Saturday, March 23, 2013

Journalism lost its guts?


Defending against aggression by blogging-- because I can.
 


If this is happening to me
surely I am not the only one.

Another year gone by, and
in many ways the pursuit of truth
and justice seem more distant
than ever as journalists stand by
merely as observers,
unwilling to pick up the story.

 

When a public authority does not
act in a lawful manner,
void of all integrity such conduct
must bear the consequence of
having that aggression made public.

 

As Manitoba Premier Greg Selinger described it, (Jan 12, 2013, FINANCIAL AID FOR POOR POLITICIANS? ) justice "has really become a club for millionaires and, in some cases, billionaires… and democracy needs to function in a way that average people have a chance to participate in it...” No truer words spoken by a politician.
 
 
A FAX was sent to the Manitoba Court of Queen's Bench in response to a notice I received by regular mail of a court date scheduled for Wednesday, March 13, 2013 before Master Berthaudin. When I checked the Manitoba Courts Queen's Bench Registry Saturday, March 9, 2013 the Registry showed as follows:
 
Court Date Mar 13, 2013 Status: DELETE Notes: RE: ORDER Deleted
 
 
FAX dated March 10, 2013, requested assistance and written confirmation that the court date was in fact, not happening stated as follows:
 
 
 
TO: Court of Queen’s Bench,
QB Chief Justice Glenn Joyal,
Judicial Services, Executive Director Karen Fulham
 
DATE: March 10, 2013
 
I received notice after work on Friday (March 8, 2013) that Master Berthaudin was signing off on Order and Bill of Costs on Wednesday, March 13th. I checked QB Registry that states “Deleted”... Please clarify that the master is not dealing with either Order or Bill of Costs due to 1) insufficient 4 business days’ notice to me and 2) Complaint pending against Master Berthaudin. (correction: 7 days' notice required according to QB Rules) 
 
 
Please be advised that if Mr. Bock’s ongoing assault does not stop, I will be seeking a restraining order against him and any member of his firm.* As partner of Aikins Law, Bock knowingly acted in a conflict situation. I first consulted with Aikins Law partner Brent Ross August 30, 2009 providing documents for his review, specifics relating to this action.
 
 
And again, on April 17, 2012 I emailed Brent Ross Subject: “Statement of Claim Rowan vs TDS (Thompson Dorfman Sweatman)” attaching a copy of the claim asking if he’d take on the case. His response by email, “I opened it up and realized it’s against another firm/lawyer …. Our firm is regularly retained by the law society to defend these cases…”  
 
 
Mr. Bock cannot claim ignorance that a conflict existed especially given at the August 20, 2012 hearing I repeatedly referenced communications with Mr. Ross: Brent Ross a senior partner of your firm--Aikins Law before you were even retained, and his professional opinion even then was, “Yeah, they certainly could have handled that better…” 
 
 
No call on that from the referee, Master Berthaudin—only my delay in not knowing the law is excusable.
 
  
M Rowan
 
 
 
* Note: Requests for help were ongoing to Manitoba Courts as to civil and criminal contempt behaviour by (or directed by) Ted E. Bock, a head Kahuna of The Law Society of Manitoba and senior partner of Aikins, MacAulay Thorvaldson.
 
 
Direct requests were made to Bock to stop the ongoing harassment over several months, described as an ongoing assault and perceived to be pressure (extortion) to sign a false document 'as is' or suffer the consequences of appearing before Master Berthaudin. The same master who is really ticked off about the pending complaint filed by me against him. 
 
If it was really about the money, the Order and Bill of Costs would have been signed off (last year) at the August 20, 2012 kangaroo court hearing. This now brings clarity as to what the members really wanted; a signed Release by me, full of legalese and goobly-gook (that could only be interpreted by a member) to mean that I (unknowingly) signed off on my right to freedom of speech.
 
 
The next move no doubt would have been a cease and desist order against me to stop maintaining and publishing my blog, A bullish government. 
 
