{"id":1420,"date":"2023-09-19T00:10:51","date_gmt":"2023-09-19T04:10:51","guid":{"rendered":"https:\/\/injusticeinontario.ca\/?page_id=1420"},"modified":"2024-11-15T15:25:46","modified_gmt":"2024-11-15T20:25:46","slug":"injustice-home-page","status":"publish","type":"page","link":"https:\/\/injusticeinontario.ca\/","title":{"rendered":"Injustice Home Page"},"content":{"rendered":"
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www.injusticeinontario.ca<\/strong><\/span><\/h1>\n

Home Page<\/span><\/p>\n

Website last updated on November 15, 2024,<\/span><\/span><\/p>\n

Page two<\/a>\u00a0 \u00a0\u00a0Page three<\/a><\/p>\n

Donate to injustice in Ontario<\/a><\/p>\n

Police and lawyer complaints covered up in Ontario, Canada<\/span><\/p>\n

My name is Robert Burgiss, My website shows that the courts in Ontario, Canada are swamped and that police are under pressure not add to it so they cover up crimes instead of filing charges. It also shows that investigators from the Law society of Ontario are swamped so they cover up complaints against Lawyers. And that the Office of the Independent Police Review Director (OIPRD) and the Special Investigations unit (SIU) cover up complaints against police and that they have been for years. It also explains how covering up complaints against Lawyers, or police officers and the complaints that the Ontario Ombudsman\u2019s office receives is obstruction of justice. And it explains that the Attorney General of Ontario can investigate the OIPRD even though they are independent from the government. It explains how police discretion works, How the RCMP act & the police services act in Ontario say that police officers have to do criminal investigations & lay criminal charges, how the OIPRD does not deal with criminal complaints against police, how it is obstruction of justice for your Member of provincial parliament (MPP) to refuses to help you with a problem with Ontario government agencies. How in a\u00a0 defamation case the courts presume that the defamatory statement that the defendant made about the plaintiff is false. And that the defendant has to proof at the trial that the defamatory statement is true. How in a wrongful Dismissal case the courts presume that the employer did not have cause to fire the employee.\u00a0 And that the employer has to proof at the trail that they did have cause to fire the employee. And that politicians are not willing to do anything about the cover-ups because they are afraid of the police. It also shows that the news media will not do news stories about the cover-ups and that they will not let me advertise my website on their TV channels and in their news papers.<\/p>\n

I have written to lots of Government agencies about this but they all give me the run around. So I need as many people as possible to read my whole website and then write to the Government agencies that are giving me the run around like the RCMP Public Complaints Commissioner, the Ontario ombudsman\u2019s office and Chiefs of police in Ontario and complain. And write to the news media and complain about them not letting me advertise my website on their tv channels and in their news papers.<\/p>\n

Email rburgiss@injusticeinontario.ca<\/p>\n

Please do not email me for legal advice. I am not an attorney<\/p>\n

\u00a0If you have facebook or other social media please go on it and talk about this website. Hopefully if enough people see my website and complain to the government about the corruption the government will do something about it.<\/span><\/p>\n

1.<\/span>\u00a0In 1992 I was hired by\u00a0Magna International\u00a0<\/strong>as a press operator at their Milton Ontario plant called\u00a0Karmax Heavy Stamping<\/strong>. There was a lot of favoritism at Karmax and if you knew someone in management you get the easy jobs. At Karmax there are automatic presses for the easy jobs and there are manual presses for the hard jobs. Some employees who are known to Joe Monroe the head of press shop 2 are on the automatic presses a lot more than other employees. But on the other two shifts, everyone gets a turn on the automatic presses. So I complained about it and they shut down the entry line to have a meeting about it. After the meeting, things changed but it only lasted for a couple of weeks. So I stood up to management. In June of 1994, my boss Geoff Stanley called me into his office and told me that Rhonda Finn had filed a harassment complaint against me. I told him that it was not harassment. We were seeing each other at work and we had a fight. Mr. Stanley then said I will talk to her about it.<\/strong><\/span> And that was the last I heard of that complaint. Mr. Stanley did not tell me the details of the harassment complaint.<\/strong><\/span> In August 1994 I was called into Mr. Stanley\u2019s office again and told that Miss. Finn has filed a sexual harassment complaint against me. Mr. Stanley again did not tell me the details of the complaint<\/strong><\/span> and Rhonda was not there.<\/strong><\/span> Because of the complaints management told me that she had filed against me I stopped talking to her. In November 1994, it had been two years that I had been working there. So I had a job performance review meeting with Mr. Stanley and he said that there was a problem with my production that it was down. In the past two years, I was never told about problems with my production. <\/strong><\/span>And he did not mention which machine my production<\/strong><\/span> was down on. He also said that my attendance was a problem. At Karmax you get 3 personal days of paid holidays a year and you can earn 2-hour sick credits each month that you are not late or absent without pay. I had two days left.<\/strong><\/span> So he is wrong. And he mentions the problems with Rhonda. He then gave me a fail on my performance review and I did not get my pay increase. I then called the\u00a0Magna hotline<\/span>\u00a0<\/strong>to complain about not getting my pay increase and the sexual harassment complaints. The\u00a0Magna hotline<\/strong><\/span> is a phone number that you can call if you feel that management is not treating you fairly. On November 23, 1994, I again was called into Mr. Stanley\u2019s office and told that Rhonda had filed another sexual harassment complaint against me. Again he did not tell me the details of the complaint<\/strong><\/span> and Rhonda was not there.<\/strong><\/span> On December 05, 1994, I again was called into my boss\u2019s office and told that Rhonda had filed another sexual harassment complaint. Again he did not tell me the details of the complaint.<\/strong><\/span> and Rhonda was not there.<\/strong><\/span> He then said that I was getting a written warning and a one-day suspension. I refused to sign the written warning.<\/strong><\/span> I then went straight to Jim Stratton\u2019s office. He is the head of human resources at Karmax. He said that the suspension would be served at a later date pending the outcome of the Magna hotline\u00a0investigation.<\/strong><\/span> Then on December 08, 1994, I was suspended until further notice. They did not say that there was another complaint<\/strong><\/span>. Then over that weekend the\u00a0Magna hotline<\/strong><\/span> called and said to meet them at the McDonald\u2019s down the street from the plant on Monday. Then Karmax called and said to come in for a meeting on Monday at 10:00 a.m. At the meeting with the Magna hotline,<\/strong><\/span> they said that they did an investigation and that you are sexually harassing Rhonda.<\/strong><\/span> Again they did not tell me the details of the complaint<\/strong><\/span> or show me a written complaint against me signed by anyone.<\/strong><\/span> I then went to the meeting at Karmax and there Jim Stratton said. She has filed another complaint.<\/strong> Which makes\u00a0no sense\u00a0<\/strong>because I was not even at work.<\/strong><\/span> I then asked for a meeting with m<\/strong>anagement and Rhonda<\/strong><\/span> but Jim Stratton said no.<\/strong><\/span> I was then given my termination letter signed by Klaus Niemeyer the plant manager<\/strong><\/span>. \u201cIn the letter, it says<\/p>\n

\u201cPlease be advised that I have reviewed your employment situation with Joe Munro and the Human Resources Department. As a result of this review, please be advised that Karmax Heavy Stamping is terminating your employment effective immediately. <\/strong><\/span>In consideration of the two years and three months of employment with our company and the season, I have asked the payroll department to prepare your final pay cheque including 4 weeks\u2019 pay in lieu of notice. <\/strong><\/span>The reason for our decision is that our own investigation and that of the Magna hotline<\/strong><\/span> has indicated that you have been harassing a female employee <\/strong><\/span>despite her efforts to convince you that your behavior was completely unwelcome.\u201d<\/strong><\/p>\n

Rhonda never told me that.<\/strong> \u00a0<\/span>And I then left. I then filed for unemployment insurance benefits on the form for UI it asked for the reason I left your job. I put down I was fired for sexually harassing a female employee. I then got a letter from UI saying that I was not getting UI benefits because they believed that I did lose my job because I was sexually harassing a female employee. So I then filed an appeal of that decision and there was a hearing. UI asked Magna for copies of any evidence that they had in regard to the sexual harassment complaints. Magna sent them documents. But there were no written complaints against me signed by Rhonda or anyone\u00a0or any transcripts from any investigation and nothing from Rhonda in writing.<\/strong>\u00a0<\/span> Nobody from\u00a0Magna or Rhonda<\/strong>\u00a0showed up for the hearing it was just me and the three referees. The appeal was denied.\u00a0This makes no sense because there is nothing from Rhonda saying anything about the complaints she had filed. <\/u>It was just Magna management people saying that Rhonda had filed these complaints.<\/span><\/strong> She did not say anything to me about the complaints that she had filed.<\/strong><\/span> The reason for UI\u2019s decision is that UI was under pressure to save money back then and not give it away. On January 25, 1995, my lawyer Victoria M. E. McIntosh of SULLIVAN, FESTERYGA, sent a letter to Klaus Niemeyer the plant Manager in the letter dated January 25, 1995, said, <\/strong><\/p>\n

\u201cPlease be advised that I have been retained by Mr. Robert Burgiss, a former press operator with your company, to investigate his dismissal from your employ on Tuesday, December 13, 1994. Mr. Burgiss has advised that his dismissal was accompanied by a \u201cseverance package\u201d of four weeks’ pay (being the equivalent of entitlement of any employee for dismissal without cause<\/strong><\/span> under the Employment Standards Act); notwithstanding the letter of termination provided by you to Mr. Burgiss which states that his termination followed the investigation of complaints of harassment. It is my understanding that any effective harassment policy would contemplate a full investigation and report disclosed to the person against whom the allegations have been made<\/strong><\/span>. Kindly provide me a complete copy of all investigative statements and reports concerning the allegations of Rhonda Finn<\/strong><\/span> and any other employees of Karmax Heavy Stamping concerning the unwelcome behavior of Mr. Burgiss which led to his dismissal.<\/span> <\/strong>Harassment is defined as engaging in a course of vexatious<\/strong><\/span> comment or conduct that is ongoing and may include verbal threats, abuse, offensive sexual flirtations (not merely complaints or flirtations comments), or sexist jokes that cause embarrassment. The accepted procedure of reporting harassment requires a written complaint specific as to the date and time etc.<\/strong><\/span> The person against whom the allegations are made then has the right to be advised of the allegations so that he may respond to them. An investigation would ensue.<\/p>\n

Magna then sent a letter to my Lawyer dated February 22, 1995, from R. Andrew Staniusz in the letter it says.<\/p>\n

\u201cPlease be advised that your client was terminated for sexual harassment of a co-worker.<\/strong><\/span> The employer was first notified of the harassment on June 27, 1994, and attempted to have your client cease and desist. The form of his harassment comprised systematic and continuing dissemination of untruths concerning a supposed relationship between your client and this co-worker<\/strong><\/span>. Your client was counseled in July 1994, and to the best of Karmax\u2019s knowledge, he ceased his conduct. This course of conduct recommenced in or about November 1994. This conduct greatly distressed the co-worker who was subject to these untruths; your client was counseled about his conduct on several occasions. Your client refused to cease and desist from his conduct. In response to this Karmax met with your client and suspended him for his actions. The actual serving of this suspension was postponed while your client\u2019s concerns dealing with a job posting issue were dealt with.\u201d<\/strong><\/span><\/p>\n

