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JUNE -2014

OPEN LETTER TO PMO (CANADA)– JUNE.01-2014

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN  and  U.S. NEWS)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29 year unresolved legal case) now known judicially as ‘the cluster-fuck case’ which has been through 8 different court systems. It's Canada’s Watergate - Pulitzer Prize winning author being sought. Canadians awoke in the New Year to a Justice System in tatters and without leaders to rectify this national debacle negatively affecting 35 million Canadians. In brief, the dual debacle of the credibility of the courts is matched by the debacle of government irresponsibility leaving 35 million Canadians in the lurch. Current series is now addressed to the Prime Minister's  Office due to the failure of P.M. Stephen Harper to fire his incompetent Justice Minister and now awaits the necessary leadership to face up to this issue of national importance. The 'find me a court' plea has fallen on deaf ears. I feel like Ralph Nader in 1961 trying to convince the public of dangerous cars (Unsafe at any speed). Who knows, maybe recalling judges and chief judges may become standard fare in the future - just like automobiles. To be sure, the current system is not working.

 

QUOTE:  1) 'Assumption is the mother of all fuckups and has many children.' Always Time to Die  Elizabeth Lowell

2) What is at stake currently in the Employee's Case is the efficacy of case law which is written according to judgements; not factums. Exposing a long standing custom to the ridicule that it richly deserves; the judges are panicking along with the media in exposing one of our great myths...that justice exists under the laws in Canada. Justice Estey (St. Anne-Nackawic) recognized this failure - 'What must be avoided at all costs, is a fundamental deprivation of justice under the law' but chose to structure his answer as though it was not happening all the time which it is. In short, he is warning about being caught out which is, indeed, what the Employee's Case has done hence McCullen's almost hysterical 'This must be stopped. Now.' The judges take care of their own.  The Outlawed Canadian

3) A parallel may be drawn here with the FBI charged with whitewashing CIA Guantanamo Bay activities. (60 Minutes) In taking over the prosecution of detainees in the war against terror, no Defense attorney may make reference to torture under the CIA at pain of going to jail themselves. It's a blatant miscarriage of justice although such would not show up on the sainted judicial record. At least the U.S. media exposed this piece of legal chicanery. Not the case in Canada.

CANADIAN JUSTICE SYSTEM - UNSAFE AT ANY SPEED

2009 version...2014 version would show the wall completed

ANATOMY OF A LEGAL SCAM

1) The media is in a panic. In the debacle which is now our political system, they are even more desperate to hold onto a stable justice system to which they are joined at the hip This series would seriously challenge that invidious relationship. In short, the same thinking that pervades our politicians is reflected in our courts and judges...and that will never do to a media with self-imposed blinkers....

2) SEE TRANSCRIPT-#59060 for a unique rebuttal to Ottawa Superior Court McCullen j. (April 10-2014) or How the justice system was smashed

3) SEE ADDENDUM to this newsletter of a mail-out to B.C. Teachers vis a vis lay-off of teachers with seniority.

4) SEE TEACHERS  FORUM; a must read for legal counsel dealing with lay-off in Canada which won't be found in case study law due to judicial cupidity.

 

B.C. TEACHERS

 

1) The 29 year unresolved  www.employeescasecanada.com  is about to turn with a vengeance on the West Vancouver  Teachers Association in a $6 million dollar lawsuit.

2) In 1985, senior West Vancouver Teacher, Roger Callow, was laid off on June 26 under the conditions of BILL 35; the only teacher in B.C. laid off under this ultra vires legislation after which the Bill was withdrawn before this case was resolved. (banana republic law similar to Ontario's imposed  BILL 115 of 2013)

3) The arbitration favouring the School District in this 'sweetheart deal' was quashed by the courts leaving  this target in a permanent state of limbo. No compensation has been paid (including pension rights). The WVSB Trustees 'Final Solution': 'We are not dismissing you and incurring financial repercussions; rather we are laying you off and if you do not sign a $1 'quick claim' for all outstanding matters, you will not collect your pension'.

4) Hence this legal case has put an end to the Union Movement and the collective bargaining process where B.C. Teachers are anathema to all Union members in Canada.

5) The turn in this case came on an action launched by the Employer on April 10-2014 in Ottawa Superior Court (#13-59060) Ottawa Citizen Apr.26 page 1 in which the Employer made claim that the court should sanction the Employer's claim that they owed no monies in this matter and that all issues be resolved.

