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PostPosted: Mon Jul 04, 2005 10:29 am
 


<strong>Written By:</strong> Diogenes
<strong>Date:</strong> 2005-07-04 10:29:00
<a href="/article/102955619-whistleblowing-the-lawquot">Article Link</a>

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.



"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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PostPosted: Tue Jul 05, 2005 2:28 pm
 


what get's covered up - will get exposed... A Letter to the Attorney General of British Columbia

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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.

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.

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.

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.

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.
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.

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.

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].

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.

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.

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.

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.

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.

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.

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.

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'.

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.

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'.

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.

Regards,

Karl-Heintz Eisbrenner

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.



---
Always be tolerant with those who disagree with you. After all, they have a perfect right to their ridiculous opinions-
unknown
The more laws that are written



"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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PostPosted: Tue Jul 05, 2005 2:30 pm
 


Cved

Twigg launches a new Monday column

By John Twigg

With the start of a new subscription season I've had the bright idea of launching a new product, namely a new column that I will send out every Monday (in future weeks aiming for the morning) and that will feature my own outspoken opinions on a variety of hot topics.

The new John Twigg Column will appear in The Twigg Report along with a bit of a lookahead service and maybe a review and update segment from time to time too. We'll also get into some news and critiques of the other media and their coverage, and what the heck I'll toss in some gossip too. [All tips sent to jmtwigg@oberon.ark.com will be treated in complete confidence!]

The length of the newsletter will be flexible but at least some of the components will be in lengths short enough to be conducive to use in mainstream newspapers such as on op-ed pages.

This decision, which is fairly recent, was sparked by the apparent success of entertainment mogul Bruce Allen's highly-opinionated commentaries on CKNW in the lunch hour segment, and by the arrival more or less like clockwork of the weekly column from my old colleague John Pifer. I also was influenced by Sean Holman's decision to leave The Sun and resume his publiceyeonline.com blog, which was a brave vote of confidence in the merits of independent journalism. If they can do it then so can I!

What people really want is more fireworks, namely strong opinions that really tell things like they really are, and so that's what I'm going to try to do more of, starting with the example below about problems emerging in the Ministry of Attorney General. But I'll add in some other more pragmatic features too from time to time, taking advantage of this elastic format to go to lengths that mainstream media outlets just cannot do. Plus this season and into next year I'll try harder to do better tie-ins with my website, bcpolitics.com , notably with its new B.C. Politics Forum that offers a free feedback and posting service for this and other media.

I'll still be doing my cool and balanced and in-depth analysis of B.C. politics, partly in other new issues of The Twigg Report from time to time but especially in my long-running B.C. Politics Trendwatch newsletter, which as a premium product I intend to continue to do at least once a month, with the next issue being the still-in-progress in-depth analysis of the new (and still evolving) Campbell cabinet and caucus. It'll be a keeper that no student of B.C. politics should miss.

For example, this morning on the Rafe Mair Show I heard some denigration of the move of John van Dongen from Agriculture to Minister of State for Intergovernmental Relations reporting to Premier Gordon Campbell. It's understandable that that may seem to Rafe like it was a demotion because Rafe has long had disdain for van Dongen (over fish farm policy) but I was a bit surprised that independent pundit Paul Willcocks agreed with him. But look at the cash flow and influence involved! It's a big jump up from Agriculture for him. Furthermore the dogged van Dongen has a good track record of making the federal-provincial system work to B.C.'s advantage - if he does as well with Health and Education funding as he did with crop insurance and livestock aid then we'll all be big winners. But that's an analysis not seen anywhere else yet.

Anyway, all that at a subscription price of only $60 for the next six months of service should be a bargain for a lot of people, especially for people and groups who want and/or need to stay up on the leading edge of B.C. politics. And there will be no quibbles about multiple readers at large institutions. The address to send your cheque to is:

John Twigg
4113A Twigg Rd.
Campbell River, B.C. V9H 1E9 .

----

Ministry of Attorney General lawyer charged with child sex offences?!

By John Twigg

It will be interesting to see how the mainstream newspapers play a story breaking out of Victoria today in which a lawyer in the Ministry of Attorney General has been removed from his duties after being hit with four sex charges involving a child under 14, two of assault and two of sexual touching.

