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OPEN LETTER TO NEVER, NEVER LAND (CANADA)–JAN.08-2016

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN  and  U.S. NEWS and PMO and Gov.Gen. & for a short time, P.M. Trudeau)

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)

 

 BY: Roger Callow ‘The Outlawed Canadian’ in an 'Outlaw Justice System' www.employescasecanada.ca       (30 year unresolved 'standing case' legal matter in 'illicit' teacher lay-off) now known judicially as ‘the cluster-fuck case’ which has been through 10 different court systems and over 40 judges. Sask. APPEAL CACV2783 has, as its focus, the ultra vires nature of BILL 35 as 'current demonstrated ability' is undefined in the Act or in law in general hence anything flowing from it is 'null and void'. The SK court did not order up the 'missing memo notes' (minutes of School Trustees meetings in June of 1985 where they heard from gov't. officials on all aspects of BILL 35) from Justice Southin (1986) which hold the key to this government fraud.  The Quebec Courts originally began solely on the grounds of 'disclosure' of those missing memo notes and has metamorphosed into a crisis in Quebec without precedence. (500-09-025753 C.A.M. / 550-17-008208-157 Gatineau) What's better than one judge?...why two judges on the same case in QC 550-17-008208-157 which is called 'running a court within a court'. Premier Couillard's government is in tatters as Quebecers no longer have anywhere to turn for justice.

EMPLOYER FRAUD -SEE web:JANUARY-2016 under this heading & date for 6 page account

 

 

January 08, 2016

TO: The Appeal Courts of SK and QC

ATTN: SK Registrar Melanie Baldwin & QC Court of Appeal Mtre Catherine Dufour

FROM: Roger Callow, Ottawa, Ontario K1V 9A7

fax: 613-521-1739  e-mail: employeescasecanada.com

 REFERENCE: SK CACV2783 & QC 500-09-025753-153 filed jointly on January 3-2016 due to secondary factums filed by the respective legal Councils (B.C.'s Harris & Co. for SK Appeal and Q.C.'s Lavery, de Billy) for a Motion to Dismiss by  both parties in their respective provinces.

ACTION CALLED FOR IN BOTH SK & QC:

1) To postpone hearing dates of January 18-2016 in QC set unilaterally by de Billy  in collusion with the court to sometime in mid-February and to postpone in SK to mid-March a hearing date set unilaterally by the court for February 09-2016.

2) Normally, hearing dates are set by the litigants after consultation as to respective availability so why the most unusual judicial action above? Probable explanations for both provinces follow.

GENERAL

4) Court Systems in B.C., Supreme Court of Canada, Federal Court of Canada, and Ontario have collapsed under the weight of this case. Courts in SK and QC are badly compromised as this account will show.

10) ... Nazi Germany in the 1930's operated this way using democracy to destroy democracy.

STANDING CASES

11) ...Leaving me in a permanent state of limbo registers as a 'standing case' as the entire justice system is based on 'finality'.

CONCLUSION

21) As this series has demonstrated, there is no justice in Canadian courts of law for individuals; only judge-made law. The oversight bodies are weaker than the bureaucracies they would seek to oversee. As for politicians? Don't even ask. That is why as of the last Federal Election on October 19-2015  I pronounced the death of the individual in Canadian democratic society making a mockery of the 1982 Charter of Rights and Freedoms  (PLACARD: WHAT THE FATHER WOULD CREATE / THE SON WOULD DESTROY)...

 

January 08, 2016

 

TO: The Appeal Courts of SK and QC

ATTN: SK Registrar Melanie Baldwin & QC Court of Appeal Mtre Catherine Dufour

 

FROM: Roger Callow Ottawa, Ontario K1V 9A7

fax: 613-521-1739

 

REFERENCE: SK CACV2783 & QC 500-09-025753-153 filed jointly on January 3-2016 due to secondary factums filed by the respective legal Councils (B.C.'s Harris & Co. for SK Appeal and Q.C.'s Lavery, de Billy) for a Motion to Dismiss by  both parties in their respective provinces.

 

ACTION CALLED FOR IN BOTH SK & QC:

1) To postpone hearing dates of January 18-2016 in QC set unilaterally by de Billy  in collusion with the court to sometime in mid-February and to postpone in SK to mid-March a hearing date set unilaterally by the court for February 09-2016.

2) Normally, hearing dates are set by the litigants after consultation as to respective availability so why the most unusual judicial action above? Probable explanations for both provinces follow.

 

GENERAL

3) This 30 year unresolved  B.C. Labour case involving the lay-off of West Vancouver, B.C., senior teacher, Roger Callow in June of 1985 lacks a judicial finding from which compensation (includes pension rights) may flow. That failure before 10 courts and 40 judges has reduced Canada to a fourth world entity.

4) Court Systems in B.C., Supreme Court of Canada, Federal Court of Canada, and Ontario have collapsed under the weight of this case. Courts in SK and QC are badly compromised as this account will show.

