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OPEN LETTER TO U.S. NEWS SOURCES – NOV.01-2013 

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought

QUOTES:

1) ‘Critical thinking is the polar opposite of conspiracy thinking. The former asks you to look at the evidence first, then form a conclusion. Whereas conspiratists come to a conclusion (or belief) first, then look only for the evidence that supports it, rejecting the evidence that doesn’t,even if it is overwhelming. (In cop speak, it’s a race to the phone. RC) Conspiracy vs critical  Letter to Editor Robin Hay O.C.

2) ‘Speak your mind or lose your mind; stand up as a citizen or kneel down as a slave.’ M.Coren Ottawa Sun

3) ‘- because our systems of accountability have grown so weak that it is unlikely those in power will ever be made to answer for their actions…’ An Indictment Of Our Entire System  Andrew Coyne  O.C. Oct. 29-13 A3

4) ‘Johnny, nobody wants to believe in conspiracies anymore. People want to trust the government. They don’t want to believe that corporations run their lives, either. But everything you do and say sends them a message.’

In the Moon of Red Ponies  James Lee Burke

5) ‘I should have seen it coming but like most people who believe that humankind is basically good and capable of conducting its affairs in a reasnable way, I daily avoided the inescapable conclusion that collective stupidity has often been the norm in the long and sorry history of human progress, and that perhaps the soundest argument for the existence of God is the fact that the human race has survived in spite of itself. Ibid

6)PLACARD: TORY PARTY NOT STUPID/BUT STUPID PEOPLE VOTE TORY (that one created a stir on the street)

7) ‘To know what is right and not to do it is the worst cowardice.’

 

MESSAGE: Whack a Mole

1) Anyone in a position of authority knows that every day is crisis day and one day- if you stay in the job long enough- one of these crisis will do you in. It is a bit like being a fighter pilot with an average life length of 19 minutes in battle (each sortie is approximately one and a half minutes) Billy Bishop Goes To War, I saw with the original actors in Vancouver 30 years ago and more recently 5 years ago in Ottawa with the same 2 performers. Billy was taken off his flights to be a conscriptor of new pilots. The authorities badly needed a live war hero for the purpose; not another dead one. Authorities, in short, have a shelf life.

 

2) Which brings me to P.M. Harper who is running close if not beyond his 19 minute flight time. The Senate scandal (see OCT. 27 newsletter has left this bull elephant with a severed tendon and we all know how Mother Nature treats its afflicted. Expect the Tory hierarchy to chase him out in much the same way he chases his detractors out. By leaking information from within – even if it extends to his own family -  the hope is to break his health if he does not back down and resign on his own.

 

3) Many years ago, B.C. NDP Leader, Glen Clarke, was not willing to go so what appeared on his doorstop one night but the RCMP sniffing up his pant leg with the press in tow for alleged spending improprieties. Of course he had to step down in light of a criminal investigation… never to stand back up…so much for Clarke.

 

4) Tory Helena Geurgis, dropped from the caucus and then the Tory Party followed by failure as an independent in the last election, has a legal action against the government who roundly ‘ran a job’ over her in much the same fashion as the 3 Senators charged with misappropriating funds. In a way, the success of the government in her case may be paralleled with ‘Pearl Harbour’ which turned out to be an unmitigated disaster for the Japanese. The 3 U.S. aircraft carriers were at sea that day and they missed the all important fuel dumps. The attack galvanized the ‘pacifist’ U.S. for war. Hence Harper is only acting to form with his ‘let’s show everyone how tough we can be by firing them’ type of logic. In short, he has limited himself to one string to his bow greatly restricting his options. He will not be around for the 2015 election and if he is, the Tories will wish otherwise. PLACARD: TORIES -  SAVE PARTY / DUMP HARPER

 

5) The  general public perception of you, my dear Stephen Harper, is that you are a liar.

 

6) PLACARD: HYPOCRISY / CANADA DOES IT BEST  During World War II, the radio announcer declared:’ The government categorically denies that two British battlecruisers were sunk in the South Pacific.’ ‘Ah’, my mother said, ‘It must be true’ which indeed it was. In short, the people intuit that democracy can ill-afford to tell the truth and, in fact don’t want it..’kindness and lies are worth a thousand truths’. Street heat to my placards want Duffy gone more, I suggest, because they view with horror that the Prime Minister of Canada

lied to them. Get rid of Duffy and you get rid of the problem, so the thinking goes. This facet may also explain why there is no public opprobrium of Wright. PLACARD: RCMP  CHARGE WRIGHT/DUFFY WITH BRIBERY

 

7) It is very difficult to get a change in a judgment as the Justice System does not want to be shown in the wrong. Hence when the Arbitration in my lay-off matter was quashed and the Employer did not return employment as recommended by the court, she ordered the matter back before the same arbitrator which she had condemned as being patently unreasonable. No arbitration was held due to a sweetheart deal between the Union – who was given sole control of this case – and the Employer permitting the Employer to achieve through the back door what they could not obtain through the front door. It cost the conspirators the entire Justice System and the story still has not played out. The Union was in a `conflict of interest`in that they also represented the administrator I had accused of fraud in written materials to Victoria in April of 1985. BILL 35 was their answer.

 

8) Hassan Diab, the Lebanese Ottawa University Professor, shared the same Superior Court Justice, Robert Maranger whose decision I am appealing on November 4-2013 in Divisional Court at 2 P.M. (DT-12-#1872). His Appeal is to be heard on November 13-2013. In his case, he has the active support  of other university professors while to date I have nothing from Canada`s professional teachers. Keep in mind that in no way am I guilty of anything in my lay-off complete with recall rights for which I have no compensation (including pension rights) which flies in the face of any number of `due process` laws because I do not have a court decision. The de facto `West Vancouver School Trustee ``Final Solution``: We are not dismissing you and incurring fiduciary obligations; rather, we are laying you off with this ultimatum: `If you do not accept a $1 settlement of all your claims, you will not receive your pension’. Why would any employee hold Union membership and contribute to a Company pension program under those circumstances?

 

9) How the public service unions may, one and at the same time, unite to battle the Tory government over seeing the stripping of their collective bargaining rights while ignoring the Employee’s Case, must be of considerable bemusement to the Tories.

 

10) If there were a democratic God, He would erect a statute to the ‘Outlawed Canadian’ on Parliament Hill next to those women of the infamous ‘Person’s Case’ fame wherein Canadian employees are now non-persons. The statue would be complete with a blank placard for petitioners to pin their failed petitions; much like a combination Jerusalem ‘Wailing Wall’ and American Viet Nam memorial. Every July 1 (Canada’s Birthday) is Anti-judge Day until the Employee’s Case is resolved.

 

11) PLACARD: CUT AND RUN STEPHEN…AGAINST VETERANS. Stephen may have lost his war in Afghanistan but he sure as hell is making up for it by cutting the benefits of Canada’s military ‘losers’.

