SUMMER - 2012
REFERENCE: 'Watching the law at work'. (O.C. columnist Dave Brown) – ‘small debts court operation’
CALLOW TO BROWN:
If you really want to know how the law works, see my web site and an action I laid on July 13-2012 in Ottawa: #12-54944. www.employeescasecanada.com
1) In my 27 years of dubious court exposure before over 30 judges in an unresolved labour matter from which compensation (includes pension claims) has been held up, I have seen the darker side of the Canadian Justice System.
2) As to your legal examples; experienced individuals know that all you file is a brief 'Statement of Claim' with supporting argument and outcome required. Volumes of case studies are for lawyers justifying their legal billable time nonsense to clients as the outcome of most cases is reduced to a few central rules accompanied by a couple of key precedents.
3) You are lucky if the presiding judge even bothers to read more than the first paragraph (much like a university paper which is judged by its opening paragraph).
4) Most judges have made up their mind before they walk into court as to the outcome. I have had, on more than one occasion, judges reading a judgment from a piece of paper obviously stuck into their pockets before the hearing.
5) The only thing keeping a judge honest is the fear of an appeal or media coverage. To be sure, I submit that I would not have received outlandish judgments if it were not for the judges being promised prior protection on appeal.
6) I have filled out many factums with judicial overview. The difference between B.C., the Federal Court,the Supreme Court of Canada and the system in Ontario is significant. The first three provide books and forms for litigants which fairly closely approximate proceedings. Ontario, in contrast, is a zoo. Those internet forms, I was told, are only 'samples' (whatever the hell that means) and the final draft I filed on July 13 after 4 attempts, was significantly different from the first three courts listed here. Ontario would do well to overhaul their filing procedures.
7) Your account is sympathetic to the judges. The other side of the coin is represented by the Employee's Case; a feature of judicial abuse which is far more common than anyone would like to believe. The significance of the E.C. is that court injustice has been shown to be systematic; the first time a Justice System - certainly in Canada's case - has been so demonstrated. Hiding a judicial decision behind an administrative decision (from which there is no appeal) is a highly problematical concern in this case and is considered one of the cheapest stunts of a court 'in trouble'.
'The Outlawed Canadian'
BROWN REPLY: Dave Brown firstname.lastname@example.org
I'm aware of your long battle through emails you've sent over the years, but haven't moved it to a front burner because there just wasn't a burner available. As much as I may want to, I have to obey the journalistic rule that if you try to tackle all injustice, you'll burn out. But I know what you're talking about when it comes to questionable jurisprudence. One case I've followed closely started in 1991 and is still active. A couple returned from a European vacation to find the woman they paid to care for their three small children had reported the father was sexually abusing them. The eldest was four. In a flash, the babysitter became the foster parent, paid a helluva lot more by the system. She promptly bought a bigger house and her husband slipped into a new half ton truck. They had just turned three children into their meal tickets.
The three children found their parents each in turn as they turned 16, and the parents are now involved in trying to sue the CAS insurer. At last count, the file has been touched by 107 different judges. This couple will just not go away, and I admire them. But the case just keeps getting passed along and it seems to be the role of each judge to find a loophole to get it off his/her docket. In effect, judges are loathe to burn other judges.
The mother has become a skillful courtroom tactician, and is an Erin Brockovich type. Keeps herself very fit and flaunts it. I follow it because there may someday be a book in it. It has become far too complex to fit into a newspaper. The paperwork it generated would fill a truck, and that's one of the tricks of the legal industry. Bury it under paper.
Interesting side issue. Although abuse was never proved and father was never charged, the system filed for criminal compensation on behalf of the "abused" children, and got it. Father's name also appeared on the abuse registry. The parents waited until all three children were home, then demanded the money claimed on their behalf. They took it to the compensation board in Toronto, and returned it, saying it should never have been paid in the first place. It involves about $30K that nobody wants to touch it. The system never included a process to handle such an unexpected event.
This is one of the cases that led me to write several columns comparing child protection courts to the Salem witch trials. Witch hunters fed that insanity and led to the deaths of 19 people. Today it's psychologists feeding the child protection system. Witch hunters bound a suspect and threw them into a pool. If they were able to float while bound, which any capable swimmer can do, it meant the devil was keeping them afloat and had to be killed. If they drowned they were innocent.
Today it's the CAP (child abuse potential) test. Parents may be able to prove they never abused a child, but they can lose their children anyway because the test proves they have a potential to abuse. Of course the headboner doing the test is paid by the protectors, and their findings support the needs of whomever pays them - 100 percent of the time.
I get angry thinking about it, and that makes me ramble. Sorry.
Psychology became a "profession" (read industry) based on Sigmund Freud and painting him as a genius. His adherents are accepted by courts as "expert witnesses". Buried under it all is the fact the Dr. Freud lost his medical license for overprescribing cocaine. (I think his defense was: I use it and I feel great!) Unable to work as a doctor, he invented something new.
