The 'Ho Hum' syndrome of the media - JULY 01, 2016 (ANTI-JUDGE DAY)
QUOTE: A) 'All that is necessary for the triumph of evil is that good men do nothing' Edmund Burke
B) 'The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.' Alvin Toffler (d. 2016)
1) In order to give the myopic media a perspective for introducing the employescasecanada.ca to the public in which this targeted lay-off senior teacher was shafted for whistle blowing by the West Vancouver School Board in 1985 in an illicit lay-off, I use this terminology: 'the B.C. government was hi-jacked (BILL 35), the justice system co-opted (arbitration quashed with the government-appointed arbitrator ruled patently unreasonable) in a bid to sanction a sweetheart deal between the Employer and Union. As the targeted party, I was left in limbo.
2) This unresolved labour matter which has seen four trips to date to the Supreme Court of Canada and has been before over 11 separate court systems across Canada and over 40 judges is characterized by systematic judicial malfeasance. No compensation (includes pension rights) has been paid which flies in the face of contract as well as labour law. In brief, the Union movement - among other bureaucracies- died with the death of the 'individual' in our society.
3) So why is this lead civil matter in Canadian jurisprudence boycotted by the anti-employee Canadian media? This account seeks to elicit a philosophical background.
4) In the 1950's, when I had a paper route in Vancouver, almost every household received a newspaper; The Province for the Conservatives and The Vancouver Sun for the Liberals. (The genesis of newspapers was for political purposes). Not wishing to be labeled, 'Oh, you farmer!'
the population was expected to be cognizant of the issues of the day (as defined by the editors with little opposition).
5) Today, the Province and the Sun are combined as Pacific Press, now owned by Post Media with its extensive control across Canada. In the last Federal election, the Post media CEO ordered that all English speaking newspapers were to carry editorials in support of the (losing) Tory Harper government. (In the U.S. a similar newspaper binge failed to unseat Republican Presidential Candidate, Donald Trump.)
6) The demise of the influence of the media extends to political parties as well: 2016 QUOTE; 'As long as political back offices rely on manipulation and control, the power of political parties will continue to diminish' John Snobelen was a cabinet minister in the Conservative gov't of ON premier Mike Harris from 1995 to 2002. ( N.B. of interest here is that there is no mention of the role of political parties in the constitution nor, for that matter, a second key influence, 'income tax' which is not disappearing any time soon).
7) Some would say that the news media has been eclipsed by the internet and social media which is only part of the story. The real story is that no-one feels obliged to be aware of the 'issues of the day' in a press world left talking to itself as they can no longer get the story, and if they do get a juicy story antithetical to the political interests of the editor, it won't be printed in an age where lay-offs are increasingly common among columnists. I give the existence of the print media another year. At one time, the columnists pleaded with their readership to trust to their columnists and not to the unregulated internet...all gone now, of course. Entertainment News has supplanted any serious consideration of society's problems... plenty of circuses, but no bread....
8) In the above regard, I began Newsletters in 1986 when only 'snail-mail' was available leaving the Union having an apoplectic fit joined later by the courts with the addition of the emerging fax machine to legal offices. In the mid-1990's, I was blogging even before the term was coined
9) So why do I set a premium on breaking the media boycott considering that this legal debacle is already widely promulgated in the teaching profession and beyond in Canada? In simple terms, every time that there is a labour problem among teachers, this precedent-setting case will scream 'blue murder' from the background, a condition which cannot help but influence all other aspects of the judging profession. Indeed, recent events in Quebec with the concomitant cover-up of the Supreme Court of Canada (#36883 June 09-2016) in this case has left all Quebecers - teachers and other individuals nowhere to turn but the streets for justice.
10) Presuming that this issue is widely promulgated by the media, will it make any difference? Not really, as the Justice System imploded with no alternative - considering P.M. Trudeau's inaction - available. Further, the media has far more limited control over events than many people believe which explains, in part, why they focus on 'outcomes' rather than 'process'. (Some of their processes amount to being judge, jury, and executioner and recently have been backfiring on their opinions e.g. Senator Mike Duffy judicial escapade.)
11) One issue makes the above point although many others abound. Falun Gong has been persecuted in China for the last 16 years with body transplants functioning on the level of one of the most colossal genocides in history. In 2006, I was probably the only Canadian publicly supporting them with my eclectic posters including this one: I SUPPORT FALUN GONG. At that time they had visual cage displays of incarceration plus tables attempting to get signature support. Canadians walked by oblivious to the appeal. The other day, I walked by 'on placard parade' past a Falun Gong marching band merely advertising their name. The U.S. House of Representatives finally passed a resolution condemning China's transplant policy. Why did it take so long considering books (by Canadians) exposed this perfidy some time ago? Because, I submit, the U.S. senses this Chinese policy coming to an end and want it to appear that it is their influence - as supported by the U.S. media - that has made the difference. In fact, a decade ago, China bureaucratized the process making the military and the hospitals dependent on this atrocious practice in order to finance their operations and it still goes on.
