The State of the Canadian Constitution eh?

 

THE BEAUTY AND THE BEAST OF IT ALL

A century that began with children having virtually no rights, will likely end with children having its most powerful legal instrument--our Constitution--have virtually no effect at all as our Charter regulators are outsourced. Equality before the law will now cost you a pretty penny (oops)--or should we equate that to--ah pretty loonie? 

Most people are not aware that all our laws are based on Constitution Acts, 1867-1982.[1] The Bill of Rights was approved in 1960 and later expanded in 1977 to include the Charter. The Charter is there to protect our fundamental freedom and rights: democratic, legal, equality and protection from discrimination. Members of the Legislative Assembly (MLAs) are responsible for making laws in accordance with the Constitution for each province.

Remember when Manitoba Provincial Government's motto was "At Your Service": When you could speak to a civil servant and expect a response in regards to your rights and the law? A time when a live person could be held accountable to you -- you, a valued stakeholder. If appropriate, you could escalate an unresolved issue and that action had consequence.

 

Please be advised of new changes, already in effect.

Change 1: Work formerly done by civil servants under the direction of a Minister answerable to Parliament is delegated out to the Executive branch.

Change 2: Executive functions are now delegated to administrative tribunals: labour tribunals, pension boards, licencing boards, immigration appeal boards, and human rights (and more). These tribunals (independent oversight bodies) are not answerable to Parliament, or the oversight's body oversight body: The Provincial Ombudsman. (Confused? Let me explain.)

With the new changes in place, if you have a problem with the tribunals' action, or lack of action, you are required to take your complaint to court--bearing in mind, not everyone has the mental capacity, or the financial resources to fight a Charter Rights claim.

As the Chief Justice of Canada, Right Hon. Beverley McLachlan stated in a November 22, 2004 report [2]

It is not for me to say whether the present allocation of power and responsibilities between the Legislative and the Executive is the best one to meet the needs of Canadian democracy today. This is a matter best left to our elected representatives. But in this debate, it is essential that each branch of government continue to acknowledge the commitment of the other to act in accordance with the Constitution.



God keep our land glorious and free ...Protégera nos foyers et nos droits [3] 

 

VALUE LOST IN CONVERSION
Schmidt Happens!

Parliament requires the Minister of Justice, and Deputy Minister, ensures any proposed new legislation conforms to the Charter and Bill of Rights: To that end, they have federal lawyers to brief them accordingly.

Toronto Star's January 19, 2013 article, “Government Lawyer Edgar Schmidt Courageously Blows the Whistle"[4] tells the story of one man, a lawyer who has gone against the status quo in an attempt to persuade his superiors that what they were doing was not consistent with the law, and not in accordance with the Constitution. This article takes us to the root of the problem, the beginning of the end of democracy--the consequences already realized.

See related posting from: A Bullish Government Monkey with Rules--Get a Monkey on your back:Apr 11 2012:

One should question the effectiveness and integrity of such a Society who, without question or investigation, sides with the lawyer and firm of Thompson Dorfman Sweatman against Marielle whose mental disability required minimal accommodation in order to move on to new employment. The Law Society (and courts) by denying her an opportunity to correct the wrong is essentially blaming her for having a mental disability and treated her without any mercy, compassion or dignity. (read more)

Despite the risk to his reputation and livelihood, federal lawyer Edgar Schmidt spoke out against the Federal Government's practice over the past decade, passing bills that he believes violate the Charter of Rights and Freedoms. Frustrated about not being able to get anyone to listen, he decided to sue the government. This resulted in an immediate suspension from work without pay.

Excerpt from the Toronto Star article states as follows:

"Before a federal judge last week, Schmidt maintained that government lawyers are instructed to raise possible Charter conflicts only when the violations are unambiguous. Even if a bill is deemed to have a 95-per-cent probability of contravening the Charter, as long as some argument, however dubious, can be made in its defence, the minister is not to be notified."

The judge made the following comment in response to the disciplinary action against Schmidt in court:

"... the day after filing of the statement (by Mr. Schmidt) bang, you're suspended. It's unbelievable. Your client (Federal Government) has done everything it can to kill this thing...The court doesn't like that...We see that in different countries that we don't like. ...Canada is still a democracy."

As stated in an interview on CBC Radio's "As it Happens" Schmidt said he decided to take the matter to court after a recent trip to Egypt which impacted on him "how fragile democracy is and how much it needs care and tending."

 

Bear this in mind: As tough as it is on Mr. Schmidt for coming forward, this man is a senior lawyer with the Federal Government. Consider for a moment what would it take for you to be able to have your day in court?

 

Are you an able body up to the task? Because we seem to have an overabundance of applicants for the highly paid positions of:   EVERYBODY, SOMEBODY, ANYBODY, AND NOBODY.

 
There was an important job to be done and everybody

was sure that  Somebody would do it –

so no one followed up on the fact that those
 most vulnerable had no help. 

Anybody could have done, what they knew—
by law—had to be done: The facts and evidence 
were all there, but nobody did it.

I’m very sure that Somebody got angry about that
 because it was their job. Everybody thought anybody
could do it, but nobody realized that nobody cared

enough about ‘those people’ to do anything about it.

