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“All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident.” - Arthur Schopenhauer (1788-1860)

“‘Tis strange – but true; for truth is always strange; Stranger than fiction.” - British poet Lord Byron (George Gordon Byron)

A lot of evidence concerning abuse and corruption connected with Children's Aid/Children Services/CPS and the various related government departments and non-government organizations (NGOs) has surfaced in both the U.S. and Canada - yet, over the years, nothing changed.

This indicated that there was a larger more powerful connection at play. It did not take long to find this bigger connection. However, in the early years, there were few people who would accept the reality of these larger global connections.

Most people do not want to believe that corruption and abuse against innocent families and children exists in Canada and the U.S.. They need to feel a sense of security in the society they live in, and that need is so great that most people will prefer to believe a lie rather than face the truth. They want to believe that such things only exist in third world countries !

Understanding that even the basics of the wickedness in Nova Scotia, Canada was hard for most people to accept, we originally limited the information we posted to local concerns. This way, at least, we hoped that we could begin educating Nova Scotians about the reality of abuse and corruption connected with Children's Aid/Children Services/CPS.

However, it broke our hearts to find testimonies from parent groups throughout North America and beyond who had worked years to inform the public and had attemped to change the system, as we had, with no success. They were frustrated and did not understand why, despite all the evidence that had come forward, nothing was done, nothing changed.

We felt they were owed an explanation, so, hopefully, now is the time for people to hear and accept the "Bigger Global Picture".

The powerful connections that are responsible for abusing our innocent families and children go to the highest levels that hides behind secrecy and secret organizations.
Countless people will hate the New World Order and will die protesting against it. When we attempt to evaluate its promise, we have to bear in mind the distress of a generation or so of malcontents, many of them quite gallant and graceful-looking people." ~ H. G. Wells (1939)

Finally alternate media, first hand testimonies from people coming out of these evil organizations, and countless politicians began now declaring openly the plan for a New World Order and a one world government. Because of this, it is hoped that people will accept the evidence we are now posting concerning this evil global connection. Please view topics under "Bigger Picture" , "Agenda 21" , "Democracy Destroyed" etc .

Because of the push to form a One World Government, we are all connected in our struggle. What is being done elsewhere is being, or will be, done to us because it is the same global power which is working towards the destruction of our families and our children worldwide - And the corruption in Children's Aid/Children Services/CPS is is just one of the instruments they use to achieve this goal.

Thus far there are at least 8 powers that are struggling for this one world domination: the Illuminati, Communism, the Vatican, the Masons, the Islam extremists (understand these Islam extremists are killing fellow Islamic people who do not agree with their extreme views) and India, China, and Russia. They all use and manipulate each other but, ultimately, each wants ultimate control.

In the Christian Bible, it is prophesied that an evil Anti-Christ will set up a one World government utilizing a one world religion where all the people of the world will eventually be forced to worship him alone. It is difficult, at this time, to determine, for certain, if this Anti-Christ raises up from any of the 8 powers mentioned above or elsewhere. Please link here if you are interested in learning more about the Anti- Christ.

Over the years, we have seen the voice of the people shut down: Newspapers, and Radio stations, that were willing to write and broadcast critical articles and interviews against Children Services/CPS and government folded. And radio/media personalities, who allowed people to speak out against Children Services/CPS and the government, lost their jobs or were heavily curtailed.

Both the US and Canada have passed laws to remove our right and freedoms, including free speech: the Patriot Act, numerous Executive Orders nullifying the US Constitution. The latest US government grab for power is the NSAA that would allow the US government to put any US citizen in indefinate detention without charges or a trial.

Oath Keepers (military police and sheriffs loyal to the US Constitution - ready to defend the people against enemies "foreign or domestic" ) and some congress people, senators and US States have also taken a stand. Even concerned individuals have gone to the courts to fight the NSAA.

We believe the internet, as we know it, soon will be limited. Eventually internet use will be removed completely from the hands of the people. The time is short. The time to get this information out is now. No one is immune from the abuse of Children Services /New World Order/Agenda 21 etc. The victims can be your family, your children, your grandchildren, your nieces and nephews etc.

You cannot move away from this threat - It is global !You must not put your head in the sand! - There is a global plan to destroy the family unit and physical, sexual and mental abuse is an essential part of Trauma-Based Mind Control, one of the many mind control programs used by this global system to destroy our children. They are also using the more insidious Neuro Linquistic Programing (NLP) to alter people's value system. But the current and planned use of Electronic, Psychotronic Mind Control which can be used on people in mass is the most alarming of all ! Please view the many topics on this site under the title MIND CONTROL.

They want our children to rebel against us. They want the new generation to view the "state" as their parent.

But worse than all this, they want to kill off most of the people on this planet, and all under the guise of environmentally saving the planet. We have been declared the enemy - They openly state that we, and our children must be sacrificed for the greater good.

If this sounds extreme to you then it is because you have not been paying attention to the world events that are unfolding before your very eyes. You have been lulled into ignorance and apathy. The expansion of sports and sports arenas, the addiction to various social networks, the focus on celebraties on so called "news" shows. This has all been designed to placate the masses and to get your focus off politics and the changes that are being done to you and your family. Your attention has also been diverted to worrying about the economy and an "enemy" that shifts and changes to suit the political manipulating whims of a small powerful elite. - and this spell has been caste over you "by design". The people in the highest realm of this global power call us "stupid sheep", and we are being lead to the slaughter !

You must wake up NOW! Time is VERY short ! I suggest you start with the several topics listed under "Agenda 21" :

1. AGENDA 21/ Sustainable Development Explained: North America - US - Canada - Nova Scotia (It is recommended that you read this 1st)

2. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Population Cut/ Cull (kill) Part 1
(They want to kill us, You should question, Vaccines, Fluoride, Water, GMOs, Chemtrails, Morgellons - GMO/Chemtrail desease.

3. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Population Cut/ Cull (kill) Part 2
(Morgellons, Meat, Aspartame, No home gardens, Planned vitamin, mineral and organic food ban, Smart meters, Cancer cures, Pollution free energy and cars, Abortion, After birth abortion, Denying medical care, Killing our own troops, Gun control)

4. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Pushback - People are waking up Part 1
(States, Governors, Sheriffs, )

5. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Pushback - People are waking up Part 2
(Militia, Military, Whistleblowers)

6. Agenda 21/Sustainable Development: The Bigger picture

7. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Political Takeover

8. AGENDA 21/ SUSTAINABLE DEVELOPMENT: Canada - New World Order (NWO)

If we do not WAKE UP, fight back, and win then you need to seriously prepare yourself and your family for, incarceration without trial, torture, persecution, and even death.

Did you know that Obama has declared Christians to be "potential domestic terrorists"? - Especially those who believe in the promised Second Coming of Jesus Christ, who, as it happens, according to the Bible, comes to put a stop to an evil one world government. http://youtu.be/c0kiSGKbljs

Maybe some of these Christians and Messianic Jews know something that is very important for these times and perhaps we should pay attention to what their holy books have to say about the "End Times" "End of the Age" etc. (the 3 1/2 to 7 years just before the return of Yeshua Ha Mashiach/ Jesus the Messiah or Anointed One.

For those who want to check this out, please LINK HERE (scroll down to topic list on the right) . Beautiful pictures, fab songs, great testimonies from ex- satanists, ex-witches, ex-illuminati, ex-islamists, Christ believing Jews, etc, archeological evidence for Biblical events and most important scriptures to help you, encourage you and guide you.

May you find the path to the Creator of the heaven and earth. He foresaw these days (view topics on the "End Times" in the link above) we are living in right now and He has instructed us clearly on what we must do and what we are NOT to do. ( "The Mark of the Beast" View all scriptures on this subject HERE Revelation 13: 11-17, 14: 9-11, 16: 2, 19:20, 20:4 . Acceptance of the mark is not a matter to be taken lightly. The Bible states that anyone who accepts the mark, that one must have to buy or sell, denies Christ in favor of a false god. This decision, once made, is irrevocable, and the consequences are everlasting. - ( LINK HERE to read in context with fab pictures and music)

Get yourselves educated. Get familiar with the law and the illegal and unconstituional actions of your government . Educate yourselves about the New World Order and Agenda 21. Get vocal with the government to protect your family and children. Get into the family court and bear witness to what is going on in the name of "justice".
Above written by - Reverend Niemoeller, a German Lutheran pastor who was arrested by the Gestapo and sent to the concentration camp Dachau in 1938.

Monday, August 27, 2007

25. Justice dismisses 3 Appeals by Minister of Community Services

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Justice dismisses 3 Appeals by Minister of Community Services



Date: 2007,07,19
Docket: CA 279542
Registry: Halifax

Between:

Minister of Community Services
Appellant
v.
A.K.S.
Respondent

Restriction on Publication: Pursuant to s. 94(1) Children and Family
Services Act.

Judge: The Honourable Justice M. Jill Hamilton
[The Honourable Marlene Jill Hamilton of the Nova Scotia Supreme Court (Trial Division) was appointed a Judge of the Nova Scotia Court of Appeal on Oct. 31, 2001.]

Appeal Heard: June 15, 2007

Subject: Secure treatment, s. 56(3) of the Children and Family Services Act.

Summary: The Family Court judge refused to place a 14 year old who was in the temporary care and custody of the Minister in secure custody for 30 days. There was no formal medical diagnosis before the judge relating the young person. Both parties took the position no formal medical diagnosis was required. The judge dismissed the Minister’s application on the basis the evidence before her did not satisfy her that the youth was suffering from an emotional or behavioural disorder as required by s.56(3)(a) of the Act.

Issue: Did the judge err in holding that there must be a formal medical diagnosis by a psychologist or psychiatrist that the youth was suffering from a specific emotional or behavioural disorder before secure treatment could be ordered? Did the judge err by overlooking or giving no weight to material evidence?

Result: Appeal dismissed. The judge did not find that there was a prerequisite for a formal medical diagnosis. Nor did she make a palpable and overriding error by overlooking or giving no weight to material evidence.

This information sheet does not form part of the court’s judgment. Quotes
must be from the judgment, not this cover sheet. The full court judgment
consists of 9 pages.

NOVA SCOTIA COURT OF APPEAL
Citation: K.L.M. v. Nova Scotia (Community Services),
2007 NSCA 77

Date: 2007,06,26
Docket: CA 280831
Registry: Halifax

Between:

K.L.M. & D.M.
Appellants
v.
Minister of Community Services
Respondent

Restriction on publication: Pursuant to s. 94(1) Children and Family
Services Act.

Judge: The Honourable Justice M. Jill Hamilton

Application Heard: June 14, 2007, in Halifax, Nova Scotia, In Chambers

Held: Application dismissed

Counsel: Fergus Ford & Kelly Ryan, Articled Clerk,
for the appellant K.L.M.
D.M. unrepresented appellant, not appearing
Katherine Carrigan, for the respondent


Decision:

[1] The appellants are the parents of a young son who Justice N. M. Scaravelli
of the Nova Scotia Supreme Court
ordered be placed in the permanent care and
custody of the Minister by order dated April 10, 2007
.
While unrepresented by counsel the parents filed a notice of appeal with the Court on May 10, 2007 in which they gave notice that they would be seeking dates for the hearing of their appeal in Chambers on May 17, 2007.
A copy of the notice of appeal was received by the Minister on May 11, 2007, one day after the Civil Procedure Rules require that the notice of appeal be served on her.
Neither parent appeared in Chambers on May 17. K.L.M. phoned the Court in advance and indicated they were seeking counsel.
The Minister indicated that the transcript of the hearing before Justice Scaravelli could not be made available to the appellants until July 3, 2007.
The matter was adjourned to May 24, 2007 when again neither parent appeared.

Following Chambers on May 24 the deputy registrar of the Court wrote to the
parents stating that they must attend Chambers on May 31, 2007 with or without
counsel or their appeal could be dismissed for failure to prosecute
as the Minister
had indicated her wish to have the appeal dismissed for want of prosecution
.
The parents did not appear on May 31 and the Minister advised that she would be
making an application to dismiss which she subsequently d
id
.
By the time the Minister’s application was returnable on June 14, 2007, K.L.M. had retained counsel who filed an affidavit setting out the reasons for his client not appearing prior to that date. Neither D.M. nor counsel on his behalf has yet appeared.

[2] The Minister sought a dismissal of the appeal either
(1) on the basis the appeal was deemed to be dismissed pursuant to Rule 62.03A(4) because the parents did not appear in chambers within 10 days of filing their notice of appeal to have the dates set for the appeal to be heard or
(2) under Rule 62.17 because they failed to prosecute their
appeal in a timely fashion.