 

12) ‘They can get anyone if they really want to’, Long time Vancouver city councillor and mayoral candidate at time I switched to him from the union lawyer, Harry Rankin(d). in the 1990’s. Rankin had early connections with the communist party in Canada and was black-balled by the U.S. McCarthy era in the early 1950’s. Many decades later, he was turned back from Seattle airport back to Vancouver while in transit to hiking in the Himalayas. So why aren’t the Old Boys Club eager to ‘get me’?  Simply put, I have served up the ‘union head’ on a platter to be followed by the ‘judicial head’ so that there is no opposition to an Old Boys Club controlled government. Hence the Unions, the Legal Fraternity and the Media all have a vested interest in the Employee’s Case and apparently don’t know it.

 

13) Any group who would like to support this cause can have a photo taken of their identified group with this PLACARD:WE SUPPORT THE OUTLAWED CANADIAN and fax it to me (613-521-1739). This case is now a matter negatively affecting 35 million Canadians.

 

October 29 – 2013 (& NOVEMBER 1 – 2013)

 

TO: C. Hofley esq.

Hicks Morley et al

by FAX: 613-234-0418

 

FROM: Roger Callow

PHONE/FAX: 613-521-1739

 

REFERENCE: DT-12-1872   Hearing Time November 04-2013  2 P. M.

 

MESSAGE: As my faxes and telephone call go without a response from you, let me re-capitulate events relating to the above hearing:

 

1) As the above appeal was limited by me to the ‘MacKenzie Creed’ affecting my status in various courts of law, the pecuniary interests of your defendant are not negatively affected.

 

2) As no material has been filed by you to this action laid in January, 2013 – at least none of which you have informed me – it was not my intention to make an appearance in this unchallenged case, letting this matter proceed directly to judgment.

 

3) Hence I am puzzled by the appearance of Hicks Morley at the pre-hearing on October 4-2013 in which their request for a two hour hearing was made. Unless you provide material to me before that hearing, I can only conclude that this is to be a legal billable time piece of nonsense, Under these circumstances,I maintain that the court has every right to charge you for maintenance.

 

4) Should you produce material at court, I will question the timeliness of the entry considering the ten month  delay.

 

5) Unless you are able to explain otherwise, I will presume your appearance is to protect your interests on a possible appeal of the Divisional Court in this case. Nonetheless, that could have been achieved without a hearing as I believe you have already taken such precautions.

 

6) Should the court date and time be altered, I would appreciate a confirmation from you as I do not wish a repeat of the Superior Court experience. As you know, you arrived breathless in a ‘hidden away’ court after being paged twice, I submit, in a scam designed to snag me. I don’t believe that I would have been paged twice under those circumstances.

 

Yours truly,

 

Roger Callow

 

cc. Premier K. Wynne

 

November 01-2013  A check with the Ottawa Courts showed:

 

1) Hearing Time for DT-12-1872 is November 4-2013  10 A.M. (note change from Justice DeSousa prehearing assignment of 2 P.M.)

 

2) No factum has been filed by you at court for DT-12-1872 for which I received a copy on October 3-2013, the day before the pre-hearing.

 

3) No response has been filed either for 13-58607. Unless you can tell me the difference between 13-58607 filed by me and 13-59060 filed later by you, I will ask the court to dismiss your action scheduled for Jan. 16-2014 at 10 A.M.and assign `maintenance`.

 

BY FAX  RWC

 

ADDENDUM: Jean Saikeley, Ottawa Court Registrar, telephoned at 8:45 on November 4-2013 to confirm the proper hearing time was for  2 P.M. as per the pre-hearing assignment (not the court assigned time of 10 A.M.) It’s difficult to know who to believe any longer in the Ottawa courts.

 

OPEN LETTER TO U.S. NEWS SOURCES – NOV.10-2013 

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought

 

QUOTES:

1) ‘Democracies need not merely freedom to think and talk, but universal information and vigorous mental training. H.G. Wells  1935

2) ‘Train yourself for freedom or salute and march’ Ibid

3) ‘An open court system is needed to establish the veracity of competing claims…Without openess, justice and security, both fail…need for open trials and transparent evidence. Secret trials give citizens no way to judge competing claims. O.C.  Oct. 6-13 B6

4) Section 15 of the Canadian Charter of Rights and Freedoms says that we all have the right to ``equal treatment before and under the law, and equal protection and benefit of the law without discrimination``.

5) `But then it is only a convention that we obey the law.` Andrew Coyne  Postmedia columnist

6)`Some wags claimed that she wrote up the minutes of a meeting the day before it took place, so he could be certain that everything went as planned. Paths of Glory  Jeffrey Archer

7) `Judges are part of the problem and perhaps in need of reforms as well.` Letter to Editor

 

THEME: In Canada, institutions only speak to other institutions, the myth of the rights of an individual in law are just that as the Employee`s Case shows; a myth. PLACARD: STAY OUT OF A CANADIAN COURTROOM UNLESS YOU FIRST BUY THE JUDGE. The difference between the law in democratic Canada and totalitarian

China is that the Chinese know that they cannot trust to their courts of law.

 

TOPIC : November 4-2013 Hearing Ottawa #DT-12-1872 focusing on the ‘MacKenzie Creed` before co-ordinating judge Madame Pardu; Judge Mr. McCartney; and judge Madame Hennessy (who never opened her mouth)

1) ‘You’re falling asleep’, (he was asleep) I accused Judge McCartney, to the interest and amusement of the other two judges. His irate response reflected a mood, I would type thus: “You’re not telling us anything new about the operation of the justice system, sonny boy, and if you think that one person without the disclosure of the media and a support  group is going to change the justice system, think again.’ He didn’t actually say that, but his manner implied as much. He vented his spleen about Senator Brazeau (me?) revealing his ultra-conservative values when I drew a parallel between Senator Brazeau’s observation that appearing before an investigative committee where the committee had not done their background preparation leaves them bereft of asking pointed questions. This triumvirate was not asking pointed questions and if I were to tax McCartney with this imaginary challenge, his reponse would possibly be: “Look, why should we waste our time reading court material when the answer in political trials, such as this one, has already been written to which we merely append our names.” In many ways, the McCartneys of the Justice System are typical of the type of appointment made to all my cases.

 

2) The presence of the Defendant Employer was gratuitous as he had nothing to contribute on the question of the ‘MacKenzie Creed’ (bars me from court access). Nor would he respond to the central question that I put to him: Is the Employer in this case obligated to pay me compensation in this unresolved legal labour matter? (they are under the collective bargaining rules).If so, how and when?” Pardu’s focus appeared to be on how costs should be allocated. Hicks, Morley et al for the Defendant  gave this disingenuous answer: “As the plaintiff has been declared a vexatious litigant (a little like putting a yellow star on your shirt and sending you into a Nazi courtroom in the eyes of some judges), the best way to discourage him is to pour gobs of money into the Hicks Morley honeypot because – get this - his Employer demanded it!” It’s a great lie if you can get away with it before a gullible court.