This makes no sense why would they postpone my suspension for a job posting issue? The job posting issue could be dealt with after I came back.<\/strong><\/span><\/p>\n

In their letter, they do not say anything about a\u00a0written complaint from anyone or transcripts from any investigation.<\/strong><\/span>\u00a0In a letter to me from Miss. McIntosh dated March 07, 1995, said<\/p>\n

\u201cCounsel advised that your termination resulted from harassment in the form of \u201csystematic and continuous dissemination of untruths concerning a supposed relationship between [you] and [a] co-worker.\u201d<\/strong><\/span> Karmax corporate counsel indicated that you were suspended\u00a0while the company dealt with a job posting issue<\/strong><\/span>,\u201d This is not true what they said. Was the actual serving of this suspension was postponed while your client\u2019s concerns dealing with a job posting issue were dealt with?<\/strong><\/span>\u00a0My lawyer goes on to say. The company states clearly that it had just cause to terminate you.\u00a0The \u201cseverance pay\u201d that you received should not be interpreted as an admission\u00a0of an absence of cause.\u00a0\u201cThe harassment policy defines actionable conduct (that may lead to termination on the basis of harassment) as conduct that is known or ought reasonably to be known to be unwelcome\u201d<\/strong><\/span>\u00a0She left out the word\u00a0vexatious.<\/strong><\/span> Miss. McIntosh then sent a letter back to Magna on March 23, 1995, saying.<\/p>\n

\u201cI have had an opportunity to review the contents of this correspondence with my client and have received instructions with respect to same.<\/strong> I have been instructed to request that you provide me with copies of\u00a0all written transcripts\u00a0from the\u00a0hotline investigation\u00a0in which Rhonda Finn was involved, and from which a\u00a0formal complaint arose.<\/strong><\/span>\u00a0Mr. Burgiss has instructed me to request\u00a0that the transcript from this investigation be signed by Ms. Finn as evidence of her complaint.<\/strong><\/span>\u00a0Furthermore, I have instructions to request copies of any written statements received by you being\u00a0complaints of any nature against Mr. Burgiss\u00a0that would justify termination on the basis of sexual harassment\u201d.\u00a0<\/strong><\/span>Magna did not respond back.<\/strong><\/span><\/p>\n

I had my lawyer send a letter to Rhonda Finn, Dated May 18, 1995, My Lawyer did not want Rhonda to reply because my lawyer wanted off the case.<\/strong><\/span> So she sent Rhonda a threatening letter. In the letter, she said<\/p>\n

\u201cWe have commenced an investigation with your employer as to statements made to the hotline in the investigation process at the end of last year. Your employer has been asked to provide me with the statements that you made in the investigation, and I would ask that you consider providing me with that information yourself, either in writing or telephoning me at your convenience. Please consider this to be a formal request for your co-operation in this investigation, failing which we will be required to\u00a0take further legal action to resolve this matter.\u201d\u00a0<\/strong><\/span><\/p>\n

I did not see this letter before Ms. McIntosh sent it. And at the time I did not know to not trust my Lawyer so when she told me that Rhonda did not reply I did not know why.<\/strong><\/span> I only saw the letter after my Lawyer quit my case. The letter is a threatening letter and not one I wanted to be sent to Rhonda.<\/strong><\/span><\/p>\n

When I lost the appeal at the UI hearing my Lawyer said, In latter of June 14, 1995, \u201cThe reasons for their decisions are based on the fact that Rhonda went to the employer with complaints, you did not deny this\u201d<\/span><\/strong>.<\/span>\u00a0There is no evidence of Rhonda filing complaints against me\u00a0just management of Magna saying she did.<\/strong><\/span> If she really did file complaints against me there would be w<\/strong>ritten complaints with her signature on them.<\/strong><\/span> My lawyer then goes on to say.<\/p>\n

\u201cIn my opinion, you would be throwing good money away to invest in legal fees to fight this decision. I recommend that you turn your efforts to finding new employment. If you intend to sue for wrongful dismissal in small claims court, be aware that Karmax paid you four weeks’ pay in lieu of notice which exceeds the requirements of the Employment Standards Act.<\/span> <\/strong>It appears that I am unable to assist you further and I am therefore closing this file\u201d.<\/p>\n

If Magna is making up the complaints then I can sue for\u00a0defamation and wrongful dismissal.<\/strong><\/span> In this case, Deildal v. Tod Mountain Development Ltd\u00a0the plaintiff got\u00a0$16,000:00 for defamation and $50,000:00 for general damages.<\/strong> The reason that my lawyer wants off my case is that she is afraid of hard work<\/strong><\/span>. After I got the bill from my lawyer I filed papers at the courthouse to have her bill assessed. The assessment officer then looks at the bill and the work she did to see if my Lawyer did good work for the money.<\/strong><\/span> At the hearing the assessment officer had me and Ms. McIntosh talk about the work she did. Because if you go on the record and you lose you will have to pay the lawyer for the time she was on the record. After talking about the work she did Ms. McIntosh gave me back\u00a0$250 dollars<\/strong>.<\/p>\n

I then had a paralegal file for an appeal of the UI referee\u2019s decision. To an umpire. At the umpire hearing, the umpire said\u00a0\u201cIf you do not have\u00a0t<\/span><\/strong>he woman here to testify on your behalf you are going to lose.<\/span>\u00a0<\/strong>And I lost.<\/p>\n

After Ms. McIntosh quit my case I filed a complaint against her with the Law Society of Upper Canada. I explained to them that Miss. McIntosh lied to me. And that a Lawyer cannot quit your case for the reasons she did. In the rules of professional conduct published by the Law Society of Upper Canada, it says<\/p>\n

Rule 8 1.\u00a0\u201cAlthough the client has the right to terminate the lawyer-client relationship at will,\u00a0the lawyer does not enjoy the same freedom of action.<\/strong><\/span>\u00a0Having accepted professional employment the lawyer should complete the task as ably as possible unless there is justifiable cause for terminating the relationship. 2. in all situations the lawyer who withdraws from employment should do all that can reasonably be done to facilitate the orderly transfer of the matter to the successor lawyer.\u00a0<\/strong><\/span>MANDATORY WITHDRAWAL 3.\u00a0In some circumstances, the lawyer will be under a positive duty to withdraw. The obvious case is following the discharge by the client. Other examples are (a) if the lawyer is instructed by the client to do something inconsistent with the lawyer\u2019s duty to the court and, following explanation, the client persists in such instructions; (b) if the client is guilty of dishonorable conduct in the proceedings or is taking a position solely to harass or maliciously injure another, (c) if it becomes clear that the lawyer\u2019s continued employment will lead to a breach of these Rules such as, for example, a breach of the Rule relating to conflict of interest (Rule 5); or (d) if the lawyer is not competent to handle the matter, In these situations there is a duty to inform the client that the lawyer must withdraw. 4. Situations where a lawyer would be entitled to withdraw, although not under a positive duty to do so, will as a rule only arise where there has been a serious loss of confidence between the lawyer and the client. Such a loss of confidence goes to the very basis of the relationship. Thus, the lawyer who is deceived by the client will have justifiable cause for withdrawal. Again the refusal of the client to accept and act upon the lawyer\u2019s advice on a significant point might indicate such a loss of confidence. However, the lawyer should not use the threat of withdrawal as a device to force a hasty decision by the client on a difficult question.<\/p>\n

In a letter from Trisha S. Danyluk from the law society Information Services Complaints of August 07, 1998, she said.<\/p>\n

\u201cI have reviewed the materials you have forwarded to our office and do not believe that we can assist you with this matter in the manner in which you may have hoped. The circumstances you have described would indicate that you may require a second legal opinion<\/strong><\/span> on the merits of your case. I have found no evidence from your comments or the materials you provided that would prompt an investigation into the ethics of your lawyer. While you may have disagreed with the advice you received from Ms. McIntosh, or do not believe that she protected your interests to the best of her ability<\/u>;\u00a0these are not the types of issues that fall within our jurisdiction to investigate.\u00a0<\/u><\/strong><\/p>\n

In a letter to Ms. Danyluk on August 14, 1998, I said.<\/p>\n

If lying to a client\u00a0is not professional misconduct please explain what is professional misconduct.<\/span><\/strong>\u00a0<\/span><\/p>\n

In a letter to me from Katherine Kowal Staff Lawyer dated October 22, 1998, she said.<\/p>\n

While it is regrettable that you had such a difference of opinion about the interpretation of your case, there is no evidence before me that Ms. Macintoshlied to you<\/span>, <\/strong>as you have suggested.\u00a0We therefore I will not be investigating this matter.<\/strong><\/span><\/p>\n

In a letter to Ms. Kowal of December 09, 1998, from me, I say.<\/p>\n

\u201cFor you to determine whether or not Ms. McIntosh has lied to me you must know the legal definition of misconduct and sexual harassment. In Ms. Macintosh\u2019s letter dated March 07, 1995, she said the company stated clearly that it had just cause to terminate you. Nothing in Karmax associate corporate counsel\u2019s letter of February 22, 1995, fits into the legal definition of misconduct or sexual harassment.<\/strong><\/span> So when Ms. McIntosh said the company states clearly that it had just cause to terminate you she is lying.<\/strong><\/span> In Ms. McIntosh\u2019s letter to Klaus Niemeyer dated January 25, 1995, \u201cMs. Macintosh defined harassment as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known as unwelcome. It must be ongoing and may include verbal threats, abuse, offensive sexual flirtations (not merely complaints or flirtatious comments), or sexist jokes which cause embarrassment.\u201d Again nothing in Karmax associate corporate counsel\u2019s letter of February 22, 1995,\u00a0fits into the definition that Ms. McIntosh said in her letter of January 25, 1995.\u00a0So when Ms. McIntosh said the\u00a0company states clearly that it had just cause to terminate you.<\/span> She is lying.<\/span><\/strong>\u00a0Ms. Kowal if you see anything in Karmax associate corporate counsel\u2019s letter of February 22, 1995,\u00a0that fits into any of these definitions<\/strong><\/span> please show me where you see them.<\/span>\u00a0If you do not see them then Ms. McIntosh must be lying to me.\u00a0<\/span><\/strong><\/p>\n

In a letter to me from Katherine A. Kowal, she said.<\/p>\n

I have reviewed the materials in the file in light of your continuing concerns about Ms. Macintosh\u2019s conduct. In particular, you say that she \u201clied\u201d when she told you that you were terminated from your employment \u201cfor cause\u201d. In particular, you say that your conduct did not\u00a0fit the legal definition of misconduct or sexual harassment\u00a0and you cannot understand why Ms. Macintosh gave you the advice that she did. In particular, you refer me to the letter of R. Andrew Staniusz dated February 22, 1995.\u00a0After carefully considering the materials, I must confirm my earlier opinion and that of Ms. Danyluk that the concerns you raise\u00a0fall outside of our jurisdiction.\u00a0There is no evidence before me that would call into question Ms. McIntosh\u2019s professional conduct. While you may question her professional judgment and in particular it seems you disagree with the legal position she has taken regarding your dismissal, these are not matters which the Law Society may investigate.\u00a0<\/u><\/strong>Based on the information provided to Ms. McIntosh by your former employer, and based on her legal knowledge, she apparently formed the opinion that you had been dismissed \u201cfor cause\u201d on the basis that you had harassed a co-worker. Whether or not she properly interpreted the legal definition of sexual harassment is not a question that this office may determine. <\/u><\/strong>If you believe your lawyer was negligent in representing you. Or that she made an error in judgment, then you may wish to pursue an action against her in the regular court system for professional negligence. Only a court of law may determine matters of professional negligence.<\/span> <\/strong>I regret but I must advise you that the law society\u00a0will not be taking any further action.<\/p>\n

