AUGUST -2014
OPEN
LETTER TO PMO (CANADA)– AUG.01-2014
(FORMERLY
OPEN LETTERS TO THE OTTAWA CITIZEN and U.S. NEWS)
JUDICIAL
LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)
BY: Roger
Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29
year unresolved legal case) now known
judicially as ‘the cluster-fuck case’ which has been through 8 different court
systems and over 30 judges. It's
Canada’s Watergate - Pulitzer Prize winning author being sought. The 'find me a
court' plea has fallen on deaf ears due to Registry and Ministry obfuscation. I
feel like Ralph Nader in 1961 trying to convince the public of dangerous cars
(Unsafe at any speed). Who knows, maybe recalling judges and chief judges may
become standard fare in the future - just like automobiles. To be sure, the
current system is not working.

QUOTES: A) "It's a bit like bridge," he said. "As
long as you play as if the cards most dangerous to you are in the hand of the
opponent who is positioned to do you the most harm, you will generally be a
step ahead." The Patient Michael Palmer
B) '...Still,
what we've seen lately smacks of an activism found in no judge's description.'
'Here come da judge, with own rule book? Ottawa Sun
Feb.21-2014 p.14
ANATOMY OF A
JUDICIAL SCAM
1) The
Employer, the West Vancouver, B.C. School Trustees set this scam into motion in
June of 1985 with the illicit lay-off of senior high school teacher, Roger
Callow.
2) How, may
the reader ask, can the School Trustees expect to win an arbitration when they
hired sixteen teachers while one and at the same time, not sanction the lay-off
of any teacher?
3) By buying
off the arbitrator. Unless a litigant contests a decision, that decision stands
which explains how corrupt opinion becomes law.
4) By
changing lawyers, the matter was referred to court which quashed the
arbitration ruling that the arbitrator was 'patently unreasonable'. He had
changed 16 new hires to read 16 lay-offs adding Callow as the seventeenth. I
was now left in limbo.
IT GETS CURIOUSER AND CURIOSER
5) Without
missing a beat, the pattern above was replicated by the Employer through 8
different courts and over 30 judges culminating in the courtroom of Ottawa
Superior Court Judge, Justice Colin MacKinnon, in a 2 hour hearing on April
10-2014 in an action laid by the Employer (#13-59060)
requesting that the court put an end to this issue and in that process make
the astounding declaration that the Employer to be free of any compensation.
(No compensation has been paid to date under the collective bargaining rules.)
6) In that
endeavor, the Employer asked that all issues
of this B.C. legal case be discussed (in 5 minutes in an Ontario courtroom).
7) In the
past, whenever I had the opportunity, I asked this Employer if they were
obligated to pay compensation? 'Under some circumstances' was the practiced
answer without detailing those circumstances. Nor did the court ask them to do
so. Now, for a first time, they asserted that they had no obligation to pay any
compensation. In short, they were re-running the scam of the original
arbitration.
8) It would
seem that it is difficult to get good conspirators any longer. All other judges
assigned to this case say little in court (sticking to the script that they
have been handed?); merely perking up their ears in assigning costs which
invariable goes against this target. Not MacKinnon. His bombastic comments were
amply reported in the Ottawa Citizen (April 28-2014 p.1) accusing me of treating the justice
system like a smorgasbord and stating that I would be better off with this B.C.
case in Texas or New Mexico (where he parks his brain?) than in an Ontario
court. He took no notice that it was the Employer, not this defendant who was
the petitioner and whom was presenting this B.C. case for finalization. As the
defendant, I requested $30,000 for this Employer tomfoolery ('maintenance'
under the law).
9) McKinnon
did not grant them their wish but refused me the right to appeal his decision
as well as canceling an already scheduled hearing (cowboying)
thus reducing my case to nought through this back
door attempt to give the Employer what they wanted.
10)
Nonetheless, the matter is being appealed as well as referenced to the Ontario
Judicial Council for 'cowboying' (second guessing a
future legal outcome before the case is heard).
