JANUARY - 2018
'Would the real Ottawa, Ontario, Justice Colin McKinnon please stand up'
BY: Roger Callow ('The Outlawed Canadian') employeescasecanada.ca
1) Recently, my Google Account was hacked. All that was produced was 'error messages' for anyone seeking my web site which flew below my radar as I do not access my web site through Google. Corrections have been made and, in that process, I stumbled on the mother lode of all judicial corruption. Here's how it happened.
2) In April of 2014, The Employer represented in ON by Hicks, Morley, et al, rather than mount a defense to an action which I had laid, chose instead to mount their own case where I would be the defendant (13-59060 McKinnon j. April 23-2014 Decision).
3) The Hackers mounted two allied sites to my website; the Halifax Examiner (Nov. 03-2017) and McKinnon's April 23 Decision. First the 'Red Neck Media' where the newspaper account is annotated with my detailed comments widely dispersed to NS Teachers and Legal firms. SEE 2018 website.
4) The second McKinnon j. 30 page account of April 23-2014 is one which I had never seen before. The Decision I received was rather brief and limited to my continued dealings with the court. I cited all my reservations on that level for the second court case, this time one before Justice Scott at the end of September of 2014 (14-61592). The reader can immediately see the problem; which account was filed? ...the abbreviated one that I received or the 30 page account (clearly prepared by the Justice Ministry as there was information in there which neither McKinnon nor the Hicks, Morley representative were privy to). In brief, it was a matter of overkill by the authorities. So what to do now?
5) Why... create a third signed judgment by McKinnon j. in September immediately before the Scott j. hearing so that the new document would displace my reasoned argument. The problem lay in getting it into court as Hicks, Morley et al had not filed an appearance nor informed me of this new McKinnon Decision. In any event, Hicks, Morley leaped into court running up to the bench to eagerly outstretched judicial hands amid my vociferous objections. To the best of my knowledge, Scott never filed a ruling although considering the above scam, something could have been filed later without my knowledge. Hicks, Morley dropped the Employer after I reported their perfidy to the ON Legal Society. There was no acknowledgement of my charges.
6) If the Canadian Council of Judges (CCJ) (both McKinnon & Scott were originally Federal Court appointees) and the ON Legal Society had investigated at that time as I requested, the debacle in QC and SK plus the Supreme Court of Canada plus the Office of the P.M. (Trudeau) would have been spared. Added to that list is the NS courts as the same material was being 'laundered' by the Employer in his 'Book of Authorities' which the courts point blank refused to investigate(Justice Suzanne Hood April 2017) which explains why a 'Book of Authorities' has lost all credibility across Canada.)
7) With the December 2017 retirement of Chief Justice B. McLachlin of the SCofC and President of the Canadian Judicial Council, I have revived the complaint to the CCJ and ON Legal Society. Interestingly, one judge of whom I asked to be investigated- SCofC, Richard Wagner who sat on both the QC and SK Appeals of this matter in 2016 much to my vehement objection - has now been appointed the new SCofC Chief Justice.
8) Provincially, as the measure of Premier Wynne has already been taken, the challenge shifts to the Tory and NDP Parties in ON along with the anti-employee media. Don't hold your breath on that one plus don't vote in June of 2018 as a consequence.
9) As judicial events outside of British Columbia since 2013 require a conclusion considering that I have once again been accepted by the courts under new B.C. Premier John Horgan (still some glitches here), and considering that certainly the above doesn't look like there will be any resolution sometime soon if at all, I raised a 'false flag' in Nova Scotia by seeking to restrict a hearing to the constitutional question with the support of the Employer (essentially the same question that they had raised before McKinnon j. which he had ignored.) as to whether the courts have oversight powers to imposed legislation. Of course if the court had heard that challenge, over 50 judges would have been severely embarrassed no matter which way the decision went...and that would never do....
10) The NS courts were caught badly off-guard when I filed a constitutional challenge for the second time in an ex parte (no defendant) action heard before Halifax Supreme Court Justice P. Rosinski on November 28,2017. The outcome? As expected, considering that the Deputy Ministers of all provinces concerned must be notified on constitutional challenges(NS, BC, Federal Government). When they all filed back that they would not be present for intervener status, the message was clear; a few carefully placed phone calls had elicited the answer that this challenge would not see the light of day. So the only question was how Justice Rosinski would pervert the course of justice. The following explanation does not include whether Rosinski j. pulled a 'McKinnon' by having the judicial record laundered in this case with a private second judgment.
11) Rosinski's judgment makes no mention of the 'constitutional question' nor does it make any copious reference to background facts which he did in court and are a part of transcript evidence. I have called for President Trump to invoke the Magnitsky Act (legal and moral turpitude) against Justice Rosinski and barring that, for Venezuela to strike back at Canada for using that self-same act to condemn their Chief Justice.
12) Hence the de facto situation is that the West Vancouver School Trustee's Final Solution which denies court oversight over imposed legislation stands. Up the revolution!
13) Currently I am suing the Employer in B.C. for civil fraud and the Federal Government in Manitoba for an apology (plus $1).
14) Until this mess known as the 'cluster-fuck case' is sorted out, Governor General Julie Payette should not hand out any 'Orders of Canada' nor should anyone accept them.
A CANADIAN CATASTROPHE - JANUARY 01 - 2018
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. My challenge, however, covers both the collective bargaining rules as well as application outside those rules explaining why provinces (e.g. carbon tax) also have a vested interest. NOV.29 in N.S. #469918 focused entirely on the constitutional question of court oversight powers over imposed government legislation under all circumstances which is at the heart of all democratic functioning. This Newsletter marks the culmination of 32 years of litigation with N.S. Supreme Court Justice Rosinski reflecting everything which is wrong with the Canadian Justice System.
A) The idea of the American founding was what John Adams said, that our constitution is suitable for a moral people and is totally unsuitable for any other'
B) `...And when we are pathetically attempting to deal with the invisible, when we have the least evidence of reality, that is when we are most vulnerable to the power of the experts.` The Lucifer Principle Howard Bloom
C) `...To allow a faith or ideology to be overthrown would be to abandon a massive neural fabric into which you`ve invested an entire life, a network that cannot be easily replaced, perhaps that cannot be replaced at all. ibid
D)'How I fell out of love with the Canadian Justice System' & in particular, the judges Postmedia's Cindy Blatchford
1) 'Follow the money trail' is an exhortation to the media pundits writing stories usually after they have culminated in a bankruptcy.
