imposed BILL 35 (B.C. 1985) employeescasecanada.ca
MAJOR GAME CHANGER
Unlike the disgraceful BC Teachers Federation, Ontario's CUPE fought and won their case recently based on Charter Rights against the
imposed BILL 115 (2012) winning $56 million for their education employees. In short, contrary to the West Vancouver School Trustee
position with the imposed BILL 35 (1985) that they did not recognize court oversight, the ON court decided otherwise. B.C. Teachers
can only regain face by placing all B.C. School Districts 'into dispute' until the Employee's Case is finalized. It goes without saying, of
course, that they should drop the disgraced BCTF and join another Union such as CUPE. SEE CUPE 2017 for details
POST IN STAFFROOM (B.C. SCHOOLS)
OPEN LETTER TO 'GO PUBLIC'-CBC
(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada) Tories A. Scheer and NDP are MIA in that regard.
CANADA'S CORRUPTOCRACY - OCTOBER 01 - 2017
JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada) employeescasecanada.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)
Quote: A)..."But you killed eleven people today...Are you outside the law? What about congressional oversight?" (PLACARD: THERE ARE NO OVERSIGHT BODIES RC) She smiled. "Our ties to Uncle Sam are mostly theoretical. My superior cares only about results. If we don't make headlines, we do as we please. Besides, I (Supreme Court of Canada Chief Justice Beverley McLachlin PLACARD: IMPEACH SCofC B. MCLACHLIN RC) control all communications (includes anti-employee media RC) with the outside, so who's going to know?" Burning Bright Nick Petrie
B) '...Large institutions, both public and private, operate with few controls in a fast-changing environment. For some reason, I don't find this entirely comforting' Ibid
C) 'What needst we fear it, when none can call us to account?' Lady MacBeth
TO BE, OR NOT TO BE, ...A JUSTICE SYSTEM
1) A colleague (1985) 'How long do you thing this case will take?' My response: '3 months...3 years...30 years (now 32 years)...what difference does it make; I'm not going anywhere. Further, I am already flat on my back on the ground from their actions...the only way is up.' What I did not count on is that 32 years later, I am still flat on the ground with this difference; the whole edifice of the Canadian Justice System has crumbled on top of me ...I feel like a Mexican earthquake victim!
2) 'He's OK as a teacher; just a bit sticky with the rules' K.R. High School teacher, Ken Raison, dismissed in 1978 from West Vancouver Secondary School for 'incompetence'; the only teacher ever so dismissed in B.C. (SEE web Origins) Raison was described to me by a colleague as a teacher of 'above average intelligence'. Jim Carter was the principal and 'young' (youngest Superintendent (S.)in B.C.) Ed Carlin was the S.; also in 1985 with my 'lay-off' under the imposed BILL 35 where Jim Carter was the Deputy Minister of Education in Victoria. Carlin was dismissed in 1986 never to serve in the public education field again.
3) 'O' toleration ...when one set of rules doesn't work so a second set of rules is instituted = doesn't work either. e.g. Due to student referee concerns about player abuse of their calls (only the coach and captain may address the referee); I deferred one year to a senior student volleyball coach and sat across the floor so as not to upstage her. While I could not hear, I witnessed the one player approach the experienced referee and call him out on a decision. He complained to me. I reported the matter to the P.E. coordinator as we were told to do amid the student's protestations that 'there was just a misunderstanding'. That was the last that I heard of it until - and this is what separates me from others - I followed the matter up by asking for the outcome from the coordinator whom later became a principal. 'Oh, there were extenuating circumstances and we felt the student had suffered enough already.' When I began teaching in 1964, the administration always got back to us either in person or by note inviting us to reply if further action on a disciplinary problem was required...and yes, we had a detention system and the strap (removed from B.C. Schools in 1972). I retired from Supply Teaching in 2004 in Ottawa and, as a generalization, teachers today 'a bit sticky with the rules' pay a high price such as the senior Edmonton teacher whom was fired for insisting that 'O meant O' as a mark.
4) Unions All teachers in Canada are unionized. I Supply Taught in all High Schools in the Ottawa area including ones of lower economic neighborhoods which were always assigned top administrators. Compare that situation with the U.S. where some big city schools are unionized but rural ones are not explaining the young student asking President Obama during his campaign for the Presidency: 'How do I get into a good school?' This elitist man claimed that he would like to see every student have an opportunity to get into a good school without realizing what he was going to do with the 'bad school'. On our many cruises in the Caribbean, I used to quiz U.S. teachers when I came across them as to what was the biggest concern in U.S. schools today? Their answers related to violence in the schools (unknown for the most part in Canada) although in 2014, a L.A. Teacher said 'the administration'...'they don't know what they are doing'.
5) Teacher Seniority is a major topic in the Employee's Case and promises to break the back of the Union as one consequence of this case. Significance? A financially strapped School District (all of them in Canada) can replace one senior teacher with two beginning teachers giving the taxpayers a major breathing space. It would, however, kill the profession as no-one - at least anyone in their right mind - would take a job only to be let out when approaching 50 when family expenses are heavy and there is little likelihood of being re-employed in the same profession. I expect movement in this regard next June; particularly in the hard hit oil province of Alberta. For the Union, they do not want court cases considering their meagre funds hence - as happened to me - they indulge in the sweetheart deal which is why I claim any employee so afflicted should hire his or her own legal counsel ($10,000?) to doubletrack the Union lawyer.
