Good evening everyone: I have just heard on the CTV National News, and have now confirmed from other sources, that the recent legislation in Ontario which allowed disclosure of information to both birth parents and birth children (which only came into effect this past Monday September 17th) has today Wednesday September 19, 2007 - been struck down by an Ontario Superior Court Judge down as being in violation of privacy legislation under The Canadian Charter of Rights and Freedoms. Prominent Canadian Civil Rights Lawyer Clayton Ruby argued that privacy is an individual right and no government can decide what information can be released. While this is disappointing at first read, we should be aware and take heart that the way the decision is written could be a god-send to us all in the long run - for if the government is no longer able to "decide what can be released" one can also infer that the entire file must be made available. However, this is speculation on my part and may require new Regulations or even new Legislation to be passed. As this is Ontario legislation and the decision was from an Ontario Superior Court Judge, I am not sure if "Leave to Appeal" can be made to the Ontario Supreme Court, The Federal Court of Appeal or even The Supreme Court. Can any Ontario lawyers who read this and have an interest in the topic shed any light onto the next possible steps for gaining access to these vitally important records for so many people? It must be remembered that Canadian Privacy Laws are (in theory) counter-balanced by the Access to Information laws. As Society moves towards the use of DNA as "proof of being" for so many things, think of all the adopted citizens of this country who should also have a the same "rights" as those not involved in adoption - that being the "right to know". Respectfully submitted for your information. J. Brian Gilchrist, Box 74503, 270 The Kingsway Etobicoke, ON M9A 5E2 gilchrists@idirect.com 1966 - 2007: 41 years of research and educating genealogists

Yes I heard that also. My mother, who is 81 yrs, was looking forward to finally being able to know who her birth parents were. Now I guess she will never know. laurie At 12:17 AM 9/20/2007, you wrote: >Good evening everyone: I have just heard on the CTV National News, >and have now confirmed from other sources, that the recent >legislation in Ontario which allowed disclosure of information to >both birth parents and birth children (which only came into effect >this past Monday September 17th) has today Wednesday September 19, >2007 - been struck down by an Ontario Superior Court Judge down as >being in violation of privacy legislation under The Canadian Charter >of Rights and Freedoms. > >Prominent Canadian Civil Rights Lawyer Clayton Ruby argued that >privacy is an individual right and no government can decide what >information can be released. > >While this is disappointing at first read, we should be aware and >take heart that the way the decision is written could be a god-send >to us all in the long run - for if the government is no longer able >to "decide what can be released" one can also infer that the entire >file must be made available. However, this is speculation on my part >and may require new Regulations or even new Legislation to be passed. > >As this is Ontario legislation and the decision was from an Ontario >Superior Court Judge, I am not sure if "Leave to Appeal" can be made >to the Ontario Supreme Court, The Federal Court of Appeal or even >The Supreme Court. > >Can any Ontario lawyers who read this and have an interest in the >topic shed any light onto the next possible steps for gaining access >to these vitally important records for so many people? > >It must be remembered that Canadian Privacy Laws are (in theory) >counter-balanced by the Access to Information laws. > >As Society moves towards the use of DNA as "proof of being" for so >many things, think of all the adopted citizens of this country who >should also have a the same "rights" as those not involved in >adoption - that being the "right to know". > >Respectfully submitted for your information. > >J. Brian Gilchrist, >Box 74503, 270 The Kingsway >Etobicoke, ON M9A 5E2 >gilchrists@idirect.com >1966 - 2007: 41 years of research and educating genealogists > > >*********** >Search Ontario Genealogy & Resources at http://olivetreegenealogy.com/can/ont/ >------------------------------- >To unsubscribe from the list, please send an email to >ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the >quotes in the subject and the body of the message > > >-- >No virus found in this incoming message. >Checked by AVG Free Edition. >Version: 7.5.487 / Virus Database: 269.13.22/1013 - Release Date: >9/17/2007 1:29 PM