6) That part of the claim was refused hence an Appeal (May 14-2014) has been filed by me although only the Supreme Court of Canada can deal with a matter which inextricably involves the WVTA as they are now re-introduced to the case. In short, the Ontario Appeal process is a mere speed bump.

Precedents set by this case:

1) That judges (over 30)will support a discredited employer against an employee.

2) That the Union represents all legalities of a member. (If the Union will not sue an Employer on behalf of an employee, the employee may not.) In short, the 'sweetheart deal' has been sanctioned.

3) That an Employer may curtail salary immediately in any case lodged against them contrary to the collective bargaining rules.

4) That an Employer may ignore a court Order to return to litigation.

5) That Labour Boards are unequivocal supporters of the Employer and Union.

6) That an Employer may refuse a retirement application by an employee as a means of tying up pension rights.

7) Seniority rights are greatly diminished, if not gone altogether.

 

(Get your own lawyer if you are laid off to arrange an 'independent' deal)

 

E-MAIL COLLEAGUES / POST IN STAFF ROOMS

 

OPEN LETTER TO PMO (CANADA)– JUNE.08-2014

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN  and  U.S. NEWS)

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29 year unresolved legal case) now known judicially as ‘the cluster-fuck case’ which has been through 8 different court systems. It's Canada’s Watergate - Pulitzer Prize winning author being sought. Canadians awoke in the New Year to a Justice System in tatters and without leaders to rectify this national debacle negatively affecting 35 million Canadians. In brief, the dual debacle of the credibility of the courts is matched by the debacle of government irresponsibility leaving 35 million Canadians in the lurch. Current series in that void is now addressed to the Prime Minister's  Office due to the failure of P.M. Stephen Harper to fire his incompetent Justice Minister and now awaits the necessary leadership to face up to this issue of national importance. The 'find me a court' plea has fallen on deaf ears. I feel like Ralph Nader in 1961 trying to convince the public of dangerous cars (Unsafe at any speed). Who knows, maybe recalling judges and chief judges may become standard fare in the future - just like automobiles. To be sure, the current system is not working.

 

QUOTE:  1) 'Assumption is the mother of all fuckups and has many children.' Always Time to Die  Elizabeth Lowell

2) aphorism: 'There is nothing more blind than those who refuse to see.' Refusal of Ottawa Citizen to print Right of Reply to April 28-2014 p.1 story.

3) "Who would believe such foolishness?" Myer asked..."Don't you know that foolishness sells, papers, Mrs. Simpson?" Man In The Blue Moon Michael Morris

4) What is at stake currently in the Employee's Case is the efficacy of case law which is written according to judgements; not factums. In exposing a long standing custom to the ridicule that it richly deserves; the judges are panicking along with the media in exposing one of our great myths...that justice exists under the laws in Canada. Justice Estey (St. Anne-Nackawic) recognized this failure - 'What must be avoided at all costs, is a fundamental deprivation of justice under the law' but chose to structure his answer as though it was not happening all the time which it is. In short, he is warning about being caught out which is, indeed, what the Employee's Case has done hence McCullen's j. almost hysterical 'This must be stopped. Now.' The judges take care of their own; the nation be damned.            The Outlawed Canadian

 

June  02-2014

 

TO: Ontario Court of Appeal                              FROM:  Roger Callow

ATTN:  Sandra Therould - Deputy Registrar     208-2220 Halifax Drive

130 Queen St. West                                            Ottawa, Ontario

Toronto, ON  M5H 2N5                                     (613) 521-1739 fax

(416) 327-5022 (Marvin)

(416) 327-6256 fax - sent by fax

 

BACKGROUND

Dear Ms. Therould

1) You do not know what a relief it is to have a court of law in Canada supply the last name of a clerk assigned to handle your business. It's all Marvin, Marilyn, Susan, Eva,  etc.