11) Of even
more dire consequences of his action/inaction; MacKinnon made no reference to
the 'Cullen Creed' by which B.C. judge,
Austin Cullen in July 23-2013, on his own recognizance, without taking legal
argument, without quoting legal reasons, expelled this target from the judicial
system for reasons best known to himself. That's anarchy. That explains my
appeal in an Ontario court under the provisions of 'natural justice' and
'inherent jurisdiction'. Justice MacKinnon is an abject failure as a judge by
failing to deal with the Cullen Creed. All Canadians are the poorer for his
unconscionable omission.
12) In
short, the Employer's nefarious control over 8 different courts and over 30
judges (including two aborted trips to the Supreme Court of Canada) has been
maintained for close to 30 years in this matter of systematic judicial abuse in which they have the complicity of the
anti-employee media.
13) In the
terms of the Employer, this line from Lady MacBeth is
pertinent: 'What needst
we fear it; when none can call us to account'. No politician nor political
bureaucracy has seen fit to bring a floundering Justice System to task for such
egregious behaviour.
14) While
this case involves only one litigant directly, the principles of this case
negatively affect 35 million Canadians to such an extent and degree that Canada
can be said to no longer function under the rule of law.
OPEN
LETTER TO PMO (CANADA)– AUG.08-2014
(FORMERLY
OPEN LETTERS TO THE OTTAWA CITIZEN and U.S. NEWS)
JUDICIAL
LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)
BY: Roger
Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29
year unresolved legal case) now known judicially as ‘the cluster-fuck
case’ which has been through 8 different court systems and over 30 judges. It's
Canada’s Watergate - Pulitzer Prize winning author being sought. The 'find me a
court' plea has fallen on deaf ears due to Registry and Ministry obfuscation. I
feel like Ralph Nader in 1961 trying to convince the public of dangerous cars
(Unsafe at any speed). Who knows, maybe recalling judges and chief judges
may become standard fare in the future -
just like automobiles. To be sure, the current system is not working.

'ARCHIE'
CANADA'S
JUDICIAL APARTHEID
QUOTES:
1) 'It has served us well, this myth of Christ' Pope Leo X
(16th century) substitute the phrase
'Canadian Justice System' for 'Christ' RC
2) 'Once a convention is accepted it takes intellectual
dynamite to shift it' The Hiram Key
Knight/Lomas
3) '...Shame on you lawyers! for you have taken the
key of knowledge away from the people. You yourselves do not enter the kingdom
of God, and you prevent those who would enter from going in.' IBID
4) '...because it's far more egregious, and frightening
when the state commits a wrong than when a citizen does, because it undermines
the collective faith in the system....' COLLATERAL DAMAGE O.C. July 17-14 C2 columnist Christie
Blatchford
5) '...(Parliament) meekly surrendering one ancient
Parliamentary prerogative after another, not to the courts, but to a far more
voracious usurper: the executive....'
CHARTER DISCONTENT SHOWS TORY DISCORD O.C. July 17-14 C7 columnist A.Coyne
6) "My friend BlackHawk,
'...We shall no longer sit together by the
evening fire or eat again from the same pot. I have now seen sixty summers and
it is time for me to join my ancestors...
'When I was
a boy my father sent me to the missionaries to learn the white man's language
and his ways...You must see if they have lessons for us, he instructed.
...perhaps someday, history will judge me for what I
tried to do and failed....
I studied
hard and learned to read and write and spent much time with the pakeha's Bible. I learned that it was a good book from a
merciful God and I found it so myself. But I was soon to discover that it was
the white man's Sunday book only and all the remaining days of the week the pakeha felt free to disobey the commandments of his own
God.
It was then
that I first realized that the pakeha's word could
not be trusted, not even on Sunday, for it was not founded in his mana. That his God was good only for births and burials and
his word was as worthless as a broken pot...
Though we
fought with honour the pakeha
had too many guns and too many soldiers....I go to my ancestors knowing that
the Maori mana...will prevail. In our hearts we
cannot be defeated until the earth sinks into the sea."