Brian, This is one who is glade that the Ontario Court stopped this opening of Adoption papers to anyone who wanted it. I am adopted and i don't just anyone openning my papers only me. I am the o9nly one with my biological close family have the right to see what is in those papaers. Also the fact that at any age you could get the information. The young say under 25 yrs of age are to young to understand the why's of giving a child up, they have not lived enough to understand that sometimes it is love that gives you the strengh to give your beautiful baby up. When they are older they have lived and know that life is hard and a baby is not a doll as some young mothers think. Sorry to come across so hard but I'm so glade and I was really afraid of what could have happenned as it did to a very close friend of mine, She accidently found her papers in her fathers desk, and that just destroid her life she never came back after that. Yours very truly, Fran Seguin Adoptee, Ottawa ----- Original Message ----- From: "Brian Gilchrist" <gilchrists@idirect.com> To: <ontario@rootsweb.com>; <ocapg@yahoogroups.com>; "Burkholder, Ruth" <ruth.burk@sympatico.ca>; "Fawne Stratford-Devai" <fdevai@rogers.com>; "Rick Roberts" <rick@globalgenealogy.com>; "Audrey Gilchrist" <alongtime@sympatico.ca>; <orrkid@canada.com>; <subscriber.support@eogn.com> Sent: Wednesday, September 19, 2007 9:17 PM Subject: [ONTARIO] Adoption records in Ontario are sealed - again! > Good evening everyone: I have just heard on the CTV National News, and > have now confirmed from other sources, that the recent legislation in > Ontario which allowed disclosure of information to both birth parents and > birth children (which only came into effect this past Monday September > 17th) has today Wednesday September 19, 2007 - been struck down by an > Ontario Superior Court Judge down as being in violation of privacy > legislation under The Canadian Charter of Rights and Freedoms. > > Prominent Canadian Civil Rights Lawyer Clayton Ruby argued that privacy is > an individual right and no government can decide what information can be > released. > > While this is disappointing at first read, we should be aware and take > heart that the way the decision is written could be a god-send to us all > in the long run - for if the government is no longer able to "decide what > can be released" one can also infer that the entire file must be made > available. However, this is speculation on my part and may require new > Regulations or even new Legislation to be passed. > > As this is Ontario legislation and the decision was from an Ontario > Superior Court Judge, I am not sure if "Leave to Appeal" can be made to > the Ontario Supreme Court, The Federal Court of Appeal or even The Supreme > Court. > > Can any Ontario lawyers who read this and have an interest in the topic > shed any light onto the next possible steps for gaining access to these > vitally important records for so many people? > > It must be remembered that Canadian Privacy Laws are (in theory) > counter-balanced by the Access to Information laws. > > As Society moves towards the use of DNA as "proof of being" for so many > things, think of all the adopted citizens of this country who should also > have a the same "rights" as those not involved in adoption - that being > the "right to know". > > Respectfully submitted for your information. > > J. Brian Gilchrist, > Box 74503, 270 The Kingsway > Etobicoke, ON M9A 5E2 > gilchrists@idirect.com > 1966 - 2007: 41 years of research and educating genealogists > > > *********** > Search Ontario Genealogy & Resources at > http://olivetreegenealogy.com/can/ont/ > ------------------------------- > To unsubscribe from the list, please send an email to > ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message

I am finding the diverse sides of this argument most interesting. I hope Lorine finds it so too and continues to let this string continue. Pat ----- Original Message ----- From: "Fran Seguin" <franseguin@sympatico.ca> To: <ontario@rootsweb.com> Sent: Friday, September 21, 2007 10:41 AM Subject: Re: [ONTARIO] Adoption records in Ontario are sealed - again! > Brian, This is one who is glade that the Ontario Court stopped this > opening > of Adoption papers to anyone who wanted it. I am adopted and i don't just > anyone openning my papers only me. I am the o9nly one with my biological > close family have the right to see what is in those papaers. Also the fact > that at any age you could get the information. The young say under 25 yrs > of > age are to young to understand the why's of giving a child up, they have > not > lived enough to understand that sometimes it is love that gives you the > strengh to give your beautiful baby up. When they are older they have > lived > and know that life