It ended up that everybody
blamed Somebody

when nobody was to blame

for what Somebody said

an independent body had done.[5]
 

 

---

1. Government of Canada Dept. of Justice Laws     
2. Supreme Court of Canada, Remarks of the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada Conference on the Law and Parliament Ottawa, Ontario Monday, November 22, 2004.-  
3. "O Canada" -- A Canadian Heritage was proclaimed Canada's national anthem on July 1, 1980, 100 years after it was first sung on June 24, 1880.
4. See complete January 19, 2013 article on Toronto Star website “Government Lawyer Edgar Schmidt Courageously Blows the Whistle” 
5. Adapted from http://www.englishclub.com/grammar/pronouns-notmyjob.html

FINANCIAL AID FOR POOR POLITICIANS?

In Winnipeg Free Press December 29, 2012 article "Selinger's got game" Manitoba Premier Greg Selinger thinks it is appropriate to prioritize taxpayers' money  (despite the province facing the largest deficit in recorded provincial history) to support the financial hardship incurred by--egad,  politicians during elections. This epiphany came at the heels of the new Leader of the Opposition Party--Brian Pallister's purchase of a $2 million mansion in Winnipeg.

In the United States, democracy "has really become a club for millionaires and, in some cases, billionaires," ... Selinger went on to say, "I think that democracy needs to function in a way that average people have a chance to participate in it...and if that requires modest amounts of public investment to do that, I don't think that's inappropriate." 

POLITICS WITHOUT PRINCIPLES
Even dead fish can go with the flow.

Dear Reader,

Please do your part to remind Mr. Selinger that there are others, certainly more vulnerable (who cannot access the democratic process) than leaders of political parties whose own personal wealth could likely support a small country. Also, are the majority of politicians not in fact lawyers? What's next on your game plan--send a poor NHL player to camp? 

When you consider that the average income for an individual in Manitoba is $29,250 according to 2010 Stats Canada, and the average hourly rate for a lawyer is $250 to $600 an hour, it is safe to say, the average person is not being represented. It is well reported in my blog, and would appear to be the consensus of expert opinion that those that do try to represent themselves generally end up getting badly beaten and bruised as the court system does not encourage or support self-represented litigants.

Self-represented litigants ‘treated with contempt’ by many judges, study finds  as seen in FAIR article.

Jamie Ryan has been fighting for equal access to his young daughter since the day she was born nearly three years ago. When his ex-girlfriend announced she was moving to Toronto and taking their daughter with her, Ryan hired a lawyer and spent $30,000 trying to stop her. The judge ruled against him. “So that was a waste of money, really,” he says.

Since then, Ryan — who owns an Ottawa company called Executive Golf — has been representing himself in court. So far, he’s appeared before seven different judges. Despite some limited success, the experience has been deeply disillusioning. The judges, he says, treated him like a criminal...

Julie Macfarlane is a law professor at the University of Windsor and has interviewed about 280 self-represented litigants in Ontario, Alberta and BC as seen in FAIR article:

What has surprised me is how traumatized people are by the experiences they're having, how many lives are getting wrecked, how much anger and frustration is out there," says Macfarlane who plans to publish her findings this spring. "It makes you wonder, given that self-reps are now a majority in the legal system, how much longer the system can hang on.

FAIR Newsletter - posted January 1, 2013 

Those that are self-represented generally find themselves fighting a David and Goliath battle where justice is not weighed on evidence, but on the fact those with deep pockets (like government, big business, and members of The Law Society) have unlimited resources and nothing but time on its side.  
See related posting: Legal Costs Laughing Matter to Ombudsman

Being self-represented is disadvantage enough, but if you also happen to be a person with a mental disability, you will likely find NO advocacy or accommodation, particularly if the complaint is against the Province or its government services.  

We need to be mindful as to why legislation came up with the concept of tribunals, such as the Human Rights Commission and Labour Board in the first place. These were established (and hoards of tax dollars spent) and rationalized as follows:

• as an alternative to the court system for those most vulnerable;
• for those that could not access the court system
• due to disability or
• because they did not have the financial means to hire a lawyer.

And yet, when I tried to access these government services, I was verbally assaulted, reproached by a board member/lawyer for crossing the line --"delving into a lawyers' world!"  

See related posting:

A Bullish Government: Electronic signatures, rubber stamping ...

Oct 26, 2011

And it seemed to really anger him that Marielle was way over her head delving into a lawyers' world. "This (Labour Board) is not an investigation. It's a trial by paper and you blew it by not going to a lawyer!" In anticipation of ...

http://rowan4u.blogspot.com/

Not until we have a government that actually does fight for the average person, and one that actually encourages and yes--demands civil behaviour of politicians and provincial gatekeepers; will we be able to ensure civil rights for everyone and ensure that we can access our rights to justice as equals in a democratic society.

Peace and Goodwill to all with Mental Illness



I recently watched the true story  of a Nobel Peace Prize recipient portrayed in the movie,  A Beautiful Mind, where the main character suffering from schizophrenia sees, and talks to people who are not there.  At one point the man (a doctor and professor) stops one of his students and (in regards to a second person he believes to be standing beside him) asks the student, “can you see this person too” to check that this new person is actually real before engaging in conversation in self-management of his illness.  
 

I often do similar tests of  'is this for real' when dealing with the labyrinth of political bureaucracy I find myself trapped in. It is important that my blog is not viewed as ramblings by some delusional person who has (as stated in the last posting) admitted to having gone off her prescribed meds, so I try my best to provide well-articulated arguments.
 

I am proud to boast close to 5000 views on my blog  A Bullish Government.  I often wonder if this truly reflects support or just curiosity, or are the numbers reflecting the number of times The Law Society monitors my blog in the hopes  I slip up, and they can either sue me for slander, or institutionalize me to undergo an involuntary psychiatric evaluation.  I hear Dr. Stanley Yaren is an expert on bipolar, regularly used by the courts [which brings to mind the show CSI Las Vegas that always seems to have the same detective on all the cases in Vegas.  But I digress...]  
 

