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SEPTEMBER 01-2013

A PLEA TO ONTARIO PROFESSIONAL TEACHERS

BY: Roger Callow ‘The Outlawed Canadian’  www.employeescasecanada.com  FAX: (613) 521-1739 (28 year unresolved legal case) now known judicially as ‘the clusterfuck case’ This targeted senior West Vancouver, B.C. teacher was laid off in June of 1985 under the auspices of the government imposed Bill 35 (Ontario’s imposed Bill 115 of 2012 was a logical extension). He was the only teacher in B.C. to have this Bill applied to him and withdrawn before the case was resolved leaving him in limbo (banana republic law) . No compensation including pension rights has been paid.  Over 30 judges in 6 courts of law in Canada have sat on this leading civil case shattering, as it does, the collective bargaining system (B.C.) and the pension program (Ont.) for all Canadians. (Implication: Drop Union connection (form loose associations in order to obviate court jurisdictions and scrap pension schemes.)

 

QUOTES:

A) ‘The burden upon us is that we are not ruled by men of ordinary ignorance, but of extraordinary ignorance. G.K. Chesterton 1922

B) We Americans (and Canadians, too  RC) must accept that our government’s secrets, they are ours, but we trust our leaders to keep them from us in good conscience. If we find that trust is betrayed and we do nothing – or worse, we blame the messenger – then we are accessories to the crimes committed in our names.So Manning (military whistleblower) is locked away, and the message has been sent to whistleblowers everywhere. The question we are left to contend with: How safe do we feel now?  Chris Cannon Vancouver writer O.C. Aug. 24-2013 Opinion Page

C) ‘…Because unions aren’t for the workers anymore, they’re for the union bosses….’ Brian Lilley  The Ottawa Sun  Aug. 30

 

September 9-2013 (unpublished although the Sun assigned a columnist to pan this Fraser Institute diatribe) PLACARD: RABID OTTAWA SUN ANTI-EMPLOYEE

 

TO: Letter to the Editor – Ottawa Sun Media – by fax: 613-739-8041

From: Roger Callow – Ottawa – fax: 613-521-1739

 

Dear Editor,

     The column in your September 9-2013, newspaper by the Fraser Institute who would re-align the teacher selection process to place more power in the hands of the principal with the attendant costly administrative changes begs the question. The following quote from Twenty Mile Incident by Trevanian on this right wing think tank is pertinent here: ‘It is difficult to avoid comparison of Ruth Lillian’s treatment of her workers and colleagues (1930’s business woman who did not lay off any person nor reduce benefits during the 1930’s Depression) with today’s piratical practice of wringing every last cent of profit out of the work force, and “down-sizing” to the point of hectic inefficiency, while denying workers the dignity that comes with civilized benefits and secure futures.’

     In the case of teacher selection, presumably principals – if I follow the drift of the Fraser Institutes message - have not been able to do their job of hiring capable teachers even though there is a large surplus of unemployed teachers. All these additional requirements would not improve that basic contradiction. And where would the funding for these additional tests come from…from firing obviously incompetent university faculty advisors whose job it is to weed out those not suited to the profession?

     The Sun would do well to improve their credibility among their readers by including alternative ideas to such as those espoused by the Fraser Institute.

 

Yours truly,

-       o   -

 

MESSAGE

 

1) By continually failing to place all School Districts in B.C. into dispute, B.C. Teachers have traded in the ‘yellow star on their shirts’ for a ‘collective yellow streak down their backsides’. The wildcat strike in 2005 which was harshly condemned by the courts is symbolic of their failure to stand up for my rights in this case. That anomaly underscores all relations that they have with their employer.

 

2) The Pension Phase is being enacted in Ontario where teachers failed to rally behind the Superior Court (Ottawa) phase (12-59444 Maranger Decision Nov. 01-2011) which has led to the Appeal before 3 judges in Divisional Court (DC-12-1872) with a decision to be brought down on October 4-2013. SEE web for details.

 

3) In effect, this court is asked to quash the 2010 MacKenzie Creed which would deny this plaintiff access to the courts for reasons best known to the judge.