2) Those self-same pundits have no equivalent 'follow the credibility trail' such as this intangible concept as it applies to the Justice System quite apart from monetary features. The credibility of the Justice System is an intangible. Due to the unique features of the Employee's Case (Canada) in which this case has seen judicial applications in 8 out of 10 of Canadian provinces, the underlying perfidy of the Justice System has been exposed for a first (and I dare say for a last) time. From that there is no recovery. Hence my moniker: The Outlawed Canadian in an outlaw Justice System due to systematic judicial malfeasance.
3) The action against the Federal Government currently being laid in MB under their quixotic Premier, Brian Pallister, seeks to address the credibility trail by seeking an apology from the government for the abuse noted above. As to compensation? Not the $10 million each paid out to war criminal Arar and others abused by the RCMP & CSIS plus apology; rather it is for a token $1 for judicial abuse plus apology.
4) As all jobs must have a financial figure attached to them, I attached a figure of a non-negotiable $10 million. I notified the Employer, the West Vancouver School Trustees that this amount would increase by an additional non-negotiable one million on Jan. 01-2017. For the Employer, it is a no-brainer. Having the de facto right of denying court oversight of imposed legislation is worth more than rubies and gold to powerful interests everywhere. By paying out this fee, the Final Solution becomes embedded in our culture and laws on a de facto basis.
5) At age 76, with my wife at 74, our end of life matters have been settled - funeral, rest home, safe investments, etc. - and we do not need more money.(Indeed, I or rather my financial agent made good gains for me up to 2015 when I pulled out of the market. I have no desire to monitor further investments.) Our two sons would certainly not turn down a windfall, but the point is that they are both well off and do not need these funds.
6) As the media have limited scope on such as the above story; I developed an analogy on Schrodinger's Cat which can be found on this 2018 website.
7) In a second Schrodinger's Cat analogy, the Employee's Case(Canada) has always been a dead cat dating from B.C. Justice Southin's decision to quash the original arbitration favouring the Employer claiming that the arbitrator had been patently unreasonable for failing to draw a causal factor i.e. `this crime-this perp` which is the basis of all law. All I have done has been to open the box to expose a corrupted and corruptible Justice System much like the recent Harvey Weinstein sexual caper exposed a commonplace event.
8) In a bid to protect Justice Southin to which this clever Employer was able to blackmail for reasons mentioned elsewhere on the main website, the law in terms of over 50 judges committed themselves to protecting their own rear ends at the expense of the rule of law. A judge, in so many words, may not pick up the' judicial ball' and go home without bringing in a judgment, otherwise why have a Justice System at all? That`s what they did in the Employee`s Case. That's why Governor General Julie Payette has to look elsewhere for a solution in the unresolved Employee's Case.
9) One option comes to mind by exploiting the U.S. 14th colony proposition by which Canada was granted the right to join the U.S. as a state; something no doubt many older Canadians would view with horror. What do we gain? An intact legal system where judges and governors have been seen to be incarcerated for their misdeeds. Having to think 'Democrat or Republican' could be no worse than the useless Canadian political parties (individual politicians there to raise funds for the Party and vote 'ready, aye ready') which never spoke out on this national issue. In brief, they failed 'to stand on guard for thee'.
10) Canada is no longer the little engine chugging up the steep incline uttering 'I think I can, I think I can....' rather they are back sliding down the track chugging out...'I couldn't do, I couldn't do....'
11) Since 1985 when U.S. citizens topped the living scale, they have slipped to #10; a loss of face accounting for Trump's desire to make 'America great again'. That will not happen as long as their medical program leaves the poor disenfranchised. Currently, about a third of the cost is going to private insurers which are big supporters of the Republicans. The leaderless Democrats are missing out big-time in their failure to appoint an interim leader (e.g. Joe Biden?) much like the Tories did in Canada after their 2015 defeat.
12) 'Mr. Callow was always willing to help those students who were willing to help themselves' volunteered a former student's observation which I invited him to write after I wrote a recommendation for him to a U.S. University. In today's environment, that's a veiled criticism but not in 1939 when Sir Winston Churchill swayed the British Parliament from collaborating with Hitler (as did the French) thus raining bombs down on London. Due to the resilience of the British people whom had lost relatives due to Churchill's audacious action, he could still walk in the streets to their cheers. That was then, this is now, where other than myself - if ON Justice McKinnon is to be believed, that I was a 'litigant possessed of seemingly inexhaustible stamina' - this legal case has shown that our collective inner fibre is one big marshmallow. Churchill would never have succeeded with his 'blood, sweat, and tears' speech in present day 'selfie Canada'.
13) The above does not include the fact that great strides have been made in Western society particularly with regards to individual racial (Prince Harry & Meghan) and individual religious bigotry (U.S. 'black lives matter' / terrorism / anti-Jewish backlash being an exception) Generosity of Canadians is reflected in their charitable donations in both terms of time and money.
14) Television is our downfall. I label public affairs programs with their 'adult diaper ads' as grandpa time (oh, sure let's include grandma too). The print media will disappear first in our time in which I will certainly miss the comics...the rest not so much. Both media types emphasize the importance of including a younger audience which is clearly not interested in 'responsible' reporting in any event. They would rather watch adults acting out their fantasies on TV. And to think we wonder as to why our young people ape those actions. Further, we cater to our children's desires with the notion of earned success being 'so old hat'. Both our children were brought up to be independent, another old time value, which I am sure they appreciate today as the future lies with their children. Unfortunately, President Trump, while raising the questions regarding 'making Americans great again'; lacks the basic moral principles to effect any such change himself nor do his acolytes seem capable of any such transition. The bully female front person at the U.N. on the Jerusalem Question appears to be the epitome of his approach.
15) For anyone seeking contact, I do not grant interviews preferring to confine my remarks to this website; e-mail or faxed written questions will be taken. Dismissed employees must first have an employment lawyer paid for out of their own pocket ($10,000?) before I respond to their questions. GOOGLE hacking appears to be a harbinger of more serious things in a bid to `snuff two birds with one stone` prompting this Newsletter to be posted on December 24-2017.