I think it's a potentially huge story that could have massive ramifications including some political ones like what was known by Premier Gordon Campbell and former Attorney General Geoff Plant and when did they first know it and then why didn't they act sooner to protect the integrity of the province's justice system?

Frankly it looks to me like this is yet another example of bad news being buried and delayed until after the May 17 election, which furthers the perception that the Campbell Liberals used a lot of dirty tricks to narrowly win that election, like running up the volume of taxpayer-paid advertising beforehand, using unethical tactics in some fund-raising, campaigning in a bubble and unconscionably manipulating the media with various bits of propaganda and disinformation (e.g. the scare tactic over the apparently false news that the B.C. Teachers' Federation was planning a massive strike right after the election, which now is the subject of litigation).

This is important because if there is any one part of government that must be seen to be above reproach it is the justice system, and not only the judges but also the police and lawyers and especially the lawyers working for the government, but unfortunately this incident is just the latest in a too-long string of black eyes, warts and other embarrassments the ministry and system have suffered in recent years, such as the belated conviction of pedophile judge David Ramsey in Prince George and more recently charges against a Prince George RCMP officer that could be related, but also the Willy Pickton, Air India and other scandalous cases (e.g. unsolved Indo-Canadian gang crimes) and several politically-related scandals such as the Doug Walls and David Basi cases, among other matters less well-known (e.g. prolonged ministry stonewalling against certain litigants and possible abuse of process aagainst other subjects). Not to mention the serious staffing and personnel problems seen recently in the B.C. Law Society and Canadian Bar Association, such as the drunk-driving scandal of a president and the resignation of a CEO in an investment scandal....

The government lawyer in question, who so far has gone unnamed due to a publication ban ostensibly to protect the identity of the alleged victim, is a former Crown prosecutor now working in the Ministry's civil litigation branch, so this is a guy who has been in the system for quite a while and now works probably higher-up in one of the most sensitive central agencies, namely the branch that defends the government in what are quite often highly contentious and potentially costly lawsuits, perhaps including some of the ones cited above.

It thus is an area where the players must be seen to be above reproach so that justice is not only done but is seen to be done too, for the sake of public confidence in the system.

Was this lawyer charged with pedophile sex offences also responsible for prosecuting other people in the justice system charged with pedophile sex offences? Did he influence any of his colleagues handling those cases?? Can we the public be sure that such cases were handled without undue bias???

Details are still sketchy but according to news reports mainly on CKNW by Sean Leslie stemming from a Ministry news release, an investigation began about five months ago under a special prosecutor, Glen Orris, who authorized the four charges. Orris, who may be a former coroner, is seen by some observers to have been a good choice for this job, perhaps better than certain other special-prosecutor appointments in recent years.

The lawyer has been removed from his office, reportedly on medical leave, and Orris has said the charges were not related to his work, but how can we be sure of that until we know more details? Maybe the alleged offences didn't involve a client but did the alleged perversions pervert his handling of certain other cases??

New Attorney General Wally Oppal bravely faced the media and insisted the system's integrity is intact because "where there have been improprieties charges have been laid" which is kind of what he (especially as a former judge) has to say regardless of the truth, which is that in some cases charges have been slow and low and maybe in other cases over-zealous. Why, for example, was the marijuana cultivation charge against ex-bureaucrat David Basi suddenly dropped? And why did that crack-dealing bureaucrat in Victoria get so many second chances? Why did Doug Walls' activities get overlooked? Not to make any point either way therein, only to make the point that there are reasons to question Oppal's defence.

It all is even more troubling given the previous largely unheeded allegations from Kevin Annett and others that there may have been (and maybe still is?) a network of pedophiles amongst northern B.C. police, lawyers, judges and native leaders, which allegations were much disabused until Ramsey was belatedly charged and then convicted years after the first allegations arose. How could they keep it secret for so long? Maybe they had cohorts in the Ministry in Victoria who covered it all up? High-ups too?? Was it hetero or homo or both? Probably the latter, I guess.

Furthermore the Ministry of Attorney General in recent years has been kind of a rogue bully on several fronts, such as using the Family Maintenance Enforcement Program and other devices to persecute people who have been problematic challengers to them on unrelated issues, such as Annett, ex-lawyer Jack Cram (who this summer abandoned efforts to be reinstated), John Carten (who was litigating over the still-pending water exports scandal until he got kneecapped by a FMEP case), Karl-Heintz Eisbrenner (an amazing tale of woe that is too complex to repeat here now but it involves former cabinet minister Bill Barisoff in questionable mine development and road construction activities and subsequent litigation just before the 2001 election), and probably others.

