This Letter to the Editor of the Ottawa Sun (Sept.
30-2014) says it all:
NO JUSTICE
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).
FROM 1999
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.
For those who wish current events;SEE RECENT & RECENT2:2015
& 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)
e-mail: employeescase@gmail.com
ANTI-JUDGE DAY
PHOTOS
UNITY PARTY
REDNECK MEDIA
EPOCH NEWS
MISSING LINK
CURRENT DEMONSTRATED
ABILITY ORIGINS
JUDGING JUDGES EDUCATION
RELIGION
UNIONS PENSION-LEGAL
ORAL ARGUMENT
S106159 JANUARY-2011 MACKENZIE
APPEAL(CA038538) FEBRUARY-2011 MARCH-2011 SUPREME
COURT OF CANADA MAY-2011
JUNE-2011
FEDERAL COURT SEPTEMBER-2011
OCTOBER-2011
NOVEMBER-2011 FEDERAL
COURT II DECEMBER-2011 FEDERALCOURTIII.
SCofC-THE LAST HURRAH JANUARY-2012 FEBRUARY-2012 MARCH-2012 MAY-2012
JUNE-2012 OTTAWA COURT 12-54944 SUMMER2012 SEPTEMBER-2012 OCTOBER-2012 SCofC Strike4 REPLY-54944 NOVEMBER-2012
AFTERMATH 54944
APPEAL 54944 COSTS 54944 CANADA'S GETTYSBURG
ADDRESS JUSTICE
FOR ALL EMPLOYEES
JANUARY-2013 SHAMEFUL
JUDGES ARMAGEDDON APPEAL.DC-12-1872 FEBRUARY-2013 SCofC.VII-BEYOND
ALL REASON CA038538.SURETYAPPEAL MACKENZIE
CREED MARCH-2013 APRIL 2013 MAY-2013 SCofC.REGISTRAR JUNE-2013 PETER MACKAY Jus.Min. FEDERAL
COURT IV
SEPTEMBER-2013
REPLY 21A.13-58607 OCTOBER-2013 DIV.COURT-ARMAGEDDON
THAT'S ALL, FOLKS! NOVEMBER-2013 B.C.LABOUR
BOARD Nov-2013 TRANSCRIPT.NOV-13 SCofC-DISNEYLAND
ANATOMY OF A LEGAL SCAM DECEMBER-2013
A NEW YEARS RESOLUTION JANUARY-2014 FEBRUARY-2014 REPLY25A.59060Apr10-14 MARCH-2014 REPLY-58607(Mar.13)
& 59060(Apr.10)-2014 APRIL-2014 REPLY 25A 13-59060 Apr03-14 MAY-2014 McKinnon.j.#13-59060
APRIL 23-2014 Appeal of McKinnon May 14-2014 TRANSCRIPT
#13-59060 JUNE-2014 TEACHERS FORUMPETER.MACKAY(Jus.Min.)June
6-2014 ROUGH
JUSTICE JULY-2014 AUGUST-2014 FACTUM-AUG.06-14 SEPTEMBER-2014 BASEBALL
JUSTICE REPLY25A(2)14-61592 IT'S A
FRAUD! THE BOBBSEY TWINS CHIEF JUSTICE
STRATHY OCTOBER-2014 NOVEMBER-2014 ALFIE TANGLED WEB SCARLET
LETTER DECEMBER-2014 SWEETHEART
DEAL FALSE
FLAGS LETTER TO THE CONSPIRATORS-DEC.10-14 RESPONDENTS'
STATUS REPLY-DEC.23-14
JANUARY-2015
Fed
Court.4.T-2360-14.Jan.12-15 REPLY TO UNION.T-2360-14 REPLY(2)
FEBRUARY-2015
MOTION RECORD-5 Feb.09-15 FEDERAL
COURT SCAM
FEDERAL COURT DEBACLE MARCH-2015 "DIFFICULT
LITIGANTS"
FED.COURT.re-submission.Mar9-15.T-2360-14 GAME OF SILLY BUGGERS APRIL-2015
QUE.550-17-008208-157 FEDERAL COURT
HI-JINKS Apr.13-2015 SCofC plus
Employer(Que.)
MAY-2015 JUNE-2015 Native
Problems CALLOW
LETTER GATINEAU HEARING.Jun08-15
HOW
THE EAST WAS LOST THE BEEHIVE-A MORAL FABLE MAGNA CARTA &
THE EMPLOYEE'S CASE ARMAGEDDON-SK,ON,QUE. JULY-2015 AUG-2015 CAPITALISM INCOMING
MINISTER OF JUSTICE THE
SASKATCHEWAN LETTER DUFFY TRIAL SEPTEMBER-2015 REPLY
SK QBG 1902-15 OCTOBER-2015 ANATOMY
OF A SK JUDICIAL FRAUD NOVEMBER-2015
P.M.HARPER & P.M.TRUDEAU QC.Appeal.550-.Nov.
02-2015
FEDERAL COURT
DEBACLE-Nov.2015 DECEMBER-2015
West Vancouver School Board letters.D.21
& 27-2015
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!
Quotes:
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"
Sincerely yours,