16) Martin Luther said it best when he nailed his 95 Theses to the cathedral door in Wittenberg in 1517: PLACARD: HERE I STAND, I CAN NO OTHER (My version shows the silhouette of a frightened figure about to be clobbered with a descending broken roped piano labeled `Justice System`.
BY: Roger Callow employeescasecanada.ca SEE JANUARY-2018
A) As Aristotle once said, there's a stupid corner in the brain of every wise person.
B) '...if they can't determine to stand for their own rights, how will they stand for anyone else's?' Justice Centre for Constitutional Freedoms
C) 'All that will remain is what is written down.' Dictator Robert Harris
1) Imposed Legislation (IL) is nothing more than dictatorship. Democracies would seek to control such actions by making the 'rule of law' paramount; except that is, in Canada's case, where Nova Scotia Supreme Court judge, P. Rosinski, (469918 Nov. 29-2017) shafted the single most important constitutional question raised by this writer by refusing to grant a hearing.
2) As a consequence the de facto situation for powerful interests including government is best expressed by the West Vancouver School Trustee's final solution aka Nazi Germany; If you do not acquiesce to our terms of settlement, you will get nothing at all. That is how Canada lost its Justice System.
3) The source of IL is the 'Order in Council' originally designed to deal with housekeeping chores such as the appointment of a secretary to an M.P. and for which the entire Parliament need not be diverted from bigger tasks for such picayune matters. It was never intended to be put to the use that governments in Canada are doing now.
4) In recent years, IL has been promoted as a means of getting around the laws; that is, imposing such as B.C.'s BILL 35 (1985) for a limited purpose i.e. lay off teachers for economic reasons and then withdrawing the legislation in the 1990's in order to escape any repercussions which happened here. In emerging countries, this type of law is known as 'banana republic justice' which is really no justice at all.
5) Unions and Associations are forever on guard against IL and for good reason. For example, ON sought to impose BILL 115 on its teachers in 2015 and NS imposed BILL 75 on teachers in 2016 leading to their first demonstration in NS history. These bills are 'shoving matches' between the Union leaders on one side justifying their existence and the powerful influences on the other seeking material gain at the expense of teachers at large. No matter how much yelling and shouting goes on, the Union leaders are not going to spend precious resources on a single teacher unless they feel cornered as happened in 1985 with the lay-off of senior teacher, Roger Callow, for reasons of declining enrolment. (In fact, the figures produced in arbitration showed an increase. School Board officials perjured themselves to a willing arbitrator later ruled patently unreasonable when the arbitration was quashed by the courts but here's the hitch...the WVST do not recognize court oversight over imposed legislation.)
6) Recently, ON CUPE won a $56 million settlement for their educational workers in a 5 year legal challenge for an entire group to an imposed piece of legislation but that is rare. What individual, it needs be asked, has 5 years amid onerous legal costs should he or she be dismissed? The only protection is to hire your own lawyer at your own expense to parallel a Union lawyer to protect oneself against the sweetheart deal which pervades almost all dismissals to some degree. Union leaders don't like that one as they are jealous of their powers as evidenced in battling against the establishment of an ON Teachers College in the early 1990's (ON teachers pay two fees). That College was instrumental in driving pedophiles out of the profession; something the Unions were loath to do. Those trials can be expensive as seen by the CBC dismissal of Jian Ghomeshi whom won his case. The Union in that case merely got a big bill.
7) The above CUPE story was limited to the 'collective bargaining rules' while my constitutional challenge affected all imposed legislation whether it be for employees or provincial governments e.g. carbon tax in SK. Earlier, I outlined a scenario regarding Tory Jason Kenny of AB if he wins the next election to curtail teacher salaries by recreating public schools as charter schools where seniority provisions won't exist. Such an approach skates around the Unions and leaves senior teachers (at twice the salary) highly vulnerable. In brief, the professional teachers of Canada have dug their own graves by failing to support my constitutional bid in NS. There will never be another opportunity for Union or Association employees quite like this one where I was bearing all the costs with my Model T 'uber' approach.
8) While still spinning my wheels after 32 years, that is not the case for the Canadian Justice System (this case encompasses 8 out of 10 provinces). It has irrevocably collapsed and in that process has taken down the politicians, the anti-employee media, and the unions; it can't be any worse for a democracy than that. What is worse; the calumny experienced here is being paralleled in almost all aspects of Canada's institutions. In the past, war is the logical next step when a country's institutions go bad...ask city 'guru', Jane Jacobs.
9) I contacted such as the Justice Centre for Constitutional Freedoms for their presence in NS on November 29-2017 as intervener status is all the judges really look at. They chose to ignore me. The alternative was for NS teachers to MAKE NOISE which they failed to do.
JANUARY 05-2018 A)
IT'S ABOUT THE UNIONS... STUPID!.... (Ontario Election June 2018)
1) The Tory Ottawa Sun woke up to the fact latterly that they were preaching to the converted as opposed to attracting added votes. The response from Tory leader, Patrick Brown, was to ape the Liberal 'give-away' thus alienating their primary support organization, the Fraser Institute.
2) Wynne, whose success was largely due to the unions, has extended her mandate by including non-union employees with an increase in the minimum wage category. Brown, by identifying with the business owners, another group in the hip pocket of the Tories, has placed himself at odds with the non-union minimum wage workers.
3) Wynne's message to such as the Cobourg, ON Tim Hortons, run by the founding families, are that they are being bullies against defenseless staff. 'Pick on me', she declaims, 'as I will fight' and not defenseless employees against hours and program cuts. Good rhetoric for Wynne but the issue is not as clear as it seems. Read on.
4) Union workers have always led the vanguard in striking for better job benefits with the non-union organizations settling based on the Union wage; sometimes even bettering the Union agreement without the pain of a strike. Non-union operations gear such things as benefits to keeping the Union out (fat lot of good that did the bankrupt Sears employees for whom the government permitted Sears to underfund their pension contributions to the tune of $300 million plus).
5) Companies are now seeking concessions from employees due to salary increase with such as reduced benefits which is a clear invitation to an organizational run by the Unions.
