THE BRICK WALL (judicial)

reveals irregularities/illegalities that the Saskatchewan Government’s lawyer, Mr. Darryl Brown and the registrar did to protect this government and obstruct justice for me/us and how certain justices aided them by letting them get away with it.

                      The Brick Wall

* This legal journey became the ‘fight of my life’ to survive in not just an adversarial system but one that is indifferent, condescending and even hostile to self-litigants who litigate ‘the hands that feed them’. Before going to court I was certain that any judge would recognize the injustices and breaches of the law that occurred and apply the law, as a judge is at liberty to do.

When it appeared that I had such a judge, in the Honorable Justice Fred Kovach, he was surprisingly replaced by Justice Guy Chicoine. As I sought ‘to give a voice’ to my grand-children, who are representative of all vulnerable babies and children who need protection and justice, I was denied it. We were ALL denied it!

The Canadian Court system went to great lengths to undermine this lawsuit when it was in their power to treat it as substantial and apply the law accordingly.

As a ‘self-litigant’ I thought I’d only need to tell my story, the TRUTH, and justice would be served. Not so. Before going to court I was certain that any judge would recognize the injustices and breaches of the law that occurred and would apply the law, as a judge is at liberty to do. Not so! Certain lawyers named as well as judicial officials named did whatever they needed to, to ensure that these defendants would not have to be accountable, and in doing so did irregular and illegal acts to that end.

* The legal process is not only one that is adversarial but down right ‘dirty’.

At least that was my experience. I doubt that I am unique as a self-litigant, at least as one who’s trying to litigate government /public servants and those aligned with them.

 * Note:  There are 37 pages named THE BRICK WALL of INJUSTICES:

Read it here ——- scroll down

link:? https://www.scribd.com/doc/248679270/Brickwall-of-Injustices

In Chambers on December 01st, 2005 Justice Kovach had ruled in my favor on granting me the following:

1. the privilege of amending my claim,

2.  the privilege of adding my 4 grandchildren as infant plaintiffs (proposed), and

3.  allowing me to represent them and

4.  further allowing me to add two defendants (proposed), that being the Attorney General of the Government of Canada and Joyce LaPrise.

5.  I was granted ‘adding a new pleading of Autumn Starr’s death as, ‘a wrongful death’.  The teleconference (described below) and a change of justices ensured that this was not going to happen. 

•  December 01, 2005, I felt heard and validated and believed and felt that justice was advancing. Not so!

Of course counsel was upset. Upon my way out of chambers Mr. Watson, Q.C. stopped to ‘give me the death glare’ and ‘shake his head in disgust at me. I felt the love.

After this hearing I wrote an Order from the fiat and it was filed by the acting registrar. Mr. Dauncey and the lawyers didn’t like it and sat on it until just before the hearing that was scheduled mid-January, 2006.

Then all of a sudden the Registrar, Mr. Dauncey insists that the wording of my Order be changed-reworded. I disagreed indicating that there was nothing to be reworded except for the word ‘proposed’ being added after the names of those that were to be added. This was in relation to counsel wanting to argue that they should not be added but in my mind Justice Kovach had already allowed them to be added and it was up to counsel to argue why they should not be added.

January 16th, 2006 Mr. Dauncey orchestrated a telephone conference between Justice Fred Kovach, the lawyers for the defendants and myself.

I had questions for Justice Kovach to consider prior to this teleconference and delivered them before the noon hour as this conference was to take place at around 2:00 p.m.

So I put the one page of questions on the counter at the Registrar’s office.  Mr. Dauncey the Registrar waited on me.  I asked him politely to deliver these questions to Justice Fred Kovach prior to his arranged teleconference whereby he pushed the piece of paper back at me and said flatly and firmly: “No I won’t do that!“

• to which I replied “I need you to do that“ (as it is very important to me)
• to which he lost his cool and shouted at me “Look here Arlene you don’t call the shots around here!”
• to which I responded, “No I don’t, you do, because you’re the government and I’m suing you!“
• to which he replied, “We’re impartial!”
• to which I replied: “We’ll see about that!” and I left without the sheet of questions.

