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JANUARY  2019   employeescasecanada.ca

 

JUSTICE CANADA

 

1) I always make the point that the employeescasecanada.ca , the 34 year unresolved senior teacher lay-off under the imposed BILL 35 (B.C. 1985) did not initiate the perfidy before over 50 judges including 4 unsuccessful approaches to the Supreme Court of Canada; rather, it revealed an extant situation probably since Confederation and before. The Indigenous Peoples refer to it as 'white man's law'. I call it 'rich man's law' as I will detail below.

2) The 1% of the population control the vast proportion of the wealth because they control governments and through them, the courts of law. There isn't a court in the land that doesn't have its grey eminence manipulating matters behind the scenes in what is loosely termed 'the Old Boys' Club. In government, that power is found in the Privy Office in Canada and with the Chief Justices across the land.

3) The pattern is largely concealed from the public although breaches are beginning to appear (i.e. Vice Admiral Mark Norman criminal trial for allegedly disclosing Cabinet information). The linear pattern of lower court trial/3 person Appeal Court/ Supreme Court of Canada where the vast number of civil cases are refused a hearing leaving one with the Appeal Court finding unless that Appeal Court requests the matter to be reviewed at the lower court. Looks good and the media blindly follows the court lead.

4) Lawyers encourage litigants not to speak out as 'it may hurt their case', a truism which is undermined should the Decision go against them...'Oh, it's too late to do anything now, one is told' which is true. That is why screaming like a 'stuck pig' makes better sense including support groups for the purpose. (i.e. the deportation of  university professor Hassan Diab is a case in point in which he spent a few years in a French jail before being returned to Canada in a matter in which he should never have been deported in the first place. I had that selfsame judge- Robert Maranger. Our Appeals were held on the same day. We both lost although the ramifications for the professor were much more dire.

5) The central problem are the Appeal Courts of which I have had my fair share and then some.... They are staffed with judges unsuited to any other appointment, an opinion based on a number of such courts. In one case with the Federal Court, I received my factum back complete with pre-printed stickers reading 'see this'. In short, Justice Canada lawyers prejudge cases and pass the findings along to the respective Appeal Court.

6) Due to the very unique features of the Employee's Case(Canada); this case has been exposed in 6 out of 10 provinces permitting this plaintiff to indulge in an unheard of judicial mechanism of juxtaposing the findings of one province with another. While spinning my wheels to date, that is not the case for Justice Canada of whose credibility collapsed in 2004 when they failed to hear this unresolved case under the terms of 'ultimate remedy'. In short, the judge cannot pick up the judicial ball and go home before the game is played out with a final Decision. But that is exactly what happened in the Employee's Case.

7) In 2013, this plaintiff was expelled from B.C. for 'reasons best known to a judge'; a point reinforced more recently in 2018 by a second B.C. judge, Hinckson Chief Justice, whom followed the exact same pattern quoting the earlier judge. The B.C. NDP Party did nothing on this scurrilous action explaining why I have to pursue the judge for fraud in a different province. Other judges are named for acting fraudulently in this case - notably Ontario -and, as no oversight body will even acknowledge very serious accusations, I include them in factums regarding civil fraud (only the police and crown may apply criminal charges. The RCMP (Montreal Fraud Squad) refuse to seize disclosure with no judge ordering that necessary disclosure to be produced. Habeas Corpus is at the center of our legal system and now that is gone = anarchy

 

CASE STUDY

8) Large developments make a practice of hiring small contractors so, when the time comes, they can cheat them knowing that the small contractors do not have the legal smarts or money to challenge the $600 lawyers hired by the Companies. Such lawyers have social connections with Chief Justices.

9) Snow Plowing contractors are particularly hard hit and a number have left the trade. They all have their 'Apps' which detail the time and location and type of service given which is immediately forwarded to the client. In a court of law, it is not only what you know but the all-important when did you know it.

10) Typical is the condominium which has budgeted for their snow plowing before the season commences, only to learn that mother nature has other ideas and extra services are required which are not in the budget. 'Go ahead', they tell the contractor even if more contracts are signed. But here's the catch...try and collect. 'Oh, the job was not done according to specs, etc, etc... any old excuse not to pay.' One large complex was told that the snow plow operator was refused insurance coverage due to 'annual' claims. For example, one client sued the operation (and snow plower) for slipping on ice only to follow that up in a second year suing because his dog slipped on ice. Insurance Companies rarely challenge such cases as the costs involved are not worth the court challenge = $10,000 for the scumbucket lawyer and $10,000 for the client.

The firm above turned to a new snowplower  who did not know of the insurance restriction. This year they had to get another sucker to do their snowplowing. But 'calling wolf' has its limitations and contractors are getting wiser and turning down some businesses forcing them to do their own plowing...lots of luck with that one; it's a specialty job.   

11) The Case Study referred to above has been before the lower courts for 4 years and is for under $200,000. Legal fees are not much off that amount. The contractor won 'hands down' in the lower court in Ottawa but the matter was appealed to Toronto where the Appeal Court used a one-liner of no intrinsic value to reverse the claim. A large Legal Firm which had made its bones on insisting that bills must be paid to contractors only to see that provision being steadily eroded with succeeding cases. Time to reverse the process so they offered pro bono to sponsor a Supreme Court of Canada challenge which they estimate at $500,000. Now you can see how the Ontario Justice System can brag about 'only 3% of Ontario cases get referred to the Supreme Court of Canada' as though it were a great success story. Nothing could be further from the truth.

12) In that regard, the Supreme Courts (provincial and federally) function much like a lottery. You throw out a bone or two to convince the bettors that the system is on the 'up and up'. The general pattern, however, is for the rich to get richer and the poor to get poorer as no judge likes his Decision to be challenged, something only the wealthy can do. My major crime, in this regard, is that I created a constitutional challenge  factum as good as any legal Company which I call the 'Model-T' version. It was lodged unsuccessfully in Nova Scotia in 2017. If such challenges were accepted, the Justice System would go bankrupt as their modus operandi of legal billable time bullshit would be out the window. Now I confine myself to lower court trials and if inconclusive, I open in a new venue somewhere else couching the constitutional aspect in other legal terms.

14) It is unfortunate, but the message to any Union Employee whom seeks to challenge an Employer Decision in a court of law must hire his own lawyer to double team the Union lawyer. I did that at one point but the Justice System found it easier 'to go over' as MacBeth would put it leaving that lawyer in 2004 pronouncing that 'you have exhausted all remedy under the law.

15) Hence all current activity is related to being of the law of which magazine article is yet to be written although there is a Pulitzer Prize in it for the intrepid soul functioning on an international level considering the national Canadian media boycott on this, the biggest bureaucratic blunder in Canadian history taking out, as it does, our entire Judicial System.  From that there is no return.