6) Street Heat Recently my PLACARDS seen regularly around downtown Ottawa (13 years and counting) are getting a favourable response after being ignored for over a decade. 'Will a change of government make any difference?' was one question (the approach used by the anti-employee media which has a publicity ban on this national story without equal). 'Not really', I responded, 'this case has been before politicians of every political stripe and still goes without a remedy'. PLACARD: BE ETHICAL...DON'T VOTE The point I make in this regard is that P.M. Justin Trudeau is a disaster with this file and should step down in his failure to exert executive control. No incumbent politician, I am quick to add, has a right to replace him. That is why this case is nihilistic.
7) Manitoba While the case lodged in Nova Scotia seeks to establish the relationship of the government and courts vis a vis imposed powers which is the single most important civil legal question in Canada today, it is the one being laid in Manitoba which heralds the future direction of the Canadian Judiciary. In the MB case, I request a $1 settlement (to qualify as a court case) with a request for an apology from the authorities however that may be defined. That action is modeled on the apology and $10 million settlement recently given to a convicted child war criminal.
8) Law of Omission / Commission Regrettably, the history of law cases shows that the 'error of omission' (habeas corpus in law with its rules of 'disclosure') is so badly abused that precedent law currently has little meaning. The rule of commission is different as illustrated by NS Justice, Suzanne Hood 458698 April 2017 whom inextricably wedded court interests to that of the Employer, a first in this 32 year legal struggle. No-one can trust any longer to a Canadian court of law. (SEE web for details.)
9) TRUMP vs CALLOW . President Trump is brash as evidenced by this non-combatant's 'calling out' the war record of the ailing Republican, John McCain. Compare that with my calling out of North Shore News columnist, former commando Doug Collins, who did me much damage in the press in 1985 (fairly standard treatment as seen by the media attack on Senator Duffy whom was exonerated) SEE web Red Neck Media. The introspective question I raised was...'Does anyone know what side Doug Collins fought on? Does Doug Collins? 1950's presidential candidate Adlai Stevenson's comment to his aide praising him after a speech, comes to mind... 'Why, Senator, after that speech, every thinking American will vote for you!' "Yes, but I need a majority." Mr. Trump and I are of the same generation although I have a few years on him. Our personal focus is maintaining good health. While there is a wide difference in our financial fortunes, neither one of us needs more money. Key difference? I have had a 32 year 'learning curve' while Trump would appear to compress his curve into a fraction of that time... talk about a fast learner ...and the whole world is doing just that.... As to my own proclivities; one former client and Union steward (driving the handicapped) whom knows nothing of this case put it this way: 'You don't say much but when you do...sheesh! A highly capable but sociopathic sales manager told me: 'I don't know how you think although you're intelligent (I pale beside my deceased sister's 142 I.Q.) ... I do not know where you belong.' (how about the comic pages with this difference; I live what those others would write and draw about.) Trump's associations are not with the hoi polloi while the enjoyment of my business life was based on meeting people whom give 'full measure'; Prince Harry coming to mind in that respect although I have never met him. In short, Trump is a talker while I am not. Further, I consider myself a reader (of well-written material). No-one has the corner of that market as it is available to all.
10) Korea Notice that I did not say 'North' or 'South'. Indeed, the seemingly innocuous statement from S. Korea is that they look forward to a united Korea (sans 'Rocket Boy' of course) which terrifies China. Shortly there is to be a struggle between 'Xi' , their current leader whom possibly has visions of becoming a new 'Mao' (the biggest mass murderer in history d. 1976) and the 'old guard' with a closer connection to N. Korea and Hong Kong. Many people think in terms of a nuclear holocaust with Rocket Boy when a better description is a 'magnetic explosion' which could freeze all non-military communications in a country such as Japan. To be sure, the U.S. has similar powers over N. Korea with specific plans to take out silo sites in the border close to S. Korea and one in NE Korea. The key is control over the large number of troops in N. Korea which has enjoyed economic boom times in 2016 which S. Korea would like to lead. This story is one for the spooks.
11) Standard of Living In 1985, Americans had the highest standard of living; today, there are 10 other countries ahead of them. Their antiquated health system is an embarrassment as a good 25% goes to overhead which other nations with socialized medicine do not have. p.s. Canada's system is not as good as some European ones but, with that much said, the U.S. is at the bottom. Providing for 'those without' should be a first step in 'making America great again.'
12) Lies, lies, and then again, more lies ...has become the modus operandi of those in charge. Canada is like the Roman Empire at the time of the takeover by the Generals. In the U.S., until they have a reckoning with what really went down in the 1963 Kennedy assassination (SEE UPSIDE DOWN 2010 Barry Eisler) I cannot see them making any headway in the moral universe of the 21st century. Remember the old Edmund Burke adage...'the only thing for evil to triumph is for good men to do nothing'
13) 'Black Lives Matter' protest movement has interrupted other parades in Canada. For my part, I do not interfere with other protests although I sometimes lend support: e.g. during a farmer's protest complete with bales of hay and tractors; my PLACARD read: FARMERS MAKE FOOD / POLITICIANS MAKE MANURE - it got a chuckle. In 2006 when the persecution of Falun Gong for 'body parts' (still goes on) was at its peak, I was probably the only Canadian to publicly support them with this PLACARD: I SUPPORT FALUN GONG. There are few blacks in Canada but the Chinese are now our second largest population ahead of the French Canadians (B.C. nicknamed Chinese Columbia) On our trip to Australia in 2012, we stayed in Richmond, B.C. near the airport where the signs were bilingual with the Chinese symbols being larger than the English ones. If any group should be holding placards in Canada, it should read: CHINESE LIVES MATTER.
14) The International Community Young graduates are not interested in the old cultures; they are prepared to branch out and make their careers where the jobs take them. Socialization is made within that context. For example, Saudi Arabia, sensing an end to the oil driven universe, is planning a massive tourist enterprise which will ameliorate cultural distinctions such as those found on cruise ships. Toronto is considered one of the better success stories regarding integration. Commercial advertising is reinforcing this alteration. For example, a survey in California in the 1950's showed 90% of inhabitants were against mixed marriages; today that figure is reversed.
15) As to Judicial Reform, it is important to state what it is not to be. In 1958, as an example, the Second Narrows Bridge in Vancouver went down at the end of a long hot day killing 18 painters. A neighbor at the scene pulled a few bodies onto his boat. The problem, according to my father with a steel background, was that there was no senior oversight individual - one with long experience in building bridges - to oversee the construction which was using bolts for a first time as opposed to rivets which filled the bolt holes completely; bolts do not. My point here is that reform of the Judiciary should not have such oversight from legal bodies focusing on reform. The Justice System should be rebuilt apart from legal input.
16) First of all, scrap the current system based on 'protection of property' extant at the time Canada became a country in 1867 and replace it with the 1982 Bill of Rights with its focus on 'individual rights' consistent with UN policies. Secondly, scrap precedent law except at the level of the Supreme Court of Canada thus eliminating the '500 page' Book of Authorities which no-one reads seriously. Rely on the law and documents. (That step would decimate law firms). Thirdly, retain appointment of judges (Canada) over election (U.S.). The key difference would be to dismiss Chief Justices if, for example, disclosure was refused in a major case (basis of habeas corpus and therefore all law). We do much the same thing in the sports area for non-performing coaches. Such action would require strong government leadership but if effective, would be the single strongest factor in seeing the worst legal abuses being cleaned up. As to the law; most are written like a job description with the final line reading ...and related duties which nullifies everything else in the list = judge-made law. Unfortunately, we have to trust to the calibre of the appointed judge...again, hold the Chief Justice responsible for widely aberrant decisions (usually due to appointments made by him/her).
17) The criminal code is the same across Canada; not so the civil code which could be easily standardized as my experience with 8 out of 10 provinces has shown. A short word on criminal reform here would suggest that California's 3 bats at the ball and you are out should be considered. For example, chronic cases could be assigned to a lifetime of parole if necessary with this difference; whenever there is an infraction, the inmate would be returned to incarceration without a court hearing. Much money could be saved in that regard regarding 'revolving court house justice'. A clean record of many years would permit manumission.
18) politicians are there to get elected and raise money for the party plus voting 'ready,aye,ready' for Party legislation. The real work is done by the 'boys in short pants'. PLACARD: DON'T TRUST TO GOVERNMENT ...TO DO ANYTHING.... Trash heaps are filled with government boondoggles. For example, the Federal Government Phoenix Pay Program for federal employees under the previous Tories was meant to save money. This IBM 'off the shelf plan' with demonstrated success was bitched, buggered, and buried by bureaucrats making adjustments and then dismissing the very ones to implement it. Along come the Liberals 'with the sense that God gave geese' and implemented it with catastrophic results. Solution? Eliminate Parliament and make the appointed Senate body into an elected one with responsibility over ridings so that the riding for Windsor could, for example, appoint a specialist in car manufacturing. In short, specialist technicians could replace the mind-boggling cliché speeches of complete idiots. (There are only a few politicians whom 'think' for a living.)
19) Modern day youth is soft as a marshmallow inside compared to youth in the 1950's; and, due to dysfunctional upbringing, is hardly likely to be the source of 'making America great again'. That will have to depend on the hard-working immigrants.
1) 'Taking the stand' is unwise as you merely paint a bullseye on yourself. For example, a man charged with a triple murder in Ottawa refuses to speak in court forcing the court to fall back on other measures to conduct the jury trial. In this case, the matter is going before Justice Maranger, a very slippery judge indeed as I can attest to from personal experience. He was also judge for Ottawa Professor Diab whom was deported from Canada on very specious evidence to rot away in a French prison without a court hearing date for terrorism for 2 years now. Unfortunately for Canada, the media is covering Diab's plight. The legal point here is that if fraud by the Crown can be shown on Appeal; the matter can be thrown out of court hence that is when the perp in the above case should hire a lawyer.
2) Duplicity through duality such as the above is common in our courts of law but rarely is anyone held accountable. I have caught a number of legal counsel and judges out on this level but there are no effective oversight capacities explaining this PLACARD: IMPEACH SCofC CHIEF JUSTICE BEVERLEY MCLACHLIN (due for retirement this December.)
a) A small contractor with a well-defined case (a rarity explaining why the big employer always wins) goes to court for an unpaid bill and wins because the big Employer fails to turn up. The judge told the contractor to expect an appeal. The case is refiled giving this employer a second 'kick at the can'. Considering that the high-priced partner of a legal firm is handling this small debts claim (under $25,000); I say 'watch out' for a lawyer is not there to tell you the law; rather, to tell you your chances of success. (Recently, one lawyer in another matter told me that they would not even attempt to second-guess the courts of today.) My advice is to pretend that this legal partner plays golf with the appointed judge who can be expected to reverse the decision with the contractor pilloried with all legal expenses. There is no third appeal. Note here that this Employer filed a weak case but count on the judge to ignore the first finding as has happened to me a few times under these circumstances.
b) '...evidence to their lawyers is alleged to have shown that evidence in the case was changed by the force's legal counsel and also that some senior officers lied during the SIU's investigation Ottawa cop sues board...alleges 'malicious campaign' that led to criminal charges against innocent officer O.S. Oct.3-2017 p.3
(standard fare in conspiracies as I can attest - the amazing part is to see the anti-employee media reporting on the individual's side of the story) For example, Justice Southin collected all minute notes regarding my lay-off for June 1985 and later returned them 'because she did not use them'. Therein lay the Employer's gambit to blackmail the Justice System (for 32 years now) for the matter became one of judicial cover-up of a blatant fraud. Having been at the arbitration, I know what she was looking at which is at the basis of all my requests for disclosure; a request which over 50 judges have ignored creating a crisis in Canada the likes of which has never been seen before. In short, the charge above is widespread in our Judicial System. 'She can't get away with that stunt' long-time lawyer and city councillor, Harry Rankin (d) stated in 1987. She has but it has cost Canada the credibility of its Justice System ...and still no compensation has been paid.
