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MAY 2017

A HARBINGER OF THE FUTURE FOR SCHOOL EMPLOYEES

(for that matter, all Canadian individuals)

 

BY: Roger Callow, the 'Outlawed Canadian' employescasecanada.ca  MAY 01-2017

 

1) The current battle by the above plaintiff in a 32 year unresolved legal battle to achieve compensation (includes pension rights) regarding a senior illicit teacher lay-off in West Vancouver, B.C. before over 50 judges plus the Supreme Court of Canada on four unsuccessful attempts to be heard, has now risen to the level of a constitutional question relating to the powers of court oversight over imposed legislation affecting both employers and employees. It is the central most important judicial question in not only Canadian Jurisprudence but in the operation of any democratic country.

2) The unique feature of this case being ubered (see web) gives this litigant an unusual excuse to be heard in courts across Canada; a feature not available to anyone else. That story is not pretty as the Canadian Judiciary has imploded due to judicial chicanery. No one may now trust to a Canadian court of law.

 

The dilemma for teachers

3) For example, Premier Ratchel Notley is rebuffing demands to lay-off nurses and teachers in a province hard-hit with business closures. But how to do it? Trying to respect collective bargaining rights with seniority provisions in an educationally divided province between Public and Catholic School Boards with separate Hutterite interests (mainly rural) along with special qualifications e.g. French Immersion or Technology qualifications make this task a Herculean one without equal. Other provinces have similar divisions.

4) Herein lies the importance of imposed legislation. For example, some provinces centralized salaries in order to avoid contentious and expensive settlement repetitions. The above dilemma exists in a country where the student population has remained static for the past 20 years with an operational increase of 80% - mostly in salaries - is unsustainable.

5) By centralizing employment and, in that process, eliminating seniority provisions (a senior teacher gets twice the salary of a beginning teacher) with individual principals (where the school is not completely closed) are provided with a budget to decide who goes and who stays in their school, is one solution. Some sensitive principals can expect to have a heart attack under these conditions.

6) Perhaps only the feeble-minded Fraser Institute would be happy under these draconian conditions of 'clearing the deadwood out' reducing survivors to jellyfish proportions.

7) You already have a model for this outcome - the media. Many senior columnists  and reporters (including those with Association rights) have been given their 'walking papers' by Postmedia's  CEO Paul Godfrey without a sound as their new 'think tank' connections depend on media exposure. Heaven help that columnist whom decides to break the boycott on the Employee's Case. Bottom Line? An intelligent person will not take up journalism as a career in Canada.

 

The Employee's Case

8) While the above story is the battle for School Districts and Unions, the Employee's Case Canada hits at a different level; namely, the powers of individuals in any court in the land which, currently, are non-existent due to the precedent set by the Employee's Case. (see web)

9) A case in point. Recently, a senior Edmonton teacher was dismissed for insisting '0 means 0' for a student who failed his course. With an imposed piece of legislation such as B.C.'s BILL 35 (1985); that teacher would not even have the right to appeal his case to a court of law. The West Vancouver School District, for example, refuses to recognize court oversight in quashing the original arbitration in 1985 favouring the Board ruling the gerrymandered government arbitrator to be patently unreasonable. In 2014 in Ontario (13-59060 Ottawa Superior Court) the Employer argued that they owed no compensation because, while BILL 35 accommodated such expenses, the arbitrator made no mention of compensation in his Report. While the B.C. courts ruled this matter to be solely a Union matter in order to duck out of this sweetheart deal, the Employer refused to recognize any Union overview. That is the source of my statement regarding the West Vancouver School Board's final solution: namely, If you do not accept what we offer in terms of settlement, you will get nothing at all.

10) Recent teacher demonstrations - the Nova Scotia  teachers public opposition to Premier McNeil - is therefore mere child's play when it comes to dealing with the constitutional question which I am trying to get back before the NS courts (Sept. 23-2017 hearing date? See web). Don't become 'mush' similar to the media types is my message which will surely happen if individuals in all walks of Canadian life do not get behind my action. I can't be more blunt than that.

The 'Outlawed Canadian' in an outlaw Justice System due to systematic judicial malfeasance

 

 

TEACHER LAY-OFF LEGALITIES - A PRIMER FOR MAY 31,2017

 

BY former West Vancouver B.C. Senior Teacher, Roger Callow, illicitly laid off in June of 1985 under the auspices of the imposed BILL 35 in an unresolved  legal case where no compensation (includes pension rights) has been paid. employescasecanada.ca  N.B. The problem of 'imposed' legislation also applies to employers  e.g. SK Premier Wall and the carbon tax

 

1) Without excusing the Employer, the prime culprit in this 32 year debacle is the Justice System before over 50 judges across Canada including 4 inconsequential trips to the Supreme Court of Canada. Technically, I am still an employee of the WV School District albeit an unpaid one due to the unresolved nature of this case.

