The Brick Wall

Illustration

The Brick Wall

THE BRICK WALL (judicial) reveals irregularities/illegalities that the Saskatchewan Government’s lawyer, Mr. Darryl Brown and the registrar did to protect this government and obstruct justice for me/us and how certain justices aided them by letting them get away with it.

This legal journey became the ‘fight of my life’ to survive in not just an adversarial system but one that is indifferent, condescending and even hostile to self-litigants who litigate ‘the hands that feed them.’ Before going to court, I was certain that any judge would recognize the injustices and breaches of the law that occurred and apply the law, as a judge is at liberty to do.

When it appeared that I had such a judge, the Honorable Justice Fred Kovach, he was surprisingly replaced by Justice Guy Chicoine. As I sought ‘to give a voice’ to my grandchildren, who are representative of all vulnerable babies and children who need protection and justice, I was denied it. We were ALL denied it!

The Canadian Court system went to great lengths to undermine this lawsuit when it was in their power to treat it as substantial and apply the law accordingly.
As a ‘self-litigant,’ I thought I’d only need to tell my story, the TRUTH, and justice would be served. Not so. Before going to court, I was certain that any judge would recognize the injustices and breaches of the law that occurred and would apply the law, as a judge is at liberty to do. Not so! Certain lawyers and judicial officials did whatever they needed to ensure that these defendants would not have to be accountable, and in doing so, did irregular and illegal acts to that end.
The legal process is not only one that is adversarial but down right ‘dirty’. At least, that was my experience. I doubt that I am unique as a self-litigant, at least as one who’s trying to litigate government /public servants and those aligned with them.
Note:  There are 37 pages named THE BRICK WALL of INJUSTICES.
Read it here: https://www.scribd.com/doc/248679270/Brickwall-of-Injustices

Illustration

Notable Highlights

Ethical practices and 'common sense' (sound judgment) were severely lacking and, in some cases, even absent. Here is one such example: After reading the doctor's report on our youngest grandchild (late 2003) and taking in her appraisal of my daughter's husband having stating that he had no history of violence towards children or a history of familial violence made me reflect on the following:
● This doctor's description of Destiny's husband made me realize that she was ill-informed and/or dismissive of the fact that her husband was in the Native Syndicate.
● Was she aware that Leslie's foster mother picked her up just hours before Destiny's husband went on a knife-wielding rampage, trying to stab my daughter as she ran out into the frigid night and hid?
● When Destiny was not available to stab, he went across the hall to his brother's apartment and stabbed him, just missing his heart. This stabbing made the news and the Leader Post. Is he or is he not a danger to members of his own family?
This doctor allowed herself to be a pawn for this senior protection worker who knew all this information which was at her disposal. The protection worker involved discounted Charlene's accounts of what she'd reported, ignored the No Contact Order in place, threw 'caution to the wind' and placed Destiny's third child (Leslie) with Destiny and her husband for consecutive overnight visits during the Christmas holidays in 2000.

Notable Highlights

In Chambers on December 01, 2005, Justice Kovach ruled in my favour by granting me the following:

1. the privilege of amending my claim,
2.  the privilege of adding my four grandchildren as infant plaintiffs (proposed) and
3.  allowing me to represent them and
4.  further allowing me to add two defendants (proposed), that is the Attorney General of the Government of Canada and Joyce LaPrise.
5.  I was granted 'adding a new pleading of Autumn Starr's death as a wrongful death.'  The teleconference (described below) and a change of justices ensured that this was not going to happen.

On December 1, 2005, I felt heard, validated, believed, and felt that justice was advancing. Not so!

Of course, the counsel was upset. Upon my way out of chambers, Mr. Watson, Q.C., stopped to 'give me the death glare' and 'shake his head in disgust at me. I felt the love.

Illustration

After this hearing, I wrote an Order from the fiat, which the acting Registrar filed. Mr. Dauncey and the lawyers didn't like it and sat on it until just before the hearing, which was scheduled for mid-January 2006. Then, all of a sudden, the Registrar, Mr. Dauncey, insists that the wording of my order be changed. I disagreed, indicating that nothing was to be reworded except for the word 'proposed' being added after the names of those to be added. This was in relation to counsel wanting to argue that they should not be added, but in my mind, Justice Kovach had already allowed them to be added, and it was up to counsel to argue why they should not be added.
On January 16, 2006, Mr. Dauncey orchestrated a telephone conference between Justice Fred Kovach, the lawyers for the defendants, and me.
I had questions for Justice Kovach to consider prior to this teleconference, and I delivered them before noon, as this conference was to take place at around 2:00 p.m.
So, I put the one page of questions on the counter at the Registrar's office.  Mr. Dauncey, the Registrar, waited on me.  I asked him politely to deliver these questions to Justice Fred Kovach prior to his arranged teleconference, whereby he pushed the piece of paper back at me and said flatly and firmly: 
● "No, I won't do that! "● to which I replied, "I need you to do that " (as it is very important to me)● to which he lost his cool and shouted at me, "Look here, Arlene, you don't call the shots around here!"● to which I responded, "No, I don't; you do because you're the government, and I'm suing you! "● to which he replied, "We're impartial!"● to which I replied: "We'll see about that!" and I left without the sheet of questions.
So, the teleconference occurred as he'd planned that same afternoon.  Justice Kovach noted at the beginning that what was to take place was "highly irregular" and that I could have this brought back to Chambers.
Of course, I was not a lawyer, and I had already been bullied by this Registrar, so I was compliant for this teleconference to proceed. Further, I believed that not only Mr. Brown but the other four lawyers for the defendants were on the other end of the telephone. They should have been since they all wanted changes to the order that I filed.I wanted to ask if the Registrar gave him my questions and concerns about this teleconference. I felt intimidated after my experience with this Registrar a couple of hours earlier and speaking to a judge.
The Hon., Mr. Justice Fred Kovach, told me that I could leave my grandchildren as infant plaintiffs on the cover as well as the two defendants, but I was to add proposals in brackets after their names. Note: The style of Cause is simply the cover page of the order. That was about it. 
Then, the Registrar surprisingly mentioned to Justice Kovach that I had these questions for him and that he wanted to see them.  He answered rather miffed, "It's too late for that now!"
Then, Mr. Dauncey asked if the Saskatchewan Government's lawyer, Mr. Brown, could revise the order (as per his instructions). Justice Kovach asked if that would be alright with me, and again, I was compliant. Following this teleconference, they revised the order but not according to Justice Kovach's instructions. 
The proposed defendants were entirely removed from the Style of Cause; the original fiat from December 01, 2005, was removed, and another one replaced it; December 01, 2005, Chamber's meeting was removed from the court record, and Mr. Dauncey and Mr. Brown found a way to do away with the court hearing's outcome of December 01, 2005, which had not gone these lawyers way. It was as if the December 01, 2005 hearing had never occurred. It had occurred.
It was at this juncture that Mr. Justice Chicoine was appointed to the bench. Nothing that had occurred with Justice Kovach on the bench mattered. The March 07, 2006 hearing went on without Justice Chicoine, by his own admission, not being prepared to hear arguments, as he made the claim that he had not read one word of the file being just handed the file on his way into Chambers.
What he did note was the volume of documents on the file he was just handed. Still, he requested I move things along because "we don't want to be here til 8:00 p.m."  Just being handed the file by the Registrar was unbelievable since he realized that I was responsible for much of it. Further, this judge let me know whom he was aligned with, and the bullying continued!
This directive from the start told me, 'You haven't a chance of success. 'It's fixed!
I had to keep going to try and get justice for my grandchildren and also to recoup my parent's inheritance to me and my family, which was stolen from me when a SINISTER PLAN 'hatched in hell' and authored by the Saskatchewan Minister of Social Services (Mr. Glen Hagel) and Human Resources Development Canada (HRDC at the time) and Canadian Heritage. 
The details are on the court documents that I filed with the court, some of which are attached to this site. They 'put in motion' to ruin me' in every possible way! Now, the bleed continued as I tried navigating through this court system, and the bleed continued because I was exercising my 'rights of freedom of expression' (the Charter of Freedom and  Rights) by doing this website. 

Illustration

Notable Highlights

Recently (October 2015), I learned that my husband and I were being impacted professionally because of this website.  Yet, it is more important for our story to get out with the hope that something positive will come from it, like:Babies and children will be better protected – like Charlene, Jonathan, Leslie and Lyle.
● Babies at 'at risk' will be provided with the medical help needed for their survival rate to improve – like Lily and Autumn.● Deaths that are suspicious have a Coroner's Inquest – like Autumn and Lily.● All babies who die in the care of the Minister of Social Services have Coroner's Inquests – like Autumn.● Public servants should be held accountable in accordance with our laws as every other citizen would be and not be privileged or protected—like conspiring to harm to cause the losses that we suffered.● Judges apply the laws for government-run protection services to improve their function and delivery of protection services.● To apply the law to their own within the judiciary when they use 'privilege and power' to manipulate and/or break the law.● Our court system becoming 'user-friendly' where justices apply the law for self-litigants when clearly there have been grievous breaches of the law.● Criminal matters will never become moot as they did when my lawsuit was 'thrown out.'● Rehab programs like The Anchorage implemented will be supported, and those in need of rehab from addictions and healing from abuse will never be threatened to have their social assistance cut off simply to fulfill a sinister political agenda as they did to us.

Hearing a Sham

March 07, 2006
It felt like there was NO CONTINUITY-NO RHYME NOR REASON to the court processes except for the defendants’ lawyers not following the Order of the Hon. Justice Kovach and following the Rules of the Court because Justice Kovach was not left on the case.
These lawyers had a new judge and a Registrar who assisted them at every turn. Self-litigants are disadvantaged enough not being lawyers without having to deal with ‘high-handed’ and/or illegal tactics, which are described in my affidavits and legal documents.
On March 07, 2006, Justice Chicoine walked into the courtroom. He told us that he had just been handed the file on his way into court and knew nothing about it. Yet, he was prepared to hear arguments without doing his homework. Before sitting on the bench and without looking at me, he addressed me: ‘Ms. Lowery, there is a lot of material on this file, and we [counsel (the defendants’ lawyers) and he] don’t want to be here until 8:00 tonight.’
Mr. Watson was allowed to audio-tape me without having an application before the court and not notifying me prior. There was no new or amended motion to strike my amended claim nor did any of the lawyers file new or amended any substantive materials before the court to support striking my amended claim. As I described earlier, it was a ‘gong show.’
They were all ‘joined at the hip,’ and ‘CONFUSION was ‘the order of the day‘.
Charlene Dobson and I will no longer be silenced. With the launch of our websites, we will give a voice ‘to the plight of the vulnerable.’

We trust that positive changes to rehabilitate families and keep babies more safe will happen, and yes, that justice will be served when they’re not KEPT SAFE.

Illustration
Illustration

Swaying the Court of Justice

Chief Justice R. Laing responded to a letter I sent him via the Registrar outlining my concerns and complaints about not receiving fair and equitable treatment.

I received a 2-page response letter from him sent to my civic address trying to convince me to the contrary. I was not convinced, and I am still not convinced. I will NEVER BE CONVINCED!

My concerns about being unjustly treated and that I believed there was a miscarriage of justice are explained in my legal documents, which I attached and filed with the court. Some of these files are attached to this website in the tab. Swaying…

Paper Trail Shredded

Once gone, a former employee of The Anchorage disclosed at the Saskatchewan Labour Board of Appeal hearing and to me directly that she witnessed Ms. LaPrise shredding my files, accounting records and even my convocation photograph for my Bachelor of Science in Nursing (B.Sc.N.) degree in addition to our family photos—now that’s beyond hateful.
She was not done yet. She was on a hateful rampage and tried to frame me for mismanaging The Anchorage by going to the police and trying to make a case for that.
That failed as Chief Cal Johnson (retired), Regina Police Services would not go along with her last plot, so thank you, Chief Johnson!
One stark example of their corruption is when, in November 2005, the Saskatchewan Government’s lawyer, Mr. Darryl Brown approached me (right after the death of Autumn and right after he got a Sealing Order to protect more his client than my grandchildren or to give Autumn’s voice ‘to speak from her grave’), advised me before my filing with the court, my motion to amend my claim, that I could not litigate public servants as they were protected and had immunity. Justice Chicoine made no such claim. In fact, he notes in his decision that when I removed them from my amended claim, I had abandoned my right to litigate them.

Illustration
Illustration

Paper Trail Shredded

If true, I believe Mr. Brown purposely misled me, which would constitute obstruction of justice, a criminal offence. He even went so far as to have his office prepare a Consent Order and have the other lawyers sign it, making them accomplices to his crime since they knew it originated from him and knew it was a criminal act with his doing this and their going along with it.

Interestingly, the Supreme Court of Canada’s decision made the claim that it is all moot with the lawsuit being struck. This is very ‘short-sighted’ for those implementing the laws of our land for our most vulnerable and all Canadians seeking justice in such politically charged matters as this lawsuit represented.

Lawyers and judges alike can do what they want in the court arena, even commit criminal acts and ‘get away with it’ as long as the lawsuit is ‘thrown out’ (moot). So much for the highest court in our land!

* Please note that I had no intention of removing any of those government defendants from my Amended Statement of Claim (Fresh Copy), but because of Mr. Brown’s unsolicited advice and actions, these public servants were removed.