I am not a doctor, but I am a person who has successfully lived for decades with bipolar disorder and have personal knowledge,  as well as professional experience working with organizations in the community dealing with intellectual disabilities. I am also a certified leader with Developing Capable People (Canada) a program that provides a profound understanding of why today's youth behave the way they do.
 

If we are to believe Winnipeg Free Press article, " Student found not criminally responsible for killing her grandmother" as true and factual (and that would be a big IF) I would say that  I find Dr. Yaren’s insight of bipolar disorder to be beyond offensive to the point of slanderous to people like me living with mental illness—not to mention completely inaccurate.  In any event, thank you Winnipeg Free Press for further adding to the lack of insight regarding mental health issues and adding to the ever-growing disinformation that is out there doing further harm to the most vulnerable in our society.  
 

It would seem that Dr. Yaren, in essence, has given the killer a hall pass from having to deal with the full consequences of her actions after only 15 months of committing murder. Madam Justice Joan McKelvey of the Manitoba Court of Queen's Bench accepted bipolar disorder as a criminal defence stating, "Clearly, at the time (of the killing) she  suffered a break from reality that has now been addressed through treatment" based on Dr. Yaren's expert medical opinion.
 

Manitoba Courts made quite an impact (on me anyway) in the way it handled this 2011 murder case whereby a 19 year old girl pushed her 84 year-old Muslim grandmother to the ground of their bathroom floor (where they lived together - three generations). The murder victim died from injuries as a result of the adult teen repeatedly stomping the head and upper body of this poor granny.
 

Let's be real, here --setting aside the 'killing part', could you not see a situation like this unfold in any household, on any given night -- where a confrontation with a teen explodes to the point there is a serious break from reality? I find the lack of insight and transparency of the facts in this case (not to mention baseless defence) more grotesque than any and all recent news involving mental illness to date.  Reason being -- What’s worse?  

1. Doing wrong, or
2. Knowing that you are doing wrong -- have full power and authority to do something about it -- and yet still choose to do nothing?

Bipolar Disorder has been found to NOT be accepted as a criminal defence. As quoted in Bipolar is not linked to Violent Crimes
 

In the wake of Edward Renehan's attempted use of his bipolar disorder as a defense for stealing multiple items at multiple times from the collections of the Theodore Roosevelt Association, the New York Sun's Jay Akasie examines the issues surrounding this particular legal strategy. He quotes defense attorney Murray Richman: "Using bipolar disorder as a defense in a case is just not viable. It's absolutely not a defense — it's an excuse. It has nothing to do with a person's ability to know right from wrong."

Other lawyers told Akasie that "bipolar disorder can have so-called jury appeal if the sufferer has a long and well-documented history of aberrant behavior coupled with requests for institutional help," and that documented cases of bipolar disorder can be used to achieve more favorable plea deals. Most often, however, because bipolar disorder primarily "affects mood rather than cognition," it is not considered a valid insanity defense.

First of all, would you not say that the majority of criminals in the justice system today must have some form of mental illness to commit the crime they were found guilty of in the first place? Why the special provision for this young beauty that had no history of mental illness prior to the murder; bearing in mind violence is not characteristic of bipolar disorder (except of course when the inflictions are turned inwards).


The behaviour described in earlier news reports does not even remotely resemble that as being characteristic of the disorder. What is found, however, is that when a person (with bipolar disorder) breaks the law, the disorder is only a mitigating factor; the motivating cause resulting in the crime is generally linked to illegal drugs and/or alcohol.
 

Regardless -- plain and simple:  whenever laws are broken, there must always be accountability and transparency to ensure that consequences openly and properly reflect that of all parties including public interest.
 

It would seem that the pendulum has swung too far away from timeless values and principles. Our first response when dealing with youth seems to be to cover up for their misdeeds, thinking we are somehow helping them. And, if as a parent, you happen to be affluent, and have access to, and can do the appropriate hobnobbing to enlist all resources at your disposal -- mental illness can be created to get your kid (in this case, an adult) off the hook.

 

 

I don't think it is a coincidence that Dr. Yaren did not diagnose schizophrenia (synonymous with the infamous Vince Li Greyhound Bus beheading) in this young girl's case as the "S-word" conjures up all kinds of bad images and public outrage. This would then tie in to my earlier posting,  Uncivil Behaviour and Civil Liberties where I described how society pre-determines who we favour in any conflict situation based on who has the higher 'social ranking'. 
 

Coming back full circle to my case, Rowan v Thompson Dorfman Sweatman,  I broke no laws and followed all processes to legally address what I believed to be wrongdoings against me. Professional and society's dissent of the difficulties I face as a woman with an "invisible disability" is evident given the manner I was treated regarding my request for an injunction order, in an attempt to stop the ongoing abuses of power, as duly documented and filed with the Court.
 

Requests for help at all levels went unacknowledged. Power handed off like schoolyard bullies keeping things from my grasp amongst three judges (under Chief Justice Joyal's supervision) ending with (yes...) Justice Joan McKelvey. Disability, in this case, did not pass GO with her and the play was taken out of jurisdiction for a Master to 'bench' it. Clearly a violation of my equality rights under Section 15 that is supposed to guarantee equal benefit and protection of the law to groups known to be historically discriminated against. 

"When we allow this to happen, we minimize the potential for dangerous consequences. Someone lost their head here, and Marielle isn't the one to blame for this one."

