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OPEN LETTER to OTTAWA MAYOR Jim Watson (in election mode)

JULY 6-2018

FROM: Roger Callow  employeescasecanada.ca

cc PREMIER FORD - Registered mail

     Ottawa Citizen columnist Kelly Egan - by mail

     ON A.G. Carolyn Mulroney - Registered mail

     West Vancouver School Trustees - by fax and mail

 

BACKGROUND: As an activist, such as Ottawa downtown plus other venues are no stranger to my 14 years of Protest Placards pillorying the Canadian Justice System and related government functions. For example, I have renamed July 01 as 'Anti-judge Day' as I submit the combined activities (or lack thereof in terms of oversight bodies) of the Judicial System plus allied government bodies in the 'Employee's Case' would deprive Canadians of the right to hold this holiday for failing to 'stand on guard for thee' in a 33 year unresolved labour issue with its genesis in B.C. but now encompassing 8 out of 10 provinces. No compensation has been paid largely due to the cupidity of over 50 judges including 4 inconsequential trips to the Supreme Court of Canada.

 

When NOT to call 911

1) This letter was initially prompted by an incident this morning while on my early morning walk in Alta Vista. The construction fence was breached at the Basil Construction site on Huron Road at 4:25 A.M. As I could hear activity inside,  I immediately contacted 911 and reported the incident. Rather than thanking me for the notice and promising to send a police car to investigate, I got a lot of 'jaw-jaw' to which I told the operator to check the tape before I hung up. Immediately, I received 3 calls from a 416 number; possibly internet lawyer trolls seeking business. At the completion of my walk, I checked the site at 5:35 A.M. where the gate remained open. Normally, the police would contact the contractor to come and lock up.

2) I am no stranger to police inconsistencies. For example, in the 1990's, I introduced an alarm franchise into Ottawa and became familiar with a number of police related episodes.

3) Problems with the RCMP which has never had good leadership including the incumbent, Brenda Lucki, as reflected by how she handled the Employee's Case is typical. No wonder the RCMP has turned to seeking a Union which usually gets in where there is management abuse.

4) Most of the problems relating to the Ottawa police may be summed up as not having sufficient patrols. I do not buy into the argument that more officers are the answer; rather deployment of the current numbers should be re-evaluated. Following are some of the stories on this point.

a) In 1993, a drug addict burgled a house on Alta Vista Drive with a senior woman in it only to follow up with a second burglary across the street of a feisty 90 year-old man (whom my wife reported to the Citizen for verbal abuse of our newspaper delivery son; the only such accusation which was ever made on his paper route). In short order, the police knew the identity of the culprit through fingerprints; but that is not the point of this story. For a week, they had as many as 9 police vehicles parked outside this residence even following it up with door-to-door police calls including our residence two blocks away pretending that they were still looking for information to locate the perp. In short, we were introduced to what has become all too common ...a public grandstanding exercise.

b) I had alarm units installed in Orleans and cannot understand why an Air Force colonel later sentenced to life in prison for murder was not apprehended much earlier. For example, he was known to break into houses while out running at night. A police dog could have run this one to ground with ease.

c) I asked an undercover RCMP individual that in the two weeks he spent on stake-out on a main drag in Barrhaven, did he ever see a police patrol car? (Sometimes police cars may be seen on week-ends when inhabitants are at home.) He answered in the negative. When Chretien was P.M., Insurance Companies wanted to use stethoscopes on suspect containers in the port of Montreal to detect stolen automobiles. They were refused permission. Recently, the same racket was being perpetrated with stolen SUV's in Ottawa presumably to be exported through Montreal. It is not rocket science to check the Bills of Lading of suspect Customs operations. Crooks-1; RCMP-0.