Wiremu Tamihana,
Maori Chief April 1866
7) Substitute 'Justice System' for 'Church' and the
reader gets the message. '...There must be a way for the Church to
survive by re-thinking what it knows are mistaken ideas. There is an old Jewish
story that makes the point well. At a gathering of rabbis the wise men were
debating a section of Holy Law and one of them found himself at odds with the
rest of the group on a point of interpretation...So he called on the Almighty
to help him prove his case...God replied "(the group) is wrong and (the dissenter)is right"..."Oh,
we pay no attention to heavenly voices," they said, "because the
correct determination on this point was written down long ago." '
MESSAGE:
1) For close
to 30 years in this unresolved labour case where no compensation has been paid in defiance
of such legalities as due process, habeas corpus, there can be no process
without judgment; indeed, the very essence of any legitimate legal system, the
entire sanctity of a written contract in Canada has been lost largely due to
judicial cupidity.
2) The thrust
of this targeted employee's case has been that without a judicial finding, no
compensation may flow; which is the essence of the collective bargaining
procedure. In short, 8 courts and over 30 judges are wrong and to such an
extent, that the Judicial System has been permitted to collapse. The
problem for the Supreme Court of Canada (SCofC),
should they accept their cupidity, lies in dealing with the word systematic, as it is used in the
Employee’s Case for as systematic abuse
it implies institutional corruption; something no democratic government has ever acknowledged. Nor have the
professional teachers, legal fraternity, politicians and media in Canada shown
the wherewithal to stand up to this Herculean challenge. (SEE Quote
8) above)
3) The
thrust of the employer's case is that the employee is merely re-litigating
matters which have already been decided without saying which matters have been
litigated and what is the resultant decision? Over 30 judges and 8 courts buy
into the employer's position in their failure to hold this employer to account
in this argument.
4) The
closest argument supporting the employer's position is labeled the 'universality of unions'. For example,
does the Union represent all interests of an employee right into the question
of collecting his rightful pension? Some judges will permit the client to
present his/her case in court. Others do not. I was one denied that right.
Hence I cannot collect my pension nor prove fraud as it relates to the original
lay-off because I cannot get a court hearing on the original lay-off (although
the request of the Employer on April 10-2014 in Ottawa Superior Court to
discuss all issues revitalizes a
third trip to our illustrious SCofC).
5) The above
question was set to the Supreme Court of Canada (SCofC)
which failed to address it (close to 85% of civil actions are never heard by
the SCofC with no reason given leaving the litigants
with a lower court decision. Due to unique circumstances, no lower court
decision exists in the Employee's Case
thus justifying the moniker of 'The Outlawed Canadian'.
6) Certainly
two Ontario Superior Court judges perceived actions by the SCofC
to be the final action of the justice system; Justice Robert Maranger and Justice Colin McKinnon.
7) In Maranger's case, he avoided the question above by failing
to evaluate the exclusionary 'MacKenzie Creed' which
forced me into a non-B.C. court. He just wasn't interested in being involved in
a B.C. case.
8) The
appeal of Maranger's Order in Divisional Court
produced a definitive answer in that the judges of one province may not
over-rule judges in another province. No case law for this preposterous outcome
was cited. That case is currently being appealed solely on costs but is running
into the kind of flak from the Registries that I run into with all appeals as,
collectively, there appears to be a determined attempt being made to bar a
third trip to the SCofC.
9) A
subsequent hearing launched by the Employer under Justice Colin McKinnon, the
judge whom talks too much, is more scandalous. In this hearing on April
10-2014, the Employer as the plaintiff unsuccessfully asked the judge to give a
judicial finding on this B.C. case declaring that the Employer was free of any
fiduciary responsibility.(The web site details the unusual machinations here
which brought about my request to the Canadian Council of Judges to suspend
this judge for usurping the law.)