6) As to the logistics; one has to be wary of media accounts. For example, a decade ago when I had a semi-retirement job with Ottawa Paratranspo (now part of OC Transpo as no-one wanted the sub-contract: e.g. Laidlaw was stuck with a legal case with the Union for two years after they lost the contract. Its successor, Firstbus, like many contractors, found themselves equally impoverished by dealing with 'the big guy').
7) On one bargaining occasion, much was made of drivers working a 12 hour shift (most shifts were 10 hours) without a break. Informally, both the drivers and company wanted it that way as drivers were paid for the breaks that they were able to eek in. However, if the Company called - and consider that there is no hiding place on universal two-way radio for slackers - the driver dropped his snack and went to the assigned pick-up. The odd time, a tightly scheduled driver would request a coffee break which the dispatcher would acknowledge by telling him or her, for example, to complete his current run with the following run being transferred.
8) Whatever the outcome between the Companies and employees, the Union is the one to gain as is the election fortunes of Wynne's government. Without a clear majority which Brown is not likely to get, the Liberals are headed toward a minority government supported by the NDP who are married to the minimum-wage increase. Realistically, the NDP (No Don't Party) should be the successor, but their consistent failure to acknowledge such as the Employee's Case makes a mockery of what they really stand for. This is the third time running for Howarth; a big mistake reflective of NDP inability to create a winning team.
January 05 B)
WHEN IS A DULY RECORDED JUDGMENT NOT A JUDGMENT?
(SEE introductory Would the real Justice McKinnon please stand up?)
QUOTES: A) Washington, D.C.'s commentator, Jack Cafferty 'It's Getting Ugly Out There' (2014)
'...the nonsense that flies out of your mouth during your broadcasts.' Bill
'Well, Bill, let me put it to you this way: the bottom line is that the country and the Constitution either stand for something or they don't. The ends don't justify the means - ever. You are either a nation of laws and you conduct yourself accordingly, or you are not, in which case you can wipe your ass with the Constitution when it's convenient. But you can't pay lip service to these bedrock values and then not live up to them. That makes us no better than any other two-bit government on the face of the earth...We're in the fight of our lives, and many of us don't even know it ...That said, I think the process of corruption or contamination of the media is sinister and subtle...The bottom line is that our government no longer works for us ...What would slow the decline and maybe help reverse it? The American people have to get pissed off enough to start changing it...Why we don't vote much. We're never told the truth. Certainly not by the politicians, and less and less by the sad wreck we call the media.'
My Commentary: Amen, brother . Editor Andrew Potter's Ottawa Citizen owes me a front page apology c/w my web site photo and my 'Titanic Cap' labeled 'Our Courts'
B) 'He knew there were two kinds of truth in this world. The truth that was the unalterable bedrock of one's life and mission. And the other, malleable truth of politicians, charlatans, corrupt lawyers, and their clients, bent and molded to serve whatever purpose was at hand.' Two Kinds of Truth Michael Connelly
1) When this website had been hacked recently, an interesting phenomena revealed that judgments are being altered on the judicial record 'after the fact'. The opening article (JANUARY 2018) caught McKinnon j. and Scott j. in their perfidy. With the appointment of a new SCofC Chief Justice (Robert Wagner), the challenge to judicial credibility has been renewed with this interesting development; the compromised bobbsey twin judges named above were sanctioned in QC and SK courts with the same three panel of SCofC judges much to my vociferous objections. One of those judges was Robert Wagner. Considering that P.M. Trudeau was kept fully informed of these events in QC and SK based on the bobbsey twins escapade, Wagner j. should never have been appointed Chief Justice. Hopefully he does not inherit the mantle of the Canadian Judicial Council (formerly under the aegis of retired SCofC B. McLachlin) which I have called on to re-examine this case along with a request to Wynne's government to examine (re-examine?) the role of ON's Hicks, Morley et al in that caper. Hicks, Morley immediately dropped representation of the employer with my accusation to Justice Minister Yasir Naqvi which was never acknowledged.
2) What was revealed by the hackers was a practice which I believe is far more extensive in its scope than just this one case. What the Justice System is apparently doing after the 30 day appeal time limit, is to 'sanitize' (a new word for the legal lexicon) judgments by changing them to accord more with a desired judicial outcome. Who is going to know? I certainly would not if the hackers had not included a 30 page filed judgment from McKinnon (13-59060) which bore no resemblance to the short written judgment which I received.
3) The failure of the Nova Scotia's Barrister's Society plus Justice Suzanne Hood (458698 - ostensibly for a surety which I did not attend) turned out to be an act of 'commission' by Hood j as both interests failed to examine the 'Book of Authorities' of the Employer which focused, as it did, on the alleged fraud of the two judges from ON.
4) In brief, Hood j. made a mockery of the value of any 'Book of Authorities' considering the background to this case and, when coupled with the added irregularity of the filed 30 page McKinnon j. judgment of which I had never seen receiving instead a short document; have led to the complete collapse of the credibility of the Canadian Justice System. Without credibility, what is any Justice System or, for that matter, any democracy?
5) In checking recently for the published record in NS for Hood's decision and the subsequent Rosinski decision (469918 November 29-2017 constitutional question on imposed legislation) for which I also received a questionable written judgment, I do not see any record of these two decisions on the NS Judicial file. The court notes that oral judgments are not recorded. Did the NS courts 'sanitize' these two judgments by converting them to 'oral' judgments? Presumably an Appeal which I have no intention of filing, would reveal such a fact. An investigative reporter of impeccable credentials could uncover what I suspect is a widespread disorder in the Canadian Judiciary. Until then, no one should trust to the Canadian Judiciary which has far-reaching effects beyond the justice system. For example, no-one should accept the 'Order of Canada' (can you believe, retired SCofC Justice T. Cromwell - one of the '3 birds' who sat along with Wagner on this case in 2017 - is up for such an appointment?) nor should the Governor General hand out such appointments until the Employee's Case is resolved.
CHEATEN' WAYS ...students and administrators
1) Principal charged with test tampering O.S. Jan.06 p. 2 If this had not been the ON Teacher's College, I submit that you would never have heard this story from the Union leaders. That was my problem in B.C. in 1985; there was no Teacher's College to blow the whistle on one crooked administrator which led to this 33 year Employee's Case debacle which has sunk the good ship, Canada...and still remains unresolved with no compensation paid.