5) 'Justice delayed is justice denied' is an old legal maxim which is exacerbated by its near cousin, 'disclosure' in which one party - either a Respondent or the Crown withhold key evidence. In QC recently, one judge fed up with Crown delay for a period of years, released a number of Hell's Angels from prison. As a consequence the Crown is appealing. In Ontario, retiring Judge J. Nadelle was not against doing the same thing, but only for minor cases (hypocrisy?).

6) For 30 years, the courts have continually refused my request for the 'secret missing memo notes' on West Vancouver School Board meetings in June of 1985 in which the neophyte imposed BILL 35 (effective July 01-1985; lay-off letter dated June 28-1985) and the lay-off of senior teacher, Roger Callow was discussed. These notes were returned to the Employer and Union by B.C. Supreme Court's Justice Southin 'because she did not use them'.

7) Those notes, it is submitted here, would show that Justice Southin was correct in claiming that the Employer did not sanction the lay-off of any teacher in June of 1985. She quashed the arbitration favouring the Employer thus leaving, as it turns out, this plaintiff in a 30 year state of limbo creating, in that process, a 'standing case' for which more will be said later under a separate heading.

8) The arbitration was the first example of the duality which appears commonplace to corporate thinking including the courts. For example, West Vancouver Secondary School Principal, John Williams, had two Professional Teacher  Reports on this figure; one positive and one negative. He filed the negative one and I caught him in this duplicity, even giving prior  warning to the Ministry of Education  under Deputy Minister, Jim Carter, the former controversial Principal of West Vancouver Secondary. BILL 35 was the answer. Of course that's fraud but a type of fraud so well engrained in our Justice System that the courts of law are used to turning the proverbial 'blind eye' to these indiscretions. Failure of the oversight committees (including Parliament) plus the anti-employee media has given free reign to such egregious behaviour.

9) Leap-frog to the duality invoked by the Employer  currently in league with the courts to undermine the plaintiff's Appeal case in both SK and QC. The cases vary although both cases have 'disclosure' at their base on the grounds that no court is competent to proceed without the revelation of those missing memo notes from Justice Southin on School Board meetings in June of 1985. In the the case in SK, the focus is on the ultra vires nature of BILL 35 (since repealed before this sole laid case was resolved = banana republic justice) as  the term 'current demonstrated ability' is undefined in the Act or in law in general...Is it something one is to have or not have?  Any court can rule on that point with any action flowing from such disallowance to be null and void. Regrettably, Megaw j. of the SK Queen's Bench refused to call for such disclosure as did Ottenbreit j. of the SK Appeal Court in a highly specious 'surety request' granted by him to the Employer. He had turned the laws on 'surety' upside down by claiming a 'special case'. With little choice, the surety was paid by me so now the challenge in SK is to dispose of this case through a 'Dismissal' filed by Harris & Co. even after they were cited for examination by the B.C. Law Society on a complaint from the SK Law Society for earlier transgressions in the McGaw j. case. More on their perfidy under the heading of  Saskatchewan

10) The situation of 'duality' in QC is far more serious and, if possible, moves Canada from 'fourth world status' (third world status was achieved in 2004 when the Supreme Court of Canada refused for a second time to hear this case of national importance relating to the future credibility of the Canadian Justice System) to a 'fifth world entity' if that is possible. Nazi Germany in the 1930's operated this way using democracy to destroy democracy. Again, more on QC duplicity under a separate heading.

 

STANDING CASES

11) Because I was expelled (no 'may proceed only with the permission of a judge' included ) from B.C. by the 'Cullen Creed' in July of 2013 for 'reasons best known to a judge'; I sought justice in courts outside of B.C. bringing into effect the revelation of the 'grey eminence'; that individual whom has access to all the back doors of the Offices of the Chief Justice in the land. Leaving me in a permanent state of limbo registers as a 'standing case' as the entire justice system is based on 'finality'.

12) Two other cases illustrate this rather rare phenomena of a 'standing case'. Senator Duffy charged criminally has one although I submit he blew it by taking the stand as opposed to exposing the perfidy of the operation of the Senate. To be sure, he didn't do anything that many Senators did before him and far worse, but he is the first Senator to be charged criminally bringing into focus his status as a 'standing case'. Dismissed CBC personality, Jan Gomeshi, for no given reason also has a 'standing case'. By not giving a reason, the Employer and Union hoped to evade the collective bargaining process. No honest judge will even contemplate a CBC case on these grounds...no reason; no case or 'no tickee, no laundee....But as the Employee's Case has shown, the judiciary is rife with dishonesty.

 

Saskatchewan

13) When the Employer was not successful in derailing my Appeal with a phony Surety claim, they turned to plan 'B' by filing a Second Factum in December-2015 cherry picking features from the First Factum in order to whitewash their perfidy.

14) It would appear to be the basis on which Registrar Melanie Baldwin in a letter to me on December 23-2015 (received January 05-2016 and responded to- SEE web employescasecanada.ca  JANUARY -2016- assigning, in that process, a hearing date of February 09-2016. No mention is made of the parties involved in this unilateral action by the court although the letter is addressed to me. Baldwin is no neophtye  in the job. She should be dismissed for such perfidy. As matters now stand, it would appear as though she is acting on orders from the Office of the Chief Justice which draws into serious question as to the calibre of the 3 judges to be assigned to this hearing which I have asked to be re-scheduled to sometime in March, presumably after we have a Report from the B.C. Legal Society as to the ethics of Harris & Co. before McGaw j. (of which discretions were pointed out to McGaw j. in court).