d) In the 1990's Marie Curie Public French School (where my wife was an educator) posted a guard in an upper window due to theft problems of computers. One night a truck showed up and burst through the wall of the computer room. The guard watching above phoned the police who showed up a half hour later after the crime and the departure of the perps. 'But we got the license number of the truck', he told me later (which happened to be stolen). Apparently, the police are in the habit of distinguishing 'property crimes' from 'direct threat to  person' as a means of rationalizin g their slow response times. The fire department are no slouches in this regard. On one occasion I saw four rigs parked outside a house long after the fire was out thus justifying their existence.

e) Recently, we have had a couple of shootings in South Keys which bring the police in large numbers only to disappear a few days later. What I would like to see are regular patrols of mall parking lots at night-time, often next to pizzerias, where drug deals are going down. Perhaps the perps believe that if things are going 'south', they can always run into the restaurant for protection. We do not have daughters, but I would never permit one to work overnight on her own in convenience stores even with door release catches at night. One female employee was attacked recently while awaiting a bus in little Italy late at night. When driving for Paratranspo, drivers were to go up to the door at the Royal Hospital and escort the director to the unit when working late at night. I would also like to see 2-man cars at night as police await  the availability of a second car before heading into a dangerous confrontation.

f) As to the prevalence of drugs and crime; I am adamant against legalization of marijuana believing de-criminalization was required due to the fight against drugs becoming counter-productive. I don't want marijuana growing in our apartment block which I see QC has banned as a policy there. Apparently 80% of the residents in our block support a ban. The modern marijuana is far more potent than the 1970's version. I was almost  T-boned in the middle of a busy intersection the other day while on the green light by a young fellow who was preparing to shoot through the busy intersection on a red light. I hope Insurance Companies ban doped-up drivers from acquiring insurance. The dopers choice of car is a Mercedes...why? Does this Company accept 'cash for cars'?  L.A. is feeling the effects of cannabis freedom as established outlets are going broke with organized crime slipping right under the barrier. San Francisco has become a drug haven with the accompanying public poop problem from addicts without homes. I feel sorry for landscapers in our downtown core forced to contend with this problem. (Disclosure: My older sister died close to two decades ago living on the street in B.C.. Substance abuse and money were not a problem; mental instability probably was which characterizes 80% of those on the street.)

g) I am a NIMBY. Politicians whom do not live in the area give all sorts of guarantees about the safety of half-way houses only to disappear from view when other bureaucrats are told to handle the problem (and don't bother us). Vanier was making a come-back when the Salvation Army decided to build a massive complex for the homeless. In short, these unemployed addicts require an estimated $100 per day to feed their habit which comes from theft in the neighborhood they thrive in..

h) Former Councilor Peter Hume was given a contract for renewing the Byward Market and the Preston Street Market. He has started to build his bureaucracy by hiring others. Why? Is that not what two councilors were hired to do? Local businesses are having to move out with as much as a 40% increase in taxes. However, I am not against hiring people for oversight purposes. For example, the city has hired two people to make sure that money bequeathed to the community gets to its proper destination. When my mother passed away in 1989, her ashes were to be placed in a (closed) cemetery in Vancouver which was being ripped off by a manager later found guilty of fraud. The BBB assisted me in getting a matter straightened which would not likely have happened with the existence of the two oversight employees.

i) Some media accounts describe the Ottawa police internal relations as being toxic of which Mayor Watson appears unabashedly to be in support of the police chief.

 

OUR DYSFUNCTIONAL JUSTICE SYSTEM

QUOTE:  Why don't sharks eat lawyers? Professional courtesy.

 

5) While the Employee's Case Canada is surely the most litigated case in Canadian jurisprudence with over 50 judges stretching over 8 out of 10 provinces, it did not create the decrepitude which permeates Canada's courts, rather, it has revealed the dry rot which has led to the collapse of the rule of law. In brief, the canary in Canada's democratic coal mine is dead. 

6) Currently, I have two actions pending in Ontario on which I have asked Premier Ford and Attorney General Carolyn Mulroney to keep a watcher's brief. Indeed, how Mulroney handles this issue will make or break her as a future potential Prime Minister of Canada.