2) As to the newspaper issue, apparently the principal, vice-principal and a teacher arranged to have a group of students return to school to 'revise' the government sponsored evaluation tests with 'limited supervision' being told, in one case...'You were never here'. Disciplinary action is being taken by the School Board and College. (normally, the School Board covers for administrators as evidenced in my own senior teacher lay-off for economic reasons under the imposed BILL 35 in 1985.)
3) As to 'games administrators and some teachers including counselors play'; it was a colleague who put me wise in the early 1970's when he told me that he failed a student only to see the student given an 'administrative pass' over the summer months and being placed in a new class in September. I had my own stories but, as one administrator adroitly put it...'I am charged with running a smooth operation'...and smooth it was.
4) To those 'smoothies'; I was one who didn't realize that there is no 'i' in team so they worked around me and when an administrator messed up big time in falsifying my professional Report on Teacher (I caught him) the smoothies decided the best thing to do was hi-jack the B.C. Legislature (imposed BILL 35), co-opt the judiciary (over 50 judges to date in 8 out of 10 provinces plus the SCofC on 4 occasions) to sanction a sweetheart deal between the West Vancouver School Board and the Union. Where oh where was a Teacher's College on that one? MIA as when this body was later created in B.C., they ducked out for jurisdictional reasons.
5) More importantly, the story of a senior Edmonton teacher who pushed '0 means 0' if the work is not done=failure, is germane here. He was dismissed and left fighting for his job. In short, the education system is as badly compromised as is the judicial system plus so many other Canadian institutions...and if the above story is to be believed...we corrupt students younger and younger....
I.Q. & Donald Trump
1) This is a tricky one so I will identify where I am coming from. My deceased sister had an I.Q. of 142; mine much lower but still above average. She died in her outdoor hovel in 2001. Money and drug addiction was not a problem; mental illness possibly so as she always tended to the paranoia side. She was multi-talented with this feature...she never stuck to anything which is dynamite in a world where worldly success depends on choosing one thing and mastering it. For my part, if 'bent' ON Justice McKinnon (2014) is to be believed; I am one with 'apparent inexhaustible energy' in recognition of an inner resilience which even I did not believe that I had. The ongoing Employee's Case Canada where no compensation has been paid in an illicit West Vancouver, B.C. senior teacher lay-off under the imposed BILL 35 has shown otherwise over a 33 year period...and like the Energizer bunny, just keeps on rolling.
2) Trump, whom many writers have labeled anti-intellectual (so am I as are many cartoonists), is what I label 'street-smart'; the kind of person whom might fare well in a street brawl or as a CEO, the Presidency exempted as he lacks the 'learning curve' time - if even that would make the difference - to convert the U.S. Presidency into a 'good cop/bad cop' routine. He holds GRUDGES against anyone who opposes him similar to any bully boy. I was dismissed basically because I stood up against such bully boys.
3) I cannot think of any worse strategy as 'the little guy' than to hold grudges as the powers that be will always manage to exploit them against your welfare. Besides, it is not in my nature. For example, I was sitting in a vacated court dining area sharing a cup of tea with my wife when the District Superintendant in West Vancouver and the one who invoked BILL 35 against me in 1985, Ed Carlin, peered around the doorway so I invited him over to join us. We talked about matters other than the trial. He accorded me that respect by claiming on the stand that I had always acted professionally in my disagreements (pretty well had to considering all my transactions were in writing...a bit like the effect of e-mails today) N.B. all such evidence ignored by over 50 judges.
4) Granted that Trump and I would never share a cup of coffee similar to the above scenario, I do not have a visceral hatred of him which characterizes many thinkers writing in the media. I am puzzled by his persistent grandiose tweets which are alienating an increasing number of voters against him and the Republican Party. Similar to George Washington, he believes that he is the only President able to write his own agenda.
5) Intellect per se means little to me. What I am is a reader, a discipline available to all those so inclined. I will read anything as long as it is well written. If not, I will turn to a superior writer on the same topic. The point here is that anyone can be a reader which means constantly reading (less than 10% of the population and I do not include professionals limiting themselves to their professional journals). Think 'Renaissance Man' in its breadth if you will. Few CEO's or bully boys write books so it is from reading between the lines of others that one must assess their effectiveness. Don't expect to take University courses on that feature as most professors are very sensitive to their intellectual mandates.
6) So, in terms of the snake -if I may use this analogy- I look carefully at the disappearing tail; a Schrodinger's Cat type of thinking. For example, the current Saudi Arabian ruler, seeing that oil has a limited future, wishes to convert his country to a tourist mecca which means a revised cultural approach where religion in government is considered a negative. How much of that trend is due to the presence of Trump if only to accelerate the process? Iran's theocracy is in trouble with street protests as a direct result of the U.S. cutting their aid; again, a Trump initiative. Moving the U.S. Embassy to Jerusalem (I have been to the 'wailing wall' too, Donald, to curse the Canadian Judicial System...what was your beef?) was a Trump initiative which all the intellectuals outside of Israel condemn. To be sure, the old U.N. system of doing nothing was augmenting the problem just as much as Trump is accused of doing. The key to North Korea is Japan which, as a result of WWII, the U.S. has promised a 'nuclear umbrella' which stretches across all of SE Asia. China with its soft power is undermining that approach and appears to be using N. Korea as an 'attack dog'. My prognostication? War, as China has been robbed of its money by billionaire Chinese fleeing the country with their assets. The current leader whom would emulate Mao Tse Tung could easily be assassinated in that process by the 'old guard' which is down, but not out.
7) An additional note for Canada...NAFTA appears dead. Considering that the balance of trade benefits the U.S.; it would appear that they are shooting themselves in the foot unless they have ulterior motives which is in no short supply with President Trump. Unlike the U.S., no governor (premier) nor judge ever goes to jail in Canada i.e. no repercussions for their nefarious actions. It is a fatal flaw and fatally is the Canadian Justice System paying for it.
8) Personal note to Trump: 'For God's sake, what are you doing with this mumbo jumbo over intelligence?'...I can't even find the tail of the snake on this one...you're testing even the patience of a Schrodinger's Cat!
