Wednesday, June 16, 2010

WHEN THE LAW IS AN ASS

 
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NO PEACE WITHOUT JUSTICE  !
                        Luke  18
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The law is human.  Justice just is.
 
The law is made by flawed human beings for reasons that include control, order, regulation, profit, expediency and career benefits for politicians, judges, lawyers and for other reasons that have nothing to do with justice.
 
Marlene Jennings, Liberal Member of Canada's Parliament, twice acknowledged publicly that my rights have been violated three times. Russell Copeman, Member of Quebec's Legislature acknowledged that my rights were violated. But the Montreal Police continue to refuse to investigate these crimes.
 
Even when our aged mother was removed from her home and held in total isolation by the boastful "partners in crime" for almost a decade, the Montreal Police refused to investigate.
 
Even when the self-professed "partners in crime" sent me hate mail and obtained a court order declaring that I was insane and dangerous, the Montreal Police refused to investigate. I was condemned in absentia in four minutes with no medical evidence and no witnesses except my accusers. In Canada in the 21st Century. (See the reports in The Suburban weekly newspaper - September 5 and September 12, 2007)
 
I am fighting for my life and for justice. Quebec's Human Rights Commission 
says I am "too late" for justice.
 
NO POLICE REPORT - NO JUSTICE.
 
Montreal Police dodge, stifle and bury vital reports - even if it is a matter of life or death.
 
Police officers are very reluctant to write reports. If there is any way they can avoid doing so, they will. It is just too much bother for them. If they take the trouble to write a report, they will be expected to follow through. That means spending time on paper work and time-consuming court appearances. When things finally do get to court - if they ever do,  there are usually delays and postponements and the officers may be subjected to cross-examination and have to answer for any mistakes they might have made. So police officers avoid filing a report whenever possible. This is the dilemma the poor victim has to face.
 
The victim can do absolutely nothing about it. If the officers refuse to take a report, it is up to the already beleaguered victim to try to figure out the injustice system and find help.
 
You find yourself in a dispute. You call 911 for help. Did you know that the Montreal Police are not obligated to take a citizens' complaint and make a report?
 
Furthermore, the police have the right to make a report of one party's version of a dispute and to refuse to record the information offered by the second party. I know of more than one case where this has occurred and caused serious prejudice to the persons whose reports were refused.
 
It is ridiculous therefore to say "the police are not judges" as a police woman told one crime victim I know. (See "Quebec Courts - Let's Make a Deal" )
 
This very common practice makes the police judges. The police decide what version of an event should be reported and filed and they are free to refuse the version of any of the other parties.
 
That this is an accepted practice in a democratic society is shocking. It leaves a wide pitfall for an individual officer or a team to place at a disadvantage one or more of the parties to a dispute.
 
It means that a police officer - who may favour one party's race, religion, status, language, appearance of anything else, more than the characteristics of another party - is free to record and file a one-sided, even prejudicial report, leaving the other party or parties to defend themselves as " the accused" in court. Furthermore, I was told that, if you don't have a lawyer, you do not even have the right to see the police report and you cannot obtain a copy of it,
 
This leaves the second party in a conflict at a serious disadvantage, obliged to hire a lawyer and go to court to defend himself/herself. Only then, months - or even years - down the line, do they get to have their version of the case heard, acknowledged and recorded.
 
Immediately, the impression is that the second party is counter-suing, merely to defend himself or herself. This individual's testimony is bound to be less credible than the testimony given in the official police report. Judges are strongly inclined to accept the police reports as gospel, leaving the second party to defend him or herself, not only against the original accusations, but also against the "written word" of the authorities.
 
All conscientious citizens must press their MP's and MNA's to change this unjust law, by-law or practice. It is blatantly prejudicial. It is the antithesis of democracy and it makes a mockery of Pierre Elliott Trudeau's dream of a "Just Society".
 
This report was first published in Phyllis Carter's Victims' Voices in 2003.
See "Montreal Police Dodge, Stifle and Bury Vital Reports", and
"Quebec Courts - Let's Make a Deal"  in Phyllis Carter's Journal
at  http://phylliscartersjournal.blogspot.com
 

I Am Too Late For Justice - Quebec Human Rights Commission

I am fighting for my life and for justice. Quebec's Human Rights Commission says I am "too late" for justice.

It is not only young members of minority communities that suffer abuse at the hands of the Montreal Police. On October 7, 1996, I was sixty years old, living with my elderly parents while fighting breast cancer when I was attacked and robbed in my home at 4995 Prince of Wales, Montreal. I called 911.