7) Recently, the outgoing  A.G. Yasir Naqvi, described by two columnists as being the 'worst Ontario A.G. ever' (to which I would concur) ran a judicial system in which the Chief Justice tails were permitted to wag the Attorney General dog. That is the task facing Mulroney. Can she reverse that process. On July 3, I finally received a file number - of sorts - for the $20 million fraud case which I launched against the Board of School Trustees (West Vancouver S.D. #45). There is no statute of limitations on fraud which, while occurring in 1985, now involves judges; particularly one, Colin McKinnon of Ottawa Supreme Court, whom created 3 judgments  (13-59060) in 2014 on the same hearing with none referencing the existence of the other. The oversight bodies concerned ignored the very serious allegations which I made in 2014 on this account. Proper action by Mulroney would be to immediately suspend McKinnon j. until this matter is resolved as he is named in this action and forms a significant role in all provinces where this case has been held. She has the further problem of opening up the enquiry of Hicks, Morley et al with the provincial authorities which played a significant part in this fraud with a second Ottawa Supreme Court judge, Robert Scott (both judges were originally appointed by the Federal Court hence under the jurisdiction of the Canadian Council of Judges.)

8) While different legal entities were used in Ontario and Quebec in allegedly fraudulent material supplied to them by Vancouver's Harris & Co. which no law court or oversight body to date will challenge; I have notified the Employer that any use of this legal outfit will lead to a separate charge for fraud which will land in the hands of A.G. Mulroney. In brief, I don't believe this Employer can get another legal representative anywhere in Canada. I could easily win by default. The first one-hour hearing slated for the third week in September will focus on disclosure; which is the essence of habeas corpus and therefore all law. Much depends on how the Defendant Employer responds. Due to judicial chicanery for 33 years, I have been denied the 'June memo notes' regarding a 'senior teacher lay-off which never was'. The challenge here is directly on A.G. Mulroney and through her, the entire Ford government.

9) The second case for which I have no acknowledgment from the Naqvi government relates to a constitutional question regarding court oversight of imposed legislation. The question is 'case neutral' (the Employee's Case merely being the springboard for this challenge) hence the Ford government has a direct interest in the outcome vis a vis such as the carbon tax which is so beneficial to the Federal government collecting the 15% federal tax. Such a challenge must have a case such as mine as a precursor and that does not exist in Canadian jurisprudence hence the tremendous pressure from the Judiciary to kill this case. It is not working. For example, one must notify the Deputy ministers of the Provinces concerned plus the Federal Government of impending constitutional questions. They merely pick up the telephone and ask the appropriate people as to the outcome hence when they notify me that they will not be in attendance, I have my answer as to that outcome. Significant in that regard is the intervener list. Perhaps Premier Ford is listening in that regard.  Herein lies the grief for the court as every court messes up on this account. And I catch them. Solution? Rewrite the entire Justice System (no legal fraternity need apply) on the model of the Canadian Charter of Rights from 1982.

10) As one example of abuse, a constitutional question (c.q.) similar to the above was fielded in Nova Scotia in 2017. Supreme Court's Justice Rosinski (SEE web site) made no mention in his judgment about this sole topic. I could just have easily been charged with a minor traffic infraction. I called on President Trump to invoke the Magnitsky Act (moral and legal turpitude) against the judge as this Act may not be applied internally; only by other signatories to this Act.

11) Why is this c.q. important? The U.S. serves as a good example. With such as the above declaration as to the suzerainty of court powers; then U.S. interests can insist that Congress oversee any imposed legislation by the President even for national defense.

12) In Canada's case, the Employer is quite blunt: they do not recognize any oversight powers including the courts of law. The fascinating point to be made here is that this was always their argument but it is conspicuous by its absence from all judgments. In brief, the Employer refuses to pay compensation without a court order and that has not been forthcoming. Even presuming a successful suit against the Employer in this case, they are quite justified turning around and suing for the entire amount of the $20 million claim from the government.