So the teleconference occurred as he’d planned that same afternoon.  Justice Kovach noted at the beginning that what was to take place was “highly irregular” and that I could have this brought back to Chambers.

Of course I was not a lawyer and I had already been bullied by this Registrar so I was compliant for this teleconference to proceed.  Further I believed that not only Mr. Brown was on the other end of the telephone but the other 4 lawyers for the defendants were as well.  They should have been since they all wanted changes to the Order that I filed.

I wanted to ask if my questions and concerns about this teleconference was given to him by the registrar still being shaken from my experience with this registrar a couple of hours earlier and speaking to a judge, I felt intimidated.

The Hon. Mr. Justice Fred Kovach told me that I could leave my grandchildren as infant plaintiffs on the cover as well as the two defendants but that I was to add proposed in brackets after their names. Note: the Style of Cause is simply the cover-page of the order. That was about it. 

Then the Registrar surprisingly mentioned to Justice Kovach that I had these questions for him and did he want to see them.  He answered rather miffed, “It’s too late for that now!”

Then Mr. Dauncey asks if the Saskatchewan Government’s lawyer Mr. Brown could revise the Order (as per his instructions).  Justice Kovach asked if that would be alright with me and again I was compliant. 

Following this teleconference they revised the Order but not according to Justice Kovach’s instructions. 

The proposed defendants were entirely removed from the Style of Cause, the original fiat from the December 01, 2005 was removed and another one replace it, the December 01, 2005 Chamber’s meeting was removed from the court record, and Mr. Dauncey and Mr. Brown found a way to do away with the court hearing’s outcome of December 01, 2005 which had not gone these lawyers way. It was as if the December 01, 2005 hearing never occurred-but it had occurred.

It was at this juncture that Mr. Justice Chicoine was appointed to the bench. Nothing that had occurred with Justice Kovach on the bench mattered. The March 07, 2006 hearing went on without Justice Chicoine by his own admission not being prepared to hear arguments, as he made the claim that he had not read one word of the file being just handed the file on his way into Chambers.

What he did note was the volume of documents that was on the file he was just handed but requested I move things along because “we don’t want to be here til 8:00 p.m”.  Just being handed the file by the Registrar was unbelievable since he realized that I was responsible for much of that file.  Further this judge let me know whom he was aligned with and the bullying continued!

This directive from ‘the get-go’ told me ‘You haven’t a chance of success” – it’s fixed!

I had to keep going to try and get justice for my grandchildren and also to recoup my parent’s inheritance to me and my family which was stolen from me when a SINISTER PLAN ‘hatched in hell’ and authored by the Saskatchewan Minister of Social Services (Mr. Glen Hagel) and Human Resources Development Canada (HRDC at the time) and Canadian Heritage. 

The details are on the court documents that I filed with the court and some of which are attached to this site.  They ‘put in motion’ ‘to ruin me’ in every possible way!  Now the bleed was continuing as I tried navigating through this court system and the bleed continues because I am exercising my ‘rights of freedom of expression’ (the Charter of Freedom and  Rights) in doing this website. 

Recently (October, 2015) I learned that my husband and I were being impacted professionally because of this website.  Yet, it is more important for our story to get out with the hope that something positive will come from it like:

1. babies and children will be better protected – like Charlene, Jonathan, Leslie and Lyle.
2. babies ‘at risk’ will be provided the medical help needed for their survival rate to improve – like Lily and Autumn.
3. deaths that are suspicious have a Coroner’s Inquest – like Autumn and Lily.
   
4. All babies who die in the care of the Minister of Social Services have Coroner’s Inquests – like Autumn.
5. Public servants be held accountable in accordance with our laws as every other citizen would be and not be privileged or protected – like conspiring to harm to cause the losses that we suffered.
6. Judges apply the laws for government run protection services to improve their function and delivery of protection services.
7. To apply the law to their own within the judiciary when they use ‘privilege and power’ to manipulate and/or break the law.
8. Our court system becoming ‘user-friendly’ where justices apply the law for self-litigants when clearly there have been grievous breaches of the law.
9. Criminal matters will never become moot as they did when my lawsuit was ‘thrown-out’.
10. Rehab programs like The Anchorage implemented will be supported and those in need of rehab from addictions and healing from abuse will never be threatened to have their social assistance cut-off simply to fulfill a sinister political agenda as they did to us.