[3] Rule 62.03A provides:
(1) An appeal pursuant to section 49 of the Children and Family Services Act, shall be brought by filing a notice of appeal in Form 62.03A with the Registrar within thirty (30) days of the date of the order appealed from.
(2) A notice of an appeal pursuant to section 49 of the Children and Family Services Act shall be served within the time prescribed by rule 62.03A(1) and as prescribed by rule 10.12, on the Minister of Community Services, the court officer of the court appealed from, and on all other parties in the proceeding in the court appealed from.
(3) The notice of appeal in an appeal pursuant to section 49 of the Children and Family Services Act, shall include a notice of intention to apply to a Judge to set down the appeal for hearing by the Court and to give directions as to the appeal book and factums to be filed by the parties with the Court for the appeal.
(4) The application shall be made to a Judge in Chambers no later than ten days
following the filing of the notice of appeal, failing which the appeal shall be deemed dismissed unless a Judge otherwise orders.
[Emphasis added]

[4] Rule 62.17 provides:
(1) If an appellant fails to observe rule 62 in preparation or prosecution of the appeal, the respondent may apply to a judge to set down the appeal for hearing or, if seven (7) days' notice has been given, to dismiss the appeal.
. . .
(3) If rule 62 has not been complied with in the preparation or the prosecution of an appeal, a Judge on the application of a party or of the registrar may direct perfection of the appeal, or may set the appeal down for hearing or, on seven (7) days' notice to the parties, may dismiss the appeal.
(4) In this rule 62.17 a "perfected appeal" means one wherein the appellant has complied with the rules as to (a) the form and service of the notice of appeal, (b) the ordering of copies of the transcript of evidence, in compliance with rule 62.02(4), (c) filing and delivery of the appeal book (or printed case in the Supreme Court of Canada form) and of the appellant's factum.
[Emphasis added]

[5] I indicated in Chambers that I was not satisfied the appeal was deemed to have been dismissed and that I would not dismiss it. These are my reasons.

[6] With respect to whether the appeal is deemed dismissed, the parents applied for the dates to be set within the 10 day time frame set out in Rule 62.03A(4). Their application for dates was adjourned until the dates were finally set on June 14, 2007, by which time K.L.M. was able to retain counsel. The appeal was not deemed to be dismissed.

[7] With respect to whether the appeal should be dismissed for want of prosecution, the Minister’s position was that the parents had not served her as required in Rule 62.03(2) and that they had failed to attend Chambers on three successive dates to have the date set for the hearing of the appeal. She argued this was evidence that they had no intention to continue their appeal prior to K.L.M.'s retention of counsel. With respect to D.M., the Minister argued he has not yet shown any intention to continue with his appeal as he has not appeared in person or
through counsel to date. She argued these are serious failures given the short time frames provided in the Children and Family Services Act, S.N.S. 1990, c. 5 generally and for appeals in particular. She argued it is in the child's best interests that the appeal be dismissed at this point as it would lead to an earlier adoption placement which would bring stability for the child. She argued that the grounds of appeal are unsustainable.

[8] The affidavit filed by K.L.M.’s counsel satisfies me that K.L.M. always intended to continue with her appeal, felt inadequate to appear in Chambers without counsel and focussed her energy on retaining counsel. While that attitude wasted the resources of the Minister and the Court, it is not sufficient to warrant dismissing her appeal given the significant consequences to her of such a dismissal. Service of the notice of appeal on the Minister in accordance with the Rules is important given the Minister’s responsibility to look after the best interests of the child which may include placing him for adoption at the earliest possible time but the one day delay in this case is not sufficient to warrant dismissal. As it happens, none of the actions of K.L.M. has had the practical effect of delaying the date of the hearing of her appeal.

[9] It is not appropriate for me to comment on the merit of the grounds of appeal given the Minister’s notice that she will be making an application to quash the appeal on the basis it is frivolous, vexatious or without merit, which will be scheduled to be heard on the same date as the appeal.

[10] With respect to D.M.’s appeal, I am not satisfied there is any prejudice to the Minister in allowing his appeal to continue along with that of his wife despite the fact he has not attended Court to date for the purpose of prosecuting his appeal. It may be that D.M. did not realize he had to retain separate counsel. K.L.M.’s counsel agreed to bring this to his attention. The parents continue to live together. Similar issues will be relevant to both appeals. I see nothing to be gained from dismissing his appeal at this time as opposed to allowing it to continue along with
his wife’s.

[11] I would dismiss the Minister’s application.

Hamilton, J.A.

NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia (Community Services) v. B.L.C.,
2007 NSCA 48

Date: 20070426
Docket: 276472
Registry: Halifax

Between:

Minister of Community Services
Appellant
v.
B.L.C.
Respondent

Restriction on publication: Pursuant to s. 94(1) of Childrens and Family Services Act

Judge: The Honourable Justice M. Jill Hamilton

Appeal Heard: April 12, 2007

Subject: Moot, Family law, Child protection, Section 44(1) of the Children and Family Services Act

Summary:
In a child protection matter, the Minister applied to have the mother referred for a parental capacity assessment with a psychological component. The Minister suggested referral to one assessor and the mother requested referral to a different one. No issue was raised as to the relative cost of the assessors and it was agreed all assessors were excellent and had done assessments for the Minister previously. The assessor recommended by the Minister indicated she could have her report ready earlier than the assessor requested by the mother. Both assessments could be ready well in advance of the trial dates, which had not been set, and the time limits provided in s. 45 of the CFSA. In a disposition order giving temporary care and control of the child to the Minister, the judge referred the mother for assessment to the assessor she requested. The parties agree the matter is now moot.


Issues:
Should the Court exercise its discretion to decide the merits of the moot appeal? If so, did the judge err in holding that she had jurisdiction to refer the mother for assessment to an assessor different from the one put forward by the Minister?

Result:
Court decided the moot jurisdiction issue but dismissed the appeal. Deciding this moot issue may highlight the very specific issue the judge decided. This issue was within the expertise of the Court, the adversarial context continued and the short time frames in the CFSA may make the issue generally evasive of appeal. The wording of s.44(1) of the CFSA, considered in light of the whole of the CFSA, indicates that in the specific fact situation in this appeal the judge had jurisdiction to refer the mother for assessment to an assessor other than the one recommended by the Minister. This was not an appeal dealing with the provision of services under s. 13 of the CFSA.

This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 11 pages.

NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia (Community Services) v. B.L.C.,
2007 NSCA 48

Date: 20070426
Docket: 276472
Registry: Halifax

Between:

Minister of Community Services
Appellant
v.

B.L.C.
Respondent

Restriction on publication: Pursuant to s. 94(1) of Childrens and Family Services Act

Judge(s): Roscoe, Bateman, Hamilton, JJ.A.

Appeal Heard: April 12, 2007, in Halifax, Nova Scotia

Held: Appeal dismissed, as per reasons for judgment of
Hamilton, J.A.; Roscoe & Bateman, JJ.A. concurring

Counsel: John Underhill & Mary S. Knox, for the appellant
Lola Gilmer & Karen L. Hudson, for the respondent

Restriction on publication: Pursuant to s. 94(1) Children and Family Services Act.

Reasons for judgment:
[1] The Minister of Community Services (Minister), appeals the decision of
Justice Beryl A. MacDonald
of the Family Division of the Nova Scotia Supreme
Court in which, in a child protection matter, she referred the respondent mother,
B.L.C. (Ms. C.), for an assessment to
Martin Whitzman and David Cox, assessors
requested by Ms. C
., rather than by Suzanne Eakin, the assessor put forward by the Minister.

[2] Both parties agree the merits of this appeal are moot. By letter dated January
5, 2007
Mr. Whitzman indicated that he and Mr. Cox were no longer prepared to
conduct the assessment ordered because Ms. C. missed scheduled appointments
.
On February 14 the Minister confirmed to the judge that she was no longer seeking
an assessment of Ms. C.
and the trial dates for the Minister’s application for
permanent care and custody of the child
were set for July 2007.

[3] Despite the mootness of the appeal, both parties submit that this Court should decide the merits of this appeal. For the reasons that follow I would decide the merits of the appeal confined to the issue of the judge’s jurisdiction in these circumstances to refer Ms. C. to an assessor other than the one recommended by the Minister, but would dismiss the appeal.

[4] By agreement of counsel an affidavit of Beth Archibald, a long-term caseworker with the Minister, was entered as further evidence on appeal. It simply confirmed that Mr. Whitzman was no longer prepared to conduct the assessment.

[5] The facts are set out in the judge’s decision (2006 NSSC 361). A short chronology will suffice for this decision:
May 25, 2006 Ms. C.'s daughter was taken into care.

May 29 Minister filed a protection application including a request that the judge refer Ms. C. for assessment.

May 31
5 day hearing held and order granted. Judge found there were reasonable and probable grounds that the child was in need of protective services and ordered that the child remain in the interim care and custody of the Minister.
June 16 Thirty day hearing held and order consented to. Ms. C. did not consent to an assessment. Issue of assessment deferred.

August 11 Pretrial prior to protection hearing. It was agreed that the protection order would issue but at a later time because the Minister wished to maximize the time periods available under the Childrens and Family Services Act, 1990, c. 5, s.1.

August 25 Protection order issued. The Minister was to continue to have interim care and custody of the child. There was no provision dealing with assessment. A pretrial was
scheduled for October 2.

Sept 28 Minister filed an application for a disposition order seeking permanent care and control of the child. It indicated a pretrial was set for October 2.

October 2 Pretrial conference. File notes and the judge's decision suggest the Minister was seeking a parental capacity assessment of Ms. C. to be conducted by Ms. Eakin who could commence her assessment in December, 2006 or January, 2007 and that Ms. C. still felt an assessment was unnecessary. The matter was adjourned to give Ms. C.'s counsel an opportunity to explore the outstanding issues with her client.

October 20 Letter from Ms. C.'s counsel stating that she understood "the Minister [was] requesting that Ms. [C.] participate in a Parental Capacity Assessment and would agree to an Order for Temporary Care and Custody at first disposition, to be reviewed upon completion of the Assessment Report." She indicated Ms. C. would agree to an assessment and requested that it be conducted by Mr. Whitzman who could commence work in December or January.

October 25 Pretrial conference. The Minister argued that Ms. Eakin was the better assessor in this case to do the assessment. She agreed Messrs. Whitzman and Cox were excellent and had done similar assessments for the Minister previously. The Minister never suggested that the judge should not name the assessor in her order. No issue was raised about the relative cost of the assessors. Ms. C. argued that she should be referred to Messrs. Whitzman and Cox because the assessment would be better if she felt she had some input into the process and if she did not feel the Minister was trying to force a particular assessor on her. There was no issue of timing as both assessors could commence work at approximately the same time. The judge ordered Messrs. Whitzman and Cox to do the assessment.

October 30 Mr. Whitzman advised that due to the involvement of Mr. Cox their report could not be completed until the middle or end of March, 2007.

November 1 Ms. Eakin advised her report could be available mid January.

November 20 The Minister sought a reconsideration of the judge's decision. By letter he argued Ms. C. should be referred to Ms. Eakin for the assessment because she could complete her report earlier and because the judge had no jurisdiction to refer Ms. C. to an assessor other than the one he recommended if he was going to be paying for it.

November 22 Pretrial on the reconsideration issue. The Minister orally confirmed his position. Ms. C. argued the time frame proposed by Ms. Eakin was unrealistic considering the Christmas period, that there was no problem having a report by mid or late March in terms of the time frames set out in the CFSA or in terms of the trial as the Minister had not applied for trial dates, that the extra time would allow her to make any necessary changes, and that with her having some input into the process the assessment would be better. The judge confirmed her original decision. The Minister requested a written decision.

November 29 Written decision released.

December 21 Disposition order issued giving the Minister temporary care and custody of the child and referring Ms. C. to Messrs. Whitzman and Cox for her assessment.
[6] The first issue is whether we should decide the merits of this moot appeal.

[7] Factors to be considered when deciding whether to hear a moot appeal are set out by the Supreme Court of Canada in
Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342,
Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62; [2003] 3 S.C.R. 3 and
R. v Smith, 2004 SCC 14 [2004] 1 S.C.R. 385.
In Doucet-Boudreau, supra, the Court states:
18 . . . Writing for the Court, Sopinka J. outlined the following criteria for courts to consider in exercising discretion to hear a moot case (at pp. 358-63):
(1) the presence of an adversarial context;
(2) the concern for judicial economy; and
(3) the need for the Court to be sensitive to its role as the adjudicative branch in our political framework.

[8] In Borowski, supra, the Court said at p. 345:
42 The Court, in exercising its discretion in an appeal which is moot, should consider the extent to which each of the three basic factors is present. This process is not mechanical. The principles may not all support the same conclusion and the presence of one or two of the factors may be overborne by the absence of the third, and vice versa.