is hard and a baby is not a doll as some young mothers > think. Sorry to come across so hard but I'm so glade and I was really > afraid > of what could have happenned as it did to a very close friend of mine, She > accidently found her papers in her fathers desk, and that just destroid > her > life she never came back after that. > Yours very truly, > Fran Seguin Adoptee, Ottawa > ----- Original Message ----- > From: "Brian Gilchrist" <gilchrists@idirect.com> > To: <ontario@rootsweb.com>; <ocapg@yahoogroups.com>; "Burkholder, Ruth" > <ruth.burk@sympatico.ca>; "Fawne Stratford-Devai" <fdevai@rogers.com>; > "Rick > Roberts" <rick@globalgenealogy.com>; "Audrey Gilchrist" > <alongtime@sympatico.ca>; <orrkid@canada.com>; > <subscriber.support@eogn.com> > Sent: Wednesday, September 19, 2007 9:17 PM > Subject: [ONTARIO] Adoption records in Ontario are sealed - again! > > >> Good evening everyone: I have just heard on the CTV National News, and >> have now confirmed from other sources, that the recent legislation in >> Ontario which allowed disclosure of information to both birth parents and >> birth children (which only came into effect this past Monday September >> 17th) has today Wednesday September 19, 2007 - been struck down by an >> Ontario Superior Court Judge down as being in violation of privacy >> legislation under The Canadian Charter of Rights and Freedoms. >> >> Prominent Canadian Civil Rights Lawyer Clayton Ruby argued that privacy >> is >> an individual right and no government can decide what information can be >> released. >> >> While this is disappointing at first read, we should be aware and take >> heart that the way the decision is written could be a god-send to us all >> in the long run - for if the government is no longer able to "decide what >> can be released" one can also infer that the entire file must be made >> available. However, this is speculation on my part and may require new >> Regulations or even new Legislation to be passed. >> >> As this is Ontario legislation and the decision was from an Ontario >> Superior Court Judge, I am not sure if "Leave to Appeal" can be made to >> the Ontario Supreme Court, The Federal Court of Appeal or even The >> Supreme >> Court. >> >> Can any Ontario lawyers who read this and have an interest in the topic >> shed any light onto the next possible steps for gaining access to these >> vitally important records for so many people? >> >> It must be remembered that Canadian Privacy Laws are (in theory) >> counter-balanced by the Access to Information laws. >> >> As Society moves towards the use of DNA as "proof of being" for so many >> things, think of all the adopted citizens of this country who should also >> have a the same "rights" as those not involved in adoption - that being >> the "right to know". >> >> Respectfully submitted for your information. >> >> J. Brian Gilchrist, >> Box 74503, 270 The Kingsway >> Etobicoke, ON M9A 5E2 >> gilchrists@idirect.com >> 1966 - 2007: 41 years of research and educating genealogists >> >> >> *********** >> Search Ontario Genealogy & Resources at >> http://olivetreegenealogy.com/can/ont/ >> ------------------------------- >> To unsubscribe from the list, please send an email to >> ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the >> quotes in the subject and the body of the message > > > *********** > Search Ontario Genealogy & Resources at > http://olivetreegenealogy.com/can/ont/ > ------------------------------- > To unsubscribe from the list, please send an email to > ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message >

Hi Pat and everyone else. I find thing very interesting. My neice and her husband want to adopt as they are not able to have children. I am wondering what their view would be about the birth parents. Heather in Orillia -----Original Message----- From: ontario-bounces@rootsweb.com [mailto:ontario-bounces@rootsweb.com] On Behalf Of Pat Roloff Sent: September 21, 2007 9:41 PM To: ontario@rootsweb.com Subject: Re: [ONTARIO] Adoption records in Ontario are sealed - again! I am finding the diverse sides of this argument most interesting. I hope Lorine finds it so too and continues to let this string continue. Pat