 

3) If the court does not quash the ‘MacKenzie Creed’, then the Canadian Justice System crashes in an Ontario courtroom in this, the most significant legal case in Canadian jurisprudence. In short, if a judge may act completely apart from the laws of the land to delist properly laid legal actions so that all that shows on the judicial register is that the case was abandoned; the court Order having effected that change having disappeared down the proverbial black hole, that`s anarchy. More on this topic when the court ruling is received.

 

page 2 & 3

Everyone is wading into the Senate Scandal where 3 senators were suspended (topic also covered in the October 27 newsletter) and the Toronto Mayor Rob Ford debacle so I will have a go as well. I will also comment on the Hassan Diab appeal; the Ottawa University Professor being deported for alleged terrorism in France dating back to 1980 on highly specious evidence. We both share Justice Robert Maranger (Ottawa Superior Court) and both our appeals are being currently heard in Ottawa in Divisional Court.

 

Rob Ford: I don’t wish to be an apologist for Ford, but he is the target of a media paraparazzi attack. Sticking cameras in his face – and in one instance – actually hitting him along with standing on his private property in order to get an irate rejection is typical of this low class media frenzy. The ‘get help’ message is a foil to the real message – get out of politics. Such well-wishers are merely hyping their own self images at the expense of Ford. As to alcoholism, it is rampant in political circles and rarely referred to in the media. Our first Canadian P.M. John A. MacDonald was a ‘drunk’ (terminology of the day) and a newspaper of the time was chastised for referring to his problem. Any number of Federal M.P.’s are alcoholics. Former B.C. Premier, Bill Bennett, got into trouble for referring to those M.P.P.’s who put something other than milk on their breakfast cereal. I’m totally against drug use, but how many medical doctors have an addiction problem? More than we might like to believe. The one who should be dismissed for incompetence is the police chief who had Ford followed and released the tapes suggesting drug connections. Why weren’t those substances checked out and if it was crack cocaine, arrest the Mayor?

 

The Gang of three senators – Brazeau, Wallin, and Duffy   PLACARD: CHICKEN LITTLE SAYS: THE SENATE HAS FALLEN

 

1) Brazeau: PLACARD: SENATOR BRAZEAU RAILROADED Public  image of this First Nations individual is that he is unlikeable which, it would seem, is justification enough for the Senate to give him the boot for a minor transgression regarding his (rightful) refusal to return money regarding his ‘prime residence’ without a proper examination. Spiting Harper, as former Tory, Helena Geurgis has found, can be expensive in court hence the reason why salaries are being stripped from these Senators. Brazeau’s  Senate transgressions were minor and did not justify suspension and deduction of his so-called debt from his salary without due process and , as such, is a slap in the face by this kangaroo Tory Senate Caucus. PLACARD: TORY SENATE CAUCUS GET THEIR ‘POUND OF FLESH’

 

2) Wallin: “I think it’s an extremely sad day for democracy if we can’t expect the rule of law in Canada, then where on earth can we expect it?” (That’s the whole point of the Employee’s Case Canada and the ‘Outlawed Canadian’) Tory Senator, Hugh Segal, who broke with his Party, was right. She paid back alleged funds of overcharging but was still charged retroactively under new rules; a proposition which would never stand in a court of law which she was not likely to see as technically, she did not break any rules (although she is a bit rough on the hired help). Her unanswered plea for ‘due process’ whether inside or outside the Senate is reflective of a legal system which is disappearing down the same black hole as the political system leaving bodies such as the Senate to fill the vacuum by enacting their own ad hoc courts. The one who should be fired is House Senator Marjorie LeBreton, long term politician who was fully aware of Wallin’s trangressions for a few years…and did nothing. But that story doesn’t sell newspapers.

 

3) Duffy: PLACARD: R.C.M.P.  CHARGE WRIGHT/DUFFY WITH BRIBERY The Paraparazzi have done a job on Duffy because he lied to them. Keep in mind, lying to the press is not perjury. Wright is in a very difficult position in offering a bribe; Duffy less so because he did not get any benefit from money which was used to pay for expenses with which Duffy disagreed. Harper’s public statement that he told Duffy to pay his ‘debt’ is sufficient evidence for Duffy to disclaim responsibility other than a rap on the knuckles (as long as he doesn’t get ‘Marangered’). A police charge terrifies Harper as he would have to step aside as P.M. in a criminal investigation hence Duffy’s suspension is to underscore a potential police charge. However, if Harper looks over his shoulder from his pitcher’s mound, he can see such as Jason Kennedy warming up in the bullpen.

 

4) Media: Do not cover the Employee’s Case as they are under a prohibition from their editors plus they are looking over their shoulders to see who the next writer to hit the bread lines will be. Further they do not see the Employee’s Case as a threat to their credibility; something with which I would disagree. On the other hand, they do see Harper’s kicking the PMO under the table as a direct attack on their professional order as most of these PMO people belong to the same communications group. The media, in short, do not want the PMO people to be seen as ‘part of the problem’ like the three senators. For this reason, Harper has to go and they will harrass him on anything and everything until the Party hierarchy sabotage the P.M.by leaking stories to the media so that they can prepare for the next election with a new leader.There’s some poetic justice in this persecution as this is exactly what Harper does with his enemies.  PLACARD: TORIES – SAVE PARTY / DUMP HARPER.

 

5) Hassan Diab He may or may not be guilty of the terrorist attack for which the French government is seeking his deportation to which Justice Maranger bent over backwards (and fell down?) to accommodate. That’s not the question I wish to address here as my angle is a unique one: that both our cases are political as opposed to legal ones. In a political case, the answer is written elsewhere and the judge is a mere accomodating factotum to sign the necessary papers. I have experienced this nonsense many, many times. For this reason, it is important to have capable legal counsel and the support of other groups. Diab appears to have both in terms of colleagues organizing on his behalf and with the assistance of such groups as the Civil Liberties and Amnesty interests. For my part, I turn around in court and I am looking at the same thing as the judges – an empty courtroom. For those who believe that a self-represented client ‘has a fool for a client’; I do have access to legal assistance (one cannot fight such a battle without such help) although I represent my self in court as I am doing things no lawyer is competent to do e.g. adage: ‘In studying the laws, it does not pay to study the lawgivers’ or ‘In the halls of justice, all justice is in the halls’. Further, no lawyer in his right mind will tackle a judge in open court as I did last Monday for falling asleep knowing full well the John Grisham message that such a lawyer will be gunned down in all his future cases before the court. Falling asleep is far more common than one might believe as it happened in the original arbitration in 1985 in this case with an Arbitrator who is now getting ‘the long sleep’ without interruption. That is breaking ground tactics but the media apparently have no idea how to handle it. Reading between the lines, both Diab and myself will lose our respective cases although I am not surprised considering the politics of these issues. I am on record that if the 3 Appeal Court judges for DT-12-1872 do not quash the ‘MacKenzie Creed’ which makes a nonsense of all judicial process, Premier Kathleen Wynne must remove them from the bench on pain of sacrificing her position as Premier. More on this later.