[9] In Smith, supra, which dealt with the death of the appellant in a criminal
matter, the Court states at p. 406:
50 In summary, when an appellate court is considering whether to proceed with an appeal rendered moot by the death of the appellant (or, in a Crown appeal, the respondent), the general test is whether there exists special circumstances that make it "in the interests of justice" to proceed. That question may be approached by reference to the following factors, which are intended to be helpful rather than exhaustive. Not all factors will necessarily be present in a particular case, and their strength will vary according to the circumstances:
1. whether the appeal will proceed in a proper adversarial context;
2. the strength of the grounds of the appeal;
3. whether there are special circumstances that transcend the death of the individual appellant/respondent, including:
(a) a legal issue of general public importance, particularly if it is otherwise evasive of appellate review;
(b) a systemic issue related to the administration of justice;
(c) collateral consequences to the family of the deceased or to other interested persons or to the public;
4. whether the nature of the order which could be made by the appellate court justifies the expenditure of limited judicial (or court) resources to resolve a moot appeal;
5. whether continuing the appeal would go beyond the judicial function of resolving concrete disputes and involve the court in free-standing, legislative-type pronouncements more properly left to the legislature itself.

51 What is necessary is that, at the end of the day, the court weigh up the different factors relevant to a particular appeal, some of which may favour continuation and others not, to determine whether in the particular case, notwithstanding the general rule favouring abatement, it is in the interests of justice to proceed.

[10] When considering these factors, it is important to remember the specific context in which the judge was called upon to decide whether she had jurisdiction to refer Ms. C. to an assessor other than the one put forward by the Minister and, if so, to exercise her discretion.

[11] The Minister, not the mother, applied to the judge for an order referring Ms. C. for assessment, implying that she had determined that such an assessment was necessary and that she was prepared to pay for it. There was never a suggestion that the relative cost of the suggested assessors was an issue. There was no dispute that all assessors were excellent and had done assessments for the Minister previously. There was no suggestion the judge should not name a specific assessor in her order. There was no issue of timing at the October 25 pretrial as it appeared that all proposed assessors could begin their work at approximately the same time.
Timing however was an issue at the November 22 pretrial when the judge’s original decision was reconsidered because Ms. Eakin had indicated that her report could be ready two months earlier than that of Messrs. Whitzman and Cox. There was never a concern that either report would not be available for trial, as is often the case, because the Minister had not yet applied for trial dates. Nor was there ever a timing issue in terms of the time limits for completion of child protection proceedings legislated in s.45 of the CFSA as the final disposition decision with respect to this child does not need to be made until November 2007.

[12] The Minister’s grounds of appeal raised both the issue of the judge’s jurisdiction to refer Ms. C. to an assessor other than the one she recommended and the issue of how she exercised her discretion, if she had jurisdiction. The focus of the arguments at the hearing was on the jurisdictional question, the Minister describing it as the “nub of the appeal.”

[13] The parties do not suggest that this specific fact situation arises often, which may suggest that the issue is of no public importance so that judicial resources should not be expended to deal with it. However, the parties do suggest that there is some tension among persons involved with work in the Family Division in Halifax as to whether a judge has jurisdiction to order the Minister to provide services under the CFSA, for example pursuant to s.13, to be paid for by the Minister and that this appeal may be relevant to that issue.

[14] The context in which the judge made her decision in this case and the issue before her was so specific that I am satisfied this appeal does not engage the larger issue referred to by the parties. This is not a case about the provision of services pursuant to s. 13. It would not be appropriate for this Court to comment on this larger issue in a vacuum. However, with respect to the jurisdiction issue alone the expenditure of judicial resources may be warranted even in the specific context of this moot appeal to clarify the issue that was before the judge and the particular context in which it arose.

[15] By deciding the merits of the jurisdiction issue the Court would neither be departing from its traditional role as an adjudicator nor intruding upon the legislative or executive sphere. The question of whether the judge had jurisdiction to name the assessor in the context of the application before her falls squarely within the expertise of the Court and is not susceptible to legislative or executive pronouncement. In addition, the continued existence of the appropriate adversarial context and the short time frames legislated under the CFSA for child protection proceedings which may make the jurisdictional issue raised in this appeal evasive of appellate review, suggest this Court should exercise its discretion and decide the merits.

[16] I am satisfied this Court should exercise its discretion to decide the merits of the jurisdiction issue. I am not satisfied we should decide the merits of the appeal as they relate to the judge’s exercise of her discretion. It would not be of any practical benefit to the parties or the public generally.

[17] The second issue for us to consider is whether the judge had jurisdiction to refer Ms. C. to an assessor other than the one put forward by the Minister.

[18] This court should only intervene in the judge’s decision if she erred in legal principle or made a palpable and overriding error in finding the facts; Children’s Aid Society of Cape Breton-Victoria v. A.M. 2005 NSCA 58; (2005), 323 N.S.R. (2d) 121, ¶ 26. As there were no facts found by the judge, we should only intervene if she erred in legal principle.

[19] On December 21, 2006 the judge ordered that the Minister have temporary care and control of the child pursuant to s.42(1)(d) of the CFSA. Thus s. 44(1) of the CFSA sets out the judge’s jurisdiction:
44 (1) Where the court makes an order for temporary care and custody pursuant to clauses (d) or (e) of subsection (1) of Section 42, the court may impose reasonable terms and conditions, including
(a) access by a parent or guardian to the child, unless the court is satisfied that continued contact with the parent or guardian would not be in the best interests of the child;
(b) access by any other person to the child;
(c) the assessment, treatment or services to be obtained for the child by a parent or guardian or other person seeking the care and custody of the child;
(d) the assessment, treatment or services to be obtained by a parent or guardian, or other person residing with the child;
(e) where an order is being made pursuant to clause (e) of subsection (1) of Section 42, the circumstances or time when the child may be returned to the parent or guardian or other person under a supervision order; and
(f) any terms the court considers necessary.
(Emphasis mine)

[20] The parties did not provide, and I was unable to find, any cases exactly on point, where the Minister applied for an assessment and the only issue before the judge was a choice between the assessor put forward by the Minister or the one put forward by the parent, where both were agreed to be qualified. In Children’s Aid Society of Halifax v. C.V., 2004 NSSF 107; (2004), 228 N.S.R. (2d) 226, affirmed at 2005 NSCA 87; (2005) 233 N.S.R. (2d) 360 (C.A.), the Minister requested an assessment and the judge ordered that the parents could decide who their assessor would be. The judge stated:
[80] Section 44(1) of the Children and Family Services Act permits the Court, when making an Order for temporary care and custody, to impose reasonable terms and conditions to that Order including the assessment, treatment or services to be obtained by a parent or guardian or other person residing with the child.
[81] As indicated previously, the Children's Aid Society of Halifax has requested that the Respondents participate in an assessment which will include a psycho/social history, a psychological/psychiatric examination and assessment, a parental assessment including an examination and assessment of parental skills and techniques and a home study and assessment. It appears, from the materials filed, that Ms. C.V. consents to at least a portion of this assessment. . . .
. . .
[83] Regardless of Ms. C.V.'s consent, I am satisfied that it is appropriate to order the assessment requested by the Children's Aid Society of Halifax and I am prepared to grant the relief requested in this regard.
[84] I am hopeful that this assessment will be beneficial to all of the parties to this proceeding. As I have indicated previously, in light of the Respondents' conspiracy theories, I am of the view that the assessment process will be much more beneficial to Ms. C.V. and Mr. L.F. if they have a say in who actually conducts the assessment. In order to assist in this regard, I am going to give both of the Respondents until December 10th, 2004 (two weeks from the date of this decision) to advise the Agency's counsel, Elizabeth Whelton, in writing, of which psychologist and psychiatrist they wish to conduct the assessment. The psychologist and psychiatrist must both be individuals who are licensed and registered to practice in the province of Nova Scotia and must be available to undertake the assessment in the Halifax Regional Municipality without significant delay. In the event that the Respondents do not provide the above-noted notification to Ms. Whelton, in writing, on or before the 10th day of December, 2004, the Children's Aid Society of Halifax shall be at liberty to select the psychologist and the psychiatrist who will conduct the assessment. If any difficulties arise in relation to this assessment (including the
issue of payment of the psychologist or psychiatrist), I hereby reserve the right to deal with the matter further.
(Emphasis mine)

[21] The question of the judge's jurisdiction to make such an order in Children’s Aid Society of Halifax v. C.V., supra, was not raised in the appeal to this Court nor does it appear to have been challenged in the trial court.

[22] E.A. Driedger set out the modern principle of statutory interpretation in the Construction of Statutes, 2nd ed. (Toronto: Butterworths, 1983), at p. 87 as follows:
Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.

[23] Section 44(1) of the CFSA governs what a court may order once it has determined at a disposition hearing that the Minister should have temporary care and custody of a child. It provides that the court may impose "reasonable terms and conditions", including "any terms the court considers necessary." Section 44(1)(d) explicitly gives the court authority to refer a parent for assessment. There is nothing in the section restricting the court from referring a parent to an assessor different from the one recommended by the Minister. All of this suggests that a court has authority to refer a parent to an assessor other than the one put forward
by the Minister if it considers this to be “reasonable’ and “necessary.” A number of relevant considerations would bear on the result such as the relative cost, the availability of each report and the relative expertise of the candidates. It is difficult to imagine that the legislature would have used the words in s.44(1) if it intended to restrict the judge to only refer a parent to the assessor suggested by the Minister in the present situation. I am satisfied that in the unique circumstances of this case the judge had the jurisdiction to make the referral she did.
[24] Accordingly, I would dismiss the appeal.

Hamilton, J.A.
Concurred in:
Roscoe, J.A.
Bateman, J.A.

NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia Home for Coloured Children v. Milbury, 2007 NSCA 52

Date: 20070504
Docket: CA 275523
Registry: Halifax

Between:
Appellants
v.
Elizabeth Ann Milbury
Respondent

Judge: The Honourable Justice Roscoe

Appeal Heard: April 2, 2007

Subject: Civil Procedure Rule 13.01, summary judgment application, limitation of actions, discoverability

Summary:
The plaintiff had resided at the NS Home for Coloured Children for several months when she was one to two years old between 1946 and 1947. In 2003 she brought an action against the Home and the child welfare agency which had placed her at the Home, claiming that she had been physically and emotionally abused when she lived there. The action was framed in negligence, breach of contract, vicarious liability for the assaults by staff of the Home, and breach of fiduciary duty.

The defendants [the Home and the child welfare agency] brought an application for summary judgment claiming that the action was statute barred. On the day of the hearing the plaintiff amended the statement of claim to add particulars to the breach of fiduciary duty claim, specifically that the Home was run as a plantation that exploited the children who were placed there.

The chambers judge granted the summary judgment application in relation to the breach of fiduciary duty claim but dismissed it in respect to the other causes of action.

The Home and the Agency appealed and the plaintiff cross appealed.

Issues:
Did the chambers judge err in not granting summary judgment on the claims in negligence, breach of contract and vicarious liability?
Did the chambers judge err in finding there was no arguable issue for trial on the fiduciary duty claim?

Result:
Appeal and cross appeal allowed. Summary judgment should have been granted on the claims in negligence, breach of contract and vicarious liability because the limitation periods had expired in 1972 and the plaintiff filed no evidence to establish that the discoverability rule might extend the time limit beyond 1972. Therefore there was no real chance of success at trial.

There is no limitation period for a claim of breach of a fiduciary duty.

The chambers judge erred in placing the burden on the plaintiff when the defendants had not established that there was no genuine issue for trial on the claim for breach of fiduciary duty.

This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 16 pages.

NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia Home for Coloured Children v. Milbury, 2007 NSCA 52

Date: 20070504
Docket: CA 275523
Registry: Halifax

Between:

Nova Scotia Home for Coloured Children and
Family and Children’s Services of Annapolis County
Appellants
v.
Elizabeth Ann Milbury
Respondent

Judges: Roscoe, Saunders and Fichaud, JJ.A.

Appeal Heard: April 2, 2007, in Halifax, Nova Scotia

Held: Appeal and cross appeal are allowed per reasons for judgment of Roscoe, J.A.; Saunders and Fichaud concurring.

Counsel: John Kulik, for the appellant, Nova Scotia Home for Coloured Children
W. Bruce Gillis, Q.C., for the appellant Family and Children’s Services
Raymond Wagner and Fiona Imrie, for the respondent
Reasons for judgment:

[1] The respondent, Elizabeth Milbury, is one of 61 former residents of the Nova Scotia Home for Coloured Children who are suing the former orphanage for damages arising from physical and emotional abuse suffered while she resided there for several months 59 years ago. She also claims damages from Family and Children’s Services of Annapolis County (the Agency) which was instrumental in apprehending her from the care of her parents and placing her at the Home and from the Province of Nova Scotia which was responsible for overseeing the activities of the Home and the Agency.

[2] The action is framed in negligence, breach of fiduciary duty, breach of contract and vicarious liability for the abuse alleged to have been inflicted by employees of the Home. In their defences, in addition to denying that the plaintiff was abused, the Home and the Agency denied the existence of a fiduciary duty, a contract or a duty of care, and claimed that the action was barred by the Limitations of Actions Act, R.S.N.S., 1989, c. 258.

