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The first time I met Connie in the admitting
department of Whitby
Psychiatric Hospital she looked sad. Connie was
a 25 years old single mother. When she showed me the picture of Celine, her four
years old daughter, she had tears in her eyes. She had been depressed for the
last few months because Children Aids Society [CAS] of Quebec was refusing to
give Celine back to her.
When I asked the details I found out that Connie
used to struggle with drug addiction when she was in
Montreal.
Before going to a Drug Rehab Program she took her daughter to CAS and asked them
to look after her while she received her treatment. When they gave her papers to
sign she did, as she wanted to cooperate with the authorities. After a few weeks
of treatment when she was discharged from the Rehab Program she went back to CAS
to get her daughter but they turned her down telling her that she had given them
permanent custody. At that time she discovered that she was deceived when she
signed the papers in French. She thought she was signing temporary custody but
in reality she had signed permanent custody and CAS had declared her an unfit
and incompetent mother.
Connie had moved to Ontario to be with her
cousin who was very supportive of her. When Connie asked my help I wrote a
letter to the judge in Montreal asking him to transfer her daughter to Ontario
so that she could fight her case here. The judge honored my request and
transferred Celine’s case to CAS in Ontario. Connie applied to Oshawa Court to
get her daughter back but CAS refused to give her the daughter.
One day I received a call from
Connie’s lawyer to discuss her case. I had sent him a letter of support. He
thanked me for the letter but told me that CAS is very strong and will not give
her the daughter. He told me that the only hope was if I appeared in the court
personally and fought for my patient and convinced the judge. His request
inspired me to go to the court. There was a time as a teenager when I had a
dream of becoming a lawyer. I thought I could fulfill that dream for one day and
also become an advocate for my patient.
So I went to the court one afternoon
and was kept on the stand for three hours. It was one of the most incredible
experiences of my life.
The case started with an ethical
dilemma. When I refused to put my hand on the Bible the judge asked me if I
wanted Holy Quran to take an oath, I said, “I neither believe in Bible nor Quran
because I am a humanist.”
‘What is sacred for you?”
“My conscience” I answered.
“ So take an oath on your conscience.” And I
did.
That afternoon I was interrogated by three
lawyers, Connie’s lawyer, Celine’s lawyer and most of all CAS lawyer, Ms
Fergusan, who was brutal with me. She started challenging me by a question,
“ Dr Sohail, you are supporting a child in this
case. Do you have any children of your own?’
I kept quiet for a few seconds, became
thoughtful and then said, “As a single man all I can say is I hope not”
The judge got the hint and smiled.
CAS lawyer was trying to make a point that
Connie was a drug addict and had just came out of Rehab Program and could not be
trusted as a mother. My position was that she was a responsible woman who got
professional help and was motivated to be a good mother and we had to offer her
all the support she needed. I believed that a sympathetic approach would be more
effective than punitive approach and we should not punish her by taking her
daughter away from her.
When Ms Fergusan criticized my patient for not
attending some of her appointments I reacted strongly. I said,
“You are unfair. For middle class professionals
to buy 2 dollars ticket might not be an issue but for a woman who is a single
mother, 2 dollars for one-way bus ticket is a lot of money. She gets 540 dollars
from Social Services, out of which she pays 440 dollars rent, and from the rest
100 dollars she has to buy food and clothes for herself and her daughter. Social
Services would not give her money for her bus fare. So we need to be careful
before we criticize Connie.
When Ms Fergusan accused me of being
irresponsible by transferring the girl from Quebec to Ontario, the judge stopped
her and said, “I usually keep quite but I have to talk. Ms Fergusan, It was not
Dr Sohail who transferred Celine to Ontario. It was done by the judge’s order
from Montreal. Dr Sohail just requested the judge and judge accepted his
recommendation. Dr Sohail did what any good psychiatrist would do for his
patient”
At the end of the day the judge agreed with me
and accepted my recommendation and ordered the little girl to be given back to
the mother. I was quite pleased when my patient thanked me and her lawyer told
me that he would not have won the case without me. The only person who was in a
bad mood was Ms Ferguson. That day I proved to myself that I would have been a
good lawyer if I chose that profession. Fighting for human rights for the
underdogs has been my lifelong passion as a poet, humanist and a
psychotherapist.
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