2) This Newsletter is a warning to any teacher in Canada as to what they, as an individual, should expect to encounter should they seek to challenge a lay-off under contract conditions in 2017 (as opposed to imposed legislation which could be passed for next year).

3) Currently in the Employee's Case, a constitutional question is being raised as to the relationship between imposed legislation and court oversight. As matters currently stand, the Employer does not recognize court oversight; the court argues it is a matter for the Union under collective bargaining procedures but the Employer does not recognize those procedures

This plaintiff does not care which alternative is chosen as compensation is due under any of the three; BILL 35, Court rules of contract, or the collective bargaining rules. Doing nothing was never an option for the courts hence they systematically sacrificed their judicial credibility in this case. Without credibility, you cannot have a justice system = anarchy.

4) For the current year, it is too late for imposed legislation in which you may be given your lay-off notice on the last day of school as per this writer's experience. Hence MAY 31 is the target date for Employers to give notice to laid-off teachers.

5) If you are laid-off, there is nothing I can do (except express my sympathy...been there, done that) so do NOT contact me. DO contact an employment lawyer (small firm)at your own expense ($10,000?)  on June 01 to seek to rescind the lay-off before June 30.

6) In 1985, the Teachers Union talked four School Districts out of using BILL 35 with only the one application left in West Vancouver. Your lawyer should not tolerate delay, be onto the phone to him or her every second day in June. (Amalgamated Districts have unique problems)

7) In general, judges or arbitrators do not like to see their Decisions appealed hence they are expected to side with the 'big guy' who has the most power to Appeal (even if you are represented by a Union). As an individual, expect a grim uphill battle for at least two years. Remember, a court does not necessarily get your job back; rather, the question is one of appropriate compensation.

8) Not only senior teachers with their higher salaries are vulnerable but so are all laid-off teachers to never being recalled. School Boards will hire teachers fresh out of University in order to avoid future recriminations.

9) Not a very uplifting message to be sure, but perhaps this letter can better prepare the laid-off teacher for what you are facing anywhere in Canada.

 

POST IN STAFFROOM

 

OPEN LETTER TO 'GO PUBLIC'-CBC

(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada)

CANADA'S CORRUPTOCRACY - MAY 01 - 2017

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' due to systematic judicial malfeasance employescasecanada.ca (32 year unresolved 'standing case' legal matter in 'illicit' West Vancouver, B.C. senior teacher lay-off in 1985) now known judicially as ‘the cluster-fuck case’ which has been through 15 different court systems and over 50 judges. No compensation has been paid (includes pension rights which are held up as further blackmail  for 10 years now). This series is now re-directed from POTUS  Mr. D. Trump whose statement 'the U.S. Judiciary is the laughing stock of the world' is echoed here in Canada by the Employees Case under B.C.'s imposed BILL 35 which has revealed similar dry-rot in the Canadian Judiciary, particularly as it relates to its moribund oversight bodies including the executive powers of the P.M; now 'Ambassador Trudeau'.  Pulitzer Prize seeking writer is sought in this one-of-a-kind 'uber' story (external attack from an unexpected source) of the century.  This current challenge is to this Employer precedent setting theme from the Employee's Case: 'If you do not accept what we offer in compensation for lay-off; you will get nothing at all' (The WV School Trustee's 'Final Solution'); a position supported by over 50 judges (including the Supreme Court of Canada on 4 occasions and sanctioned by an indolent Prime Minister. Today's  Newsletter examines why any threat to imposed legislation must be rooted out at the source by the authorities even if leads to a sacrifice of the entire Canadian Justice System which it already has done. But try and read that story in the anti-employee media or muzzled politicians.

WHY IMPOSED LEGISLATION MUST TAKE PREDOMINANCE

1) First of all, the union leaders are terrified of this case; particularly as it relates to my Legal Advice to Laid-Off Teachers on MAY 31. How so? I merely address the plight of those teachers so laid-off. Under these circumstances, however, the Union leaders have a difficult sell rationalizing the Employee's Case by telling the rank and file of other teachers...'Just be glad that you aren't being laid off.' As to no compensation for this target? 'Easy, if only the teachers would trust to the Union to effect the best settlement, you will not go without any compensation.' These leaders are like the 'rich Jews' whom kept lists which the Nazis later put to such effective use in deporting Jews to their final destination.

2) First, last and foremost, the Union leaders do not want expensive arbitrations...someone has to go so why not the one 'with a spot beside his or her name'. Arbitrators and judges, realizing that the success of one employee forces the lay-off of a second, third, etc. until the appropriate employee is selected, are highly unlikely - no matter what the circumstances - to find in favour of an employee contesting a dismissal. That's the story of the Employee's Case.