Every so often one comes across a reader whom does get it such as CJ Tyler Retired Sr. Member North Vancouver Jan. 2003:
Regardless, you're missing the point when
it comes to bill 22. What it does to Teachers sets a precedent for what the
government can do to any contract regulated work place. Notice that I didn't
say "unionized", because it doesn't matter whether it's unionized
or not. What it effectively means is that any time the government gets
involved in a contract dispute (whether because it's the employer or because it
has a vested interest), if passed, the precedent set by Bill 22 applies...
contracts can simply be ripped up, rewritten, and imposed at unfair and
That hardly seems democratic, don't you think? Now, once passed, it also means that employers have a piece of law to point to if they feel the need to do the same. It really doesn't matter who the contract applies to, union or non union, passing bill 22 essentially puts ALL contracts up on the chopping block... post negotiation.
Great for employers who don't want to spend as much... not so great for contractors and employees that thought their payment terms were safe until the next contract negotiation. Good luck challenging it.
So you see, it's really not about the teachers at all... it's about the rest of us, who'll be potentially put in a serious bind if it goes through. Union, non union... it doesn't matter.
That was the essence of my constitutional challenge in NS on November 28-2017 i.e. do the courts have oversight powers over imposed legislation? The West Vancouver School Board says no on this 1985 BILL 35 action with over 50 judges willing to obviate the single most important question in Canadian civil jurisprudence...and the anti-employee media are letting them get away with that with their boycott on this national story.
TO: Christy Blatchford via e-mail: cblatchford@postmedia .com
FROM: Roger Callow employeescasecanada.ca
1) Recently my web site was hacked which my techy resolved.
2) In that process, I learned that another 30 page court filed document as seen on the internet (13-59060 C. McKinnon j. Ottawa Judgment April 23-2014) was in marked contrast to the short judgment that I received on April 29-2014 to which I wrote a rebuttal to be heard in the court of Scott j. (14-61592) in September-2014. In the previous week to the trial, and unknown to me, McKinnon j. wrote a second judgment which was the only one Scott would address (when foisted on him in court by Hicks, Morley et al whom had not even filed an appearance). Hence the 30 page Decision mentioned above would be the third judgment written on this case by McKinnon j. The renewed investigation request to the Canadian Council of Judges (now that McLachlin is in retirement) once again goes unacknowledged. Newly appointed Richard Wagner cj was the target of that investigation.
3) Under these circumstances, it is understandable -but not excusable- that the oversight bodies would be most reluctant to publicize this public lie nor does the anti-employee media.
4) The point made above would suggest the problem is systematic as no oversight body - and there have been a number across Canada in this case - will acknowledge any complaint on this level reflective of deep-seated judicial corruption across Canada.
5) The trick here appears to be to write a very narrow judgment thus thwarting any effective Appeal. If there is no Appeal within the 30 day time limit, a second, more comprehensive Decision such as the 30 page one listed above is filed in place of the original thus compromising the entire notion of precedent law on which our legal system is based.
6) Neither myself nor legal counsel was able to uncover Halifax NS 469918 Rosinski j. Nov.29 Decision. SEE Decision and legal letter below.(web: JANUARY-2018 for full account)
7) Are you able to acquire the filed 469918 to compare to the original copy that I received?
Roger Callow 'The Outlawed Canadian in an outlaw Justice System due to systematic judicial malfeasance.
Legal e-mail: Roger, I cannot find it either...You may need to pay an agent in Nova Scotia to pull the court file
ADDENDUM: While the courts awarded costs in ON and QC (Lavery de Billy) to the Employer; no invoice has been received from these two legal outfits. A letter to the West Vancouver School Trustees on that point (copy to the editor at the perverted North Shore News) revealed no answer as to whom paid those bills. Of course, an investigation would have been called by me if such invoices had been received.
POST IN STAFFROOM e-mail colleagues
SUSPENDED VICE-ADMIRAL MARK NORMAN
1)O.C. National Post Edition NP2-3 'It's all part of the Ottawa political game. Information is leaked (some 'leak'; some 'government' aka Winston Churchill) by the government of the day (Old Boys Club - OBC) in a controlled method (media fronts for OBC) to journalists. No investigations are launched (no oversight bodies) because it is all sanctioned (fixed) by the government (supported by the P.M.) Retired naval Capt. Kevin Carle.
2) To be sure, Norman was fingered by his boss, General Vance and Treasury Board's Scott Brison in this caper. '...Because I am coming back...Mark Norman opines. Apparently he stepped on the lobby toes of QC's Davie Shipyard and this is the punishment he receives which is a little like my whistle blowing call in 1985 against the authorities in West Vancouver, B.C.
3) Norman's bravado deserves comment by someone who has been there, done that or should I say, had it done to me. His age mitigates against any effective battle let alone the onerous legal costs unless sponsored by some interests with deep pockets. The Union covered my costs for the 11 day arbitration and later court challenge which, as a young father in 1985, I was unable to cover with my teacher lay-off under the imposed BILL 35 in 1985. The point here is that the court quashed arbitration for failure to draw a causal factor (this perp-this crime), the essence of any court Decision, is not recognized by the Employer as their claim is that the courts of law have no oversight capabilities over imposed legislation (source of my constitutional question in N.S. on November 29 which was thwarted by the courts and yet a question which lies at the basis of all democratic governments).
4) There are two reasons why Norman got a two-page spread whereas I get no media coverage: a) What passes for investigative journalism is nothing more than a 'burial job' for Norman as no-one will read the complete account - I didn't because I recognize the OBC ploys and yet it would be expected that I would go over this account with a fine tooth-comb. In brief, the media is merely protecting its rear end. b) This account does not challenge the operation of the courts which I do directly as there is the issue regarding my teacher lay-off and compensation (nothing paid after 33 years which is acceptable to over 50 judges) and secondly, court corruption. In this latter regard, for example, Ottawa Supreme Court Justice, Colin McKinnon 13-59060 has three decisions extant (2014) on this issue in a fraud without equal which has taken out the courts of ON, QC, SK, and NS. P.M. Trudeau is directly implicated and yet he has seen fit to appoint the compromised Richard Wagner as the new Chief Justice of the SCofC. In brief, the issue is too big for the myopic media used to taking their marching orders from the OBC (see quote in 1).