[3] The Home and the Agency brought an application for summary judgment which was heard by Justice M. Heather Robertson in Chambers. The chambers judge allowed the summary judgment application in respect to the claims for breach of fiduciary duty but dismissed the application in respect to the claims for vicarious liability, breach of contract, and negligence. She also rejected the defendants’ arguments that the action was statute barred, after determining that there was an arguable issue regarding discoverability. The decision is reported as 2006 NSSC 293; [2006] N.S.J. No. 400.

[4] The Home and the Agency appeal the dismissal of the summary judgment application for the claims in negligence, vicarious liability and breach of contract and on the basis of the discoverability principle. The plaintiff cross-appeals the order granting summary judgment on the fiduciary duty claim. There is no crossappeal by the plaintiff respecting the dismissal of the fiduciary duty action against the Agency. For the reasons that follow I would allow both the appeal and the cross appeal.

Evidence on the application:
[5] Ms. Milbury filed three affidavits in response to the application for summary judgment, her own and one each from her sisters, Shirley Melanson and Pauline Comeau. In her affidavit, the plaintiff stated that she was born on July 25, 1945.

When she was between two and three years old, she and five of her older siblings were taken into care of the Agency and placed at the Home for several months. The plaintiff does not have any “clear memories” of what happened to her while she was at the Home, “other than remembering feelings of sadness and crying”. She was advised by her sister Shirley Melanson that one of the staff at the Home put her in extremely hot water causing her to scream and that she came out of the water as red as a lobster; that she appeared to be terrified of the Home's staff and would wet her pants whenever they approached her; and that there was not enough food for the children at the Home and they were frequently hungry.

[6] The evidence of Ms. Milbury relating to the limitation period is that she was told by her sister Shirley in March 2001 that she had read in the newspaper of a claim against the Home by a former resident and that her sister had contacted Wagner and Associates, the lawyers for the other claimants, about the possibility of making a claim in March 2001. The plaintiff contacted the lawyers herself in March 2001. She stated that “until her sister told her about the possibility of making a claim against the Nova Scotia Home for Coloured Children, I was not aware that I might have a claim”.

[7] Shirley Melanson asserts in her affidavit that the plaintiff was put in a tub of scalding water by a staff member at the Home. The plaintiff cried and she looked like a cooked lobster when she was removed from the tub. Her sister Pauline Comeau recalled that the plaintiff was afraid of the staff and would not eat.

[8] The statement of claim was filed on January 8, 2003. The application for summary judgment was heard on May 23, 2006. There was no other evidence submitted by the plaintiff explaining when she first knew that she had been abused while she resided at the Home or when she discovered that she suffered damages as a result of the abuse. An amended statement of claim was filed on May 23, 2006 which added particulars of the claim based on a fiduciary duty.

The decision under appeal:
[9] The chambers judge set out the test on a summary judgment application pursuant to Rule 13.01 in ¶ 8 as follows:

[8] The law is well settled that the applicant bears the initial burden of establishing there is no arguable issue of fact to be determined at trial. If that burden is met the respondent must show that her case has a real chance of success. United Gulf Developments Ltd. v. Iskandar, [2004] N.S.J. No. 66 (N.S.C.A.) paras. 9 and 10; MacNeil v. Bethune, [2006] N.S.J. No. 62, N.S.C.A.,
para. 21.

[10] The judge dealt with each of the causes of action separately. With respect to the claim for breach of fiduciary duty, after reviewing the relevant legal principles she concluded:

[49] It is obvious that the defendants had a fiduciary duty toward the plaintiff. However, whether a breach of that duty has occurred by reason of fiduciaries placing their own interests ahead of those of the plaintiff has not been shown in the plaintiff's response to this application.

[50] Had there been any evidence before me to support the "plantation argument" I would have concluded that an arguable case could be made as against the NSHCC and potentially against the Province of Nova Scotia. The underpinning for such a claim is simply absent in the plaintiff's pleadings and response to this application.

[51] The pleadings recite extensive historical information about the operation of the NSHCC from the 1920's through to the period of time the plaintiff was resident there in 1947-48. We do not however have class proceedings legislation in this Province. The pleadings appear to be generic in nature intended to apply to the circumstances of the other potential claimants Mr. Wagner represents.

[52] As I noted the plaintiff's sisters do not allege that they were required to work in market gardens at the NSHCC. Nor has counsel for the plaintiff offered any sources for the historical information about the NSHCC that he sets forth in the statement of claim. These remain bare allegations.

[53] Counsel for the plaintiff are well aware of the obligation to be in a position to respond with at least some evidentiary foundation to support each cause, if they are to resist summary judgment. I note that this application was commenced on February 7, 2006 and that there has been sufficient time for the plaintiff to offer additional evidence in resisting the application.

[11] Regarding the claim based on vicarious liability for the actions of the Home’s employees, the chambers judge concluded:
[58] In this case the specific alleged acts of abuse involve the alleged incident of the scalding bath, fear of the staff and a sustained condition of hunger. The affidavits of the plaintiff's sisters are sufficient to support an arguable issue for trial. The NSHCC had undertaken the hands on care of the plaintiff and her siblings. The acts complained of are directly related to the duties for which its employees would have been hired, the care and feeding of its residents.
[59] The role of Mr. Eric Woods, a social worker with the CAS Annapolis, in visiting the home to see how the plaintiff and her siblings were faring also raises an arguable issue for trial and meets the established low threshold test.

[12] The claims based on negligence and breach of contract were also found to raise arguable issues for trial:
[60] The plaintiff has raised arguable issues for trial. The defendant the NSHCC cannot reasonably argue that because the plaintiff was only two years of age and cannot remember the incidents related to her by her sisters, that no damage could therefore have occurred and the case for negligence must fail. If these alleged events in fact occurred, it will be for a trial judge to determine if the defendants breached a required standard of care and the measure of damages that arise in consequence. No doubt such alleged events would have a lasting effect on
a child.
...
[63] Whether or not there exits a claim in contract as against the defendants is a matter that would also be flushed out during the trial process. As our discussion in court revealed funding arrangements were made between the Province and the NSHCC and settlements were made as between municipal units when children were placed in care. This is not an inappropriate claim, that should be dismissed at this time.

[13] As for the defendants’ arguments that the action was out of time, the chambers judge concluded:
[64] Turning to the limitation period, the plaintiff acknowledges that these events are well beyond the limitation period but says she was unaware that she may have had a claim before March 2001.
[65] By operation of the Limitation of Actions Act the latest date the plaintiff could have pursued these causes was within one year of her 21st birthday, i.e. July 25, 1967 s. 2(1)(a); or an action in contract within six years, therefore July 25, 1972, s. 2(1)(e).
[66] The plaintiff cannot avail herself of the relief of s. 3 of the Act, which could have allowed a four year extension of the limitation period, because of the events are alleged to have occurred before June 26, 1982.
[67] It is correct therefore that the claims were potentially statute barred by some 30 years before the action was commenced in January 2003.
[68] Discoverability is therefore a live issue.
...
[72] The defendants argue that the plaintiff must lead evidence why the claim was not discovered during the limitation period. I am satisfied that the plaintiff has raised an arguable issue for trial and that she should not be barred from proceeding because she was unaware of her potential claim before March 2001.

She has led sufficient evidence in this regard.

[73] The discoverability principle is intended to ensure that no injustice will occur by reason a person being unaware they have a potential claim. The plaintiff was an infant when the alleged acts of abuse are said to have occurred. A further explanation of these events will occur through the trial process.
[74] I am satisfied that the defence of limitation periods should not, at this juncture succeed in defeating the plaintiff's actions in contract negligence and vicarious liability as against the defendants.

Issues:
[14] Although both appellants and the respondent raise several grounds of appeal and cross appeal, as will be seen, it is not necessary to deal with all of them. The grounds can be conveniently consolidated and distilled into the following issues, the first relating to the appeal and the second to the cross appeal:
1. Did the chambers judge err in law in not granting summary judgment on the claims in negligence, breach of contract and vicarious liability on the basis of the expiry of the limitation period?
2. Did the chambers judge err in finding that there was no arguable issue for trial on the claim for breach of fiduciary duty?

Standard of Review:
[15] On the appeal, since the actions in negligence, breach of contract and vicarious liability were not dismissed, the standard of review is the usual standard applied to appeals of interlocutory orders. We will not intervene unless wrong principles of law were applied or a patent injustice would result. See: Maritime Travel Inc. v. Go Travel Direct.Com Inc., 2007 NSCA 11; United Gulf Developments Ltd. v. Iskandar, 2004 NSCA 35; Eikelenboom v. Holstein Assn.
of Canada, 2004 NSCA 103.

[16] However on the cross appeal, the chambers judge's order is one which has a final or terminating effect. Therefore the standard of review is not that usually applied to discretionary orders of an interlocutory nature but rather, whether there was an error of law resulting in an injustice. See: Jeffrey v. Naugler, 2006 NSCA 117; Purdy Estate v. Frank, [1995] N.S.J. No. 243 (C.A.); Clarke v. Sherman, [2002] N.S.J. No. 238 (C.A.); Binder v. Royal Bank of Canada, 2005 NSCA 94; MacNeil v. Bethune, 2006 NSCA 21.

Analysis:
Test for Summary Judgment:
[17] In Orlandello v. AGNS, 2005 NSCA 98, Justice Fichaud explained the two stage test on a summary judgment application:
[12] Rule 13.01 permits a defendant to apply for summary judgment on the ground that the claim raises no arguable issue. Rule 17.04(2)(a) allows a third party to invoke Rule 13.01 to challenge a plaintiffs claim. In Eikelenboom, after reviewing the authorities, this court stated the test:
[25] Applying these authorities to the circumstances of this case, it is apparent that in order to show that summary judgment was available to it, [the defendant] had to demonstrate that there was no arguable issue of material fact requiring trial, whereupon [the plaintiffs] were then required to establish their claim as being one with a real chance of success.
See also: United Gulf Developments Ltd. v. Iskandar, 2004 NSCA 35 at 9; Hercules Managements Ltd. v. Ernst & Young, [1997] 2 S.C.R. 165 at 15; Guarantee Co. of North America v. Gordon Capital Corp., [1999] 3 S.C.R. 423 at 27.

[18] As stated in Selig v. Cooks Oil Company Ltd., 2005 NSCA 36, there are two distinct parts of the test and they should be dealt with sequentially:
[10] ... First the applicant, must show that there is no genuine issue of fact to be determined at trial. If the applicant passes that hurdle, then the respondent must establish, on the facts that are not in dispute, that his claim has a real chance of success.

[19] If the applicant does not establish that there is no genuine issue of fact, it is not necessary to go to the second step. There is no onus on the responding party if the applicant does not succeed on the first prong of the test. If there are genuine issues of fact, the application should be dismissed.

1. Limitations of Actions - discoverability:
[20] Did the defendants establish that there are no genuine issues of fact on the question of whether the plaintiff’s action is statute barred because the limitation period has expired? The Limitations of Actions Act provides that actions for assault and battery must be commenced within one year after the cause of action arose: s. 2(1)(a). Actions for breach of contract and negligence have a six year limitation: s. 2(1)(e). The plaintiff does not allege that she was sexually abused, so section 2(5) regarding discovery of the causal relationship of the damages is
inapplicable. (As will be discussed further in the next section, there is no limitation period for actions for breach of fiduciary duty) Section 4 of the Act provides that if a cause of action accrues while a person is under the age of nineteen, the time does not start to run until she reaches the age of majority. However, at the time the plaintiff reached the age of majority, the specified age was 21. The age of majority changed from 21 to 19 in 1971. See: The Age of Majority Act, Stats. N.S. 1970-71, c. 10, s. 7. Therefore, subject to extensions that might arise as a result of the discoverability principle and s. 3 of the Act, in this case the plaintiff attained the
age of majority in 1966 and all the relevant statutory limitation periods would have expired by 1972, 31 years prior to the commencement of the action.

[21] Section 3 of the Limitations of Actions Act permits a court to disallow a defence based on a limitation period and to allow an extension of a further four years. However, s. 3(5) provides that the section does not apply if the time limitation expired before June 26, 1982. Even if it applied to these causes of actions, the maximum extension would be until 1976, unless through the application of the discoverability rule the cause of action arose at some later date.

[22] In Central Trust Co. v. Rafuse, [1986] 2 S.C.R. 146, LeDain, J., for the Court, described the discoverability rule as follows (at pp. 151- 152): . . . A cause of action arises for purposes of a limitation period when the material facts on which it is based have been discovered or ought to have been discovered by the plaintiff by the exercise of reasonable diligence. ...