3)' I remember it well,' a laid-off senior wild-life biologist told me, 'when, on a sunny June Day in 1992, I arrived for work in Ottawa only to be met at the door by a clerk sitting at a desk with a list under the supervision of security guards. Our names were crossed off and we were directed to either the right or left...just like Auschwitz' he said. His side were given termination notices; the other side retained their jobs. 'What about my seniority' , he questioned the Union representative receiving no definitive answer. He learned later that two laid-off candidates hired their own personal lawyer and were quietly paid-off with a few more years salary.

 

Historical  examples

4) In the early 1980's Britain was broke. Prime Minister Margaret Thatcher broke the back of the Unions by sending the troops onto the docks to unload the ships under imposed legislation. The residual powers lay with her.

5) In 2017, President Trump could not impose his will in such as immigration due to the fact that the residual powers lie at the state level. It is a central reason why the U.S. had a civil war in the 1860's.

6) P.M. Trudeau, similar to Britain, imposed a carbon tax and health measures much to the chagrin of the premiers. Hence my constitutional question with regards to the oversight powers of the court on imposed legislation is at the heart of government operation for both employers and employees such as myself. The anti-employee media talk around the problem but this case is at the core of our democratic operation. To date, the courts and politicians have failed miserably with no antidote in sight. Similar to China, we have courts of law but no justice. We are like the Roman Empire just before the generals took over.

 

Education

7) The root problem of education is differential salaries with senior teachers getting twice the salary of beginning teachers due to the arrangement of the early 1960's (I graduated with high school teaching qualifications in 1964). Because it was hard to attract teachers, senior teachers were promised more for remaining in the profession if junior teachers took less.

8) Since 2000, the universities have been graduating teachers for which there are no jobs unless it is in French Immersion (which requires the lay-off of English teachers to accommodate the new demand). It was also an effective lever against possible school strikes.

9) Outside of immigration in larger centers, the school population has remained static for the last 20 years and yet the cost of operation of the schools has risen 80% largely due to salaries. For reasons enunciated above, the kind of changes demanded require imposed legislation which, while too late for this year, will inevitably kick in next year. No way do the authorities want any challenge to imposed legislation with court overview powers. (Recent collapse of governments in Nova Scotia and Prince Edward Island on top of the 'failed states' of Quebec  and Saskatchewan make that point eminently clear.) The Employees Case of 1985 is a dry run for imposed legislation in Canada with Ontario hit in 2013 and Nova Scotia hit in 2016. However, the Employee's Case is the only extant legal case in which the West Vancouver School Board Employer denies any court or union oversight in this unresolved issue where no compensation has been paid.

10) In 1999, the Ottawa-Carleton School Boards combined with a new seniority list. There was no contention as teacher lay-offs were not an issue at that time. Today the story is very different where closing schools and transporting students to neighboring School Districts is not a problem for the students but a major problem for teachers being pitted against each other for jobs. Only hotly debated imposed legislation can effect that transition.

11) In the early 1970's, we had a declining student population in West Vancouver (N.B. There was no decline in student numbers in 1985 when I was laid-off). An alarmed principal near retirement was frightened when he told us that giving teachers their preferred assignment was a luxury in light of looming lay-offs. Fortunately, none occurred, although a beginning English teacher had to teach P.E. in order to retain employment. Generally, you can't take a Social Sciences teacher and place her with a senior physics position creating more bedlam regarding lay-offs. Nor can you send anyone without specific training into Design and Technology. The logistics, for lay-off, according to contract, are therefore horrific.

12) So what are the rank and file of teachers across Canada left with? Reread my Legal Advice to Laid-Off teachers appearing at the beginning of MAY 2017 on employescasecanada.ca  If employees at large do not support my constitutional question bid; any employee so afflicted will have to battle the matter on his or her own with this difference; they will not have access to ubering without which the case I have made above would not be possible.

 

OPEN LETTER TO 'GO PUBLIC'-CBC

(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada)

CANADA'S CORRUPTOCRACY - MAY 07 - 2017

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the

 Employee's Case (Canada) employescasecanada.ca

BY: Roger Callow ‘The Outlawed Canadian’ in an 'Outlaw Justice System' due to systematic judicial malfeasance (32 year unresolved 'standing case' legal matter in 'illicit' West Vancouver, B.C. senior teacher lay-off in 1985 under the imposed BILL 35) now known judicially as ‘the cluster-fuck case’ which has been through 15 different court systems and over 50 judges. No compensation has been paid (includes pension rights which are held up as further blackmail  for 10 years now). This current challenge is to this Employer precedent setting theme from the Employee's Case: 'If you do not accept what we offer in compensation for lay-off; you will get nothing at all' (The WV School Trustee's 'Final Solution'); a position supported by over 50 judges (including the Supreme Court of Canada on 4 occasions and sanctioned by an indolent Prime Minister.

