'IN HIS OWN WORDS' A National Post exclusive NP1 (3 pages)
1) The following is a comparison between the Employee's Case (EC) employeescsecanada.ca and the first hand account of a (UBC) Creative Writing Professor whom recently won a legal case and compensation.
2) The publication by the NP is unique in that the Employee side of the story is rarely told. Gerry Nott, listed at the top as a senior VP for NP is familiar with both stories.
3) UBC appears to have got an honest judge who has vindicated his account. Without that Decision, he has no standing.
EC I appear to have had the 'other kind of judge' in terms of an arbitrator whose findings favouring the Employer were quashed with him being ruled patently unreasonable. I was left in limbo by over 50 judges over 33 years where no compensation has been paid due to judicial malfeasance which goes uninvestigated to this date. Bottom Line? The Canadian Justice System imploded.
4) UBC operates in the environment of people of legal age
EC As minors, Students are protected by law from exploitation although little was being done in Ontario until the establishment of the Teachers College in the 1990's chased the pedophiles out of the profession.
5) UBC dealt with the peccadilloes of improper relationships - or accusations thereto - between UBC and female personnel at the University.
EC There was no improper relationships between this senior teacher and either students or staff. (The real 'crime' was whistle blowing.)
6) UBC cites 'MC' as being pivotal in the machinations surrounding his case.
EC I cite Jim Carter, Principal of West Vancouver Secondary in 1978 at the time of the expulsion of senior teacher, Ken Raison for so-called 'incompetence'. SEE employeescasecanada.ca 2016 ORIGINS in which the reporter pans that arbitration which Raison lost. Jim Carter was Deputy Minister of Education in 1985 with the passing of the imposed BILL 35 and my lay-off which is now a constitutional question in Ontario affecting 37 million Canadians i.e. the Ford government is protesting the imposed Carbon Tax. In short, do the courts have oversight powers over imposed legislation. The Employer here says no and refuses to recognize any court decision on this matter. Both Raison and myself were targets of student pranks to excite their parents into writing critical letters to the administration. In my case the prank was arranged in the summer before I arrived at the school and was exposed by me in November of 1984 terrifying the administration due to the earlier Raison case. In the U.S. Trump's imposed tariffs are made for 'reasons of national security' hence he would circumvent Congress.
UBC vs EC
7) 2016-UBC fired for irreparable breach of trust All we have is the judge's word that this account was not supported by the evidence.
June of 1985 - EC laid off under BILL 35 for economic reasons. No such notification appears in the School Board year-end meeting notes. In arbitration, Asst. Supt. Bill May, responsible for staffing claims that he did not recommend nor did the School Trustees approve the lay-off of any teacher in June of 1985. That material was conspicuous by its absence from the arbitrator's Report. That is key evidence for the fraud case in late September in Ottawa. I have been refused that disclosure for 33 years due to judicial malfeasance.
8) UBC - witness statements demonized him.
EC - demonized by anti-employee media; particularly the far right wing tabloid, The North Shore News SEE web site RED NECK MEDIA. Senator Duffy and Jian Ghomeshi (CBC employee) both of whom won their cases were also victims of the media being judge, jury, and executioner. It was Ghomeshi's e-mails which won his case and a change of government which saved Duffy's bacon. As the lawyer explained to me due to being pilloried in the North Shore News, The judge did not want to be seen sending an alleged incompetent teacher back into the classroom so she recommended that the Board return employment as opposed to ordering a return which the Trustees rejected in any event because they did not recognize court oversight of the imposed BILL 35. Unfortunately, press silence up to the present is permitting the Employer to get away with this scam. The cost? The implosion of the Justice System.
9) UBC - '...only in fascist states does an allegation equal a conviction, be it in a court of law, a workplace, or a community. Is that how we want our world to work?....'
EC UBC would do well NOT to read my website as that is indeed how it works in Canada.
10) UBC - intervenes to support student victim of sexual assault.
EC -offered assistance to a colleague being targeted due to his Haitian origins. If I had learned of a sexual assault (I was usually the last to know);I would report it to the administration/ counselors. UBC, however, is working in an adult environment with different codes of conduct.