I then sent a letter to Ms. Kowal on February 03, 1999. In it, I said.<\/p>\n

In your letter of January 14, 1999, you said. Based on the information provided to Ms. McIntosh by your former employer, and based on her legal knowledge, she apparently formed the opinion that you had been dismissed for cause. Ms. Kowal, how can you determine whether or not Ms. McIntosh formed her opinion based on her legal knowledge or whether she is lying to me if you have not sent her a letter asking for an explanation as to why she said what she sai<\/span><\/strong>d? <\/strong><\/span><\/p>\n

In a letter to me from Ms. Kowals Staff Lawyer of April 21, 1999. She said.<\/p>\n

\u201cUnless you have clear,\u00a0convincing,\u00a0and independent <\/span><\/strong>evidence<\/span> <\/strong>that would call into question Ms. McIntosh\u2019s motives in giving you the advice which she did, the law society would not be prepared to pursue an investigation. At this point, as there is no evidence before me that would suggest that Ms. McIntosh intentionally gave you bad advice, I will not be pursuing this matter further.\u201d <\/strong><\/span><\/p>\n

So t<\/strong>hen I wrote to the Treasurer of the law society. The Treasurer is the highest person in the law society.<\/p>\n

In a letter to me from Scott Kerr, he said.<\/p>\n

\u201c<\/strong>I have been asked to respond on the Treasurer\u2019s behalf. A review of our records indicates that we previously reviewed the issues you raised with respect to Ms. McIntosh and informed you of our position that no action by the society is warranted. As the information you recently provided has all been previously considered, we do not intend to take any further action.<\/strong><\/span> Any future correspondence received from you with respect to this matter will be reviewed and placed in our file but no further response from us will be forthcoming\u201d.<\/p>\n

The reason that the law society covers up complaints against lawyers is that they have cut back on investigators and the ones that are left are swamped.\u00a0Section 139(2) of the criminal code of Canada says<\/a> Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert, or defeat the course of justice is guilty of (a) an indictable offense and liable to imprisonment for a term of not more than 10 years; or (b) an offense punishable on summary conviction<\/strong><\/a>.<\/a> Complaints against Lawyers are done through the Law Society Act. So if someone tries to cover up a complaint against a lawyer they are obstructing the Law Society Act.<\/strong><\/span> And obstructing a government act is Obstructing justice.<\/strong><\/span> It is also obstruction of justice for a Lawyer to lie to the client saying that they have no case. lawsociety@lso.ca Toll-free:\u00a01-800-668-7380<\/a><\/p>\n

Update of December 06, 2020<\/span><\/p>\n

2.<\/span> I then found a second Lawyer David M. Bartkiw. I gave him one hundred dollars. Mr. Bartkiw then got me to sign a blank piece of paper which I got back from him two weeks later. He sent a letter to UI. Then he started to drag his feet with the case. I then figured out that he knew there was big money in this case. So he is dragging his feet with the case until he can get me to agree to give him a big percentage of the money. So I then fired him. He gave me back the one hundred dollars.\u00a0lawsociety@lso.ca\u00a0\u00a0Toll-free:\u00a01-800-668-7380<\/a><\/p>\n

3.<\/span> I then got a third Lawyer Denise M. J. Giroux. She said that I had no case so I asked her to put that in writing she charged me 80 dollars for that. In the writing dated March 06, 1996. she said.<\/p>\n

In my opinion, you may have a cause of action based on the argument that the employer\u2019s act of termination was too severe a response considering the seriousness of the harassment alleged. On the other hand, the employer\u2019s action was consistent with its policy and it seems you were adequately warned (verbally) prior to their implementing the full letter of the policy. (the policy states that where sexual harassment is found to exist, the employee will be provided with a written warning, and if the behavior does not end, the employee will be terminated). If you were to succeed in proving a claim for wrongful dismissal, the potential damages arising from such a claim are not, in my opinion, high enough to warrant legal action, particularly due to the short term of your employment with Magna. The four weeks\u2019 pay in lieu of notice that was paid to you is in the normal range for someone with your length of employment and responsibilities.<\/span> As a result, I would not recommend you take further action.<\/strong><\/p>\n

I then filed paperwork with the courthouse to have her bill assessed. At the assessment hearing, the assessment officer John Canning asked me how big the company that I worked for was. I told him that it was pretty big.\u00a0He then said that a company of that size would not done the thing you are saying they did.\u00a0So the lawyer is right and you lose.<\/strong>\u00a0But he did not make me pay the Lawyer for her time. Again if Magna is lying about the sexual harassment complaints then I can sue for\u00a0defamation<\/span> as well as wrongful dismissal.<\/strong>\u00a0In this case,\u00a0Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 SCR 1130<\/a>\u00a0the person got\u00a0aggravated damages of $500,000,00 and $800,000,00 in punitive damages.\u00a0lawsociety@lso.ca\u00a0Toll-free:\u00a01-800-668-7380<\/a><\/p>\n

Update of December 14, 2020\u00a0<\/span><\/p>\n

4.<\/span> I then found a fourth Lawyer Paul S. Richarz he typed up a statement of claim and filed it with the court. The defends were Magna International, Karmax Heavy Stamping, and Geoff Stanley. The statement of claim asked for General damages for defamation in the amount of $100,000,00;<\/span><\/strong> General damages for wrongful dismissal in the amount of $100,000,00;<\/span><\/strong> Special damages in the amount of $50,000,00;<\/strong><\/span> Aggravated exemplary and punitive damages in the amount of $100,000,00;<\/strong><\/span> and 12 months severance<\/strong><\/span> pre-judgment and post-judgment interest pursuant to the provisions of the courts of justice act, as amended; His cost of the action on a solicitor-and-client basis, together with applicable goods and services tax thereon in accordance with The excise tax act, R.S.C. 1985, c.E.-15. As amended; and such further and other relief as to this Honorable Court may seem just. On Oct 28, 1998, I sent a letter to Mr. Richarz in the letter I said<\/p>\n

On July 16, 1998, I sent you a letter you have not responded to my letter.<\/strong><\/span> On Sep 01, 1998, I began to call you. I have called you about 10 times you have not returned my phone calls.<\/strong><\/span> I want a response to my July 16, letter and a full update on my case. If I do not receive this information within one week I will find another attorney to take my case.<\/p>\n

I then sent him a letter on November 16, 1998, saying.<\/p>\n

I am writing to inform you that your services are no longer required.<\/strong><\/span> Please send me any final billing and my file<\/strong><\/span> so my new Attorney can start with my case.<\/p>\n

He did not send me my file. So I filed a complaint with the Law Society of Upper Canada in the complaint I told them that he would not send me my file so I could not get a new Lawyer because the new Lawyer wanted to see the file first. The Law Society then told him to send me my file. On March 31, 1999, the Law Society sent me a letter from Jan Walker it says.<\/p>\n

While I acknowledge that you continue to be unhappy with the manner in which Mr. Richarz acted,\u00a0I must confirm this file is now closed.\u00a0<\/u><\/strong>However, please be advised that the Society maintains a record of all complaints received. This record is subject to periodic review in order to determine\u00a0whether inactive files disclose a possible pattern of substandard service or<\/u> unprofessional conduct by a lawyer. <\/u><\/strong>Accordingly, the Society may reactivate previously investigated files if it appears that they form part of such a pattern.<\/p>\n

I then sent a letter to Jan Walker of the Law Society dated June 02, 1999, it said.\u00a0In your letter of March 31, 1999, you said.<\/p>\n

\u201cThis record is subject to periodic review in order to determine whether files disclose a possible pattern of substandard service or unprofessional conduct by a lawyer.\u201d The professional conduct handbook, says the lawyer\u2019s conduct should reflect credit on the legal profession, inspire the confidence, respect, and trust of clients and the community, and avoid even the appearance of impropriety. <\/u><\/strong>Rule 2 of the professional conduct handbook has a list of examples<\/strong> of unsatisfactory professional practice Example\u00a0A failure to keep the client<\/u> reasonably informed.<\/u><\/strong><\/p>\n

Example\u00a0B failure to answer<\/u> reasonable requests from the client for information.<\/u><\/strong><\/p>\n

Example\u00a0C <\/u>unexplained failure to respond to the client\u2019s telephone calls<\/strong>.\u00a0<\/u><\/p>\n

Mr. Richarz has done all of these examples and I have not received\u00a0an explanation<\/u>\u00a0or apology from him. <\/strong><\/p>\n

On Feb 06, 1997, Mr. Richarz filed a statement of claim on March 26, 1997; the defendant\u2019s counsel sent Mr. Richarz a letter asking for further information about the statement of claim. It took Mr. Richarz\u00a05 months\u00a0<\/u>to respond to the defendant’s counsel’s letter of March 26, 1997, <\/strong>In Mr. Richarz\u2019s letter of August 19, 1997,\u00a0to the defendant\u2019s counsel he said he would be in touch with the amended claim. <\/strong>It then took Mr. Richarz 7<\/span>\u00a0<\/strong>months <\/u><\/strong>to send the defendant’s counsel a copy of the amended statement of claim and his letter of March 12, 1998, The defendant\u2019s counsel. Then sent Mr. Richarz a letter of April 17, 1998, saying that they will consent to the amendments, Once the amended statement of claim has been filed with the court, we will provide you with our amended statement of defense in due course. On January 05, 1999, I got my file from Mr. Richarz he still had not filed the amended statement of claim. <\/strong><\/span>These delays in my case and the other complaints I have against Mr. Richarz do show a pattern of substandard service and unprofessional conduct by a lawyer. <\/strong>She did not respond back.<\/p>\n

I then sent a letter to the head of the complaints department telling them what Jan Walker had said about there having to be a\u00a0pattern of substandard service or unprofessional conduct.\u00a0<\/u><\/strong>They did not respond back.<\/p>\n