Given that background, can we now have any confidence that the special prosecutor will do more than just whitewash this latest case? The choice of Orris is encouraging, and the appointment of Oppal is likewise, at least so far. But this case is probably just one tip of a huge iceberg of corruption. No wonder Geoff Plant retired!

Since there are less than a dozen lawyers in the "Civil Litigation" section in Victoria, according to the government phone book, and even fewer are men, it shouldn't be hard for the mainstream media to dig out the name. But then there is that publication ban. How convenient.

But we need to know the guy's name so we can know what other cases he handled and then decide whether any of them were perverted and thus should be appealed or over-turned en masse. If the guy is convicted, and the laying of such charges is unlikely without a reasonable likelihood of conviction, then it's more likely that such a sick mind could have twisted other cases too, maybe by wanting to pillory good fathers. Or maybe he was coerced by threats of his being exposed into being unfairly harsh on certain victims in the courts, or in negotiations even before anything gets to court!

So it's good news that such charges have been laid but it's very disturbing and perhaps revealing that such a person, if found guilty, has been working high-up in such an important and sensitive part of government.

And to repeat, what did Campbell and Plant know when and what did they do about it?

The soon-coming Pickton case will become a sensational scandal of depravity, and while many interests will be keen to suggest that Pickton acted alone, the evidence in the public record and in the gossip indicates that many many other people were involved too, most notably the people in the justice system who for years prevented a proper investigation of the missing-women pattern.

* * *

Short snappers

Rafe Mair is fresh back from holidays and even with minimal overnight preparation he was still able to fill an obvious void; his take on B.C. politics is unparalleled, especially in his choice of cutting-edge topics.


Bill Good had Premier Campbell on this morning for an hour but I caught only the tail end. Judging from the subsequent news reports I don't think I missed much. The main item seemed to be Campbell promising to consult with NDP leader Carole James about changing the date of the next election from May 2009 to later in the year so the financial reports can be released first.

So here's a good suggestion: why not start the campaign on the Tuesday after B.C. Day, which is always the first Monday in August, and then have voting day on the first Tuesday after Labour Day, which usually is the first Monday in September? That would lengthen the campaign by a few days, which wouldn't be a bad thing in such a large territory, and yet everyone would be home from summer holidays and so able to vote then too. And all the political geeks could schedule their holidays then too.

But I have to (reluctantly) agree with Campbell that an election day in the early fall would much better suit the province's fiscal cycle than one in May.


The B.C. Ferries accident in Horseshoe Bay could have been a much worse disaster but the subsequent negative impacts on Canada Day travellers could have been much less too if the government and corporation had more backup ships available.

But no, the Campbell Liberals sold the three fast ferries for a song, only about $25 million for vessels that cost about 15 times that to construct, so now they belong to Washington Marine Group and are sitting idle in North Vancouver.

Yes the fast ferries proved to have a number of operational problems, some serious, but they sure were better than no ferries at all, which is what we have now and will continue to have until the made-in-Germany ferries arrive in the next few years.

Campbell typically has tried to blame the NDP for the problem but it was his own government that did the giveaway, instead of retrofitting the fast ferries' engines and adjusting the schedules to make them more cost-efficient. (The fast ferries unfortunately were best run slowly!)

Now the gossip is that Washington Marine Group is considering using them to start a private-sector ferry service between Vancouver and Nanaimo, which raises anew the reality that the ideal crossing would be from the Iona outfall near the Vancouver International Airport to Gabriola Island (and a new but short bridge to Nanaimo).

But Campbell's constant attempts to blame the NDP for the fast ferries fiasco is all the more galling when you consider that his regime now has a number of equivalent boondoggles like the failed privatization of the Coquihalla Highway, the failure to privatize the Liquor Distribution Branch (which shouldn't have been considered in the first place) and the recent decision by B.C. Hydro (no doubt with some political input) to pull out of the proposed Duke Point power project at a lost-money cost of about $120 million. At least there was something left to show in the ferries case.

