This Letter to the Editor of the Ottawa Sun (Sept. 30-2014) says it all:
Re; "Losing faith in our justice system" (Eric Duhaime, Sept. 25): We all have reason to be cycnical, as most developed countries, including Canada, no longer have true justice systems. Canada has a legal system controlled by the only two legal crime syndicates in the world, the legal profession and the judiciary, along with their footmen, the politicians. Until we get a politician with some guts and backbone to overhaul the legal profession and judicial system we will never have a justice system. Until then the terms "justice system", "justice minister" and others similar should be banned. I won't hold my breath.
Brian Smith - Ottawa (ed. note We have a legal system, not a justice system)
December 28-2014 A second letter to the editor...'it's high time to take a look at electing these jurists.'
(ed. note Right. Lots should be locked up.)
The Ottawa Sun would seem to be trying to create a Tory government vs Liberal judges conflict when the real conflict is nothing more than 'the Old Boys Club' being horrid. Electing judges will make no difference.
"What must be avoided at all costs, is a fundamental deprivation of justice under the law." Justice Estey St. Anne-Nackawic
PLACARD: HARPER 'HE IS IN WAY OVER HIS HEAD' with the Canadian Justice System (So much for his 'law and order' government) Now it is the turn of Trudeau
for media purposes
EXHORT B.C. TEACHERS TO PLACE ALL SCHOOL DISTRICTS ‘INTO DISPUTE’ UNTIL EMPLOYMENT IS RETURNED TO SENIOR WEST VANCOUVER TEACHER, ROGER CALLOW, WITH ALL TERMS OF THE CONTRACT TO APPLY.
AUGUST 06-2014 ‘Use it or lose it’ and B.C. Teachers would appear to prefer to lose it (due to their failure to place all B.C. School Districts ‘into dispute’) which is not lost, to be sure, on Employers seeking to exploit the ‘right to work’ modus operandi. Unfortunately, Ontario Teachers were also MIA in publicizing in Ottawa Courts (Nov. 04-2013) the Appeal DC12-1872 . Professional Teachers of Canada can no longer afford to be MIA as the entire Union Movement is at stake in this ‘political trial’ highly embarassing to the judiciary who would dearly love to ‘duck out’ once again but can’t if the necessary publicity is attained. Think about it, fellow Canadians. APRIL 10-2014 was a pivotal Ontario Superior Court Hearing regarding the future of Collective Bargaining rights for all employees in a challenge to the ‘Cullen Creed’; the apparent successor to the ‘MacKenzie Creed’ which is different in denying total court access to this plaintiff. That April 10-2014 wacky outcome is being challenged under #14-61592 Hearing Date Sept. 23-2014. ...and that wacky decision involving fraud has been appealed on Sept. 28-2014. SEE REPLY DEC. 23-14. 2015 saw reference to Quebec and Saskatchwan courts as the Justice System continues to be 'ubered' (external attack from unexpected quarters).
September/09 - Welcome to PHASE III of the www.employeescasecanada.com , the 'COMPENSATION PHASE'. (PHASE I, detailed the 'theft' of the professional career of former West Vancouver Teacher, Roger Callow, & PHASE II, the 'Pension Phase' detailed the battle to achieve pension rights). Judging by Canada's judges on PHASE 1 of this issue, anything can and is happening in our courts of law. In this case, it has been the failure of B.C. Teachers to place the School District of West Vancouver 'into dispute' and the concomitant press coverage which, it turns out, is the only defense against 'judge-made' law. Read on, dear reader, and prepare to weep for due to precedent law, all Canadians are negatively affected by this lead civil case in Canada
January/11 – PHASE IV The bid for ‘interim compensation’ as the conspirators have blocked any access to the main issue. Canadian law threatens to collapse over this phase. April 4-2011. It did collapse. SEE SUPREME COURT OF CANADA for third appeal on the unique ‘usurped authority’ theme (…what to do with a tyrannical justice system….) SEE FEDERAL COURT for appeal for court access (September/11) SCofC – ‘THE LAST HURRAH (Jan 01-2012) marks the end of the road for Canada’s Judiciary JANUARY 2013 – CANADA IS NOW A ‘FAILED STATE’
2014:AFTERMATH - SEPTEMBER 23-14 IS NOW THE TARGET DATE (Come and gone as now 2015 in the Federal Court is the theme.) 2015 continues in Que. and SK courts as well.