2) The two specific matters relating to the ON Court of Appeal are:

     a) an Appeal of Costs for Ottawa Divisional Court DC-12-1872 (fee returned) Issue refiled.

     b) an Appeal of Ottawa Superior Court McKinnon j. #13-59060 (April 10, 2004 H.D.)   (partial fee paid)

3) In the former (a), I made application to appeal these costs to the Ottawa Courts only to be told that Toronto was the proper venue. I proceeded to file in Toronto with an accompanying fee which was returned to me with rather vague directions. I reviewed the material and, finding nothing missing from the document, returned the documents to the court where they appeared to have fallen down a black hole. A.G. Meilleur blew me off with a form letter in investigating this aspect. I turned to Hicks, Morley et al to seek clarification from the courts considering the money is assigned to them. There has been no response to even a second request at time of writing. If it is a matter of the fee and or further documents required, please inform me accordingly and I will comply with your regulations.

4) The response to (b) is highly problematic due to the nature of how the action was laid and how the presiding justice acted on it. The Upper Canada Law Society was asked to adjudicate the role of the lawyer in an alleged fraud in which he laid a parallel action to #13-58607 scheduled to be heard May 15-2004 until it was cancelled by Justice McKinnon under #13-59060 (the action laid by Hicks, Morley et al). I am awaiting a response from the Judicial Council of Judges as to that inopportune action on the part of Justice McKinnon as he, one and at the same time, denied me the privilege to continue in an Ontario court of law 'without the permission of the judge' while denying the prospective judge for #13-58607 the right to make that decision due to McKinnon's cancellation. By 'cowboying' #13-58607, he made an horrendous error believing he knew my case to be presented beforehand.

5) The point here is that #13-58607 was going to be completely re-engineered due to the request of  Hicks Morley, et al to discuss all issues which was not the mandate of #13-58607. As such, the Union and Employer are the only two parties that the B.C. courts have decided, in their wisdom, to be recognized in my 'illicit' lay-off from my senior teaching position in June of 1985.No compensation (includes pension rights) has been paid. If the McKinnon court had, indeed, granted this part of the petition, I would be in a position of suing the Union while the Union, in turn, could sue the Ontario courts.  In short, Hicks, Morley should have included the Union in their factum and due to McKinnon j. cowboying #13-58607; I must include the Union at this Appeal stage for a first time adding to the 'cluster-fuck' nature of a case already challenging the basic tenets of a viable justice system which I have accused of systematic abuse by over 30 judges in 29 years of litigation. There is no answer to that charge.

6) Hicks, Morley et al for the Employer also wished the court to declare that no compensation should be paid to this employee in defiance of the collective bargaining arrangement. That adjudication is based on the efficacy of the original lay-off of which arbitration favouring the Employer was quashed leaving me in a state of permanent limbo before 8 courts including the Supreme Court of Canada on two occasions. Justice McKinnon wisely stayed away from acceding to that request which would bring into stark contrast his repeated statement that this case does not belong in an Ontario court. We both agree on that point but how do I get this matter before the Supreme Court of Canada; the only court competent to adjudicate all issues as requested by the Employer? He had no answer as the rules which SCofC Registrar, Roger Bilodeau, has quoted over and over to me, state that the SCofC hears appeals only from the highest court in a Province (Section #40)

7) Hence you may see why the Appeal Court of Ontario is a mere speed bump in this process although I submit they can act on two features:

     a) reverse the $10,000 charge against me by the defendant to pay me $30,000 in maintenance fees (legal skulduggery in answer to the judge's question). Keep       in mind here, as stated in court, Hicks, Morley et al was free to present all their material in #13-58607 without any repercussions from me.

     b) condemn Justice McKinnon's action although it is noted that this aspect of the matter has been forwarded to the Canadian Council of Judges. In this role, I specifically ask that nothing be done to impede a Supreme Court of Canada challenge.

8) If for some arcane reason, the Appeal Court of Ontario at Toronto would seek to duck out of the first challenge regarding costs, I ask that a judge of the Appeal Court sign any such Order given as a means of expediting the SCofC Appeal.

9) The long and the short of it is that our Justice System depends heavily on case law as written by the judges. What happens when that case law is so far divorced from reality that justice under the law fails as has happened with the Employee's Case is an untenable position for any litigant so pilloried. The myopic Ottawa Citizen, in regurgitating the McKinnon j. argument on Page 1 (April 28-2014) not only do a disservice to justice; particularly as they failed to print my Right of Reply  they become an embarrassment to their own notions of professionality...and that will never do.