WHAT THE CHIEF JUSTICES WILL NOT TELL THE PUBLIC

QUOTE: Taking a stand for patient's rights' and healthcare choice Ottawa Sun May 01-2017 p.17 Howard Anglin Canadian Constitution Foundation I had never heard of this B.C. case in question but it could just have easily been the Employee's Case dilemma:  "The most advanced justice system in the world is a failure if it does not provide accessible justice to the people it is meant to serve." That was Chief Justice Beverley McLachlin speaking last year. Now a landmark case in B.C. is showing just how empty the promise of access to justice can be if the government is determined to block it...Decades of inaction have showed that governments won't undertake real reforms...It will take patients standing up for themselves in court and asserting their constitutional rights to force change. But what good are our rights, if governments make it all-but impossible to enforce them?'

 PLACARD: IMPEACH SCOFC BEVERLEY MCLACHLIN (and suspend her pension before she retires this year).

 

MESSAGE:

1) And what is the constitutional question that the courts would thwart? The all important relationship between imposed legislation and court oversight. Consider this Affidavit:

AFFIDAVIT of FACTS

I, Roger Callow of the City of Ottawa, in the Province of Ontario, swear and affirm the following is true:

1. I turned 65 on August 24, 2006, which brought into play my pension rights;

4. Because I was a tenured teacher, my employment could only be determined by a proper legal process;

5. In my case the validity of the termination has never been determined. Technically although I was unable to work and was not paid, I remained a teacher under the employment of the Board;

6.I require that a proper termination date be determined in order to provide me with appropriate compensation which would include pensionable service benefits;

9. This current action is limited to a determination of  the constitutionality of British Columbia's BILL 35 (School Amendment Act) as a first step in acquiring compensation in other courts, hopefully British Columbia courts if an outside agreement cannot be reached.

 

______________________(signed) Roger Callow - Appellant  MAY-01-2017

 

 

MAY 07                       JORDAN DECISION limiting time for criminal cases to be brought to trial

MESSAGE:

1) The legal fraternity and Justice System should be very thankful that I am not the Minister of Justice. One example regarding the 'overcrowding' at the local jail where inmates sleep on a mattress on the floor or in the shower room or in isolation cells follows: while not a panacea, nonetheless, the problem is accentuated with 'weekenders' who voluntarily turn up to fulfill their sentence requirements. RESPONSE: Considering that the weekenders turn up of their own volition; they can be housed elsewhere in a camp with no bars. Only if they break the rules would they be transferred to a lock-up.

2) While the 32 year unresolved Employee's Case is a civil matter, much could be applicable to the criminal justice system. At root cause of the delays is legal billable time nonsense abetted by 500 word useless 'Book of Authorities' given only tangential reference in court to justify its existence. Judges rarely read beyond the Statement of Claim and applicable laws. Keep these references at the Supreme Court of Canada but eliminate precedent law in the lower courts as the law terms are sufficient to deal with matters at the lower courts.

3) The Employee's Case took up 11 arbitration days in 1985-6 of which the union argument took 1/2 hour. That argument is central to the Constitutional question being raised in courts outside of B.C. from which I was expelled in 2013 'for reasons best known to the judge' (Cullen Creed). The Union position was that the imposed BILL 35 'was in addition to' the Schools Act and did not in any way displace any part of it  i.e. Bill 35's purpose was to provide for teacher lay-off provisions for economic reasons only. The plateau test to which both parties agreed was that a need to lay-off any teacher had to be passed. An honest arbitrator (which Louis Lindholm was not as attested to by being labeled patently unreasonable when the court later quashed his Order) would have established at the outset as to the 'in addition to' feature so that we would not have an Employer refusing to recognize court oversight for 32 years (although I blame over 50 judges including 4 inconsequential trips to the Supreme Court of Canada = anarchy).

4) Establishing the constitutional challenge would have taken about 2 hours. Next, the honest arbitrator would demand the Employer to present his figures for the need for teacher lay-off which, in this case showed an increase of 16 positions, any number of which this target could have fulfilled. In short, how did this targeted teacher have a full slate of courses to teach in September in late June only to have that assignment disappear overnight? (Lindholm converted the 16 new hires into 16 lay-offs with myself as the necessary 17th.) At most that would have taken up 2 days total...if the arbitrator had been honest....

5) Over 50 judges across Canada haven't been so honest either in this bid to cover-up for 'one of their own' whom should never have been sanctioned including by B.C. Supreme Court Justice Mary Southin in 1986 whom wanted to remit this matter back to Lindholm after condemning him. If he got one thing right in his life, it was his leave taking of it shortly after leaving, in law, a frustrated legal matter by which litigants are not to be held responsible for glitches in the law.

