JULY 09-2018

PRETENSIONS - What would some people & bureaucracies do without them?


BY: Roger Callow  employeescasecanada.ca

QUOTE:  'Government is not the solution to our problems; government is the problem.' former U.S. President, Ronald Reagan


1) Pretensions are a double-edged sword - they are considered undesirable as a personal attribute; but can be the gyst of bureaucracies such as corporations, politics, and the courts. There are a few leaders whom are not pretentious but they are in the vast minority. One is Major General Lewis MacKenzie who is auctioning off his farm due to the recent death of his wife. I heard him speak on Remembrance Day at Ottawa's Technical School during my Supply Teaching days over a decade ago. Canada can be proud of such a soldier and human being.

2) Indeed, the biggest mistake an employee can make is to identify the power of the entity he or she serves with his own power. Such individuals fall a long long way when they have been let go and are searching among their former associates for a new job. I put West Vancouver Superintendent, Ed Carlin, on that list, as he lost his job in 1986 the year after my senior teacher lay-off and never served in the public education field again.(Employer seeking to distance themselves from a fraud in which Carlin and I were both targeted.)

3) I forget the film from the 1950's showing a boardroom scene in which an acolyte standing at the end of a long corporate boardroom is presenting an idea to the President at the other end. With his completed request, the camera shifts down one side of the table as executive after executive turns his non-committal head towards the President. "Good job, Jones," replies the President as the camera moves back down the other side of the table showing each executive bobbing his head in agreement.

4) The political world is so fickle that politicians expect to be out of a job many times hence the importance of the political party to provide coverage for them with interim employment. Pretensions, in other words, get bounced around.

5) The hide-bound legal fraternity does not fear repercussions unless, of course, someone criticizes their own organization and then punishment is immediate and harsh. It is this latter organization which is the focus of this tome. To date, the anti-employee media has been giving them a free ride but that is beginning to change.

6) By custom, it is only the judge whom is permitted to crack a joke. 'Most adroit observation, m'lord' heh heh', is the appropriate response from one of the legal clackers getting three times the salary of the judge.

7) The profession is given to pretension considering that all law is 'judge-made' law. As an illustration from another bureaucracy, an employee is presented a list of duties with the last one being "...and related duties" (as defined by the boss hence the list is redundant under these conditions). Similarly the laws are written in a contradictory fashion permitting a judge to provide his desired answer.

8) What limitation is there offered to the above dichotomy? Justice Estey's oft quoted saying from St. Anne Nackawic is pertinent: 'What must be avoided at all costs, is a major deprivation of justice under the laws'. Hence the 'spirit of the law' is really the essential part of any judgment.

9) Habeas Corpus,  'produce the body' or 'body of evidence in law' underlies all law. That's how 33 years and over 50 judges including the Supreme Court of Canada on 4 occasions has denied this plaintiff the record of the West Vancouver School Trustees meeting notes from June of 1985 in which the Superintendent of WV wrote a lay-off letter sanctioning the lay-off under the recently imposed BILL 35 (B.C.-1985) of senior West Vancouver Secondary teacher, Roger Callow. He claimed a School Trustee support which he did not have. Justice Southin of B.C. Supreme Court in 1986 called for those meeting notes only to later return them 'because she did not use them'. In brief, she covered up a fraud of massive proportions and the succeeding judicial fraternity hearings over the years has sought to 'cover-up a cover-up' which has brought the Justice System of Canada into disrepute in this unresolved case. It is not so much pretension here as desperation for a Justice System in deep trouble.

