Vive Le Canada

Whistleblowing the 'Law"
Date: Monday, July 04 2005
Topic:


Y’all can’t change it till ya knows about it!
Dio

[Sent by the author via email]

From : karl-heintz eisbrenner
Sent : Thursday, June 30, 2005 5:38 PM
To : [deleted]

Ladies and Gentlemen

Pot-Smoking Disbarred Lawyer faces Life Imprisonment for Speaking Out

More Kafkaesque than Kafka, so speak some of the case coming up in Surrey Provincial Court on July 21. 2005, the case of a disbarred lawyer, a disbarred barrister and solicitor, a disbarred attorney, an excommunicated and exiled member of the Law Society of British Columbia facing 2 counts in an indictment alleging he made death threats through e-mail.

The Society has been hounding him for years, evidence shows the Society attacking his June 28/2000 pleadings filed in B.C. Superior Court, behind the scenes manouvering by other prominent and well-heeled lawyers - seeking the Society's help to shut him up, to can him, once and for all. A story of bribes, blackmail, sabotage and salvage... where a Superior Court Justice rewrote the lawyer's indictment against local regional government, a major provincial government ministry and certain elected members of the Provincial Legislative Assembly.


It all had to do with a casino... some money to be made. Easy money. The MLA would build the road to the casino... Others with lots to invest near the border of the USA, in the culture corridor of the Okanagan - destined as "silicon valley, north', had bought up tracts of land to develop around the multi-layered, multi-faceted cultural hotspot casino.

Everyone stood to make millions... yet, some lost and lost big. The lawyer's clients, 188 seniors, elderly pensioners mostly - fighting ashma and silica dust, dynamite explosions, rock screening and crushing [imagine a bucket of rocks and sand in your washer and dryer for 8 hours a day], destruction of orchard land and rare antelope brush, disturbing California Bighorn migration, rutting and lambing seasons... lots never made it to their winter feeding ground... their carcasses dotting the landscape above Gallagher Bluff, near Gallagher Lake KOA, one of the places the Shushwap and Okanagan Nations fought their wars... rock cliffs forming the last stand for some bands - who fell to their death rather than be captured... history lying on the rocks below the bluff - talus rocks...

Talus rock used by local and provincial officials from the MLA's property to place a fish ladder to aid the fall salmon spawning run... but the creek is dry in the fall. No matter... to get the talus rock into the creek a bridge had to be built - the one the MLA owns now - the one 15 ton bridge reinforced to take the weight of heavy industrial rock crushers and other equipment... to run the only heavy industrial plant in the culture corridor, the desert spanning North America... the most vulnerable habitat for flora and fauna in B.C.'s only desert... here, where the salmon cannot spawn in a dry creek... public officials place a ladder

The lawyer handling the case convinced West Coast Environmental Law Association to give money to the old folk so they could protect their civil and property rights and those of their landlord... the landlord was statute bound under the Manufactured Home Act and Residential Tenancy Act to do all he could to protect his 188 vulnerable, elderly, at risk neighbours - some with one lung, or one kidney, or no eyes, or no mobility all lived in 109 lovely homes in a village of seniors, paved lanes amid 130 foot Ponderosa Pines... next to a spring fed trout filled private lake, right beside an old irrigation canal built by returning WWI veterans under the Soldier's' Act in the 1920's. The canal fed by the Okanagan River, and McIntyre Creek next door, runs hard in the spring, dries up in the fall - but holds a brand new fish ladder for the fall salmon spawning run right beside a 15 ton MLA owned bridge that saw Ministry of Highways trucks laden full of illegally mined road crush - blockaded by seniors Nov. 5. 98

Illegal material mined from an illegal pit,all to benefit the MLA and others wanting to make a quick buck, in the area of B.C. containing 50% of the blue/red listed endangered fauna and flora... replete with archeological and heritage sites dating back to 9000 B.C., say some archeologists. Language correlations suggesting the Hebrew [1600 B.C.E.] words for sacred, holy, righteous come from earlier roots in the Okanagan Nation mother tongues, whose word for earth, ground soil, reflects the same consonantal and vowel patterns, Hebrew tze-dek, Okanagan tsi-dik.

Caught illegally mining, the MLA and his advisors sought a way out, hired a lawyer for a legal opinion - he said all they need do is prove prior mining took place and then they can say the current mining was grandfathered use... the local bylaw prohibited mining, so did the Official Community Plan... and local history saw the property as orchard, tree fruit and nut tree use...
The opinion called for proof of prior mining volumes, volumes the MLA and his entourage easily fabricated and gave to their lawyer - the lawyer for the District. But he had proof no such mining ever took place so all the 'proof' was fabricated.

He is now a B.C. Supreme Court Justice. The Chief Inspector of Mines who allowed the illegal mining resigned. The Trial Judge who admitted rewriting the lawyer's indictment against government, resigned.
The Chief Executive Officer of the Law Society who issued a citation against the lawyer, resigned. The Deputy Chief Executive Officer of the Law Society who received a call for help from municipal lawyer in May 2000, while the case was still in B.C. Supreme Court, resigned.

The Psychiatric Profession is involved. A Society paid-for Forensic Psychiatrist alleges the lawyer's beliefs and arguments are delusional, he suffers from post-concussion syndrome, paranoia, schizophrenic and psychotic symptoms, is incompetent to practice law, a danger to the public if he does, and that he should be locked up and injected with experimental anti-psychotic medications...

The Courts have commented [Jan. 23.03] - the lawyer's arguments are legitmate, and [July 28.03] well thought out, and passionately held.

He smokes pot. Got into a brain injury accident, blew his mind out in a car, had several momentary lapses of reason... but tucked his hair up under his hat and applied to the Society - told them he smoked pot and they licensed him anyway. A year later he writes a revolutionary piece of legal argument - that takes away the powers of central state powers in a federation... promoting provincial sovereignty over law making powers, depleting the control by one party state type police states... a description of Canada in a 2005 Time Magazine editorial...

He as counsel to the Osoyoos Chamber of Commerce and 800 families in Naramata relied on his counsel and advice, plus the 188 seniors at Country Pines - who fought their own Member of the Legislative Assembly - the vulnerable, the disenfranchised, the elderly.

He wrote the Society early on, saying the West Coast Environmental Law Association promised 15 grand to help the elderly, then abruptly withdrew their written commitment. The director said if the Association were to continue to help the elderly, its entire funding was threatened by higher powers. A prominent Q.C. told the lawyer the only problem with the case was the timing of the last May 2001 provincial election - that senior liberal leaning judges and others holding power behind the scenes did not want the New Democratic Party to have any chance of mounting any opposition to the chosen golden boy candidate, Gordon Campbell.

Campbell, his loyal footsoldiers Barisoff [the mine owner, the company owner that started illegal mining on September 11... 1998] and Rick Thorpe, another MLA, are all involved in covering up illegal mining, fabricated evidence, false affidavits and contradicting evidence filed in Court... that is until the judge decided to rewrite the indictment, eliminate names and their participation in breach of trust, sanitize the case... butcher it, in fact, and resign a week after giving his last judgment...

Wes Pue, Nemetz Professor of Legal History, University of British Columbia, says the media freeze on the story is tight - very tight - given the implications for Canadian constitutional law - and the threat to centralized one party, Ottawa based, fascism in a police state.

We were in Oxford together.

Those were the days, my friend,...

Karl-Heintz Eisbrenner, M.A. (Oxon.); L.L.B.






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