10) A note on timeliness of Hicks, Morley et al is germaine here. This legal outfit will send material to me at the last minute by a courier service which does not ask for a signature (which is, of course, available). On one occasion, a neighboring apartment where material was left, found its way to my door more by good fortune than to any other cause. In January of 2012, I laid DC-12-1872 in Ottawa solely on the 'MacKenzie Creed' limiting my court access in B.C. where the pecuniary interests of the Employer were not involved. Ten months later and two days before the court confirmation hearing, I learned from Registrar Saikeley that Hicks, Morley was intending to lay a rebuttal. How she had this information is anybody's guess but I promptly notified Hicks, Morley who sent a copy of their rebuttal factum to which I appended a  REPLY25A at the confirmation meeting. While Hicks, Morley attended, surprise of all surprises; they did not file their rebuttal factum. The judge awarded them $10,000 for a 'regurgitated' argument from previous materials at the hearing which, in my estimation, was little more than $2,000 worth of work and did not relate to the judgment brought down which did not reference any case law on the matter of the efficacy of the 'MacKenzie Creed' (one justice - 'Justice Rip van Winkle' even managed to fall asleep in that short hearing which I so aptly pointed out in court.) Due to distance in Toronto, if Hicks, Morley do not file their factums within 5 days of any hearing, I will request a postponement.

11) In bottom line language, somebody is able to walk in the back door of the offices of the Chief Justices in Canada and order up a gullible judge(s). Regrettably for Hicks, Morley, Justice McCullen did not pass the litmus test of being sufficiently gullible for their nefarious schemes. Oh well, if at first you don't succeed, try, try again....Maybe the additional weight of the Union in the Appeal can help tip the scale.

 

Yours truly,  

 

 

Roger Callow (aka 'The Outlawed Canadian')

 

cc  PMO

SCofC Hon. R. Wagner

Hicks, Morley et al  by fax

West Vancouver Teachers Association  by fax

 

P.S. As Hicks, Morley saw fit to include internet material including such language as 'the cluster-fuck case' from my web site into the legal forum without comment from any judge; I have no compunction against using verbatim material from that source as well.

 

June 09-2014

...'After all, in the end, we are the ones running the country.' OTTAWA  SUN  Columnist  John Robson June 09-2014

RESPONSE: 'Oh no we're not! This conclusion on an otherwise insightful history of the role of change in politics appears little more than a pathetic plea to retain the role of the newspaper in that exercise.' Omnibus Bills are one reflection of columnists placed end to end and unable to make any difference.

     The story is also being played out in our courts of law sans newspaper coverage such as with the www.employeescasecanada.com which is currently slated for a third trip to our erstwhile Supreme Court of Canada. Indeed, at this point, the only casualty to be added to the failure of our government and courts in this sad story is that of the media as Canadian journalism is about to take the same trip into oblivion already paved by the other two bureaucracies. It is currently worth the career of any columnist in Canada to disobey their editor's orders by writing on this issue.

     If street heat is any example, I have seen a perceptual slide in the past decade with my picketing downtown Ottawa with my protest posters pillorying government and the courts from a public interest in political events to that of a public only paying attention to matters of star athletes or actors. Organized family team sports and charity runs take up any slack. Face it, the newspaper has become redundant and has little effect on those under 50.

     Western democracy has come to mean 'never holding our leaders responsible' as we merely change them. I will leave the final word to you:

"     As we gape in dismay at surly, impotent legislators, unresponsive, gloomy bureaucrats and one botched grandiose scheme after another to transform some vital part of our lives, perhaps it's time we rethought the basics...'

'The Outlawed Canadian'

P.S. Considering that the last line contradicted the essay; was this appendage made by the editor?

OPEN LETTER TO PMO (CANADA)– JUNE.15-2014

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN  and  U.S. NEWS)

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)

 

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29 year unresolved legal case) now known judicially as ‘the cluster-fuck case’ which has been through 8 different court systems. It's Canada’s Watergate - Pulitzer Prize winning author being sought. ...The 'find me a court' plea has fallen on deaf ears. I feel like Ralph Nader in 1961 trying to convince the public of dangerous cars (Unsafe at any speed). Who knows, maybe recalling judges and chief judges may become standard fare in the future - just like automobiles. To be sure, the current system is not working.

QUOTES

A) aphorism: 'There is nothing more blind than those who refuse to see.' Refusal of Ottawa Citizen to print Right of Reply to April 28-2014 p.1 story.

