THE GLOBE AND MAIL
TUESDAY, OCTOBER 1, 2000
Reluctant father, now 85, wins damages
Judge orders housekeeper to pay $6,700 in profoundly unusual' case
BY KIRK MAKIN JUSTICE REPORTER, TORONTO
An 85-year-old Toronto war veteran has won $6.700 in damages from a Fllipina housekeeper who allegedly sexually assaulted him while he was bedridden in a successful attempt to impregnate herself. The award is to compensate Maurice Conway for his suffering in what Superior Court Judge Douglas Coo described as a profoundly unusual case.
Mr Conway said yesterday that while he is gratified by the ruling, the amount falls far short of what he is entitled to. " Fancy being sexually assaulted and having a child you don't want" Its unbelievable," Mr, Conway said in an interview. "I mean, I was sexually assaulted while I was recovering from a stroke. My body was interfered with, and now I've got a daughter I didn't want. To me, that should be worth $10-million."
Mr Conway said the perpetrator, Violeta Nueda, contacted him out of the blue in 1986 and vigorously pursued his friendship. 'She was a housekeeper who had nowhere to go on her days off,' he said. 'I took pity on her'. He said Ms. Nueda‹30 years old at the time‹was frank about wanting to become pregnant so she could stay in Canada.
At the time of the assault, Mr. Conway had retired to bed with a fierce headache. He said yesterday that he couldn't really grasp what was taking place when Ms. Nueda started sexually stimulating him as a prelude to mounting his body.
"I was in a deep sleep," Mr. Conway said. "My eyes were never open throughout what happened, and not a word was said. I really thought it was ail a dream." The baby born as a result of the attack ‹Mr. Conway's only child ‹is now 13 years old. She lives in Toronto with her mother.
However, there was worse to come for Mr. Conway, a twice divorced former salesman who grew up in England. In 1995, his sporadic visits with his child were barred by a court order in "the best interests of the child." Ms. Nueda told the Family Court judge that she has been shunned by the Filipino community and that her daughter is confused and embarrassed by the story of her conception. In other testimony, a social worker who interviewed the girl said she claimed to feel uncomfortable and unsafe around her father. " I couldn't hear anything in the courtroom at Family Courts Mr. Conway said. "I was just told I could never see my baby again.'
To add insult to his injuries, since 1993 a total of $300 has been garnished from his Old Age Pension and Canada Pension Plan each month to pay child support. Mr. Conway said that while he has no overriding attachment to the child and ends the idea of being a father quite alien, the status quo is highly unfair to both of them.
Look, it's my daughter," he said "My sperm. My body. it's me. I'm a human being, and I feel obligated to her. I can do more for that poor, little child than this immigrant woman who is a housekeeper. Mr. Conway represented himself at the one-day trial last month before Judge Coo. His legal agent, Harry Kopyto, was not permitted to litigate it. He was disbarred years ago in connection with cheating Ontario's legal aid plan.
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Original message regarding above:-
From the personal desk of:
Mr. Maurice Conway
6040 Bathurst St. Suite 808
Toronto, Ont. Canada M2R 2A1
"1939-1945 I fought for democracy"
"To-day I fight for JUSTICE"
To all those of the legal profession
I am an 84-year-old veteran of the Second World War who served in the war as a member of the British Royal Marines. In recognition of my service during the bombing of London, I received a citation from the Lord Mayor of London. Ten years after the war, in 1955, I moved from Britain to Canada, where I currently reside.
During the war effort, my comrades and I sacrificed our way of life as we knew it then in order to defend Great Britain and its allies from an evil that was sweeping over Europe. We fought to ensure freedom and democracy with the hope and expectation that the generations that followed us would have a better and more prosperous life. Many of my comrades gave their lives for this cause. I am today one of the few who still remain alive. Although I may be old in body, I am young in mind and spirit, and I still believe in those same principles that my comrades and I fought for during the war.
Unfortunately, today I see another very terrible evil sweeping over our land. It is an evil that comes not from outside of our country but from within it. It comes not from people of other nations but from our own people right here at home. It is an evil that my comrades, if they were alive today, would fight against with me just as valiantly as they fought against those who tried to enslave the free nations of the world and to take away our freedom and democracy.