10) It was
clear to me in the above hearing that McKinnon was not familiar with either of
the factums from the litigants and had been coached by someone on points not
included in those factums. That is consistent with all other hearings in which
I have asserted the point of view that someone appears to have access through
the back door to the Offices of Chief Justices in 6 different courts across
Canada in this case. The B.C. 'Cullen Creed' of July 2013 made it clear that I
was barred from court access under any circumstances; I submit a first in
judicial duplicity in Canada. Again, the court avoided addressing this key
argument and is one reason for the appeal.
11) It was
the introduction by the Employer to discuss all
issues (in 5 minutes) that is the basis for the appeal of the McKinnon
Decision as the only court competent to discuss this question is the SCofC but must first traverse the Appeal process. Appeal
processes in Ontario here are also running into 'Registry' flak. (The SCofC insists on appeals to go through the lower courts; a
rule ill-suited to the circumstances here.) That's where matters currently
stand.
12) A third
request has been sent to the Judicial Council of Judges for a response to
alleged transgressions by Justice McKinnon as this body appears to be stalling.
13) Placed
in the negative, which no litigant should have to do, no court nor judge has
ever decreed that this case should not be resolved hence the failure
here is primarily one of the judiciary. They don't do what they don't want to
do, the laws be damned.
OPEN
LETTER TO PMO (CANADA)– AUG.15-2014
(FORMERLY
OPEN LETTERS TO THE OTTAWA CITIZEN and U.S. NEWS)
JUDICIAL
LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)
BY: Roger
Callow ‘The Outlawed Canadian’ www.employeescasecanada.com (29
year unresolved legal case) now known
judicially as ‘the cluster-fuck case’ which has been through 8 different court
systems and over 30 judges. It's
Canada’s Watergate - Pulitzer Prize winning author being sought. The 'find me a
court' plea has fallen on deaf ears due
to Registry and Ministry obfuscation. I feel like Ralph Nader in 1961 trying to
convince the public of dangerous cars
(Unsafe at any speed). Who knows, maybe recalling judges and chief judges may
become standard fare in the future - just like automobiles. To be sure, the
current system is not working.

JUDGES MESS
UP...LITIGANTS PAY UP
QUOTES:
'...Still, what we've seen lately
smacks of an activism found in no judge's description.'
Here come da
judge, with own rule book? Ottawa Sun Feb.21-2014 p.14
(The best
graffiti I ever saw was in Guelph, on a parking lot wall. It read
VOTE FOR
NOBODY, NOBODY WILL KEEP ELECTION PROMISES. NOBODY CARES. NOBODY LISTENS TO
YOUR CONCERNS. NOBODY TELLS THE TRUTH!) anon
'The trial was a spectacle, a farce, a
ridiculous way to search for the truth. But as I learned, the truth was not
important. Perhaps in another era, a trial was an exercise in the presentation
of facts, the search for truth, and the finding of justice. Now a trial is a
contest in which one side will win and the other side will lose. Each side
expects the other to bend the rules or to cheat, so neither plays fair. The
truth is lost in the melee. The Racketeer John Grisham
'...The technical term is
"natural law" for the concept that certain things are inherently
right, and others are wrong, no matter what law books or public opinion say,
and we should try to bring man-made laws into keeping with this higher and
unchanging one....' Ottawa Sun
June 2 p.17 columnist John
Robson
'...Maybe it boils down to a
relationship with trust and risk and the answer to a simple question: Is the
sense of security from big government worth the cost to individual spirit and
the power of communities? Ottawa Sun columnist John Snobelen July
19-2014 p.13
'A lesson was learned there and then:
Canadian laws are optional' Ottawa Sun c. Ezra Levant
'...infected with the twin viruses of
tunnel vision and confirmation bias.' legal commentary
MESSAGE
1) For anyone involved
with the judiciary to the extent that I have been over the past 30 years of the
unresolved Employee's Case; one
realizes the value of red tape which is
the issue in political matters such as this one.
2) In that regard,
having a working relationship with the various Registries is all important as
some rules are promoted while others are ignored according to the particular
Court with which one is dealing.