I then sent a letter to the Treasurer of the law society dated Jan 27, 2000, the treasurer is the top person at the law society in the letter I talked about Jan Walker saying things about there having to be a\u00a0pattern of substandard service or unprofessional conduct.<\/u><\/strong>\u00a0In a letter from Richard Tinsley of March 02, 2000, He said.\u00a0This will acknowledge receipt of your letter dated January\u00a0 27, 2000, to the Treasurer. Your letter has been referred to me for a response. I have reviewed your file and note that Ms. Walker had advised you on August 10, 1999, that a copy of your letter had been forwarded to Mr. Richarz for his response\u00a0 Mr. Richarz responded to the law society by letter dated September 29, 1999, I have requested Ms. Walker provide you with Mr. Richarz response. <\/span><\/strong>Once you have reviewed Mr. Richarz\u2019s letter, Ms. Walker would welcome your additional comments. If at the conclusion of Ms. Walker\u2019s investigation, you disagree with her findings, you may request that the file be reviewed by a Complaints Review Commissioner. Complaint review Commissioners are lay Benchers who are appointed by the Ontario Government. After reviewing the file and meeting with you, the Commissioner may decide that Ms. Walker\u2019s decision is appropriate, at which time the file would be closed. The Commissioner, however, may decide to send the file for further investigation, <\/strong>after which a decision would be made to close the file or to initiate disciplinary proceedings against the Members. <\/strong>I then sent a letter to the treasurer of the Law Society dated March 22, 2000, saying In my letter of Jan 27, 2000, RE: letter from Richard Tinsley of March 02, 2000, I complain about Ms. Walker lying to me. However, Mr. Tinsley has not addressed this issue<\/span>. <\/strong>In a letter from Richard Tinsley dated April 03, 2000, He said.<\/p>\n

This will acknowledge receipt of your letter dated March 22, 2000, to the Treasurer who has asked me to reply. Your letter of March 22, 2000, states that Ms. Walker has not returned your telephone calls. Your letter of November 12, 1999, and December 02, 1999. By way of explanation, the complaints department, which originally had carriage of this matter, was dismantled in June 1999; your file was then transferred to another department, the Resolution and Compliance. It appears that the delays caused as a result of our restructuring were not explained to you. <\/strong>I apologize for our oversight. Since you have made serious allegations against Ms. Walker, your file has been transferred to Louis Bourgon, Resolution and Compliance Officer. I then got a letter from Louis Bourgon dated August 31, 2000, saying. \u201cI have now had an opportunity to review your letters to the Society and Mr. Richarz\u2019s response to your complaint including his letter dated August 11, 2000, which I enclose for reference. I believe that I am now in a position to report my findings to you. Your complaint, as I understand it, can be summarized as follows:<\/p>\n

1. Mr. Richarz did not respond to several of your written communications. <\/strong><\/p>\n

2. Mr. Richar<\/u>z<\/u> retained your file after you terminated him.<\/u> <\/strong><\/p>\n

3. Your file was missing several letters:\u00a0 <\/strong><\/p>\n

Mr. Richarz\u2019s letter of November 18, 1996, to opposing Counsel II Mr. Richarz\u2019s letter of March 12, 1998, to opposing Counsel III Mr. Richarz\u2019s response to opposing counsel\u2019s letter of March 26, 1997, 4. Mr. Richarz intentionally delayed in moving your matter forward.<\/u><\/strong> In your complaint to the Society, you state that Mr. Richarz did not respond to your letters of July 16, 1998. October 28, 1998, and November 16, 1998. <\/strong>As you can see from Mr. Richarz\u2019s response, the member states that for the greater part of your solicitor-client relationship both you and he chose to communicate by telephone. <\/u><\/strong>Mr. Richarz says that over time your relationship deteriorated and for a variety of reasons he had difficulty in reaching you by telephone and in leaving messages on your answering machine. Your point that\u00a0Mr. Richarz could have responded in writing to the letters you sent him is well taken.<\/u>\u00a0Therefore, it is my intention to caution the member on this issue to ensure he does not repeat such behavior in the future. <\/strong>Having said that, Mr. Richarz alleges that you left him threatening messages on his answering machine and that overall he felt intimidated by your demeanor. <\/strong>In my view, this could explain the breakdown in communication between you and your lawyer.<\/p>\n

2.\u00a0Mr. Richarz retained your file after you terminated him.\u00a0<\/u><\/strong>My review of your file indicates that\u00a0Jan Walker assisted you in having your file returned to you on January 12, 1999.<\/u>\u00a0<\/strong><\/p>\n

3.\u00a0Your file was missing several letters;\u00a0 <\/u><\/strong><\/p>\n

In Mr. Richarz\u2019s letter of November 18, 1996, to opposing counsel II Mr. Richarz\u2019s letter of March 12, 1998, to opposing counsel III Mr. Richarz\u2019s response to opposing counsel\u2019s letter of March 26, 1997. <\/strong>My review of your file indicates that Mr. Richarz provided you with the above-noted correspondence on March 15, 1999, 4.\u00a0Mr. Richarz intentionally delayed in moving your matter forward. <\/u><\/strong>In your complaint, you state that\u00a0Mr. Richarz intentionally delayed in moving your matter forward.<\/u> You complain that it took approximately five months for your lawyer to respond to opposing counsel\u2019s letter of March 26, 1997, <\/strong>requesting additional particulars about your statement of Claim. <\/strong>In addition, you are displeased that it took your lawyer seven months to send opposing counsel a draft copy of your amended statement of Claim for their consent. <\/strong>Finally, upon retrieving your file from Mr. Richarz in January 1999, you were upset to learn that he had not filed your amended statement of Claim. <\/strong>In his response to the society, Mr. Richarz denies having intentionally delayed the handling of your file. The member states that part of the reason your matter did not move forward more quickly was due to the legal work required to determine whether an amendment to your claim was necessary.<\/u><\/strong>The member also cites the communication problems which I have referred to earlier in my letter. In addition, the member maintains that your case involved very serious allegations that would be difficult to prove given the available facts. Therefore, your lawyer requested that you provide him with a substantial retainer which<\/u><\/strong>\u00a0you were unable or unwilling to do. Accordingly, your lawyer informed you that he would cease work on your file without a further retainer. There was nothing improper in Mr. Richarz\u2019s request for a substantial retainer if, in his professional opinion, he believes that you had a difficult case to prove but that, notwithstanding this, you were instructing him to move forward with litigation. <\/strong>It is common practice for lawyers to request large retainers from clients when they believe that a case will be problematic. Conclusion While it is unfortunate that you were displeased with Mr. Richarz\u2019s behavior during his handling of your matter. I do not believe that the circumstances described are sufficient to warrant formal disciplinary<\/span> action. <\/strong>Mr. Richarz\u2019s failure to respond to your letters has been duly noted. Please be advised that the Law Society keeps a record of all complaints received against its members. Your complaint will form part of Mr. Richarz\u2019s record. <\/u><\/strong>That being said, in order for the law society to consider disciplinary proceedings in a case like this,\u00a0we would require several complaints. <\/u><\/strong>In the event of such an occurrence, this matter may be re-opened. At this time, however,\u00a0I must advise you that your file is closed. <\/u><\/strong>If you disagree with my decision to close this file, you have the right to attend before a Complaints Review Commissioner at the Law Society to discuss the opinion set out in this letter.\u00a0<\/strong>I then sent a letter to Louis Bourgon dated March 16, 2001, saying.<\/p>\n

In a letter from the defendant\u2019s counsel Mr. R. Andrew Stanuisz of March 26, 1997, says please be advised that Karmax Heavy Stamping is not a legal entity. <\/strong>Why was Mr. Richarz not asked why he did not know that Karmax was not a legal entity when he did the statement of claim the first time <\/u><\/strong>and why he believes that Karmax was a legal entity in the beginning <\/u><\/strong>w<\/u>hen it is clear that Karmax is not a legal entity because it does not have INC on the end of it. In my letters, I complain about Mr. Richarz intentionally delaying my case. In Mr. Richarz\u2019s letters of September 29, 1999, and August 11, 2000, he says part of the delay was caused by the necessary legal work required to ascertain whether or not an amendment to the claim was necessary. What legal work was required to ascertain whether or not an amendment to the claim was necessary that took so long? <\/u><\/strong>All Mr. Richarz had to do was find out if Karmax was a legal entity. <\/strong>In a letter from Mr. Cado of January 27, 2000, he said Mr. Bourgon would write to the member and request he provides the dates that he attempted to contact you to discuss your matter particularly, the amendment to the statement of claim, request for additional retainers,\u00a0<\/u><\/strong>and to respond to your letters dated July 16, 1998, October 28, 1998, November 16, 1998, and January 14, 1999. Mr. Bourgon will advise you upon receipt of a response. In Mr. Richarz\u2019s letter of August 11, 2000, he does not give these dates.\u00a0<\/u><\/strong>In the termination letter of December 12, 1994, it says the reason for our decision is that our own investigation and that of the Magna<\/u>\u00a0Hotline <\/strong>has indicated that you have been harassing a female employee. But in the amended statement of claim, Mr. Richarz took\u00a0Magna International INC<\/u>\u00a0out as a defendant.\u00a0<\/strong>I then sent a letter to the Treasurer of the law society saying.<\/p>\n

I am writing to you to have my complaints against\u00a0Victoria McIntosh (file 000895)<\/u><\/strong> and Shawn Richarz (file 98-3865) reviewed by laybenchers of the Law Society because I do not agree with the decision to close the files. I then got a letter from Audrey D. Cado\u2019s team Leader Complaints Resolution dated December 27, 2001, saying.<\/p>\n

Only your complaint against Paul Shawn Richarz, being file 98-3865,<\/strong><\/span> will be forwarded to the Complaints Review Commissioner, Your complaint against Victoria McIntosh, being file 000895, will not be reviewed as the law Society was advised you on numerous occasions that the law society has no reason to investigate the conduct or ethics of Ms. McIntosh.<\/u><\/strong>By letter dated November 13, 2000, Mr. Kerr, Manager of Advisory and Compliance Services, advised you that all the information you previously provided had been considered and the Law Society did not intend to take any further action. He further advised that any future correspondence received from you would be reviewed and placed in the file,\u00a0<\/u>and no further response would be forthcoming from the Law Society. <\/u><\/strong>Therefore, your request to have file 00-0895 reviewed by the Complaints Review Commissioner cannot be complied with. <\/u><\/strong>I then got a letter from Abdul A. Chahdar Complaints Review Commissioner dated June 14, 2002, Saying.<\/p>\n

I have now completed my review of your Complaint to the Law Society concerning Paul Shawn Richarz. After reading over the material and hearing what you had to say. I have come to the conclusion that the evidence does not\u00a0<\/u>support a charge of professional misconduct on the part of the solicitor in question.\u00a0<\/span><\/strong>I then filed to have an assessment done on Mr. Richarz\u2019s bill. In the bill, it says that I owe him $1,801. At the assessment hearing, the assessment officer had me and Mr. Richarz talk about his bill. And then he said that he would give me $50:00 dollars. I then said make it $100;00 dollars. Because it costs $50:00 dollars to file for the assessment hearing. So he let the $1,801 slide and gave me $100;00 dollars. The reason he did this is that he did not want to go on the record and try to answer my questions about his work and the questions the Law Society did not ask him. If he could not answer my questions then I could have gone to the police and have him charged with obstruction of justice.<\/strong><\/span> The reason that my Lawyer was delaying my case is that he is waiting untill he can get me to agree to give him a big percentage. lawsociety@lso.ca Toll-free:\u00a01-800-668-7380<\/a><\/p>\n

