Corruption Unlimited. The Kelly Marie Richard Case

Corruption Without Limit.  The Kelly Marie Richard Case.

The corruption alleged in this case is so staggering the mind refuses, at first, to take it in.

Remember, I (and members of the Committee for the Defence of Kelly Marie Richard) have asked formally that the Minister of Justice Canada, the Attorney General of Alberta, and the Canadian Judicial Council conduct a full, fair, open Public Inquiry into all allegations of wrong-doing connected to the Kelly Marie Richard matter.  We have been greeted by complete silence and/or outright refusal.

As the outrageous Case Management process continues in the Court of Queen’s Bench, Calgary, allegations of judge and lawyer wrong-doing increase as does hurt to Kelly Marie Richard and her two sons. The Public Inquiry called for must be held without any delay. That is the only way the allegations can be confirmed or put to rest as unfounded. 

Involved in serious allegations of wrong-doing - actively or passively – are institutions and people absolutely essential to a secure and tranquil Canadian society.

Involved in what I have, with reluctance, come to suspect strongly is horrendous wrong-doing are, allegedly, agents of CGI, the huge Information Technology corporation threaded through many Canadian governments, court systems, Canada Post, and the RCMP.

In addition touched in one way or another are Rob Nicholson, Minister of Justice; Stockwell Day, Minister of Public Safety; Beverley McLachlin, Chief Justice of the Supreme Court of Canada and the Canadian Judicial Council which she heads;  William Elliott, Commissioner of the RCMP; R.R. Knecht, RCMP Deputy Commissioner for the North West region; RCMP officers in Calgary (and others throughout the force); Paul Kennedy and the Commission for Public Complaints Against the RCMP; dental professionals connected to the Alberta and B.C. professional dental associations; judges of the Court of Queen’s Bench, Calgary; members of the Alberta cabinet; lawyers employed by McLeod Dixon, Calgary; and lawyer Stephen Nelson, Calgary (representing Kelly Marie Richard and her sons, until summarily fired for allegations of misconduct).  There are others.

Many of those named have been contacted, informed, and called upon for investigation – the Minister of Justice, the Alberta cabinet, and the Canadian Judicial Council have been asked for a full, open, objective Public Inquiry.

Canadians may strongly suspect that those who have refused even to communicate on the matter are attempting a posture of ignorance as defence in what may be proved by fair investigation to be seriously criminal violations of Canadian law, RCMP protocols, judicial conduct, legal ethics, and/or Public Trust.  Among those who have refused to communicate are Rob Nicholson, Minister of Justice; Stockwell Day, Minister of Public Safety; Beverley McLachlin, Chief Justice of the Supreme Court of Canada; CGI; Willliam Elliott, Commissioner of the RCMP; and Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP.

Others contacted, have mostly (the Alberta cabinet and underlings at the RCMP/CPC) behaved with such sham, such visible irresponsibility that average Canadians would be stunned that anyone would attempt such fakery.  The Commission for Public Complaints Against the RCMP, for instance, accepted the RCMP excluding major people from its “investigation”, and the CPC called a “complete” review its review that addressed (badly) two of seven articles of complaint.

Putting the matter of the Kelly Marie Richard case in its most simple terms, it reveals squalor in our most important institutions.  The state of law in Canada is sick.  There is, in all the institutions named – with painfully few visible exceptions – growing suspicion of wrong-doing, acceptance of corruption, and participation in quasi criminal and criminal action. Political actors with power appear to be, increasingly, the willing instruments of those who are enemies of parliament, democracy, and the rule of law.

First among those enemies are large corporations wishing, if possible, to replace the rule of law with the rule of thug corporate power.

Canada is not alone in this development. Twin messages have been delivered by the U.S.  The first is the stunning erasure of the rule of law throughout what may be called the Guantanamo Prison System (globally). The second is the erasure of trust demonstrated in the so-called “meltdown” of the private, corporate U.S. and U.S. –connected “Financial System”.  What may reasonably be called “thug rule” in the U.S. has brought about a meltdown of the rule of law and of democratic trust in the economy so that the reachievement of viable democracy there is doubtful.

The corporate thug network is not confined to the U.S.A. One can see clearly in Canada that U.S. practices are quickly tried here by  a “coalition of the willing”: in government, in courts, in law offices, and in police forces.

Lawrence Martin is one of the few to insist upon the importance of that degradation in Canada (Globe and Mail, Oct 6 08 A15).  Referring to the Harper government, he writes: “its uniqueness … is in the breadth and degree to which it has ethically debased the system in such a short time.”  Martin refers to Harperite “mud-slinging … secrecy … bullying and intimidation, the massive centralization of power”.  He points to the intended sham of the Accountability legislation and to Harper’s “200-page manual on how to disrupt parliamentary process….”  His list of Harperite squalor goes on….