& RECENT 3:2016 LATTER TO BE FOUND ON NEW WEB SITE FOR 2016 N.B. Note change in nomenclature: employescasecanada.ca (only 1 'e' and change to .ca)
July 1 - 'anti-judge' day in Canada; wear your judge's outfit and carry your appropriate anti-judge slogan (e.g. STAY OUT OF A CANADIAN COURTROOM UNLESS YOU FIRST BUY THE JUDGE)
THEN&NOW - FOR THE '59 MAGEE GRADS ON THEIR 50th ANNIVERSARY (JUNE/09)
Readers of the above web site may learn how a conspiracy of government, justice system, an employer, a Union with the complicity of the media deprived former West Vancouver Teacher, Roger Callow, of his teaching career in 1985 in a matter before over 30 judges in which the absurd proposition of ‘no legal answer became a legal answer’ in 2004.
Preamble to Supreme Court of Canada Appeal
(This Appeal denied in June/04 – explains why Canadian Justice System imploded)
This preamble makes an unusual request regarding habeas corpus
The correctness of the lay-off of teacher Roger Callow from his teaching position in West Vancouver in 1985 has never been properly tested. That fact flies in the face of the law and the Charter of Rights and Freedoms of Canada and yet over 30 judges up to and including the Supreme Court of Canada has not seen fit to insist that Mr. Callow be provided the key evidence of School Board meeting notes pertaining to the matter of his lay-off. To that extent, the judicial system is a part of the conspiracy charge which Mr. Callow has laid against the Teachers Union and the School Board and yet, due to the nature of the law, can only be referred to obliquely. Should the Supreme Court of Canada proceed on the frivolous and vexatious charge by which Mr. Callow is estopped from being granted a legal hearing without insisting, in this most unusual of cases, for the necessary disclosure of evidence to be provided to him; namely, the School Board meeting notes of 1985, then all Canadian law is at an end. Conversely put, it may be asked, how may Mr. Callow defend a negative which is a logical impossibility; namely, that he was not indeed laid off by the West Vancouver School Board in June of 1985?
There are good grounds to conclude that Mr. Callow has been the object of a massive conspiracy to deny him access to the laws. In 1986, Justice Mary Southin, in quashing the arbitration favouring the School Board claiming, as she did, that the arbitrator had been patently unreasonable in his conclusion favouring the School Board, had stated that ‘nowhere did the Board express a willingness to lay off a teacher under the new statute’ implying the fraudulency of the School Superintendent’s letter to that effect. Mr. Callow from his experience from the condemned arbitration in which no School Board member was called to the stand to explain how an increase of 16 teaching positions – any number of which Mr. Callow was capable of holding – submits that, while knowing otherwise, he is being denied any hearing which would give him an opportunity to voice his dissent. Certainly no such reference to the lay-off was publicly made in the monthly report in June of 1985 where the additions were noted in arbitration. No mention is made of any lay-off.
Considering that Justice Southin in 1986 ordered that all material pertaining to the lay-off of Mr. Callow be made available to the court and no doubt serves as the basis of her conclusion, then we submit such information would be the property of the Union and therefore should be made available to Mr. Callow even though the court has decreed that the Union has full control of this matter as far as questioning the matter of his lay-off. Both the Union and School Board steadfastly refuse to hand over this vital information. Indeed, it would appear that it was the laying of a conspiracy charge against the two parties which prompted the current frivolous and vexatious charge by which those two have successfully evaded having to produce the vital ‘missing link’ information. The failure of the two Appeal Court decisions of the B.C. Supreme Court to address that concern is at the heart of this appeal to the Supreme Court of Canada.
Simply put, how can the justice system of Canada in all good conscience deny Mr. Callow access to the court to resolve an unresolved legal matter which even the court has declared should have been re-arbitrated. The fact that the original arbitrator passed away under a law which would not see the appointment of any other arbitrator calls into play the courts role of inherent jurisdiction in order to finalize this case. Failure to do so up to and including one appeal already to the Supreme Court of Canada is a denial of the letter and spirit of the law in Canada.
"The curse of the world is not decisions taken, Blake reflected, it's the decisions shelved, bought off, sidestepped." War Dance Tim Sebastian
It is dangerous to be right when the government is wrong. Pierre Elliot Trudeau (1919-2000) '...Every government must accept responsibility for the rights of the citizens within its own jurisdiction. Canada as a whole suffers when any of her citizens is denied his rights, for that injustice places the rights of all of us in jeopardy.' Someone should tell that to the bozos who now run this country but the idea of any entity being more than the mere sum of its parts would escape them. 'The Outlawed Canadian'
Canada's Maginot Democracy ...high ideals without the wherewithal to support them;
For want of a nail the shoe was lost,
In 1985, West Vancouver Principal, John Williams, and Superintendent, Ed Carlin, buffaloed by student prank to excite parents to a point where the dismissal of a teacher is called for (as per teacher Ken Raison story - see 'Origins')
For want of a shoe the horse was lost,
Former West Vancouver Principal and incumbent B.C. Deputy Minister, Jim Carter, throws caution to the wind and the Parliamentary/Judiciary system down the toilet with passing of the anti-democratic and Union-busting Bill 35, the battle of all teachers as falsely proclaimed by the B.C. Teachers Union.