Update of December 19, 2020<\/span><\/p>\n

5.<\/span> In May 1998 I got into a fight at the gym that I go to. After the fight, I went to the police the police gave me the phone number for the Justice of the Peace. I told the JP that when I was in the change room this guy that I used to rent a room from came in and said. Hi Bob and I ignored him. He then says what you can\u2019t even say hi. I then told him to fuck off. I said you are just a big liar anyway. He said to me if you go around telling people I\u2019m a liar I\u2019m going to beat the shit out of you.<\/span><\/strong> I then stood up and started pushing him back, onto the bench. He said Bob take it easy. I back off then. And then when he stood up again he started arguing and I said to him. \u201cAre you threatening me\u201d and then he said \u201cBob\u201d take it easy\u201d there are kids coming downstairs\u201d So we walked away from each other and when I was bending over putting stuff in my gym bag he started hitting me on top of my head and I grabbed his legs, pushed him down to the ground. He put me in a headlock. I got out of that and I just up and walked away. Backed off from him.\u00a0 The justice of the peace Ms. J Jukes said you made the first contact with him. Unfortunately, Mr. Burgiss that is the dilemma that you made the first physical contact and so technically you commit the first assault.<\/span><\/strong> I then said but is pushing him assault. Ms. Jukes said yes it is. I then said even though he\u2019s in my face saying I\u2019ll beat the shit out of you\u201d<\/span><\/strong> Ms. Jukes then said I mean if I brush up against you because we\u2019re both trying to step out the door at the same time, that\u2019s different, that\u2019s an unintentional contact. But if in a dispute or in anger we make contact with someone. if we even raise our hand and don\u2019t actually make contact \u2013 if we raise our hand as though we\u2019re going to, it is an\u00a0assault.<\/u><\/strong>\u00a0I can\u2019t put this before the courts because of that. The assault is initiated by you. I then said\u00a0I was putting stuff in my gym bag. I was not a threat to him.<\/u><\/strong> So he has no right to assault me. Ms. Jukes then said but it\u2019s one ongoing event<\/span><\/strong>, isn\u2019t it? But this stays on file and there\u2019s a court record that never goes away.<\/strong>\u00a0Section 34 of the criminal code of Canada<\/a> says34 (1) A person is not guilty of an offense if (a) they believe on reasonable grounds that\u00a0force is being used against them<\/u><\/strong>or another person\u00a0or that a threat of force is being made against them<\/u><\/strong>or another person; (b) the act that constitutes the offense is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force, and (c) the act committed is reasonable in the circumstances. (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant c<\/strong>ircumstances of the person, the other parties, and the act, including, but not limited to, the following factors: (a) the nature of the force or threat; (b) the extent to which\u00a0the use of force was imminent<\/span>\u00a0and whether there were other means available to respond to the potential use of force;<\/span>\u00a0<\/strong>I then said. So when he says to me,\u201d You go around telling people I\u2019m a liar I\u2019m going to beat the shit out of you\u201d is that threatening.<\/u><\/strong>\u00a0Ms. Jukes then said\u00a0I can\u2019t say.<\/u><\/strong>\u00a0I can\u2019t tell you that. I have to deal with what I have in front of me and that\u2019s this, just this, unfortunately, can\u2019t go anywhere.\u00a0The criminal code of Canada section 264.1<\/strong>(1)\u00a0<\/strong><\/a>Every one commits an offense who, in any manner, knowingly utters, conveys or causes any person to receive a threat\u00a0(a) to cause death or\u00a0bodily harm <\/u><\/strong>to any person; (b)\u00a0to burn, destroy or damage real or personal property; or (c)\u00a0to kill, poison or injure an animal or bird that is the property of any person.\u00a0<\/strong>I then ordered transcripts of the hearing with Ms. Jukes Justice of the Peace. I then went to the police to see about having Ms. Jukes charged with obstruction of justice. The officer I talked to (badge # 373) read the transcripts and said the justice of the peace was right because the assault would be hard to prove.<\/strong><\/span> I then interrupted him and said that\u2019s not the reason that she would not put it through to the court. The officer then pointed his finger at me and told me to shut up. After arguing with the officer for several minutes, he told me to go to the officer who took the original charge and ask their Supervisor about it. The officer also told me to get out of the police station. The criminal code of Canada section 139(2)<\/a> Every person who intentionally\u00a0attempts\u00a0<\/u><\/strong>in any manner other than a manner described in subsection (1) to obstruct,<\/span> <\/strong>pervert, or defeat the course of justice.<\/strong><\/span> Ms. Jukes clearly tried to obstruct justice. Even if the assault is hard to prove. I then filed a complaint against the officer with the Ontario Civilian Commission on police services (OCCOPS) they sent my complaint to the Hamilton police professional standards branch. I then got a letter from Michael Campbell Staff sergeant Professional tandards Branch dated March 24, 1999, In his letter, he said<\/p>\n

Pursuant to section 59(3) of the police services act, I will take no further action on your complaint because it is insufficient on its face. For your information, a conduct investigation must show with clear and convincing evidence that an officer breached a standard of professional conduct as contained in the Code of Conduct of the police services act. In reading your complaint I cannot determine what happened with enough detail to identify misconduct. Further, I would advise you that while a justice of the peace is obliged by law to accept your information,\u00a0there is no provision in the law that requires that the justice of the peace issue process in any matter<\/u>.\u00a0<\/strong>This is not true like the police a JP must issue process if there is enough evidence for the charges. If the JP does not have to issue process and does not have to explain her decision then what would stop the JP from taking a bribe to not issue process?<\/strong><\/span> In this case R.\u00a0v.<\/em>\u00a0Beaudry,<\/a>\u00a0the supreme court of Canada said.<\/p>\n

A police officer who has reasonable grounds to believe that an offense has been committed, or that a more thorough investigation might produce evidence that could form the basis of a criminal charge, may exercise his or her discretion to decide not to engage the judicial process.\u00a0 But this discretion is\u00a0not absolute<\/u>.\u00a0 <\/strong>The exercise of the discretion must be justified subjectively, that is, the discretion must have been exercised honestly and transparently, and on the basis of valid <\/u><\/strong>and reasonable grounds<\/u>;\u00a0<\/strong>it must also be justified on the basis of objective factors.\u00a0 In determining whether a decision resulting from an exercise of police discretion is proper, it is therefore important to consider the material circumstances in which the discretion was exercised.\u00a0 The justification offered must be proportionate to the seriousness of the conduct and it must be clear that the discretion was exercised in the public interest.<\/u><\/strong>\u00a0Mr. Campbell went on to say I am prepared to re-examine this decision if you are able to provide enough details to provide a complete story of the events. I then sent him a letter dated April 11, 1999, saying<\/p>\n

My complaint is against the officer at the front desk. I have included copies of the transcripts of the interview with the JP with this letter. The officer at the desk said that the JP was right because it would be hard to prove it. Even if this is true what the JP did is still obstruction of justice. I then got a letter from Mr. Campbell dated May 25, 1999, saying.<\/p>\n

Notwithstanding the responses which you gave to the questions raised in my letter of the 24 of March 1999, I still cannot find any evidence of misconduct. I have reviewed the evidence of the transcript which you submitted and I must agree with the officer\u2019s opinion. In my view, your interpretation of the law in these circumstances is flawed.\u00a0<\/u><\/strong>I then appealed his decision to OCCOPS. They then sent me a letter dated October 07, 1999, from Demetrios Skillaris, saying.<\/p>\n

The panel is satisfied the Hamilton-Wentworth Regional Police Services decision is appropriate considering the findings in its investigation. The decision of the Ontario Civilian Commission on Police Services is to confirm the decision of the Hamilton police. <\/strong><\/span>I then sent a letter to OCCOPS asking for an explanation as to the decision of OCCOPS. But I never got one. I then sent a letter to Mr. Campbell asking how my interpretation of the law in these circumstances is flawed.<\/u><\/strong> He then sent me a letter saying\u00a0Recently, you have sent me a letter requesting an explanation for one of my past decisions. Within a few days of receipt of your letter. I received notice that you had filed a public complaint against me. I will therefore not be responding to your letter or any telephone messages. I note that you allege that I am lying or incompetent so\u00a0I would question what purpose could be served in asking me for advice or an opinion.\u00a0<\/u><\/strong>Section 139 (2) of the criminal code of Canada<\/a>\u00a0says\u00a0Every person who intentionally attempts<\/strong><\/span> in any manner other than a manner described in subsection (1) to obstruct,<\/span> <\/strong>pervert, or defeat the course of justice<\/span> <\/strong>is guilty of (a) an indictable offense and liable to imprisonment for a term of not more than 10 years; or (b) an offense punishable on summary conviction. Complaints against police are done through the police services act so if someone tries to cover up a complaint against a police officer\u00a0they are obstructing the police services act. And obstructing a Government act is <\/u>Obstructing justice.<\/u><\/strong> I then filed a complaint against Michael Campbell for covering up my complaint. I then got a letter from Inspector Ken Leendertse dated November 08, 1999, saying.<\/p>\n

I will not take further action on your complaint because it is insufficient on its face.<\/strong><\/span> For your information, a conduct investigation must show with clear and convincing evidence that an officer breached a standard of professional conduct as contained in the Code of Conduct of the police service act. In reading your complaint I cannot determine what S\/Sgt. Campbell did wrong with sufficient detail to make such a determination.<\/span> <\/strong>I am prepared to re-examine this decision if you are able to provide enough details to provide a complete story of the officer\u2019s actions which constitute misconduct in your view. For example. I) What evidence is there that S\/Sgt. Campbell is lying?<\/span> <\/strong>(As opposed to making his best judgment and acting in good faith)\u00a0I then sent a letter to Mr. Leendertse Dated November 23, 1999, Saying<\/p>\n

In the transcripts Ms. Jukes said. That you made the first physical contact and so technically you commit the first assault. The law says that I have a legal right to use a reasonable amount of force to defend myself. Under the circumstances pushing Mr. Kennedy away when he is in my face threatening to beat the shit out of me is using a reasonable amount of force. When Mr. Kennedy began to hit me I was bending over putting stuff in my gym bag. I was not threatening him. He was in no immediate danger from me. <\/u><\/strong>So he has no legal justification for assaulting me. Ms. Jukes said. But if in a dispute or in anger we make contact with someone, if we even raise our hand and don\u2019t actually make contact if we raise our hand as though we\u2019re going to, it is an assault. If this is true when Mr. Kennedy is in my face threatening to beat the shit out of me this is assault. When I asked Ms. Jukes if what Mr. Kennedy said to me is threatening she said I can\u2019t say<\/span>. <\/strong>If\u00a0 Ms. Jukes knows enough about the law to say what is or is not assault then she knows enough about the law to say if what Mr. Kennedy said to me is threatening.<\/span> <\/strong>The officer at the central police station read the transcripts and said that the JP was right because it would be hard to prove it. Even if it is hard to prove the assault charge what Ms. Jukes did is still obstruction of justice because the criminal code says that any attempt to obstruct justice<\/u>\u00a0is a crime.<\/span> <\/strong>It does not say that a person has to successfully obstruct justice<\/u>\u00a0for it to be a crime.<\/span> <\/strong>When the officer at the central station said that the JP was right because it would be hard to prove it. He was lying or is incompetent. Either one of these things is misconduct. When Mr. Campbell said, I must agree with the officer\u2019s opinion. In my view, your interpretation of the law in these circumstances is flawed. He is lying or is incompetent either one of these things is misconduct.\u00a0<\/strong>I then got a letter from Mr. Leendertse dated Feb 22, 2000.<\/p>\n