The Montreal Police I called to rescue me - helped the thief instead.

The Montreal Police officer "helped" me out of my home, physically, and left me out in the street alone and destitute without as much as a coat.

I have been pleading for justice day and night for thirteen years.

At the time I was robbed, I begged the police for help. I begged my MNA. Russell Copeman for help,. I begged Marlene Jennings for help. I begged the people in charge of Legal Aid for help. I have folders full of letters and rejections and excuses. It is not in our jurisdiction. Everyone says, "It is not in our jurisdiction."

I have been ignored, delayed, diverted and rejected by those in authority for thirteen years. And now I am told I am too late for justice.

I am 74 years old, widowed, and last year, I learned I have bone cancer.

Like the Nazis, Dawn McSweeney stole personal treasures and destroyed lives.

The fact that I had become a Christian gave Dawn McSweeney an excuse to pin a target on me. I never knew what hit me until years later when the pieces started to fall into place.

Once I was out of my home, the thief had free and total access to all my most precious belongings day and night for five months. Dawn McSweeney stole everything of value that I had worked for all my life.

This crime shattered my family. But it didn't end there. In 2007, the self-proclaimed "partners in crime" were still free to take everything that belonged to my parents and their heirs - their children and grandchildren.

Canadian Member of Parliament, Marlene Jennings, twice acknowledged publicly that my rights were violated three times by the injustice system but no one will help me.

The Montreal Police who turned over all my precious belongings and the lives and property of my parents to the thief did not file a report and the Montreal Police have refused repeatedly ever since to take any action against the thief and her accomplices.

Even when these criminals took my widowed mother from her home and kept her in total isolation for almost a decade, the Montreal Police refused to investigate.

It was only days after my mother's death in 2007 when I was taken from my apartment by the police again.

Even when these criminals created a bizarre and malicious application for a court order to have me declared insane and dangerous, the Montreal Police would not investigate.

A judge issued the court order in four minutes without any medical evidence, without any witnesses but the criminals themselves and without ever speaking to me.

The CLSC Pierrefonds apologized in writing for their part in these crimes.

Russell Copeman, MNA, appealed for justice - to no avail.

I have appealed to every member of government, every authority, every agency I could think of. I am told "It is not our jurisdiction," "No one did anything wrong". "Get a lawyer."

These criminals are still free to enjoy everything they stole.

I do not want money or compensation.

I can't afford a lawyer.

I am not eligible for legal aid.

What I want is justice. I want the criminals tried in criminal court.

I want the authorities to return everything Dawn McSweeney and her "partners in crime" have stolen from me and from my family and I want them to return to the family - not to me - my parents' property and money.

Thanks to the Internet, I can tell the world about these devastating crimes in the hope of finding a hero - one honourable person who will read about what was done to me and to my family and care enough to take the necessary steps to bring Dawn McSweeney and her accomplices before an honest judge in criminal court and return everything they stole.

WHAT TO DO WHEN JUSTICE FAILS

Friends tell me that, when the statute of limitations runs out there is nothing you can do.  

I have been begging for justice since the moment I was attacked. I have been rejected, refused, stalled, diverted and threatened. I have received hate mail and the self-proclaimed "partners in crime" have mocked me and even obtained a court order declaring that I am insane and dangerous.
 
The legal system saw fit to try me in absentia in four minutes without any evidence or any witness except the ":partners in crime" themselves, and sent police to my door to take me to hospital for a mental evaluation. Just what you might expect in China, Serbia or 
Russia. But this was Canada, in the year 2007.
 
All the while, the Montreal Police have refused to take any action against the "partners in crime".
 
Friends keep telling me how futile is my struggle for justice, how hopeless. Does anyone who knows me think that, because the legal system is unjust, I will just give up and die?
 
I am looking for alternatives. When the law is an ass and fails to protect the innocent, there may be other ways to get justice. 
 
I am looking and listening.
 
NOW THAT YOU KNOW, WHAT ARE YOU GOING TO DO ABOUT IT ?
 
Quebec politicians, lawyers, judges and the court system conspires against justice for the sake of expediency and sometimes for personal gain. If innocent people suffer, who cares? The voices crying out in the wilderness are muted by the din of indifference, incompetence and corruption.
 
There is one thing we can do. Through the World Wide Web, we can tell the world that Canada is not a just society. It is a dream. It is a lie. And we can take our destiny into our own hands and change it. Where are the heroes?

For all reports and details, see archives at

http://phylliscartersjournal.blogspot.com  and ttp://dawnmcsweeney.blogspot.com

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