Saturday, February 25, 2012

REASON III: Why smart people lie

Politics without Principles - Even dead fish can go with the flow.
 
 

Throughout history, government has been the authority and final word on law and order. Decisions from those holding positions of authority were rarely ever challenged. In light of having no other information, the general public merely accepted what it was told.


The ground rules have changed. Anyone who has access to a computer, a phone line, and an Internet connection can have access to knowledge and information. As a result of media, television and technology, we are now an informed public. We are no longer forced into submissive. blind obedience, nor do we have to accept 'because I said so' as an explanation.
 
 
 
The Government institution is no longer held up as some sacred cow. There have been enough chinks in the armour of our judges, lawyers, mayors, and politicians brought to the public's attention to substantiate the need for real transparency and accountability from everyone and by anyone who has reason to question it.


Smart people believe others are too stupid to know any different.

 

Trust me. I know more than you.

MHRC Intake Investigator Pat Daniels in a telephone conversation suggested I should drop my MHRC complaint because the matter was already being investigated by the Government's Respectful Workplace Policy and the "RWP is the same as Human Rights Code."
 
  • If you ask an authority to document what they have just said to you, and they display signs of annoyance, or become irritated, or worried and/or appear guilty and refuse to put it in writing; you then need to recap what was said in a letter to them. Be forewarned, they REALLY hate that, and will likely treat you with contempt and disgust. My response to Daniels:
As I understand it, the Respectful Workplace Policy, is just that--'a policy'; a policy implemented as a result of our laws… I do not agree with you that the parties commissioned to hear matters pertaining to policy would, or should be dealing with matters of law pertaining to the Human Rights Code…I would like to confirm (as per our telephone conversation) it is my intention to proceed with the Human Rights complaint.

The ‘nice guy’ who does nothing but keep YOU busy.

The first formal complaint to the Ombudsman was July 15, 2009 and assigned to Investigator Bob Baker who advised me, over the phone that the complaint was not accepted for investigation. When asked for the reasons--in writing--he then did, well, 'sort of'' changed his mind, and then asked for more information. For close to a year, he kept me busy asking for more clarification and more information--well into 2010.
  • If you notice that almost a year has gone by and at NO time is your case ever assigned a file number, and then the matter is closed a year later without a formal Ombudsman’s report but rather just an informal letter with nothing more than bland content -- you know you have been taken for a moron. In contrast to the Ombudsman's pseudo-investigation, my own investigation (through access of information in 2011) provided concrete evidence that the allegations against the Government of Manitoba were valid.

  • If you are feeling hurt, disappointed, disbelieving, and/or disgusted that your crusader of justice is dropping you like last night's date -- an abrupt sudden dismissal of you and your complaint, more than likely he was never that nice guy but rather just a player: consider yourself 'played'.
 

 Forms, forms and more forms - bureaucratic red tape.

There are many instances that I was asked to re-submit the same form, as was the case with a complaint filed with the Manitoba Ombudsman regarding the Labour Board’s violation of FIPPA laws which I was asked to resubmit on three separate occasions (no doubt to re-start the clock, and not show that the complaint had been initially submitted to Bob Baker in July 2009.) Each time I  would provide copies of the original complaint, always insistent that the date submitted remain as July 2009.

Defiant compliance

If the authority goes with the authoritarian position: “I’m in control and you’re not telling me what to do” -- consider yourself to be in a power struggle: fight all instincts to meekly bow down to your self-appointed God or Goddess, and then go over their head to their superior and force them to abide by the rules. Some applies if you are feeling challenged, threatened, defeated--you have likely encountered a wall of defiant compliance.
  • Although a complainant may worry that being "too pushy" may harm their position, the reality is, if you are encountering nothing but resistance, chances are your complaint isn't going anywhere anyway. The last thing you should do in the case of stonewalling is nothing.
That had been my mistake (first) with The Labour Board. There was no one assigned, so any attempts to speak to a Board member or Chairperson was stopped dead by its formidable gatekeeper, Registrar Janet Duff. As stated earlier, Labour Board stonewalled for 260 days (median time is 48 days) and when they felt safe enough to do so (assured of no intervention), simply dismissed the complaint. You need to keep 'poking the bear', and in this case that means taking it to a higher authority.
 

Passive Aggressive Behaviour

In response to FIPPA request for information made on MHRC after the dismissal, the Commission eventually released (after the due date) a large bundle of loose paper (nothing stapled and in no particular order). Think of the card game 52 Pick Up with five decks of cards thrown down on the floor. After 14 hours of compiling the documents, first by assessing and separating from the pile my documents, I was then able to determine which were the Government's and which documents were missing (the ones Government did not want me to have.)
 
In the end, through repeated requests more documents were eventually provided but many are still missing. This was brought forward to the Ombudsman's office. Investigator, Kris Ramchandar has yet to complete (or more than likely even start) his investigation from the complaint personally delivered to Manitoba Ombudsman, Irene Hamilton October 2010 and in the presence of Liberal Leader Dr. Jon Gerrard.

 

Stonewalling

Initially MHRC said it would allow Government all the time they needed (stating there were no time restrictions) to file its Reply to the complaint I initiated back in June 2008. It is quite likely, that had I not persisted, it would never had happened. In reality, the law only says the employer has an option to reply, there is nothing that states that the Commission needs to wait for a reply to start its investigation. No doubt because I pressured the Commission on this point, voila, the very next day--Dec 10, 2008--Government had allegedly submitted its Reply.
 
The fact that the MHRC refused to provide me with a copy, and gave really feeble and contradicting excuses as to why they would not provide me with a copy (they had no one to make copies was one excuse), led me to believe that there likely was no Reply on file--just said so to stall. I did offer to come to the office just to review the Reply,  to avoid the need for photocopying at that time (and to confirm it actually was there). But MHRC 'flipped out' and told me not to come to their office in a very stern letter stating, "seeing you have to have everything in writing....We will do our best to disclose it (Gov't Reply) as soon as we can, but it is not expected to be before January."
Question: If Government's rule is document, document, document; why is it viewed as rude and disrespectful on my part to request information be in writing?
  

No response?

If you have done everything by the books, and believe you have proven your case fairly and honestly and yet --
  • nothing happens
  • there is no longer any promise as to when a response can be expected
  • there is no longer any communication or response for updates; and
  • years have gone by and still NO final response has been provided as that authority is legislated to do...
and you have had no group, or someone of importance advocate on your behalf...
and you are experiencing symptoms of severe, traumatic mental abuse: feeling despair, hopeless, helpless and/or inadequate...
It is obvious that authorities have now grown quite tired of you. Based on Government's expert legal resources it has concluded that no one would even notice, let alone care, if it just told you to "F--K Off already!"
Can Government do this?  "Yes We Can" says Manitoba Government.
 
Formal complaint proceedings are similar to any court proceeding. Each party must comply with specific procedural rules, appear before the investigative authority, and file documents that address legal issues of that court or tribunal. Parties are usually represented by lawyers, however, those most vulnerable usually do not have access to legal representation. I went forward with my complaint on my own trusting that if I follow the rules and the law, a fair investigation would be conducted on the matter. The regulations governing the procedures are government. There are legal ramifications if the rules are not followed. 
 
An inspirational quote from the Movie "Taken":
 
I do not have money. But what I do have is a particular set of skills. Skills that I have acquired over a very long career. Skills that make me a nightmare for people like you.
 

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