The non conformer's Canadian Weblog

December 1, 2009



Canada and British Columbia  clearly, perversely has a two tied justice system, one that allows ordinary citizens to be abused, another for the civil and public servants, influential   persons, a legacy from the British influence.. smart RCMP officers seem always to get away with injustice as a result too


The Canadian Press  VANCOUVER, B.C. – Vancouver International Airport, where Robert Dziekanski spent the last 10 hours of his life lost, confused and unable to communicate with anyone before his fatal confrontation with RCMP, has denied any responsibility for his death in its defence of a lawsuit filed by the Polish immigrant’s mother.Dziekanski died on the floor of the airport’s international arrivals area in the early morning of Oct. 14, 2007, after four RCMP officers stunned him with a Taser.His mother is now suing the officers, the airport and the federal and provincial governments. Zofia Cisowski alleges the airport and its staff failed her son at every encounter they had with the man after he arrived from Poland and then tried, unsuccessfully, to find his waiting mother.He was in the airport for nearly 10 hours before police were called, including several hours that he spent unnoticed in a secure customs hall, possibly sleeping. In particular, Cisowski’s lawsuit says airport staff didn’t do enough to help Dziekanski when he became agitated and started throwing furniture, prompting calls to police. She claims airport officials didn’t provide sufficient access to a translator and wrongly decided not to call the facility’s own firefighters after Dziekanski was stunned and lying unconscious on the airport floor. The lawsuit also says staff failed to provide Cisowski with any “meaningful assistance” when she repeatedly tried to find out where her son was during hours of waiting. The airport denies every allegation. Airport staff “followed their training, used good judgment and employed the resources available to them at the time to do their best to assist the plaintiff (Cisowski), Mr. Dziekanski and all members of the public in attendance at the airport,” says the statement of defence, filed on Nov. 20.”If the plaintiff sustained any injury or harm, such harm was not foreseeable by the airport or its representatives.” CisowsKi’s lawyer declined to comment, saying he was waiting for statements of defence from the others named in the lawsuit. The airport is the only defendant so far to file such a statement. The airport’s lawyer, Dwight Stewart, said the airport has extensively reviewed what happened and made changes, but he insisted the airport’s policies and procedures were sufficient at the time. “This was a situation that no one at the airport had ever encountered before,” Stewart said in an interview.  “And while it’s unlikely that this would ever again happen at the airport, the airport looked at every one of those systems and did everything it could to ensure that . . . every passenger – no matter the time of day, no matter their experience with international air travel, no matter their language capacity – had a smooth passage through Vancouver International Airport.” Stewart said he ISn’t legally discuss whether there has been any talk of a settlement, but he said the airport is sticking firm in its position that it did nothing wrong.

 The airport faced intense criticism after Dziekanski’s death and made numerous changes in the aftermath, including improved access to translation services, more signs in different languages and increased patrols to find passengers who are lost or in distress. An internal report produced in the months after Dziekanski’s fatal confrontation with police concluded airport staff followed their training and did nothing wrong, but made more than two dozen recommendations that have been put into place . .At a public inquiry that wrapped up in October, the airport repeatedly pointed to those changes as proof it had learned from the incident, while at the same time denying there was anything wrong in the first place. Inquiry commissioner Thomas Braidwood’s final report is expected to be released next year, and it will contain recommendations to prevent similar deaths.The inquiry also focused on the actions of federal border officers who dealt with Dziekanski before he encountered the police and the four RCMP officers, one of whom used a Taser on Dziekanski within seconds of arriving. Cisowski’s lawsuit is just one of several legal cases connected to Dziekanski’s death and the inquiry. Three of the officers will be in the B.C. Court of Appeal this week to challenge the inquiry’s authority to make findings of misconduct against them; Taser International is suing the inquiry commissioner over the findings of an earlier report that concluded the weapons can kill; and the officer who fired the Taser, Const. Kwesi Millington, is suing the CBC for libel.