The Duke Point story is a column in its own right, but it looks like Hydro finally realized the truth of what all the opponents were saying, namely that it was too foolish to commit to long-term purchases of increasingly-costly natural gas, so they used the threat of prolonged litigation (which was not really a major threat) as a pretext to escape from a bad deal.

Again Campbell has tried to pin the blame for Duke Point on the NDP but the truth is that it was his own regime that first continued and then relocated the gas-fired power-plant concept to its final Duke Point version. Does the man have no scruples? Is it true that he is personally friendly with the private-sector proponents? We do know his disclosures in the past have included some natural gas companies' shares.

But of course the grandfather of giveaway boondoggles was the B.C. Rail deal, in which the lost value far exceeded the fast-ferries cost. Is that another case where government lawyers have chosen to turn blind eyes to potential corruption or conflicts of interest?

Yes the Basi case touches on that, but Basi and his pals are really just minnows in a sea of bigger sharks.


When CKNW this afternoon launched the Charles Adler Show, in effect filling a local time slot with imported network material, many callers were skeptical, and perhaps rightly so, though Adler to his credit did some good journalism in items on Live 8 and aid to Africa, and on the Canadian Army reserves practising with paintball guns (callers revealed that's a sensible idea).

We'll give Adler chance but it's obvious, at least to me, that cost-cutting has been behind this and other moves at NW, notably dropping Frosty Forst from the morning show and replacing him with Philip Till and a news show. One surmises that CKNW was unable to come to financial terms with former Liberal pol Christy Clark, who was doing a great job filling in for Jennifer Mather.


Finally, let me bid a fond adieu to Jennifer Mather and Brian Burke, who have moved to Orange County so Burke can manage the Anaheim hockey franchise.

I never met Burke but always liked and respected the forthright way he did his jobs, including carving up Premier Campbell at a fund-raising roast. But then just before the election he made a high-profile testimonial for Campbell, which I took as a bit of a repentance for telling too much truth against him. Whatever.

I never met Jennifer either but I did get to know her a bit by email (she was one of my more enthusiastic regular readers). I was skeptical at first about how she would perform but over time I became a fan.

My favourite segment of hers was when she had on BCTV reporter Jas Johal and they talked enthusiastically about his feature on the Bollywood movie industry and its huge popularity and connections here in B.C. Thus we had a born-in-Britain half-Chinese woman (married to an American with dual citizenship) interviewing a born-in-B.C. Indo-Canadian and both talking in highly-articulate unaccented manners in a way that was most interesting to people of various ethnicities including white Anglo-Saxons.

To me that was a prime example of the best features of B.C.'s multiculturalism; there was no sleazy palm-greasing federal-Liberal stuff, just two people with local roots being local people with multi-ethnic interests. It was natural multiculturalism, not artificial stuff (like we see too much of on Canada Days), and we need more of it.

Anyway, best wishes to both Brian and Jennifer. It's only regrettable that we couldn't keep such talent at home for ourselves.



The Week Ahead

Nothing special to report; it looks like summer hiatus is here. But some things will come up, they always do, like the sex charges above.

The B.C. Lions host Ottawa on Friday and it looks like this year's team will again be top-notch. Let's hope the new and softer artificial turf will cut down on the injuries to the players. Go Lions!! The Grey Cup is here this year....

Your suggestions are always welcome.


---
Always be tolerant with those who disagree with you. After all, they have a perfect right to their ridiculous opinions-
unknown
The more laws that are written



"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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PostPosted: Wed Jul 06, 2005 12:09 pm
 


I can tell by the responses just or is that un-just Canadians are to law freedom and liberty


... what gets covered up, will get exposed - what the Law Society of B.C. is not telling you...

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Subject: ... what get'scovered up - will get exposed... A Letter to the Attorney General of British Columbia
To: Jennifer.Lopes@gov.bc.ca, Elizabeth.Stafford@gov.bc.ca


Dear Ms Lopes and Ms Stafford

Kindly confirm receipt of my hand-delivered letter from Dr Harrad, Psychiatrist. I attended at The Criminal Justice Branch of Crown on July 4. 2005, to deliver the letter, as requested.

Kindly also confirm that on July 21.05, you will have a) a complete copy of particulars and b) the charging sheet and c) Crown's position on sentencing, along with a copy of Dr Jeannette Smith's April 15.02 Report/Assessment, paid for by the Law Society of B.C., the same Dr. Smith who wrote to Mr Buss, Regional Crown Counsel, Surrey, on the instructions of the Law Society of British Columbia, to instigate my apprehension and incarceration and my being charged with the present "crimes". This, according to her Oct. 5. 04 letter to Surrey Crown Counsel, Mr Buss.

Dr Smith was instrumental in the Law Society's decision to suspend my practice of law as a innocent member in good standing. That decision was made on November 29.02. However, I was counsel to 180 plus seniors and their landlords in a case before the Court of Appeal, under Order of the Court of Appeal to continue the case on behalf of the elderly, seniors, mostly retired folk. They got promised help by the West Coast Environmental Law Association, got promised 15 grand to fight their cause against MLA Barisoff's illegal sand and gravel mine, but then the funding got cut off, all of a sudden, because the Director of the Association said the entire funding for the organization was in jeopardy if it continued to assist the seniors, and the california bighorn, and the salmon, and the ponderosa pines and the most sensitive habitat in B.C.

That promised help fell through because the Association was pressured by politically interested parties unwilling to have any hint of scandal inflict any harm on Gordon Campbell's 2001 May election chances... G. Jack Harris, Q.C. will attest to the fact the Law Society was vehemently interested in shutting down my work for my clients, the 188 seniors, their landlords, the 800 families in Naramata and the Osoyoos Chamber of Commerce and other Chambers.

It is in the March 14. 2002 Transcript of Proceedings of my first trial as an innocent man in Law Society offices, because I would not accept the bribe from Jessica Gossen, advising me that I would have a chance at keeping my license to practice if I dropped the case for the seniors. That case showed civil damages exceeding 20 million dollars and potential personal liability for several prominent Cabinet Ministers and others.

T. Richard Brooke, Q.C. was counsel for the Regional District- a Respondent in the case. He was instrumental in admitting liability and wrongdoing by the MInistry of Energy, MInes and Petroleum Resources, MLA Barisoff and the District, complicit and participatory wrongdoing, contravening provincial legislation and Criminal Code prohibitions against obstructing justice.

That was the case before the Court of Appeal, when these proceedings for allegedly uttering death threats commenced - interfering with my ability to continue with the Court of Appeal case against the Attorney General of B.C. and the Law Society of B.C.

Dr Harrad advises me of the need to deal with grief. I wrote the Law Society early on in the case telling them 4 of my elderly clients had passed away and the matter should be settled, by allowing the Court to decide the merits of my allegations, arguments and beliefs.

Madam Justice Newbury said as much on May 18.01 when she said in her Reasons for Judgment, no decision could be made by the Court about my allegations, arguments and beliefs until the whole case before the Supreme Court was looked at.

What follows, is some of that case.

Regards,

Karl-Heintz Eisbrenner

p.s. kindly pass this along to whomever appropriate
karl-heintz eisbrenner <eisbrennerlaw@yahoo.com>



---
Always be tolerant with those who disagree with you. After all, they have a perfect right to their ridiculous opinions-
unknown
The more laws that are written



"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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PostPosted: Fri Jul 08, 2005 3:54 pm
 


The Story of Barry Burton: Artillery Shells falling in the Okanagan

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Barry drove his car up past the NO TRESPASSING sign. He had had enough. Every day, from 5 in the morning until 9 at night. Blasting. Artillery shell blasting from next door. From property owned by an MLA, a member of the British Columbia legislature. Scared the old folk right out of their homes. One hundred and nine homes, 188 neighbours, mostly elderly. Started on a Saturday in June.

Barry saw the propane cannon rigged with a barrel behind it, a big drum. Each time the canon exploded - the echo resounded around the 3 rock bluffs - like artillery shells... every 3 to 5 minutes, every morning, day and night until after 9 at night.

It was camping season at the Gallagher Lake KOA. Doug Cove like to cycle there amid the Ponderosa Pines. Over 130 tall pines nestled next to the Country Pines Retirement Park. Doug flew in the War. An RAF and RCAF veteran. Doug had one eye. But he could spot a lie. Doug said it sounded exactly like artillery fire. Scared him. All these years later.

A car wove its way around the winding one paved lane between the homes of MLA's neighbours, spotted a license plate number.

Barry was charged with criminal trespass. Barry was prosecuted by the Criminal Justice Branch of the B.C. Attorney General. Ujal Dosanjh was in charge. Barry got convicted as a criminal in Oliver Provincial Court... He refused to have anyone defend him.

Barry was most proud of the photo of his son sitting on Lester B. Pearson's knee. His wife, Leah, was proud of the news article from an Ontario paper, about Barry's skill at crafting custom-made golf clubs for some players on the PGA professional tour. Leah told me the conviction, the prosecution, the criminal trespass charges, killed Barry.

Barry was 80 years old. He never got over the humiliation of being on trial for a crime, for driving his car passed the sign on the MLA property that said NO TRESPASSING right beside the salmon creek he and his neighbours at Country Pines would walk along, with their grandchildren and their wives. Like Ella Carlson. Ella passed away not being able to take her favorite walk with her husband. She breathed silica dust during her last days. From the next door neighbours heavy industrial aggregate mine... the one that started working without a permit on September 11 - the one owned by the MLA... the one the elderly blockaded later in November...

But that was then and this is now.

Barry Burton's story doesn't end there. He was hospitalized for depression. He had to go through many sessions of shock therapy. Last I saw him, he looked like Jack Nicholson at the end of One Flew Over The Cookoo's Nest. Barry walked as if he had a lobotomy.

No more resounding voice, that carried its own echo. No more flashing brown eyes and laughter. No more serious talk about honor and respect. Just Barry. Unwilling to have any oone defend him - standing alone in Court, facing criminal charges for driving up a dusty road to spot less than 1/4 acre of cherries under cultivation...

The agricultural guidelines recommended no propane canon use for anything under 2 hectares under cultivation. The agriculture inspector saw the birds on the few gnarly cherry trees, less than a quarter acre of them... the birds would fly up when the canon went off and back down when the echo launched itself at the neighbours at Country Pines and Cotton Woods... and Deer Park, across the road... over 300 seniors... and the Oliver paper said "Keep on Farmin'"
and the inspector said more quiet ways of keeping birds away worked better... but the explosions still happened... every 3 to 5 minutes, for a solid month, day in and day out...

Barry paid the price. Artillery fire over the Okanagan and a criminal trespass charge levied by the owners of the property next door, the MLA's property, where the MLA's company started mining without a permit on September 11 - no license, no permission, just went ahead mit Gewalt - with audacious power - and broke the law...

The police would not help. Agriculture Ministry officials would not help.

Barry tried to.

Regards,

Karl-Heintz Eisbrenner



---
Always be tolerant with those who disagree with you. After all, they have a perfect right to their ridiculous opinions-
unknown



"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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Posts: 3540
PostPosted: Sat Jul 09, 2005 6:56 pm
 