B) '...I do think that we have lost our guts in many important ways...many reasons. But one basic reason...the corporatization, the politicization and trivialization of news...But he says it often isn't until after the fact that a journalist realizes the significance of the cultural shift they are reporting on. Dan Rather (CBS anchorman) sees shift in reporting  O.C. June 11-2014

C) '...as I see journalism moving from truthful answers to the desire to conform....Tarek Fatah Sun Media columnist June 4-2014

D) What is at stake currently in the Employee's Case is the efficacy of case law which is written according to judgements; not factums....'What must be avoided at all costs, is a fundamental deprivation of justice under the law' (Justice Estey/ St. Anne Nackawic) Estey chose to structure his  answer as though it was not happening all the time which it is. In short, he is warning against  being caught out which is, indeed, what the Employee's Case has done hence McKinnon's j. almost hysterical 'This must be stopped. Now.' The judges take care of their own; the nation be damned. 'The Outlawed Canadian'

E) '...That would be a shame, wouldn't it, Vic? A corrupt opinion becomes law.' The Racketeer

John Grisham

F) In 1969, a Nova Scotia man wrongfully convicted of rape did not make a statement to the RCMP or plead guilty in court as asserted on the written record.

(my underlining)

 

HOW THE CDN. JUSTICE SYSTEM FELL INTO ANARCHY

or,  THE REDUCTION OF THE INDIVIDUAL TO A NON-ENTITY IN LAW

 

MESSAGE:

1) Factums in this case have always started with 'in the beginning...'   Let's reverse that procedure beginning with the current status of the unresolved Employee's Case where no compensation (includes pension rights) has been awarded due to systematic judicial abuse which continually leaves this case in a state of perpetual limbo.

2) In short, Canada is in a state of anarchy due to this rinky dink labour issue drawing into question such basic legal notions as habeas corpus,  there can be no process without judgment, and there must be compensation under the collective bargaining rules.

3) That charge of anarchy includes the role of Parliament which has not seen fit to apply the 'peace, order, and good government clause'of the constitution or the 'notwithstanding clause'.

4) Currently, I am asking for Justice Minister Peter MacKay to assign an officer to walk this case through the Appeal Court at Osgoode Hall as Registrar Huguette Thomson is of little assistance

5) This systematic abuse charge against the judges (of whose decision may be appealed) extends to the Registries (of whose actions may not be appealed. Thomson's letter of June 2 is pertinent here: '...The documents and money order cannot be processed as the initial documents you attempted to file were not accepted by a colleague.' Which colleague? Why?

I suppose that I should count myself lucky. The Appeal Court of B.C. Under Chief Justice Lance Finch never responds to actions that I have laid along with keeping the fee money.

6) The recent decision of Justice C. McKinnon (H.D. April 10-2014 #13-59060 laid by the Employer) is typical of the Justice System ducking out of this issue. This decision is under appeal as well as being forwarded to the Judicial Council of Judges for 'cowboying' this hearing; that is, canceling out a pre-arranged #13-58607 laid by this litigant and scheduled for May 15-2014 which Justice C. McKinnon canceled by second guessing my argument without taking into account revelations made in the April 10-2014 hearing by the Employer forcing a complete revision of my argument. I have appealed this case as well as referred it to the Judicial Council of Judges for what appears to be fraudulent actions on the part of the Employer and Judge. We have yet to see how this body will whitewash this fraudulent action.

7) The Transcript is at marked odds to the judgment; the latter recorded on page 1 April 28-2014 of the Ottawa Citizen. The Citizen refused to print a Right of Reply. In typical 'Judge Judy' fashion, McKinnon continually spoke over me in order to derail my points. He appeared to be one trained to listen with his mouth and, as such, missed key information.

8) The first gross error on the part of the judge is to note that #13-59060 was laid by the Employer as plaintiff and myself as defendant (#13-58607 laid by me is in the reverse order)

As such, his claim stated over and over to me that Ontario was the wrong court for this application should have been made against the Employer as plaintiff rather than against myself as defendant. Rewarding me $30,000 'maintenance money' for this legal tom foolery rather than $10,000 to the Employer to chase me away from the courts would have been more appropriate.