 
---------------------------------------- 
 
ANYONE should be able to question, or have explained to them the meaning behind such actions; particularly when they involve court procedures and one is unrepresented and has requested protection by way of accommodation under The Human Rights Code.
 
 
In what can only be seen as an underhanded move, Master Berthaudin and Bock met to sign off on the Order and Bill of Costs anyways on Wednesday, March 13, 2013 which seemed to be of little (or no interest) to Chief Justice Joyal or Executive Director of Judicial Services Karen Fulham.

 
The total of $3,657.50 is said to be owing by me to The Law Society of Manitoba (as insurer and 'muscle') contrary to all past decisions that does not provide costs when a lawyer is acting on his own behalf. As stated in posting, Manitoba Courts Chief Justice Glenn Joyal Don't Stand for No Bullying "Becoming a lawyer, at least in Manitoba, is like joining the mafia..." especially if you run your own insurance protection plan (see Law Society Member Benched!) :

 
Excerpt from the members' insurance manual, "Safe and Effective Practice", 
"The lawyer who has been negligent should not try to be the one who repairs the situation....But it is important to realize that if the Law Society makes use of able and imaginative lawyers from the earliest possible moment ... the number of ways in which this may be done are infinite... It is very instructive to see what can sometimes be done in what is usually assumed to be the most hopeless of cases..." (Underline emphasis added)
 
  
In surreal moments such as this, favorite movie quotes come to mind, and in this case I have adapted from the movie, The American President (scene where actor, played by Michael J Fox confronts his Chief in Command):
G Joyal: The Chief Justice doesn't answer to you, Rowan!
M Rowan: Oh, yes he does C.J. I'm a citizen, this is my Province. And in this country it is not only permissible to question our leaders, it's our responsibility. 

 You hit me WE hit you!  

And apparently much harder when done against a member(s) of the Society then if you were to say -- file a claim against a (non-member) like our City Mayor. See QB Registry CI12-01-75787 CHAN, JOE vs. KATZ, SAMUEL M. where costs were fixed at only $750 against a self-represented litigant whose claim was struck out.
Strike One - $750.
Strike Two - see YUGO Wheels of Justice where Chan was penalized $10,000 for exercising his right to clarify The Conflict of Interest Act -- just to ensure there's no Strike Three
 
 
In both cases (mine and Strike One against the mayor) the Registry noted all parties as self-represented which would explain why the mayor was not given solicitor client costs. What is not public knowledge (or lawful) is that in my case, the defendants were given solicitor client costs (and a lot -- $3.657.50) without actually having retained legal counsel. As insurer, The Law Society of Manitoba would be a third party- and by law, you can't claim legal fees when you are defending yourself. (See QB Registry Rowan vs Thompson Dorfman Sweatman -- no legal representation noted).

  
This is clearly abuse; a show of power in retaliation against a self-represented party who dared to file a claim against one of its own (a member of the Society). From the non-existent news coverage on this story (despite the media's noted regular visits to my blog) it would appear the members of the Society do not have to answer to media either.

  
Fortunately in cases like this (much like what occurred with the football players caught online in the Steubenville rape case), the Internet provides an alternative means to inform the public of shameless behaviour and misconduct by upscale boys' club mentality-types that brings to bear (at least in Manitoba's case--poetic) justice, that the crap on their hands gets rubbed in their faces.

  
From the movie: The Scent of a Woman (likely--not soon to be forgotten):
 "Hoo-hah!"
   
To The Law Society of Manitoba and ALL its members --
The "jig is up" -- you have been 'outed'. The forces of law and order WILL prevail.  

NOVEMBER 8, 2013 UPDATE:

Complaint against Master Berthaudin to Chief Justice Glenn Joyal dated and delivered Friday April 19, 2013  STILL DENIED.  Joyal has yet to decide on whether it exists (which says a lot about other cases pending before him.)

 
 
 

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