 

4) If that Creed holds, then any employer in Canada may avoid their fiduciary responsibilities by hiding a dismissal behind a lay-off with this line: ‘If you do not sign a $1 agreement for all claims, you will not collect your pension.’ (My notice of retirement at age 65-I am now 72- by the West Vancouver School District was ignored and without that acceptance, one cannot collect their pension.)

 

5) This upcoming hearing is a ‘political trial’ for the three judges have to choose between recognizing an individual’s right to due process before the law (basis of the judicial system) or, in effect, condemning 5 other courts of law in Canada…it doesn’t take a rocket science to see where this matter of systematic injustice is headed without public support. ` In a pinch, judges take care of themselves and to hell with the law and the litigants.`

 

ACTION CALLED FOR:

For all Ontario teachers reading this document to act now by publicizing this case through facebook, twitter, public demonstrations, or harassing the anti-employee media in order to break their boycott on this national story. Acting next week or next month is too late.

 

FURTHER ACTION: Create a digital newspaper on the model of the Epoch Times in which the editorial would be controlled for all employee interests, both union and non-union.Teachers are ideally placed throughout Canada for this purpose. Comments would include topics on foreign workers, pension schemes, part time work, unpaid internships, overtime abuse, salaries, general employer abuse as well as a ‘Letter to the Editor’ section functioning on a par with National Geographics.

 

Outdated, static view (letter to Editor) Ottawa Citizen Aug. 24-2013 B5

Re: Higher Union wages boost economy, Aug. 22

     In this Citizen article, Ian Lee, an assistant professor at Sprott School of Business at Carleton University, claims higher wages for workers gained by unions don’t benefit local economies because they come at the expense of either higher taxes or lower business spending in other areas.

     He’s wrong. While it is true money to pay for higher wages ultimately comes from somewhere, Canadian workers have suffered from decades of real wage stagnation while corporate profits have escalated to record levels – and the cost of federal corporate tax cuts has increased to over $18 billion a year.

     Despite their massive capital surpluses, businesses aren’t investing more because there’s a lack of demand. More money for workers would do more to stimulate the economy than it’s doing in the hands of a few where it’s also fueling speculation and economic instability. Some of the most prominent economists in the world now recognize the important role unions play for the economy by counter-balancing the power of the elite, while others cling to an outdated and static view of how the economy works.

Paul Moist, National President, CUPE, Ottawa

 

QUESTION: I don’t see why (as an Ontario teacher) I should get involved in your personal court battle.

 

RESPONSE:

1) No doubt said with a backward glance seeking support from others. That’s not my way nor am I seeking support from Ontario teachers with that type of thinking. I define myself as an individual first and then relate myself to the challenge at hand. I am seeking like-minded Ontario teachers who act similarly in this issue and when they have a definition; they seek the common ground between my definition and their own and then act accordingly. For example, I have often voted for the individual in an election which makes for good principle but oftentimes bad politics.

 

2) European Jews in the 1930’s were known for this kind of thinking. Today, the catchphrase is ‘never again’.

 

3) If the U.S. had maintained their isolation in WWII, the Nazis would have controlled Europe and the Shinto Japanese would have ruled Asia. Too many people believe an arificial national boundary justifies turning the other cheek in human rights abuses. Not so. What our neighbors do in this regard is a direct reflection on our own values.

 

4) There is a more direct reason why Ontario teachers should support my side in DC-12-1872 to be held before 3 judges in Ottawa in a hearing slated for October 4, 2013. When the government ‘imposed’ BILL 115, the teachers bargained for changes directly with the government creating a precedent which threatens the success of any future matter they should take to court. That is why they should drop formal ‘collective bargaining’ routines of the unions and revert to the general code of the government. The Employee’s Case is a specific case at point…you wish to reduce your exposure to ‘the anti-employee judges’.

