Diogenes
CKA Elite
Posts: 3540
Posted: Tue Jul 05, 2005 1:27 pm
what get's covered up - will get exposed... A Letter to the Attorney General of British Columbia <br />
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Wally Oppal, a lawyer, a judge, and now Attorney General of B.C. presides over a divided house and we all know a house divided cannot stand.<br />
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The Ministry of the Attorney General in B.C. has a structure analogous to a tuning fork, two branches form one Ministry. The Criminal Justice Branch and The Legal Services Branch. The latter Branch defends government officials and government agencies against people who would [dare] to attack government decisions. The former Branch prosecutes [and persecutes] radicals and others who run afoul of the thicket of laws and regulations promulgated by what Professor Wes Pue [UBC] calls the police state we call Canada.<br />
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Problem. The Ministry of Energy, Mines and Petroleum Resources under Dan Miller covered up illegal mining by MLA Barisoff's company starting September 11. Ujal Dosanjh was Attorney General. Gordon Campbell and Rick Thorpe and Bill Barisoff sat in opposition to the [then] NDP party. The acting Chief Inspector of Mines [Eric Beresford] allowed illegal aggregate mining when the Company had no permit, no authority statutory or otherwise, to excavate the property. Campbell was aware of the illegal mining, wrote to Barisoff constituents, telling them Bill 'for obvious reasons' could not represent their interests in the Legislature - telling them to go to Rick Thorpe for help. Rick Thorpe was aware of the illegal mining too. I told him about it in his office, along with his secretary, Mr Reid.<br />
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After that meeting, I was told by Larry Halbauer, that my career as a lawyer was over, I would be disbarred - how dare I name names in my pleadings filed Feb. 12.99 - including Campbell, Thorpe and Barisoff along with several NDP Ministers, including Dan Miller. Halbauer said Thorpe's office had already filed a complaint with the Law Society - and I could be assured I would not practice law again.<br />
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My clients consisted of 188 seniors, mostly elderly constituents of Barisoff, also his neighbours - living next door to the orchard Barisoffs paid 4 times the assessed value to buy.<br />
Also, their landlords, who owned Country Pines Retirement Park [the 188 seniors lived in 109 homes] and who operated the Gallagher Lake KOA. They had earlier been to see T. Richard Brooke, Q.C. - of Boyle & Co. Penticton - who told them they had a good case, met with them for over an hour... and then proceeded to act for the Regional District of Okanagan-Similkameen. The District by-law prohibited heavy industrial use for the Barisoff property.<br />
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The District and Barisoffs [with the help of T. Richard Brooke, Q.C. - now Mr Justice Brooke of the B.C. Supreme Court] concocted and fabricated 'proof' of prior mining on the property to attempt to justify the illegal mining starting September 11. This 'proof' was filed in Affidavits and was presented to Gary Symons [then Penticton Herald investigative reporter], and the proof consisted of fabricated documents - Bill's brother admitted fabricating evidence of prior mining during his cross-examination June 24.99 - ordered by Mr Justice Hutchison on May 10, 1999. The Justice said the evidence filed by Barisoffs, the District, and the Ministry of Mines was inconsistent - ordered the cross-examination - and said fisheries officials should investigate the salmon creek running through the Barisoff property.<br />
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The concocted proof provided by Barisoffs to Mr Brooke consisted of altered documents Bill's brother admitted to altering. As owner of the mine and owner of the property, Bill Barisoff had a hands on duty to manage the mining - to supervise it - i.e. the legislation requires hands on control by Bill Barisoff. Yet Campbell writes that Bill was at arm's length from the mining for obvious reasons [by letter January 25, 1999].<br />
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The acting Chief Inspector of Mines, Eric Beresford, filed 3 affidavits in Court - admitting the illegal mining, admitting Barisoffs had no permit, admitting the impact on the 188 seniors, their landlords and surrounding habitat. The mining took place in the most sensitive habitat in B.C. where over 50% of endangered and threatened blue and red listed species at risk, live as our relations. Mining included excavation, rock screening and separating, rock crushing, dynamite detonations during a) California Bighorn migration season, b) California Bighorn lambing season, resulting in hundreds of sheep dying of starvation - emaciated bodies of young and old dotted the landscape surrounding Gallagher Lake and Gallagher Bluff - next door to the Barisoff Pit.<br />
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The Inspector's 3 affidavits, filed Sept. 13.99, Jan. 27.00 and July 4.00, contained numerous inconsistencies - they contradicted each other - and they contradicted the affidavit evidence filed by Barisoffs and by Mr Brooke on behalf of the District. I asked for orders to cross-examine Mr Beresford on these inconsistencies, several times. Each time, the Legal Services Branch of the Attorney General's Ministry opposed the applications. Lisa Mrozinski [of AG Legal Services] went so far as to brief Bill's brother before his 2nd cross-examination on Aug. 1.00. This, the same man who admitted to altering 3rd party documents, filing them as genuine, who admitted fabricating evidence of prior mining, and who admitted mining without a permit starting September 11.<br />
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Ultimately, the case went before [then] Mr Justice Nick Drossos, who proceeded a) to edit my pleadings - my indictment against the Ministry, the District and Barisoffs, b) edit out the names of the above 3 parties, c) edited out their participation in covering up proof of illegal mining, d) edited out the fabricated evidence of prior mining instigated by Mr Brooke, and e) edited out their joint participation in covering up breaches and contraventions of mining, heritage and archeological, and cultural legislation. The decision came out Dec. 4.00 - the next election was pending for May 2001 and had the evidence of complicity and impropriety come out before the election, Mr Campbell, Mr Thorpe, Mr Barisoff would have explaining to do... and Mr Dosanjh would need to explain letting Barisoffs continue with their admitted million dollar gravel mine - would need to explain the Ministry of Highways using illegally mined material for a road access to the proposed Osoyoos Indian Band casino - would need to explain the blockade of Ministry of Transportation and Highways trucks on Nov. 5.98 - laden with material from the illegal Barisoff mining that started September 11.<br />
