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MARCH  2012

 

                 OPEN LETTER TO U.S. NEWS SOURCES - MAR 01/2012 (FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)Pulitzer Prize Potential’

 

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‘Something has to be terribly, terribly wrong with the courts to use the ‘notwithstanding clause’ OPP. LEADER S. Harper 2004

 

QUOTES:

1) ‘…Having first compromised its beliefs, a party finds it is easier to compromise its principles; having compromised its principles, it learns to compromise its ethics; and compromise of ethics, as we have seen in other parties, lead sooner or later to compromises with the law. OC columnist A. Coyne (and when the law continues through a similar process from the reverse direction as evidenced by the Employee’s Case, then Canada becomes a Third World Country. RWC)

2) ‘…Those who hear the call to wear the ashes (Ash Wednesday, to wear the truth of defeat and desolation, for there is no other position from which we can hope to rise.’ OC columnist D. Warren

3) ‘The world was in truth made of jackstraws. The world was very combustible, the human body was partible in ways heretofore unimagined. What held the civilized world together was the thinnest tissue of nothing but human will. Civilization was not in the natural order but was some sort of willed invention held taut like a fabric or a sail against the chaos of the winds. And why we had invented it, or how we knew to invent it, was beyond him.’ Enemy Women  Paulette Jiles

4) ‘…Grover’s marathon struggle has convincingly proven that the human rights guaranteed under the legislation exist on paper only and are, in reality, inaccessible to ordinary Canadians…

The Canadian Human Right Commission is a loser because it continues to follow an outdated flawed system involving incompetent investigations despite repeated disapproval by the UN Human Rights Council…’ Letter to editor O.C. ‘Fixing our rights system Re: Former NRC scientist abandons lawsuit, Feb. 5 (due to judicial procrastination).

5) ‘…Change, he says, “can only be done through the outcry of the people themselves. It’s never going to be done by the people at the top. Part of one’s responsibility is to take on the challenge of the institutions if they’re not serving you. Each individual has the power to make a difference in the course that humanity takes. Architect Douglas Cardinal

6) ‘…Yet the institutions we trust to hold government to account in this country are so weak – well, do we trust them anymore? O.C. columnist Andrew Coyne on ‘Robocall’

 

OPEN LETTER TO U.S. PRESIDENT OBAMA

 

1) All is not well up here in Beaverland, Prez. as now a ‘wide open beaver’ describes the space between the ears of our incumbent Prime Minister.

2) The Last Hurrah in this 27 year kafkaesque saga characterized by systematic judicial abuse in an unresolved rinky dink labour matter before over 30 judges including 3 inconsequential trips to the Supreme Court of Canada was enacted on February 29-2012 when the incumbent Prime Minister – who rules by fiat considering Parliament’s ‘no show’ on this epic story – decided also on a ‘no show’ in the most egregious abuse of due process in Canadian judicial history. And that act was sealed by another even bigger ‘no show’ from the anti-employee Canadian media. It can’t get any worse than that.

3) In effect, Canada sinks to Third World Status as she has lost ‘rule by law’ and it awaits a future 21st century Prime Minister to redeem that status by meeting up with the challenge set before her by the Employee’s Case.

4) In its disingenousness, the courts of Canada would seek to place the above case ‘outside’ the judicial record so that legal textbooks would not make mention of the single most important civil case in Canadian jurisprudence. Law texts will thus be known derogatorially as ‘Canadian textbooks’.

5) Conspicuous by its absence from the anointed judicial record will be the ‘B.C. Justice Anne MacKenzie creed’ appended to this account which, I submit, all those called to the bar should hang their heads in shame as they quote this creed complete with background circumstances.

6) Canadians at large can partipate by acknowleging this government conspiracy by observing ‘Anti-Judge Day every July 1st (Canada’s Birthday) SEE web site. Collective Bargaining employees, in order to authenticate their own agreements, must pillory B.C. teachers to a point where they drop their rogue Union and replace it with one which is devoted to collecting compensation on behalf of all its clients.