10) The story which I have regarding the lay-off appears to be that when I refused to have the negative Professional Report on my teaching capabilities from West Vancouver Principal, John Williams, withdrawn by the Superintendent (I didn't trust Carlin from the 1978 experience in which a senior teacher was evicted for so-called incompetence -SEE web: ORIGINS), BILL 35 was my answer. The principal of West Vancouver Secondary in 1978  was Jim Carter whom became the B.C. Deputy Minister of Education and was behind the invocation of BILL 35 in 1985. In fact there were two professional Reports from Williams on the same event; one positive and one negative. Due to my detailed evidence; Williams was caught at arbitration in his lies...but a 'bought' arbitrator is a 'bought' arbitrator and hence it took the court to quash the arbitration ruling Louis Lindholm (deceased shortly after) to be patently unreasonable. I had to change lawyers to get that Appeal. To this day I go without compensation due to inaction from ensuing capricious judges.

11) What I suspect the 'missing memo notes' would show is that a cabal within the Board - consisting of Board Chairperson, Margot Furk, her successor, Mike Smith, two former local Union Presidents whom were close friends of Williams- a former colleague, plus the Superintendent contrived to have me laid off under BILL 35 on the basis that I could only contest the dismissal with the approval of the Union which is a major Union condition. They were not going to give me that permission. They were over-ruled by the parent Union body, the B.C. Teachers Federation, which had proclaimed for a number of weeks throughout B.C. that BILL 35 was 'the battle of all teachers'.

12) Stuart Clyne was counsel for the Board (he handled most of these matters for B.C. School Boards including the highly publicized case in West Vancouver in 1978). It is my submission here that he fraudulently presented information which would be apparent to Justice Southin in the 'June memo notes' hence her cover-up was as much a protection of Clyne's interests.

13) So a legal case which was to be a 'slam dunk' blew up due to cover-up eventually by the entire Canadian Judiciary.

14) In Ontario currently, I am seeking file numbers for two cases in Ontario Supreme Court (Ottawa): a) a constitutional question regarding imposed legislation which applies to both individual and corporate interests. For example, Premier Ford is rejecting the imposed carbon tax. The School Trustees in the Employee's Case claim that court oversight does not apply to such as the imposed BILL 35 (Even if they are right, that does not answer the question regarding compensation which now includes pension rights. Every Canadian employee should be concerned explaining why I have exhorted them to organize a web site: PROFESSIONAL TEACHERS AGAINST IMPOSED LEGISLATION). President Trump is a good example of imposed legislation run rampant.  b) When the court above cashed my court fee on April 13 but did not deliver a file number, I instituted an Action charging the WV School Trustees for fraud in a $20 million civil lawsuit. I have since sent a second fee as requested for that charge and received a file number 'of sorts'.

15) There are two levels of fraud; one regarding the initial one of School Board activities  in B.C. in 1985, the second regarding legal transgressions by Employer counsel and judges across Canada focusing on the transgressions of Ontario Supreme Court Justice in Ottawa (13-59060 hearing April 2014, ) Colin McKinnon. He wrote 3 Decisions in which none reference the existence of the other. All oversight bodies to date across Canada do not acknowledge these very serious legal transgressions. I have called on incoming ON Attorney General, Carolyn Mulroney to immediately suspend McKinnon until this matter is investigated. That challenge is a test of the entire Ford government.

16)  The Employer in the Fraud Case is directed not to use Harris & Co. of Vancouver in this Ontario case as that will invoke its own set of criminal charges against them by me. A one hour hearing (possibly the third week in September) will be held in which I will request the 'missing memo notes' from the June School Board meetings as a precursor to defining the fraud charge. That is all this court is about-disclosure although in absence of such disclosure, I am claiming the full $20 million in default. Employer action on this charge will be a direct reflection on the Ford government - particularly A.G. Carolyn Mulroney - for good or bad as the case may be.

17) I have kept the RCMP cognizant of events in this case (Montreal Fraud Division) for there is no statute of limitations on fraud. If criminal activity is shown by the above disclosure - and I strongly believe that to be the case - I plan to defer prosecution in the civil action until after the criminal one.

18) In the month of June, Premier Ford and his Attorney General, Carolyn Mulroney, have been the recipients of four Registered letters on this case. Two more were sent in July.  Will the Ford Government follow in the footsteps of the previous Wynne government or instead assert their government control over a run-away Justice System?