 

OPEN LETTER TO U.S. NEWS SOURCES – NOV.17-2013 

                                                (FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’ www.employeescasecanada.com  (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’. Canada’s Watergate- Pulitzer Prize winning author being sought

 

SUPREME COURT OF CANADA – DISNEYLAND

QUOTES:

1) ‘Something has to be terribly, terribly wrong with the courts to use the ‘notwithstanding laws’ Stephen Harper 2004  “There is, Prime Minister, there most certainly is” The Outlawed Canadian

2) ‘When the law itself starts to fuck you over, who you gonna call? Amnesty International? The U.N.?’    Black Water Transit  Carsten Stroud

 

From letters to the Defendant School Board: rep. Hicks,Morley et al of Ottawa

Oct. 29-2013

MESSAGE: As my faxes and telephone call go without a response from you, let me re-capitulate events relating to the above hearing:

1) As the above appeal (DT-12-1872) was limited by me to the ‘MacKenzie Creed’ affecting my status in various courts of law, the pecuniary interests of your defendant are not negatively affected.

6) Should the court date and time be altered, I would appreciate a confirmation from you as I do not wish a repeat of the Superior Court experience (12-54944). As you know, you arrived breathless in a ‘hidden away’ court after being paged twice in, I submit, a scam designed to snag me. I don’t believe that I would have been paged twice under those circumstances.

Nov. 08-2013

2) Please consider this letter as official sanction for the Defendant to apply to a surety held in the B.C. Appeal Court with approximately $7,000 still in that account. I give my full legal support to the extent that I am recognized as an entity before the B.C. Courts to this request. Any additional sums to be added or subtracted is recognized.

4) The Vancouver Branch of the Employer, in league with the Union, have already accessed this fund to the tune of approximately $3000 in an action where I had no court standing and objected as such. The appeal on that action is on its way to the Supreme Court of Canada for while the MacKenzie Creed bound me from entering court; no such stricture applied to anyone filing against my interests which raises a constitutional question of national importance regarding court access. Of course, that is not the case in this current application as I give full support to your application.

5) I mention the above point here because those funds are frozen to which I have no access as I have no status in B.C. courts due to the MacKenzie Creed. I would rather the Defendant  receive those funds in payment as opposed to seeing these monies end up in the Judge’s Xmas fund.

 

THE SUPREME COURT OF CANADA APPEAL TO #DT-12-1872 (DIVISIONAL COURT/OTTAWA BEFORE JUSTICES

PARDU/MCCARTNEY (the judge who fell asleep and I awakened much to the amusement of the other two)/HENNESSY

QUOTE: ‘No further proceedings arising out of or pertaining to the 1985 termination of your employment with the West Vancouver School District will be permitted to be brought in this Court. In addition, no further leave applications (my underlining) pertaining to the same events may be brought by you. You must accept the finality of this outcome.’ Austen Cullen  Associate Chief Justice B.C. Supreme Court  July 23-2013

 

This ‘Cullen Creed’ is the subject of a court case in Ontario Superior Court #13-58607 where I am prepared to accept the Cullen Creed as absolute abandonment by the court of this unresolved legal matter where no compensation (includes pension rights) has been received in this 28 year legal saga. In short compensation may now apply. While we do not know the legal connection to the MacKenzie Creed now on appeal in the Supreme Court of Canada; nonetheless, the ‘with leave of the court’ provision from that Creed was hamstringing this case in that the court did not deny that a judicial answer could be sought (thereby keeping the system of law intact). The Cullen Creed removes all doubt. Constitutionally, it means the collapse of the Judiciary as the central question raised here is why should we have courts in the first place if they are not prepared to give judgments. ‘No legal answer cannot be a legal answer’ in a democratic society – that’s anarchy. (Ironically, while fighting to eradicate the MacKenzie Creed, I am prepared to accept the Cullen Creed as now compensation may flow but that is the topic of #13-58607.) Clearly, these two judges have gone ‘off the farm’ and continued sanction of their Orders reduces Canada to the status of a Third World.

 

1) Due to SCofC Registrar Roger Bilodeau and his merry horde of clerks clutching their Robert’s Rules of Order, I am only permitted at this stage to contest DT-12-1872; #13-58607 protesting the ‘Cullen Creed’ will presumably follow.

 

2) The nonsense outlined above heralds back to the second appeal to the SCofC in 2004 which was not heard. In that appeal, it was noted for a first time that a conspiracy of the judicial process existed apart from the original alleged conspiracy in which the B.C. government  was hi-jacked (BILL 35 legislation used only against this personage and withdrawn before  this case was resolved = banana republic justice) and the judiciary co-opted (gerrymandered government arbitrator later labelled ‘patently unreasonable’ after the court quashed the arbitration) to sanction a ‘sweetheart deal’ between Employer and Union in a scam without equal in Canadian Jurisprudence. This target was left in limbo without any compensation in defiance of the collective bargaining rules.

 

3) There is little point to asking any court to fulfill their mission as 7 courts have clearly shown their ineptitude in doing their job. For this reason, I am not requesting a full hearing of the Supreme Court of Canada. Rather what I want is a court order giving me full status in any court to pursue a finalization of this case. I always believed that I had that power anyway, but the courts have denied me that basic function. Perhaps with a jury I will have better success. The 2% of the Court structure (the Judges have spoken); should now be displaced so that the right of the 98% of the people as seen through a jury trial which may effect justice in light of this court failure.

 

4) In the event that the SCofC ducks out of this question – possibly for a last time – then it should be considered a failure of the Justice System in its entirety to do its job. As such, this matter will fall to Justice Minister, Peter MacKay, who has until December 20-2013, to rectify this matter. For example, he may borrow a leaf out of the book of his boss who fired three Senators for their egregious behaviour. Here, he could fire Divisional Court Judges Pardu/McCartney/Hennessy for gross dereliction of duty as they did not even touch the central topic set before them; namely, the MacKenzie Creed. A prima facie case could be made against them on this basis.

     To be sure if he did, there would be a roar of approval heard clear across Canada from the legal fraternity who is sick and tired of elements within the legal system perverting the course of justice at the expense of litigants and in the process, destroying Canada’s good character. Judges who speak out on these irregularities are persecuted. Of course if he does nothing, MacKay should go to as he is not potential Prime Ministerial material as well as being an ineffective Justice Minister.