7) As matters now stand, an employer may obviate all their financial obligations under the collective bargaining rules by hiding a dismissal behind a lay-off (and, get this, the facts would show that this party was never ‘officially’ laid off by the West Vancouver School Board in June of 1985!) In effect, an employer is now in a position – due to legal chicanery – to tell a dismissed employee; ‘If you do not sign a $1 settlement, you will not be able to collect your pension.’ That is a proposition worth fighting against … but is the rank and file of Canadian employees up to it? If not, the Union movement is dead.

8) Perhaps you would like a photo-op with me, much like that one you had with the Brazilian father in which you state…’I trust the laws of Brazil will address this problem.’ A similar appeal in this case would send a very clear message to U.S. investors about dealing with Canadian courts.

9) As for ‘Human Rights’, Harper would appear to speak out of both sides of his mouth at home and abroad.

10) The ‘MacKenzie Creed’ defies any concept of due process under the laws barring, as it does, this litigant from any court of law for ‘reasons best known to herself’. The ‘with prior leave of the court’ was shown to be a sham when CA038538 filed to contest this decision was blocked at the administrative level, again, for reasons best known to the administrator.

 

Text of MacKenzie Decision: (no court number)

 

IN THE SUPREME COURT OF BRITISH COLUMBIA

Between:                                           Roger Callow                                 Plaintiff

 

and   The Board of School Trustees of School District No. 45 and West Vancouver Teachers Association

                                                                                                                  Defendants

ORDER

BEFORE THE HONOURABLE ASSOCIATE CHIEF JUSTICE (ANNE) MacKenzie    Friday, the 1st day of October 2010

 

THIS COURT, on its own motion, and without a hearing, at Vancouver, British Columbia on Friday, October 1,2010 ORDERS AND DECLARES THAT:

 

1. The Notice of Civil Claim herein is a nullity and is set aside. (S102159 seeking ‘interim compensation’ (delayed salary) belonging to the plaintiff regardless of judicial findings. RWC)

 

2. Roger Callow shall not, except with prior leave of the Court, initiate any proceedings in any Registry of the Supreme Court pertaining to or in any way connected with the subject matter of the proceedings in the Supreme Court of British Columbia Vancouver File Nos. S08723, S075775, S022978, A950147, or pertaining to or connected with the subject matter of his allegations against the Defendents in this action or arising from or related to that subject matter. ( why an unsuccessful appeal was made in The Federal Court  of Canada and the Supreme Court of Canada (third trip) plus a Human Rights rejection which explains why Canada is no longer under ‘the rule of law’. RWC)

 

3. Any document or process filed by Roger Callow in contravention of this Order or any process inadvertently filed or received by the Registry is a nullity. (an unnamed court clerk appeared to be acting a priori by summarily dismissing CA038538 for reasons best known to herself/himself in protesting this action. RWC)

 

4. The Defendents in this matter will not be obliged to respond to any process that is filed by Roger Callow in contravention of this Order or any document or process inadvertently filed or received by the Registry. (how an employer gets away scot free without paying any compensation-includes pension rights-under the collective bargaining rules RWC)

 

                              By the court                  (signed) A. MacKenzie (plus District Registrar)

 

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OPEN LETTER TO U.S. NEWS SOURCES - MAR 01/2012 – pages 3-4

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN ‘Pulitzer Prize Potential’

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com

 

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QUOTES:

1) ‘We pick our own battles, but not to the exclusion of all else’. Cheers, Jim  e-mail from O.C. Columnist Jim Bagnall.  a)Problems arise from deciding which dimensions to attend to, and which to ignore’.  b)We all like simple answers. We don’t like hard jigsaws.’  The Science of Murphy’s Law  Richard Robinson

2) ‘…taught her to question authority and to beware of those restricting notions that passed for conventional wisdom in society.’ Jessica  Bryce Courtenay

3) ‘That’s because you’re marching in the parade. Mother says “Some people march in the Parade of life, some people stand on the curb and watch, and others don’t even know the damn things going on.” Masquerade Gayle Lynds

