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2017

e-mail: employescasecanada.ca

A) LINK TO ARCHIVES - EVENTS UP TO 2015

B) LINK TO 2016

C) RECENT 3    JANUARY 2017

...when pigs fly....

 

INTRODUCTION TO 2017

     Events up to 2015 is essentially the 30 year judicial record plus fraud thereto of the 30 year search for a legal finding in the employescasecanada.ca in order that compensation may be collected (includes pension rights) for the lay-off (for whistle blowing?) of former West Vancouver senior teacher, Roger Callow. The pinnacle of that rights challenge was the Second trip to the Supreme Court of Canada (SCofC) in 2004 under the 'ultimate remedy' provisions in which money must change hands in any such labour contractual arrangement. The failure of the SCofC to hear this appeal from B.C. reduced Canada to Third World status for now a Canadian contract has no meaning.

     In 2013, the Outlawed Canadian in an outlaw Justice System due to judicial malfeasance was expelled in this unresolved labour matter from the B.C. Courts (Cullen Creed) for 'reasons best known to a judge' as no hearing was held. From there on, legal matters were conducted in other provinces which by 2016 involved now up to 7 out of 10 Canadian provinces. Fraud permeates those hearings.

     2016 opened the way to a call on oversight bodies which, other than the auditor general's office, is non-existent in Canada. That failure includes Parliament and now, the first of the 21st century Prime Ministers, Justin Trudeau, as well as the anti-employee media in that condemnation. Two events stand out in 2016. The first is the failure of Parliament in the 2015 federal election to raise the issue of the Employee's Case which raises the question  of the credibility of Canada's court structure. The loss of the 'individual' and hence the 1982 Charter of Rights and Freedoms are the price we paid in losing our democracy. Now it is just bureaucracies speaking to other bureaucracies and not doing a very good job at that if the auditor-general's Report is any example.

     2017 pursues the question of imposed legislation which governments would seek to use apart from parliamentary and therefore court overview. For example, in the Employee's Case, the Employer, the West Vancouver School Trustees, refuses to recognize that the court quashed the arbitration favouring the Employer ruling, as it did, the gerrymandered government arbitrator to be patently unreasonable. Hence this targeted employee was left in limbo to this day where no compensation has been paid due to the chicanery of over 50 judges including two failed bids to the SCofC in 2016 (20883 QC and 20993 SK) by the same SCofC panel for both hearings. The point here is that whether it is under B.C.'s imposed legislation (BILL 35) of 1985, the collective bargaining rules, or some other contractual application; allowance for compensation has been made. Due to the bloody mindedness of a Justice System completely out of control as evidenced by this case (and many other judicial aberrations one reads in the media), the Employee's Case remains in limbo as a standing case. That is anarchy.

     This year promises to see many court challenges to imposed legislation as there are to be widespread lay-offs, particularly in the teaching profession in June. Similar to Margaret Thatcher in the early 1980's when Britain was broke, she sent in the troops, for example, to unload boats at the dock in this island empire. Today, no matter what you read, Canada is broke as the Federal debt is merely disguised as provincial debt compounded by personal debt where half Canada's population cannot get by if one paycheck is missed. The civil servants will be targeted as historically they were paid 10% less than the market due to their security and benefits. Today, they receive about the same amount (11%) more than market price and they still retain their benefits. Arbitration is not designed to deal with this calamity hence unbreachable imposed legislation is the only route for governments. To be sure, where arbitrations are called, an individual is doomed as both the employer and union and therefore, the arbitrator have no desire to see a 'win' for an employee as, due to labour law, that forces a second very expensive arbitration, or even a third. I wrote an advice newsletter to senior laid-off teachers in December of 2016; and not an optimistic one at that.

     2017 will also deal with other themes such as 'whistle blowing'. Excerpts from the article below are pertinent here: A SURPRISING GOLD STANDARD FOR WHISTLEBLOWERS (OTTAWA CITIZEN  Nov. 19  B4  ...a lot are just window-dressing laws, including Canada's, which Divine describes as a cardboard shield that provides little real protection. (N.B. for me, no protection as I was laid-off for economic reasons, not fired for whistle blowing) Cardboard shield laws like Canada's may be "gaudy works of art", he says, "but if you go into battle with one of those, you're going to die." ... Even so (in countries with effective whistle blowing laws), the battle is far from won, he says. "The next challenge is making sure the laws are legitimate, rather than Trojan horses or traps."

     That is currently the scope of my constitutional challenge in Alberta for as matters currently stand, every Employer will quote the 1985 Employee's Case precedent as the de facto situation whereby court challenges may be ignored. To date, every one of the 7 provinces and the SCofC have thwarted this challenge to the detriment of 35 million Canadians...and still the anti-employee media would cover for these miscreant  'Old Boys' Club' members. Other actions are pending in P.E.I. and Ontario amid judicial obfuscation and will be the topic of succeeding newsletters.

     The significance of the Employee's Case stretching, as it does, over 7 provinces is profound. For example, Judiciaries apart from the SCofC are provincially governed hence common problems can only be initiated  through a court case limited to the one province. The Employee's Case has removed that stricture now permitting this case to be ubered (unexpected attack from an external force) in which the perfidy of the many courts on this case has been exposed by using the material from one court against another. There is no precedent for that type of legal performance.

     SCofC Chief Justice Beverley McLachlin retires this year. Should either QC appointees whom sat on both 20883 and 20993,  Robert Wagner or Suzanne Coté, succeed her ,don't expect any reform of the Justice System.

     2017 marks the 170 birthday of the BNA Act. PLACARD: 170 YEARS IS MORE THAN ENOUGH. In judicial terms, 'protection of private property' was the focus in 1867 while with the 1982 Human Rights Bill, the individual is the focus. The Employee's Case has shown how the latter was wiped out explaining why July 1 has been re-named by me as anti-judge day. Party if you will, but leave any discussion of politics out of the equation: P. BEHIND EVERY POLITICAL COLLAPSE IS A MORAL COLLAPSE.    

 

        We don't know from the above                                                               No doubt about this photo!

             that she was a protester