And a few days later  (Oct 10 08) the Vancouver Sun reports the Harper government apparently attempting to cover up the cost of the Afghanistan War to Canadians (B1) as 85 prominent Canadian scientists attack Harper’s “ethically debased” policies, some writing: “The Harper government’s suppression and misrepresentation of research does a great disservice to Canadians….” (B3)

No wonder that when more than fifty Canadians wrote to Rob Nicholson, Minister of Justice, asking for a Public Inquiry into the evidences of gross corruption around the Kelly Marie Richard case – Nicholson would not acknowledge a single contact, would not reply to a single person.

Everything that follows here records allegations – many of which I have found disturbingly convincing (looking at evidence) - which only a full-scale, open, objective, Public Inquiry can thoroughly assess in order to confirm or deny. One Attorney General of Alberta falsely reported he could not undertake a Public Inquiry.  His successor said  - in a complete renunciation of responsibility- that if I have proof of wrong-doing, lay charges.

The case is simple.  Overwhelming evidence is alleged to prove that Kelly Marie Richard and her two sons suffered serious hurt from dental malpractice at the hands of two Alberta orthodontists.

“Well”, you say.  Accusations of dental malpractice are solved by scientific evidence in a civil suit (between the parties).  Malpractice is shown to have happened or not to have happened.”  Exactly.  My own examination of materials leads me to believe there is daunting evidence of malpractice.  And so the case – now something like six years long – has not come to trial.  In fact, reasonable Canadians might claim to believe the insurer and/or its agents (or others) have used every tactic (lawful and unlawful) to prevent the case from coming to trial.

Indeed, those Canadians might believe that a perversion of justice that fairly screams from the records is underway, with – it may be -the full consent and cooperation of judges.  The “Case Management” process – normally a pre-trial process undertaken with the consent of both parties to solve problems and to bring the matter to more speedy and efficient trial – was forced on Kelly Marie Richard and her sons, without any record of application for it available, and without any consultation. The Kelly Marie Richard Case Management process, moreover – contrary to normal Court of Queen’s Bench practice – is never reported or recorded on the Queen’s Bench website (despite requests that it be so).

In short, reasonable and prudent Canadians may very well conclude that the Case Management process has been twisted into a wholly fraudulent trial against Kelly Marie Richard and her sons in order to destroy them, invalidate their reasonable claims, and erase any vestige of evidence of a dental malpractice case of merit.

Kelly Marie Richard and her sons allege (with considerable evidence) that her confidential government Health and Wellness records were invaded by CGI and violated.  They allege they have suffered astonishingly unethical (and perhaps criminal) RCMP response to request for investigation of the violation. They allege they have suffered repeated wrong-doing (probably criminal) by lawyers acting for CGI – a corporation both possessing access to confidential government records AND acting as litigant for the dental malpractice insurer ING in the Kelly Marie Richard case.

They allege one of the dentists accused of malpractice has a relation close to the RCMP.

They allege they have evidence that a judge (perhaps judges) have tampered with Case Management transcripts so that they do not represent what actually has occurred in Case Management meetings.

The judge about whom the allegation is made is Mr. Justice Brooker of the Court of Queen’s Bench.  In the October 2, 2008 Case Management meeting, he cited Ryan Trigg, Kelly Marie Richard’s older son (19 years), with contempt of court, struck his pleadings, and so, barring successful appeal, ended Ryan Trigg’s claim, too (as well as awarding costs against him). (Kelly Marie Richard’s pleadings were ended in similar fashion earlier.) Brooker’s review of Ryan Trigg’s recent actions and failings are wonderfully convincing – on the face of it. But Ryan Trigg was a boy of 14 when the alleged malpractice on him ended.  Lawyers for the accused never, at any time, asked to question him when he was close and available.  The presiding judge of the time ordered that all Examinations for Discovery had to be finished by December 2006.  Now, five years after the “malpractice” event, and nearly two years after the judicial order that Examinations for Discovery cease, lawyers for the accused are demanding Trigg travel from Ontario for newly created Examinations for Discovery – which Mr. Justice Brooker not only approved despite the earlier ruling but is alleged to have suggested be held.

What is not mentioned is that the Case Management process itself is probably illegitimate in this matter, that Alan Rudakoff, lawyer for CGI apparently (never properly investigated) got confidential information from the RCMP about a complaint made by Ms. Richard of CGI invasion and manipulation of her confidential government of Alberta Health and Wellness records.  What is not mentioned, moreover, is that Rudakoff is alleged to have used, mangled, that (confidential) RCMP information before the Case Management judge to asperse Ms. Richard and to ask that she be named mentally incompetent, to say that he feared her actions would threaten others’ safety and her own, and to secure a special guard to be present at all her Examination for Discovery meetings - without providing a jot of meaningful evidence.