The evil of which I speak about now is our family justice system. It seems to have no mercy on children or their parents, especially good loving fathers who seem to be taking the brunt of the abuse by the justice system. Many of the fathers being destroyed today by Canada's Family Justice System are the sons and grandsons of the many brave men who fought and died for Great Britain and its allies during the war. Many of the fathers who died during the war did so, not only for the cause of Democracy and Freedom but also a desire to give their descendants a better and more secure way of life.
Yet, if my comrades were alive today, they would be utterly shattered by what they would see is being done by those in the Justice System to their children and grandchildren today. None of us who were part of the war effort would have imagined the sons and grandsons of those who fought in the war to be victims of a system of justice they defended.
It would appear that too many within the legal system have chosen to misuse their privileged position as custodians of the law for the purpose of injustice rather than justice, and too many others have chosen to sit idly by. It seems that in just two generations the principles that many gave their lives for have been forgotten to the new principles of money and greed. It seems that too many lawyers who practice family law are abusing their privileged position in society to the detriment of their fellow human beings. I find this is a disgrace to all people who believe in freedom, democracy and justice. When I make this statement, I am sure I am speaking for many of my comrades who are not with me today.
To you lawyers who knowingly destroy children and families with the use of false allegations and skullduggery, I can only say that you are a disgrace to those forefathers who fought and sacrificed their lives to bring you the freedom and the way of life that you and your families enjoy today. In many ways, what you are doing today to children and their families in court is no less horrific than some of the crimes committed by our enemies during the war. You are no less an enemy to your own people than if you were from another nation and dropped bombs on them. The only difference today is that the destruction caused by those of your kind is done in pursuit of money and power.
To you lawyers who know the truth about which I speak but who choose to stand by and do nothing, I can only say that you are almost as guilty as those who commit these atrocities. Remaining silent and allowing the abuse by unethical lawyers against children and families to continue in our family courts is no less than condoning this abuse yourself. In my time, it would be considered treason, as this would be considered aiding and abetting the enemy.
To you good and honourable lawyers who do speak up against the horrific destruction being caused by the family court system, I applaud your efforts. I urge you to continue to speak up and to expose the injustices occurring every day in our courts. I urge all of you good lawyers to stand up and become more active in helping end the madness in our family courts today. My comrades, if they were alive today, would support you fully in this endeavour.
As my part in helping to correct what I see as injustices in our family courts and to help the children, I have sent my own personal letter to my most Noble Leader, Her Royal Majesty the Queen Elizabeth of England. I have told her that I am deeply concerned about the good names of the Royal Family being associated with Law Societies where some of the members, with the knowledge of many others, commit their acts of injustice against the children and families in their own communities. I do not believe that Her Royal Majesty is aware of how her good name is being used and how those unethical lawyers, to whom her name is associated with, are hurting children.
>From a soldier who knows from real life experience what it means to suffer and fight for a just cause, I ask all of you to take a good look at what the family justice system and your fellow lawyers are doing to children and families. Many of you already know. As lawyers, you must all share the blame for what is going on in your profession. I ask that all of you make the choice to do something to stop this needless destruction before it is too late for all.
The family is the foundation of any nation and once this foundation is destroyed all will perish, including you and your children as well. If those who are responsible for the destruction of families through the legal system continue to spread their destruction while hiding behind the law, there will be nothing left of the way of life that your forefathers hoped to leave as their legacy.
Unfortunately, those entrusted by the people for the administration of Justice in Canada have allowed the family justice system to deteriorate to a point where it is a disgrace to all those who believe in Justice and Freedom. It is time for this madness to end. I wonder too, just how many of you have thought of the possibility that some day, one of your own children will be a victim of the system? Or do you think this that only the families of non-lawyers are victims of the court system?
I would very much appreciate receiving a letter from all lawyers who support the cause I am fighting for. I am truly curious as to just how many good lawyers there are out there who would bother to take the time away from making money to write a brief note to show their support for an old soldier in his cause to defend our most precious resource - our children. How many of you are there who really care about the future of children and your nation and to really do something about it?
Your personal letter of support to an old soldier from the last generation, who has but little time remaining on this earth, would be most encouraging.
Maurice Conway (d.o.b. Dec. 26, 1914)
Message to ER, Her Majesty the Queen:-
July 22, 1999
Her Majesty the Queen
London, England SW1A 1AA
Before I begin my letter of concern, let me say, "Long live the Queen", "Long live the Queen Mother," and "Long live the Royal Family."