[23] When the defendant pleads a limitation period and proves the facts supporting the expiry of the time period, the plaintiff has the burden of proving that the time has not expired as a result, for example, of the discoverability rule: Soper v. Southcott, [1998] O.J. No. 2799 (C.A.) at ¶ 14; Gray Condominium Corp. No. 27 v. Blue Mountain Resorts, [2005] O.J. No. 793 (S.C.J.) at ¶ 18.

[24] In the context of a summary judgment application where a limitation defence is pleaded, the defendant applicant must first establish that there is no genuine issue of fact for trial. In this case the defendants have established that the statutory limitation period has long expired. Unless the discoverability principle applies, the defendants satisfied the first part of the summary judgment test on the facts alleged by the plaintiff, that is, that the wrongs were committed at the latest in 1947, and that the longest limitation period, six years, expired in 1972, six years after the plaintiff reached the age of majority in 1966. Since the defendants have met the initial threshold, the plaintiff has to demonstrate that there is a real chance of success by presenting evidence that the limitation period has not expired, because of the discoverability principle.

[25] The only evidence submitted by the plaintiff to support the extension of the limitation period based on the application of the discoverability rule is that summarized above at ¶ 6. Essentially, her evidence is that she did not know she could sue the Home until 2001. She has not provided any evidence of when she first became aware that she was injured, or suffered abuse while living at the home.
The question not answered in her pleadings or affidavits is: when did her sisters first tell her that she had been placed in a scalding hot bath and was sad and hungry while living at the Home? The plaintiff has not provided any explanation for why she did not know or could not have known about the abuse within the statutory time limit or within a reasonable period of time thereafter. This is an important factor in a summary judgment application where a limitation period is raised by the defence. As stated by Ferrier, J. in Stell v. Obedkoff , [1999] O.J. No. 2312 (S.C.J.):
13 However, beyond the allegations, the plaintiffs have not adduced any evidence which gives rise to a factual issue regarding the question of discoverability. No evidence has been provided indicating that there were unusual circumstances which prevented the plaintiffs from discovering the alleged negligence of the defendants, nor has there been any suggestion that the
defendants withheld a vital part of the evidence. No evidence has been provided to explain why the alleged negligence of the defendants could not reasonably have been discovered within the limitation period.

[26] The comments on discoverability in the context of a summary judgment application in Jack v. Canada, [2004] O.J. No. 3294 (S.C.J.) are instructive:
81 Counsel have referred to legal authorities regarding the discoverability rule.
Discoverability is a general rule applied to avoid the injustice of precluding an action before the person is able to raise it or to sue. Peixeiro v. Haberman, [1997] 3 S.C.R. 549 (S.C.C.) at paras. 36 and 44.
82 A cause of action arises for the purposes of a limitation period when the material facts on which the action is based have been discovered or ought reasonably to have been discovered, by the exercise of reasonable diligence. Central Trust v. Rafuse, [1986] 2 S.C.R. 147 at p. 224; Peixeiro v. Haberman (1995), 25 O.R. (3d) 1 at p. 4 (Ont. C.A.).
83 The rule of reasonable discoverability is to ensure that the plaintiffs have sufficient awareness of the facts to be able to bring an action. The suggestion that a plaintiff requires a "thorough understanding" of such facts even after the action is brought, sets the bar too high. Similarly, to say that a plaintiff has to know the precise cause of her injuries before the limitation period started to run would also place the bar too high. K.L.B. v. British Columbia [2003] 2 S.C.R. 403 (S.C.C.) at para. 55-57; McSween v. Louis (2000), 187 D.L.R. (4th) 446 at p. 459 (Ont. C.A).
84 The exact extent of one's loss need not be known before a cause of action can be said to have accrued. Once a plaintiff knows that some damage has occurred and has identified the tortfeasor, the cause of action has accrued. Neither the extent nor the type of damage need be known. Peixeiro v. Haberman, supra, at p. 557.
...
87 The facts upon which any plaintiff relies to fall within the discoverability rule must have an objective basis. Objective facts supporting negligence that were discovered at a later point in time beyond a limitation period are an absolute pre-requisite to the extension of the limitation period. The extension of a limitation period is not driven by "wishes", "maybes", or "emotions" generated by a benevolent or well-intentioned source. Lalani v. Woolford, [1999] O.J. No. 3440 (Ont. Div. Ct.) at paras. 12, 16, 19; Morellato v. Wood (1999), 175 D.L.R. (4th) 753 (Ont. S.C.J.); affirmed at (1999) 187 D.L.R. (4th) 760 (Ont. C.A.).
88 In order to establish that there is a genuine issue for trial with respect to Jack's claim that she did not have the requisite material facts available to her until "in and around 1994", Jack must adduce evidence to support her claim that the necessary information was not discoverable until that time. In my opinion, she failed to do so. Further, Jack must provide evidence demonstrating that there is a factual issue surrounding her failure to discover the alleged negligence before 1994 that requires resolution at trial. Again, in my opinion, she has failed to do
so.
89 She has not provided any evidence on either point. Stell v. Obedkoff (1999), 45 O.R. (3d) 120 (Ont. S.C.J.) at pp. 123-125.

[27] It is the discovery of the facts giving rise to a cause of action that starts the time running, not the discovery of the applicable law. Ignorance of the law does not postpone the starting of the time period. See: Coutanche v. Napolean Delicatessen, [2004] O.J. No. 2746 (C.A.) and Hill v. South Alberta Land Registration District (1993), 135 A.R. 266 (C.A.).

[28] The chambers judge found that “discoverability was a live issue” based on the plaintiff’s statement that she was an infant at the time of the abuse and she did not know that she had a potential claim against the home until 2001. This was, with respect, an error in principle. Knowing that a claim is possible does not equate to knowledge of the facts underlying the cause of action. The plaintiff did not present any evidence supporting the discovery of facts underlying her claim sometime after 1972. The limitation defence had been pleaded in November 2005 and the application for summary judgment made on that basis had been filed in February 2006. In May 2006, there still was no evidence presented by the plaintiff to support a discoverability argument. Therefore the summary judgment application should have been granted. The plaintiff did not meet the onus of establishing that there was a real chance of success because there was a valid limitation defence.

[29] The appeal is therefore allowed. It is not necessary to deal with the other issues raised by the appellants.

2. Fiduciary duty:
[30] The cross appeal raises the issue of whether summary judgment should have been granted on the plaintiff’s claim for breach of fiduciary duty. This requires examination of two questions: does the limitation defence apply to this claim and if not, did the Home establish that there was no genuine issue for trial? (The plaintiff did not appeal the dismissal of the claim for breach of fiduciary against the Agency.)

[31] The Home does not dispute that the Limitations of Actions Act in Nova Scotia does not prescribe a limitation period for actions for breach of fiduciary duty. The comments of LaForest, J. in M. (K.) v. M. (H.), [1992] 3 S.C.R. 6 at pp. 69-71 are therefore applicable as well to Nova Scotia actions:
... In Ontario, by contrast, the Act applies only to a closed list of enumerated causes of action. Counsel for both parties have apparently conceded that this list does not include fiduciary obligations, and it is therefore unnecessary to consider this question in great depth....

See also: D.K. v. B.D. Estate, [2000] N.S.J. No. 330 (S.C.), and the discussion of the issue by Professor Rotman in Fiduciary Law, Thomson Carswell, 2005, at page 619 et seq. My comments should not be taken to exclude the application of laches to an equitable claim, if laches is pleaded and established. But laches involves factual issues that are for trial, not summary judgment: Allen v Royal Canadian Legion 2007 NSCA 44 at ¶ 28-31.

[32] The statement of claim was amended on the day the summary judgment application was heard to include particulars of the exploitation element of the claim for breach of fiduciary duty. The following allegations were added:
39. The Plaintiff states that the NSHCC breached its parental-type fiduciary duty to act loyally in the best interests of the Plaintiff and not to put its own or others' interests ahead of the Plaintiff in a manner that abused the Plaintiff's trust. The breaches of its fiduciary duty include that it:
(a) structured its operations so that they exploited the resident children as a source of free labour rather than functioning as a facility dedicated to the proper care, protection and education of neglected children;
(b) sold substantial portions of the food produced at the home with the aid of free child labour while at the same time depriving the resident children of adequate food and nourishment;
(c) allowed it's the staff to consume substantial portions of the food produced at the home with the aid of free child labour while at the same time depriving the resident children of adequate food and nourishment;
(d) by operating the home like an exploitive plantation, created or materially contributed to an atmosphere of tolerance and encouragement of excessive mental and physical abuse such that the repugnant practices pervaded the home and the relationships between the residents of the home as well as between the agents, employees, servants and residents of the home.

[33] The argument of the Home before the chambers judge, which was accepted by her, was that the plaintiff did not provide any evidence in her affidavit to support the plantation argument which would be required to prove that the Home put its own interests ahead of the plaintiff’s interests. Nor did the plaintiff allege that the Home benefited from her personal labour on the farm. Therefore the judge concluded that there was no genuine issue for trial on the question of benefit to the fiduciary at the expense of the child.

[34] The argument on behalf of the Home was analogous to that of an application to strike for defective pleadings when it submitted that judgment should be granted because there is no allegation that the plaintiff personally worked on the farm.
However, in my view, the pleadings contained in paragraphs 39(a) to (d), given the evolving law in this field, are sufficient to pass the low threshold of absolutely unsustainable.

[35] Since the exploitation element of the fiduciary duty claim had just been included in the statement of claim on the day of the application for summary judgment, the defendants did not present any evidence to establish that there was no genuine issue of fact respecting exploitation for trial. In that respect, this claim differs from the other claims where the defendant’s submissions on the limitation defence were based on agreed-upon dates and the statutory prescriptions. Those submissions shifted the onus on the plaintiff to establish that the limitation periods did not apply because of the discoverability rule. As a result, on the fiduciary duty
claim there was not yet any factual hurdle for the plaintiff to refute. The defendants did not seek an adjournment of the summary judgment application in order to file affidavits to show there was no genuine issue for trial on the fiduciary duty cause of action.

[36] The comments respecting the onus on a defendant applicant for summary judgment made in MacNeil v. Bethune, 2006 NSCA 21 are applicable:
[31] I would underline, however, that as I have said the summary judgment test has two steps, each of which has a different onus. The first step is that the moving party must show that “there is no genuine issue of material fact for trial and therefore summary judgment is a proper question for consideration...”:
Guarantee Co. of North America, supra. This requirement has been described in Somers Estate v. Maxwell (1995), 107 Man. R.(2d) 220 ; [1996] M.J. No. 46 (Q.L.)(C.A.), as follows:
10 In some respects a defendant's motion for summary judgment is like a motion to dismiss a claim as one disclosing no cause of action . The most significant [difference] is that, unlike the motion to dismiss on the pleadings, a motion for summary judgment is not decided on the
assumption that the facts alleged are true. The defendant must prove the facts to be such that, prima facie, the action fails in law. The burden then shifts to the plaintiff to prove facts which establish, if not the validity of the claim, at least a genuine issue for determination.
11 The initial question for the motions judge was not therefore that which she asked herself. There was no onus on the plaintiff to establish either a genuine issue or a prima facie case until the defendant had proven, on a prima facie basis, the absence of a valid claim in law.
[32] I have also found the comments of Green, J., as he then was, in Marco, supra, helpful in this regard:
76 . . .
3. To bring himself or herself within the Rule the applying party must:
(a) in a case where he or she has the ultimate burden of proof on the merits, put forward an evidentiary basis for the claim which, if considered alone, would prove each element of the cause of action; or
(b) in a case where the other party has the burden of proof on the merits, put forward an evidentiary base establishing a defence to the claim as defined in the pleadings or tending to show that the other party's claim has no substance to it.
4. In either of the foregoing cases, the applying party's case must consist of an organized set of facts set out in a coherent way, either from primary sources or the best sources available, including admissions on interrogatories and discoveries, that constitute proof of a proper foundation of the claim or defence, as the case may be.
[emphasis added]

[37] In this case the defendant Home did not meet the first part of the summary judgment test, and the application should therefore have been dismissed. It was an error of law to put the burden of the second step on the plaintiff when the defendant had not presented an evidentiary base establishing a defence to the claim for breach of fiduciary duty.

Conclusion:
[38] I would for these reasons allow the appeal and the cross appeal. Summary judgment is granted to the Home and the Agency on the plaintiff’s claims in breach of contract, negligence and vicarious liability for assault. The summary judgment order granted by the chambers judge on the claim for breach of fiduciary duty against the Home is set aside. Any costs paid as a result of the order of the chambers judge are to be repaid.

[39] Since success was divided there should be no costs on the appeal or the cross appeal to the Home or the plaintiff. The Agency should have costs of the appeal payable by the plaintiff in the amount of $1500 plus disbursements. The Agency is also entitled to its costs of the action payable by the plaintiff, to be determined on application to Supreme Court chambers.

Roscoe, J.A.
Concurred in:
Saunders, J.A.
Fichaud, J.A.