11) UBC - false evidence by accusers who altered stories on more than one occasion
EC - While teacher competency was not in question (BILL 35 was in addition to the School Act and did not replace any part of it, nonetheless, the corrupt arbitrator let 2 grade 8 girl counselors tell 'tattle out of class'. When asked what my reaction was to those complaints; they said that they never knew as the administrators told them that they would deal with the matter. The court, in other words, was remiss in accepting their tattle and the ensuing judge said as much.
12) UBC -'...The events alleged against me simply did not happen....'
EC Standard Jail House talk...'I was framed'. In my case, I was indeed framed and the current fraud charge for $20 million to begin in late September in a one hour hearing demanding disclosure (June 1985 School Board Meeting notes) which has been denied to me for 33 years. It is now a test of the Ford Government and A.G. Carolyn Mulroney which are fumbling the ball to date. I still do not know the status of the constitutional question in which my fee cheque was cashed on April 13 with no file number (ex parte Application) assigned. SEE JULY 12 letter to Ford/Mulroney on website.
13) UBC '...I did not doubt her for a single moment'
EC I do not trust to anyone, including myself. That is why I double check and triple check everything. That is how I catch my opponents out...by constantly coming from behind in a fashion even I had not considered until my 'eureka' moment at 3 A.M. in the middle of the night. Conspirators are amazingly sloppy although the hierarchy feel a necessity to protect them in their stupidities. That bubble is beginning to come apart all over as evidenced by UBC.
14) UBC - multiple complainants appeal to University
EC The University depends on donors and deplores anything or anyone whom disrupts that balance. That is UBC's real crime...he is disrupting that system.
15) UBC - ...Justice Boyd concluded: "I found her a biased witness, who has perceived every minor incident here through her own biased lens...."
EC The judge could just as easily have come to the opposite conclusion. In my case, I have no judicial determination as I am repeatedly discounted for being frivolous and vexatious. In brief, the judges are picking up the ball and going home before the matter has been decided. Why have a Justice System under those conditions? That's anarchy.
16) UBC - 'making a pal of his students'
EC - Major crime for anyone who fraternizes with someone on the job. The problem? The teacher lacks emotional maturity; a cardinal failing as UBC learned rather late much to his chagrin. Particularly troublesome are manager-employee liaisons.
17) UBC - '...The complainant was permitted to have legal counsel present at all interviews with Justice Boyd, while I was not (the collective agreement between the university and the faculty association prohibits it.)
18) EC I am sure UBC is incorrect on this point as the Faculty Association representing him may have legal representation if the other side has it.
19) UBC - '...she was not cross-examined, and I was not permitted to put any questions to her..'
EC Surely the judge has discretion on this level.
20) UBC - 'a lot of heresay' on his 2 year sexual relationship with the complainant. Most judges go to sleep during such 'he said, she said' testimony.
21) UBC - '...I am now not permitted to speak about the arbitration process (as ordered by the arbitrator, but the information in the Boyd Report is legally mine.
EC Under disclosure; I claim the School Board meeting notes which Justice Southin called for and then returned 'because she did not use them' (she covered up a massive fraud) are vital to the fraud charge I have laid. No court in 33 years has ruled against that right...they just don't address the problem. That's why the Ford government including A.G. Mulroney- as opposed to the courts - is now on trial.
22) UBC - '...it has been demonstrated amply that there are many people who consider it unacceptable for me to want justice....'
EC That is the crime; UBC's exoneration convicts many accusers in his place. Similarly any success that I have is an indictment of democratic Canada including government and justice systems...and that will never do....
23) UBC - 'The last two and a half years have been a hell I would not wish on anyone....'
EC After getting the run-around for a couple of years designed to get me into signing an out of court arrangement (now at $12 million although the court case is for $20 million); our family re-located to Ottawa where I continue to vet my case in 8 out of 10 provinces. If the Ford government is not pro-active, I will be forced to seek a new venue with this difference, nobody will trust to a court of law in Ontario. Indeed, the suspension of an ON judge from 2014 in Ontario is called for which characterizes judicial malfeasance in this case.
24) UBC - 'The fact is, no faculty member, staff member, or student is currently safe at UBC - not because of me, but because of how the administration handled allegations against me...In the current climate exoneration is a PR nightmare.
EC The EC has shown the above opinion to pervade all of Canadian society.
25) UBC - 'We have been taken over by a bloodlust in a search for targets of indignation....'
EC Got it in one, bro' The Romans did it best...bread and circuses....
CONCLUSION: UBC may have costly defamation claims to pursue which can last years.