adultery, bullying, cheating, Criminal Code of Canada, Cyberbullying, Defamation, divorce, Fraud, Libel, Mobbing, Stalking

Criminal Code of Canada: Defamatory Libel, Publishing, Stalking, Criminal Harassment, Cyberbullying and Identity Fraud

Section 300 of the Criminal Code of Canada is the “Punishment of Libel Known to be False”.  It states that: “Everyone who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding 5 years.”

Section 301 of the Criminal Code of Canada is the “Punishment of Defamatory Libel”.  It states that: “Everyone who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.”

The definition of “publishes” is listed in section 299 of the Criminal Code of Canada and states:

“A person publishes a libel when he exhibits it in public; causes it to be read or seen; or shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.”

As a result, I will be removing any comments made by my ex and his followers that are libelous and posted on my site.

Why anyone would state such things about me and encourage others to write such accusations that include criminal acts is incomprehensible. How someone could proclaim to care for the wellness of my children while dragging their mother through the mud is, to me, the equivalent of being an abuser of my children.

Section 403 of the Criminal Code of Canada, “Identity Fraud”, states that: “Everyone commits an offence who fraudulently personates another person, living or dead, with intent to gain advantage for themselves or another person; with intent to obtain any property or an interest in any property; with intent to cause disadvantage to the person being personated or another person.”

Personating a person includes pretending to be the person or using the person’s identity information”.  Punishment for everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) is guilty of an offence punishable on summary conviction.

For stalking to be criminal harassment under section 264 of the Criminal Code of Canada, here is what my ex and his performers should be aware of:

“1.  A person does one or more of the following things:

  • repeatedly follow you, or anyone you know.
  • repeatedly communicate with you, or anyone you know, directly or indirectly.
  • repeatedly watch you, or anyone you know, or lurk around your home, workplace, or any other place you happen to be.
  • engage in any threatening conduct directed at you or a member of your family.

2. The person knows that their conduct is harassing you or they are reckless about whether their conduct is harassing you. “Reckless” means they know their conduct may harass you, but they don’t care.

A person can be stalking even if they don’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

Stalking may start with conduct that seems more annoying than dangerous. Often, the conduct is legal and even socially acceptable, if it’s just an isolated incident. But when it’s repeated, it may scare the victim.

“Cyberbullying is a type of harassment using new technology. Whether it is criminal harassment depends on the facts of a case. Cyberbullies use social media (such as Facebook, Twitter, Instagram, Snapchat, and YouTube), blogs, texting, instant messaging, and other internet avenues to engage in deliberate, repeated, and hostile conduct intended to harm, embarrass, or slander someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.

Cyberbullying may also be defamation. The Criminal Code (section 300) outlaws publishing a defamatory libel – material published, without lawful justification or excuse, likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule, or designed to insult the person.”

These perpetrators think they are hiding behind user names.  What they may not realize is that every computer on a network has a unique number called an IP address. Routers also have an IP address that acts as a front man for a bunch of computers. Law enforcement can trace your IP address back to your exact physical address.

I have all of the perpetrators email addresses, IP addresses and internet service providers. For example, I can tell you that the person who posted comments under the user name Happy and Robyn Graham Cherrie (masquerading as me) is the same person, my ex. I can tell you that the people using user names Azif, Trouble Brewing, Silly Sally’s Sister, WTF and Devil’s Advocate were in the same location while they posted comments. They probably work together as the IP address is identical, indicating they all likely had separate computers running through the same router. Their service provider is Telus. WTF, Devil’s Advocate, Two Wrongs Don’t Make a Right and Winner Winner Chicken Dinner are all the same person. Time to Move on and Awesome are the same person with Rogers as their service provider. Azif and Pot Calling Kettle are the same person. Time to Move on and  NothingbutBS may be the same person or work together because although they used different email addresses they share the same IP address. I have 2 IP addresses for Sally so she may be working at 2 different places of employment or one is for her home service provider as one is Telus and the other Shaw.

I will not respond to any harassing messages and I am telling those involved in communicating with me in this manner to stop. I have been advised to provide all of your comments to the police.  I have been advised to report your conduct to your internet service providers as most companies have policies on acceptable use of their services and can cancel the service of a customer who violates those policies. If you continue to contact me I can seek a civil protection order.

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adultery, cheating, court, divorce

Carefree versus Careless

I received 3 harassing texts from my ex today all with the same 2-word message.  These came under his new email handle, “happyandcarefree”.