Good Day Sorry I do not agree I have been looking for a brother that was given up for adoption in 1948 by the Children's Aid in Toronto We were a family of 4 children and have kept in touch with two of them one brother and one sister The Children's Aid told me that I had no brothers and sisters and I proceeded to tell them the telephones numbers and addresses and they still denied that I had another brother until I received my Father's Army and Airforce papers after he died proving that I wasn't crazy Last week after all this time I finally struck paydirt Some relations that I never knew that I had Now I have another family to tell my grandchildren about and my brother and sister also The sad part is that I am still missing my baby Brother who was adopted when he turned 18 living in Toronto It leaves a very big void in my heart wondering about him each day Thank you William Stratton CD ----- Original Message ----- From: "Fran Seguin" <franseguin@sympatico.ca> To: <ontario@rootsweb.com> Sent: Friday, September 21, 2007 1:41 PM Subject: Re: [ONTARIO] Adoption records in Ontario are sealed - again! > Brian, This is one who is glade that the Ontario Court stopped this > opening > of Adoption papers to anyone who wanted it. I am adopted and i don't just > anyone openning my papers only me. I am the o9nly one with my biological > close family have the right to see what is in those papaers. Also the fact > that at any age you could get the information. The young say under 25 yrs > of > age are to young to understand the why's of giving a child up, they have > not > lived enough to understand that sometimes it is love that gives you the > strengh to give your beautiful baby up. When they are older they have > lived > and know that life is hard and a baby is not a doll as some young mothers > think. Sorry to come across so hard but I'm so glade and I was really > afraid > of what could have happenned as it did to a very close friend of mine, She > accidently found her papers in her fathers desk, and that just destroid > her > life she never came back after that. > Yours very truly, > Fran Seguin Adoptee, Ottawa > ----- Original Message ----- > From: "Brian Gilchrist" <gilchrists@idirect.com> > To: <ontario@rootsweb.com>; <ocapg@yahoogroups.com>; "Burkholder, Ruth" > <ruth.burk@sympatico.ca>; "Fawne Stratford-Devai" <fdevai@rogers.com>; > "Rick > Roberts" <rick@globalgenealogy.com>; "Audrey Gilchrist" > <alongtime@sympatico.ca>; <orrkid@canada.com>; > <subscriber.support@eogn.com> > Sent: Wednesday, September 19, 2007 9:17 PM > Subject: [ONTARIO] Adoption records in Ontario are sealed - again! > > >> Good evening everyone: I have just heard on the CTV National News, and >> have now confirmed from other sources, that the recent legislation in >> Ontario which allowed disclosure of information to both birth parents and >> birth children (which only came into effect this past Monday September >> 17th) has today Wednesday September 19, 2007 - been struck down by an >> Ontario Superior Court Judge down as being in violation of privacy >> legislation under The Canadian Charter of Rights and Freedoms. >> >> Prominent Canadian Civil Rights Lawyer Clayton Ruby argued that privacy >> is >> an individual right and no government can decide what information can be >> released. >> >> While this is disappointing at first read, we should be aware and take >> heart that the way the decision is written could be a god-send to us all >> in the long run - for if the government is no longer able to "decide what >> can be released" one can also infer that the entire file must be made >> available. However, this is speculation on my part and may require new >> Regulations or even new Legislation to be passed. >> >> As this is Ontario legislation and the decision was from an Ontario >> Superior Court Judge, I am not sure if "Leave to Appeal" can be made to >> the Ontario Supreme Court, The Federal Court of Appeal or even The >> Supreme >> Court. >> >> Can any Ontario lawyers who read this and have an interest in the topic >> shed any light onto the next possible steps for gaining access to these >> vitally important records for so many people? >> >> It must be remembered that Canadian Privacy Laws are (in theory) >> counter-balanced by the Access to Information laws. >> >> As Society moves towards the use of DNA as "proof of being" for so many >> things, think of all the adopted citizens of this country who should also >> have a the same "rights" as those not involved in adoption - that being >> the "right to know". >> >> Respectfully submitted for your information. >> >> J. Brian Gilchrist, >> Box 74503, 270 The Kingsway >> Etobicoke, ON M9A 5E2 >> gilchrists@idirect.com >> 1966 - 2007: 41 years of research and educating genealogists >> >> >> *********** >> Search Ontario Genealogy & Resources at >> http://olivetreegenealogy.com/can/ont/ >> ------------------------------- >> To unsubscribe from the list, please send an email to >> ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the >> quotes in the subject and the body of the message > > > *********** > Search Ontario Genealogy & Resources at > http://olivetreegenealogy.com/can/ont/ > ------------------------------- > To unsubscribe from the list, please send an email to > ONTARIO-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message