I am an 84-year-old veteran of the Second World War who served in the war effort as a member of the British Royal Marines on duty in Great Britain. In recognition of my service during the bombing of London I received a citation from the Lord Mayor of London. After the war in 1955, I moved to Canada where I currently reside.
As a defender of democracy and freedom for Great Britain and a loyal supporter of the Monarchy, I am asking for your Majesty's help in my last, yet most difficult battle of my life. I am turning to you for help, your Majesty, for although I am an old solder who is strong in spirit and mind, I must admit that I am too old in body to fight alone in battle any longer. My comrades who served with me to defend England and to fight for democracy and freedom are no longer here on this earth to help me during my time of need. Like a wounded solder, I am turning to my most Noble Leader for help and reassurance in my final battle.
The help that I so humbly ask for is not for myself but for the many children and their families who lives are being torn asunder by a Family Justice System in Canada that has no mercy on children or their parents, especially good loving fathers. Many of the fathers being destroyed today by Canada's Family Justice System are the sons and grandsons of the many brave men who fought and died for Great Britain and its allies during the war. Many of the fathers who died did so for the cause of Democracy, Freedom and a desire to give their descendants a better way of life. Yet, if my comrades were alive today, they would be utterly shattered by what they would see is being done by the Justice System to their children and grandchildren today. None of us who were part of the war effort would have imagined the sons and grandsons of those who fought in the war to be victims of injustices of a system of government they defended.
During the war, I defended the cause of freedom and democracy, but in this, my last battle, I fight for the cause of justice for children and families. It is a fight that many of the fallen comrades of Great Britain would gladly fight alongside of me if they were alive today.
I have enclosed with this letter a package of materials being produced by many ordinary, hard working Canadians. These materials expose only some of the injustices being perpetrated against children and families by lawyers and a powerful legal system supposedly in the name of Justice. Unfortunately, those entrusted by the people for the administration of Justice in Canada have allowed the family justice system to deteriorate to a point where it is a disgrace to all those who believe in Justice and Freedom. Many of those who administer the laws and many of those who misuse the laws are literally ripping families apart under the shady veil of the law.
I have learned that some members of the Royal Family are Honorary Members of the Law Society of Upper Canada. I find it unfortunate that the reputation and good names of members of the Royal family are being used to bring credibility to a lawyer's organization whose reputation has come into such disrepute and whose members are adversely affecting the lives of many children and families. I believe that these injustices would be of great concern to members of the Royal Family whose names are being associated with these lawyers. I believe that members of the Royal family are unaware of the actions of some of those who they are associated with at the Law Society. It may be very likely that my letter will be one of the first to bring this situation into the open. I am sure that other people, like myself, will be scrutinizing the conduct of Law Society members and looking as well at what those who lend their names to these organizations do to maintain the respectability of the organizations to which they are a part.
I understand that it may not be desirable for the Royal Family to interfere with the internal affairs of Canada but the interests of children should have no boundaries. The children of Canada need your help, your Majesty. You, and only you, can do something for the children of Canada that no other person can do.
The injustices being waged against children and their families by the bureaucrats and members of the Law Society cannot be fought with the weapons of war but only with the weapons of words from those with wisdom and respect. The influence of Your Majesty and members of the Royal Family can correct injustice in a way that no government can do. If there were ever a time for your Majesty and the Royal Family to direct its wisdom and influence in a meaningful way towards a good and honourable cause, then this would be a time to do so. I humbly request that the Royal Family to speak out and to set right the course of justice for children. Many lawyers and others within the legal system are literally destroying children and families while they claim support from the Royal Family for their organizations. I am sure Your Majesty, The Royal Family never intended the principles of laws to be used in this manner.
I humbly request Your Majesty, that should you be so kind as to write a letter as a token of your concern, voicing the peoples concern to the Prime Minister of Canada, the Rt. Honourable Mr. Chretien, which I hope he will circulate in the right areas, that much will be achieved in correcting the injustices. This would be greatly appreciated by many, many families, and myself affected by the judicial situation.
Your Majesty, should you accede to my request, you will make many, many Canadian families happy to know that their most Noble Queen greatly cares for her subjects.
Your loyal subject
Maurice Conway (d.o.b. Dec. 26, 1914)