BAIL REVIEW APPLICATION: January 26, 2020

  1. Allegations made by the Office of the Crown Attorney to deny bail for Deirdre Moore were provably false as discussed at paragraphs 2-29: Moore is not at risk of “re-offending” and does not pose any danger to the community:
  2. For the past six months, there is no denying that Moore has been under close supervision: three months in jail and three months in a bail house.
  3. Throughout the past six months, there is no denying that Moore has exhibited not a single symptom of mental illness: no mania, no depression, no psychosis and no medications—nothing but incredible patience with a very, very broken system.

Brief history of facts prior to detention

  1. On October 1, 2015, the accused, Deirdre Moore (“Moore”) alerted the complainant, Jonathan Kiska (“Kiska”), that she would be seeking a divorce for cruelty. (see Exhibit A)
  2. Finally, after over four years of legal bullying, perjury, defamation and fraud by Kiska, the divorce for family file FC-15-2446 was scheduled for September 2019 by The Honourable Justice Tracy Engelking (“Engelking”) on January 17, 2019. (see Exhibit B (scan and link to endorsement)
  3. Two weeks later, on February 1, 2019, upon request by Kiska, the Children’s Aid Society of Ottawa (“CAS”) performed an unlawful child apprehension—without a warrant and in absence of any imminent danger—by removing Moore’s children from her home and delivering them to Kiska. (see Exhibit C (insert article with links to audio evidence; note my dates were off by one week because 2019 Agenda stolen at Laval Prison along with other evidence from Suroit Hospital:
  1. During February 2019, the CAS committed crimes including, but not limited to, perjury and criminal defamation to convince judicial officials to include a restraining order against Moore in court orders designed to alienate Moore from her two children.
  2. The CAS decisions contravened each of the recommendations that were made by the Office of the Children’s Lawyer following its four-month investigation of six months prior. (see exhibit D)
  3. Following five months of emotional abuse by Kiska and the CAS, Moore chose to intentionally violate the illegally-obtained, CAS-constructed, child-abusing (“ICC”) 20190408 court order so that her children could know the truth. (see exhibit E – arrest report from 20190627)
  4. She informed both Ottawa Police Services (“OPS”) and the CAS of her intentions in advance. (see exhibit F : emails)
  5. One month later, on July 26, 2019, carrying a significant amount of evidence against Kiska and the CAS, Moore again violated the ICC 20190408 court order in hopes of being able to speak with an OPS detective.
  6. She wrote an article about her intentions, widely distributed it and posted it on her LinkedIn profile (see exhibit G)
  7. Instead of having her complaints taken seriously by OPS Detective Alex Kirady (“Kirady”), Moore’s testimony (see exhibit H) was ignored. (Note that this is only a transcript of the interview because audio was deleted from recording: see 20190830 OIPRD complaint here).)

Misconduct by OPS

  1. Kirady accused Moore of being mentally ill (see exhibit I) and proceeded to lay three charges (see exhibit J)
    • Disobey court order
    • Unlawfully in dwelling
    • Mischief

Note that there was no mention of any criminal harassment during the interview at paragraph 13 and Moore was not charged with criminal harassment following the interview.

  1. By the following morning, OPS had back-dated a warrant for the arrest of Moore for criminal harassment to July 26* (see exhibit K) (*insert analysis of multiple OPS Officer statement contradictions)

Misconduct by Prosecutor Michael Pearce that lead to initial denial of bail

  1. Prosecutor Michael Pearce ignored Moore’s testimony and the evidence on her person and began a course of severe character assassination to ensure Moore—a 53 year-old professional, mother of two with no criminal record or history of violence/weapons/drugs/anything else—was denied bail. (see exhibit L: 20190727 transcript)
  2. In addition, a non-communication order was granted (see exhibit M-non comm order) and Moore was not even permitted to send to her 12-year old daughter a birthday card or send Christmas gifts to her children because of the severity of the false accusations.

Six months of detention, and counting

  1. For the following 90 days, while detained at the Ottawa-Carleton Detention Centre (“OCDC”), Moore provided the Crown Attorney’s Office with a significant amount of evidence that supported her allegations against the both the complainant and the CAS. (see exhibit N – fax, mail)
  2. The Crown remained motivated to persecute Moore, however, and chose to add an additional charge of criminal harassment as well as the charge of Break and Entry despite the abundance of evidence that Moore had no criminal intent whatsoever and was the victim of a wicked narcissist—six months following her arrest, Moore now faces seven charges (see exhibit O: Moore now faces SEVEN criminal charges).
  3. Despite having evidence described at paragraphs 8 and 10, the Crown also continued to argue that it would seek a finding of NCR following its finding of guilt on all charges.
  4. Throughout September and October, as the CAS was aggressively seeking sole custody and access for Kiska while Moore remained jailed due to his false accusations, Moore requested a Bail Review which, given the duration of time served, ultimately resulted in a 90-Detention Review instead.
  5. On October 28, Moore handed Assistant Crown Prosecutor Moiz Karimjee (“Karimjee”) documents which spoke to both her diagnosis (see exhibit P) and the specifics of the high conflict divorce (seeexhibit Q: 20181231 Submission to Justice Engelking).
  6. Despite knowledge of Moore’s victimization and mental fortitude, however, Karimjee aggressively argued against Moore’s release and even claimed that he would resort to use of “tertiary grounds” for detention if required (see exhibit R: 20191030 transcript).
  7. Karimjee’s red herrings, perjury, defamation and malicious obfuscation did not fool Justice Hackland, however, and his Honour approved bail for Moore; however, with conditions that she live at the bail house of the Elizabeth Fry Society (“Lotus House”). (see exhibit S: 20191030 Bail Conditions)