It is not an accident that Manitoba Justice did not factor mental illness when it was called to act on my behalf. This was an attack, not on some old person but friends with benefits. When I tried to broach the subject of violence within the legal system, I found no one willing to break the sacred code of silence to expose abuse of someone vulnerable, at the hands of one, or a group that belongs to the most educated and upper-income segments of our privileged society.  

 

See related postings:

 Distance Negates Responsibility

 Upscale Violence: King of the Castle
 

A CALL TO ACTION IS NEEDED 

• We need to re-think mental illness and disarm the real problem at its root.

• Time to hold government ACCOUNTABLE to practice what it preaches.

• Time to STOP the harm that is knowingly being inflicted on those most vulnerable.

• Time to GIVE HELP when asked and be careful of what works -- like revolving doors at health care institutions that result in long-term pain.

• Time to STOP with the EXCUSES.

• TIME TO TAKE A STAND AND SPEAK OUT. 

• TIME TO CONTACT YOUR MLA TODAY!!

 

DEC 21, 2012 IS NOT THE LAST DAY OF THE WORLD

BUT IT CAN BE THE START OF A WHOLE NEW WORLD

TO SOMEONE WHO HAS NEVER FELT OF THIS WORLD

Marielle "Marie" Rowan

To those suffering from mental illness ... always remember
 Don't give up because you are loved. (YouTube link - Josh Grobin)

"When you are at the end of your rope, tie a knot and hang on."

Thomas Jefferson

Age of Information...Yet Wisdom in Short Supply

 

In protest to Manitoba Government's lack of support for persons with mental illness, I have decided to stop taking my medication for bipolar disorder which to date has enabled me to maintain and sustain recovery (give or take a few slips) for the past 21 years.

 

Imagine if government blamed you for having cancer?

Growing up on a farm outside of Winnipeg, life was simple: If you wanted cookies – you baked them--you planted grain and had a garden for vegetables. On Sundays everyone went to church and prayed. When there was a threat of tornado or flood–we prayed. When we were grateful for what we had... we prayed. Even when things happened that couldn't be fixed, prayers helped because those things were just part of God's plan--as much comfort as that can bring when you see your dad take the rifle behind the barn with your sick pet--but for the most part, there were civilized codes of conduct--rules.


I used to believe that bullies and thugs were not of my world. However, the sad reality is--it is the bullies and thugs that rule the world. Through no fault of my own, I feel I am trapped in some biblical crisis of God vs. the devil. Power is distributed according to wealth, not wisdom or compassion. Manitoba Justice has weaponized language and its bullet is its slanted "decisions", aimed to objectify, de-personalize and de-humanize those who can't fight back.


It is no accident that Justice did not factor mental illness in its call for action from the beginning going back all the way to 2008. It obviously did not want the rules for civilized and decent behaviour to get in the way. Although disability was always known and confirmed, there is only a nuance as to a 'claim' of mental illness as mentioned in Master Berthaudin's decision.

 

The moral test of Government is how that Government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy and the handicapped. - Hubert H. Humphrey

 

As indicated in the Canadian Lawyers Insurance Association "Safe and Effective Practice" (aka "How to Screw the Public out of their Rights: Law 101) the following excerpt is quite telling:

 

"The lawyer who has been negligent (emphasis added) 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..."

 

To that end The Law Society hired Aikins MacAulay Thorvaldson's, Ted E. Bock and Thomas K. Reimer. And then there are the defendants themselves, the law firm of Thompson Dorfman Sweatman who as recently as September 5, 2012 continued to play hard ball... having no interest to discuss, or inquire as to what a 'mutually satisfactory / reasonable resolution' was in my mind.

 



 

 

You will find no mention in the Master's decision, Rowan v. Thompson Dorfman Sweatman that on March 15, 2012 paramedics were called and hospital attention was required. That it was stated in the Claim that I found 'dealing with the defendants "too much" and wanted to die.

 

Common sense would tell you that a pendulum swings just as far to the left, as it does to the right. And what goes down must come UP. Considering all the odds were against me, a person of sober judgment would have concluded that going up against the likes of the powers that be, would be insane but instead, much like Daniel in the Lion's Den I threw all caution to the wind and put my faith in God.

Too bad one has to die before someone cares.

 

 

How low can lawyers get? Along with a sympathy card from a senior lawyer at Aikins Law on the occasion of my father's death from cancer, on that same day I received from Aikins Law, a Bill of Costs claiming I owed them $3500. It is hard to tell whether the cost of the sympathy card and postage was included in the Bill of Costs but I would certainly not put that past them. In any event $3500 to not be allowed a trial is ludicrous!!

 

 

Costs are not meant to be punitive, nor should it be used as a deterrent from keeping people like me, with a valid complaint from coming forward. And then, for whatever trumped up reason, particularly in my case where I am unrepresented and vulnerable due to a mental disability, gets 'out-played' by having a provincial civil servant strike out a claim that could and would make the Province come across as looking bullish.

 

 

Justice was not done --- nor was it seen to be done.

 

 

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)




*****************************************

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..."

http://www.lsuc.on.ca/media/tenth_colloquium_furlong.pdf

 

 

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

 

Upscale Violence: King of the Castle

Sine die is legal-speak for the court really doesn't want to deal with an issue. The reality is a sine die adjournment is worse than a dismissal because there is no finality. A dismissal would at least provide the reasons of a decision. Here the issue (and you) are basically  ignored — and it is well --  insulting.

Oppression in an otherwise free world.