 

5) Ontario Teachers pensions are also another casualty. Any premier, hostile to the interest of ‘fat cat teachers and their lucrative pensions’ may now impose changes such as changing the current ‘benefit defined’ program (good for the next 75 years) to an annuity (eliminates the government 50% contribution). Currently I am receiving a partial pension based on earlier contributions (before my 1985 lay-off in B.C.) from Ontario where the funds have been combined (4 years to even collect that much!). As matters now stand, an employer may ‘lay-off’ an employee with this line: “If you do not sign a $1 settlement, you will not collect your pension.” For example, the West Vancouver School Board refused to accept my retirement 7 years ago so that I have gone without full recognition of my pension rights. That is what DC-12-1872 is about as the judges seek to keep me out of the court system entirely in this unresolved legal matter thereby undermining the entire judicial structure. That’s why this case is the single most important case in Canadian Jurisprudence. That is worth fighting for.

 

6) Again, any premier hostile to the teachers interests may impose a flat rate salary for all teachers of, for example, $65,000 making some junior teachers happy (for a short time) and many senior teachers ‘out of luck’. For such senior teachers who do not choose to turn up for work on September 01; no problem, replace them. In B.C. in the 1970’s, the government took such action by assigning a single value to all teachers so that School Boards with senior teachers only hired beginners. In short, senior teachers were unemployable (after 5 years) in any other District. The ‘new Ontario program’ could be claimed as a ‘win-win’ by a premier as teachers would now be free to move and School Boards could select the ‘best teachers’…and, oh yes, the hostile premier would get the Nobel Prize for government savings from the Fraser Institute in the process!

 

7) Time is short. While B.C. Teachers may falsely claim that they are thinking about placing School Districts into dispute (after 28 years of inactivity!), no such extension is available to Ontario Teachers. They missed the lower court #12-59444 Maranger Decision November 01-2012 which is being appealed on October 4-2013. There are no extensions for Ontario teachers.  Act now.

 

 

OPEN LETTER TO U.S. NEWS SOURCES – SEPT-04-2013 

(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’ in search of a pulitzer prize seeking columnist

 

QUOTES:

1) ‘Carl was nodding, understanding. “For 8 million, I can buy myself a supreme court justice.” ‘That’s the plan`.…Carl thought for a long time, then smiled and said, ``I like it. I like it a lot.`` The Appeal  John Grisham

 

2) `In 2011, Ontario Chief Justice Warren Winkler gave a speech in which he warned the legal community that the labour-dispute resolution process was seriously out of whack`. O.C. columnist Kelly Egan Aug. 7-2013 C1

 

3) `The plan changed, that`s why. They wanted me dead, now they want me alive. But why?’ The Innocent David Baldacci

 

4) 3 varieties of Civil Service Silence: Yes Minister Rt. Hon. James Hacker M.P. (U.K.)

a) The silence when they do not want to tell you the facts:

Discreet Silence

b) The silence when they do not intend to take any action:

Stubborn Silence

c) The silence when you catch them out and they haven’t a leg to stand on. They imply that they could vindicate themselves completely if only they were free to tell all, but are too honourable to do so:

 Courageous Silence

 

5) RETORT: ‘All you are doing is rolling up the Justice System behind the judges.’ QUALIFICATION: ‘All Justice Minister Peter MacKay is doing is permitting me to do so.’

 

6) ‘No! No!’, she cried, ‘Sentence first - verdict afterwards’. Queen from Alice in Wonderland

 

REFERENCE: ADDENDUM under REPLY FORM 25A to DC-12-1872  to be heard  October 4-2013. As this motion is not defended, a request is made to proceed directly to judgment without a hearing.

 

THEME:‘What to do with a tyrannical Registrar’ Letter from R. Callow to SCofC Registrar R. Bilodeau May 15-2013 SEE APPENDIX I (not included here)

 

STATEMENT OF CLAIM:

 

1) The original request to have only the aspect of the ‘MacKenzie Creed’ quashed is still maintained which would bar this plaintiff from a courtroom based ‘on the whim of a judge’. No further information from

#12-54944 Ottawa Superior Court, Maranger Decision November 01-2012 is included where this topic is conspicuous by its absence in that Decision.