New developments since Moore’s release from OCDC on October 30, 2019

  1. Having lived at Lotus House for nearly three months, Moore is now aware of several issues that have become challenging to manage including, but by no means limited to, its remote location renders Moore’s transportation costs unsustainable as she:
    • meets her bail supervisor (insert attendance records)
    • exercises regularly at Movati trainyards (insert attendance records)
    • trains with Movati personal trainer Cody Brown (insert attendance records)
    • volunteers (insert emails)
    • networks and develops materials for her start-up, not-for-profit initiative: People First, Incorporated (name pending)

Evidence of above activity included as exhibit T.

The Lotus House is a spectacular concept but it needs more resources and I look forward to being able to donate money to the Elizabeth Fry Society so they can be in a stronger position to prevent those who are trying to change their lives from being sucked back into the machinery that victimized and criminalized them in the first place. (The SAQOTU Inc. mission statement is here)

  1. Moore has begun to search for an apartment situated closer to public transportation so that she can reduce her transportation costs to a more affordable level.
  2. Moore has contacted her previous employer/client, (insert name upon agreement), in an attempt to secure office space to store her evidence, prepare for multiple trials and build the not-for-profit division of her company SAQOTU Inc. (see exhibit U)
  3. Moore’s family law lawyer, Mr. Gonen Snir, will be bringing a motion to correct Kiska’s fraudulently-acquired 2018 spousal support of merely $1,230/month. (see exhibit V 2018 transcript and W support order)
  4. Clearly, there was no criminal harassment as no one is fearful of Moore:
      • In December 2019, lawyer Tara MacDougall of the CAS offered to write a letter of support to the OPS that the non-communication order should be removed so that Moore may communicate with her children. (see exhibit X- affidavit of Gonen Snir)
      • She has also stated that she is agreeable to “whatever access Kiska and Moore can negotiate”. (see exhibit Y)
  5. In order to meet with her children, Moore would need the non-communication order to be removed.
  6. Furthermore, as advised by Officers Reesor and Bender of Ottawa Police Services, Moore must bring a civil action in order to retrieve her possessions (worth approximately $500,000) which were effectively stolen from her in May/June 2019 when she fled to the United States for safety. (see exhibit Z)
  7. As Kiska claimed to have participated in the theft, Moore must include him in the civil action and communicate directly or indirectly when he is served the Statement of Claim and other legal documents. (see exhibit AA)
  8. There is no flight risk as Moore will never abandon her children, plus she already demonstrated in July 2019 that she returns for court dates when she returned from the U.S. to attend a provincial hearing on July 26, 2019 as discussed here.
  9. Moore poses zero danger to the community* and there is zero evidence to the contrary. (*unless Karimjee was referring to the unlawful community???)

In closing

  1. Moore is not guilty of committing a single crime—respectfully, she requests that she be released on her own recognizance until trial as well as be permitted communicate with and see her two vulnerable children.
  2. Moore has voluntarily requested a psychiatric assessment (see exhibit Z: documents re 20200109 MH assessment court order) and hopes to put an end to the character assassination and this horrific form of Taxpayer-funded Domestic Violence and Child Abuse.
  3. Moore hopes to attend a conference on domestic violence in Nova Scotia in March 2020 and is currently seeking sponsorship from Minister Bill Blair. (see exhibit AB)
  4. As of January 25, 2020, Moore has already served six months: she was informed by former Amicus Curiae John Hale that if she had plead guilty, she would have been released after two months
  5. Accordingly, she requests to be released on her own recognizance without conditions.
  6. Moore requests that the 20191108 gag order (see exhibit AC – 20191108 order from K. Phillips and exhibit AD – 20191108 transcript) be overturned as:
    • posting on social media in no way constitutes criminal harassment,
    • Moore is being forced to absorb significant costs of traditional mail campaigns to continue her humanitarian efforts and
    • the order violates the Canadian Charter of Rights and Freedoms.

TO BE ADDED: Links to 28 exhibits

THIS IS A PARTIAL LIST of the prosecutors who have been paid by taxpayers in the Province of Ontario to keep Deirdre Moore prosecuted/detained/etc. despite (insert link to Crown Attorney’s Act, etc.).

FNAME LNAME SALARY | email@ontario.ca

FNAME LNAME SALARY | email@ontario.ca

FNAME LNAME SALARY | email@ontario.ca

FNAME LNAME SALARY | email@ontario.ca

FNAME LNAME SALARY | email@ontario.ca

FNAME LNAME SALARY | email@ontario.ca

Link to page with links to evidence

Criminal Code of Canada section 21(1) Party to Offense