What is not mentioned is that the judge of the day went along with the outlandish claims of Alan Rudakoff completely, not asking for  evidence, and that, not long after, that same judge accepted from Alan  Rudakoff a judgement of Ms. Richard’s mental condition from an “expert” who had never laid eyes on her, and who formed his judgement from a letter written to him by Alan Rudakoff – a document which the judge refused to supply to Ms. Richard.

My own judgement from the evidence is that the RCMP misinformed Ms. Richard about the legal status of her complaint to them, and refused to investigate. And then, a little later, one of their officers harassed and attempted to coerce Richard into accepting an incorrect re-write of her complaint and treatment.

That, apparently is not a unique expression of RCMP behaviour which is, more and more, being exposed almost daily as wrongful and, often, highly political. Today’s case has documents in B.C., released under the Access to Information process, revealing “RCMP officers trying to stack an open-line radio show” to influence opinion negatively about Vancouver’s politically controversial drug injection site. (Vancouver Sun, Oct 10 08 B3)

The Case Management meetings concerning the accusation of dental malpractice have gone – with remarkable consistency, I suggest – in the manner I have set out in the preceding five paragraphs.

The allegedly improper Case Management process in which Kelly Marie Richard and her sons have been forced to participate (and to be mired) for nearly two years has been and is – reasonable Canadians might conclude – a monstrous (perhaps criminal) nightmare, used to destroy Ms. Richard’s case by a process of contempt of court charges against her and her older son, Ryan (more to come), throwing them into destitution, doing absolutely nothing through the court to alleviate or to assist in therapy and cure for the on-going significant damage to their health as a result of the alleged malpractice, and weighing them down with the enormous costs of all parties to the dispute – awarded seemingly ruthlessly by judges who, Kelly Marie Richard and her sons insist, have refused to consider hundreds of pages of evidence provided by Kelly Marie Richard and her sons.  In addition, the Plaintiffs allege those judges have not received one particle of evidence from the accused or their lawyers to place in dispute the allegations against them.

The case begun by Kelly Marie Richard and her two sons has not come to trial.  That might be because of what many reasonable Canadians might think of as perhaps criminal manipulations that have been used against the Plaintiffs by a collaboration of RCMP, CGI, lawyers for McLeod Dixon, dental professionals, the Plaintiff’s former (and fired) lawyer, and judges of the Court of Queen’s Bench, Calgary.  Informed, reasonable Canadians might believe Kelly Marie Richard and her sons have unfairly paid tens of thousands of dollars for medical help, have been harassed and bled into destitution by the forces named above, and are continuing under a court process which reasonable Canadians might well believe is malevolent, grossly unjust, and a disgrace to every idea of fairness that decent Canadians believe is inherent in the institutions of this country.

A full, fair, and open Public Inquiry into all the matters relating to what is called the Kelly Marie Richard dental malpractice case might find criminal activity by CGI and by the RCMP.  It might find fraudulent investigation undertaken (under pressure) by the RCMP.  It might find grossly (perhaps criminal) unethical behaviour by some lawyers acting for CGI.  It might find some judges of the Court of Queen’s Bench, Calgary, grossly incompetent or criminal (or both).

A full, fair, and open Public Inquiry might find judicial procedures violated; errors in law committed; apprehension of bias among judges; judicial orders made and enacted without supporting evidence; judicial failure to weigh evidence; false evidence presented and accepted; manipulation of Examinations for Discovery with judicial approval; lying during process by lawyers for the Defence; lying by at least one of the accused in Examination for Discovery. 

The list of possible acts of wrong-doing that a full, fair, and open Public Inquiry might find may very well explain why the Minister of Justice for Canada refuses even to answer those Canadians requesting a Public Inquiry.  “may”, I write, “explain” it.  The heinousness of the alleged behaviour by actors in major Canadian institutions might “explain“ the behaviour of Rob Nicholson, Minister of justice, if he (and perhaps the whole Stephen Harper cabinet) intend to support wrong-doing.

In that regard I can only repeat the statement by Globe and Mail columnist Lawrence Martin: “This government’s uniqueness … is in the breadth and degree to which it has ethically debased the system in such a short time”.

Readers should be aware that I have sent significant information, asking for action, to every MP in the House of Commons and to every MLA  in the Alberta legislature without a single serious response.  I wrote to my own MP, Libby Davies, and asked her to write to the RCMP Commissioner and the Chair of the Commission for Public Complaints Against the RCMP, inform them of my concern, and ask them to explain the status of their investigation surrounding Kelly Marie Richard.  My MP, Libby Davies, replied to me that she would do nothing that I asked.