5) As to public support; Canadians are perhaps best described as those who apologize after someone stamps on their foot.
TO: Hon. David Edy FROM: Roger Callow
B.C. Attorney General self represented litigant
Victoria, B.C. Ottawa, ON
e-mail: AG Minister @gov.bc.ca
cc Premier @ gov.bc.ca 4 pages sent by e-mail
firstname.lastname@example.org (Green Party)
SEE web: employeescasecanada.ca JANUARY 2018-18 for the untold story behind this caper
1) Letter from Christine Lloyd, Legal Administrative Office (Ministry of Justice) dated Dec. 22-2017 and received January 05-2018:
Re: Materials sent to B.C. Premier, John Horgan
We have received your materials in the above noted matter and return same to you.
We are unable to file court documents on your behalf.
2) Of course the Ministry cannot file documents on my behalf as that was not the focus of my request. Unfortunately this type of legal casuistry permeates this case.
3) After 33 years and 50 plus judges, I am no stranger to Registry obfuscation in many courts in the 8 out of 10 provinces where I have sought entry in this unresolved B.C. labour matter dating from the imposed BILL 35 (1985) where no compensation has been paid (now includes 10 years of pension benefits as the West Vancouver School District did not acknowledge my retirement at age 65). Indeed, as appears to be the case here, the Justice System is known to circumvent judges where there are overview powers to using the Registries for the same purpose where over-view powers are virtually non-existent.
4) As an experienced litigator familiar with forms, I believed that I had made the necessary corrections to an ex parte Application requested by the Vancouver Registry only to be met with new demands; one of them nonsensical. That was why I contacted Premier Horgan; to make sense out of these Registry rebuffs. Filing materials I would do on my own but it appears a Ministry official is necessary in this case to facilitate that process.
5) Your predecessor, Suzanne Anton, of the Christie Clarke government, was also unhelpful in this regard. Is that the attitude of Horgan's NDP Party? or Green's single MLA, Dr. Weaver?
6) At root of the legal challenge is disclosure of the West Vancouver School Board meeting notes from June of 1985 which over 50 judges refuse to divulge. If they had, I could have sued the WVSB for fraud in the 1990's and avoided witnessing the implosion of the Canadian Justice System in this case. (SEE JANUARY 18 WHAT JUSTICE SOUTHIN SAW- a first time revelation.)
7) The B.C. Union leaders purloined my copy with B.C. teachers failing to react such as placing all School Districts in dispute until this matter is resolved for, as matters now stand, no individual let alone individual teacher in B.C. can contemplate any legalities with equanimity as matters now stand thanks to your inopportune actions. They appear weak to the Employer.
8) Once again, I call on you or Dr. Weaver to provide the necessary legal support to broach the Registry obfuscation in this case.
(signed) Roger Callow
cc B.C. Teachers
POST IN STAFFROOM - e-mail colleagues
WHAT JUSTICE SOUTHIN SAW...
in 1987 and why she returned the School Board meeting memo notes of June 1985 permitting the Employer to blackmail the Justice System (50 plus judges) into committing harakari (or sapuko). In brief she covered up a fraud and thus made the Justice System a party to it with the West Vancouver School Board capitalizing on her error.
1) What prompted this interpretation is the story of the 10 year old ON Muslim girl plus her 10 year old brother whom on two successful occasions falsified an attack by a male who they claim cut off parts of her hair. The authorities bought it much to their subsequent chagrin.
2) The West Vancouver story relates to the dismissal of senior West Vancouver Secondary teacher, Ken Raison in 1978 for incompetence under Principal Jim Carter (later the Deputy Minister of Education in 1985 when the imposed BILL 35 regarding lay-off for economic reasons was passed). It was used only against this personage when I switched to West Vancouver Secondary School under Principal John Williams in the 1984-85 season for reasons of occasional school changes as recommended by the School Boards.
3) Raison was subjected to a 'silent conspiracy' in which students would egg on their parents to complain about him writing many letters to the administration. Raison had no knowledge of these letters until his trial and therefore was robbed of any rebuttal opportunity. The conspiracy amounted to silently not working thus showing lower marks for which Raison got the blame.
4) That point rankled with administration and staff alike throughout this highly publicized trial (SEE web ORIGINS). Afterwards , principals stated that given similar circumstances, they would decide whether or not the matter of parental letters was worth pursuing; if so, the teacher would be notified, if not the letters would be destroyed. (As good a resolution as any for once a teacher was shown a letter; he would be forced into dealing with the matter which could lead to expensive litigation.)
5) In the third week of September, 1984, I received a note slipped under my door stating that such a conspiracy had been mounted in the summer against me before my arrival and that 'there's nothing you can do about it. God bless.' I notified the principal whom said that he had heard nothing about any conspiracy.
6) In the first week in November, I was called to a meeting by the Director of Instruction (the same one whom pursued Raison) to be shown a pile of parental letters of which he claimed that 'there was nothing in them'. As I didn't trust him, I arranged for one student to appear with us where it was revealed that indeed, a conspiracy had been set up in the summer before my arrival. The Director of Instruction was terrified and tried to downplay that conspiracy notion.
7) It was under these conditions that Principal John Williams sought to put an end to matters by writing a positive Teacher's Professional Report in the Spring of 1985. Since 1978, not trusting to the authorities, I kept everything in writing providing timely accounts (much like today's e-mails for in court, it is a matter of 'what did he know' and when did he know it). As such, administrators were the ones not to reply; an important advantage in court if one has an honest arbitrator or judge.
8) That's when the excitable Superintendent, Ed Carlin (Supt. during the Raison times as well) leaped into the fray and upset William's plans.
9) I was called out of class to a surprise meeting which had the principal, Ed Carlin, and the husband and wife of a student awaiting me. The principal was obviously acting under the direction of the Superintendent although he was ostensibly in control of the meeting.