6) As I am not from the legal fraternity, I make a point of limiting all my hearings to one hour. Everything that needs to be accomplished can be accomplished in that time frame if judges, lawyers and myself co-operate. Eliminate the individual in that composition and everything goes haywire. But include the individual acting on his or her own with legal advice, and the legal profession starves.

 

LETTER TO the new B.C. PREMIER - MAY 10-2017

FROM: The Outlawed Canadian in an outlaw justice System due to systematic Judicial malfeasance  employescasecanada.ca

MESSAGE:

1) It matters little to me which political party forms the current B.C. government as the unresolved legal matter of the illicit lay-off in 1985 of senior West Vancouver teacher, Roger Callow, has experienced nothing but silence beneath parties of all political stripes. No compensation has been paid contrary to the imposed  Bill 35, or the collective bargaining agreement or the general terms of contract due to court malfeasance.

2) The latest salvo in this battle relates to the debacle of Nova Scotia courts on April 6-2017 under Justice Suzanne Hood NS458698 whose ill-considered action not only undermined the Justice System of Nova Scotia regarding NS teacher lay-off but for all individuals (includes those represented by Unions) across Canada. What she would seek to bury was the 'case-neutral' constitutional question regarding the oversight powers of our courts of law regarding imposed legislation.

3) Currently the B.C. Employer refuses to recognize court oversight which in 1986 quashed the arbitration ruling, as it did, the arbitrator to be patently unreasonable. I was left in limbo which has lasted 32 years from the time of initial lay-off. The extant precedent of the West Vancouver School Trustee's Final Solution? 'If you do not accept what we offer in settlement, you will get nothing at all'. This issue was conspicuous by its absence in all court documents.

4) Over 50 judges including 4 inconsequential trips to the Supreme Court of Canada did not see fit to provide disclosure (notes of School Board meetings in June of 1985) which most assuredly would show fraud from whence any action stemming from such fraud would be null and void. Hence the courts are acting as an agent for the Employer in this case.

5) The Union copy of that disclosure should have been in my hands, not the Union, which refuses to divulge that record. Every year that passes since 1985, another BCTF President commits to that lie and yet the rank and file of teachers have not seen fit to replace their Union with a non-teacher one.

6) May 31 is notification time for teacher lay-off under normal regulations. Given that a lay-off must be made, the Union leaders interest lies in avoiding expensive arbitrations. For the individual lay-off candidate, his or her interest lies in getting an 'honest broker' in the Justice System. Even if represented by the Union, that is not likely to happen as the success of one lay-off victim forces a second lay-off and possibly more in order to get the right target. Arbitrators and judges as seen through the Employee's Case are not neutral under those circumstances.

7) My advice to laid-off teachers? Pay for a labour lawyer out of your own pocket immediately on dismissal to maximize your buy-out provisions. (Do not contact me as I cannot assist you.)

8) As for the Premier, all individuals should have confidence in the instruments of Justice. In that regard, publicizing your position by June 15 vis a vis the Employee's Case is all important; otherwise do not take the oath of office from the May 09 election.

 

POST IN STAFFROOM

 

U.S.-Canadian Softwood timber dispute - May 10

    As long as I can remember (1950's), the dispute between Canada and the U.S. related to two different methods of producing softwood. (Canada currently supplies 70% of the U.S. market which the U.S. is unable to cover although new growing techniques in Georgia produce trees in half the time of colder Canada) In Canada, the government owns the land and leases the logging rights under 'stumpage fees' which the U.S. claims are 'too low'. The private operators in the States own their lots and are responsible for reforesting. For a long time, northern Vancouver Island was 'clear cut' with no reforesting which now the B.C. government does which presumably is reflected in higher stumpage fees. The U.S. system can be rapacious. For example, a hedge fund blew into California buying up acres of Redwoods rights and clear-cutting after which they blew town with the profits leaving California with the devastation of a bankrupt entity. It is an ongoing contest of wills which the Canadian and provincial governments appear to have been caught 'napping' by Mr. Trump whom is not really helping a very difficult situation in the first place...but that is becoming his record.

 

Charter Schools - MAY 11-2017

MESSAGE:

1) The love affair that such as the right wing Fraser Institute has for charter schools almost borders on the obscene. Reducing everything to a dollar figure usually does.

2) In favour of the charter schools is that with enrolment figures stagnant for the past 20 years, how do we sustain an 80% increase in operating costs?

