Sunday, October 2, 2011

Legal Costs Laughing Matter to Ombudsman

Those who dare go up against Government generally find themselves fighting a David and Goliath battle where Justice is not weighed on evidence, but on the fact government has unlimited access to resources (funded by taxpayers) and nothing but time on its side. Stonewalling (used by every political party) must be recognized as wrong and measures implemented to put an end to this inhumane and costly practice.


It should be noted that the Manitoba Labour Board and Manitoba Human Rights Commission were first initiated by Government to allow access to those who could not afford to go to court, or may not have had the mental capacity to enforce their rights. However in reality, “Discount Justice” is merely a cruel illusion as noted by the province in "When Bad Things Happen": where complainants felt victimized all over again by the process; feeling 'they' were held in contempt for coming forward and treated in a bullish manner. The process seemingly more intent on a quick dismissal of complaints--especially when one dared to challenge the government's status quo.
 
Statistics speak for themselves that complaints against the government are more likely to succeed through the courts than through the government control quasi-judicial processes: Labour Board and Human Rights Commission. In my case, the initial intent was only that I be given a fair employment reference consistent with that stated in her personnel files.
 
As my requests were repeatedly ignored, November 2010 I posed the question to Manitoba Ombudsman Investigator, Kris Ramchandar:  "Why is it that the Government of Manitoba would feel a need to hire and spend an exorbitant amount of money hiring a private law firm (Thompson Dorfman Sweatman) when they have their own Civil Legal Services (32 lawyers) -- surely myself, a person with a disability and vulnerable would not merit such an aggressive defence?”
 
Ramchandar laughed and nodded in agreement  (audio taped with his permission), “Well now, that would be a question to ask your MLA, Dr. Jon Gerrard:  It would be up to the people of Manitoba to ask that question.”

The protracted length of time, the fabrication of a defence (documented evidence that now supports claims of perjury) and burying a victim in bureaucracy, only adds to Manitoba's growing deficit, as the matter is still ongoing and accumulating more legal fees. The only person not getting paid is the victim. Where accommodation would have cost nothing, the true cost borne by taxpayers remains unknown as CSC has denied access to the overall costs of legal fees and disbursements for both its in-house, as well as TDS (TDS claiming 3rd party privilege). The denial of the request for information was denied by Manitoba Ombudsman Irene Hamilton.


Is this Government accountability and transparency? Or, is this bullish? Send an email, or call your MLA... do what is possible and trust that the impossible will be taken care of.

No comments: