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December 14-2017

TO B.C. Teachers Federation                              FROM: Roger Callow aka 'Outlaw'

e-mail: presidentsoffice@bctf.ca                     e-mail: thecallows@ gmail.com

2 pages                                                                     employeescasecanada.ca

 

REFERENCE: 32 year unresolved senior teacher lay-off for declining enrolment in 1985 (West Vancouver, B.C.) under the imposed BILL 35 where no compensation has been paid (now includes 10 years of pension as the WV School Trustees did not accept my retirement at age 65.) The case culminated in  the failed attempt in Nova Scotia (#469918 Nov. 28-2017) on the constitutional question as to whether or not the courts have oversight powers on imposed legislation. The Employer had responded in the negative, while 50 plus judges in 15 different courts are 'just not saying' preferring to claim that this litigant is being frivolous and vexatious in even raising the claim. In brief, compensation is owed former West Vancouver senior teacher, Roger Callow, whether it be under BILL 35 (the only instrument the Employer recognizes; the collective bargaining rules (the only thing the courts will recognize since 1995 giving, in that process, all power to the Union, or some other scheme under the law relating to labour compensation.)

 

Background

1) The lay-off of senior WV teacher, Roger Callow , has never been tested in law so that without a judicial decision, the Employer does not feel the need to pay any compensation.

2) The arbitration approving the lay-off in 1985 did not survive judicial review and the arbitration was quashed. The arbitrator was labeled 'patently unreasonable' for not showing a causal factor. I was left in limbo where I remain today although, technically, I am still an employee with the board awaiting 'deferred salary'.

3) And then an unusual thing happened. Justice Southin of the lower B.C. Supreme Court returned all memo notes relating to the lay-off which she earlier requested because 'she did not use them'. My set of copies were returned to the Union by my legal representative hired by me to replace the union appointed lawyer. As such, the memos-or at least a copy thereof- should have been returned to me when my lawyer ended his connection.

4) Those memo notes on School Board and Union  meetings provide the basis of a charge of 'fraud' (no time limits on fraud charges). I am seeking $20 million if the case goes to court.

5) Of further concern is the Union's wish to retain Bruce Laughton, the junior acolyte of Harry Rankin whom I had replaced. Laughton represented me without my express authorization at the Appeal of Southin's Decision by the School Board. They lost and her Decision stood. I have had to include express rejection of the unethical Laughton in succeeding law cases as he even joined with the Employer to thwart any settlement of this long outstanding issue with the full knowledge of the BCTF leadership.

6) As such, the question of suing either the Employer or Union or both is an open question. The failure of the BCTF to place all School Districts into dispute until this matter is resolved reflects the culpability of the Union leaders. Teachers at large may consider at this stage to change Unions (CUPE? which recently won a $57 million settlement in Ontario for educational workers) rather than risk so much under the BCTF policy of inaction on this lay-off issue.

7) No doubt the crooked Christy Clark government decided to capitalize on this perceived 'teacher cowardice' by imposing more restrictive legislation which over a 15 year period included the longest teacher strike in B.C. history in 2014. The Supreme Court of Canada disposed of the B.C. government in a 15 minute oral hearing  on November 4, 2016 throwing out, in that process, the government's actions. How much did that cost the Union in legal fees? (At least CUPE over 5 Years reclaimed $57 million.) My 'Model T' action in Nova Scotia was not going to cost either the Unions or Provincial Governments (objection to imposed carbon tax) a red neck taxpayer's cent. President Trump has been invited to invoke the Magnitsky Act (legal and moral turpitude) recently passed in light of the anti-employee Canadian media boycott on this national story against NS Justice Rosinski ...and if not him...Putin under other options?

7) The path for new B.C. NDP Premier Horgan is clear: to amalgamate the smallest (only 2 high schools) and richest School District in B.C. with its much larger neighbor providing 'transition money' which would cover the current $10 million settlement price which is to increase by $1 million as of January 2018. Some might even take that action as just dessert for those 'rich bitches' but that is the price to pay for a community which would never vote NDP.

8) Currently, I have returned to B.C. courts now that the crooked Clark government is gone. Interestingly, the B.C. Supreme Court B.C. Registry is not quoting the infamous 'Cullen Creed' of 2013 which on his own recognizance and without quoting any law nor taking legal argument,  Cullen expelled me from the province in an unresolved case. He told the Registry not to accept any material from me on this issue. The attempt to file new information in 2017 ignored this prohibition by declaring that my action must conform to B.C. court forms. I complied but not yet without success so I mailed the entire factum plus filing fee to Premier Horgan for the purpose of seeing this matter through assigning a file number. (Hopefully, he will not go the way of PEI Premier and Attorney General MacLauchlan of merely pocketing the fee and doing nothing.)

 

Yours truly, (Roger Callow aka the 'Outlawed Canadian in an outlaw Justice System due to systematic judicial malfeasance). P.S. space does not permit to relate how the conspirators appear to have co-opted a GOOGLE executive into hacking my website as only blank pages appear:employeescasecanada.ca  (enter web site in title bar to access)

 

cc B.C. Premier John Horgan

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