Overruling recommendations by a local police force, B.C.’s Ministry of the Attorney-General won’t lay impaired-driving charges after a fatal crash last year involving an RCMP officer who was also at the centre of the Robert Dziekanski case. The ministry’s criminal justice branch announced Tuesday it will instead lay a single charge of attempting to obstruct justice against RCMP Corporal Benjamin Montgomery (Monty) Robinson. The charge stems from an Oct. 25, 2008, crash in Tsawwassen, B.C., in which motorcyclist Orion Hutchinson was struck by a Jeep driven by Cpl. Robinson, who was off duty at the time, the ministry said. After the crash, Cpl. Robinson gave his driver’s licence to a witness and left the scene to carry his two children, who were in the Jeep, to the family’s nearby home, defence lawyer Reg Harris said in an interview Tuesday. Cpl. Robinson has said he’d consumed two beers earlier that night and, once leaving the crash scene, drank two shots of vodka at his home. “He had volunteered that he had consumed liquor, yes,” Mr. Harris said. Cpl. Robinson then returned to the scene of the crash, at which Mr. Hutchinson was pronounced dead. The collision was investigated by Delta police, who in June recommended the Crown lay charges of impaired driving causing death and dangerous driving causing death against Cpl. Robinson. But in a statement Tuesday, the government said “available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol, or that he was operating his vehicle in a dangerous manner. …” Unlike other provinces where police lay charges directly, British Columbia requires the Crown to approve charges suggested by investigators. Neil MacKenzie, a spokesman for B.C.’s criminal justice branch, was tight-lipped about what the charge of obstructing justice stems from, saying only that it was due to the “alleged actions” of Cpl. Robinson in the hours after the collision.

The Crown has approved a charge of attempting to obstruct justice — but not impaired driving — against RCMP Cpl. Benjamin (Monty) Robinson, who was involved in a fatal accident last year.  On Oct. 25, 2008, Robinson was driving a Jeep in Tsawwassen that collided with a motorcycle driven by 21-year-old Orion Hutchinson, who was killed. Robinson was the most senior of the four RCMP officers involved in a confrontation with Dziekanski at Vancouver airport in October 2007, during which Dziekanski was shocked with a Taser and died. Robinson testified at a public inquiry earlier this year that he gave the order to use the Taser. He was suspended with pay following the crash and RCMP spokesman Sgt. Tim Shields said Tuesday the suspension continues. Shields said an internal code of conduct investigation was ordered after the accident, but that investigation will not proceed until the criminal case has concluded.

The RCMP  itself does not hesitate to cover up, not prosecute one of it’s own historically now as well. Claiming “We have to wait until the court proceedings are over and then we will hold the adjudication hearing where the final discipline will be decided upon,” he said. “It only makes sense to wait until all the evidence has come in during the court process before that final disciplinary hearing is held.” Of course all of the evidence will not be available if the RCMP itself fully does not investigate the matter.

The motor vehicles branch suspended Robinson’s driver’s licence for 90 days following the crash – a suspension he tried unsuccessfully to appeal. The officer argued in B.C. Supreme Court in March that a motor vehicles adjudicator didn’t properly consider his statement that he left the scene of the collision, had two shots of vodka, and then returned to the scene. Robinson is scheduled to appear in court Dec. 8 on the obstruction charge. His lawyer, Reg Harris, said Robinson will plead not guilty to the charge. “Any criminal charge is a significant event for anybody, so it’s hugely significant that he’s now facing a criminal charge,” Harris said. 

More amazing still, the vehicular accident which resulted in the death of Orion Hutchinson and the obstruction charge to Monty Robinson came one year almost to the day of Robert Dziekanski’s death. Corporal Robinson was suspended with pay following the crash, and over a year later that suspension continues. Note that he wasn’t suspended for his involvement in the death of Mr.Dziekanski, but for the drunk driving and obstruction charge in the accident.

