The following comments are made under the full protection
of all the Rights and Freedoms to free speech that Canadians have, by way
of the Charter and all other supporting Acts, common law, etc., to express
political opinions, political observations (& of human nature in general)
and comment on their government, at all levels and in whatever form they
take, during an election or otherwise. This should also be considered
a victims statement. The following facts are further reasons why
the writer should be entitled to freedom of expression without persecution;
I am a poor writer who can't afford a secretary or proof-reader (especially
with no hope of a lawyer to proof-read), who is under a heavy workload
to try and keep up with paid bureaucrats and who has out performed City
staff for the benefit of the Cawthra Bush & community in general in
the past, that the only way to overcome the common government tactic of
trying to burn out people, groups and their volunteers who oppose government
(plans & actions) is to do the best I can, as fast as I can and as
honestly as I can. And if that is not good enough for you, then fund
the cost to do this work to whatever standard you can afford!
THE HOW OF INJUSTICE;
1). The Friends of the
Cawthra Bush (FCB), and I are too poor to hire
lawyers to present our case and defend our rights in general. Seeing
this the IPC can give any old reason for its judgement and it will stick
as
no Appeal to the courts is possible. This means injustice is
easily done
and easy to build injustice on past injustices.
2). When the IPC writes
an Order, it controls its content. They can and do
leave out the facts that would show their and the City's actions are
unreasonable. Legal fiction comes to mind.
3). The media cares little
for a small grass roots groups issues, regardless
of how it affects the rest of Ontario. The media created Hazel McCallion
and they do not want to have to start reporting they created a monster.
Also, many are of the opinion she has too much pull with her good
friends in the media. One publisher even wrote me saying the reason
he was not interested in a story about the real Hazel McCallion was he
enjoyed good relationship with her!
THE WHY OF INJUSTICE;
A). Government traditionally
operate in secrecy and politicians prefer not
having their misdeeds made public. The Freedom of Information Act
(FOI) was created created to change that but remember the old saying
- "The more things change, the more they stay the same." The FOI
Act
is run by bureaucrats, paid by the government and they will claim to be
independent of the ruling party of the day or the government. I judge
them not by their words but by their actions.
There
are many News articles of bureaucrats working to defeat and roll
back the gains made by the FOI Act's in Canada and I would say in
Ontario there are those in the IPC itself who working towards the goal
of an FOI Act that most Ontarians could not use to hold government
accountable or be meaningfully involved in government.
B). The rulings against
me have created powerful political weapons to be
used to stop FOI requests and to discredit and slander those making
them as well as, removing a persons right to deal with government staff
even if there is no FOI request is involved. In fact, government
can now
threaten to used the FOI Act against taxpayers in order to stop FOI
requests. Following the City of Mississauga's example, make false
claims frivolous & vexatious FOI requesting.
C). The Orders against me and
the fact the City of Mississauga was
allowed to use the FOI process as it did creates another way to do what
government most often does to people/grass roots groups trying to be
meaningfully involved in their government, that is to wear or burn them
out and waste their money on bureaucratic process. Bureaucratic
process they can not understand, the IPC uses administrative law and
few lawyers even understand it. Getting accurate government records
is the life blood of any citizen action and can take months, if an Appeal
is need. Following the City of Mississauga's example, deny access
to
records for false reasons and force an Appeal. Holding up disclosure
till long after the decisions were made that people were concerned
about. Justice delayed is justice denied. This disheartens
people as
they end up fighting for records when all they really want to do is save
a
forest and its salamanders. Frustrate people so they give up and
go
away. Then, with no opposition from the public, government claims
to
be doing a proper job.
Governments consider silence to be agreement.
Bad cases make for bad laws. The outcome of these rulings will affect everyone, if the FCB & I lose, we all do, that is how the law works. The FOI Act was changed by the current Tory government to make it easier to stop persons like myself who were acting on behalf of taxpayers/residents in opposing the unreasonable actions of their local government, the City of Mississauga. My efforts were only to restore residents democratic rights, to allow them to make an informed decisions, on environmental issues of concern in their community, by gaining access to City records through the FOI process.
I can't fight back, my money
is long gone, my personal life is all but in ruins and my health is suffering.
If anyone out there cares at all about their basic rights, now is the time
to help (or send money), or to get this story out, to show Ontarians their
future is seriously endangered and to require the candidates to go on the
record about how they will stop the loss of our rights and begin to restore
them.
You can't
have human rights, while allowing others to lose theirs.
May 1/96 - D. M. a City Barrister and Solicitor, begins legal harassment. He claims a letter I wrote contents "libellous comments" and wants them to be withdrawn or there could be legal action. This lawyer refuses to note what comments he is referring to, so I have to go to City Council to explain how their lawyer is trying to sucker punch me. The City Council then directs him to (act responsibility), come clean with his accusations. When he does respond, he discredits himself by withdrawing his original claim and the comment he does interpret to be at issue, is so far out of context it reminds me of how kidnappers take a perfectly legal newspaper and cut it up to serve a criminal purpose. He was told to jump in the lake and there was no legal action.
More about J. LeFeuvre, the City's FOI Co-ordinator and why her claims about me and submissions to the IPC should not be believed. She carried out the Mayor's order to shut down the FOI Act regarding the FCB's FOI requests in the 1994 election year. After the election, FOI requests were processed again (in some but not all cases), but she kept the Mayors promise to withhold records and used every method she could. Like huge search fees, interpretations of my requests that withheld records and refusing to work with me (in a meaningful way), to find ways for cheap, cost effective access to records.
Sept. 29/98 - J. LeFeuvre signs an
false oath that all comments in regards to Official Plan Amendment No.
11 were being forwarded to the Region of Peel for their review and approval
(all but mine). I am not the only person
to say she signs false affidavits. Later she and the City Clerk
threatened
to sue me. I raised the issue of conflict of interest with
the IPC during an Appeal as she was handling the FOI request. The
City lawyer who handled the Inquiry says it was just an effort to get me
to withdraw my comments - I did not!
More about
your tax dollars a work, here.
Unlocking
Ottawa's Secrets
"Nobody
ever said gaining access would be easy. But by making queries you
can make a difference." & "Access
to information can be a powerful equalizer.",
powerful words from an experienced FOI requester that has made a difference,
for all of us. When you read this remember his and mine intent are
the same but our circumstances were different.
source unknown - July
2 - 2003 - by KEN RUBIN