Saturday, August 18, 2007

Psychopaths Working in Children's Services


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* NEW POSTS this page:
1. The Gray Rock Method of Dealing with Psychopaths
http://180rule.com/the-gray-rock-method-of-dealing-with-psychopaths/
- Directions for those who want to get rid of a psychopath contact and directions for those who through family or work ties need to retain a contact with a psychopath.

2. Defense Against the Psychopath


3. The Sociopath's Game- Covetous

Robert D Hare


Psychopaths Working in Children's Services

First a disturburbing word from Robert D Hare PhD Psychologist - Without Conscience: the Disturbing World of the Psychopaths Among Us (109-110) :

The idea that a psychopath could actually hang up a shingle as a lawyer or and investment counselor is not very comforting. But even more ununsettling are the cold calculated violations of power and trust committed by a small number of professionals - doctors, pyschiatrists, psychologists, teachers, counselors, child-caseworkers - whose very job it is to help the vulnerable.

In the Mask of Sanity, for example, Hevey Cleckley vividly described a psychopathic physican and psychiatrist. He noted that the real difference between them and the psychopaths who end up in jail or in psychiatric hospitals is that they simply manage to keep up a better and more consistent appearance of normality.

However their cloak of respectability is thin and uncomfortable and easily shed, often to the dismay of their unfortunate patients [clients]. . . leaving them feeling bewildered and betrayed. And if the victims complain, they may be traumatized further by a system primed to believe the therapist. . . .

The most frightening use of trust to satisfy one's own needs involves the most vulnerable members of society. . . . The most terrifying of the abusers are psychopaths, who think nothing of inflicting devastating physical and emotional damage on the children in their care . . . psychopathic abusers are unmoved . . .

Several months ago, I received a call from a psychiatrist in a western state. She commented that more than a few private agencies contracted by the state to treat disturbed and delinquent adolescents had been charged with abusing the clients in their care. Her experiences with these agencies led her to suspect that many of the offending personnel were psychopaths who willingly used their positions of power and trust to sexually mistreat their patients. She proposed that the Psychopathy Checklist be used to screen the personnel of private agencies that bid for custodial and treatment contracts

- Robert D Hare PhD Psychologist


***********************************
Puzzling People : The Labyrinth of the Psychopath - Thomas Sheridan Interview

KZUM radio w/host Scott Colburn 2011
hmm... "psychopath", Think: Bush, Rumsfield, Cheney, World
Corporation CEO's, "snakes in suits" dictating world policy...



A number of people have expressed the need for this information to get out to as many people as possible. So here is a posting by Linda Youngson B.A., B.Ed., M.Ed (psychology) found on a popular A and E TV discussion board on Children's Aid Society Corruption. Below the original posting, Youngson has also provided some quotes from a very informative book Without Conscience: The Disturbing World of the Psychopaths Among Us by Robert D Hare PhD, the world's foremost expert on Psychopathy.

She promises to add more information on psychopaths to this article. So check back here for additional information.

Here are some additional informative links:

A Psycho/Sociopath Speaks Out http://askdrrobert.dr-robert.com/sociopath.html

Another Psycho/Sociopath Speaks Out http://askdrrobert.dr-robert.com/psychopath.html

A Parent of a Psychopath Speaks Out http://askdrrobert.dr-robert.com/sociopath2.html

The Psychopath Next Door http://chericola57.tripod.com/infinite.html



 


PSYCOPATHS IN THE SYSTEM !
Posted May 28, 2007 by Linda Youngson (199 of 229)

Yes Children's Aid is Corrupt! There is a lot of money being made off this system at the expense of our families and our children.

I hope all of you who write in on this subject are joining groups and are trying to make the system better for those behind you- Remember some of those behind you are your own children, grandchildren, nieces, nephews etc.

Here is some other food for thought: I believe that CAS/ FCS/ the Agency (whatever name your local establishment goes by) and the Family Court system has become a haven for people who have learned to deaden their consciences as well as genuine psychopaths (people who have been born with no consciences).

Good people who really care, quickly see the corruption and leave or burn out in these jobs BUT the ones with deadened or no concsciences stay. Over time, as the good people leave and are replaced, there is a build up (more than can be found in the general population) of psychopaths and those with deadened consciences.

These are the ones who are ultimately responsible for our children when they are in the system! Any wonder they are so cold and calculating and don't care one sniff for you, your family, or your children. They don't care, and the psychopaths don't even have the ability to care about anybody!

There is a new book called Snakes in Suits: When Psycopaths go to Work, written by 2 PhD psychologists, Paul Babiak, Ph.D. and Robert D Hare Ph.D., about psychopaths in our everyday world. I encourge you to go to your library and borrow a copy. Psychopaths are out there working jobs and doing all kinds of evil and we need to be aware of the places they are most likely to gather and how to identify them.
Hang in there everyone! Give each other help and support.



Psychopath - [Part 1] - Psychology - Documentary



Psychopath - [Part 2] - Psychology - Documentary



Psychopath - [Part 3] - Psychology - Documentary



Psychopath - [Part 4] - Psychology - Documentary


Psychopath - [Part 5] - Psychology - Documentary


[Below are excerpts from another knowledgable book on psychopaths ! ]

Without Conscience: The Disturbing World of the Psychopaths Among Us
By Robert D Hare PhD

Psychopaths are social predators who charm, manipulate, and ruthlessly plow their way through life, leaving a broad trail of broken hearts, shattered expectations, and empty wallets. Completely lacking in conscience and in feelings for others, they selfishly take what they want and do as they please, violating social norms and expectations without the slightest sense of guilt or regret.” (xi)

Several years ago . . .we used a biomedical recorder to monitor electrical activity in the brains of several groups of adult men . . . “Frankly, we found some of the brain wave patterns depicted in the paper very odd. Those EEGs couldn’t have come from real people.” . . we hadn’t gathered them from aliens and we certainly hadn’t made them up. We had obtained them from a class of individuals found in every race, culture, society, and walk of life. Everybody has met these people, been deceived and manipulated by them, and forced to live with or repair the damage they have wrought. These often charming - but always deadly - individuals have a clinical name: psychopaths. Their hallmark is a stunning lack of conscience; their game is self-gratification at the other person’s expense. Many spend time in prisons, but many do not. All take far more than they give. (1)

“To give you some idea of the enormity of the problem that faces us, consider that there are at least 2 million psychopaths in North America; the citizens of New York have as many as 100,000 psychopaths among them. And these are conservative estimates. Far from being an esoteric, isolated problem that affects only a few people, psychopathy touches virtually every one of us.
Consider also that the prevalence of psychopathy in our society is about the same as that of schizophrenia, a devastating mental disorder that brings heart-wrenching distress to patient and family alike. However, the scope of the personal pain and distress associated with schizophrenia is small compared to the extensive personal, social, and economic carnage wrought by psychopaths. They cast a wide net, and nearly everyone is caught in it one way or another.” (2)

Psychopaths are rational and aware of what they are doing and why. Their behavior is the result of choice, freely exercised . (22)

Psychopathy is a syndrome - a cluster of related sympoms. (34)

A signpost to this trait is often a smooth lack of concern at being found out. (35)

Psychopaths show a stunning lack of concern for the devastating effects their actions have on others. Often they are completely forthright about matters, calmly stating that they have no sense of guilt, are not sorry for the pain and destruction they have caused, and that there is no reason for them to be concerned. . . . Psychopaths sometimes verbalize remorse but then contradict themselves in words or actions. . . . Psychopaths’ lack of remorse or guilt is associated with a remarkable ability to rationalize their behavior and to shrug off personal responsibility for actions that cause shock and disappointment to family, friends, associates, and others who have played by the rules. Usually they have handy excuses for their behavior, and in some cases they deny that it happened at all. . . Although sometimes a psychopath will admit to having performed the actions, he will greatly minimize or even deny the consequences to others. (40-43)

Many of the characteristics displayed by psychopaths - especially their egocentric, lack of remorse, shallow emotions, and deceitfulness - are closely associated with a profound lack of empathy (an inability to construct a mental and emotional “facsimile’ of another person). They seem unable to “get into the skin“ or to “walk in the shoes” of others, except in a purely intellectual sense. The feelings of other people are of no concern to psychopaths.

In some respects they are like the emotionless androids depicted in science fiction, unable to imagine what real humans experience . . .Psychopaths view people as little more than objects to be used for their own gratification. The weak and the vulnerable - whom they mock, rather than pity - are favorite targets. ( 44)

Lying, deceiving, and manipulation are natural talents for psychopaths. With their powers of imagination in gear and focused on themselves, psychopaths appear amazingly unfazed by the the possibility - or even by the certainty - of being found out. When caught in a lie or challenged with the truth, the are seldom perplexed or embarrassed - they simply change their stories or attempt to rework the facts so that they apper to be consistent with the lie. . . Psychopaths seem proud of their ability to lie. When asked if she lied easily, one woman with a high score on the Psychopathy Checklist laughed and replied, "I'm the best. I'm really good at it, I think because I sometimes admit to something bad about myself. They'd think ,well, if she's admitting to that she must be telling the truthabout the rest." She also said that she sometimes "salts the mine" with a nugget of truth. "If they think some of what you say is true, they ususlly think it's all true." (46-47)

Psychopaths seem to suffer a kind of emotional poverty that limits the range and depth of their feelings. While at times they appear cold and unemotional, they are prone to dramatic, shallow, and short-lived displays of feelings. [BUT] Careful observers are left with the impression that they play-acting and that little is going in below the surface. . . Many clinicians have commented that the emotions of psychopaths are so shallow as to be little more than proto-emotions : primitive responses to immediate needs . . " It's all the same. It's programed, all worked out. I could get angry right now. it's easy to turn on ans off." (52-53)


Labratory experiments using biomedical recorders have shown that psychopaths lack the physiological responses normally associated with fear. . . Fear keeps us from doing some things. . . For most of us, fear and apprehension are associated with a variety of unpleasant bodily sensations, such as sweating of the hands, a "pounding" heart, dry mouth, muscle tenseness or weakness, trembles, and "butterflies" in the stomach. . . These bodily sensations do not form part of what psychopaths experience as fear. For them, fear - like most other emotions - is incomplete, shallow, largely cognitive in nature, and without the physiological turmoil or "coloring" that most of us find distinctly unpleasant and wish to avoid or reduce. (54 -56)

In psychopaths, there inhibitory controls are weak, and the slightest provocation is sufficient to overcome them. As a result, psychopaths are short- tempered or hotheaded and tend to respond to frustration, failure, discipline, and criticism with sudden violence, threats, and verbal abuse. They take offense easily and become angry and aggressive over trivialities, and often in a context that appears inappropriate to others. But their outbursts, extreme as they may be, are generally short-lived, and they quickly resume acting as if nothing out of the ordinary has happened. . . .When psychopaths "blow their stacks" . . . they know exactly what they are doing. Their aggresive displays are "cold"; they lack the intense emotional arousal experienced by others when they lose their temper (59-60)

Psychopaths have an ongoing and excessive need for excitment - they long to live in the fast lane or "on the edge", where the action is. In many cases the action involves breaking the rules. (61)

Psychopaths usually don't get along well with one another. The last thing an egotistic, selfish, demanding, callous person wants is someone just like him. Two stars is one too many. Occassionally, however, psychopaths become temporary partners in crime - a grim symbiosis with unfortunate consequesnces for other people . (65)

There may be as many as 2 or 3 million psychopaths in North America . . . for every psychopath who is a serial killer, there are 20,00 or 30,00 psychopaths who do not commit serial murder. (74)

For psychopaths . . . the social experiences that normally build a conscience never take hold. Such people don't have an inner voice to guide them; they know the rules but follow only those they choose to follow, no matter what the repercussions for others. They have little resistance to temptation, and their transgressions elicit no guilt. Without the shackles of a nagging conscience, they feel free to satisfy their needs and wants and do whatever they think they can get away with. Any antisocial act, from petty theft to bloody murder, becomes possible. (75-76)

Psychopaths are very good at giving their undivided attention to things that interest them most and at ignoring other things. Some clinicians have likened the process to a narrow-beam searchlight that focuses on only one thing at a time. Others suggest that it is similar to the concentration with which a predator stalks its prey. (76)

Imagining the world as the psychopath experiences it is close to impossible. (78)

Their readiness to take advantage of any situation that arises, combined with their lack of the internal controls we know as conscience, creates a potent formula for crime [manipulation and abuse]. (87)

The idea that a psychopath could actually hang up a shingle as a lawyer or and investment counselor is not very comforting. But even more ununsettling are the cold calculated violations of power and trust committed by a small number of professionals - doctors, pyschiatrists, psychologists, teachers, counselors, child-caseworkers - whose very job it is to help the vulnerable. In the Mask of Sanity, for example, Hevey Cleckley vividly described a psychopathic physican and psychiatrist. He noted that the real difference between them and the psychopaths who end up in jail or in psychiatric hospitals is that they simply manage to keep up a better and more consistent appearance of normality. However their cloak of respectability is thin and uncomfortable and easily shed, often to the dismay of their unfortunate patients [clients]. . . leaving them feeling bewildered and betrayed. And if the victims complain, they may be traumatized further by a system primed to believe the therapist. . . . The most frightening use of trust to satisfy one's own needs involves the most vulnerable members of society. . . . The most terrifying of the abusers are psychopaths, who think nothing of inflicting devastating physical and emotional damage on the children in their care . . . psychopathic abusers are unmoved . . .Several months ago, I received a call from a psychiatrist in a western state. She commented that more than a few private agencies contracted by the state to treat disturbed and delinquent adolescents had been charged with abusing the clients in their care. Her experiences with these agencies led her to suspect that many of the offending personnel were psychopaths who willingly used their positions of power and trust to sexually mistreat their patients. She proposed that the Psychopathy Checklist (see below) be used to screen the personnel of private agencies that bid for custodial and treatment contracts. (109-110)

Many psychopaths wind up in prisons or other correctional facilities time and again. . . However, many psychopaths never go to prison or any other facility. They appear to function reasonably well - as lawyers, doctors, pstchiatrists, academics, mercenaries, police officers, cult leaders, military personnel, businesspeople, writers, artists, entertainers, and so forth - without breaking the law, or at least without being caught and convicted. These individuals are every bit as egocentric, callous, and manipulative as the average criminal psychopath; however, their intellengence, family background [connections], social skills, and circumstances permit them to construct a facade of normalcy and to get what they want with relative impunity. (113)

The cases [of psychopathy] that come to the public's attention represent only the tip of a very large iceberg. . . The rest of the iceberg is to be found nearly everywhere - in business, the home, the professions, the military, the arts, the entertainment industry, the news media, academe, the blue-collar world. Millions of men, women and children daily suffer terror, anxiety, pain, and humiliation at the hands of the psychopaths in their lives.