Two men are dead as a result of Mr.Robinson’s direct actions. Will there be any justice for either of them?

see also

RCMP acknowledges public trust eroded after Dziekanski incident  Vancouver Sun –  By Neal Hall, Vancouver SunMarch 24, 2009 VANCOUVER – The RCMP realizes the level of public trust in the force has dropped as a result of evidence emerging at the Braidwood inquiry, which is probing the death of Robert Dziekanski at Vancouver’s airport


Mountie fails to have driving ban lifted The Province – By Keith Fraser, The ProvinceMarch 4, 2009 One of the four Mounties at the scene of the fatal Tasering of Robert Dziekanski at the Vancouver International Airport has lost his bid to overturn a driving ban he received after he was involved in a fatal KILLING


Cop not certified with Taser  24 Hours Vancouver –  By IRWIN LOY, 24 HOURS The RCMP officer who gave the order to jolt Robert Dziekanski with a Taser stun gun lacked the proper certification to fire the weapon himself, the inquiry into the Polish immigrant’s death has heard. RCMP Cpl. Benjamin ‘Monty’


Unbelievable testimony; unknowable pain Globe and Mail –  Just days after the head of the RCMP asked the Canadian public to “walk a mile in the shoes” of his officers, the mother of Robert Dziekanski attempted to get a member of the force to do exactly the same thing with her. 


WINNIPEG — One target of a major undercover police sting operation was a former Manitoba RCMP officer who gave up the badge and later became a high-ranking Hells Angels associate.  Shuttleworth, 39, was arrested at his Winnipeg home early Wednesday by heavily armed members of the Emergency Response Team. He has been charged with participating in a criminal organization, trafficking a firearm, possession of proceeds of crime and conspiracy to money laundering. Police identified Shuttleworth in court documents as a full-patch member of the Zig Zag Crew, the so-called puppet club of the Hells Angels. The documents said Shuttleworth was an RCMP officer between 1991 and 1994 who had extensive firearm training and “an ongoing interest in firearms.”




November 28, 2009


Public Works  comparisons with private-sector real estate: report. Most construction firms jack up their prices when dealing with the federal government, says a new report.” Private sector companies, who build our projects, are intimidated by our processes and controls and account for their perceived extra efforts in dealing with these through increased construction and management fees,” says an internal document even because  payments may be slow, typical of the civil servants outputs now too.
Save tax payer’s money today, stop the abuses, thefts, crime, corruptions, bribes, kickbacks, tax evasions, expense account abuses, living high on the hog, etc. Report it to the news media, government, call the police today. Insist on Gun Controls as well.
Ottawa bus fare hikes, service cuts proposed.. If one looks at all the major decisions made by Ottawa Cty Councillors in the past few years; you can Only reach one decision…  all the Ottawa councillors are inept! Nice “trick” that the council is pulling on us. Threaten us with an 8% increase to cover next years budget, then make us feel better with just a 4% proposal. The city is becoming unaffordable for an average wage earner to live in comfort. We have the highest tax ..  This city is a joke, and all the jesters are in the court of city hall! The gross ineptitude of this council is criminal! Steal from the poor and give to the rich? Super inflated management salaries and entitlements and perks as well as just sheer numbers of these family or political appointees is disgraceful! How many businesses do you think survive when administration (drift wood) is paid more than production workers? I know what I’ve given up on… having a council and mayor that aren’t idiots. Vote the lying Mayer and the inept councillors out. Ottawa is already the highest property tax city in Canada becuase the waste by this council
Que. police conduct first raids in massive corruption investigation The Canadian Press  MONTREAL – A series of police raids in a town outside Montreal was billed Tuesday as the start of a crackdown in a massive Quebec corruption scandal. They were the first strike by a provincial police unit created to deal with a mushrooming controversy that allegedly involves construction companies, politicians, and the Italian Mafia.A police source described the raids in suburban Boisbriand, Que., as the first phase of Operation Hammer, announced in October in the midst of a controversy that has taken its toll on politicians at various levels. The source said Tuesday’s search warrants involved allegations of election-fixing, municipal corruption, defrauding the government, and buying or selling a contract.Police searched Boisbriand city hall, the municipal public-works department, and a local construction company.  Boisbriand became embroiled in a wider corruption controversy when, in October, the CBC’s French service reported on the murky relationship between elected officials and a company that controlled more than half the city’s construction contracts..   
Quebec Liberals accused of turning famed daycare program into pay-for-play vehicle  QUEBEC – Quebec’s iconic $7-a-day childcare program has become the subject of a pay-for-play controversy.  The famous social program has been used to help fill the coffers of the province’s governing Liberals, the opposition Parti Quebecois charged Tuesday.  The PQ said it began examining who’d received contracts to open the daycare centres, and was startled by the preponderance of donors to the Quebec Liberal party. For instance, it said 70 per cent of new daycares opened in the Laurentian region last year were run by Liberal donors.   The opposition demanded that the file be investigated internally, or referred to the province’s auditor general. But the government minister responsible for running the program, Tony Tomassi, called it a coincidence and said strict rules governed the awarding of daycares.

