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Ontario judges order return of funding to Community Living St. Catherines.


ST. CATHARINES -- An Ontario Divisional Court ordered the Community, Family and Children's Services to restore funding and return seized seized (seised) n. 1) having ownership, commonly used in wills as "I give all the property of which I die seized as follows:...." 2) having taken possession of evidence for use in a criminal prosecution. 3) having taken property or a person by force. (See: seisin, seizure)  property to Community Living St. Catharines immediately.

The funds and the property had been taken from the agency in February and transferred to Niagara Support Services support services Psychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services . The Ministry's action appears to be prompted by two deaths that occurred in the past three years involving people supported by Community Living St. Catharines. In April, 2000, a 25-year-old man drowned after suffering a seizure Forcible possession; a grasping, snatching, or putting in possession.

In Criminal Law, a seizure is the forcible taking of property by a government law enforcement official from a person who is suspected of violating, or is known to have violated, the law.
 while in a bathtub at a group home run by Community Living St. Catharines. In November, 2002, a 38-year-old man died after being scalded in a bath while in the care of a local association employee. In that case, the worker was immediately fired and subsequently has been charged with criminal negligence The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner.  causing death. The Ministry denies that the removal of the funds and property was in any way related to the charges.

The Court declared that the Ministry's withdrawal of long-term funding from the St. Catharines association was "an error in law, a decision made without jurisdiction," and ruled that the Ministry action "is quashed as illegal." The Court also said the way the Ministry handled the announcement of their action "is not what Canadian society expects in regard to fair governmental action."

"The ruling is crystal clear," said Keith Powell Keith Powell is an American television actor who is best known for his role as Toofer on the NBC sitcom 30 Rock.

In the spring of 2007, while working as a recurring character on 30 Rock, he shot an ABC pilot called Judy's Got A Gun.
, executive director of Community Living Ontario. "It states in no uncertain terns that the Ministry acted unfairly and without legal justification."

The ruling was a unanimous decision A Unanimous Decision is a winning criterion in several full-contact combat sports, such as boxing, kickboxing, Muay Thai, mixed martial arts and others sports involving striking in which all 3 judges agree on which fighter won the match.  of a three judge panel that included Justices: Michael R. Meehan; George D. Lane, Maria T. Linhares de Sousa. Justice Meehan wrote the opinion. 416-447-4348
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Publication:Community Action
Date:Sep 22, 2003
Words:275
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