Ontario introduces new laws to protect women, children in custody
Restraining orders to be made tougher
Last Updated: Monday, November 24, 2008 | 12:43 PM ET
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Katelynn Sampson, shown in an undated photo, was found dead Aug. 3 in the home of her caregivers, who have both been charged with second-degree murder. (CBC) Almost four months after the shocking death of seven-year-old Katelynn Sampson, Ontario Attorney General Chris Bentley says he will take action to make sure nothing like it happens again.
Legislation introduced on Monday, said Bentley, will change the way custody is awarded in Ontario. From now on, background information, plus a police check is going to have to be given to the judge.
Information "about a violent history, about concerns in prior court files, or in Children's Aid Society files" will be available to the courts, he said.
According to police, Katelynn had been abused for some time and subjected to poor living conditions before she died on Aug. 3. She was being cared for by friends of the child's mother.
Donna Irving, 29, who had a history of criminal convictions for violent crimes, was granted custody of Katelynn on June 6. She has been charged with second-degree murder in the girl's death. Irving's boyfriend Warren Johnson has also been charged with second-degree murder.
The judge who gave custody of the child to Donna Irving and Warren Johnson never probed Irving's history of drug abuse, or asked how the couple were going to look after her.
Katelynn's mother, Bernice Sampson, told Ontario Court Justice Debra Paulseth on Feb. 29, during the first of three custody hearings, that she couldn't take care of her daughter and wanted Irving to have custody while she was dealing with some personal problems.
According to the court transcripts, Sampson told Paulseth that she and Irving had been "friends from a long time. Yeah, for almost 15 years."
Asked why she chose Irving to look after Katelynn, Sampson said, "She's my friend."
"She's your friend," Paulseth said.
"Yes, she's my best friend," Sampson said.
Transcripts show that Paulseth also asked if Irving had help to raise Katelynn. Sampson said Irving had a partner. Asked if she liked Irving's partner, Sampson said, "Oh yes, no problems. Yes, I do."
Changes for restraining orders
Bentley also announced other changes, including toughening up of restraining orders.
Police will now enforce violations as Criminal Code offences.
"We're providing for the right to apply for an order in urgent circumstances, without the other party being there," said the minister.
The legislation also makes provision for easier division of assets in cases of divorce.
Lawyer Laurie Pawlitza, who specializes in family law, said the changes will affect every divorce and separation in the province.
"The parties will not longer have to use actuaries, and pay out money they possibly don't have," she said.
The new law will also make it mandatory for parents paying child support to file annual income reports.
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