A) Postmedia's wishful thinking that while two populous leaders from the Liberals and NDP battle thus splitting the vote, the Tories will slide into being the next Federal Government, is just that - wishful thinking. Three months before the last federal election in 2015, I was the only one out of six people to predict a Liberal government. Today, I posit a re-elected Liberal government in 2019 with this caveat: their success or lack thereof will depend on how they resolve the employeescasecanada.ca The point is that the same group of Ontario Sikhs which bought the Tory government leading to a Party split has bought the federal NDP and their $4 million debt which of course they are expected to cover. If Postmedia really wants to make a contribution, they should call for the elimination of the bi-lingual allowance in Parliament as it is no longer needed along with the ill-thought out bonus program for civil servants which has become an expensive boondoggle. Further undermining the Tories is that they not only attract rich voters but those whom aspire to be rich which at one time, were legion. Not so today as there has been no salary advancement since 1985. The Tories further undermine their cause by permitting a half-baked columnist review the September 01 Labour Day Parade calling auto workers a bunch of yokels whom should leave the political thinking to their (Tory) betters...just stick to tightening bolt #69.... That is the group the Tories should be courting, not insulting, as they already have the rich guys vote.
B)The new NDP leader, Jagneep Singh blew his TV interview and the pointed questions he received regarding the 1985 Air India Disaster as he waffled all around the point. What he should have said: 'This is a horrific crime for which only the bomb maker was convicted. If the interviewer has further information on this major disaster, tell me now and I will personally pursue this matter. As it stands, I follow Canadian law which deems a person to be innocent until proven guilty by a court of law.'
I was in Vancouver in 1985, the date of my teacher lay-off and have these additional observations. A CSIS operative took the personal step to go to the Surrey RCMP detachment on the morning of the flights to notify them of the very real possibility of bombs on planes - the Air India which went down just short of Ireland killing all aboard. The CP flight to Tokyo landed safely but 2 baggage handlers were later killed in a bomb explosion in the luggage being disembarked. The RCMP ignored the warning. Canadians were not overly alarmed by one of the first acts of terrorism possibly because the plane did not belong to Canada and because most passengers were from India, a non-Caucasian country. The trial against the so-called Sikh organizer and the one whose picture was portrayed in Ontario recently fell apart when a key female witness backed off from testifying.
The letter below requesting oversight of Justice Suzanne's aberrant action #458698 April 07-2017 went without a response showing tacit approval up to and including P.M. Trudeau
TO: Nova Scotia Judicial Council FROM: Roger Callow #458698 Superior Court
ATTN: Chief Justice (chair) 1285 Cahill Dr. E. #2001
The Law Courts Ottawa, ON K1V 9A7
1815 Upper Water St.
Halifax, NS B3J 1S7 sent by fax: 902-424-0524 cc Premier McNeil /PMO /RCMP
QUOTE: 'The moves made outside the courtroom were always more significant than those made inside. The inside moves were all prepped and choreographed. The Fifth Witness Michael Connelly
October 04-2017 continued
1) A second ex parte application was filed and has been undergoing the usual obfuscation with the NS Registry finally settling on a dispute over the amount of the HST on a $25 fee as being the only matter standing between this litigant and the assignment of a docket number. I re-mailed the factum with fee plus $5 for any interpretation of the 15% HST with an invitation to 'keep the change'.
2) A telephone call on October 03-2017 to the court to obtain the docket number did not lead to fruition hence this fax. As there is no longer any reason to contact the NS Chief Justice nor Premier McNeil, a copy is sent only to the P.M. considering the ineffectiveness of his Justice Minister in this matter.
3) I believe a docket number should be immediately provided to me along with the date of a one-hour hearing earlier selected (Oct. 23?). The number may be provided by e-mail.
Roger Callow litigant
OPEN LETTER TO 'GO PUBLIC'-CBC
(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada) Tories A. Scheer and NDP are MIA in that regard.
CANADA'S CORRUPTOCRACY - OCTOBER 08 - 2017
JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada) employeescasecanada.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) Recently, Ontario CUPE won $56 million dollars for its education workers on the same challenge that I have relating to the rights of courts to oversee imposed legislation.
QUOTE: A) 'Academics have many names for government structures, Kruptin started. Monarchy, democracy, communism, socialism. But there's really only one. The world has always been ruled by a small group of men with the cunning, strength and drive to take the reins of power. The rest - the people outside these walls - are sheep... Even the Americans who believe their democracy to be so unique are no different from us. Their politicians are members of family dynasties and owned by wealthy patrons. Information is controlled by a media flogging false narratives for profit..we're all members of the same hypocrisy. Order to Kill Vince Flynn
PLACARD: HYPOCRISY / CANADA DOES IT BEST
B) '...evidence to their lawyers is alleged to have shown that evidence in the case was changed by the(police) force's legal counsel and also that some senior officers lied during the SIU's investigation Ottawa cop sues board...alleges 'malicious campaign' that led to criminal charges against innocent officer O.S. Oct.3-2017 p.3
(standard fare in conspiracies as I can attest - the amazing part is to see the anti-employee media reporting on the individual's side of this story)
PRIMER FOR LAID-OFF TEACHERS
1) Lay-offs are ugly even under the best circumstances hence making them more egalitarian is the focus of those School Boards with declining enrolment (virtually all across Canada).