 

2) The above letter to SCofC Registrar, Roger Bilodeau Q.C. is included to demonstrate how widespread are the ramifications of this Creed to four other courts of Justice in Canada and to the general nature of how justice has been conducted in this 28 year unresolved labour case where the propriety of the initial lay-off has never been tested in law. As a consequence, no compensation -which includes pension rights- may flow.

 

3) The Justice System, in its wisdom, would leave this plaintiff in a perpetual state of limbo which is in defiance of any number of major laws as outlined elsewhere. The assertion here is that Canada is a ‘failed state’ where the rule of law has been subverted in which the court is seen to abandon its judiciary role in order to be an agent for the interests of the defendant.

 

APPEAL TO A 21ST CENTURY PRIME MINISTER including the incumbent P.M.

 

4) The hearing of DC-12-1872 is arguably the most important civil case ever held in Canadian Jurisprudence  before three judges in Ottawa on October 4, 2013. (My request is that the court proceed directly to judgment.)

 

5) Expelling a plaintiff merely on ‘the whim of a judge’ negatively affects every Canadian. In another time and place, my position is comparable to a Jew forced to wear a yellow star in a Nazi courtroom.

 

6) The same process of devolving judicial control to that of the Registry, which the MacKenzie Creed also achieves, gives carte blanche to that body to operate a ‘court within a court’ without judicial oversight.

 

7) In effect, the legislative function of Parliament may be obviated in this manner so that any challenge – such as the peace, order and good government clause - to the authority of the Executive Branch of the courts may be nullified as well. That’s anarchy.

 

8) In the event that the 3 judges so appointed to hear DC-12-1872 do not expunge the MacKenzie Creed, Parliament has no realizable course other than to sanction them. Also included in this sanction should be two chief justices: R. Baumann of the B.C. Supreme Court and L. Finch of the B.C. Appeal Court for their lack of action in this regard. (SEE APPENDIX II and III not included here)

 

CANADIAN JUSTICE SYSTEM SINGLEHANDEDLY BLOWN OUT OF THE SKY BY WINGNUT JUDGE

 

9) In a first for any judicial system, B.C. Supreme Court Associate Chief Justice Austin Cullen in an Order dated July23, 2013 plus accompanying letter, signifies the court’s abandonment of the 28 year unresolved Employee’s Case. Justice Cullen has achieved what I couldn’t by declaring that the Employee’s Case is finished and that I may not present any case in B.C. Supreme Court…’You must accept the finality of this outcome’. ) Oh, I do, good Justice Cullen, and I thank you (although your colleagues in the legal fraternity must be pulling their hair out believing that conspiracies must be made of sterner stuff) and have filed a case in ON Superior Court (#13-58607) to now proceed with compensation for 28 years back salary (which exists apart from judicial outcomes).

 

10) The only way that the Justice System could retain credibility in this case was to claim that someday a finalization may be made thus keeping the myth of the Justice System being intact. Otherwise, the judges would have to explain judicial abuse under  such legal concepts as ‘caveat emptor’; ‘there can be no process without judgment’; and under the collective bargaining rules, ‘there must be ultimate remedy‘. All of which explains my bid to have the courts declare that the Employer has abandoned this issue so that compensation may flow plus now I would have the necessary status to sue the pants off the perpetrators. To date, I have been continually sidetracked due to systematic judicial abuse.

 

11) The Old Boys Cub are ecstatic. They have used me as an unwitting rabbit to destroy the Collective Bargaining process and now – due to the failure of the judges to end this case – have changed plans to roll up the judges so that similar to the CCP in China and Putin and his mafia in Russia, the Old Boys Club may, in like fashion,  fill the void in Canada now that it is a failed state.

