Wednesday, September 19, 2012

Distance negates responsibility.


MANITOBA INJUSTICE:  Democracy is eroding before our eyes as government authorities forego wisdom and compassion.


When government uses tactics that are threatening and frightening we refer to this as a totalitarian government. When our Province carries out these tactics behind closed doors, and honest public discussion and awareness is suppressed, we are only kidding ourselves that we live in a democracy -- a free world.





 In the past four years while trying to maintain and sustain recovery of a lifelong mental illness, I witnessed unfairness, hypocrisy, ignorance and a lack of humanity at the hands of government and its lawyers. Surprisingly, even after all I have been through, I am not angry or cynical.  As a person with bipolar I constantly search out meaning in all of life's experiences. Like the story of the optimistic child in a room full of manure, despite all odds I too can't help but believe that under all that shit there’s gotta be a pony in there somewhere.  I came to blogging as a form of therapy. I believe in the power of word. Writing has given me back my sense of identity, dignity, pride, humanity and even humour.

It is said distance negates responsibility. It would appear that the Court of Queen’s Bench has successfully completed more passes of my (April 17, 2012) action than our own Winnipeg Blue Bombers, ending my play with a dishonourable sack by the Province.

One would have to take a look at the Province's playbook to fully appreciate how both federally appointed judges and the province carried out such a masterfully-executed play. The hearing at the Law Courts on August 20, 2012 was attended by Aikins MacAulay Thorvaldson (the firm claims to be) counsel for defendants Thompson Dorfman Sweatman but the reality is that Aikins Law is retained by the Law Society of Manitoba. It is understandable the Law Society doesn't want that on record given its position as insurer defending against insurance claims and then on its other face claims to act on behalf of the public's interest. I give you "Oxymoron" the Trojan horse placed to win.

Two lawyers attended from Aikins, Ted E. Bock and Thomas K. Reimer. (See explanation on billing at posting Law at Lunch - More Cowbell). The hearing was presided over by newly- appointed master formerly of Filmore and Riley (which together with TDS and Aikins completes the trilogy of the largest and most powerful firms in Winnipeg).

Master Berthaudin (as would be the case with any provincially paid civil servant) should have recused himself given it was the Province that hired the defendants in the first instance that led to this action. A successful civil suit would most certainly reflect badly on the Province - his employer. A motion was raised to address the conflict but not acknowledged or addressed.


How does the courts distance itself from conflict?


At the first hearing on May 25, 2012 Justice Greenberg was asked to hear the motion regarding said conflict and for an injunction for the defence to 'play by the rules'.


QB Rules require only that notice of a hearing be given. The defendants had indeed been duly served and there were given the required time to file any argument to oppose the motion, but did not do so. Neither defendants, or counsel attended. But then attendance is not mandatory if you are not contesting the motion.


Despite evidence of foul play (abuse of power and influence over an unrepresented and vulnerable litigant), her Ladyship refused to hear the matter without first checking with the defendants and adjourned the motion.

On June 1, 2012 Justice Perlmutter presided at the adjournment but did not carry out his sworn duties. On the basis that years prior he had worked at TDS and 'knew the guys', and made the (unprecedented) decision to not hear the matter. His Lordship's actions were in conflict with the purpose of the Order requested and his actions had severe impact--to me.

Justice McKelvey presided on June 11, 2012 at the third adjournment, or more accurately advised she would not be hearing any issues that day. She adjourned the motion out of QB Court to a Master, a provincially paid civil servant--which takes the court procedures full circle: I did not believe a master should be deciding on such issues and Her Ladyship should have (would have) known an injunction can only be granted by a Judge. (See related posting Upscale Violence King of the Castle)




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It is only on rare and extreme cases that a claim gets struck out and only then, is done if it passes the stringent test of 'plain and obvious' that there is no lawful cause. The master took an unprecedented 25 days to apply the 'test'. Even then his decision contained only bland statements that failed to recognize anything relevant I presented in support of the action. Causes that had been accepted in previous decisions.

MasterB's decision states he relied only on 'oral' testimony. A little hard to swallow, as he told me at the hearing I would not have to go over the issues. He claimed he had read all the documents including my Re-Amended Claim.



With the exception of my 18 year-old son, I stood alone on principle at this hearing. Advocacy groups advised me throughout that they were unwilling to chance a reduction in funding from the Province should they come forward and advocate on my behalf.

Upon entering the court room my son removed his cap, a polite gesture generally reserved for his grandmother. When I introduced him to both Aikins’ lawyers he stood up to shake their hands and exchanged social niceties, as is his nature. I believe my son exhibited instinctively the most effective way to promote social and economic justice. It starts with respect -- despite differences and despite conflict of the situation.

How is it possible for lawyers to smile, shake hands, connect, inquire about plans for summer and college etc., and then erase from all consciousness, any awareness that their inhumane acts would have hurtful consequences to actual people and their families? The problem is growing to epidemic proportions.
 
Diagnosing the Failure of Professionalism among Lawyers and Finding a Cure. It is an imperfect justice system that allows, and perhaps even encourages lawyers to manipulate the system. Yet, because prosecutors, judges and many politicians are also lawyers, they say that lawyers benefit from the very system they create..."
 
 
Support is needed for those who can't stand up for their rights. There is NO advocacy for people with mental illness, particularly if their complaint is against the Province or its government services. Not until we allow and encourage civil behaviour of politicians and provincial gatekeepers, will we be able to ensure civil rights for everyone.
More than ever Manitobans are in need of a new perspective. Time for action.
 
  • Time to rethink mental illness and connect in a more humane way.
  • Time to break through a new path. If not you, than who?


More than at any time in history mankind faces a crossroads. One path leads to despair and utter hopelessness and the other to total extinction. Let us pray we will have the wisdom to choose correctly.
Woody Allen
 

Sources:

Community Living - Manitoba: When Bad Things Happen. Manitoba Women with Intellectual Disabilities... a study