3) Courts do not like
appeals as they are a reflection on a least one judge's ruling and hence a
negative reflection on the judicial system in general. For this reason, such as
the Ontario Justice System proudly proclaims that only 3% of their decisions go
to the Supreme Court of Canada. Either they are successful in resolving matters
(as they would have you believe) or else they are successful in screwing up
anyone who may attempt an appeal. My experience with 4 Appeal Courts - B.C.,
the Federal Court, the Supreme Court of Canada, and now the Ontario courts
would suggest that the latter is closer to the truth.
4) To be sure, some
completely undeserving individual gets an undeserved win before the courts but
that is the 'casino principle'; namely, if there are no winners, the suckers
will not come back for more. In general, however, the 'big guys' win as they have
the necessary muscle to contest judicial decisions with which they disagree.
5) As to Registries,
they are an integral part of this process and must forever guard against
capricious judges on the one hand and arrogant litigants on the other. They
walk a fine line not antagonizing punctilious judges on the one side and
advising litigants on the other without compromising legalities as they are not
lawyers.
6) The politically
correct registries merely reject submissions by saying, 'Sorry, this does not fit
our format' without elaborating. The experienced registry clerk will direct the
customer to the statutes concerned and the forms which can be accessed to that
effect without being specific in order to retain their civil service status.
Sometimes they have unofficial forms behind the counter which give important
direction. Those clerks I depend on as does every lawyer for each court has
their preferences for those rules followed and those side-stepped.
7) I have experienced
3 Appeal Court Registries directly in Ottawa where they are domiciled (The
Federal Court, the Supreme Court of Canada, and the Ontario Courts (Ottawa).
The fourth Court-and the most troublesome- has been the Appeal Court of B. C.,
which is not to brag about treatment received from the other three. In the case
of Ontario, a bid is being made to the Ombudsman Office to expedite the Appeal
process as the Wynne government is hopeless in providing any assistance.
8) Where Registrars,
such as Supreme Court of Canada`s Roger Bilodeau, are
concerned, nicely written letters complete with contact numbers are
included...`don`t hesitate to call` which, while promising much, falls far
short or your needs. For example, Bilodeau dutifully
quotes SECTION 40 which I dutifully respond claiming that I have fulfilled
those conditions. A black hole appears and the correspondence disappears. In
one instance, the SCofC Registry telephoned the B.C.
Court of Appeal who responded within ten minutes to the taped request. Anyone
else is told on that selfsame tape for any Registry court that the court will
get back to you inside of one day. They never do.
9) If a legal issue
falls in the legal forest and is ignored by the presiding justice, does it make
a noise? Absolutely not in the world of Ontario Superior Court Justice, Colin
McKinnon. That's how the Canadian Justice system was smashed. In this case, he
knew about the 'Cullen Creed' from B.C. Supreme Court (July 23-2013) which
barred this plaintiff from B.C. courts `for reasons best known to the judge';
similar to an earlier order, the `MacKenzie Creed of
October 01, 2010 from the same court level which also made this ban under the
`frivolous and vexatious` label.
10) The key difference
between the two Orders lies in the
all-important addition that one so attached may continue in a court of law `with the permission of a judge` which
is a little like pinning a yellow star on the target`s shirt and sending him
into a Nazi courtroom which probably explains why very few litigants contest
this action as it amounts to `death by a thousand legal cuts` should one pursue
this line of attack as I have done.
11) The significance of
the Cullen Creed is that the judgment is absolute: I am barred from B.C. courts
for reasons best known to a judge. That is sheer anarchy. Ontario Justice
McKinnon was made fully aware of that distinction in court of which he was not
aware. His own binding Order added the all necessary `with permission of the judge` to proceed.
12) I have requested
the Ontario Council of Judges to suspend Justice McKinnon in part for giving
sanction to a most egregious judicial order (the Cullen Creed) in his ignorance
of any comment on it. (Forgive us our
sins, for what we have done, and what we have failed to do.)
That is one reason why his Order was
declared `wacky` by me as reported in the page 1 story by the Ottawa Citizen on April 28,2014
although the `Right of Rebuttal` on this point is conspicuous by its absence in
the Citizen article which merely regurgitated his `colourful` judgment. That is
also why the anti-employee media is suspect on these labour matters.