I had asked for an injunction by way of motion to be heard at a hearing in front of a judge. I live in very real fear that my life, security and freedom rights are threatened. Professional and society's dissent of the difficulties I face as a woman with an "invisible disability" is made even worse when my request for an injunction is unacknowledged, no referrals are made,  and assistance is denied. It's literally every man for himself.

When we think of a vulnerable woman, we don't think of an educated woman with a strong employment history, working husband, private Christian schooling for her children, cottage and two cars.  Women like me are never seen as victims, or having a 'real disability'.

When we try to broach the subject of violence within the legal system, well that's a very controversial subject. It's unlikely anyone would break the sacred code of silence and expose abuse of someone vulnerable at the hands of one, or a group that belongs to the most educated and upper-income segments of our privileged society. That would threaten the status quo and certainly the comfort zone many within the legal society live in.

Where does that leave women like me? Sadly, more than likely in a worse position than I was in at the start. My experience has been that authorities have actually contributed to the problem by dealing this blow, and I am bracing myself for what is likely yet to come.

Injunction orders are there for protection, and there is generally a call to action. In taking my motion (May 25th) and playing a game of  'which shell is your motion in now -- in four more motions?) and then sine die-ing it away until August 20th (nope-wrong shell again) is indicative that the court takes the issue of a woman's abuse lightly. When we allow this to happen, we minimize the potential for dangerous consequences. Someone lost their head here, and I am not to blame for this one.

I realize I am at a distinct disadvantage in Rowan v Thompson Dorfman Sweatman to these white collar privileged abusers who are skilled at playing the game. It is because of who they are that their conduct perceived as questionable is 'kept under wraps'  -- worse yet, is that it is seemingly done under the very noses (system) that is supposed to be entrusted to protect the rights of all people, including those most vulnerable. Without any intervention, the defendants, together with Aikins Law (retained by the Law Society) will continue to impose their power, and use any and all (shielded) weapons for the purpose of intimidation, domination and control.

Where does that leave me?  Well, we have not come a long way baby.

It seems that this is similar to the posting about the border patrol officer who was there to ensure traffickers weren't pirating DVDs (see earlier posting, Prostitution of Law for Sake of Harmony ). Nepali girls were, and likely still are being kidnapped and imprisoned for the brothels in Kolkata, but this was of no interest to the officer.

 The officer stated, “It’s unfortunate,” he agreed, “These girls are sacrificed so that we can have harmony in society."*

*from Nicholas D. Kristof and Sheryl WuDunn novel, Half the Sky:  Turning Oppression into Opportunity for Women Worldwide

"Plain and Obvious" it's about Discrimination

An "Invisible Disability" with a "HEARING" Problem
Hearing scheduled May 25th; adjourned to June 1st adjourned again
Judge Wanted who has no connections with TDS or Aikins Law.

The Simple Facts of the Case: 

TDS prepared one Reply for Government's signature as filed with Labour Board  (before it knew about the Human Rights Complaint).

Olson (TDS lawyer) then prepared a drastically different version which he himself signed. It should be 'plain and obvious' why a lawyer is not supposed to be signing as witness.

Frustrated with the total departure from the truth, Marielle then commenced filing (many) requests under the information Act with Government.  It is this new evidence which is not in dispute, along with the previous pleadings (which is not in dispute that TDS drew up) would support a claim that there was false, misleading information, including perjury and/or at the very least made no attempt to actually do a proper investigation as to what the actual facts were. So this is not a "he said - she said."

Disability only plays a part in relation to how much harm did the lying and stonewalling (etc.) cause? Was discrimination a factor - because they thought they could?

For educational purposes, I have included the claim... 

Rowan vs Thompson Dorfman Sweatman and Olson

excerpts of AMENDED STATEMENT OF CLAIM 
(Re-Amended Statement of Claim Aug 15, 2012 posted see tabs Parts 1-4 above)

Claims payment of lost wages; Damages for mental and emotional distress; Damages for quality of life for her and family

Punitive and Aggravated Damages: punitive damages and aggravated damages as compensation due to the egregious nature of this complaint and injury to feelings, dignity, pride, and self-respect resulting from the manner in which the injury was inflicted i.e. intentional infliction of mental suffering despite knowledge and reasonable foreseeability that such conduct would acutely heighten the plaintiff's sensitivity or susceptibility to mania. Plus Punitive damages for egregious conduct that must be deterred. ...

Background

The plaintiff is diagnosed as bipolar, a chronic lifelong disease. Being employed is a very important part of her life. To a great extent her self-worth and mental well being is wrapped up in her work.

January 2005 the plaintiff accepted concurrent positions with MB Justice, first at Judicial Services as an Executive Assistant, and at QB Chambers as a Judicial Assistant working five days a week. As a result of having flex hours in place, the plaintiff had a perfect work attendance.

With the stability and security of upheld policies and procedures under doctor supervision, her medication was reduced to one drug, and a smaller dosage thus minimizing the effects of tremors and feeling out of sorts. She was regarded by supervisors, judiciary, and senior management as an exemplary employee. Even after termination her three supervisors continued to provide very positive feedback in employment references which led to her present employment.

The plaintiff states that during her employment at OSD special ops of Gov't of MB (March 2007 to June 30, 2008) her health suffered and believed this to be due to the department's failure to follow set procedures, different than what she had experienced at MB Justice.

The claim is to see if the defendant Olson personally, or as a lawyer carrying on business under the firm name of Thompson Dorfman Sweatman LLB...

i)    acted in an unprofessional manner contrary to law;
i)    acted in an oppressive manner;
ii)   acted unreasonably, or unjust;
iii)  failed to act in a conciliatory manner;
iv)  the strategy undertaken was improper or discriminatory to a person with a disability;
v)   fabricated a defence based wholly or partly on a mistake of the facts;
vi)  acted in a manner contrary to government's stated objectives in accommodating and employing persons with disabilities;
vii)  was morally wrong.

Employment was terminated at a time when she was experiencing and exhibiting signs of distress and advised top management that she perceived the situation had risen to a "crisis situation" to her employer a few weeks prior to termination.

General Damages

The claim states that these remaining unresolved issues continue to exacerbate her medical condition resulting in constant cycling of mania and depression affecting her relationship with her husband, her children and community. The hardship of the complaint process far greater than any setbacks experienced due to her disability or the termination of employment itself. The strain has turned her into somewhat of a recluse. Every waking moment is consumed with research, writing letters and recently blogging in pursuit of accountability and justice. She has lived these past four years of her life a shadow of her former self, alienated from her extended family, friends and community; involvement which she used to partake. Her concentration, memory, and ability to make decisions have also been adversely affected.

The Defendants are experts in the area of labour law and would know the rules for employers regarding accommodation.

The plaintiff claims the defendants acted in an unprofessional manner and showed a lack of integrity in pursuing an unlawful defence. As a deterrent to others in the profession, the defendants must assume responsibility for the plaintiffs deteriorated mental state and overall health condition. ...

Overview:

The plaintiff claims the defendants:

• pursued and fabricated a defence where there was no basis for a defence by using tactics that are unbecoming a member of the law profession and failed to advise its client properly, or at all of its obligations and fiduciary duty to act in a conciliatory manner towards a person with a disability.
• knowingly offered false evidence and maintained false pretences to mislead investigations. The defendants suborned perjury, persuaded witnesses to avoid appearing and/or obstructed access to witnesses. In so doing, they not only were in violation of its duty to the quasi courts, but also did harm to the provincial government and its stakeholders in that it put its client in breach of the representations and warranties of the Government of Manitoba  made publicly regarding the quality of service, duty; and care for its employees particularly those most vulnerable.
• have compromised set proresstonal standards in order to please certain civil servants holding positions of significant authority. However as the standards are set out in A Lawyer's Duty to the Court "a lawyer may not be able to act in a way that serves the client's best interests, if doing so would put the administration of justice and the community's confidence in the profession at risk."
• that documented evidence will support a claim of contempt criminal involving both, a public and private injury.3. The plaintiff claims that the breach and conduct has risen to the level of fraud or a serious and intentional ethical breach, and is therefore believed to be outside the scope of the immunity of soliCitor privilege. In that event, the defendants are liable.

The first affront to the plaintiff was when she discovered that a negative employment reference had been outsourced to an employment agency. Although the plaintiff claims that initially the  Consumer's Bureau supported her complaint, once the full weight of the defendants came down on the Bureau, they were no longer able to assist and then advised to retain legal counsel.

Despite the anxiety and difficulty the plaintiff was experiencing, she made every effort to maintain control and present herself in a professional manner. Numerous attempts for a peaceful resolution yielded no response. Letter dated November 24, 2008 to the MLB from the plaintiff stated in part:

The information is provided in good faith and with respect for the Government of Manitoba, as it is my genuine desire to resolve the conflictpeacefully. Mediation cannot begin until a meaningful exchange of perceptions is conducted. I believe the Respondents are in agreement with me that there can only be a win/win resolution and that can only be done in a climate of mutual support and respect.

The defendants failed to certify that the deponent's knowledge, information, and belief were formed after reasonable inquiry, and well grounded in fact. The defendants failed to go over the document it created with the deponent. This is most obvious in the LRA Reply subpara. (x).

The defendants have a duty to ensure sworn documents are not attested to lightly. Undertaken only after reasonable investigation or inquiry has been made that the information submitted is well grounded in fact, compliance with existing laws and undertaken in good faith. The plaintiff claims the defendants induced a witness to swear to an affidavit that contained a different version of events from the facts at issue and of record. Information that has since been refuted.

In 256/09/LRA Request for Review and Reconsideration page 5 para. 7 subpara. (x) a whole paragraph was added by the defendants without due diligence and without corroboration. The document contained an errant notation left behind for the deponent. In response, the defendants offered more lies to cover up the mistake by claiming it was just a ‘typo’. A reasonable person would never accept a whole paragraph as a typo, but the Board did.

The rules of professional conduct states that a lawyer must not compromise professional standards in order to please a client. A lawyer must at all times act in a manner consistent with the goals of the judicial system. To do otherwise would constitute misconduct.

Civil Legal Services (CSL) is the Government of Manitoba’s in-house legal counsel. According to its annual reports the CSL has a high performance rating in the areas of providing prompt, efficient resolution of all legal matters, and without excessive delays. Pursuant to a request under FIPPA it was disclosed that a file pertaining to the plaintiff existed.

On the balance of probabilities, it is likely that the defendants were retained after Civil Legal Services refused to take the lead. In light of the fact that the plaintiff was unrepresented and in a fragile state, resources would likely have been better allocated enlisting the aid of professionals in the area of intellectual disabilities (rather than a “Spin Doctor,”) in line with government’s stated policies in accommodating persons with disabilities in the workplace.

The defendants fabricated evidence of a ‘workplace reorganization’ and then gave false testimony advancing this evidence ten (10) times in the LRA complaint and then twelve (12) more times in the HRC complaint. There was no probable cause or any credible basis to support this claim and believe this formed part of its unfair practices with the intent to delay, demoralize, annoy, injure, or harass the plaintiff; all the while padding the defendants’ fees; negatively impacting the plaintiff and adding to the already overburdened provincial deficit. Information accessed in 2011 stated there was no workplace reorganization at any time. Accordingly, the plaintiff claims that the wrongful acts of the defendants justify an award of aggravated, punitive and exemplary damages.

The Plaintiff further claims that the Defendants encouraged civil servants to engage in the conduct outlined herein and/or allowed such conduct and/or failed to properly give instruction, supervision or control to ensure that such conduct was avoided.

The defendants utilized its full influence to manipulate, control and stonewall the various processes, all of which were intended to wear down the Plaintiff into a position of vulnerability for manipulative purposes. As a result the plaintiff suffered financial setbacks, disadvantaged due to the protracted time and energy expended in pursuing justice.

The plaintiff has endured emotional distress and social embarrassment due to being unemployable due to her pre-manic state and due to the barriers to gain new employment and due to the manner it was done. Duty to accommodate is intended to give peace of mind to protected groups in employment and in the delivery of government services. The plaintiff claims that the defendants failed to treat her fairly, reasonably and humanely at a time when she was most vulnerable and would have known the plaintiff (or even a person without a disability) to suffer the toll of extreme trauma and stress.

The plaintiff believes the defendants took advantage of their status in this city as pillars of the community; members of the finest clubs and golf courses, sure to always be seen at all the finest fundraising events. By all accounts and popular standards the defendants are leaders in this community intimately connected to politics, government, boards and tribunals.

The plaintiff was reasonably entitled to expect the defendants would not abuse the power imbalance. Where is it written that outside the walls of Camelot lives the lives of lesser men (or women)?  To investigative authorities the defendants responded in a dismissive high-handed, contumacious and arrogant fashion regarding this in a  much ado about nothing fashion, without any corroborated evidence to support the belittling.

The plaintiff claims that the defendants have failed to be candid, reasonable, honest, and forthright in its dealings with the plaintiff or with any investigative authority, purposely providing false misinformation in a misleading and insensitive manner. When caught in a lie, the defendants would revert to an more lies to cover up. However, the explanations failed to hold water given procedures are in place which were knowingly not followed and circumvented.

This mental warfare to date continues to cause the plaintiff profound mental and emotional distress aggravating the plaintiff’s trauma and stress beyond belief. Such treatment is in direct violation of her equality and legal rights under the Canadian Charter of Rights and Freedom. The plaintiff claims damages for the defendants’ negligent infliction of mental and emotional distress.

Despite the fact that this proceeding will no doubt add additional stress, even though no lawyer (including Legal Aid) will represent her, she feels even more compelled to deal with these outstanding issues in a court of law. The plaintiff has accumulated thousands of hours of time in research and documenting the process over the years. Hours and hours of sifting through and dissecting all the details. Details that she reviews over and over in her mind. She has extensive knowledge of   the facts and how all the pieces fit (or in the case of the defendants) don’t fit, with the hope that her ordeal will pave the way for those most vulnerable dealing with the same fate.

Prostitution of the Law for the Sake of Harmony

 

A Motion will be heard Friday, May 25th, 2012 at 10:00 at the Law Courts Building asking for an opportunity to allow my proceeding to be heard in a court room against the defendants, Thompson Dorfman Sweatman and Robert William Olson. To do so, I have to ask that the defendants' motion be struck out.

 

Aikins MacAulay Thorvaldson as counsel for the defendants, TDS and Olson, as provided by the Law Society of Manitoba, made a motion to be heard before a Court of Queen's Bench Master (an administrative-type civil servant of the Province of Manitoba), to kill my claim, apparently for no other reason than a clichéd 'who you gonna believe'-- a nobody from nowhere, with an intellectual disability- - or the combined legal power of two of the city's largest, oldest, and most powerful law firms with the added backing of The Law Society of Manitoba?

 

Of course they believed that I would be sacrificed in order that there could be harmony in the legal and government community -- so much so that Aikins Law didn't even bother to file an Affidavit as to the reasons my claim should be struck out. They likely thought all they needed to do was show up.
 

We like to think that we have made great strides in how we treat women: as Canadians we like to think we have distanced ourselves from the atrocities that happen a world away, but have we really?

 

Excerpt from the National Best Seller, Half the Sky – Turning Oppression into Opportunity for Women Worldwide by Nicholas D. Kristof and Sheryl WuDunn:

 

A reporter was at a border crossing in which thousands of Nepali girls are trafficked into India on their way to the brothels of Kolkata. While at the border post, he began talking with one Indian officer who said he had been dispatched by the intelligence bureau to monitor the bureau to keep an eye on DVDs that were being pirated.

“What about trafficked girls?” the reporter asked. “Are you keeping an eye out for them? There must be a lot.”

"Oh, a lot. But we don’t worry about them. There’s nothing you can do about them.”

"Well, you could arrest the traffickers. Isn’t trafficking girls as important as pirating DVDs?”

The intelligence officer laughed and threw up his hands. “Prostitution is inevitable.” He chucked. “There has always been prostitution in every country. And what’s a young man going to do from the time when he turns eighteen until when he gets married at thirty?”

"Well, is the best solution really to kidnap Nepali girls and imprison them in Indian brothels?”

The officer shrugged, unperturbed. “It’s unfortunate,” he agreed, “These girls are sacrificed so that we can have harmony in society. So that good girls can be safe.”