 

Quebec

15) The situation in Quebec is far more serious as to the perfidy of the court in conjunction with Lavery, de Billy for the Employer. Canada and Canadian jurisprudence will not survive this challenge, in spite of a national boycott by the anti-employee Canadian media.

16) The point of laying the charge in QC by me based solely on the disclosure of the 'memo notes' was to expose the existence of the 'grey eminence', mentioned earlier. Other courts had glossed over this point by referring to other matters.

17) Gatineau Judge, A. Therrien, was inclined to dismiss my case and would have, if it had not been an incredibly weak case mounted by de Billy whom was treating this matter as a 'billable time cakewalk'. As the court later opined under a second judge, 95% of their case was based on a highly contentious 'frivolous & vexatious' earlier ruling from Ontario's McKinnon j. It is unusual for a judge to re-open a case but the idea of a second judge re-opening the case and writing a Decision with no mention of the sitting judge denies credibility, even if the second ruling is the only one registered on the judicial record; the defective Bible of the judiciary.

18) It is this second ruling for which Lavery, de Billy is calling for 'dismissal' without even mentioning the existence of the duality of the two judges. I rejected that position in a letter to Justice Therrien on December 27-2015 insisting that he write a Decision as court collusion is obvious in this matter. Reference to the Quebec Judicial Council and Elizabeth Corte - President on August 01-2015 as to this outrageous dichotomy goes without a response.

19) At this point the 'plot thickens' with the entry of Mtre Catherine Dufour and her duplicitous letter to me dated December 16-2015:

RE: Callow v. Board of School Trustees

       500-09-025753-153 (C.A. Montreal) / 550-17-008208-157

Dear Sir,

We acknowledge receipt of your inscription in Appeal received at the Court of Appeal on November 30, 2015, your letter dated December 14, 2015 and your letter to Lavery, de Billy Motion to dismiss the appeal received on December 15, 2015.

Unfortunately, the documents titled Factum of the Appellant and Book of Authorities attached to your inscription in appeal are not filed in conformity with the Code of Civil Procedure and the Rules of the Court of Appeal of Quebec in Civil Matters. Therefore (my underlining), the Office of the Court will accept the filing of your proceeding as an inscription in appeal only....

 

signed , Mtre Catherine Dufour  Assistant Legal Coordinator

N.B. Similar to Baldwin, Dufour should be dismissed for her duplicity. R.C.

 

20) And were my factum and Book of Authorities returned, as is customary in all courts, for remedy? Nope. Instead, the court colluded with Lavery, de Billy for a 'quick deed' under the questionable 'inscription in appeal' which the court falsely claims was my request and was no doubt created for this purpose. Hence Lavery, de Billy is assigned a docket number denied to me so that his call for a dismissal is based on a non-existent factum from this plaintiff. Denying a negative which is a logical impossibility does not appear to bother the court in Quebec. Of course Lavery, de Billy makes no mention of the 'two judges' controversy in their Order. Until we receive a decision from the Quebec Judicial Council plus the memo notes under disclosure(alleging fraud); this case will have to be placed before 3 selected judges unconcerned about their personal reputation as approved by the 'grey eminence' for the purpose of sanctioning Lavery de Billy's request for dismissal. The delay that I have called for is necessary for a response to my unanswered August 01-2015 letter to Elizabeth Corte-President as well as for the necessary disclosure plaguing this case for 30  years. The Quebec Bar Society has also been notified as to Lavery, de Billy's questionable actions.

 

CONCLUSION

21) As this series has demonstrated, there is no justice in Canadian courts of law for individuals; only judge-made law. The oversight bodies are weaker than the bureaucracies they would seek to oversee. As for politicians? Don't even ask. That is why as of the last Federal Election on October 19-2015 (although Prime Minister J. Trudeau was given an extension to December 31) PLACARD: GLORY BOY / GO BACK TO TEACHING DRAMA (because it is 2016), I pronounced the death of the individual in Canadian democratic society making a mockery of the 1982 Charter of Rights and Freedoms  (PLACARD: WHAT THE FATHER WOULD CREATE / THE SON WOULD DESTROY). With that condemnation went a second one marking the demise of the Canadian media and their boycott of this national issue as now being displaced in credibility by the internet.

22) Of course the cowardly B.C. Teachers could order the Union to provide me with their copy of the missing memo notes.

23) Democracy, Canadian style at least, is a fraud. Expect more riots in the streets as one consequence of authority abuses as individuals can no longer trust to Canadian courts nor government.

 

Yours, in dismay,

 

Roger Callow  Plaintiff  ('The Outlawed Canadian in an outlaw Justice System')

cc West Vancouver School Trustees

QC Bar Society / QC Judicial Council / B.C. Law Society

QC Premier P. Couillard  / SK Premier B. Wall / RCMP

SCofC Hon. Karakatsanis

Office of the P.M. and a future 21st century P.M.