 

cc MacKay/SCofC Hon. R. Wagner/media

 

OPEN LETTER TO U.S. NEWS SOURCES – NOV.25-2013

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’  www.employeescasecanada.com  (27 year unresolved legal case)    CANADA’S ‘WATERGATE’ in search of a Pulitzer Prize seeking journalist       4 pages

 

QUOTES:

A) ‘…like the communists, they believe that any action taken in the name of their cause is moral….’ White Smoke  Andrew Greely

B) ‘ I have sworn on the altar of God, eternal hostility to all forms of tyranny over the mind of man.’ Thomas Jefferson

C) ‘An intelligent man creates choices. A stupid man lets others deal the hand for him.’ Feast Day of Fools  James Lee Burke

D) In a state where corruption abounds, laws must be very numerous.’ Roman Senator Tacitus

E) ‘…Canadians will have no time for name-calling after we have allowed this country to fracture itself beyond repair and new generations will be denied a future in a strong and united Canada….’  letter to Editor

F) I’m talking about people – the sherriff, that prosecutor, the judge, you (the reporter)…People don’t have to be unfair, do they? That isn’t just part of things, when people are unfair to somebody.’ Snow Falling On Cedars David Guterson                        

G) ‘…it would be nice if someone, somewhere, voiced a peep of concern about the glacial pace of Canadian justice….’  Postmedia legal columnist Christie Blanchford  R. I have for 27 years as known to you  RWC

H) If you tell a lie big enough and keep repeating it, people will eventually come to believe it…It is vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.’ Nazi Propaganda Min. Joseph Goebbels

I) Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and institute new Government.’  Declaration of Independence

 

How Canada moved from Third World Status to a `Failed State`due to the 27 year machinations of a `rinky dink` teacher lay-off matter

1) In 1985, this writer was the target of a government conspiracy comprising the B.C. Government (BILL 35), a co-opted judiciary (government-appointed arbitrator later labeled ‘patently unreasonable`) to sanction a ‘sweetheart deal’ between employer and union in the illicit lay-off of senior West Vancouver teacher, Roger Callow in June of 1985.

 

2) The B.C. Teachers continually refuse to stand up to their rogue union by insisting that the School District of West Vancouver be placed ‘in dispute’ until this matter – now negatively affecting all Canadian employees with a collective bargaining relationship – is resolved. Consequently, they have earned the right to wear a  ‘yellow stripe’ down their collective backsides.

 

3) Employers are not blind to this union cupidity and are using it against the Unions in such as the current ‘work to rule’ by Ontario public school teachers. (The government sucker-punched the teachers of the Catholic and French School Boards by having their Union leaders sign a separate agreement in the summer without seeking confirmation from the membership. Now the Catholic School Board is advancing their cause by asking for the removal of seniority in appointments which effectively ends any point in holding Union memberships as senior teachers receive twice the salary of a junior teacher.) The custodians – now a part of the Ontario Teachers Union – are able to apply pressure by forcing Principals to close schools for ‘safety reasons’. Behind the scene Government-Union activity appears to be rectifying the problem for the teachers but what about the turn of the custodians? Traditionally, schools have continued when other school-related unions strike. Will the teachers reciprocate?

4) The Ontario public teachers make much of their action being a matter affecting all collective bargaining employees. Not so. On November 01, in an Ottawa court (Superior Court #12-54944) was held the most significant legal case in Canada’s civil law. It is the focus of this newsletter to point out how Canada has moved from Third World status to being a Failed State as a consequence.

 

5) I don’t ask anyone to fight my battles but there is only so much a one-man army can do. I unsuccesfully called on Ontario teachers to lend support to this cause, if only to break the anti-employee media boycott on a matter of importance to all Canadians. No doubt, union leader activity has triumphed once again although all Union employees are the poorer for this lack of action as now no employee should hold Union membership nor contribute to an associated company pension. That suits the ‘Old Boys Club’ just fine and if there were a prize for what I have unwittingly achieved, they would assign it to me in spades.

 

6) Bottom Line:

No compensation (including pension rights) has been paid in defiance of the laws of habeas corpus, ultimate remedy, plus the fact that ‘there can be no process without judgment’. That state of affairs reduced Canada to Third World status. Hearing #12-54944  of November 01-2012 has reduced Canada to being a failed state.

 

Vancouver Justice Spencer (1995) `Third World Status` vs Ottawa Justice Maranger (Nov.01-2012) `Failed State`

7) The first court hearing after it was clear that the Employer was not going to obey Southin’s Order to return to arbitration after they refused her recommendation to return employment to this writer shows how the Justice System had committed themselves to only one answer; an outside settlement which never occurred because the plaintiff had been illicitly cut from salary before the arbitration commenced hence the Employer was able to leave this case in limbo at no expense to themselves. No doubt this ‘squeeze play’ approach duplicated by Spencer was deliberate on the part of the courts. Justice Spencer had one of two choices and no other; he could – as I requested – change Southin`s Order from `should` return employment to this teacher to `must` return employment as it was clear that the Employer and Union refused to return to arbitration nor were they likely to in this `sweetheart deal`. He does nothing which is the template for all succeeding hearings including that of Ottawa`s Maranger which is a basic denial of the application of the law.

 

No. A950147 Vancouver Registry  June 2-1995 Hon. Justice Spencer  Motion Record TAB 2 (Respondent) p.8  Note 16   

     If, as I think, this law does not permit me to grant any of the relief which this petition seeks, the petitioner appears to be left in legal limbo with his case half heard but incapable of completion. As he points out, both Southin J. and the Court of Appeal by sustaining her decision, found the original arbitration flawed. Southin J. suspected, but did not decide, that the Board may have misused s.130.1(2) of the amending Act to rid itself of an unsatisfactory teacher improperly. Without in any way addressing the merits of any complaint against the petitioner’s performance, I observe that even if he was unsatisfactory from the Board’s point of view, he was entitled to be dealt with according to law under the School Act and not to be made the victim of abuse of authority. Whether he was remains to be decided and the sole person who could decide it is dead. It is hoped that there is some way of addressing that purported wrong.

 

p. 9 Note 19 IBid

     It follows, in my opinion, that the petitioner is bound by any settlement of his dispute reached by the Association.

ADDENDUM: Seventeen years later and still no resolution due to systematic judicial abuse

 

8) The `MacKenzie Creed’ or `Creed`  introduced at the whim of Deputy Chief Justice in Vancouver, Anne MacKenzie, in 2010 added a new dimension to this conspiracy which explains the last three visits to the SC of C and how Canada became a failed state. In that creed, the plaintiff is barred from courts of law (at least in British Columbia) for reasons best known to the good Justice in any matter pertaining to his 27 year unresolved labour case in which, as noted above, no compensation has been paid. This creed which hamstrings pension rights explains why an Ottawa court was used as a court of last resort; This Creed reads in part:

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.