OPEN
LETTER TO PMO (CANADA)– AUG.22-2014
(FORMERLY
OPEN LETTERS TO THE OTTAWA CITIZEN and U.S. NEWS)
JUDICIAL
LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)
BY: Roger Callow
‘The Outlawed Canadian’ in an 'Outlaw Justice System' www.employeescasecanada.com
(29 year unresolved legal case) now
known judicially as ‘the cluster-fuck case’ which has been through 8 different
court systems and over 30 judges. It's Canada’s Watergate - Pulitzer Prize
winning author being sought. The 'find me a court' plea has fallen on deaf ears
due to Registry and Ministry obfuscation.
I feel like Ralph Nader in 1961 trying to convince the public of
dangerous cars (Unsafe at any speed). Who knows, maybe recalling judges and
chief judges may become standard fare in the future - just like automobiles. To
be sure, the current system is not working.

The law is blind only when it does not
wish
to see. The Potato Factory Bryce
Courtenay
QUOTE:
1)'...Modern Western minds love labels; we love to be
able to put everything we come across into a pigeon-hole - it is an
"A" or it is a "B". We have built up so many definitions
and categories that we are slightly fazed if something is impossible to slot
into a box....' The Hiram Key
Knight/Lomas
2) '...they must be a dishonest society...look at how
many laws they have!' Chinese
proverb
3) '...under the wali's
benevolent despotism, Swat was perhaps unique in being completely free of
lawyers....' The Last Prince of Swat (Pakistan)
THE PROBLEM
IS THE BUREAUCRACY, STUPID
REFERENCE: 'We
need to monitor judges more closely' ...The only mechanism we have for
responding to objections about judicial behaviour in
Canada is through complaints to "judicial councils" at either the
provincial or federal level. But this process is also flawed as a method for
monitoring judicial behaviour and helping judges to
improve their performance. Like the appellate process, it is sporadic and
depends on someone bringing a complaint...The processes by which these councils
have also been critiqued for being overly opaque.... Ottawa Citizen Aug. 13-2014 C7 Opinion
RESPONSE:
1) 'Our legal discrepancies, my dear Ottawa Citizen,
lie not so much in our stars but in the Offices of our Chief Justices who have
selected judges 'to do the necessary'; the laws be damned. Think of hockey
enforcers; they have a job to do and they do it just as some appointed judges
are to 'run a job' and they do it. That's why it is deja
vŰ
in that in political trials, such as the Employee's Case, the Order has
been written even before the judge enters the courtroom. That's why September 23 promises to be a 'Court of
Star Chambers'...but there is a price to be paid for such chicanery.
2) Similar to the opinion expressed above, judicial appendages charged
with reviewing judicial conduct are 'more useless than tits on a bull'.
Currently, I have 3 charges before Judicial Councils a) B.C. b) Canada (Federal
Court) c)Ontario
3) As to Legislative oversight, forget it as the politicians care little
about court transgressions as long as no 'doo doo' sticks to them which is
happening 'in spades' with the Employee's Case which makes the Harper
Government look like a bunch of bozos. The ineptness of his Justice Minister
Peter MacKay with this issue is creating a legacy which will be the hallmark of
Prime Minister Harper's political career. In short, there is no longer any rule
of law in Canada as a consequence of the Employee's Case as the web site is
illustrating.
4) The September 23-2014 one hour hearing (10:00 A.M.) in Ottawa Superior
Court (#14-61592) has the added
element of fraud; both on the part of the Respondents and that of the court
(cover-up).
5) It's a key hearing for 21st century justice in Canada. Will the press
attend?...or are they too busy publishing myopic studies with puerile solutions
such as the above?
6) Parallel media coverage of the political scene isn't
much better. For example, John and Jane Public don't give a rat's ass about a
politician exceeding his financial allowances. Indeed, these stories about
politicians - who are merely there to raise money and vote according to how
they are told - belie the true story of a media failure to cover the real story
of the 300 members of the PMO's Office who actually run this country in
secrecy. The real change with a change of government is the elimination of the
current crop of PMO staff.