 

              ‘Hearing A Sham’

March 07, 2006

It felt like there was NO CONTINUITY-NO RHYME NOR REASON to the court processes except for the defendants’ lawyers not following the Order of the Hon. Justice Kovach and following the Rules of the Court because Justice Kovach was not left on the case.

These lawyers had a new judge and a Registrar that assisted them at every turn. Self litigants are disadvantaged enough not being lawyers without having to deal with ‘high-handed’ and/or illegal tactics, which are described in my affidavits and legal documents.

March 07, 2006, Justice Chicoine walked into the court room. He told us that he was just handed the file on his way into court and knew nothing about it. Yet, he was prepared to hear arguments without doing his homework. Before sitting on the bench and without looking at me, addressed me: ‘Ms. Lowery there is a lot of material on this file and we [counsel (the defendants’ lawyers) and he] don’t want to be here until 8:00 tonight’.

Mr. Watson was allowed to audio-tape me without having an application before the court and not notifying me prior. There was no new or amended motion to strike my amended claim nor did any of the lawyers file new or amended any substantive materials before the court to support striking my amended claim. As earlier described by me, it was a ‘gong show’.

     ‘joined at the hip’

They were all ‘joined at the hip’ and ‘CONFUSION was ‘the order of the day‘.

Charlene Dobson and I will no longer be silenced and with the launching of our websites we will give a voice ‘to the plight of the vulnerable’.

We trust that positive changes to rehabilitate families and keep babies more safe will happen, and yes, that justice will be served when they’re not KEPT SAFE.

 

More on… SWAYING THE COURSE OF JUSTICE

Chief Justice R. Laing responds to a letter I sent him via the Registrar with my concerns and complaints of my not receiving fair and equity treatment.

I received a 2 page response letter from him sent to my civic address trying to convince me to the contrary. I was not convinced and I am still not convinced and will NEVER BE CONVINCED!

My concerns of my being unjustly treated and that I believed that there was a miscarriage of justice going on is explained in my legal documents attached and filed with the court. Some of these files are attached to this website at tab. Swaying…

‘paper-trail shredded’

Once gone, a former employee of The Anchorage disclosed at the Saskatchewan Labour Board of Appeal hearing and to me directly that she witnessed Ms. LaPrise shredding my files, accounting records and even my convocation photograph for my Bachelor of Science in Nursing (B.Sc.N.) degree in addition to our family photos—now that’s beyond hateful.

She was not done yet. She was on a hateful rampage and tried to frame me of mismanaging The Anchorage by going to the police and tried to make a case for that.

That failed as Chief Cal Johnson (retired), Regina Police Services would not go along with her last plot-so thank-you Chief Johnson!

One stark example of their corruption is when in November, 2005, the Saskatchewan Government’s lawyer Mr. Darryl Brown approached me (right after the death of Autumn, and right after he got a Sealing Order to protect more his client than my grandchildren or to give Autumn’s voice ‘to speak from her grave’), advised me before my filing with the court, my motion to amend my claim, that I could not litigate public servants as they were protected and had immunity. Justice Chicoine made no such claim. In fact he notes in his decision that when I removed them from my amended claim that I had abandoned my right to litigate them.

If true I believe Mr. Brown purposely misled me which would constitute an obstruction of justice which is a criminal offence.

He even went so far as to have his office do up a Consent Order, having the other lawyers sign it, making them accomplices to his crime since they knew it originated from him and knew it was a criminal act with his doing this and their going along with it.

Interestingly the Supreme Court of Canada’s decision made the claims that it is is all moot with the lawsuit being struck. This is very ‘short-sighted’ for those implementing the laws of our land for our most vulnerable and all Canadians seeking justice in such politically charged matters as this lawsuit represented.

Lawyers and judges alike can do what they want in the court arena, even commit criminal acts and ‘get away with it’ as long as the lawsuit is ‘thrown-out’ (moot).  Somuch for the highest court in our land!

* Please note that I had no intention of removing any of those government defendants from my Amended Statement of Claim (Fresh Copy) but because of Mr. Brown’s unsolicited advice and actions these public servants were removed.