4) The defendants 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.

 

9) FROM DECISION OF JUSTICE MARANGER NOV.01-12 Ottawa (web)COSTS.54944  10)’What I take from the authorities is that any action for which there is clearly no merit (my underlining) may qualify for classification as frivolous, vexatious or an abuse of process.The common example appears to be the situation where a plaintiff seeks to re-litigate a cause which has already been decided by a court of competent jurisdiction.`

He attempts to write off all claims with this quote: “The common example appears to be the situation where a plaintiff seeks to re-litigate a cause which has already been decided by a court of competent jurisdiction.

 

 What decision?’, I had asked in court…there isn’t any nor apparently any ears to hear my complaint in that regard`. 

The collective judicial action utilized above appears to be one in which the plaintiff’s complaints are diminished in scope as a means of dismissing them with the usual legal casuistry.

 

     The analogy I cite here is of the wife who phones the police to report her missing husband. ‘How long has he been gone?’ she is asked. `Two hours, but he was supposed to be back in one hour` All the terminology used above to discount this case could apply to her request…’clearly no merit, vexatious or an abuse of process, no chance of success’ to enjoin police activity. 27 years later, she reports that he still has not returned, only to be told that she is seeking to re-litigate a cause which has already been decided. Go figure….

 

10) This point of judges siding with one litigant against another was recently raised in the following article: (Ottawa Citizen November 13-2012 p.1) ‘Courts planning to assist lawyerless litigants.’ ‘Aim of web  proposal is to help make sense of legal processes’ ‘…However, the report stops short of recommending that judges get new powers to declare someone a “vexatious litigant”, thereby preventing them from launching new legal action without leave. Such powers are “fraught with peril”, it says, and could thrust the courts into an adversarial posture against some litigants, potentially subverting the appearance of impartiality and fairness’. (my underlining)

 

11) In short, the justice system has set itself up for blackmail by the Employer and Union and the Canadian Justice System and all Canadians are paying the price for this disaster.

 

 

12)                                            The Supreme Court of Canada (SC of C)

     The failure of the lower courts to make a decision is reflected in our erstwhile SC of C. For example, 85% of civil appeals are never heard without any reason given which is why it is known as the ‘burial ground for cases’

There is, however, one distinct difference between the Employee’s Case (E.C.) and any other case presented to the SC of C; namely, that with any other rejected case, a litigant is left with a lower court decision while with the E.C. there is no other lower court decision as the original arbitration was quashed. In short, what the Employer could not get through the front door, they have acquired through the back door with a corrupted Canadian judiciary of over 30 judges including  5 trips to the SC of C (Resubmitting SCofC Strike 4 – baseball anyone? with the Appeal of the Maranger Decision (not yet heard) – ‘SC of C stage 5 cancer’ as it has to deal with the same issue of the MacKenzie Creed which the SC of C is seeking to duck out with an administrative rather than judicial decision (vetting by 3 SC of C judges to decide the merits of the case). As matters now stand, ‘no legal answer is now a legal answer in Canada’. The tacit approval given by the Maranger Decision in this case permits judges to usurp the law and act as they please. I call it law by osmosis. Others will merely say that Canada and Canadians are well and truly fucked. We have recognized in the E.C. the collapse, not only of our courts, but of our government, unions, pension schemes, and media…have I left anyone out? Anyone know? Anyone left in Canada to care? Henceforth, we will be known as ‘Canada, a fools’ paradise’.

     The first two Appeals to the SC of C which reduced Canada to Third World status related to the questions of ‘universality of Unions’ and ‘ultimate remedy’; two questions of national importance which the SC of C refused to hear. As matters now stand, a Union has control over whether or not a client may collect his pension; something which was never before affixed in this fashion. No employee will hold union membership nor contribute to any company pension under these circumstances. Without ‘ultimate remedy’; the collective bargaining rules are neutered. The whole notion of a written contract has been sacrificed here let alone the legal concept of ‘habeas corpus’. Hitler would have made this observation; ‘What, all this and no jackboots in the street?...Astounding!’  Lady Macbeth would not be left behind either: ‘What needst we fear it, when none can call us to account?’ The late novelist, Morris West (Cassidy) recognizes the anomaly this way: ‘The law's a farce, sonnyboy. You can plant evidence and suborn witnesses and make sweetheart deals with the prosecution. The only laws we're really interested in making stick are the laws of contract - because if commerce doesn't work we're eating tree bark instead of bread.'  That’s why the U.S. President has an obligation to warn American investors of the risks of dealing with ‘democratic’ Canada where we have ‘lost it all’. We have shot ourselves in our infrastructural foot. That’s why no ethical student will take up the practice of Canadian law and voters will heed this PLACARD: DON’T VOTE / IT ONLY ENCOURAGES THEM. The anti-employee media is its own worst enemy and is now being supplanted with the Internet and such movements as the OCCUPY NOW brigade. As for the Union leaders, their motto of ‘If we don’t hang together, we will hang separately’ has been displaced by an organization which is prepared to eat its young in order to survive. In this kafkaesque world, the bottom line is the following:

Conclusion: For those who wish the 25 word or less version, no Canadian employee should hold Union membership nor contribute to a work pension. That shifts the whole nature of Canadian society in a significant way due to the precedent set by the Employee’s Case as now all employers will quote Maranger’s decision (Ottawa court #12-54944  Nov.01-12) to justify this action: Employer:If you do not sign a $1 settlement for all costs regarding your lay-off/dismissal, you will not be able to collect your pension.’

 

     If Canadians want to do something useful, they can erect a statue on the Parliamentary grounds commemorating the ‘Outlawed Canadian’ complete with a blank placard for petitioners to pin failed efforts. I suggest it should be next to the ‘Person’s Case’ where women were declared ‘non-persons’ in 1929. The statue would be a combination of the ‘Wailing Wall’ in Jerusalem and the ‘Vietnam Memorial Wall’ in Washington and attest to our fallen state as a democratic nation. They can also recognize ‘Anti-Judge Day every July 1’ which has supplanted Canada Day. Turf out slogans for the purpose such as ‘STAY OUT OF A CANADIAN COURTROOM UNLESS YOU FIRST BUY THE JUDGE’ or  ‘WHY OBEY THE LAW? JUDGES DON’T’ or ‘SILLY ASS JUDGES KILL HABEAS CORPUS’.

 

OPEN LETTER TO U.S. NEWS SOURCES – NOV.30-2013

(FORMERLY OPEN LETTERS TO THE OTTAWA CITIZEN)

BY: Roger Callow ‘The Outlawed Canadian’  www.employeescasecanada.com  (27 year unresolved legal case)    CANADA’S ‘WATERGATE’ in search of a Pulitzer Prize seeking journalist. Now known legally as the clusterfuck case.   