10) Williams opened the meeting by referring to an earlier conversation with the parents in which they wished a transfer of their daughter from my class (she was weak in all her courses) but did not wish to discuss the reasons with me. They nodded their head 'yes'. The principal was nonplussed as to where to go from there and began to provoke the parents into declaring their reasons. I jumped in at that point and said that Williams had his answer and acknowledged the parents wish not to discuss the matter further. The Superintendant jumped in claiming that I always wanted to meet the parents with complaints so I scored one off on him by saying that we could discuss that feature after the departure of the 2 parents which they did. A frustrated Carlin led me to believe that he was inviting Williams to write a negative Professional Report when Williams had already completed a positive one but not yet filed. When Williams later informed me that he was coming in one more time, I realized it was to change my professional Report from a positive to a negative. I immediately informed the Department of Education in Victoria (Jim Carter) of a possible fraud in the making. It turned out that I was right.
11) When I received my Professional Report, the fifth encounter was heavily negative; the third and fourth encounters remained positive with the first and second encounters completely altered from positive to negative.
12) In arbitration, the first five days were spent falsifying lay-off numbers (which the arbitrator bought into; particularly as no School Board Trustee took the stand to attest to those figures). He was later ruled patently unreasonable when the arbitration was quashed by the courts for not showing a causal factor; the essence of all law. When it was shown that the School Board lawyer, Stuart Clyne, had inadvertently filed my material on Williams cupidity, he asked to re-open the case and for the next 6 days, Williams account fell apart and considering he was under oath, he perjured himself. He went into a quiet retirement 5 years later and the Superintendent was dismissed the following year never to work in the public field again.
13) In brief, Justice Southin saw it all and realized that if I went back to teaching in West Vancouver, all hell would break loose. So she and her judicial cohorts (over 50 plus judges) fell on their swords in a bid to save the face of an employer whom should never have been protected. The disclosure of those minute notes have always been refused me including the action in QC which was devoted solely to this disclosure.
14) The Employee's Case(Canada) is not so much the only one regarding judicial abuse which one can read on a daily basis in the media, rather it is the worst case scenario extant prompting my signature as the Outlawed Canadian in an outlaw Justice System due to systematic judicial malfeasance. From that charge there can be no return for any democracy. The anti-employee media may revel in their silence on this national story but it is to their own destruction as a necessary corollary of this FUBAR debacle.
15) If I owe a debt to any teacher, it is to Ken Raison for 'standing up and being counted' against a corrupt West Vancouver School Board.
ADDENDUM: I did not take the stand as our side believed an honest arbitrator would have limited the arbitration to 'lay off numbers' as implied by Justice Southin in quashing the arbitration asking 'why was this senior teacher being the one selected for layoff'? (no causal factor). Neither the School Board Counsel placed the Trustees on the stand nor did the Arbitrator make such a request for them to attest to lay-off numbers which showed an actual increase which the arbitrator converted to an actual decrease in the same number; even after the Assistant Superintendent responsible for staffing, Bill May, testified that there was no need to lay off any staff in June of 1985 under any scheme and he so advised the School Trustees accordingly. No mention is made of his testimony in either the arbitrator's or Southin's j. Decision but it would be in the memo notes provided to Southin j. The Union lawyer refused to place the Trustees on the stand as I requested - source of sweetheart deal and why I tell all litigants in a position parallel to my own to have your own lawyer paid by you to double track the Union lawyer. He (correctly) claimed that it was up to the School Board to prove their figures and not for our side to disprove their case. Forcing the Trustees to perjure themselves was 'not on the cards'.
Corruption, thy name is the Canadian Justice System for in one way or another, every judicial hearing followed the same pattern outlined above. My Ottawa legal counsel, after condemning the B.C. Labour Board as being patently unreasonable (SEE web site) and seeing the Supreme Court of Canada (for a second time) in 2004 reject a hearing of this case under the heading of 'ultimate remedy' (compensation must be paid whether under the collective bargaining code, BILL 35 terms or some other scheme in law); claimed to me that 'You have exhausted all remedy under the law'. That's when Canada sank to Third World status and has been stumbling along ever since as every court hearing this case has compromised themselves in that process. Carpe diem.
In 2004, under the Access to Information banner, I requested a record of School Board memos in which the above noted June meeting material was conspicuous by its absence. In arbitration, their legal counsel, Stuart Clyne included a memo regarding School Trustee approval of my lay-off which I believe he produced later in July of 1985. (Southin j. was also protecting him). No vote count was shown although it was marked 'carried'. In 1985, only Board Chairperson, Margo Furk and her successor, Mike Smith, voted in favour out of the 5 person Board. Scuttlebuck had it that one of the other 3 trustees was wild about this subterfuge explaining why the Trustees were kept off the stand.
1) 'Why can't politicians admit mistakes?' p.17 (Jan.18-2018) Lorrie Goldstein...for the simple reason that the media - present company exempted of course as you so amply explain - doesn't admit to mistakes.
2) The legal story of Ottawa Superior Court Judge, Colin McKinnon (13-59060) producing, not two, but it turns out three versions of his April 2014 judgment is a colossal story without equal and implies a fudging of the judicial record on a scale hitherto unexamined by the media. That is why the Judicial System is in a state of collapse and yet the media cannot acknowledge that their national boycott on the Employee's Case makes them a willing conspirator...so try putting that in your pipe and smoking it....
3) I doubt very much that Richard Wagner - a prime target in this caper - would ever have been appointed as the new Chief Justice of the Supreme Court of Canada if the media had been doing its job: PLACARD; IMPEACH SCofC CHIEF JUSTICE RICHARD WAGNER
4) With the retirement of former SCofC Chief Justice, Beverley McLachlin, whom looms large in this conspiracy, I renewed my as yet unacknowledged complaint against McKinnon j. before the Canadian Council of Judges (CCofC) along with his cohort Robert Scott j. Both were originally Federal Court appointments explaining the jurisdiction of the CCofC. I also renewed the unacknowledged complaint against Hicks, Morley et al with the Wynne government for their role in this criminal act where the measure of the non-performing AG Naqvi has already been taken. For that matter, so has the measure of NDP's (No Don't Party) Howarth. So the real challenge is for ON Tory leader Patrick Brown to speak out ... I am not holding my breath.
5) There is very little that the Canadian media can write any longer with much credibility with this sword of Damocles hanging over its head.
The Outlawed Canadian in an outlaw Justice System due to systematic judicial malfeasance employeescasecanada.ca