3) However, a closer look at charter schools is required before leaping to the Fraser Institute conclusions:

a) most private schools in Canada function on this model and are for the elite. They do not accept students with disciplinary problems.

b) charter schools can get up to 70% government support providing they accept disciplinary cases which explains in large measure why private schools avoid government subsidies.

c) a teacher from Philadelphia told me that the city was unionized but not the surrounding area. In brief, while rural areas pay minimum salary, the conditions of work are oftentimes abysmal with colleges and employers not accepting their graduates. Lack of funding means these schools go without repairs or necessary equipment.

d) Canadian teachers are well paid throughout Canada as the private schools must match the public in order to attract talent. Religious Charter Schools are an exception.

e) In this age of declining enrolment, School Boards would like to lay off senior teachers whom receive twice the salary as beginning teachers. Senior teachers are unemployable in the profession under these circumstances; along with others, I can vouch for that.

f) In the early 1970's, the West Vancouver School District was faced with declining enrolment and consequent school closures. The Trustees proposed that senior teachers accept less in order that beginning teachers would keep their jobs. Considering that the District was loaded with senior teachers, that argument fell flat with the teachers.

g) For the next couple of years across Canada, schools will close, particularly in rural areas. Charter schools would enable some of these areas to survive presuming, of course, that only beginning teachers would be hired. The situation would not be unlike 'rural Philadelphia'

h) The School Board direction is to close rural schools and transport the students to other more populous areas. Other than distance, a major problem exists for teacher transference. For example, Ottawa and Carleton School Districts amalgamated in 1999 with the creation of a new combined seniority list. No problem then. Big problem now as teachers compete for a diminishing number of jobs.

i) The Spirit River, SK Catholic School closure is a case in point. That school took in other than Catholics in that community but is now refusing to take in any non-Catholics in their bid to retain the school in their community. They won their case in court, presumably under Section 93 of the Constitution which gives Catholics protection. They were able to show that their new school would be limited to Catholics creating great grief for the Brad Wall government whom has threatened to use the 'notwithstanding clause' to over-rule the court. My experience has taught me that he could win in SK only to be defeated at the Supreme Court of Canada level as both courts - according to my case experience - are heavily biased. The RC Board is able to protect teacher jobs in Spirit River with the current court decision.

4) Conclusion: Rural public charter schools only buy time at the expense of becoming ghetto schools.

 

 

OPEN LETTER TO 'GO PUBLIC'-CBC

(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada)

CANADA'S CORRUPTOCRACY - MAY 14 - 2017

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the

Employee's Case (Canada) employescasecanada.ca

BY: Roger Callow ‘The Outlawed Canadian’ in an 'Outlaw Justice System' due to systematic judicial malfeasance (32 year unresolved 'standing case' legal matter in 'illicit' West Vancouver, B.C. senior teacher lay-off in 1985 under the imposed BILL 35) now known judicially as ‘the cluster-fuck case’ which has been through 15 different court systems and over 50 judges. No compensation has been paid (includes pension rights which are held up as further blackmail  for 10 years now). This current challenge is to this Employer precedent setting theme from the Employee's Case: 'If you do not accept what we offer in compensation for lay-off; you will get nothing at all' (The WV School Trustee's 'Final Solution'); a position supported by over 50 judges (including the Supreme Court of Canada on 4 occasions and sanctioned by an indolent P. M.

ISSUES - and obfuscation thereto

QUOTES:

A) Kindness and lies are worth a thousand truths

B) '...Show me where it says, in the Bible, 'Purgatory'. Show me where it says relics, monks, nuns. Show me where it says 'Pope' Wolf Hall Hilary Mantel

C) Show me in the constitution where it makes any reference to the existence of political parties or 'income tax' (temporary measure to pay WWI war debts).

D) CBC Employee, Jian Ghomeshi, was fired for no given reason (circumvent Union regulations).

E) Rabbitship Down  Richard Adams  In one episode, our heroes visit the Shangri-la land of the 'fat cat rabbits' whom never asked the question 'where'...to where had one of their members disappeared. You see, Farmer Brown was too cheap to keep his own hutch rabbits for food purposes, so what he did was to leave garden fodder just outside the gate for wild rabbits. The quid pro quo was that while Farmer Brown got his eating rabbit, the rest of the group rationalized the matter by never asking the question as to where an individual rabbit disappeared. We are told that our heroes departed this colony due to uneasy feelings...something not quite right....

 

MESSAGE:

1) Quote A) typifies politicians PLACARD: POLITICIANS / DON'T TALK TO THEM...besides, it only encourages them

2) Historically, the above theme is best defined by Plato's 'shadows on a wall' which is all we see of the underlying reality. Political correctness triumphs truth as it were. For example, the 'isms' - nationalism, imperialism, authoritarianism - are all encapsulated in our school texts designed to create 'good little bureaucrats'. Students are admonished to keep their noses to the grindstone for rewards as there is the disincentive of a world of hurt for 'underachievers'.