What I find infuriating is that the soul-destroying flaws in the system can be pointed out, but the public in general ignores it, believing it can never happen to them. If one has the audacity to fight the system, they are declared "obsessed" and that leads to "frivolous and vexatious." By now, I'm sure, Roger Callow has heard the term.
CALLOW RESPONSE: Thanks for the interesting story although it pales against the national significance of the Employee's Case. Also, sad to say, your story is not as unique as it should be; the Employee's Case is unique and threatens the very underpinnings of Canadian Law.
Somewhere there should be a law enshrining this dictum: 'It's a race to the phone'.
'The Outlawed Canadian'
REFERENCE: ‘It’s not just about Khadr’ O.C. columnist, Dan Gardner July 18/A13
1) ‘And if the government can do this to him, it can do this to any citizen’. Response: Substitute ‘judiciary’ for ‘government’ and you have the story of the www.employeescasecanada.com SEE #12-54944 filed July 13 in Ottawa.
2) ‘violation…of habeas corpus’. R. Add ‘there can be no process without judgement’ plus ‘ultimate remedy’ and ‘usurping the law’ and the ‘Employees Case’ has Khadr’s case beat all to hell as a legal issue (which is not to denigrate his admittedly deplorable situation).
3) ‘Critics said it would be a kangaroo court’. R. The court ruled that this plaintiff was the victim of a kangaroo court under the government-appointed arbitrator who was chastised for being patently unreasonable with the arbitration being quashed. When the West Vancouver School Trustees did not re-instate this senior teacher as recommended by the courts, the matter was remitted to a re-arbitration. Nothing happened because the courts, the employer and the union did nothing. Hence without a legal decision, no compensation (includes pension rights) flowed. It’s now 27 years and still counting.
4) ‘…Charter of Rights and Freedoms….’ R. …is gone now in terms of individual rights as institutions only speak to other institutions hence my epithet: ‘The Outlawed Canadian’
5) ‘…The Supreme Court tried to square the circle’ vs ‘But they (courts) do have the expertise, capacity, or mandate to uphold the Constitution….’ R. Make up your mind … which is it?
6) ‘The government has pretended that Omar Kahdr doesn’t exist’ R. The courts have arrived at a similar notion for the Outlawed Canadian….the Great Canadian way of doing things which must make us the laughing stock of the world’s democracies. (Dictators must get a good laugh at Canada’s expense as well.)
7) ‘That’s why this isn’t about Omar Kadhr. it’s about you, me, and every Canadian.’ R. ‘…For whom the bell tolls….’
8) Khadr attracts copious news coverage / The Empoyee’s Case, in contrast, receives none before an anti-employee Canadian media. P.S. Have you placed a block on my e-mails to you?...no matter, I will send this e-mail to your editor.
‘The Outlawed Canadian’
the naked truth
(news item: Blatchford covering the story of the posting of nude photos of a female Winnipeg Associate Chief Justice on the internet)
REFERENCE: SEE www.employeescasecanada.com #12-54944 filed in Ottawa court July 13
Try as I might, I could not find a nude photo on the internet of neophyte Asst. Deputy Chief of the B.C. Supreme Court, Anne MacKenzie, in order to draw media attention to an unresolved 27 year rinky dink labour issue which has reduced Canada to Third World status. The MacKenzie Order of 2010 is a highlight in that kafkaesque saga ignored by the media.
'The Outlawed Canadian'
QUOTE: '...he (Khadr) is a Canadian citizen. If he can be cut loose, anyone can.' O.C. columnist Janice Kennedy
1) I am a Canadian citizen and have been 'cut loose' from the justice system although you wouldn't know it by the lack of media coverage.
2) Elsewhere, letter to the Editor writer, Matt Cousineau, in agreement with you and columnist, Dan Gardner, quotes Lutheran Minister Martin Niemoller who didn't speak out when the Nazis came for the Rabbi and then the Catholic priest because it didn't concern him. Now that the authorities are coming for him, there is no-one left to speak out. As Cousineau states: ' (He) wasn't worried about his own rights, either, until it was too late' B5
3) Arguably in this analogy, the rabbi and the priest are defunct in the Employee's Case with the Lutheran minister at the door with the filing of #12-54944 in Ottawa Court on July 13-2012 SEE www.employeescasecanada.com
4) When asked, I tell people that what I do, I do for my own sake because of what I am. Canada and Canadians will have to set their own priorities.
5) Without belittling Khadr's plight, the Employee's Case now negatively affects Canadians in a far more direct fashion.
6) A harbinger of Canada's arguably Third World status is reflected in an article on Chinese justice A13 '(commercial artist) Ai's condemnation of the Chinese justice system echoes criticisms by many other dissidents who believe that many of the country's deepest social problems have their roots in the failed rule of law.'
'The Outlawed Canadian'