I am unsure what your allegations are. The reason is that you have sent our police service numerous letters all involving allegations that our officers are lying or are incompetent. Several of these issues have already been classified and found to be frivolous. I personally have sent you several letters concerning your complaints. In one matter you complained about the JP Madam Jukes and wanted the matter investigated as an obstruction of justice because she refused to take your complaint. If this is your complaint, then your matter is best dealt with by the\u00a0<\/u>senior justice of the peace. <\/u><\/strong>The fact that the officer refused to take a report because a JP disagreed with you is not an obstruction of justice. To clarify what your issues are, I will not be responding to issues that I have already dealt with. If you feel that matters of Nov 9 and 24 are still outstanding, I would ask you to re-specify these issues in a new letter being specific of what your complaint is and what evidence you have to support it. Your opinion that an officer is lying or incompetent is only your opinion <\/u><\/strong>unless\u00a0substantiated with facts.\u00a0 If these issues are new and have not been previously addressed. I ask you to resubmit them. Unfortunately, some of the many letters you have sent this police service do not classify a complaint, rather an opinion or editorial. <\/u><\/strong>If you have something legitimately complain about, please write it down. I then sent a letter to Mr. Leendertse dated March\u00a0 08, 2000, saying.<\/p>\n

If my interpretation of the law is flawed then please explain now my interpretation is flawed.<\/u><\/strong>\u00a0I then got a letter from William Stewart saying\u00a0It is not the purpose of the public complaint process to provide you with instruction on the law, or legal advice.\u00a0<\/u><\/strong>I then appealed the decision of Ken Leendertse to the OCCOPS in a letter from Sheila Cuthbertson of OCCOPS\u00a0Be advised that the police services act provides that a request for a review must be received by the Commission within 30 days of the complainant having received the decision from the police service. I note that the date on the decision letter addressed to you by inspector Leendertse is Nov 08, 1999. Unless proof to the contrary is provided, the police services act deems you to have received that letter by Nov 13, 1999. Accordingly, your request for a review is, on its face, late. The Commission has no jurisdiction with which to conduct a review when the initiating request is late. Accordingly, unless you are able to provide proof that you received the decision letter from the Hamilton police later than Nov 13, 1999, <\/u><\/strong>the Commission will not be able to accede to your request.\u00a0I then sent a letter to her saying\u00a0I believe that I received Mr. Leendertse’s letter on about the 15, of Nov 1999, In your letter of January 17, 2000, you said. Unless proof to the contrary is provided, the police services act deems you to have received that letter by Nov 13, 1999. <\/u>Nov 13, 1999, is a Saturday, and Canada Post does not deliver on a Saturdays so your Nov 13, 1999, date should be Nov 15, 1999, which is the date of my letter of appeal.<\/span> <\/strong>So my letter of appeal is not late. I also called Canada Post they said that the letter could have taken a week to arrive.<\/span> So again my letter of appeal is not late.\u00a0<\/span><\/strong>I then got a letter from Sheila Cuthbertson dated Feb 24, 2000. Saying.<\/p>\n

I am in receipt of your letter dated Feb 10, 2000, wherein you submit that your request for review dated Dec 15, 1999, is not late. I have taken your correspondence to the Commission which has determined that your request for review is time-barred. Notwithstanding the fact that you state, you received the decision letter of Inspector K. Leendertse on Nov 15, 1999; your request for review did not reach the Commission offices until Dec 17, 1999. As I stated in my last correspondence, the Commission has no jurisdiction with which to extend the 30-day period, and accordingly, we cannot process your request for review. <\/strong><\/span>I then filed a complaint against Inspector Kenneth Leendertse with the OCCOPS I also sent the same complaint letter to the chief of Hamilton police I then got a letter from Bill Stewart Executive Officer for the Chief of Police dated May 26, 2000. he said.<\/p>\n

I acknowledge receipt of your letter of April 25, 2000, which I find to be vexatious, non-specific, and without merit.<\/u><\/strong>In reviewing the numerous letters that you have sent this police service, it is evident that you are perpetuating your original complaint by claiming misconduct by any officer with whom you have contact. <\/u><\/strong>You have made allegations of lying and incompetence by officers including S\/Sgt. Campbell and Inspector Leendertse, simply because they do not agree with your opinion. As outlined in my letter of April 10, 2000, your allegations have been previously investigated or responded to by our service. The police service will not be taking any further action on any future correspondence respecting this issue.\u00a0<\/u><\/strong>I then received a letter from Sheila Cuthbertson dated May 15, 2000. Saying.<\/p>\n

I am in receipt of your correspondence wherein you make a complaint about the actions of inspector K. Leendertse of the Hamilton-Wentworth police service who responded to a complaint you had made about the actions of Staff Sergeant M. Campbell, also of the Hamilton police. I have taken your complaint before the Commission which has determined that it will not forward your complaint to the service. Nor will it direct Hamilton Wentworth Regional police to investigate.\u00a0<\/u><\/strong>Be advised that the Commission will not accept complaints about public complaint decision makers merely because the complainant disagrees with that decision maker\u2019s decision<\/u>.\u00a0<\/strong>I then appealed Mr. Leendertse\u2019s decision to the OCCOPS. They did not respond back. I then filed a complaint against Bill Stewart and sent the same letter to the chief of Hamilton police. But did not hear back from them. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

Update of December 26, 2020<\/span><\/p>\n

6.<\/span> In March or the beginning of April 1999 I went to the mountain police station to see about having charges filed against a Justice of the peace. There was a girl at the front desk who was talking to the officer about a history of problems with her neighbor and that recently somebody threw something at her house from a car that looked like a car that a friend of the neighbor has. The officer wrote up a report about this then the girl asked the officer what happens now the officer said you have no suspects so we will just file the complaint. I then went home and filed a complaint against the officer in my complaint letter dated August 03, 1999, it says My complaint is that I feel that the officer is wrong for just filling the complaint and that the neighbor should have been questioned to see what kind of cars their friends drive<\/span>.\u00a0<\/strong>I then got a letter from Michael Campbell Staff Sergeant professional standards branch of August 11, 1999, saying. For your information, a public complaint must normally meet specific requirements contained within the police services act. I find that you are not directly<\/span> affected by<\/u><\/strong>\u00a0the circumstances contained within your complaint. Pursuant to section 59 (4) of the police\u00a0services <\/a><\/strong>act therefore\u00a0I will not take further action on your complaint. I would hasten to add that my classification in these matters is a judgment made solely on the basis of your allegation. My classification is not meant to be a determination as to the likelihood of the officer having committed the misconduct. I would be prepared to re-examine this decision in the event that you have any further evidence or submissions to make in this regard.\u00a0I then sent a letter to Mr. Campbell dated August 27, 1999, saying.\u00a0My letter of August 03, 1999, shows that the officer is lying.<\/strong><\/span> Because of this, I do not now trust police officers.<\/strong><\/span> This is a direct effect <\/u><\/strong>of the conduct of the officer on that day. What the officer did on that day is possible obstruction of justice. Why is the Chief of police not launching a criminal investigation into this matter? It is clear that the officer did not do a proper investigation into the complaint from the girl. Why is the chief of police not assigning a new officer to the case so a proper investigation can be done? I then got a letter from Mr. Campbell dated Sep 09, 1999, saying.<\/p>\n

The classification letter dated 11, of August, is not meant to advise you of what actions has been taken or will be taken with respect to the actions of the officer involved in this incident. Nor is this letter intended to defend the officer in question or indicate that either the Chief of police or myself is in agreement with the manner in which this citizen was provided services. Such a decision is made after an investigation of the circumstances. The letter was meant to make a determination as to your status as a public complainant in this matter. In the event that you had been granted the status of a public complaint then a series of legal rights and obligations would have flowed from this decision. It is my determination that I could not grant you the status of a public complainant because you were not directly<\/span> involved in<\/u><\/strong> this incident. Your letter of the 27, of August, did not provide any evidence to the contrary on the issue of your direct\u00a0involvement.\u00a0<\/u><\/strong><\/p>\n

I then sent a letter back to Mr. Campbell dated Sep 24, 1999, saying.<\/p>\n

In my letter of August 27, 1999, I asked you two questions. But in your letter of Sep 09, 1999, you did not answer my questions. I see no reason why you cannot answer my questions. In your letter of Sep 09, 1999, you said. Nor is this letter intended to defend the officer in question or indicate the either the Chief of Police or myself is in agreement with the manner in which this citizen was provided services. Such a decision is made after an investigation of the circumstances. Does this mean that an investigation is being done into the circumstances or that there is no investigation being done? If not why not? In your letter of Sep 09, 1999, you also said. It was my determination that I could not grant you the status of a public complainant because you were not directly involved in<\/u><\/strong> this incident. Your letter of 27, of August, did not provide any evidence to the contrary on the issue of your direct<\/span>\u00a0in<\/strong>volvement. <\/u><\/strong>Mr. Campbell the police services act does not say that a person has to be directly<\/span> involved in<\/strong><\/u><\/strong>\u00a0an incident to file a public complaint. It says that a person has to be\u00a0directly affected <\/u><\/strong>by the incident to file a public complaint. Even if my complaint does not fit into the definition of a public complaint this does not stop the Chief of Police from launching a criminal investigation against the officer for obstruction of justice. Nor does it stop the Chief of police from assigning a new officer to the case so a proper investigation can be done into the girl\u2019s complaint. I then got a letter from Mr. Campbell dated Nov 08, 1999, saying.<\/p>\n

I acknowledge receipt of your letter of Sep 24, 1999, I understand that you have contacted my office and requested my response to this letter. I will not be responding to the letter of 24, of Sep. I forwarded a copy of your letter to the Ontario Civilian Commission of police services, as it possibly relates to their review 99-COM-0315. I then sent a letter to Mr. Campbell dated Jan 27, 2000, saying\u00a0I am writing to ask for an explanation of your decisions in your letter of Aug 11, 1999, and Sep 09, 1999.<\/span>\u00a0<\/strong>He did not reply.<\/p>\n

I then filed an appeal with the OCCOPS dated Sep 13, 1999, saying.<\/p>\n

My letter of Aug 03, 1999, clearly shows that the officer is lying. Because of this, I do not trust police officers. This is a direct\u00a0<\/u>effect<\/u>\u00a0o<\/strong>f the conduct of the officer on that day. I then got a letter from Christine Zabielski of OCCOPS dated Dec 06, 1999, saying. The panel is satisfied that the decision reached in this case is appropriate.<\/span> <\/strong>The Commission has confirmed the decision of the Hamilton-Wentworth Regional police service<\/span> <\/strong>in this matter and, therefore, we are closing our file.<\/strong><\/span>\u00a0I then sent a letter to the commission dated Feb 08, 2000, saying.<\/p>\n

I am writing to ask for an explanation of the decision of the commission in the letter of Dec 06, 1999. Because the decision makes no sense to me.<\/span>\u00a0<\/strong>They did not respond back.<\/strong><\/span> I then filed a complaint against Mr. Campbell dated Jan 27, 2000, saying.<\/p>\n