3) And how are these politically correct messages delivered? Let's take a few examples from Canadian history: a) In the 1840's, Lord Elgin, charged with investigating the 1837 Rebellions in Upper and Lower Canada, recommended 'Responsible Government' as a solution anti-dote: He never used the term. b) Lord Durham came to Canada expecting to find a problem with government structure but what he found was 'two nations warring within the single bosom of the state' anti-dote: He  made that statement on the ship headed to Canada. c) Lord Durham read about his firing by Britain in a NY newspaper for his untoward actions  anti-dote: ...but Britain kept his answer made under difficult conditions and transferred him to China where, with the French, in the Opium Wars, they forced the Chinese Emperor to accept opium as a trade item. There is no mention of the word 'opium' in that settlement. So, boys and girls, what did you learn in school today? Mind you, if the Superintendent of West Vancouver Schools was to be believed, it wasn't so much the students as their affluent  bureaucratic parents that I scared the hell out of.

Employee's Case

4) So what is the bureaucratic 'issue' which the Justice System would bury in shadows with over 50 judges and 15 separate courts across Canada including 4 inconsequential appeals to the Supreme Court of Canada (SCofC)?  Canada imploded in 2004 with the second SCofC appeal under 'ultimate remedy' as no compensation has ever been paid in this 1985 senior teacher lay-off. This targeted employee was to be enshrined in a permanent state of limbo in defiance of a basic concept of law. There must be a judgment; the presiding justice cannot just pick up the legal ball and go home but that is what happened...which is happening throughout the system as an excellent letter from the Canadian Constitutional Federation would attest (I am surprised that the ant-employee media would print it) SEE APRIL 07 CBC-Go Public  We have been a Third World country ever since 2004...a shadow on the wall indeed.

5) The Employer was successful before a gerrymandered government arbitrator in 1985 under the imposed BILL 35 used only against this targeted employee before it was withdrawn in this unresolved case (banana republic justice). No compensation has ever been paid.

6) 'Oh, but it was resolved', claimed the Employer as BILL 35 is final and not subject to court overview. The fact that the arbitrator failed to assign compensation merely means that this particular employee goes without...besides we made a generous offer of settlement (which kept the courts off their back). That Employer argument was enunciated before B.C. Supreme Court's Justice Mary Southin whom quashed the arbitration ruling, as she did, the arbitrator to be patently unreasonable (he had converted 16 new hires to read 16 lay-offs with this writer being the necessary 17th) No causal relationship was shown, Southin j. maintained. I was left in limbo.

7) The Employer argued the exclusivity of BILL 35 before Justice Southin and the following Appeal by the Board which was rejected. They also argued that point in 1995 before Justice Spencer in B.C. Supreme Court and the B.C. Labour Board along with an action launched in Ontario 13-59060 McKinnon j. April 23-2014 (and an astounding Sept. 15-2014 second Decision which did not reference the first). My point? No mention is made in any of those four bodies as to this central argument made by the Employer.

8) Hence the Judiciary have to maintain their shadow of lies which explains why every judicial stunt imaginable must be pulled to derail the constitutional question regarding imposed legislation and court oversight. The other shadows on the wall, the Prime Minister (and all politicians for that matter) plus the boycott of the anti-employee (now 'anti-individual') are brought into stark relief. Whom will geld this sacred cow?

9) Over to you, Mr. Trump, as the one authority in North America capable of asking key questions behind 'the shadows'.  How about it?  The fourteenth colony needs your help as Canadians no longer wish to ask the question 'where'.

 

OPEN LETTER TO 'GO PUBLIC'-CBC

(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada)

CANADA'S CORRUPTOCRACY - MAY 21 - 2017

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

BY: Roger Callow ‘The Outlawed Canadian’ in an 'Outlaw Justice System' due to systematic judicial malfeasance (32 year unresolved 'standing case' legal matter in 'illicit' West Vancouver, B.C. senior teacher lay-off in 1985 under the imposed BILL 35) now known judicially as ‘the cluster-fuck case’ which has been through 15 different court systems and over 50 judges. No compensation has been paid (includes pension rights which are held up as further blackmail  for 10 years now). The current challenge is to this Employer precedent setting theme from the Employee's Case: 'If you do not accept what we offer in compensation for lay-off; you will get nothing at all' (The WV School Trustee's 'Final Solution'); a position supported by over 50 judges (including the Supreme Court of Canada on 4 occasions and sanctioned by an indolent P. M. Trudeau) PLACARD: POLITICIANS GO FROM CRISIS TO CRISIS RESOLVING NONE

ARMAGEDDON

MESSAGE:

1) A day doesn't go by that there is much commentary in the Canadian media about the 'whack job' running the U.S. but not a peep out of that self-same media as to the whack job which controls our Justice System euphemistically labeled  by me as 'the grey eminence' (Old Boys Club)

2) Canadian media types are so busy looking over their shoulder these days that they have become the castle eunuchs of their time. They studiously ignore this story of the century.

