didn’t know what to expect, but I knew it was not going to be according to statutory laws of “to serve and protect” that these “officers” were expected to follow. I assured James that I love him, not to worry, and promised that what ever happens we would be back together soon.

Once we arrived at the police station I wasn’t allowed to make a single phone call. Instead, I was injected with what doctors referred to as a “cocktail” of three different drugs against my will, strapped to a gurney and taken in an ambulance to a mental hospital where they continued to inject me with more drugs. They listed me as homeless to justify holding me captive for two weeks and refused to tell me the whereabouts of my son.

Meanwhile, my son was placed in foster care and appeared in court as though he is a “US resident.” Social workers knowingly produced false information in order keep him in the American foster care system, as well as prevent his case from being heard under the jurisdiction of the Indian Child and Welfare Act(ICWA). James is “federally recognized” as an Indian person, with Tsimshian on his father’s side and Chippewa on his mother’s.

At both preliminary hearings in court on November 23 and December 20 2011, lawyers representing social workers, my son, and myself unanimously motioned the case be dismissed and instead the “commissioner judge” set a trial date for January 27 2012 to determine whether James and I will be reunited.

I have maintained sole custody of my son since he was a child and this is horrible injustice. It is a violation of our human rights and civil liberties. While in Los Angeles I was denied assistance from the Canadian Embassy and so far we have not received any assistance in any capacity from our Metlakatla Indian Band(British Columbia) despite making numerous phone calls to “administrators.”

We are desperately seeking assistance in this matter and appreciate every effort made by anyone to help get James returned home as soon as possible before he suffers any further. He has been subjected to bullying in the foster care he is placed in and deserves to be returned to his family who loves and misses him.

SOCIAL WORKER CURRENTLY MANAGING THE CASE:
Sherri Cupit, BSW(social worker)
Ministry of Children and Family Development, Aboriginal Services
telephone: 250-952-4041
fax: 250 952-4151

Mailing Address:
PO Box 9710 Stn Prov Govt
Victoria BC V8W 9S1

location:
First Floor, 1195 Esquimalt Road Victoria

****EXPARTE ORDER FILED*****

the following is a type-written trasncribed format of the affidavit filed before the “Provincial Court of British Columbia” Victoria Courthouse on April 26, 2012:

The parent and rightful guardian of James McFadden requests to vary or set aside the order requested by Kelly Knudsen on behalf of the Director of the Ministry of Children and Families, Victoria BC to seek a protection order of the said child, as filed under the authority of the Child, Family, and Community Service Act, under section 30(s.30)(where the Director has reasonable grounds to believe the child needs protection and, no less disruptive available measure is adequate to protect the child.)

At the hearing held January 31, 2012 and the following hearings on the said matter I was denied reasonable opportunity to speak on my behalf and present evidence relevant to the said matter. This evidence presented here in this affidavit demonstrates that the grounds for protection were based on a falsified report.

Exhibit “A” demonstrates the allegation(s) in the file this said order was based upon: “The child, James G. McFadden’s father, Ian McFadden has mental and emotional problems including delusions and paranoia, which render the father unable to provide regular care of the child. On 10/13/2011, the father was involuntarily hospitalized for the evaluation and treatment of the father’s psychiatric condition. Such mental and emotional condition on the part of the father endangers the childrens physical health and safety and places the child at risk of physical harm and damage.”

Exhibit “B” demonstrates the evidence provided and measures taken to determine the said allegation:
“On 10/13/11, a referral was generated due to father being detained by the Los Angeles Police Department Pacific Division, for a mental health assessment. Child, James, was placed in protective custody. It was reported that father walked into two schools, with James, appearing to have mental health issues. Reporting Party(RP) stated that father claimed to be the Messiah and that he wanted to talk to the U.S. Federal Marshalls to report a crime. RP added that when he attempted to speak to James, father interrupted and said that the RP needed permission from the Messiah(father) to speak to James. It was also reported that father and James are currently homeless as they are originally from Canada. Father was assessed by the MEU and placed on a 5150 hold. Father was then transferred to the mental ward at USC Medical Center.”

Exhibit “D” demonstrates that Braddock Elementary School, one of the two sources cited by the Los Angeles Police Department Incident Recall, dated 10/13/11, did not call police and further recognizes that Ian McFadden is a “normal parent” and confirmed there was no mention of a supposed “Messiah.”

Exhibit “E” demonstrates that Ocean Charter School, the other source cited by Officer Ibarra in the aforementioned “Incident Recall” did not state to any effect that the accused, Ian McFadden “claimed to be the Messiah” and confirms there was no mention of “an appearance of having mental issues.”

Exhibit “F” demonstrates a pattern of false evidence presented by the Los Angeles Police Department describing Ian McFadden and his son as “A1942 Transient LA” which led to the accused and child being recognized as “homeless residents of California.”

Exhibit “G” demonstrates the Director of the Ministry of Children and Families provided false news by knowingly passing false information which contributed to harmful actions being carried out by authorities in Los Angeles Califnornia by recognizing Ian McFadden and James McFadden as “not residents of British Columbia,” while at the same time suggesting to arbitrarily transfer the proceedings in Los Angeles against the aforementioned father and son. The Director of the Ministry of Child, Family, and Community Services that “the child be repatriated” while at the same time suggesting there be no involvement inclusive of the rightful legal custodian and guardian of the child, James McFadde who is recognized as Ian McFadden, his father.

Exhibit “H” demonstrat the es that Ian McFadden has sole custody of the child as ordered by the Honorable and Highly respected, dearly beloved Judge Kay in the Provincial Court of British Columbia, Victoria Courthouse.

Exhibit “I” demonstrates that the Department of Child and Family Services recommended their own petition which detailed the allegations supporting the removal and detainment of the child James McFadden be dismissed prior to the existence of any order filed in British Columbia in retaliation to the question of custody. It also demonstrates the Department of Child and Family Services followed the direction of the Director of Child and Family Community Services in Victoria by suggesting that the child James McFadden be arbitrarily transferred from Los Angeles, California, USA jurisdiction to Victoria, BC Canada jurisdiction while observing their own knowledge that due process would suggest “repatriation.”
It also demonstrates an absence in signature by a “Judicial Officer” which questions whether or not any legal documentation was provided by the Los Angeles “DCFS” to the Director of the Ministry of Child, Family, and community Services, nor was there interest on the part of the Victoria “Director” to secure proper legal documents to see to the best interests of James McFadden.

Exhibit “J” demonstrates that Ian McFadden, referred to as “the Claimant has sole custody of the child”and the order filed by Ian McFadden recognized that MCFD intends to remove the child from “the Claimant upon the child’s return to jurisdiction.”
This demonstrates the resulting knowledge of the Director of MCFD that child was required under the order being sought by “The Claimant” that the child be repatriated to Ian McFadden before any further action be taken by any said “director”.

Exhibit “K” demonstraights the resulting order that resulted in Ian McFadden being absent from the order being obtained through Supreme Court of British Columbia on January 23, 2011.

Exhibit “L” demonstrates that Kelly Knudsen, intake social worker assigned to the case by the Director of Ministry Child, and Community Services filed a presentation form admitting that the child was removed based on the form admitting the child (removed based upon the presentation form admitting the child was removed based on the presented evidence in the aforementioned exhibits.

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