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The
How
&
Why
of
IPC Injustice

Join  the  2003  FOI  Campaign
Opening comments (many from here):  I have not had time to really detail the why and how of the Information and Privacy Commission/Ont. IPC injustice but here is a start.

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!


Supporting material


I regard the IPC's Orders involving the City of Mississauga & me, as being mostly legal frauds.  Even to the point of calling the decisions made as being knowingly and deliberately wrong to serve the political agenda of the Mayor of Mississauga and the Ontario government in general, which is only possible for the following main reasons;

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.
 



So, please understand I have done nothing wrong, but as the FCB and I am poor and can't buy justice in the Canadian legal system, we (mostly me), are being used as a scapegoat to set legal precedence that serves politicians & theirs bureaucrats desire to for secrecy.  In the process stripping Ontarians of their rights.  That will in time be used to draft news laws, under which all Ontarians will lose significant elements of their human and democratic rights.  Because of the IPC's Orders we are now less of a human being before the law and government.   At this critical moment when we choose whose version of moral leadership will guide bureaucrats and law makers. Do you want law and order but no justice?

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.



This just a sample of the false statements or allegations I have had to put up with.  The City of Mississauga likes to use the "BIG Lie".

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.


Supporting material

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

OTHER ITEMS HERE


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