3) Not to be outdone are the politicians where, unless it produces votes or campaign funds, an issue falling in the middle of their forest where there is no-one to hear it, doesn't make a sound. That's the public world that Canadians live in.

4) Through a technique that I have labeled 'ubering' (an external attack from an unexpected source) the Employee's Case has exposed a corrupt Justice System extending across Canada including our Supreme Court of Canada. That situation was based on a 2013 B.C. judge's decision (for reasons best known to himself - 'Cullen Creed') to expel this targeted litigant from the province in an unresolved legal case creating untold misery in a number of other provinces where decisions are being played off against each other to the detriment of the entire judicial politic.

5) Before the Employee's Case, all other cases followed a unitary approach of lower court, appeal court and, if the Supreme Court of Canada permitted in civil cases, their purview of events. In the latter case, if a litigant was rejected, he or she was left with a lower court decision. There is no lower court decision in the Employee's Case. In the vernacular, the judges in this case have taken their ball and gone home before the matter has been played out.

6) Added to the sacrifice of habeas corpus has been the sacrifice of disclosure in this case; two key concepts in law which, along with precedent law, form the basis of our legal system. In short, all evidence points to a massive conspiracy to turn this case on its head in the cover-up story of the century. Disclosure - regularly denied - would provide evidence of a fraud from which everything emanating from that legal action would be null and void.

7) An unsavoury feature of our legal system which, as the targeted litigant I have experienced repeatedly, comes under the heading of 'the error of omission'. Witnesses are exhorted to 'tell the truth, the whole truth, and nothing but the truth'. Where is that admonishment for judges?

8) The above feature in the Employee's Case is illustrated by the Employer in this case refusing to recognize court oversight which quashed the arbitration ruling, in that process, the arbitrator to be patently unreasonable. I have been kept in limbo for 32 years as a consequence. The Employer made that case in 1986 and on Appeal which they lost. They also made that central argument in 1995, when I returned to court and in 2014 (13-59060 Ottawa Superior Court McKinnon j where I was the Defendant). My point? Nowhere in any of those four judgments is there any mention of this main issue as the courts sought to 'vaporize' the issue which played through courts in QC and SK with SCofC appeals 36883 (QC) and 36993 (SK) refusing a hearing in 2016 by the same 3 judges. The Office of the PMO was called in to deal with rampant fraud in both cases. There has been no response from Justin Trudeau.

9) The crowning touch on this government conspiracy was enacted on April 6-2017 in Nova Scotia NS 458698 Suzanne Hood j. whom, in her cleverness, did not make any reference to the bogus 'surety' requested by the Employer depending, instead, in allotting funds to the Employer for 'expenses' undefined in the Order or in law in general. The Employer made no challenge to the constitutional question asked. In short, while the provinces of QC and SK committed to this conspiracy outlined above through avoidance, they did not take the precipitate step which Hood j. took in committing the NS judicial system to supporting this conspiracy. Not only NS but all of Canada is at a loss for her specious action.

10) Hood's action is reflective of a statement that I made at the time of the last Federal election in which the 'individual' has no recognition in Canada as one consequence of this case. Such as the Charter of Rights and Freedoms (1982) are now little more than a bad joke. In that regard, due to our constitutional make-up, Trudeau is more of a whack job than Trump.

11) Further, individuals must not expect to be dealt with fairly before our courts of law and a number of media articles reinforce that thinking such as from the Canadian Constitutional Federation which I quote in the May 07-2017 Newsletter regarding court access . Indeed, Prince Edward Island has amply demonstrated that problem as enunciated elsewhere on this web site for which I called on the Federal Justice Minister to invoke a trusteeship over PEI and their Premier & Chief Justice, Wade MacLauchlan. As usual there is no response.

12) Hence Canadians at large do not have what they should have for a well-ordered society; a fair and equitable Justice System which is seen to be undermined by Chief Justices with their carefully selected appointees. Oversight bodies, in that latter regard, are dysfunctional in more than just the Judiciary (there are many complaints against other government bureaucracies as well) leaving Canada on a par with the decline of the Roman Empire just before the generals took over. One can only wonder what Donald Trump would do under these circumstances.

13) To be sure, the Employee's Case Canada is not the only legal abuse story, it is merely the worst case example of what has happened to Canada amid  'the silence of the lambs' - teachers, politicians, the legal fraternity, the media and anyone familiar with this case -... and that will never do....

14) This whole matter described above can expect to blow up with the lay-off of teachers across Canada due to declining enrolment either this year or next. I have advised all laid-off teachers NOT to contact me as I cannot help them. Rather hire your own lawyer paid out of your own pocket the day after you are laid off. He will have access to the all important seniority lists which the Union, to be sure, will not willingly oblige you on that account.