BC RCMP Police probe hiring of civil servant Man linked to privacy breach suspected of using false identity. “I believe that Wainwright used this false information in order to gain employment with the B.C. government,” Sgt. Andrew Cowan, head of the federal commercial crime unit in Victoria. During the search, police seized equipment suspected of being used to produce fake identity documents, including a laminator, card printer, counterfeit currency detector, scanner and high-performance colour photo printer, according to search warrant documents obtained by the Times Colonist. The documents show that police seized a stamp that read “B.C. Ministry of Human Resources,” with a label on the side that said “mail room do not remove”; a stamp that read “certified true copy of original document”; and an application for a government credit card. There were also numerous computers and laptops, USB drives, a Taser, passport applications, criminal record check forms and about eight credit cards under various names.  The B.C. government is refusing to answer questions about whether employees undergo criminal records checks before they are hired.  
 In British Columbia this supervisor in the Ministry of Children and Family Development, with a criminal record for fraud and counterfeit offences, had been the target of an RCMP investigation into allegations he used false identity documents to obtain employment in government. During the search of the man’s apartment, police found personal records for 1,400 income assistance clients, social aid recipients,  from the Ministry of Housing and Social Development. The employee at the centre of the breach, Richard Wainwright, was fired in October, raising questions as to why and how he retained his job for seven months after RCMP alerted government about the breach. Wainwright has not been charged with any offence. Wainwright’s wife, Gillian, was also fired. She worked as a human resources technician in the Public Service Agency, which is also a focus of one of the reviews. The RCMP also is continuing its investigation into Wainwright. B.C.’s Information and Privacy Commissioner,
 Federal employee caught filing claims for pet  OTTAWA — A federal public works employee is in the doghouse after they successfully filed claims to the civil service’s health insurance plan for their pet, Sun Media has learned. The employee, who made two claims — one in 2008 and another this year — was only caught after another civil servant alerted authorities. After an internal investigation found they had made the false claims, they paid back the money, less than $100.  He really should have been fired instead

November 25, 2009

The unemployed Haligonians are “no-good XXXXXXX” and what about bad RCMP, cops?


Now the rich Federal Conservative Tory MP Gerald  Keddy, who represents the riding of South Shore-St.Margaret’s, had been asked by a reporter whether he was employing migrant workers on the Christmas tree farm he runs with his family . Keddy said he didn’t, but that he wouldn’t criticize others for doing so because local people won’t do the work.  “Nova Scotians won’t do it — all those no-good bastards sitting on the sidewalk in Halifax that can’t get work,” The Federal Conservative Tory MP Gerald Keddy has apologized for saying unemployed Haligonians are “no-good bastards” because they won’t work on Christmas tree farms.  “These comments were insensitive”. `I would like to offer a sincere apology for remarks I made regarding the unemployed in Halifax,” “In no way did I mean to offend those who have lost their job due to the global recession, nor did I mean to suggest that anyone who is unemployed is not actively looking for employment.”