I think he is mistaking being carefree with being careless.  He may very well be acting like he has no worries, troubles or stress in his life but all of the things he is avoiding will catch up with him.  He may feel carefree because he physically left all of his responsibilities except his job behind.  However, I continue to receive some of his mail.  He hasn’t paid his medical service plan for months, he hasn’t paid our older daughter’s school bill, he owes a bill from an expense on our Cambridge property, he owes income tax and he still hasn’t filed taxes for 2014.

My lawyer is getting ready to file our order in court so my ex will have to appear before a judge to answer for not paying expenses he legally is required to pay me and that he agreed to pay in our mediation. He will also be required to obtain banking information that we suspect will show he failed to disclose money he has hidden in a bank account he failed to list in his prior affidavit.

There is a side to the definition of being carefree as someone who acts irresponsibly.  So if it was my ex’s intention of acknowledging himself as being irresponsible in his new handle then perhaps it does fit.

Synonyms for being carefree include lighthearted, joyous, blithe, airy, gleeful, cheery, elated, and happy-go-lucky.  Anyone who knows my ex would never describe him using any of those words.

I simply deleted all 3 of his messages without responding.  That feels carefree.

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affairs, Betrayal, cheating, control, domestic abuse, God

Authentic Love

Prior to Katy Perry singing “By the Grace of God” at the 2015 Grammy Awards tonight, Brooke Axtell made a speech in reference to surviving domestic violence. This is an excerpt from what she shared:

“Authentic love does not devalue another human being. Authentic love does not silence, shame or abuse. If you are in a relationship with someone who does not honour and respect you I want you to know that you are worthy of love. Please reach out for help. Your voice will save you. Let it extend into the night; part the darkness. Let it set you free to know who you truly are: valuable, beautiful, loved.”

I didn’t even know I was in an abusive relationship. It was verbal, mental and emotional torture. I know that I felt devalued and unloved many times but it has taken friends and professionals and the distance of separation to make it clear. I had friends say that I would laugh things off that were so mean, degrading and not funny at all and that their husbands would never say or do things like mine did.

Some of the things he has texted me recently are as follows:

‘You are sad and pathetic; you can’t move on and look pathetic for it; your older daughter already sees how pathetic you are and your younger one is not far off; even your friends are falling by the wayside; you’re an idiot; #crazylady; hypocrite; figure it out tubby; what a fat cunt you are; fuck you; spoiled bitch; fuck you and figure it out; mom of the year; take a look in the mirror Broom Hilda; you ain’t what its all cracked up to be; ole miss big mouth forgets how hypocritical she sounds; hey rockstar, learn how to use your phone; you’re such an awful example of not only a mother but a person; if anything happens to (our daughter) it will be all your fault; and how dumb are you; it’s no wonder the kids are damaged; you really have some mental issues; it’s no wonder the kid hates your guts; go put another cookie in your mouth; Waaaaaa! Waaaaaa! Waaaaaaaa!; keep your opinions to yourself because I don’t want or need to hear them. That’s why we’re divorcing…so I don’t have to hear them any longer; angry ex-wife; get the story straight before you beak off; my truth is fuck off; get the facts and shut the fuck up; you are a vindictive money grabbing angry sad sack of a being; you’re a joke; what a two-faced hypocrite you are; you’re delusional; don’t put your big nose in our daughter’s business; you aspire to do nothing with your life; the smartest thing I ever did was leaving you.”

I haven’t gone back and looked at emails but I remember him calling me a “waste of skin”, telling me I need to do something with my appearance, too bad I let myself go; have another slice of cheesecake; I needed to wear makeup; my life has no purpose; calling me Einstein, etc.

I know I started to push back in the months before I found out about the affair when he said my food “tastes like shit” in front of the kids.

There was no authentic love from my husband towards me. However, I have made the decision that I will not be shamed, silenced and abused by him any more. I told him by text on January 21, 2015, after a harassing phone call that had no purpose other than to abuse, that if he continues to call or text me I will get a restraining order against him. His response: “Hahaha”. I haven’t had any phone calls or texts since.

I am worthy of love. I am lovable. I am loved by God and see him working in my life showing me his love every day. I am loved by many, many people who show me love with their actions, words, gifts, service and affection every single day. I have tons of friends and I am a very good friend. I have value and I am beautiful inside and out. I know who I truly am. Authentic love does exist in my life; just not from my ex.

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