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The pleadings I filed Feb. 12.99 came after I filed an appeal to the Mines Ministry asking for a review of the circumstances and a shut down of the pit. The Ministry declined to hear the appeal - forcing the matter into B.C. Supreme Court.<br />
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The pleadings are unique in B.C. history. They combine a) a request to have the 188 seniors declared a class, certified as a class, b) a request to have the court shut down the illegal mining, c) a request to cross-examine a senior placed mining official - a public servant under oath to act in the public trust and not to breach the public faith, d) a request to have an assessment of damages to the peoples' property and civil rights.<br />
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Geoff Plant, former Attorney General, said it quite often. He and his government cronies were mostly afraid of class actions, law suits where the people sue the government. My pleadings combined Class Proceedings and Judicial Review... something that had never been done before in the same Court document. To get class certification, you need to prove a prima facie case against the government - my clients had a case - T. Richard Brooke, Q.C. as lawyer for the District and agent for Thomas W. Barnes of Barnes Twining and Short, admitted my clients had a case, admitted his clients' wrong doing and admitted the participation of the Mines Ministry, Barisoffs and his client in breaches of trust, misrepresentation and other tortious acts in his court documents filed March 16.99.<br />
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When the pleadings were filed, the Attorney General had to defend the government ministry, i.e. the Legal Services Branch had to act as the governments' lawyer. However, the admissions of fabricated evidence, fabricated proof, false affidavits, illegal mining, breaches of the Mines Act and Mines Code and other legislation... would put the Attorney General into a conflict of interest and a position of divided loyalty - for the contraventions meant the Ministry of Mines would have to be prosecuted by the Attorney General who defended the Ministry - the government's lawyer would need to betray his client. Effectively, the pleadings claiming class certification and judicial review put the Attorney General's 2 branches at loggerheads - the one would need to defend the government activity and the other would need to prosecute it. An untenable situation, that remains still today - hence the Solicitor General and not the Attorney General inolved in the legislative seizures still kept under wraps by the B.C. Supreme Court.<br />
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So... a million dollar gravel mine... a new casino [replete with other investors... rumor has it Jimmy Pattison has a hand in developing property near the new proposed casino]... false documents, falsified and concocted and fabricated 'proof' - all implicating a senior Q.C. and others connected in the interior of B.C... the potential for scandal facing Campbell before the May 2001 election... a judge practicing law without a license - Justice Drossos edited my pleadings - revised my court filed documents unilaterally changing the wording, erasing names and actions by public officials engaged in misrepresentation, fraud, breach of trust... to sanitize the Court case before the 2001 election to ensure a Liberal victory - and no hint of any scandal against Campbell and his 'Team'.<br />
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I wrote the Law Society of B.C. early on, after 4 of the elderly seniors from Country Pines had passed away... leaving survivors I had to meet and to soothe, trying to explain how lawyers, public officials, MLA's and others, when push came to shove, all joined forces to protect themselves against class certification and judicial review proceedings that left government lawyers without any defence for their clients.<br />
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Lisa Mrozinski, of the Attorney General's legal services branch, admitted the Ministry screwed up - yet said public decision making need not be reasonable, wise, correct or right, it can still be seen as 'legal'.<br />
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So, I asked the Court to adopt that reasoning, draw a paper doll, label one leg right the other correct and label one arm right and the other reasonable - and label the head legal- and go to kids anyone's kid and say that is how public officials holding public office after taking an oath of office can make decisions that are not right, reasonable, correct or wise - and dismember the doll - just as they used to sacrifice children to the god, Molech, in the Old Testament.<br />
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Regards,<br />
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Karl-Heintz Eisbrenner<br />
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p.s. the B.C. Court of Appeal ordered me to continue the case against the Mines Ministry and others on Sept. 14.02. the Law Society of B.C. had put me on trial, as an innocent man, on March 14.02, trying to get me suspended - I was advising 3 groups of clients, the Osoyoos Chamber of Commerce and other Chambers, 800 home-owners in Naramata fighting the same Regional District in a case where the Law Society of B.C. told the Directors of the Naramata Home Owners, that the lawyers for the District were only following their clients' instructions, arguing a bogus case in B.C. Supreme Court for 6 years, resulting in a 6 million dollar damage award against the District - Gordon Campbell and the Kelowna Gang passed laws allowing the District to pass the debt to 800 innocent family home owners - assessing each home with a portion of the 6 million dollar damage award against the District - Dick Brooke's former client [ he is not to be referred to as The Honorable T. Richard Brooke, Justice of the B.C. Supreme Court... who betrayed the elderly and the California Bighorn and the Ponderosa Pines and the Salmon Creek and the Okanagan River and the most environmentally sensitive location in B.C. - along with his "friends" who were only out to make a buck, and hell, they were only doing their jobs. Just like the Law Society lawyer who told me to dump my clients and save my career... and then added, oh yeah, stop smoking pot... Yeah, Right. <br />
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"When I tell the truth, it is not for the sake of convincing those who do not know it, but for the sake of defending those that do."
William Blake
"To acquire knowledge, one must study;
but to acquire wisdom, one must observe."
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