4) ‘Now that is the first time I think in the history of the Union, perhaps in the history of mankind, that a lawyer has admitted there is something of importance beyond the letter and face of the law…’ Fires of War Bond/Deflice

5) The law is not majestic. The law is what public opinion says it is.’Billy Bathgate E.L Doctorow  

 

THEME:  ‘A good boss was a blessing indeed.’ High Country  Nevada Barr

TOPIC: O.C. article Feb. 28-12 C3  Secretary suspended over letter’ Algonquin worker wrote Citizen …describing work place as ‘toxic’ (about 10x number of outstanding complaints over any other college)

‘…They’re going to pay, I (OPSEU President Warren Thomas) guarantee you, they’re going to pay,’ he said of the college.’They believe they can do whatever you like and how dare you, if you speak the truth?’ ‘She’s not the first person to be suspended by a bad boss for speaking the truth.’ (ref. ‘whistleblower’ role of this author)

 

The facts of Union life:

1) The secretary is a Union steward and therefore receives different treatment from her Union bosses as compared to the rank and file of clients. For example a few years back when Ottawa Paratranspo was being contracted out (no longer), one driver wrote city councillors questioning this concept. He was dismissed with a Union ‘defending’ him – in much the same manner this writer was ‘defended’ by the rogue B.C. Teachers Union - in court, whose Union interest at that time did not lie with the driver .

2) Bill 35 in 1985 was proclaimed as ‘a battle for all teachers’ by the Teachers Union as a means of warding off all other court cases except the solitary one laid against this target. That piecer of chicanery is known to every Union President since 1985 and explains why nothing short of shutting down this dispicable Union is necessary if the Collective Bargaining Rights are to have any meaning in Canada.(role of Precedent law)

3) This rogue union asked the B.C. Labour Board in 2002 for in essence a sanction of the ‘sweetheart deal’ (Laura Parkinson Decision B117/2002 supported up to level of the Supreme Court of Canada which refused to hear this national issue) which gave them full control over a client’s welfare including compensation (includes pension rights). In short, an employer may evade all his financial obligations under the collective bargaining rules by stating: ‘If you do not sign a $1 settlement claim, you will not get your pension’. That situation spells the end of the Canadian Union movement. No major Union leader has spoken against that disingenuous position.

4) The anti-employee media are the gatekeepers for management. For example, they will editorialize against worker strikes but never pillory management in like manner. While they will give recognition to Union leader arguments, they studiously avoid portraying individual clients as more than hapless victims. That is why the ‘bureaucracy’ of the Canadian media has gone the way of the Canadian Judicial System and Parliament as evidenced by the Employee’s Case.  Canada is now a Third World country i.e. one without infrastructure. By failing to ‘study the law enforcers (judges)’, the media has let down Canada and Canadians at large.

5) It now awaits a new 21st century  Prime Minister to meet the challenge set for it by this lead civil case.

6) Where’s Wickileaks and an ‘Arab Spring’ by such as the ‘Occupy Movement’ to do everything possible to remove the rogue B.C. Teachers Union and replace it with one which is devoted to collecting rightful collective bargaining compensation for all employees? (Don’t just sit there and read this…do something, fellow Canadians!...twitter/facebook,etc.) Until action is taken, all Canadian employees will wear a collective yellow streak down their backsides. Management will have a field day in employment negotiations on this basis.

 

What must be avoided at all costs is a fundamental deprivation of justice under the laws.’ Justice Estey (St. Anne Nackawic)

 

page 5

 

March 01-2012

 

TO: Office of the Prime Minister

       ATTN: Future 21st Century Prime Minister

       80 Wellington St.

       Ottawa, Ontario K1A 0A2

 

FROM: Roger Callow  www.employeescasecanada.com  ‘The Outlawed Canadian’

         

INCLUSION: Copy of factum for Supreme Court of Canada from the above plaintiff which was rejected for specious administrative reasons. A copy is supplied here for the information of the next 21st century Prime Minister

 

MESSAGE:

1) As the incumbent P.M. Stephen Harper has chosen to duck this national issue which forces Canada into Third World status, the factum provided above is for future use.