 

QUOTES:

A) ‘…like the communists, they believe that any action taken in the name of their cause is moral….’ White Smoke  Andrew Greely

B) ‘ I have sworn on the altar of God, eternal hostility to all forms of tyranny over the mind of man.’ Thomas Jefferson

C) ‘An intelligent man creates choices. A stupid man lets others deal the hand for him.’ Feast Day of Fools  James Lee Burke

D) In a state where corruption abounds, laws must be very numerous.’ Roman Senator Tacitus

E) ‘…Canadians will have no time for name-calling after we have allowed this country to fracture itself beyond repair and new generations will be denied a future in a strong and united Canada….’  letter to Editor

F) I’m talking about people – the sherriff, that prosecutor, the judge, you (the reporter)…People don’t have to be unfair, do they? That isn’t just part of things, when people are unfair to somebody.’ Snow Falling On Cedars David Guterson                        

G) ‘…it would be nice if someone, somewhere, voiced a peep of concern about the glacial pace of Canadian justice….’  Postmedia legal columnist Christie Blanchford  R. I have for 27 years as known to you  RWC

H) If you tell a lie big enough and keep repeating it, people will eventually come to believe it…It is vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.’ Nazi Propaganda Min. Joseph Goebbels

I) Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and institute new Government.’  Declaration of Independence

 

How Canada moved from Third World Status to a `Failed State`due to the 27 year machinations of a `rinky dink` teacher lay-off matter

1) In 1985, this writer was the target of a government conspiracy comprising the B.C. Government (BILL 35), a co-opted judiciary (government-appointed arbitrator later labeled ‘patently unreasonable`) to sanction a ‘sweetheart deal’ between employer and union in the illicit lay-off of senior West Vancouver teacher, Roger Callow in June of 1985.

 

2) The B.C. Teachers continually refuse to stand up to their rogue union by insisting that the School District of West Vancouver be placed ‘in dispute’ until this matter – now negatively affecting all Canadian employees with a collective bargaining relationship – is resolved. Consequently, they have earned the right to wear a  ‘yellow stripe’ down their collective backsides.

 

3) Employers are not blind to this union cupidity and are using it against the Unions in such as the recent ‘work to rule’ by Ontario public school teachers. (The government sucker-punched the teachers of the Catholic and French School Boards by having their Union leaders sign a separate agreement in the summer without seeking confirmation from the membership. Now the Catholic School Board is advancing their cause by asking for the removal of seniority in appointments which effectively ends any point in holding Union memberships as senior teachers receive twice the salary of a junior teacher.) The custodians – now a part of the Ontario Teachers Union – are able to apply pressure by forcing Principals to close schools for ‘safety reasons’. Behind the scene Government-Union activity appears to be rectifying the problem for the teachers but what about the turn of the custodians? Traditionally, schools have continued when other school-related unions strike. Will the teachers reciprocate?

4) The Ontario public teachers make much of their action being a matter affecting all collective bargaining employees. Not so. On November 01, in an Ottawa court (Superior Court #12-54944) was held the most significant legal case in Canada’s civil law. It is the focus of this newsletter to point out how Canada has moved from Third World status to being a Failed State as a consequence.

 

5) I don’t ask anyone to fight my battles but there is only so much a one-man army can do. I unsuccessfully called on Ontario teachers to lend support to this cause, if only to break the anti-employee media boycott on a matter of importance to all Canadians. No doubt union leader activity has triumphed once again although all Union employees are the poorer for this lack of action as now no employee should hold Union membership nor contribute to an associated company pension. That suits the ‘Old Boys Club’ just fine and if there were a prize for what I have unwittingly achieved, they would assign it to me in spades.

 

6) Bottom Line:

No compensation (including pension rights) has been paid to this targeted employee in defiance of the laws of habeas corpus, ultimate remedy, plus the fact that ‘there can be no process without judgment’. That state of affairs reduced Canada to Third World status. Hearing #12-54944  of November 01-2012 has reduced Canada to being a failed state followed by the Appeal #DT-12-1872 heard on Nov. 4-2013.

 

Vancouver Justice Spencer (1995) `Third World Status` vs Ottawa Justice Maranger (Nov.01-2012) `Failed State`

7) The first court hearing after it was clear that the Employer was not going to obey Southin’s Order to return to arbitration after they refused her recommendation to return employment to this writer shows how the Justice System had committed themselves to only one answer; an outside settlement which never occurred because the plaintiff had been illicitly cut from salary before the arbitration commenced thereby depriving him of any leverage hence the Employer was able to leave this case in limbo at no expense to themselves. No doubt this ‘squeeze play’ approach duplicated by Justice Spencer was deliberately duplicitous on the part of the courts. Justice Spencer had one of two choices and no other; he could – as I requested – change Southin`s Order from `should` return employment to this teacher to `must` return employment as it was clear that the Employer and Union refused to return to arbitration nor were they likely to in this `sweetheart deal`. He does nothing which is the template for all succeeding hearings including that of Ottawa`s Maranger which is a basic denial of the application of the law.

 

No. A950147 Vancouver Registry  June 2-1995 Hon. Justice Spencer  Motion Record TAB 2 (Respondent) p.8  Note 16   

     If, as I think, this law does not permit me to grant any of the relief which this petition seeks, the petitioner appears to be left in legal limbo with his case half heard but incapable of completion. As he points out, both Southin J. and the Court of Appeal by sustaining her decision, found the original arbitration flawed. Southin J. suspected, but did not decide, that the Board may have misused s.130.1(2) of the amending Act to rid itself of an unsatisfactory teacher improperly. Without in any way addressing the merits of any complaint against the petitioner’s performance, I observe that even if he was unsatisfactory from the Board’s point of view, he was entitled to be dealt with according to law under the School Act and not to be made the victim of abuse of authority. Whether he was remains to be decided and the sole person who could decide it is dead. It is hoped that there is some way of addressing that purported wrong.

 

p. 9 Note 19 IBid

     It follows, in my opinion, that the petitioner is bound by any settlement of his dispute reached by the Association.

ADDENDUM: Seventeen years later and still no resolution due to systematic judicial abuse

 

8) The `MacKenzie Creed’ or `Creed`  introduced at the whim of Deputy Chief Justice in Vancouver, Anne MacKenzie, in 2010 added a new dimension to this conspiracy which explains the last three visits to the SC of C and how Canada became a failed state. In that creed, the plaintiff is barred from courts of law (at least in British Columbia) for reasons best known to the ‘good’ Justice in any matter pertaining to his 28 year unresolved labour case in which, as noted above, no compensation has been paid. This creed which hamstrings pension rights explains why an Ottawa court was used as a court of last resort; This Creed reads in part:

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.