2) Having been through one of the worst arbitrations in Canadian jurisprudence which still remains unresolved, anyone in this position in the future including administrators, would do well to read this account.
3) The right wing Fraser Institute is correct; how can, for example, Ontario justify an 80% increase in spending in education over the past decade at a time when the enrolment has declined by 5%? I expected the ax to start falling across Canada on this past June but it would appear another year of retirements will ease the blow.
4) For administrators, if you are near retirement, take it as you do not want to go through a contentious arbitration which could break your health. For example, the Director of Instruction (DI) for the dismissal of West Vancouver teacher, Ken Raison, in 1978, was pilloried in the media and by the staff. In 1985 faced with my dismissal, he was a hollow shell whom sought early retirement and unsuccessfully tried to hide out in his cabin without telecommunications to avoid the hearing.
5) A general rule of thumb for teachers is not to trust to the oral statements of administrators. The e-mail today, as has been shown, is a vital court instrument answering the question...what did he know and when did he know it? For example, the Superintendent in a private meeting offered to withdraw the offending principal's Report on Teacher on my teaching capabilities which I refused as it would be a vital piece of protection should two more negative Reports be received (3 negative Reports over two years can be used for dismissal such as happened with Raison) Further, what if he had not destroyed the Report as he said he would do without my knowledge and instead, surreptitiously ran two negative Reports in the following year?
6) One item that stuck in the craw of staff was that Raison had never been shown complaint letters from parents against him based on a student scam which were produced in court. A similar student scam (set up in the summer before I arrived) had the same result although this time in November, I was shown the letters with the D.I's observation 'that there was nothing in them'. I agreed except for one letter which I asked the Superintendent to investigate which he did telling me in private that the parent 'was a boy'.'That's fine, now mail him a letter to that effect'. He declined."Oh no, the Union rep said, he would never do that." I draw this story out because one succeeding principal stated that should a negative letter from a parent on a teacher be received by him, he would decide whether or not to show it to the teacher. If he didn't, he would destroy the letter. A proper move under difficult circumstances.
7) Giving testimony on colleagues is tough. For example, one student who accused a teacher of sexual abuse in Ottawa, had to listen to other colleagues degrade him on the stand. 'Why are they saying that', he asked his parent? The teacher concerned later changed his plea to 'guilty'. In the Raison dismissal in 1978, there was much teacher support with one senior teacher later telling me that he resigned because of the School's action. Teachers from my former school offered me similar support which I turned down as the matter was limited to lay-off for declining enrolment which the Board did not have in1985. When the Board's lawyers beat the bush for witnesses against me, the vast majority of teachers told them what they could do with their subpoenas. Only two young #8 girls counselors took the stand; Cathy Grant from my former school and Rose Geiger from West Vancouver Secondary. I never had contact with Geiger and was downright confused as to why Grant showed up...because I was subpoenaed, she told me. An honest arbitrator would never have accepted evidence from any teacher in the imposed BILL 35 case but that is the point... he wasn't honest and was declared patently unreasonable when the court quashed the arbitration. Neither were over 50 judges overseeing this case including the Supreme Court of Canada on 4 occasions. In brief, no-one should trust to the legal system.
8) Lay-off goes according to School District and not any one particular school. But that didn't stop West Vancouver Secondary in 'the shell game' of taking two teachers senior to me (one an administrator and the other a Home Economics teacher) and splitting my class load for September and going out and hiring a new HE teacher. I have little respect for teachers whom indulge in that kind of subterfuge but to be sure, administration will exploit weakness wherever they can.
9) Keep in mind that the courts cannot get your job back. The question in law relates to compensation. For example, the court could order that should an employer not return employment, then the employee remains on staff (although unemployed) forever. Few employers are going to take that challenge although they will try to give the employee a 'non-job'. One fiery Union leader left under those conditions and took up law believing that she was going to be left 'sorting books' at the administration office. That is where the Employee's Case is so devastating; no matter the justification for the lay-off, I am owed compensation whether it be under the imposed BILL 35, the collective bargaining rules or some other related scheme under the employment laws. Hence what Justice Southin in 1986 was trying to do was to maximize my pay-out. My offer was turned down by the Board because they were out for bigger game - to justify imposed legislation not having any court oversight. The recent CUPE win in Ontario on a charter rights case is the first blow to that Employer thinking (SEE web CUPE-2017. Now the B.C. Employer has a multi-million settlement demand from me to which I have added in Manitoba a demand for a government apology for rampant judicial abuse plus $1 (aka war criminal apology).
10) The parameters for lay-off cases work against the employee. A second individual (usually last on is first off) must be named in the event of a success by the original lay-off candidate which can then be possibly replicated for a third and fourth time etc. Under those conditions, your chances of success are minimal as there is a limit to how much money will be spent on such cases. In 1992, a wild life biologist turned up to work at NAV Canada only to find a table set up at the door with two security guards on either side. Your name was struck off and you were directed to either the left or right...'just like Auschwitz', he said. He was in the lay-off group where his seniority did not count (although he was given paid dental, etc. for the rest of his life). He learned later that two other lay-off victims hired lawyers and were quietly given two more years salary. That is why I cannot emphasize enough that you hire your own lawyer at your own expense ($10,000?) to parallel the Union lawyer. For example, I was prepared to replace the Union lawyer when he refused to put the School Trustees on the stand to testify (commit perjury) as to lay-off figures. If I had had my own lawyer present, that demand would have had weight in a court of law if I had seen fit to dismiss the Union lawyer.
