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Myrtle Hofer: Senior apprehended by Public Guardian

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July 9, 2010

The Honourable Ms. Alison Redford QC,
Minister of Justice and Attorney General
403 Legislature Building

The Honourable Ms. Mary Anne Jablonski
Minister Seniors and Community Support Services
# 227, Alberta Legislature Building

Ms. Brenda Lee Doyle

Provincial Director
Office of the Public Guardian

Edmonton Provincial Office
Room 330,
10405 Jasper Avenue, Edmonton AB T5K 4R7

Apprehension of Mrs Myrtle Hofer # 249, 6 mile Common, S. Lethbridge.

On June 16, 2010, Ms.Tobi-Dawn McRae, Public Guardian Officer, Lethbridge made an ex parte Application to the court for the apprehension of Mrs. Hofer.

On June 18, 2010, Mrs Hofer was apprehended at Linden, AB, (not at her domicile in Lethbridge) by the RCMP and Calgary Public Guardian Officers and taken to a care facility in Lethbridge, The View. The Public Guardians, Mohinder Bajwa and an unnamed guardian and the RCMP failed to advise Mrs. Hofer of her rights according to the Charter of Rights and Freedoms.

Frightened and crying on the shoulder of a young friend who was present and also crying, she was then led away to a government van and taken to Lethbridge.

Not only was Mrs Hofer seized but also her estate was seized, denying her all access to her money.

On July 6, 2010, Mr. Scott C. Paul, Ascent Legal Centre, brought an Application before the Queens Bench Court, Surrogate, for the guardianship and trusteeship of Mrs. Hofer. The Application was made on behalf of the Office of the Public Guardian and the Office of the Public Trustee.

At the court, Mrs. Hofer was not represented by counsel, although she had requested counsel, she was not allowed to be present, she had no voice at the court.

We therefore stepped forward at the court to advise the Honourable Judge of relevant facts which were being withheld from him. Facts such as, that 87 year old Mrs Hofer had been apprehended by the RCMP and the Office of the Public Guardian, that she had not been advised of her rights under the Charter of Rights and Freedoms, that she had been stripped of her cell phone and was being isolated from family and friends.

The Guardian’s Office had moved her to Raymond, to the Good Samaritan Prairie Lodge where she was being essentially hidden. However, on July 7, 2010, **** phoned the Lodge concerning Myrtle Hofer, she was informed that Mrs. Hofer was not allowed visitors, was being held under guard and disallowed to communicate, she had no phone.

Finally, we have been informed that the apprehension and detention of Myrtle Hofer has been carried out under the protocol of the new Adult Guardianship and Trusteeship Act.

Please be advised and advise your staff that Mrs. Myrtle Hofer is a Canadian citizen and therefore should be privy to all rights of citizenship.

We would be grateful to be in receipt of your response in regard to this troubling matter by the 20th July, 2010

Thank you.

Yours truly,

Elder Advocates of Alberta Society

cc. Mrs. Myrtle Hofer, The Good Samaritan Society Prairie Ridge,
# 328 Broadway S. Raymond, AB.T0K 2S0
Registered letter.



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