Reprinted from Kettle River Echo - Dec 2002 - with permission
BC LAW SOCIETY SUSPENDS MEMBER AFTER SCRUTINIZING BEHAVIOUR
By Wolfgang Schmidt *
When a lawyer writes to the Canadian Judicial Council and claims that a BC Supreme Court judge doesn’t know ‘his Ass from a hole in the ground’ it surely will stir the ire of the Law Society who protects the public by setting standards of professional conduct for lawyers. The Society disciplines members who violate those standards.
Last week, Karl Eisbrenner, a lawyer from Bridesville, BC and a member of the Law Society was disciplined and his licence was suspended in part because he wrote the above-mentioned letter. He also sent irrelevant poetry to newspapers and others and the law society received a report from a psychiatrist that stated that Eisbrenner was not fit to practise law because of the effects of an accident in 1995 which left him with serious brain injury, still affecting his actions today.
Eisbrenner defended himself before a panel of three benchers (directors of the Society) and submitted court documents from a case he was handling, which in his opinion proved that judges had ignored evidence, that fraud was committed and in one case that his legal arguments were re-written by a judge and then the case was judged on the re-written document.
The law society however ignored the facts Eisbrenner represented because they were judging him on the narrow issue of mis-conduct. Ms Gossen, counsel for the society told this writer that the panel was not concerned with the truth or non-truth of Eisbrenner’s claims, they were only concerned with his outrageous behaviour.
Eisbrenner on the other hand wanted the panel to see why he had to stoop to lower himself to use inappropriate language. He claims that he was unable to get a fair hearing in the BC Supreme Court in his case which involves a mining operation owned by the Barisoff family and in which 180 elderly residents of Country Pines in the southern Okanagan insist that it was an illegal operation in which the Ministry of Energy, Mines and Petroleum Resources and the Regional District of South Okanagan-Similkameen tried to cover up the fact that there had been no prior mining on the property and the activity therefore was illegal.
The case is still ongoing and will be heard in the Court of Appeal, as Eisbrenner was successful in convincing an appeals court judge that he and the residents have a valid open case.
With the action of the Law Society, it is now questionable what legal representation the residents will have, if any. Part of Eisbrenner’s defence was the fact that the Law Society itself had objected to the filing in this case right from the beginning and had interfered with his practice by forcing him to attend panels in Vancouver just before important court dates. In correspondence of the Law Society, they refer to the "Brouwer Case" as the reasons for their action, but the discipline panel ignored those aspects and did not want to judge the legal issue but rather focused on the final charges, which were laid against the lawyer, which did not include the "original complaint".
Eisbrenner admitted that the language he used and the way he tried to get attention for his clients was not in keeping with the professional decorum, but out of the frustration of a number of judges asking him to release the Regional District from the case, despite the fact that that he had filed written proof of their legitimate involvement. Eisbrenner agreed with a former Chief Justice of BC, that to rank courtesy, the wish not to offend, ahead of justice - is wrong.
The Benchers told him however, that there are other ways to handle those questions in court, but Eisbrenner insisted that judge after judge ignored the law.
Eisbrenner questioned the action of the Law Society, which went on a ‘fishing expedition’, because only one of the witnesses they had called, Mr. Domes of Oliver, had laid a complaint against the lawyer. Domes accused Eisbrenner of using foul language and threatening gestures against him.
It was interesting to hear some of the witnesses called by the Society to testify against Eisbrenner, praising the lawyer for excellent work. One lower mainland witness, who has her own law firm in which Eisbrenner worked for a year, commented that while he was eccentric with ponytail and gaunt complexion, "he is one of the brightest men I ever met" she continued to explain that he did good work and handled complex cases successfully.
Another witness flown in from Alberta too testified under oath that Eisbrenner did excellent work for them.
These testimonies were focussing on 1996, a time after the car accident, where Eisbrenner admitted that at that time he had problems with files he was working on and he can’t even remember now many of the things he did back then. He testified that he realized his impairment and removed himself from the active membership list of the Society to seek treatment for his injuries.
The Society re-instated Eisbrenner after the treatment.
‘This meeting is like double jeopardy and harassment’, according to Eisbrenner, who had been called to a similar hearing in March of this year. He read from the transcript of that hearing and the same charges, the same allegation and the same defence was quoted. Eisbrenner volunteered at the time to see a Forensic Psychiatrist, chosen by the Law Society. In March, the Benchers concluded that Eisbrenner could continue to practise law.
The current group of Benchers will give written reasons for their suspension decision later. In the meantime, Eisbrenner is prevented from completing his ‘Brouwer Case’ in the ‘Court of Appeal’.
When asked for a comment, Eisbrenner only said " The decision by the Law Society to suspend me under the guise that my continued practice of law would constitute a grave danger to the public is not in any fashion based on any law. It is a knee-jerk simply to do what has been unsuccessfully tried for 4 years, i.e. ‘get him off at any cost – at any means’. Any person wanting to verify what I have said may refer to my affidavit and supporting material filed in the Court of Appeal on Aug. 20th of this year."
‘Unique’ was a word often used in describing Eisbrenner’s current case even by high ranking officials of the Law Society. ‘Unique’ is also a word used for the lawyers education. He is Oxford (England) trained; holds master degrees in Philosophy and Theology besides his law credentials; taught philosophy at the University of Alberta and ethics, critical thinking and logic at Cariboo College. Eisbrenner often quotes scripture as it relates to law and he is well versed with native and environmental problems, as they relate to the case he had been handling until last week.
* Wolfgang Schmidt is a freelance writer and author living in Rock Creek BC
Ph: 250-446-2455


---

Giving money and power to government is like giving whiskey and car keys to teenage boy.
-Parliament of Whores



"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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