11) Stay off the stand as you are merely painting a bulls-eye on yourself. I did despite the Union lawyer's legal advice...'Why?, I have nothing to do with lay-off figures,' I told him.
12) Whatever you do, do not contact me if you are a lay-off victim. You have my sympathy but nothing more. Begin your own blog if you think that will help. So don't send your factum to me as I will just return it un-opened. However, you may e-mail me with general observations on pertinent cases but keep your observations under one page in length.
Why Union leaders love 'imposed' legislation
1) It sounds like a paradox as to why Union leaders 'shadow box' against imposed government legislation. The following explains why.
2) Union leaders keep legal actions close to their chest avoiding media attention. For example, CUPE (Ontario Education) could not help but whoop for joy in winning a charter rights case for $56 million where such as the teacher's two unions were party to the challenge.
3) So where were those teacher unions when I asked for support in my Ontario charter rights challenge? ...you couldn't see them for dust ...that factor more than any other was responsible for capricious ON court actions which still have not been addressed including under the executive powers of P.M. Trudeau. Current refiling in Ontario is getting the 'runaraound'.
4) Massive teacher lay-offs across Canada in 2018 are a given considering declining enrolment for well over a decade...the question as to whom is laid off is dicey at best in which the Union leaders would love to sit on the side-line blaming the government for everything. In actual fact, the two are complicit. School principals are on the hot seat as they will make selections for lay-off.
5) Standard lay-off procedure is to troop the targeted employee into the Supervisor's Office and threaten them will all sorts of repercussions if they do not sign right there on the dotted line. Puzzling, many do as opposed to taking the form and turning it over to a lawyer. One possible answer for this strange reaction is that in our culture, one is persuaded to believe that there is something wrong with them if they are being laid off. The anti-employee media are major sponsors of that thinking.
6) I have related stories on this site of laid-off employees getting substantially more money by hiring an employment lawyer. (I had one but he finally threw up his arms in 2004 claiming that 'I had exhausted all remedy under the law' in this unresolved labour case where no compensation has been paid = anarchy for there cannot be process without judgment)
7) For this reason, a second case being lodged in Nova Scotia on the constitutional question of the legitimacy of court oversight (the single most important legal question in Canada)requires teachers to MAKE NOISE, particularly in Nova Scotia as this is the second and last attempt there to protect individual teachers faced with lay-off in 2018. Those teachers can ill-afford to wait 5 years such as the class action for CUPE workers at much legal expense to decide on the propriety of their lay-off. For the Union leaders, lay-off selection is secondary given that someone must be laid off. Their point is that they do not want expensive litigation as their primary motive.
'Union Paranoia about Charter Schools' (O.S. Oct. 10 p.13)
1) As noted before, the Ottawa Sun appears joined at the hip with the right wing Fraser Institute where 'figures don't lie but people lie about figures'. This 'letter to the editor' , considering the ban on my name by Postmedia, appears only on this blog site.
2) The above article refers to the Elementary and Secondary Union leaders in Ontario practically standing on the border to bar one of America's foremost advocates of 'charter schools'.
3) First of all, these charter rights to not apply to wealthy private schools which avoid government subsidies like the plague as they do not want 'just anybody' enrolled in their schools. They want photographs of their graduating classes with a 95% university enrolment figure. To do that, they encourage their low ranking students to revert to the public schools and assign scholarships to public school students to bolster their schools performance. In brief, they are all about making these schools - as opposed to individual students - look good. They can hardly do that by underpaying their teachers whom must have the same academic qualifications as public schools. Their graduates and their parents are on the hook to support their 'alma mater' for the rest of their lives and through the 'school tie connection' are rewarded with executive level jobs.
4) The Fraser Institute writer above raises the question as to why charter schools, that is those funded by government, should not exist for lower economic students such as you have in the U.S. First reason against this program is that all public schools in Canada have union employees. There are no ghetto schools or 8 year olds asking President Obama 'How do I get into a good school?' Central question never raised...what do you do with the 'bad' schools if everyone deserts them?
5) Hence in Canada, lower economic students are not able to support a separate existence as they do not have the financial infrastructure common to private schools. Accommodation is currently made in most provinces for special programs although the trend is away from religion in schools e.g. Quebec and NL. B.C. had only a public school system and Catholics complained about 'double taxation' until, in the early 1970's, the Catholic Education Minister, Dr. Pat McGeer, included the cost of government textbooks for the Religious Schools. Hence public funds, as the writer points out, are available for diversionary programs; the question amounts to 'how much'?
6) The writer of this article would appear to suggest that 100% of public funds should be available for these charter schools for which I disagree. Invariably in Canada, that means money for strictly 'religious schools'; something that the trend in Canada is trying to divest itself. Graduates from these schools are going to find that their employment opportunities will be limited much like the ghetto schools in the U.S.
7) In Spirit River, SK, there is talk of closing down the only Catholic High School due to declining enrolment. The school currently accommodates all students. Adding 'charter schools' will have the further effect of hitting rural communities harder than they are already hit.
8) It would seem that the main appeal to the Fraser Institute is that the charter school movement could be used as a wedge issue against public school teacher unions in Canada.
1) A little background is in order here. In the time of P.M. Pierre Trudeau, Alberta wanted to sell oil to eastern Canada to which Pierre said 'sure, as long as you can compete with $4 per barrel Arab oil which, of course they couldn't. So a funny thing happened on the way to the forum. Oil sprang to $13 per barrel (to finance the Alaska pipe line) so Pierre introduced his Canada first policy forcing AB to place Canada before its U.S. financial interests which had come to the rescue of AB. Today those U.S. interests control the oil in AB. Today, the Pierre gang is understandably still the most hated group in AB. The point here is that the U.S. saw those oil interests for political as well as economic advantages.