My name is Robert Burgiss on August 03, 1999; I filed a complaint with the OCCOPS. I then received a letter from Mr. Campbell of August 11, 1999, in his letter he said.<\/p>\n

I find that you are not directly<\/span> affected <\/u><\/strong>by\u00a0the circumstances contained within your complaint. Pursuant to section 59 (4) of the police services act. Therefore I will not take further action on your complaint. He also said. I would be prepared to re-examine this decision in the event that you have any further evidence or submissions to make in this regard. I then sent him a letter on August 27, 1999, this letter clearly shows that I was directly affected <\/u><\/b>by\u00a0the conduct of the officer. It also shows that the officer has possibly obstructed justice and that there should be a new officer assigned to the case so a proper investigation can be done. But Mr. Campbell is ignoring these facts. In Mr. Campbell\u2019s letter of Sept 09, 1999, he said.<\/p>\n

It was my determination that I could not grant you the status of a public complaint because you were not directly involved in<\/u><\/b> this incident. Your letter of the 27 of August did not provide any evidence to the contrary on the issue of your direct<\/span> involvement.\u00a0<\/u><\/strong>The police services act does not say that a person has to be directly involved<\/u>\u00a0i<\/strong>n an incident to file a public complaint. It says that a person has to be directly<\/span> affected <\/u><\/strong>by the incident to file a public complaint. Again my letter of August 27, 1999, clearly shows that I was directly affected <\/u><\/b>by\u00a0the conduct of the officer. But in Mr. Campbell\u2019s letter of Sept 09, 1999, he again is ignoring these facts. In my letter of August 27, 1999, I said.<\/p>\n

What the officer did on that day is possible obstruction of justice. Why is the Chief of police not launching a criminal investigation into this matter? In Mr. Campbell\u2019s letter of Sept 09, 1999, he said. The classification letter dated the 11 of August is not meant to advise you of what action has been taken or will be taken with respect to the actions of the officer involved in this incident. Nor is this letter intended to defend the officer in question or indicate that either the Chief of Police or myself is in agreement with the manner in which this citizen was provided service. Such a decision is made after an investigation of the circumstances. In my letter of Sep 24, 1999, I said.<\/p>\n

In my letter of August 27, 1999, I asked you two questions. But in your letter of Sep 09, 1999, you did not answer my questions. I see no reason why you cannot answer my questions.<\/strong><\/span> In Mr. Campbell\u2019s letter of Nov 08, 1999, he said.<\/p>\n

I will not be responding to your letter of the 24 of Sep. I forwarded a copy of your letter to the OCCOPS, as it possibly relates to their review. Again Mr. Campbell has not answered my questions. Even if my complaint does not fit into the definition of a public complaint this does not stop Mr. Campbell or the Chief of Police from launching a criminal investigation<\/strong><\/span> into this matter to see if what the officer did is obstruction of justice. The facts in this letter clearly show that Mr. Campbell is lying to me or is incompetent. Either one of these things is misconduct.<\/p>\n

I then received a letter from Inspector Kenneth Leendertse dated Feb 08, 2000, saying.<\/p>\n

You were advised by Staff Sergeant Campbell that your complaint did not fall within the perimeters of a public complaint under the police services act. You disagreed with this classification and appealed the decision to OCCOPS. On Dec 06, 1999, OCCOPS wrote back to you supporting the decision of Staff Sergeant Mike Campbell and the Hamilton-Wentworth Regional police that you do not have the status of a public complaint because you are not directly\u00a0affected.<\/span>\u00a0<\/strong>In this letter you will note that it says; Please be advised that under part v of the\u00a0police services acts.<\/a>\u00a072(12) the commission\u2019s decision is final and binding and there is no appeal therefrom. I believe that because the decision concerning this public complaint was substantiated in favor of the Hamilton police that now you feel that Staff Sergeant Campbell is either lying or is incompetent. Staff Sergeant Campbell was correct in his classification of your complaint that it was frivolous and that you were not directly<\/span>\u00a0a<\/strong>ffected<\/u>, <\/strong>this is a classification as directed in law to limit frivolous and vexatious complaints from clogging up the complaints process. As you may well know, there are many individuals that would like to complain about anything just to be heard while the complaint is not within the scope of the public complaint system. This type of frivolous complaining does nothing more than creating a grandstand for these members of the public who wish to be heard but have nothing to say. They also like to create backlogs, jam the complaints system, and to voice any and every concern they have, even if it is not related to policing or matters concerning themselves. Although members of the public have the right to complain or expect accountability for an officer\u2019s actions. I find the frivolous and vexatious complaining about matters very wasteful and not responsible conduct for members of the public. This type of behavior takes away from others who have genuine concerns and complaints against the police. Your actions have gone to lessen the effectiveness of the police complaints system. Pursuant to section 59(3) of the police services act. I will not take further action on your complaint because it is insufficient on its face. I find that I must classify your complaint as frivolous because it does not contain enough evidence. Please do not be alarmed by this classification as it is a term provided for in law governing complaints against the police. It is not meant to imply that I am not concerned about your complaint; it does mean that I do not have enough information to sustain an allegation of misconduct. For your information, a conduct complaint must show with clear and convincing evidence that an officer breached a standard of professional conduct as contained in the code of conduct of the police services act, In reading your complaint I cannot determine what the police did wrong with sufficient detail to make such a determination. I also find that your comments against Staff Sergeant Campbell are slanderous in the fact that you claim he is lying. I am appalled that you believe you have a right to make slanderous and vexatious comments concerning a member of our police service just because they disagree with your interpretation of the law. I do not believe that Staff Sergeant Campbell is incompetent or lying and I do not support your request for an investigation into this matter or the conduct of Staff Sergeant Campbell. I will caution you to make sure your comments or concerns are directed at the conduct of an officer rather than your opinion which<\/u><\/strong> may be libel. I then wrote back to Mr. Leendertse dated Feb 15, 2000, saying.<\/p>\n

My letter of Aug 03, 1999, clearly shows that the officer did not do a proper investigation into the girl\u2019s complaint. So Mr. Campbell should have had a new officer investigate the girl\u2019s complaint. Even if my complaint does not fit into the definition of a public complaint this does not stop Mr. Campbell from having a new officer investigate the girl\u2019s complaint Mr. Campbell has not had a new officer investigate the girl\u2019s complaint. Clearly, this is misconduct by Mr. Campbell. In my letter of Aug 03, 1999, also shows that what the officer did is possible obstruction of justice. So again Mr. Campbell should have had a criminal investigation launched into the matter. Even if my complaint does not fit into the definition of a public complaint this does not stop Mr. Campbell from launching a criminal investigation into the matter. Mr. Campbell has not launched a criminal investigation into the matter. Clearly, this is a misconduct by Mr. Campbell.\u00a0<\/u><\/strong>I then received a letter from Ken Leendertse dated Feb 16, 2000, On numerous occasions, when incidents are reported to the front desk, if there is a suspect or additional evidence is required or investigation is needed, the matter is forward to the beat officers for follow up, These investigations are monitored and concluded once every lead is completed or a charge is laid. There are checks and balances in this entire system to ensure that no unsolved matter is addressed. Staff Sergeant Mike Campbell is in charge of the professional standards branch\u00a0<\/u><\/strong>and looks at all public complaints that fall within the framework of the provincial legislation. As far as your complaint against Staff Sergeant Campbell, I have already rendered my decision in the letter dated Feb 08, 2000, and I will no longer entertain any more complaints from you concerning the same. This matter is now concluded.\u00a0<\/strong>I then sent a letter to Mr. Leendertse dated March 07, 2000, saying.\u00a0In your letter of Feb 16, 2000, you said.<\/p>\n

Once the front desk staff takes the report, it is sent to the patrol supervisor for clearance or follow-up. The divisional staff sergeant also checks the flow of these reports and ensures proper investigation and follow-up. If this is true then when the officer said to the girl you have no suspects so we will just file the complaint he is lying or is incompetent.<\/span> <\/strong>If he is lying this is obstruction of justice. To determine if he was lying or not lying there should be a criminal investigation. In your letter you also said. Staff Sergeant Mike Campbell is in charge of the professional standards branch and looks at all public complaints that fall within the framework of the provincial legislation. This does not stop him from bringing this matter to the attention of someone who can launch a criminal investigation. <\/u><\/strong>In your letter you also said. Unfortunately, you may not possess all the relevant information and under the freedom of information (dealing with your first complaint), you are not entitled to any of this information. I do not believe that the Freedom of Information Act or the Privacy Act stops you from telling me if a charge has been laid in the case and<\/u><\/strong>\u00a0if the neighbor was questioned about what happened. If you do believe that the Freedom of Information Act or the Privacy Act does stop you from giving me this information then please tell me what part of these acts stops you from giving me this information.<\/span> <\/strong>If these acts do not stop you from telling me if a charge has been laid in this case and if the neighbor has been questioned about what happened then please give me this information. In your letter you also said. Having said this, let me assure you that I have all the confidence in both staff Sergeant Mike Campbell and the organizational system that has been put in place to ensure that our citizens get the best quality service and response from the police that is appropriate. There is no doubt in my mind that the person that you reported was given the appropriate investigation and response. I do not believe that this case was given the appropriate investigation and response and I would ask that you look into the case to see if it was given the appropriate investigation and response instead of assuming that it was. <\/strong>I then appealed the decision of Ken Leendertse dated Feb 14, 2000, The OCCOPS said The panel is satisfied that the decision reached, in this case, is appropriate.\u00a0<\/u><\/strong>The Commission has already dealt with your concerns related to this matter in its decision dated Dec 06, 1999. The OCCOPS further confirms the decision of the Hamilton Regional police service <\/strong><\/span>dated Feb 08, 2000. I then filed a complaint against Mr. Leendertse dated July 17, 2000. I then got a letter from\u00a0 Sheila Cuthbertson of OCCOPS dated July 19, 2000, saying.<\/p>\n

I have taken your complaint before the Commission which has determined that it will not forward your complaint to the service, nor will it direct Hamilton Wentworth police to investigate.\u00a0<\/u><\/strong>Be advised that the Commission will not accept complaints about public complaint decision makes merely because the complainant disagrees with that decision maker\u2019s decision.<\/span> <\/strong>info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

Update of December 31, 2020<\/span><\/p>\n

7.<\/span> On March 26, 1999, I went down to the courthouse to file the amended statement of claim from my case against Magna to take out the defendants Karmax Heavy Stamping and Geoff Stanley from the statement of Claim at the courthouse the staff told me that I needed consent from the defendants and a Judge\u2019s order<\/strong><\/span> which costs 75 dollars. I then told them that all I need is consent from the defendants<\/strong><\/span> again the court staff told me that I needed a Judge\u2019s order.<\/strong><\/span> I refused to get a Judge\u2019s order. So I went back home and wrote to the Manager of court operations. In a letter from the manager Cathy Hiuser dated April 07, 1999, he said.<\/p>\n

When amending pleadings, specifically when adding, deleting, or substituting a party to the action, the amendment may be done by either (a) with leave of the court (by order)\u00a0or (b) by the\u00a0<\/strong><\/span>filling with the court\u00a0consent\u00a0of all parties including the added deleted\u00a0or substituted part(s)<\/span>\u00a0<\/strong><\/p>\n