 But what did he now mean?


We are all sorry he got elected in the first place too//

Special unit will investigate possible police misconduct The Cape Breton Post SYDNEY — Nova Scotia Justice Minister Ross Landry says the province will set up an independent unit to investigate serious incidents of possible police misconduct. Landry said up to seven investigators will be employed by the unit, which will bring greater accountability and transparency to investigations involving police. Nova Scotia is consulting police agencies, interested groups and the other Atlantic provinces to develop a model for the unit, the Nova Scotia Department of Justice said Tuesday. Bob Purcell, a department official, said the unit which could be in place by spring 2010 will investigate incidents in which a person has been killed or injured by police. The investigative unit may also be responsible for probing similar incidents involving sheriffs or corrections officers in custody situations, although that has not yet been decided, said Purcell, executive director of the Department of Justice’s public safety and security division. The justice minister’s announcement received a guarded welcome Tuesday from a spokesman for the Wagmatcook First Nation band council, which has been demanding the long-awaited release of a report into the RCMP shooting death of a resident almost a year ago. Brian Arbuthnot, band director of operations, said he has not seen any details about how the investigative unit will operate but said it sounds like a positive step. John Simon died in a Baddeck hospital about three hours after being shot by an RCMP officer at a home on the reserve on Dec. 2. Last month, officials from the band council held a press conference in Halifax to air their concerns about delays in the release of a Halifax Regional Police investigative report on the death. Arbuthnot said an independent unit could possibly complete investigations and issue reports more quickly, but he noted on the other hand, there are many factors to consider in any shooting death.  The public prosecutor’s office also plays a role, he noted. “I don’t want to sound too pessimistic about it. I think it makes sense to do it but I guess they say the proof is in the pudding and let’s see where it goes from here.” Chief Myles Burke of the Cape Breton Regional Police Service said right now, police departments in Nova Scotia dealing with a serious incident involving one of their own typically call on other departments to do an investigation. “While I will say it worked, some of the challenges it has for the chiefs are you still have that question for the public dealing with accountability and independence,” said Burke, who has conducted such investigations. “And there is a very significant cost to the municipal units in relation to these investigations. They are very expensive and they are time-consuming.” The Nova Scotia Chiefs of Police Association supports the path the province is taking and Burke said personally supports it. Burke said the issue of whether investigations would proceed more quickly is questionable considering that investigators must sometimes wait for lab reports

and does that inlude the bad RCMP?

AND WHAT NEXT CAN WE EXPECT?   It is billed by the London Police Department Chief as “the best (shooting) range in Ontario.” At $22 million, it is certainly modern but one of the features might sit poorly with judges and civil libertarians.  While police can shoot a fleeing suspect that presents an imminent threat to the public, it is relatively rare in most crimes and raises obvious questions under Tennessee v. Garner. The entire project will ultimately cost $32 million and the facility’s gun range is billed as training officers to do a range of shooting,  

Meanwhile  a Toronto doctor is facing a disciplinary hearing over allegations he approved special meal allowances for people on welfare and disability programs according to the College of Physicians and Surgeons of Ontario.  Dr. Roland Wong,  said he continues to approve applications for the special diet but only if he believes patients have an underlying medical condition that qualifies them for the financial supplement.  “Today, I signed maybe five, four,” he said. “Sometimes more, depends.”  He accused the auditor general of having a very “slanted view” of the program, and suggested he should be looking instead at the woefully inadequate support payments paid to people in need.  Wong said he wasn’t overly concerned about the disciplinary hearing because it was based on a complaint laid against him by a municipal councillor.  “This is a case of politicians against a physician, not the patient against the physician,” he said.  The Special Diet Allowance provides up to $250 per month to a person on social assistance who requires special foods for such conditions as diabetes.  Councillor Doug Holyday said  . “This can’t go on.”     Quebec and other provinces have no such adequate help program and why?

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