2) NAFTA is a 'revenue neutral' relationship between U.S. and Canadian companies where both benefit mightily. Scrapping NAFTA drives Canada into Chinese and British arms (plagued by Brexit). Hence both economically and politically, scrapping NAFTA is counterproductive for the U.S. Problems develop in that Canada and the U.S. are members of the same nuclear North America umbrella.
3) President Trump should rethink his 'vote grabbing' psychology as it is becoming counterproductive. For example, his tariff on Canadian timber has only meant that American citizens are paying more for their home construction as both Canadian and U.S. lumber interests profit at the expense of U.S. homeowners. Delta Airlines is still planning to buy Bombardier C-130 aircraft saying to hell with Trump countervailing duties. In short, they can tie this matter up in court longer than Trump is in office. Already some states are working around Trump's immigration stand (which I support for the most part particularly as it relates to the criminal element). However, Canada is attracting international IT workers worth their weight in gold as one negative by-product of his policies. Not so fortunate for Canada is the influx of Haitian economic refugees. When it comes to such as El Salvador's criminal M-13 political refugees, it is another game entirely as they head for 'Mexico North'; namely B.C. (There are more illicit pot shops in lower mainland Vancouver than Starbucks and Tim Hortons combined.)
OPEN LETTER TO 'GO PUBLIC'-CBC
(Until a successive 21st Century P.M. to 'Ambassador' Justin Trudeau steps up for Canada) Tories A. Scheer and NDP are MIA in that regard.
CANADA'S CORRUPTOCRACY - OCTOBER 22 - 2017
JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada) employeescasecanada.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) Recently, Ontario CUPE won $56 million dollars for its education workers on the same challenge that I have relating to the rights of courts to oversee imposed legislation including and apart from the collective bargaining rules.
A) 'In the end, he thought, the greatest armies and navies were nothing when the people believed in nothing.' The Lion Nelson DeMille
B) 'The Bill 115 should never have been passed in the first place. ON CUPE in winning $56 million for education workers
C) 'You may write me down in history/With your bitter, twisted lies/You may trod me in the very dirt/But still like dust, I'll rise' SEE RED NECK MEDIA c.1985
D) 'There was never anything wrong with your brain, merely your desire to actually use it. War Cry Wilbur Smith
E) 'There is no more honour in a legal dispute than there is a wrestling match' Dictator Robert Harris
F) '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. SCofC Chief Justice Beverley McLachlin
PLACARD: IMPEACH SCofC CHIEF JUSTICE BEVERLEY MCLACHLIN
G) 'Be thine own palace, or the world's thy jail'. John Donne
H) '...that is why we should exercise a healthy degree of skepticism when Justin Trudeau tells us that he's making things better at the Supreme Court when all he has to offer is some pleasant Liberal window-dressing.' Trudeau's Supreme Court plan a clever ruse / PM's scheme about little more than power David Krayden
Ottawa Citizen August 05-2016 p.8
1) The Ontario educational wing of CUPE is crowing about their multi-million dollar settlement as well they might after 5 years of litigation. Unfortunately, that settlement has a darker side which impinges on individual employees which may be exploited by the employer.
2) First of all this 5-year legal battle was very expensive legally making it impossible for an individual to launch such a challenge which no doubt is the strategy of the Union leaders in ensuring Union control over all employee legal rights. Not so good if the employee, such as myself, is the target of a sweetheart deal. As both Employer and Union are reluctant to finance expensive litigation; the pattern is to 'screw the employee'. The only recourse is a Labour Board challenge which in my case, never materialized due to judicial chicanery. I was to be left in limbo after the arbitration favouring the employer was quashed with the arbitrator ruled as being patently unreasonable.
3) Due to collective bargaining arrangements, a second person must be named in the event of a successful challenge by a laid-off individual and so on until the correct lay-off candidate is found. It's unworkable hence it is in the interests of an arbitrator, Employer, and Union to ensure that the selected candidate is indeed 'justifiably' laid-off.
4) The above conditions apply only to the collective bargaining process. What happens when an Employer, such as the West Vancouver School Trustees, refuses to recognize any oversight such as the courts which quashed the arbitration and when the B.C. Superior Court (Spencer j.) in 1995 chose to declare the matter solely a Union one in which I could not participate? The Employer also refused to recognize the B.C. Labour Board as BILL 35 was final and binding to them.
5) The matter went to the Supreme Court of Canada (Chief Justice Lamers (d) incumbent CJ Beverley McLachlin due for retirement this December and Justice Cory) under the heading of the universality of unions; a key concept to the existence of Unions. They refused to hear the matter leaving a big hole in the advantages of Union membership.
6) Civil cases are all about money. One must place a value figure on your career. Apart from the propriety of the lay-off, is the question of compensation which in this case, exists under BILL 35, the collective bargaining process, or any other legal procedure mandated by the court. The Second Supreme Court of Canada Appeal in 2004 under the heading of ultimate remedy (B. McLachlin CJ) was refused. 'You have exhausted all remedy under the law' wrote my legal advisor in this unresolved matter. That is how the Justice System of Canada collapsed for there cannot be process without judgment (except possibly in Canada).
7) Matters devolved until July 2013 when B.C. Deputy Justice Alistair Cullen on his own recognition, without quoting relevant laws nor taking legal argument, expelled me from the B.C. Justice System cutting off my access to the Supreme Court of Canada.
