[Action-forum] Parent of disabled child sued for defamation by OCDSB
Jane Scharf
N E W S R E L E A S E FOR RELEASE
APRIL 24,2006
Teach Me I Can Learn
OTTAWA - The entire Paquin family will be attending a special public meeting
at the Ottawa Carleton District School Board (OCDSB), 133 Greenbank Rd.,
Ottawa, Ontario scheduled for April 26, 2006 at 7:30 p.m. to demand an end
to ongoing harassment of the family for having spoken out publicly about
their concerns regarding the past treatment of their 13 year old daughter
Nicole who has Downs¹ Syndrome. Supporters of the family will also be in
attendance to express their concerns about the OCDSB suing families of
disabled children who complain publicly about their difficulties.
(supporters will form an information picket outside at 7:00 p.m.)
Nicole Paquin a 13 year old student of the OCDSB with Downs syndrome was
hurt during a physical restraint for non-compliance performed by Principal
Joan Wilson on October 27, 2004.
Nicole¹s mother Lorraine Paquin and her advocate Jane Scharf are being sued
for defamation by the OCDSB for a press release written and disseminated by
Scharf outlining the difficulties the family was having with the OCDSB in
regards to the mistreatment of their daughter Nicole.
1 November 2004 Ottawa Police Services Investigative Action GO#2004-305373
<http://members.tripod.com/nicolepaquin1/investigativereportp17.pdf>
2 November 2004 Ottawa Police Services Concluding Report GO#2004-305373
<http://members.tripod.com/nicolepaquin1/policereportp18.pdf>
For all lawsuite documents
(http://members.tripod.com/nicolepaquin1/index.html)
Although Paquin and Scharf are prepared to demonstrate the truthfulness of
this claim with witness and documentary evidence they have just learned of a
recent decision Montague Township v. Page (February 2006) which found it is
a constitutional violation of the right to freedom of expression for the
government to sue a citizen for defamation.
Paquin has had to spend approximately $20,000.00 on her legal defense from a
line of credit against her house and the OCDSB is threatening to use its
deep pockets to drag this out until she looses her home. The OCDSB solicitor
John Summers of Bell Baker Barristers and Solicitors has advised that the
Board has spent over $50,000.00 pursuing this action thus far.
Justice Kenneth Peddlar of the Ontario Superior Court of Justice found, ³In
a free and democratic system, every citizen must be guaranteed the right to
freedom of expression about issues relating to a government as an absolute
privilege without threat of civil action for defamation being initiated
against them by that government,²
OCDSB Chair Lynn Graham and Director Lorne Rachlis have both been contacted
officially in writing on April 6, 2006 and asked to withdraw this lawsuit in
light of this court decision. The OCDSB responded on 18 April 2006 and
advised that they will seek further damages for ongoing defamation if this
press release is sent out. And John Summers responded further on April 24
that they would not be dropping the lawsuit based on Montague v. Page
because the school Board is not a government entity and therefore is not
obligated to respect freedom of expression protected by the charter of
rights.
A summary of this test case can be found at
http://www.nupge.ca/news_2006/n05fe06a.htm
<http://www.nupge.ca/news_2006/n05fe06a.htm>
The statement of claim and defense can be found at
http://members.tripod.com/nicolepaquin1/index.html
For more information contact: Jane Scharf at 740-1146, Lorraine Paquin at
821-0884, Lorne Rachlis, Director of Education at 721-1820, OCDSB, Chairman
of the Board Lynn Graham at 730-3366, OCDSB Solicitors Roger Mills or John
Summers at 237-3444
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