For want of a horse the rider was lost,
West Vancouver School Board which engineered Bill 35 buys into plot with the 'layoff' of teacher, Roger Callow; the only teacher to ever be laid off under this 'banana republic' legislation (a law passed for a single purpose and then withdrawn before the case is resolved)
For want of a rider the battle was lost,
Arbitration under gerrymandered government-appointed Louis Lindholm is quashed by Justice Mary Southin on the grounds that he did not ask himself the central question. She also noted that the School Board made no recommendation to lay off any teacher. (fraudulent lay-off letter of Superintendent Carlin)
For want of a battle the kingdom was lost,
The judiciary, up to and including Parliament implodes on itself due to their failure to permit the in camera minutes on the affair - which are public knowledge although the Canadian media are unwilling to acquire them on my behalf - to become publicized.
All for the want of a nail.
Canadian media fail to keep public informed as to the implosion of the Canadian Parliamentary/judicial system due to a student prank!
"I will hold you in contempt if you say 'B.C. court system is a joke' one more time.”
(Friday, September 19, 1986 - North Shore News - News Viewpoint)
Right to fire
So West Vancouver School Board has announced it is going to spend another $10,000 to appeal a Supreme Court decision that ruled against the board for firing long-time teacher Roger Callow.
The board's plan to appeal comes after Justice Mary Southin ruled that arbitrator Louis Lindholm should not have approved the firing of the 44-year-old social studies teacher under Bill 35 last year...
"Nowhere did the Board demonstrate the need to lay off a teacher...The Board should return employment to him." Madame Justice Mary Southin in quashing the arbitration.
DON'T LET THIS HAPPEN TO YOU!
(failed appeal for a sixth time to gain a hearing before the B.C. Labour Board)
FAILURE TO STRIKE AN APPROPRIATE BALANCE BETWEEN EMPLOYEES RIGHTS AND INTERESTS OF THE UNION
(Callow appeal of LB Laura Parkinson-Vice Chair judgment - Sec. #3 May 2002)
There is no conflict in this case between Callow's interest and other Union members interest. In fact quite the reverse is true. It is in every teacher's interest to demonstrate that School Boards not be permitted to circumvent the statutory protections against dismissal for alleged incompetence.
It is well understood that collective bargaining schemes require employees to give up certain individual rights, such as the right to sue employers for disputes arising out of the collective agreement, and that in giving up these rights to the Union, the Union is charged with an obligation to represent the employee fairly. However these schemes were never intended to prevent a union member from dissenting or disagreeing with his/her union's position. The effect of Vice-Chair Parkinson's decision is to do just that
In the circumstances of this career ending grievance, there has been disagreement between Callow and his Union representative. Granted the Union has the right to conduct the grievance on its terms, within accepted parameters. It does not, however, have the right to compel the Union member to agree with its conduct of the grievance. Further, it can not abandon a grievance simply because the griever disagrees with the union's conduct of the case or disagrees with a settlement he believes to be unfair. It must proceed to settlement, and can not compel the union member to agree to the settlement. To do so would abrogate the union members right to dissent. The union, being the only party competent to settle the grievance, must do so in a manner that comports with its fair representation mandate. The Union member is entitled to the benefit of that settlement even if he/she disagrees with it. Further the union member has a right to whatever remedies are available to complain (sue Union - RC) about the ultimate settlement. Surely individual rights in the trade offs inherent in collective bargaining schemes have not been suppressed to the extent that individual Union members rights to protest have been eliminated.
Here the Association after telling Callow it would settle his claim whether he agree to the settlement or not (March 18, 1999), did a complete about face on June 3, 1999 and said it would not proceed to settlement without Callow's authorization. Vice-Chair Parkinson approved of the Union's decision to abandon the grievance because Callow refused to approve of the proposed settlement. By so doing she effectively reduced his right to dissent to meaningless token status by saying in effect, that he could disagree but if he did he would have no remedy.
'I feel obliged to tell you what I have told you before. THERE IS NO FURTHER LEGAL ACTION AVAILABLE TO YOU THAT STANDS ANY REASONABLE CHANCE OF SUCCESS.' legal Counsel for Callow
... Even in hoary old Ireland, a condemned man had to give his own name before being executed. Presumably, under similar circumstances, I would - as the targeted individual - be forced to say 'West Vancouver Teachers' Association'. Even Shakespeare let 'Shylock' have a trial!
1) '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.' Cassidy Morris West
2) 'What needs we fear it, for who can call us to account?' Lady MacBeth
3) 'Where is Hitler now that Canada is ripe for takeover?' 'Black Roger"