8) Considering that the matter was unresolved, I lay cases across Canada (Only courts in NB and NL omitted). Not one court would deal with the ultra vires 'Cullen Creed' which, if they had, they could have ordered the matter back to B.C. for a resolution. Rather, these courts played their own fraudulent games which were referenced to the oversight bodies e.g. the Canadian Council of Judges under President B. McLachlin. There has never been any acknowledgement of gross judicial misconduct (SEE web for details). PLACARD: THERE ARE NO OVERSIGHT BODIES IN CANADA = anarchy
9) Fraudulent judicial actions in Ontario played out in Quebec (SCofC 36883) and Saskatchewan (SCofC 36993) in 2016 under the same panel of 3 judges. That is why all references in this case are now directed to the executive powers of the PMO. P.M. Justin Trudeau continues to 'sit on his duff' amid the anti-employee boycott of this national story.
10) While Canada may muddle along; foreign interests are increasingly concerned about our lackadaisical justice system. For example, NAFTA as well as a Pacific Rim agreement would not trust to Canadian Justice. Quite rightfully so in my opinion.
BILL 35 (1985 B.C.)
11) The author behind BILL 35 was Deputy Education Minister, Jim Carter, a former principal of West Vancouver Secondary School in the 1970's and the topic of a highly publicized dismissal of a senior teacher in 1978 for so-called 'incompetence'(SEE web 'Origins'). I was 'laid off' in 1985. Ed Carlin was the Superintendent for both occasions (dropped in 1986 and never served again in the public field.) Hitler would have remarked; What, all this and no jack boots in the street? ...amazing! The Carters abound in all management systems.
12) First of all, there was no problem of declining enrolment in 1985 in B.C. including West Vancouver but tell that to a crooked arbitrator (which explains in part why any litigant should hire his or her lawyer to be paid out of one's own pocket ($10,000?) to double track the Union lawyer.
13) The threshold test is that a need to lay off must be established (essentially by the School Trustees taking the stand to testify as to such. WV Trustees did not take the stand to essentially perjure themselves particularly as the Deputy Superintendent stated in testimony that he had not recommended the need to lay off any teacher under BILL 35. Indeed, his figures showed 16 new positions created which the arbitrator converted into 16 lay-offs adding myself as the necessary 17th. Affordability was also included in which the $1/2 million shortfall claimed at the arbitration became a surplus in the same amount at the end of the year after the arbitration. The court handily threw out that condition as any employer can manufacture a 'no money' claim.
14) Once the threshold test was passed, the candidates for lay-off would be determined by 3 conditions: a) background qualifications b) seniority c) current demonstrated ability (cda)
15) The person named for lay-off should I have been successful was the youngest teacher on the Board in the spirit of 'last on, first off' which is common to seniority provisions.
16) The Employer did not challenge a). While not having advanced degrees, I have 14 years of University courses placing me in the top 2% of teachers. b) With 16 years seniority in West Vancouver, I was 'mid-pack'.
17) Hence in my case, c) cda was the entire focus of my case. For 11 days, I had to listen to school board gossip which any credible arbitrator would have refused. The key question and the only question raised by the Union in a 1/2 hour out of that 11 days was that BILL 35 was in addition to the School's Act (as stated in the Act) and did not in any way displace any of the provisions of the School Act such as the collective bargaining rules. Further cda was ultra vires in that there is no definition for the term in the Act or in law in general. In brief, the document was akin to the type of thing labeled 'banana republic justice'.
WHY TEACHERS SHOULD BE FRIGHTENED SILLY OF 'IMPOSED' LEGISLATION
18) Based on the above model, imposed legislation may be applied at any time including the summer months (as happened to me although the initial lay-off letter was received on June 26 with BILL 35 becoming law on July 1-1985 = second lay-off letter after the Employer noted that I was appealing.) (Imposed legislation is an extension of the 'Order in Council' which is used for minor matters such as the appointment of an office secretary not requiring full Parliamentary approval. It is the extension or bastardization of these 'Orders' which is the source of contention here.)
19) As to seniority, the Employer can get around that one, for example, by declaring in Ontario that beginning elementary teachers now with 2 years to qualify rather than one, are senior to all other teachers with one year (virtually all others) Other tricks abound.
20) The same for qualifications. For example there is a dirth of English teachers in Ontario where there is a vast shortage of French teachers as Immersion programs are displacing the English programs. The English teacher could very well see herself pitted against that need as the French teacher could be given temporary employment status until the English teacher is removed.
21) Seniority goes according to School District and not according to individual schools although that did not stop The WV Employer from pulling that stunt even though teachers were added to West Vancouver Secondary in 1986.
22) The arbitration failed in court (after I divested myself of the Union lawyer) primarily on the key causal factor; namely, this crime-this perp. The Law has to be sure they are dealing with the correct 'offender'. In the Employee's Case, that is still not happening further adding to the woes of why Canada has bitched and buggered its justice system.
SHOULD ONE CHALLENGE A LAY-OFF UNDER THE ABOVE CONDITIONS?
23) For 95% of employees, I would say 'no' as you are the wrong kind of person. For the other 5%, they do not look to anyone else to stand up to a challenge as they develop their own agenda. The key is resilience which it turns out is something that I have 'in spades' (a deep pocketbook also helps). When I was first laid off, a bemused colleague asked me how long would this matter take to which I replied; 3 months, 3 years, 30 years (now at 32 years and counting), I'm not going anywhere. Besides, I am already flat on my back so there is nowhere to go but up. 32 years later, I have to modify that position as I am still flat on my back with this difference; the Canadian Justice System has collapsed on top of me...I feel like a Mexican earthquake victim!
Perhaps 16th century Protestant Martin Luther said it best: HERE I STAND, I CAN NO OTHER
PLACARD: I HAVE BEEN 'HARVEY WEINSTEINED' BY CANADIAN COURTS
(And I am not the only one!)