9) He neglected to note the major deficiency of the 'Cullen Creed' (B.C. Supreme Court Justice who, for reasons best known to himself, denied me any access to court; at least in B.C.) The Employer requested in #13-59060, and the McKinnon Decision added the all important 'with permission of a judge' in any future application I might make in court. I had to point out the Cullen omission to him on that point; otherwise, the law becomes anarchy. Hicks, Morley tried to impute reasons to the Cullen Creed which are not extant in that Order or elsewhere in reference making it ultra vires.

10) We seemed to be in agreement that the only court competent to handle this case is the Supreme Court of Canada. 'How do I get it there then'; if the B.C. courts deny me access and the SCofC will only accept an appeal from an Appeal Court? McKinnon j. had no answer.

11) Justice McKinnon confused two earlier rejections to be heard by the Supreme Court on this issue (plus a Third I never knew about) as a final statement on this unresolved issue. At this point, I felt that I had to put the case in the negative: 'Where has any judge stated that this case should not be resolved?  There were two key SCofC rejections. The first was over the universality of Unions e.g. does the Union possess control over such as one's pension? If so, the West Vancouver School Board's Final Solution becomes a reality: namely; 'We are not dismissing you and thereby incurring fiduciary responsibilities; rather, we are laying you off (complete with recall rights) with this admonishment: unless you sign a $1 quick claim for all outstanding issues, you will not collect your pension.'  Beverley McLachlin along with Chief Justice Lamers (d.) signed off on that action. The second in 2004 was far more deleterious: namely, the core belief that there must be an exchange of money under the collective bargaining rules with any lay-off/dismissal (ultimate remedy). That's when Canada was reduced to Third World status and the Union Movement lost all meaning in Canada. This new SCofC Appeal is to be devoted to discussing all issues at the request of the Employer provided I can get the matter past Osgoode Hall Registrar, Huguette Thompson. This issue dates from July 23,2013 and the Cullen Order which produced this current aberration hence all earlier legal material on this case is largely superfluous.

12) If Justice McKinnon was more alert, he would have realized that the goal of the Employer in #13-59060 was to have the court declare that the Employer no longer had any obligations of compensation to this employee; an astounding request as it would force the court to re-evaluate events in B.C. jurisdictions. That request Hicks, Morley et al didn't get as noted above although Justice McKinnon was not railing against the Employer in that regard. That is the point that was to force a major revision of #13-58607. That is the key point which Justice McKinnon overlooked; deliberately so in my estimation. Indeed, if Hicks, Morley had filed their material of #13-59060 as a defense to #13-58607; I would have accepted it. Otherwise, my accusation of fraud must stand.

13) While I always believed that I had access to the courts, the B.C. Courts would only recognize the Employer and Union in this issue. An exception would be if I could prove fraud; a matter which appears to have upset Justice McKinnon as attested to by the transcript. But here's the point; all justices assigned to this case obviate any opportunity which I might have to reveal that evidence in court: e.g. In 2004, under the Access Laws, I obtained a copy of the School Board Order in June of 1985 filed in arbitration marked 'carried' approving of my lay-off without listing the vote count. The 2004 information showed that 2 out of the 5 school trustees approved the motion. Now that the Employer wishes to discuss all issues, the Supreme Court of Canada may do so if the Ontario Registry under Registrar, Huguette Thompson, doesn't block a court appeal of #13-59060. That's where the services of Justice Minister Peter MacKay come in.

14) What was conspicuous by its absence from my Access Request were the secret school board meeting notes requested by Justice Southin who quashed the hearing ruling the arbitrator to be 'patently unreasonable' and leaving me, as it turns out, in this state of perpetual limbo. It was those meeting notes which she returned to the Employer and Union 'because she did not use them' which is the source of my accusation that those two parties were placed in a position of blackmailing the courts into acting as their agents, for if it was ever revealed what she knew and didn't act on, that information could demolish the Justice System. Hence, 'the message' was out to 'deep six' this case, and in Justice McKinnon's words: 'This must be stopped. Now.'

15) The revelation that the Employer in #13-59060 insisted that all issues be discussed; therefore, would of necessity have required the presence of the Union which the Employer did not provide for; something I have done on Appeal under these unique circumstances. I also note in that Appeal, that the Ontario Courts are also to be used as a stepping stone on the way to the Supreme Court of Canada; the only court competent at this point to discuss all issues as the Employer wishes.