 

12) The key to the Cullen Creed is that it is not only a ‘bridge too far’; it was superfluous. B.C. Attorney General Suzanne Anton must now dismiss Chief Justice R. Baumann and suspend Justice Cullen, otherwise her own position is suspect leaving Premier Christie Clark no option but to remove her. Recall legislation may also take a role here. Pushing the court to create the Cullen Creed was, as suggested above for the reasons stated, the purpose of the Old Boys Club. ‘…oh, what a tangled web we weave…’

- o -

 

August 21, 2013

 

TO: Madam Justice de Sousa

       Trial Readiness Court; Motion Room 59   Hearing date: Oct.4-13  9 a.m.

       Ontario Divisional Court  DC-12-1872      Hearing date: Oct.4-13  10 a.m.

       161 Elgin Street  2nd Floor

       Ottawa, Ontario K2P 2K1    via Registered Mail

 

FROM: Roger Callow plaintiff: Roger Callow vs Board of School Trustees(West Vancouver)

         208-2220 Halifax Drive

         Ottawa, Ontario K1G 2W7

         fax: 613-521-1739

 

MESSAGE:

1) You will forgive me for being cynical, but I have been given the run-around for 28 years in an unresolved labour matter regarding my teacher lay-off  in 1985 before over 7 court systems; some for a multitude of times. No compensation has been paid. Both courts and registries have been involved in this fiasco.

 

2) One of the popular court stunts is to hide a judicial decision behind a bogus administrative action. The point to note here is that there may be an appeal of a judicial action but no appeal for so-called administrative actions. It would appear that keeping the Judicial Record in pristine condition when the facts bely that effort is paramount in the legal fraternity.

 

3) The authorities have been kept apprised of all these judicial shenanigans. Currently the Minister of Justice, Peter MacKay, is conversant with this issue. A copy of this letter is also being sent to Ontario Premier Wynne considering that earlier correspondence with Chief Justice Hackland/ON A.G. Gerritsen/ON Premier McGuinty to appoint their most experienced judge in constitutional/labour matters went unfulfilled. (The ‘Special Court’ request by me was turned down by the Defendant.)

 

4) While I have no objections to keeping matters moving smoothly for the court, I have to ask the wisdom and necessity for such a pre-hearing as requested above which, under the circumstances, I would prefer to avoid entirely committing all such pre trial matters to writing for the reasons stated above. Certainly any such enquiry held for the purpose must be recorded. Otherwise I will walk out.

a) DC-12-1872 is limited to a discussion of the ‘MacKenzie Creed’ which would negatively affect my access to the courts.  As this action in Divisional Court is undefended, I do not intend to request a hearing asking instead that the court proceed directly to judgment. Should the court require further information, I submit that may be supplied on a court sanctioned party by party written basis.

b) I am on record that in the event that the three appointed judges do not quash the MacKenzie Creed – for whatever reason - as being ultra vires, then they should be removed from the bench. Otherwise the positions of  Justice Minister MacKay and  Premier Wynne  are placed in direct jeopardy. In that regard I have further requested that Chief Justice Charles Hackland NOT sit on this hearing.

c) My particular concern with the pre-hearing noted above is that it could be used to obfuscate the main hearing slated for one hour later. For example, for many years the court hid behind a lack of action on the grounds that the employer had an offer on the table. Currently there is no offer on the table and I would consider it a matter of bringing the law into disrepute should the Defendant introduce any such motion now. I will also walk out should the Defendant spring any other  impromptu motion such as one to dismiss. He has not filed anything on the ‘MacKenzie Creed’ to date.

 

Yours truly,

 

Roger Callow

 

cc Charles Hofley esq. for the Defendant by FAX: 613-234-0418

Ottawa Chief Justice Hon. C. Hackland

ON Premier K. Wynne  registered mail

Min.of Justice Hon. Peter MacKay registered mail

SCofC Hon. R. Wagner registered mail

media

 

OPEN LETTER TO U.S. NEWS SOURCES – SEPT.24-2013 

(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’. Pulitzer Prize winning author being sought

 

QUOTE: ‘To be sure, upholding the rule of law involves “defending the Charter” in the sense of ensuring that what it says actually happens. This task falls primarily to the courts, but the executive also must appoint judges who follow the law, and the legislature must get rid of ones who don’t. (See Clause 99, Constitutional Act of 1867.) … Thus, the Magna Carta forbids…violation of due process (including unreasonable delays in court proceedings)….’ John Robson  Ottawa Sun columnist  Sept. 22-2013 p.23

 

MESSAGE:                       

‘Oh, what a tangled web we weave….’