13) Why is the Judicial System terrified of this case? Not for the reason one might think. For example, in 2017, ON CUPE won a $55 million lawsuit for its educational workers (which didn't get reported in the anti-employee media) over a 5 year period. At least $5 Million went for legal billable time nonsense as the decision that the Employer broke the collective bargaining rules was, at most, a one day trial. My model T version should attract the all-important Intervener status of Premier Ford as it does not cost him a cent with him getting all the benefits. As matters stand, he is beating his war drum as to a legal challenge to the carbon tax (at least 5 years) which they hope to parlay into votes in the next Federal election. (January is the cut-off time to have a carbon program in place before the Federal government imposes one.) A neutral carbon tax may solve the problem for both sides but that is not what politics is all about.

14) Of interest was a c.q. raised in Manitoba under their 'hippy' Premier whom would rather be hiking in the southern U.S. when he is not running the Manitoba  government from his habitat in Costa Rica. As more money is not really going to make a difference to my lifestyle at age 77, I asked solely for an apology modeled on one given to alleged terrorists. I have since dropped that thinking in that there is no politician capable of giving such an apology including Chrystia Freeland whom blew it - in my estimation - by encouraging a trade war with the U.S. of which significance Canada should see by early September. (She should seek a well-paying NGO position.) Hence the field is wide open for Carolyn Mulroney to become the only politician to warrant consideration to become Prime Minister of Canada. For better or worse, how she handles the Employee's Case, is that determining factor. The first step in that process is to gain control over the Chief Justices.

 

ACTION CALLED FOR

1) In earlier accounts to Premier Ford and A.G. Carolyn Mulroney, I have suggested possible action to be taken against ON Supreme Court Justice McKinnon j. regarding his 3 separate Decisions in 2014.

2) In this account is an inclusion of a Section Misleading Justice of the ON criminal code which I plan to invoke against Harris & Co. of Vancouver should the Employer, the WVST, insist on using the services of this outfit in the upcoming cases in Ontario. Any substitute law firm using the alleged fraudulent material should also expect to be prosecuted under this section. The point here is that due to collusion with the Judiciary in various provinces, Harris & Co. have managed to escape scrutiny for allegedly fraudulent assertions in their factum. By focusing a criminal charge in ON including transgressions from all courts, their perfidy can be exposed.

Misleading Justice (Criminal Code of Canada)

Consent required

(3) No proceedings shall be instituted under this section without the consent of the Attorney General.

*       R.S., 1985, c. C-46, s. 136;

*       R.S., 1985, c. 27 (1st Supp.), ss. 18, 203;

*       1999, c. 18, s. 93.

Marginal note: Fabricating evidence

137 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

 

3) What the Employer can do which would make more sense, is to pursue currently  their c.q. case before McKinnon j. (13-59060) in 2014 which he ignored preferring to rule the whole matter out based on the provision, that as the defendant, I was being frivolous & vexatious. In essence, the Employer represented by Hicks, Morley et al (which since has unceremoniously vacated this issue) was claiming the same thing that my constitutional question would raise; namely, that the Employer has no obligation to recognize oversight bodies regarding imposed legislation such as BILL 35 (B.C. 1985).  Interestingly, BILL 35 does include provisions for compensation which the courts would ignore quite apart from dealing with the propriety of the lay-off. No compensation (includes pension rights) has been paid in 33 years.

4) Of course, the oft denied disclosure of the 'School Trustee June 1985 missing memo notes' will be central to this enquiry explaining why over 50 judges were reluctant to call for this evidence as requested by this litigant many, many times. Indeed, the case in QC focused entirely on disclosure.

5) In the event that the conspiracy is maintained, a second Appeal (first one in N.S. in 2017) will be made to U.S. President D. Trump to invoke the Magnitsky  Act (legal and moral turpitude) as the Act cannot be applied internally in Canada by law. Surely, international justice decrees that such as the Justice System of Canada be held to account for major indiscretions of the law affecting international investors considering that the Canadian courts do not apparently care about Canadian litigants..