"But many of the Nepali girls being trafficked are good girls, too.”

"Oh yes, but those are peasant girls. They can’t even read. They’re from the countryside. The good Indian middle-class girls are safe.”

 The best index to a person's character is  

(a) how he treats people who can't do him any good, and  (b) how he treats people who can't fight back.  

- Abigail Van Buren

Law Suit against TDS and Robert Olson

 

Once symptoms of a known disability became exacerbated due to a toxic work environment, a government employee (terminated after 3 years of exemplary reviews) followed due process to address her complaints. Marielle, whose disability was known, bears witness to the difficulties, bias, incompetence, perjury and flawed logic of government in the process. On April 17, 2012 a legal proceeding was commenced in the Court of Queen's Bench against the firm of Thompson Dorfman Sweatman and Robert William Olson.

This has evolved into something so much more than from where it all began, just a case of one employee getting a raw deal from the Manitoba Civil Service Commission when it outsourced unfair, uncorroborated and false information to an employment agency. As posted on November 13, 2011 in Law at Lunch -- More Cowbell:

 

From a Government's perspective, particularly at the onset of the complaint, Marielle could not have been viewed as much of a threat. She was out of work. Had no legal representation. And any mental acuity she had at the time of employment with OSD was pretty much fried at the point of termination. And yet Government still called out for "More Cowbell" and rounded up one of Winnipeg's largest firms, Thompson Dorfman Sweatman to join in and clearly made no bones about it.

Why would government direct or allow its lawyers to launch such an aggressive stance without at least one attempt to try to resolve the matter in a conciliatory manner? The plaintiff made several requests to resolve the matter 'peacefully, respectfully and amicably" from the start, but all attempts were ignored.
 

Evidence would show that Olson used hearsay and primarily fabricated evidence to delay, demoralize, annoy, injure, and harass a person known to have a protected disability under the Human Rights Code. Common sense will tell you that these intentional delays work quite well in compounding legal fees and disbursements. Why go for a quickie resolution when you can be Thompson Dorfman Sweatman, creator of a Seinfeld case where top level execs make a lot of money protracting a complaint based on a defence of nothing; now held over for its 8th season…
 

One of the objectives in pursuing this civil suit is to shed light on the lavish spending by Government, money taken from public funds: a practice that continually adds to the provincial deficit. It is no secret that private law firms charge hefty fees for its services. Just how much is yet to be known. Manitoba Ombudsman denied a FIPPA request as to what those legal fees and government costs actually were in pursuing this one complaint. See Legal Costs Laughing Matter to Ombudsman.
 

Perhaps one thing that should be learnt from all this is that if there is any outsourcing to be done, with the intention of achieving a fair resolution in a conflict situation, it would make more sense to go with an independent mediator rather than a private lawyer. An independent mediator would be more likely to strive to avoid conflict – rather than create it in order to pad their billable hours. Independent mediators are also more likely to focus on goodwill and respectful treatment of all persons and not discount someone who is seen to be vulnerable and dismissed as collateral damage.
 

I Marielle Rowan, am the creator of this blog and Plaintiff in this civil suit, representing herself; doing up all the pleadings, research, etc. as I have done for the last four years throughout this quasi-complaint process of Consumers Bureau, Manitoba Human Rights Commission, Manitoba Labour Board and Manitoba Ombudsman.
 

The call is out for a GOOD lawyer to take a stand against those lawyers who give the profession of 'lawyer' a bad name. Right now I stand alone but at least I'm standing on principle. I could use some company.
 

Please also see open letter to Premier Selinger below as to what YOU can do.
 

Thank you.

Marielle

***************************************************************************************

Dear Reader,

 

Please do your part to remind Mr. Selinger that rights that are 'rights only on paper' are meaningless if they are not accessible to those who suffer from mental / intellectual illness who are denied access to the complaint process due to their disability or do not have the financial means to get legal representation. The original purpose of the tribunals were to provide access to the complaint process for those who were not able to because of their disability or did not have the financial means to hire a lawyer.
 

Imagine having a K-12 school that has built a play structure for the early years but allows the seniors to take it over and push out the little guys. Well, welcome to DISCOUNT JUSTICE (as it is known). As stated by a Winnipeg lawyer (someone on the Board of MHRC), who hissed out--the quasi-judicial system "... is not an investigation process. It's a trial by paper and you BLEW it by not hiring a lawyer."

As stated in the Manitoba Community Living report "When Bad Things Happen" most people found that the complaint process (such as Labour Board or Human Rights Commission) was more difficult than they could have possibly imagined and more damaging than what they had initially suffered as a result of the original complaint. The quasi-boards are NOT serving the purpose (or group) it was meant for. It is actually causing more damage, causing someone to expend all their energy on a mirage. Better that government come straight out and say, "We are NOT at your Service". At least then those most vulnerable to government's bullish ways can maintain some form of self-respect and dignity.
 

 

 

ASK QUESTIONS. GET INFORMED. BE PRO-ACTIVE.

 

 

Greg Selinger’s email address is premier@leg.gov.mb.ca.

 

“To improve is to change; to be perfect is to change often.” Winston S. Churchill (diagnosed bipolar disorder)

"… it is possible to recover from mental illness and overcome it and be successful - because Churchill is an example of someone who was able to do that …Had he been a stable and equable man, he could never have inspired the nation. In 1940, when all the odds were against Britain, a leader of sober judgment might well have concluded that we were finished.”  Anthony Storr, psychiatrist and historian