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JULY-2019

 

Roger Callow 

16 July 2019 at 08:34

To: jerry.agar@sunmedia.ca

MESSAGEThis account appears on employeescasecanada.ca  2019 July 16

1) Why are we not firing teachers in Ontario? asks O.S. columnist Jerry Agar p.15 based on other Union workers disciplined for evasive practices including 'Friday and Monday' absenteeism to an abnormal degree.

2) As a permanent teacher in West Vancouver, I was ousted in 1985, not due to absenteeism as I possibly had the best attendance of any teacher (The Union asked me at one time to donate my 'sick leave' - up to 200 days - to those chronically ill teachers, which I did). No, my crime was far worse... whistleblowing in which I got my own imposed BILL 35 (shades of the imposed Carbon Tax) in an unresolved legal matter in which no compensation has been paid for 34 years and counting due to the malfeasance of over 50 judges. Justice Canada collapsed under that load and merely awaits the likes of a Jerry Agar to inform the public of that catastrophe (at the cost of his job!).

3) As a Supply Teacher in Ottawa with 16 years experience in both my postings ending in 2004, I witnessed the Friday-Monday sickness spike and methods used by administrators to curtail it:

a) Lumping Supply Teacher costs into Department budgets did have some savings as some teachers came to school when they should not have. When some Administrative sharpshooter decided to further cut that Department's budget the following year, the teachers said 'to hell with it' and went back to the old model of absenteeism foregoing photocopy costs (later re-instituted)

b) While I have always felt that absent teachers should be paid 85% of salary, I have been told a 'Phoenix' nightmare problem would ensue wiping out any savings in instituting any such scheme. Some teachers consider these 20 days as a 'right' to be added into early retirement. Savings accrue to the School Board in that a new teacher replacing the retiree saves 50%.

c) Requesting a Doctor's letter for Fridays and Mondays did not even get off the ground. Doctors are not available on a single day's notice nor should one with a cold go to the Doctor's Office as per medical advice (and unnecessary costs).

4) As to taking a day off, there are pitfalls for teachers there as well. Returning from absence leads to an increase in marking load and, in some instances (not me); the teacher found all her stickers, equipment, etc. handed out willy nilly by 'popular' supply teachers.

5) Currently, I do not recommend that anyone take up the practice of teaching. Students in QC education faculties are leaving in droves as are first year teachers. School Administrators cannot get Supply Teachers. Similar to the modern police forces with their 'priority policing' (I had a franchise installing home alarms in the 1990's but that is another story); one cannot call on an authority figure and expect decisive action. Teachers are alarmed at increasing violence in the classroom and being blamed in the process for those occurrences. Under those circumstances, expect a deluge of teachers departing the profession.

I certainly could not survive in the current situation for if I witnessed a serious infraction in the classroom, I would call in the administration.(I see these current absentee figures do not include 'stress leave'; something new in my lexicon.)

6) The major question raised by Agar's column which is not answered is whom is going to replace all these fired teachers? The Ford Government has suffered enough slings by acting inopportunely on other topics merely making matters worse at a higher expenditure.

 

Outlaw

 

Outlaw

 

P.S. You reference the legal ON Labour Outfit run by guru Howard Levitt, whom, similar to yourself, has been challenged to write on the biggest labour fiasco - including the ON phase - in Canadian jurisprudence. You are both frauds to that extent regarding your respective silences.

 

JULY 25-2019

FROM THE ARCHIVES

 

JUNE 02-2019  which follows on the 23 page compendium to the Governor General 2019  JUNE 01-2019

TOPIC: IMPOSED CARBON TAX & the employeescasecanada.ca by Plaintiff Roger Callow

t/f 613-521-1739  e-mail: rcallow770@gmail.com    2 pages sent by faxes

TO:

A) Premier Brian King PEI                  (fax) (902) 368-4416 (sent - July 25-2019)

B) Premier Brian Pallister  MB           (fax) (204) 949-1484  (sent - July 25-2019)

C) Premier Jason Kenney AB              (fax) (403) 251-5453  (not sent-July 25-2019)

D) Premier Blaine Higgs NB               (fax) (506) 453-7407  (sent - July 25-2019)

 

MESSAGE:

1) Admonishments to Premier Moe regarding the Carbon Tax by this writer went unheeded before a Premier whom would bring a knife to a gun battle.

2) My thesis is that elements within both the Liberal and Conservative Parties want to make the Carbon Tax the issue in the October election and have conscripted Justice Canada to that end sacrificing, in that process, provincial Premiers.

3) Simply put, the wrong argument is being provided in such as SK and, no doubt, ON of which decision is forthcoming shortly. Skip Sections #91 & #92; focus on the ultra vires nature of imposed legislation. Alice and Wonderland's 'First the Punishment and then the Crime' is the over-riding concept e.g. Parliament before court oversight. The 3-2 split was pre-ordained even before the judges entered the courtroom including the outcome.

4) The only extant case on imposed legislation in Canada is the 34 year unresolved B.C. labour case where no compensation has been provided for in the economic lay-off (read that 'whistleblowing') of senior West Vancouver teacher, Roger Callow in June of 1985 of which arbitration favouring the Employer was quashed by the court in 1986 for failing to show a causal factor. I was left in limbo. The Employer refuses to pay compensation which is mine whether it be under the imposed BILL 35 (B.C. 1985), the collective bargaining process, or general terms of contract. While they lost the Appeal of this case as to jurisdiction of imposed legislation, their subsequent position is that they do not recognize oversight powers of the judiciary even though BILL 35 specifically stated that it was 'in addition to the School Act and did not supplant any provisions therein.' They used it for the wrong reason, sniffed Southin j.

5) Unless this case is heard prior to the Carbon Tax; there is little likelihood that the above provinces will be successful. Even then, it will be an uphill struggle. The last thing a Province should have is a 'conviction' on this level for it remains in perpetuity.

PREMIERS:

6) The best legal argument is to be found in MB material (see web) where I await a response from the court and Premier Pallister. I have not used MB courts formerly. MB did make an offer to the Federal government on the Carbon Tax which was ignored; a strong legal point but, as the Employee's Case and others have shown, strong points go nowhere when faced by such as retired Privy Council clerk, Michael Wernick.. p.1 only shown

 

MESSAGE (JULY 25-2019) 

1) Kenney is left out of this list of 3 as even Calgary businessmen wonder where he is going with anything.

2) The most complete case lies in Manitoba (July 02-2019) against both the Employer & Union

3) If 'Slow Moe' of SK may be the most popular Premier, MB Premier Pallister is the most intelligent but will still get a '3-2' court split against him on the Carbon Tax. In that regard, PE Premiers King (case solely against Union for disclosure) & NB Higgs (unique fraud case against the Employer's lawyer plus 'Saskatooney' Courts) will be lucky to get one judicial vote.

4) As per the Employee's Case, Feds won't have to fulfill terms of C.T. due to no oversight powers available.

 

'Outlaw'