7) If it had
not been for media exposure, there would have been no Robocall
trial. There has been no press exposure in a much larger Employee's Case. Robocall affects the fortunes of one political party; the
Employee's Case affects the fortunes of 35 million Canadians.
8) By hiding
the campaign manager for Guelph in Kuwait (no affidavit evidence) and cutting a
deal with Sona's co-conspirator not to prosecute him
- for he was in a position to name higher Tory factotums -, the Old Boy's Club
subverted the course of justice lending credence to my claim that disruption of
the course of justice in Canada is routine.
9) While the
media prattles on about 'law and order', Jane and John Public, while remaining
skeptical such as illustrated by the above cartoon, are quite prepared to
accept the trade off for government claims of security with law and order a
distant second.
OPEN
LETTER TO PMO (CANADA)– AUG.29-2014
(FORMERLY
OPEN LETTERS TO THE OTTAWA CITIZEN and U.S. NEWS)
JUDICIAL
LIES PILED ON TOP OF JUDICIAL LIES = CASE LAW for the Employee's Case(Canada)
BY: Roger
Callow ‘The Outlawed Canadian’ in an 'Outlaw Justice System' www.employeescasecanada.com
(29 year unresolved labour legal case) now known
judicially as ‘the cluster-fuck case’ which has been through 8 different court
systems and over 30 judges due to systematic judicial abuse. It's Canada’s
Watergate - Pulitzer Prize winning author being sought. The 'find me a court'
plea has fallen on deaf ears due to Registry and Ministry obfuscation. I feel
like Ralph Nader in 1961 trying to convince the public of dangerous cars
(Unsafe at any speed). Who knows, maybe recalling judges and chief judges may
become standard fare in the future - just like automobiles. To be sure, the
current system is not working.
Three Trainwrecks;the
literal one killing 47 people at Lac Mégantic,Que; symbolic
train wrecks, George Bush's Iraq War and The Employee's Case (Canada); all have
something in common...systematic abuse.
A) Lac Mégantic: '...but
nobody was looking at it from a big picture point of view to say 'Have we got a
systematic problem?...This is the question for the judicial system...our
mission is to try to prevent another accident from happening, and in order to
do that we have to drill down deeply and look at all the systematic issues.'
B) Bush's Iraq War: It's Getting Ugly Out There
Washington broadcast journalist Jack Cafferty. '...the
nonsense that flies out of your mouth during your broadcasts.' BILL 'Well, Bill, let me put it to you this
way: the bottom line is that the country and the Constitution either stand for
something or they don't. The ends don't justify the means - ever. You
are either a nation of laws and you conduct yourself accordingly, or you are not,
in which case you can wipe your ass with the Constitution when it's convenient.
But you can't pay lip service to these bedrock values and then not live up to
them. That makes us no better than any other two-bit government on the face of
the earth.'
other quotes: a)'We're in the fight of our lives, and
many of us don't even know it.'
b) '...that said, I think the process of corruption or
contamination of the media is sinister and subtle (N.B. At one point, over half of U.S. Citizens believed
Bush's pronouncement: 'WMD-Saddam Hussein-Al Qaeda') c) 'Why don't we vote much?
We're never told the truth. Certainly not by the politicians, and less and less
by the sad wreck of the media. d) 'What would slow the decline and maybe help
reverse it? The American people have to get pissed off enough to start changing
it.' e) 'The bottom line is that our government no longer works for
us.'
MESSAGE:
1) So how
does a litigant obtain a focus on the systematic abuse in a legal case? By
addressing the bodies with a mandate to discuss this abuse; namely, the Supreme
Court of Canada and the Government (Minister of Justice). Both of these
organizations have ducked out leaving Prime Minister Stephen Harper with this
legacy: a country without a viable legal system.