1) Readers of this series are familiar with the B.C. Government plot to deprive senior West Vancouver teacher, Roger Callow, of his career in June of 1985 by laying him off for economic reasons under the neophyte BILL 35, the only teacher to be so laid off under this ‘ultra vires’ legislation before it was recalled leaving this case in limbo (banana republic law). No compensation has been paid (includes pension) in this whistleblower case which flies in the face of any number of major laws (e.g.There can be no process without judgment).

2) The rigged arbitration did not stand up to judicial review and it was quashed by Justice Mary Southin in 1986 ruling, as she did, the government-appointed arbitrator to be ‘patently unreasonable’. He had converted 16 new hires to read 16 lay-offs deciding Callow should be the 17th. He knew full well that Callow was the only lay-off.

3) When the School Board did not return employment as recommended by Southin, I was placed on a never-ending roller coaster ride for 28 years – and still counting – as the Canadian judiciary continually evaded settling this matter in what became a matter of systematic judicial abuse culminating in the failure of the Supreme Court of Canada in 2004 failing to hear this matter under the principle of ‘ultimate remedy’ where judicial abuse was cited apart from the original conspiracy.(The court was not about to judge itself.)

4) The fear by the courts was that any hearing called for the purpose (and Southin had re-ordered one) would reveal Employer secret memos which she called for and returned ‘because she did not use them’. The Employer was over-joyed as now the courts could be blackmailed forcing them to abandon their judicial role and become agents of the Employer. Those memos, it is submitted here, would reveal that Southin had evidence of the whole government conspiracy…and did nothing. It was a major judicial catastrophe.

5) The conspirators have been largely successful to date suborning any number of chief justices (5) and their minions into thwarting my challenges over the years with jurisdictional disputes.

6) That is about to change in Ottawa Divisional Court  (DC-12-1872) October 4-2013: a) 9 A.M. preliminary ‘ad hoc’ court under Justice de Sousa b) 10 A.M. three judge Appeal Court (likely to be scuttled).

7) In order to avoid the charge of ‘running a court within a court’, whatever action de Sousa takes must be sanctioned by the ensuing 3-judge Appeal Court but that would be defeating the purpose of de Sousa’s court which is to deny this plaintiff any opportunity to ultimately return to the Supreme Court of Canada.

8) The real problem for de Sousa is that in ‘perfecting’ the Appeal, a transcript of the lower Court including my damning presentation has been entered into this court (similar to concealing the Southin memos).  The only option for the conspirators under these circumstances is to refuse the right to proceed (damn the torpedos).

9) I will not be in attendance at either court for reasons stated on my web site although the media could be witnessing the trial of the century by de Sousa…should they break their silly boycott of this issue.

10) Copies of my transcript are being forwarded to Canadian Justice Minister Hon. Peter MacKay and Supreme Court of Canada Justice, Hon. R. Wagner (to share with his brothers and sisters sitting on the bench)

11) On S.21, a message was left on my tape notifying me of the hearing before de Sousa on Oct. 04. There was no mention of the main hearing at 10 A.M. nor any mention of the 3 judicial names assigned to this case. Furthermore, the Defendant has not filed a ‘Notice of Appearance’; a most unusual action – unless, of course he has prior notification of the outcome which I strongly suspect was the case in the Lower Court hearing.

12) Mackay already has the burden of the Federal Court of Canada abuse plus, due to the B.C. Attorney General ducking out, responsibility for judicial abuse in British Columbia. Is Ontario to be added to his  list?

 

WILL THE CANADIAN JUSTICE SYSTEM COLLAPSE IN AN OTTAWA COURTROOM ON OCT. 04-13 DUE TO SYSTEMATIC JUDICIAL ABUSE OVER 28 YEARS IN AN UNRESOLVED LEGAL CASE?