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Subject:
From:
Maureen Fjeld <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 15 Oct 2009 18:41:16 -0600
Content-Type:
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The Alberta Breastfeeding Committee (ABC) has been approached to provide
support and information for a mother (JS) who was asked to leave a family
courtroom in Edmonton, AB. The mother's own summary of the situation is
included below with her permission.

The Canadian court system is probably similar to other Commonwealth
countries - so thought I would post on lactnet to see if anyone has heard of
a situation like this before or has information which would help us here.
Thanks in advance,
Maureen Fjeld, IBCLC, RLC
Calgary, AB (Co-Chair, ABC Board)
*****************
"I feel that this is too big a mountain for me to trek alone and finding
support has renewed my desire to climb the mountain.  Here is a summary of
events and a few thoughts I have had along the way.

-late August I am in a family court, where Judge Felice was presiding I was
sitting in the audience and had just bottle fed and burped my newborn
daughter, she was fussy and wanted to nurse so I discreetly began nursing
-Judge Felice immediately recessed court and had her clerk approach me and
inform me that what I was doing was wrong, it was inappropriate behaviour
for court, stunned I sat there and she repeated that was I was doing was not
appropriate and I needed to leave.
-I wrote letters to many individuals including the minister of Justice, the
chief Justice for Family Court and I filed an official complaint with the
human rights commission
-The minister of justice told me that there was nothing that she could do
about the incident
-The chief justice wrote me a letter that I found both dismissive and
condescending likening my nursing to texting, talking on a cell phone,
wearing offensive clothing in court and further informing me that the human
rights commission would have no authority to act upon my complaint as judges
are governed under their own special act while within their courtrooms in
order to maintain proper decorum because Judges are very important people
and have to make very important decisions
-Judge Felice has never bothered to respond to my complaint
-The human rights commission investigated my complaint and has suggested
that I withdraw it because they do not feel that they are able to act in
this matter based on another case which they feel established a precedence,
( the other case involved an individual who was asked to leave a courtroom
for wearing a religious head dress... I do not think that this is a similar
situation at all.... given that there is a law that clearly states that I am
allowed to nurse my daughter where ever she is legally entitled to be.. I am
not a lawyer but I am unaware if a similar regarding religious head dresses
exists)

-I understand the law as it is now... that a Judge has the legal right to
maintain what they feel is proper decorum in a courtroom with what are
considered socially acceptable behaviours, however my fundamental concern is
that nursing is and should be a socially acceptable behaviour in a courtroom
-I am also concerned that my rights and my daughters rights are being
violated here..... the nursing law should protect us both, as for the chief
justices comparisons to cell phones etc there are no laws regarding those
matters

I would appreciate any support and direction you can provide in this battle,
I can not do this alone.

             ***********************************************

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