Tragically, these victims often cannot get other people to understand what they are going through. Psychopaths are very good at putting on a good impression when it suits them, and they often paint their victims as the real culprits. (115)

" 'Getting in touch with your feelings.' For psychopaths, the exercise - like the search for the Holy Grail - is doomed to failure. In the final analysis, their self-image is defined more by possessions and other visible signs of success and power than by love, insight, and compassion, which are abstractions and have little inherent meaning for them. (134)

"Psychopaths have trouble putting into words emotional ideas because they are vague and poorly understood. . . . Psychopaths' thoughts and ideas are organized into rather small mental packages and readily moved around. This can be a distinct advantage when it comes to lying. . . . skilled liars are able to break down ideas, concepts, and language into basic components and then recombine them in a variety of ways, almost as if they were playing Scrabble. But in doing so, the psychopath endangers his overall script; it may lose its unifying structure or becomes less coherent and integrated than if he were dealing in large thought units. For this reason the competent liar often uses a thin 'truth line' to help keep track of what he says and to ensure that his story appears consistent to the listener. ' The most mischievous liars are those who keep sliding on the verge of truth'

Although psychopaths lie a lot, they are not the skilled liars we often make them out to be. . . . their speech is full of inconsistent or contradictory statements. Psychopaths may play mental Scrabble, but they sometimes do it badly because they fail to integrate the pieces into a coherent whole; their truth line is fragmented and patch, at best." (136-137)

"It now appears that the communications of psychopaths are subtly odd and part of a general tendency to 'go off track.' That is, they frequently change topics, go off on irrelevant tangents, and fail to connect phrases and sentences in a straightforward manner. The story line, though somwhat disjointed, may seem acceptable to the casual listener." (138)

"Psychopaths are notorious for not answering the question posed them or for answering in a way that seems unresponsive to the question" (139)

"Minor breakdowns in communication are not uncommon in normal people . . But in psychopaths the breakdowns are more frequent, more serious, and possibly indicative of an underlying condition in which the organization of mental activity - but not its content - is defective. It is how they string words and sentences together, not what they actually say, that suggests [psychopathy] abnormality." (139)

"This raises an important issue: If their speech is sometimes peculiar, why are psychopaths so believable, so capable of deceiving and manipulating us? Why do we fail to pick up the inconsistencies in what they say? The short answer is, it is difficult to penetrate their mask of normalcy: The oddities in their speech are often too subtle for the casual observer to detect, and they put on a good show. We are sucked in not by what they say but by how they say it and by the emotional buttons they push while saying it" (142)

"Psychopaths do meet current legal and psychiatric standards for sanity. They understand the rules of society and the conventional meanings of right and wrong. They are capable of controlling their behaviour, and they are aware of the potential consequences of their acts. Their problem is that this knowledge fails to deter them from antisocial behaviour. (143)

“As the signs of social breakdown grow more insistent, we no longer have the luxury of ignoring the presence of psychopathy in certain children. Half a century ago Hervey Cleckley and Robert Lindner warned us that our failure to acknowledge the psychopaths among us had already triggered a social crisis. Today our social institutions - our schools, courts, mental health clinics - confront the crisis every day in a thousand ways, and the blindfold against the reality of psychopathy is still in place. Our only hope is bringing to bear what we know about the disorder as early as possible. Otherwise, we will continue applying Band-Aids to a life-threatening disease, and the social crisis will worsen.” (163)

“ I can find no convincing evidence that that psychopathy is the direct result of early social or environmental factors. . . There is little evidence that early attachment difficulties have anything to do with the development of psychopathy . . . While some assert that psychopathy is the result of attachment difficulties in infancy, I turn the argument around: In some children the very failure to bond is a symptom of psychopathy. It is likely that these children lack the capacity to bond readily, and that their lack of attachment is largely the result, not the cause, of psychopathy. . . An individual with a mix of psychopathic personality traits who grows up in a stable family and has access to positive social and educational resources might become a con artist or white-collar criminal, or perhaps a somewhat shady entrepreneur, politician, or professional [or social worker]. Another individual, with much the same personality traits but from a deprived and disturbed background, might become a drifter, mercenary, or violent criminal. In each case, social factors and parenting practices help to shape the behavioral expression of the disorder, but have less effect on the individual’s inability to feel empathy or to develop a conscience. No amount of social conditioning will by itself generate a capacity for caring about others or a powerful sense of right or wrong. . . The quality of family life has absolutely no effect on the emergence of criminality in psychopaths . . . [However] a deprived and disturbed background, where violent behavior is common, finds a willing pupil in the psychopath, for whom violence is not emotionally different from other forms of behavior. . . Parenting behavior may not be responsible for the essential ingredients of the disorder, but it may have a great deal to do with how the syndrome develops and is expressed. There is little doubt that poor parenting and [or] unfavorable social and physical environments can greatly exacerbate potential problems and that they play a powerful role in molding the behavioral patterns of children. The complex interplay of these forces helps to determine why only a few psychopaths become serial killers while the vast majority [the ones from good families] go through life as “ordinary” criminals, shady businessmen, or legal predators [or ruthless destructive social workers! ] (170, 172, 174 -175, 178)

[I want to clarify that Hare is stating that psychopaths, people without conscience and feelings, are born psychopaths. But how violently they manifest their destructive behavior may be linked to their experiences in childhood.

Hare is also stating that trauma in childhood that could be a contributing factor that results in more violent psychopaths MAY include poor parenting but it may also include other traumas in childhood refered to as "unfavorable social and physical environments" . - Linda Youngson]


"Many writers on the subject have commented that the shortest chapter in any book on psychopathy should be the one in treatment. A one-sentence conclusion such as, 'No effective treatment has been found', or, 'Nothing works', is the common wrap-up to scholarly reviews of the literature." (194)

"A basic assumption of psychotherapy is that the patient needs and wants help from distressing or painful psychological and emotional problems . . . the patient must recognize that there is a problem and must want to do something about it . . . Psychopaths don't feel they have psychological or emotional problems, and they see no reason to change their behaviour to conform to societal standards with which they do not agree.

To elaborate, psychopaths are generally well satisfied with themselves and with their inner landscape, bleak as it may seem to outside observers. They see nothing wrong with themselves experince little personal distress, and find their behaviour rational, rewarding, and satisfying; they never look back with regret or forward with concern. They perceive themselves as superior beings in a hostile, dog-eat-dog world in which others are competitors for power and resources. Psychopaths feel it is legitimate to manipulate and deceive others in order to maintain their 'rights' and their social interactions are planned to outmaneuver the malevolence they see in others. Given these attitudes, it is not surprising that the purpose of most psychotherapeutic approaches is lost on psychopaths." (195)

"Most therapy programs do little more than provide psychopaths with new excuses and rationalizations for their behaviour and new insights into human vulnerability. They may learn new and better ways of manipulating other people, but they make little effort to change their own views and attitudes or to understand that other people have needs, feelings, and rights. In particular, attempts to teach psychopaths how to 'really feel' remorse or empathy are doomed to failure" (196-197)

"Not only was the [therapeutic] program not effective for psychopaths, it may actually have made things worse! Psychopaths who did not take part in the program were less violent following release from the unit than were the treated psychopaths . . . Unfortunately, programs of this sort merely provide the psychopath with better ways of manipulating, deceiving, and using people. As one psychopath put it, 'These programs are like a finishing school. They teach you how to put the squeeze on people'

They are also a rich source of facile excuses for the psychopath's behaviour: 'I was an abused child', or, 'I never learned to get in touch with my feelings'.

Courses in psychology, sociology, and criminology are ver popular [with psychopaths] These programs , like those devoted to therapy, may suppy psychopaths with little more than superficial insights and knowledge of terms and concepts -buzzwords - having to do with interpersonal and emotional processes, but they allow psychopaths to convince the gullible that they have ben rehabilitated or 'born again'. (199-200)


Features and Assessment of Psychopathy


Dr. Hare's Psychopathy Checklist

1. GLIB and SUPERFICIAL CHARM: The tendency to be smooth, engaging, charming, slick, and verbally facile. Sociopathic charm is not in the least shy, self-conscious, or afraid to say anything. A sociopath never gets tongue-tied. They have freed themselves from the social conventions about taking turns in talking, for example.

2. GRANDIOSE SELF-WORTH: A grossly inflated view of one's abilities and self-worth, self-assured, opinionated, cocky, a braggart. Sociopaths are arrogant people who believe they are superior human beings.

3. NEED FOR STIMULATION or PRONENESS TO BOREDOM: An excessive need for novel, thrilling, and exciting stimulation; taking chances and doing things that are risky. Sociopaths often have low self-discipline in carrying tasks through to completion because they get bored easily. They fail to work at the same job for any length of time, for example, or to finish tasks that they consider dull or routine.

4. PATHOLOGICAL LYING: Can be moderate or high; in moderate form, they will be shrewd, crafty, cunning, sly, and clever; in extreme form, they will be deceptive, deceitful, underhanded, unscrupulous, manipulative, and dishonest.

5. CONNING AND MANIPULATIVENESS: The use of deceit and deception to cheat, con, or defraud others for personal gain; distinguished from Item #4 in the degree to which exploitation and callous ruthlessness is present, as reflected in a lack of concern for the feelings and suffering of one's victims.

6. LACK OF REMORSE OR GUILT: A lack of feelings or concern for the losses, pain, and suffering of victims; a tendency to be unconcerned, dispassionate, coldhearted, and un empathic. This item is usually demonstrated by a disdain for one's victims.

7. SHALLOW AFFECT: Emotional poverty or a limited range or depth of feelings; interpersonal coldness in spite of signs of open gregariousness.

8. CALLOUSNESS and LACK OF EMPATHY: A lack of feelings toward people in general; cold, contemptuous, inconsiderate, and tactless.

9. PARASITIC LIFESTYLE: An intentional, manipulative, selfish, and exploitative financial dependence on others as reflected in a lack of motivation, low self-discipline, and inability to begin or complete responsibilities.

10. POOR BEHAVIORAL CONTROLS: Expressions of irritability, annoyance, impatience, threats, aggression, and verbal abuse; inadequate control of anger and temper; acting hastily.

11. PROMISCUOUS SEXUAL BEHAVIOR: A variety of brief, superficial relations, numerous affairs, and an indiscriminate selection of sexual partners; the maintenance of several relationships at the same time; a history of attempts to sexually coerce others into sexual activity or taking great pride at discussing sexual exploits or conquests.

12. EARLY BEHAVIOR PROBLEMS: A variety of behaviors prior to age 13, including lying, theft, cheating, vandalism, bullying, sexual activity, fire-setting, glue-sniffing, alcohol use, and running away from home.

13. LACK OF REALISTIC, LONG-TERM GOALS: An inability or persistent failure to develop and execute long-term plans and goals; a nomadic existence, aimless, lacking direction in life.

14. IMPULSIVITY: The occurrence of behaviors that are unpremeditated and lack reflection or planning; inability to resist temptation, frustrations, and urges; a lack of deliberation without considering the consequences; foolhardy, rash, unpredictable, erratic, and reckless.