2) In the
case of the Supreme Court of Canada, close to 85% of appeals are not heard
without any reason given. In the Employee's Case, however, the two failed
attempts left this litigant in the unique position of being frozen in a
permanent state of limbo as all other rejected cases are left with a lower
court decision; something which does not exist in the unusual circumstances of
the Employee's Case (see web for
details.)
3) There is
never any response from government. Indeed, this story began as an errant piece
of legislation (BILL 35) passed by the B.C. Government in 1985 and used only
against this personage; and then revoked before this matter was resolved
(Banana Republic Justice). Two Attorney Generals from B.C. and Ontario have
ducked their responsibilities leaving Federal Justice Minister MacKay to
resolve this legal matter. He has done nothing. (In 2004, former Que. premier,
Jean Charest, was a Tory Opposition member who forwarded the information to
then Opposition Justice Minister, Peter Mackay, who did nothing...at least he
is consistent.)
4) Hence
getting this matter back before the Supreme Court of Canada - possibly on the
topic of 'fraud' - is currently being frustrated by the lower courts and their
respective Registries over which there is no appeal. That resistance reflects
how weak is the esteem of the legal fraternity for the SCofC.
SCofC Registrar, Roger Bilodeau,
has sidetracked 5 approaches so far for jurisdictional reasons.
5) In the
1990's, one B.C. Supreme Court judge told me: 'Mr. Callow. You have a right to a judicial finding.' "Right, then
where is it?" 'Not my
jurisdiction.' "If not your department, then whose department is
it?" 'Jurisdiction. I don't know,
but not mine.' The point here is that without a judicial finding, no
compensation (includes pension rights) may flow to this litigant. In brief, the
Employer has manipulated the Justice System to avoid all fiduciary
responsibility under the contract setting, as they do, a very dangerous
precedent: "We are not dismissing
you; rather we are laying you off and if you do not sign a $1 quick deed for
all outstanding matters, you will not collect your pension."
6) The above
precedent was enshrined by the second refusal of the SCofC
to hear this case in 2004 under the terms of 'ultimate remedy' (there must be a remedy under the collective
bargaining rules) thus reducing Canada to Third World status.
7) Fast
forward to recent events in which the B.C. Supreme Court in October 2010 and
July 2013 ('MacKenzie Creed' and 'Cullen Creed')
banned this litigant from B.C. courts on any basis for reasons 'best known to
the judge'. Both judges, on their own recognizance, without a hearing, without
taking legal argument, without quoting specific laws, turned the Canadian
Justice System into a wasteland.
8) Five
courts (Federal and Ontario) courts were appealed to under the provisions of inherent jurisdiction and natural justice considering the ban
against me. None of those courts dealt with the content of those Creeds
although the Divisional Court of Ontario (Ottawa DT-12-1872 under appeal) was
tasked solely with evaluating the MacKenzie Creed.
Their brief finding? Without quoting laws or case studies or depending on
hearing presentations, concluded that 'the judge of one province may not
over-rule the findings of a judge in another province'; a highly specious
conclusion.
9) On April
10-2014 in Ottawa Superior Court #13-59060 before Justice Colin McKinnon; the
Employer launched an action requesting that all
issues be discussed with a conclusion that the Employer did not owe any
compensation to this laid-off senior teacher from June of 1985; a preposterous
request to be made in an Ontario court considering that the Employer was not
barred from B.C. courts.
10) The
outcome has been, among other things, assigned to the Judicial Council of
Judges, for not only did McKinnon j. fail to address this central issue, he
decided to award $10,000 costs against me for what was, in essence, an Employer
failure! His decision is being appealed as well.
11) There is
no doubt in my mind that this legal caper is being organized behind the scenes
in a bid to protect the Supreme Court of Canada from a Third Appeal. Apparently,
the SCofC handles rinky
dink issues such as the Union employee who refused to divulge her mailing
address to the Union but is bereft of dealing with a matter of fraud - on the
part of the Employer and the courts (noted in the Preamble to the Supreme Court
of Canada (2004) SEE web HOME PAGE)
cc PMO/SCofC Hon. A. Karakatsanis/Ont. Appeal Court Registrar H. Thomson/ media