12) To be sure, should the Employees Case meet with an outside settlement ($10 million and climbing), the media would be all over this case 'like a dirty shirt' pretending that they had been covering matters all along...nothing could be further from the truth.
WHAT TO DO WITH A TYRANNICAL JUSTICE SYSTEM
13) The above question is modeled, of course, on the age-old question of what to do with a tyrannical king? Assassination of one type or other, is the typical solution.
14) As to a tyrannical government (or justice system), the answer is civil war. The Southern U.S. for example argued that, for constitutional reasons, they could withdraw from the Union in the 1860's. There was no term to the 1776 agreement nor prohibitory regulations against such a movement (similar to BREXIT). The North provided a military answer which led to a very high rate of carnage on both sides before the North won.
15) The idea that a single figure such as myself could bring a Justice System to its knees is akin to the proverbial mouse approaching the elephant with rape on its mind. And yet it happened. The Employee's Case, in that regard, is not unique in that it merely exposed the corrupted and corruptible influences of the Canadian Justice System in much the same fashion that the criminal trial of Senator Mike Duffy exposed - for the first time in another 'standing case' - the 'loosey goosey' rules of a Senate still thrashing around long after Duffy was exonerated by an 'honest judge'. The process used in the Employee's Case, I label as ubering (external threat from an unexpected source) as I cross-referenced one court finding in one venue with that of another; a hitherto unheard of action. The culpability of the authorities, in that regard, were exposed in a fashion never before experienced in Canadian jurisprudence and the results have been disastrous for Canadian democracy...or what's left of it....
16) In the Employee's Case, the problem is not so much the 'loosey goosey' rules; rather it is the 'loosey goosey' judges appointed by the Chief Justices to sidetrack this unresolved legal labour matter. The pathetic aspect about much of this judicial chicanery is that it was unnecessary but the various appointed judges believed that here was an instance where their 'sleight of arm' judicial stunts were called for...and I have managed to catch them all out.
17) Hence the question becomes one for the oversight bodies (including Parliament and the Prime Minister with his executive powers) which are non-existent. The public is aware of the shortcomings of police oversight committees, but the rest in Canada - including those of the judiciary - are moribund as well. It is a good reason not to vote as Canadian Democracy must await a future Prime Minister to lead Canada and Canadians from the abyss of their own folly. In brief, we failed to 'stand on guard for thee' and are now paying the price. Firing Chief Justices and justices seems the logical course of action.
18) Does everything in this case rest on a new Prime Minister? Not entirely. SCofC Chief Justice Beverley McLachlin whom looms large in this case is due to be replaced in 2017. A new Chief Justice may not be quite so sanguine about seeing his reputation bloodied with this 30 plus year unresolved labour case.
19) Currently, the case solely against the Union in P.E.I. is focused on whether or not the B.C. Teachers Union believe that they have control over this case under the collective bargaining rules, which the Employer would dispute as they claim that BILL 35 makes oversight from the courts and Labour Board to be null and void. The B.C. Courts bought into that back door 'mistake(?)' and were protected by the B.C. Labour Board and the SCofC in 1997 by refusing to hold any hearings on this question giving tacit approval to this gross 'mistake'. (McLachlin sat on that SCofC rejection committee along with then Chief Justice Lamers (d).)
20) The constitutional question against the Employer in Alberta relates to the basic agreement between governments and the courts; namely, does government imposed legislation displace statute law (e.g. collective bargaining rules) where the legislation does not explicity challenge statute law? The Employer sought to raise this question earlier in ON before a hapless Justice McKinnon (13-59060) (where I was the Respondent) whom ignored this central question with which challenge I was in agreement.
21) Until the Employee's Case is resolved, all law in Canada is held in abeyance with no credibility. 'No legal answer cannot be a legal answer' under these circumstances. My protest placard says it best: WHY OBEY THE LAW? / JUDGES DON'T. Or how about this one: CHICKEN LITTLE SAYS: THE CANADIAN JUSTICE SYSTEM HAS FALLEN . And for those awaiting Prime Minister Justin Trudeau to pick up the pieces: JUSTIN DID NOT INHERIT HIS FATHER'S BRAIN or WHAT THE FATHER WOULD CREATE (CHARTER RIGHTS 1982) / THE SON WOULD DESTROY
The following space is devoted to if and when the 'ho hum' media get active on this file