15. IRRESPONSIBILITY: Repeated failure to fulfill or honor obligations and commitments; such as not paying bills, defaulting on loans, performing sloppy work, being absent or late to work, failing to honor contractual agreements.

16. FAILURE TO ACCEPT RESPONSIBILITY FOR OWN ACTIONS: A failure to accept responsibility for one's actions reflected in low conscientiousness, an absence of dutifulness, antagonistic manipulation, denial of responsibility, and an effort to manipulate others through this denial.

17. MANY SHORT-TERM MARITAL RELATIONSHIPS: A lack of commitment to a long-term relationship reflected in inconsistent, undependable, and unreliable commitments in life, including marital.

18. JUVENILE DELINQUENCY: Behavior problems between the ages of 13-18; mostly behaviors that are crimes or clearly involve aspects of antagonism, exploitation, aggression, manipulation, or a callous, ruthless tough-mindedness.

19. REVOCATION OF CONDITION RELEASE: A revocation of probation or other conditional release due to technical violations, such as carelessness, low deliberation, or failing to appear.

20. CRIMINAL VERSATILITY: A diversity of types of criminal offenses, regardless if the person has been arrested or convicted for them; taking great pride at getting away with crimes.



Is Your Partner A Sociopath !?!?!

This week's Dr. Paul Show featured Donna Andersen who is the author of Love Fraud. Donna has spent many years researching the characteristics of sociopathic behavoir, and she also shares many of her personal experiences being married to her ex-husband who was a sociopath. Donna also discusses 10 traits that will tell you if your sinificant other is a social predator! http://www.lovefraud.com/


Understanding Psychopaths, Psychopathy, Psychopathology







The Sociopath Next DoorMartha C. Stout • Part 1
The Sociopath Next Door (Introduction)

We think of sociopaths as violent although most are quite ordinary with disorders undetected. I realized her lack of conscience is deflected and masked quite well with a mastery of the blame game. Masters of this game come out quite calm and composed when they contend with those equally equipped, but ironically they are flustered and irritated when they contend with non-masters or those who do not have a clue of how the game is played.

She strutted into a meeting without the ingredients and is battered, admonished and embarrassed in front of peers. Her brashness is stripped and ego dented. A phone call subsequently indicated the game is imminent and twenty-four hours later it is in full swing, but with a non-master. Thirty-four hours into the event she is all flustered and irritated.

My question is does she hone her skills when the game is played with a master or with a non-master! Martha offers clues to arm against the sociopath, suspect flattery and recognize pity play. Above all, she explains when the sociopath beckons, how to recognize and deal with the aberration.

The Sociopath Next Door is an absorbing self-help manual. Martha Stout serves in expunging guilt in relevant parties by extracting diabolical strains residing in deep recesses and placing them on the table.



* NEW POST this page:
The Gray Rock Method of Dealing with Psychopaths
http://180rule.com/the-gray-rock-method-of-dealing-with-psychopaths/
- Directions for those who want to get rid of a psychopath contact and directions for those who, through family or work ties, need to retain a contact with a psychopath.

When dealing with malignant narcissists, psychopaths, sociopaths, borderlines, drama queens, stalkers and other emotional vampires, it’s commonly advised that no response is the best response to unwanted attention. This is often true and No Contact (the avoidance of all communication) should be used whenever possible.

There are some situations however, when No Contact is not feasible, as in when you share child custody with a psychopath. As another example, if you are being stalked by an ex, a restraining order can infuriate the unwanted suitor, and refusing to respond to him or her is seen as an insult. They might become convinced that they can MAKE you respond and in that way satiate their need for power over you.

Furthermore, many of us have tried to end a relationship with a psychopath several times, only to take them back, each time. They turned on the pity ploy and the charm, and because we didn’t understand that this is what a psychopath does, we fell for their promises to change. They know all of our emotional hooks. For them, it’s easy and fun to lure us back by appealing to our emotions. But a psychopath can’t change.

In fact, when you leave a psychopath, he becomes determined to punish you even more severely for thinking you could be autonomous.

Even if we don’t take them back, the most dangerous time for a person is when they first break up with a psychopath. The psychopath feels rage at being discarded. Losing control or power over a person is not just a narcissistic injury for them; they feel profoundly empty when their partner leaves them — even if they had intended to kill their partner. The reason is because they have lost control. Psychopaths need to feel in control at all times.

For all these situations, we have Gray Rock.

What it is:


So, how do we escape this parasitical leech without triggering his vindictive rage? Gray Rock is primarily a way of encouraging a psychopath, a stalker or other emotionally unbalanced person, to lose interest in you. It differs from No Contact in that you don’t overtly try to avoid contact with these emotional vampires. Instead, you allow contact but only give boring, monotonous responses so that the parasite must go elsewhere for his supply of drama. When contact with you is consistently unsatisfying for the psychopath, his mind is re-trained to expect boredom rather than drama. Psychopaths are addicted to drama and they can’t stand to be bored. With time, he will find a new person to provide drama and he will find himself drawn to you less and less often. Eventually, they just slither away to greener pastures. Gray Rock is a way of training the psychopath to view you as an unsatisfying pursuit — you bore him and he can’t stand boredom.

What it’s for:

Making a psychopath go away of his own volition is one application of Gray Rock. One might say that Gray Rock is a way of breaking up with a psychopath by using the old, “It’s not you, it’s me.” excuse, except that you act it out instead of saying it and the psychopath comes to that conclusion on his own.

Another reason to use Gray Rock is to avoid becoming a target in the first place. If you find yourself in the company of one or more narcissistic personalities — perhaps you work with them or they are members of your family — it’s important to avoid triggering their ENVY. By using Gray Rock, you fade into the background. It’s possible they won’t even remember having met you. If you have already inadvertently attracted their attention and they have already begun to focus in on you, you can still use Gray Rock. Tell them you are boring. Describe a boring life. Talk about the most mundane household chores you accomplished that day — in detail. Some people are naturally lacking in dramatic flair. Find those people and try to hang around them when the psychopath is nearby.

If you must continue a relationship with a psychopath, Gray Rock can serve you as well. Parents sharing joint custody with a psychopathic ex-spouse can use Gray Rock when the ex-spouse tries to trigger their emotions. I acknowledge that any threat to the well-being of our children is overwhelmingly anxiety provoking. Here is where Gray Rock can be applied selectively to draw attention away from what really matters to you. In general, show no emotion to the offending behaviors or words. The psychopath will try different tactics to see which ones get a reaction. With Selective Gray Rock, you choose to respond to the tactic which matters least to you. This will focus the psychopath’s attention on that issue. Remember, the psychopath has no values, so he doesn’t understand what is valuable to us — unless we show him. Selective Gray Rock shows him a decoy. When protecting our children, we can take a lesson from nature: Bird parents who have fledglings are known to feign a broken wing when a predator is in the vicinity. They fake a vulnerability to detract the cat’s attention from their real vulnerability, their babies. In this example, Selective Gray Rock fades all emotions into the background except the ones you want the predator to see.

Why it works:


A psychopath is easily bored. He or she needs constant stimulation to ward off boredom. It isn’t the type of boredom that normal people experience; it’s more like the French word, ennui, which refers to an oppressive boredom or listlessness.

Drama is a psychopath’s remedy for boredom. For drama, they need an audience and some players. Once the drama begins, they feel complete and alive again. They are empowered when pulling the strings that elicit our emotions. Any kind of emotions will do, as long as it is a response to their actions.

A psychopath is an addict. He is addicted to power. His power is acquired by gaining access to our emotions. He is keenly aware of this and needs to constantly test to make sure we are still under his control. He needs to know that we are still eager to do his bidding, make him happy and avoid his wrath. He needs to create drama so he can experience the power of manipulating our emotions. As with any addiction, it is exhilarating to the psychopath when he gets his supply of emotional responses. The more times he experiences a reward for his dramatic behavior, the more addicted he becomes. Conversely, when the reward stops coming, he becomes agitated. He experiences oppressive boredom and he will counter it by creating more drama. BUT if we stay the course and show no emotions, the psychopath will eventually decide that his toy is broken. It doesn’t squirt emotions when he squeezes it anymore! Most likely, he will slither away to find a new toy.

The Gray Rock technique does come with a caveat: psychopaths are dangerous people, if you are in a relationship with one that has already decided to kill you, it will be difficult to change his mind. He may already be poisoning you or sabotaging your vehicle. Take all necessary precautions. In this case, Gray Rock can only hope to buy time until you can make your escape.

How it works:


Psychopaths are attracted to shiny, pretty things that move fast and to bright lights. These things, signal excitement and relieve the psychopath’s ever-present ennui. Your emotional responses are his food of choice, but they aren’t the only things he wants.

He envies everything pretty, shiny and sparkly that you have and he wants whatever you value. You must hide anything that he will notice and envy. If you happen to be very good looking, you need to change that during this time. Use makeup to add bags under your eyes. If you aren’t married to the psychopath, any money or assets he covets should disappear “in a bad investment decision” (consult with your attorney on this). Your shiny sports car has to go, get a beater. If you have a sparkling reputation, anticipate that he will or has already begun to slander you; therefore, don’t allow yourself to be put into any compromising position or pushed into erratic behavior.

The reason he wants to take these things from you, is not necessarily because he wants them for himself, it’s because he wants to see the emotions on your face when you lose them. He wants the power trip associated with being the one who took them from you. By preemptively removing these things from his vision and not reacting with emotion at the losses, you continue to train him with the idea that you are the most boring person on earth, someone he would never want to be.

Origin of Gray Rock:


In 2009, I left my psychopathic partner after 25 years, but I didn’t understand what was wrong with him. I sat in a sushi bar, lost in confusion, when a tall, athletic man introduced himself. To my own surprise, I instinctively poured out my story to him. This complete stranger listened to my story and then he explained to me that I was dealing with a malignant narcissist. He advised me, “Be boring.” He told me that his girlfriend would come home each night, begin drinking and become abusive. They were both professionals who traveled in the same professional circles. He knew that she would stalk him if he broke up with her and he didn’t want to risk the slander and drama which could leak out and damage his professional reputation.

His solution was to be so boring that she would simply leave him. He declined to go out on evenings and weekends. He showed no emotional reaction about anything, no interest in anything and responded with no drama. When she asked if he wanted to go out for dinner, his reply was, “I don’t know.” After a few months of no drama, she simply moved out.

Why is it called Gray Rock?

I chose the words Gray Rock because I needed an object for us to channel when we are in an emotionally charged situation. You don’t just practice Gray Rock, you BECOME a Gray Rock. There are gray rocks and pebbles everywhere you go, but you never notice them. None of them attract your attention. You don’t remember any specific rock you saw today because they blend with the scenery. That is the type of boring that you want to channel when you are dealing with a psychopath. Your boring persona will camouflage you and the psychopath won’t even notice you were there. The stranger in the sushi bar showed great insight when he advised me to “be boring.” He struck at the heart of the psychopath’s motivation: to avoid boredom.

In nature, there are many plants and creatures that show us how to survive in a world of predators. Among others, birds feign injury to protect their babies and mice play dead until the cat loses interest. Both of these tactics can be useful and they can be channeled when applicable. Yet, it’s difficult to calculate each and every move that a psychopath will make and to determine the best course of action each time. Instead of trying to out-think him, channel the gray rock. This simple, humble object in nature has all the wisdom it needs to avoid being noticed, it’s boring.



Defense Against the Psychopath: Part One
How to recognize psychopaths by their Key Character traits.

Lack of Empathy - Lack of Remorse - Superficiality - Grandiosity - Irresponsibility - Impulsive Behavior - Compulsive Lying - Manipulative - Anti Social Behavior



Defense Against the Psychopath is a three part documentary excerpted from chapter one of my book; The Art of Urban Survival. This chapter teaches people how to recognize and defend against our society's most dangerous predators, psychopaths.



Defense Against the Psychopath: Part Two
The different psychopathic archetypes that inhabit different levels of society.

Narcissists (somatic and cerebral)
The Victim
Con-Artists (short con and big store con)
Malevolent Psychopath
Professional Psychopath
Secondary Psychopaths [through trauma or groups(corporations)]



Defense Against the Psychopath Part Three
How to recognize the psychopath's typical Modus Operandi and how to deal with the psychopaths you will inevitably encounter in life.

Modus Operandi:
The Interview
Seduction
Divide and Conquer
Fear and Tyranny

Defense Against:
Acknowledge the existence of evil
Recognize and Identify the Psychopaths

What not to do:
Accept that you can not change or save them

What to do:
Attack - Can be very dangerous!
Evade - No Contact (May have to change locks - change phone numbers - block e-mail account - close bank accounts - get a restraining order - move - take self-defense and fire arms training)




The Sociopath's Game- Covetous
TI = Targeted Individual