16) Interestingly, I have argued in favour of recognizing the 'absolute' nature of the egregious 'Cullen Creed' as the abandonment of this issue by the courts as a means of now collecting my compensation; the back salary portion existing apart from any legal outcomes and can be assigned by any court although the B.C. Courts fell short on that level. That's why I appealed this matter in Ontario under the laws of inherent justice and natural justice.

 

...oh what a tangled web we weave, when first we practice to deceive. The B.C. government was hi-jacked in 1985 with its imposed BILL 35 and the justice system co-opted (gerrymandered arbitrator) to sanction a 'sweetheart deal' between employer and union. All the kings horses and all the kings men over 29 years as evidenced through Case Study Law are attempting to put this humpty dumpty back together again...and - if you like mixed analogies - in the process only managed to kill off the judicial goose that laid the golden justice egg, , but not before they made the law into an omelet.

 

cc  Hon. R. Wagner SCofC

PMO

cc Justice Minister MacKay who is asked to function in absence of ON A.G. Madeleine Meilleur

cc ON Registrar Huguette Thomson whose inadequate June 2-14 letter is forwarded to MacKay

 

P.S. I still have not heard from my appeal of DC-12-1872 of Ottawa Divisional Court for costs re-filed with Osgoode Hall as it appears to have fallen down a 'black hole'. Hicks, Morley et al's assertion that I am some sort of deadbeat in #13-59060  does not jive with the facts.

 

OPEN LETTER TO PMO (CANADA)– JUNE.25-2014

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN  and  U.S. NEWS)

JUDICIAL LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29 year unresolved legal case) now known judicially as ‘the cluster-fuck case’ which has been through 8 different court systems. It's Canada’s Watergate - Pulitzer Prize winning author being sought. ...The 'find me a court' plea has fallen on deaf ears. I feel like Ralph Nader in 1961 trying to convince the public of dangerous cars (Unsafe at any speed). Who knows, maybe recalling judges and chief judges may become standard fare in the future - just like automobiles. To be sure, the current system is not working.

QUOTES:

A) 'What my people say of your office...that your poison has conjealed, and that you have lost the recipe to brew more.' People of the Book  Geraldine Brooks

B) '...I can't help but think insurance companies (and other conspirators-RC) and their lawyers stay up all night trying to dream up ways of defeating valid claims. Fortunately, we have many good judges who stand ready to protect our rights. 'columnist' I pleaded with ON Attorney General Madeleine Meilleur to provide me with an A list judge. I got 'Judge Judy' (Justice C. McKinnon of the Ottawa Superior Court) consistent with the previous 30 other B list judges.

C) '...forgive us our sins for what we have done and what we have failed to do.'

 

LETTER TO ONTARIO PREMIER KATHLEEN WYNNE (3 pages) JUNE 25-2014

PEJORATIVE BACKGROUND

1) Currently two actions are sitting with Registrar Huguette Thomson of the Appeal Court of Ontario at Osgood Hall: a) The first one regards costs of DC-12-1872 (Ottawa) which was re-submitted and of which the court appears to have misplaced. b) The second one has also been re-submitted as an Appeal of #13-59060 where I was the Defendant; to accord more closely with apparent court formats.

2) The above innocuous actions appear unusually eerie when one considers the background to this case in which the issue of my unresolved lay-off as a B.C. Teacher in 1985 is in question in which no compensation exists. The reason for the use of Ontario courts is under the inherent jurisdiction and natural justice clauses for I have had my interests frozen out of the B.C. Justice System with nowhere to turn to in government for assistance. Here's the background.

3) In 1985, as a senior teacher in West Vancouver, B.C.; I was the target of a government conspiracy in which the legislature was hi-jacked ( Imposed BILL 35 much like ON's BILL 115) and the judiciary co-opted (gerrymandered arbitrator appointment) in which the court later quashed the arbitration ruling, as it did, the arbitrator to be patently unreasonable. I was left in limbo which extends to the present day. No compensation (Includes pension rights) has been paid.

4) The first phase of this conspiracy played out with two failed attempts for a hearing at the Supreme Court of Canada (SCofC): the first on the universality of unions; the second in 2004 on ultimate remedy. In effect 'no legal answer became a legal answer' in this kafkaesque world of Canada's Justice System. Canada reverted to Third World status.

5) The second and current phase of this legal debacle began in September of 2010 when I attempted to request the court for salary continuance (cut illegally in November of 1985) while the court finalized this matter with the only two that they would recognize in this issue; namely, the Employer and Union.