 

2) If B.C. Chief Justice Lance Finch and Associate Chief Justice Anne MacKenzie are not suspended in the above matter euphemistically labelled the Employee’s Case, by March 30-2012, then Supreme Court of Canada Chief Justice Beverly McLachlin should be impeached.

 

3) Should there be no court action as noted in 2), then Prime Minister Stephen Harper should be impeached by April 30-2012.

 

Yours truly,

 

 

Roger Callow (The Outlawed Canadian)

 

N.B. In addition, the Canadian judiciary should be boycotted: do not accept professional awards from them; do not invite judges to speak in public; shun their cultural events.

 

 

 

OPEN LETTER TO U.S. NEWS SOURCES - MAR 08/2012

                   (FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN) ‘Pulitzer Prize Potential’

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com

 

OPEN LETTER TO THE CANADIAN HUMAN RIGHTS COMMISSION

ATTN: Andrea Lyons  ‘Early Resolution Analyst’ (should read ‘blow off artist’)

 

Reference: File Number 11200922 Feb. 27-2012 letter

 

MESSAGE: While I did not expect a sensible response after the initial rejection of my application reflecting that the CHRC is little more than ‘just another pretty Canadian bureaucracy’ weaned on the usual ‘Protect My Rear End’ model of thinking; nonetheless, your letter pinpoints everything which is wrong with Canadian bureaucracies in general.

     While your analysis is no doubt correct in terms of the politically correct mandate assigned to you by ‘the Old Boys Club’; the problem lies in just that source and is referenced by this saying…’In studying the laws, it does not pay to study the law givers’.

     Key to that CHRC mandate is that there must be a reference to federal matters; much like the Federal Court whom was asked to evaluate the action of two B.C. provincial judges. The Federal Court could just have easily ducked the issue as the matter referenced here had, as its genesis, a topic related to a provincial employee. Their conclusion was highly problematic as outlined on the web site and we are no further closer to a resolution of a 27 year unresolved legal matter wherein no compensation has been paid which runs contrary to the collective bargaining rules. In short, an employer may hide a dismissal behind a lay-off with this admonishment: If you do not accept a $1 settlement, then we may withhold your pension rights. That is now the de facto situation in Canada due to precedent law set in the above case which affects all employees, both federal and provincial.

     Yet who is this issue of my seeking ‘interim compensation’ to be appealed? You don’t state. This is money which belongs to this plaintiff despite legal outcomes for he should have been retained on salary until a resolution was found. The case S102159 (Vancouver Registry) pinpointing this request was delisted by Associate Chief Justice Anne MacKenzie without a hearing nor quoting relevant laws and adding, for reasons best known to herself, a ban on this plaintiff from any access to the courts in this case. The appeal to this arbitrary action by this writer, CA038538, was blocked by an un-named administrator  for which Chief Justice Lance Finch was unwilling to confirm as to authenticity. (SEE web MARCH 01-2012)

    In short, we are facing the collapse of the Canadian judiciary and all the Canadian Human Rights Commission can say is `not our department`. Under those conditions, why have a Canadian Human Rights Commission? The Government  should axe this body along with the Federal Court of Canada (for different reasons) as a money saving proposition for neither organization adds to the quality of life in Canada.

     To extend the notion of this human rights debacle, consider this . Presumably, Falun Gong victims of horrendous organ transplant tortures would, under the CHRC rules, be denied representation because they are not federal employees. War Crime tribunals for such as with Charles Taylor and his child warriors could conceivably have no place with the CMRC for similar reasons. Human Rights to be Human Rights is based on discrimination with your list as an addendum NOT some handfisted bureaucratic delineation which would seek to exclude rather than to include any rights under that banner.

     In brief, 34 million Canadians of all  `races, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction for which a pardon has been granted` (CMRC annotated list) are negatively affected by this case for which the CHRC apparently has no mandate.

     One can see with such disingenuous reasoning as the above by the CHRC why  Ottawa Citizen  columnist, David Warren, aptly labels the CHRC as `The Human Wrongs Department’.

                                       

Yours  truly,