4) The defendants 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.

 

9) FROM DECISION OF JUSTICE MARANGER NOV.01-12 Ottawa (web)COSTS.54944  10)’What I take from the authorities is that any action for which there is clearly no merit (my underlining) may qualify for classification as frivolous, vexatious or an abuse of process.The common example appears to be the situation where a plaintiff seeks to re-litigate a cause which has already been decided by a court of competent jurisdiction.`

He attempts to write off all claims with this quote: “The common example appears to be the situation where a plaintiff seeks to re-litigate a cause which has already been decided by a court of competent jurisdiction.

 

 What decision?’, I had asked in court…there isn’t any nor apparently any ears to hear my complaint in that regard`.  

The collective judicial action utilized above appears to be one in which the plaintiff’s complaints are diminished in scope as a means of dismissing them with the usual legal casuistry.

 

     The analogy I cite here is of the wife who phones the police to report her missing husband. ‘How long has he been gone?’ she is asked. `Two hours, but he was supposed to be back in one hour` All the terminology used above to discount this case could apply to her request…’clearly no merit, vexatious or an abuse of process, no chance of success’ to enjoin police activity. 27 years later, she reports that he still has not returned, only to be told that she is seeking to re-litigate a cause which has already been decided. Go figure….

 

10) This point of judges siding with one litigant against another was recently raised in the following article: (Ottawa Citizen November 13-2012 p.1) ‘Courts planning to assist lawyerless litigants.’ ‘Aim of web  proposal is to help make sense of legal processes’ ‘…However, the report stops short of recommending that judges get new powers to declare someone a “vexatious litigant”, thereby preventing them from launching new legal action without leave. Such powers are “fraught with peril”, it says, and could thrust the courts into an adversarial posture against some litigants, potentially subverting the appearance of impartiality and fairness’. (my underlining)

 

11) In short, the justice system has set itself up for blackmail by the Employer and Union and the Canadian Justice System and all Canadians are paying the price for this debacle.

 

12)                                            The Supreme Court of Canada (SC of C)

     The failure of the lower courts to make a decision is reflected in our erstwhile SC of C. For example, 85% of civil appeals are never heard without any reason given which is why it is known as the ‘burial ground for cases’

There is, however, one distinct difference between the Employee’s Case (E.C.) and any other case presented to the SC of C; namely, that with any other rejected case, a litigant is left with a lower court decision while with the E.C. there is no other lower court decision as the original arbitration was quashed. In short, what the Employer could not get through the front door, they have acquired through the back door with a corrupted Canadian judiciary of over 30 judges including  5 trips to the SC of C (Resubmitting SCofC Strike 4 – baseball anyone? with the Appeal of the Maranger Decision (not yet heard) – ‘SC of C stage 5 cancer’ as it has to deal with the same issue of the MacKenzie Creed which the SC of C is seeking to duck out with an administrative rather than judicial decision (vetting by 3 SC of C judges to decide the merits of the case). Currently, SCofC –Disneyland, is now in front of them As matters stand, ‘no legal answer is now a legal answer in Canada’. The tacit approval given by the Maranger Decision in this case permits judges to usurp the law and act as they please. I call it law by osmosis. Others will merely say that Canada and Canadians are well and truly fucked. We have recognized in the Employee’s Case the collapse, not only of our courts, but of our government, unions, pension schemes, and media…have I left anyone out? Anyone know? Anyone left in Canada to care? Henceforth, we will be known as ‘Canada, a fools’ paradise’.

     The first two Appeals to the SC of C which reduced Canada to Third World status related to the questions of ‘universality of Unions’ and ‘ultimate remedy’; two questions of national importance which the SC of C refused to hear. As matters now stand, a Union has control over whether or not a client may collect his pension; something which was never before affixed in this fashion. No employee will hold union membership nor contribute to any company pension under these circumstances. Without ‘ultimate remedy’; the collective bargaining rules are neutered. The whole notion of a written contract has been sacrificed here let alone the legal concept of ‘habeas corpus’. Hitler would have made this observation; ‘What, all this and no jackboots in the street?...Astounding!’  Lady Macbeth would not be left behind either: ‘What needst we fear it, when none can call us to account?’ The late novelist, Morris West (Cassidy) recognizes the anomaly this way: ‘The law's a farce, sonnyboy. You can plant evidence and suborn witnesses and make sweetheart deals with the prosecution. The only laws we're really interested in making stick are the laws of contract - because if commerce doesn't work we're eating tree bark instead of bread.'  That’s why the U.S. President has an obligation to warn American investors of the risks of dealing with ‘democratic’ Canada where we have ‘lost it all’. We have shot ourselves in our infrastructural foot. That’s why no ethical student will take up the practice of Canadian law and voters will heed this PLACARD: DON’T VOTE / IT ONLY ENCOURAGES THEM. The anti-employee media is its own worst enemy and is now being supplanted with the Internet and such movements as the OCCUPY NOW or IDLE NO MORE brigade. As for the Union leaders, their motto of ‘If we don’t hang together, we will hang separately’ has been displaced by an organization which is prepared to eat its young in order to survive. In this kafkaesque world, the bottom line is the following:

Conclusion: For those who wish the 25 word or less version, no Canadian employee should hold Union membership nor contribute to a work pension. That shifts the whole nature of Canadian society in a significant way due to the precedent set by the Employee’s Case as now all employers will quote Maranger’s decision (Ottawa court #12-54944  Nov.01-12) to justify this action: Employer:If you do not sign a $1 settlement for all costs regarding your lay-off/dismissal, you will not be able to collect your pension.’

 

     If Canadians want to do something useful, they can erect a statue on the Parliamentary grounds commemorating the ‘Outlawed Canadian’ complete with a blank placard for petitioners to pin failed efforts. I suggest it should be next to the ‘Person’s Case’ where women were declared ‘non-persons’ in 1929. The statue would be a combination of the ‘Wailing Wall’ in Jerusalem and the ‘Vietnam Memorial Wall’ in Washington and attest to our fallen state as a democratic nation. They can also recognize ‘Anti-Judge Day every July 1’ which has supplanted Canada Day. Turf out slogans for the purpose such as ‘STAY OUT OF A CANADIAN COURTROOM UNLESS YOU FIRST BUY THE JUDGE’ or  ‘WHY OBEY THE LAW? JUDGES DON’T’ or ‘SILLY ASS JUDGES KILL HABEAS CORPUS’.

 

     Perhaps we should leave the last word to that great jurist, Justice Estey (St. Anne/Nackawic) who stated:

`What must be avoided at all costs, is a major deprivation of justice under the law.`  “Well, sir, it looks like your friends in the Canadian judiciary have shot that message into the foot of Canada`s infrastructural crapper.” ‘The Outlawed Canadian’