6) Because a court docket number (S106059) had already been assigned; a plan was concocted by the conspirators to drop the filing with an un-numbered Judge's Order ("Mackenzie Creed") so that Case Study law would only file a discontinuance implying fault on the part of this plaintiff. It was a disingenuous scheme which undermined the course of justice in Canada and was no doubt organized to thwart a Third Appeal to the SCofC.

7) An Appeal was filed in B.C. Appeal Court (CA038538) protesting this action only to be rejected by a registry clerk returning the documents to the courier as 'unacceptable' for unspecified reasons. Chief Justice Lance Finch never responded to enquiries on this level.

8) The MacKenzie Creed, passed by the judge for reasons best known to herself, required that judicial permission was required for future actions on my part although before which courts were not specified. I then turned to the Federal Court.

9) Use of the Federal Court for the above was highly irregular as two secret hearings were held for which I was not given any notice(T-1386-11). Attempts to use the Federal Appeal Court was  further frustrated by tying things up in red tape at the Registry level.

10) As a consequence,  two hearings in Ontario were held in which Justice Robert Maranger (Ottawa Superior Court #13-54944) did not deal with the MacKenzie Creed so it was the sole matter appealed under DC-12-1872. Both courts had all the ear-marks of a pre-written judgment; i.e. failing to ask the central question; namely, had the Employer abandoned this matter (which would then permit the courts to intervene under the law). The conclusion of the 3-person Divisional Court judgment based on no case law or argument, was that judges of one province cannot over-rule judges in another province. How ridiculous. We use precedents from across Canada written by judges all the time. Surely we can comment on the precedent setting judges accordingly. That matter is being appealed as noted above as to costs for the Employer merely turned up at trial to collect on a ' legal billable time exercise' for they made no significant contribution to the question of a judge's jurisdiction.

11) During the above exercise, a second Judge's Order, the 'Cullen Creed' of July 23-2013 was invoked which barred this plaintiff in total from any court thus smashing the Canadian Justice System. Even the Employer sought 'with permission of a court' for me to proceed in #13-59060 and the subsequent judgment included that phrase.

12) The point here is that both the Employer and the Court failed to comment on the absolute nature of the Cullen Creed hence the ruling gives tacit approval to one of the most pernicious actions of a judge in Canadian jurisprudence. This is how corrupt opinion becomes law if permitted. Read that as anarchy if you will.

13) The purpose of the Employer to lay #13-59060 was to inveigle the court into making a basic conclusion to this case in which the Employer was freed of any financial responsibility.

Of course they would need a dumb judge to approve that stunt which he didn't.Unfortunately, this judge was not dumb enough although I have referred the matter to the Judicial Council of Judges on other concerns. It remains to be seen how that august body will duck out. It was a good gamble for the Employer as they have the judiciary over the proverbial barrel as I have elucidated in other accounts. Without a financial claim, my legal action becomes meaningless.

14) In order to seek a release from this case, the Employer requested in #13-59060 - in a one-hour hearing no less - to discuss all issues pertaining to this teacher lay-off in June of 1985 in West Vancouver, B.C. ; something I certainly have no objection doing but that means another trip to the SCofC as the only body competent to handle this question.

15) Hence my appeal to Osgoode Hall and Registrar Huguette Thomson is to expedite this matter so that those things that they would not be asked to adjudicate could be forwarded on  appeal to the SCofC. The ON Appeal court, in so many words, is a mere stepping stone for this Third SCofC  Appeal. I have kept Justice Minister Peter MacKay apprised of these developments as I do not wish to see a repeat of Registry shenanigans which I have battled with in three other court systems including the Supreme Court of Canada under Registrar, Roger Bilodeau.

16) In the event that Osgoode Hall replicates stall tactics as seen in other courts, I will be asking that you replace Registrar Huguette Thomson.

 

Yours truly,

 

 

Roger Callow 'The Outlawed Canadian' 

 

cc  Registrar Huguette Thomson / Osgoode Hall  by fax: 416-327-5032

 SCofC Hon. R. Wagner

Justice Minister / PMO

 

P.S. If it is money you wish to save, reduce Ontario's 3 levels of courts to 2 which is consistent with all the other provinces. Also eliminate the mish-mash of jurisdictions between Ottawa and Toronto. Use money left over to clean up the violence of the Innes Road Detention Centre.