I then went down to the courthouse with the letter and showed it to the court staff again they said that I needed a Judge\u2019s order.<\/strong><\/span><\/p>\n

I then sent a letter to the manager of court operations dated June 08, 1999, I then got a letter from Brian Horrocks saying.<\/p>\n

It is unfortunate that the previous responses, written as well as verbal, face-to-face conversations at our public counters and over our phones, have not explained to your satisfaction the reasons why your documentation does not conform to the rules of civil procedure. Regrettably, there is nothing further that we can add. I then went to the Hamilton police on July 13, 1999, to see about having the court staff charged with obstruction of Justice I talked to Detective Brian Leng badge # 861. I gave him copies of the letters to and from the courthouse and he called Mr. Brian Horrocks and left a message on August 23, 1999, I called Mr. Leng about the case but he did not return my call. On Sept 08, 1999, I sent a fax to him but I still did not hear from him On Oct 26, 1999, I sent him another fax but still did not hear from him. So I then filed a complaint against him on January 03, 2000, I then got a letter from Michael Campbell of the Hamilton Professional Standards branch dated March 07, 2000, saying.<\/p>\n

While not wishing to presuppose the issue of your complaint, I have attempted to classify your letter as either a matter of poor service or police misconduct. I have been unable to do so effectively. I have had some difficulty with the following reasons. In the event that I choose to classify your letter as a case of police misconduct. I would then be investigating the actions of Sgt Leng. Regrettably Sgt. Leng has retired from the police service, and therefore I have no jurisdiction to investigate him or to demand that he respond to my inquiries in this matter. The next alternative would be to classify your complaint as a matter of service but I would note that I require more information in order to have a clear allegation of poor service from the police. I will therefore ask some questions in order to better understand what you are seeking and in order to proceed in the appropriate manner. 1) Are you seeking to file a public complaint against the police? Do you seek a conduct complaint or a service complaint? 2) What did Sgt Leng say to you on the date and time of each meeting or telephone call? 3) For example did Sgt. Leng say that he believes an offense had been committed or did he believe that no offense had been committed, or was he non-committal? 4) Please tell the entire story in writing concerning the allegations that you wish to make against the court operations staff. While this may appear to be incidental to the actions of the police. It is important to get a full understanding of what was reported to Sgt. Leng in order to make a determination that he provided poor service or good service. 5) If I have not already been provided with all letters to and from the court operations staff, please provide me with this documentation for the same reasons as in 4 above. I would note that when making an allegation against anyone. It is important to ensure that you are factually correct and that you have told the entire story without leaving out any important details. I would therefore ask you to be cautious, but detailed in providing the narrative of the events. As you are aware, it may be necessary for you to testify under oath concerning these incidents. It is therefore vitally important that you make a full, fair, and complete disclosure of the facts. 6) In all cases of criminal allegations. It is important to demonstrate that there was a criminal intention to commit wrongdoing on the part of the specific person in question. Please provide me with the details of any evidence that supports the allegation that they have intended to commit a crime. (NOTE: again. Please be specific and identify the individual person in question) I believe that you may have dealt with more than one person on a variety of occasions. I would also note that it is not permissible in criminal law to charge the staff of the court operations with the obstruction of justice as a group. People can be charged jointly (named individually) but it requires specific evidence that implicates each of the named persons in the intention to commit a criminal act. 7) Please advise me of the current status of the preparedness of the staff at court operations to accept your documents for filling. 8) Do you allege that the staff at court operations have committed the offense of obstructing justice? If so, please name them specifically and advise me what they have specifically done wrong. (This is effectively a repeat of the questions in 6 above) However, I would like it on the record that you are making this allegation and against whom s<\/strong>pecifically, your comment that about a problem with the staff obstructing justice is somewhat less precise than the outright allegation. While not wishing to offend or disagree with you. I would note that it is not the job of the court operations to make the decision of the Judges in civil court I am wondering if it was their intention to assist you in filing your documents in the proper manner. I am not an expert on civil law, but it would seem to me that if they accepted inadequate documentation, then in the long run you would have been disappointed and frustrated in the civil matter. (E.g. you may have run the risk of the judge throwing out the case). I believe that the police will have to address this issue in some way. (Disprove it as a defense in order to prove a criminal case of obstructing justice. 9) What submissions can you make or evidence can you offer concerning the possible excuse from the court operations staff that they were trying to help you in filing the documents? I believe that it is premature on my part to decide with finality that your complaint has no value, or that I cannot assist you. I will therefore await your written answers to the questions, and then make the decision that I feel is the most responsible, and accountable. Until that time. I believe that I must classify your complaint as lacking sufficient information to make a complete allegation. Please do not be offended by my classification as it is not intended to upset or annoy you or to make any judgments concerning the fundamental value of your complaint. I then sent a letter to Mr. Campbell dated April 05, 2000, saying.<\/p>\n

Sgt Leng retired in Dec of 1999. I called him on Aug 23, 1999, about the case and I sent him a fax on Sept 08, 1999, and on Oct 26, 1999, but I did not hear from him. If he did not do a proper investigation into this case then this is possible obstruction of justice. In your letter of March 07, 2000, you do not address this issue. Why not? There is sufficient evidence in my letter for obstruction of justice. But in your letter of March 07, 2000, you do not address this issue. Why not? The letters that I gave to Detective Leng have sufficient evidence in them to launch a criminal investigation against the court staff. B since detective Leng retired no one has worked on this case. This is clearly a service complaint. Again your letter of March 07, 2000, does not address this issue. Why not?\u00a0I then got a letter from Mr. Campbell dated April 09, 2000, saying.\u00a0I will not be answering the questions contained in your letter of the 05 of April.<\/span> <\/strong>I have asked you to identify the issue of your complaint against Sgt Leng and your intentions. I would recommend that you provide a detailed witness statement to explain all of your direct evidence in the matter. I have attempted to assist you in this regard by asking questions that would tend to prompt such a statement. I believe that I have been candid in explaining what is happening and why I am asking the questions. I therefore don\u2019t believe that you should interpret any of my questions as being tricky. I then filed an appeal of his decision to the OCCOPS. The appeal was denied. I then filed a complaint against Mr. Campbell but did not receive a response back. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

Update of January 03, 2021<\/span><\/p>\n

8.<\/span>\u00a0On Jan 13, 2000, I filed a complaint against Officer Hunt saying.<\/p>\n

On July 15, 2000, I went to the mountain police station in Hamilton to file a charge of threatening death. At the station, I was told that an officer at the desk could not take a report about it and that an officer has to come in from outside the station to take a report about it.<\/span> <\/strong>After waiting about 30 minutes they told me that it could be another 30 minutes to an hour before an officer could come in from outside because they are busy and that the officer at the front desk could take the report<\/strong><\/span> and someone will call me and re-interview me. About one month later. I went back to the station because no one had called.<\/span> <\/strong>I was told that Officer Hunt badge # 100 had been put on the case. I was told to call the station on Friday but I was too busy to call. In Nov 1999, I still had not heard from Officer Hunt so I went to the station and made arrangements with Officer Hunt to meet with her the next day. When I meet with her the next day I told her what happened that night she called me and said that she spoke to a witness she told her that the witness said that the suspect said guys like him deserve to get the shit beaten out of them. <\/strong><\/span>Officer Hunt then said that is not threatening because the suspect was not talking about you.<\/span> <\/strong>This is still threatening because he said guys like him.<\/span> <\/strong>When he said this he was talking about me.<\/span> O<\/strong>fficer Hunt then said that the officer who took the original report did an investigation and may have talked to the suspect. She said she will leave him an email.<\/span> I still have not heard from the officer who took the original report.<\/span> <\/strong>His badge # is 492 nor have I heard from Officer Hunt. <\/strong><\/span>I then got a letter from Michael Campbell Hamilton police professional standards branch dated Feb 08, 2000, Saying.<\/p>\n

I am uncertain what you are seeking in this matter, and I would ask the following questions to better understand what the issues are 1) Do you seek to have the person who made the alleged threats charged? 2) Do you seek to file a conduct complaint against a specific officer? If so then please advise me which officer and for what reason. Please provide me with additional details to fill in the actions of the officer that constitute misconduct in your view. 3) Do you seek an update on the investigation of your case? I then sent Mr. Campbell a letter dated Feb 21, 2000, saying.<\/p>\n

Complaint. After four months I had not been re-interviewed so I had to go to the police station to find out what was going on with the case.<\/span> <\/strong>Complaint Officer Hunt said guys like him deserve to get the shit beaten out of them was not threatening because the suspect was not talking about me.<\/span> B<\/strong>ut when the suspect said guys like him he was talking about me.<\/span> So it is threatening.<\/span> <\/strong>Complaint I still have not had an update on my case from Officer Hunt or the Officer who took the original report.<\/span>\u00a0<\/strong>I then got a letter from Mr. Campbell dated Feb 24, 2000, saying.<\/p>\n

The investigation into your threatening complaint is still ongoing. The investigation has not been concluded yet. The police service has been unable to identify the person who is alleged to have committed the offense of threatening. <\/strong>The police service has attempted to arrange for the suspect to call the police by leaving a business card of the investigating officer. <\/strong><\/span>We have been advised that the suspect did receive the card<\/span> <\/strong>and he has chosen not to contact the police. As a result of your discussion with Officer Hunt on the 02 of Nov, the license numbers that you provided have been checked and there was no one identified who matched the first name of the suspect as provided by you.<\/span> <\/strong>Further action will have to be taken in order to determine the identity of the suspect if possible. If you believe that you would be able to identify the suspect by viewing photographs, then I would suggest that this may be the next appropriate step. As you know, Officer WELSH is currently assigned this investigation. I will therefore ask Officer WELSH to consider what he believes to be the next appropriate step. He should then contact you to inform you of his decision. <\/u><\/strong>Classification of your complaint\u00a0ISSUE\u00a0\u00a0O<\/em><\/strong>fficer Hunt said guys like him deserve to get the s<\/em>hit beaten out of them was not threatening because the suspect was not talking about me.<\/span> <\/strong>But when the suspect said guys like him he was talking about me.<\/span> <\/strong>So it was threatening. I believe that this is an irrelevant issue<\/span> <\/strong>at this time because the police service has been unable to identify the suspect in this matter. Officer Hunt was likely discussing this case with you in an open and positive manner so that you would be aware of her concerns respecting the inherent difficulties of prosecuting this case.<\/span> <\/strong>The issue of whether or not an offense has been committed will become relevant only when a suspect has been identified. If at that time, the Officer in charge of the investigation (P.C.D. WELSH concludes that there is insufficient or inconclusive evidence of a threat, and then he will provide you with an occurrence number and ensure that you are informed of your opinion to lay a charge before a justice of the peace.<\/span> <\/strong>The opinion of the justice of the peace will determine whether or not there will be process issued in this matter. Should the police lay the charge then I presume that you will be content with that decision. I am not of the view that it would be productive to argue the merits of the evidence (E.G. has an offense been committed) until such time as all of the evidence has been gathered. If the suspect is identified and interviewed then he may provide some incriminating evidence. My own view is that this could be very important evidence to the case. Further, it is unproductive to debate the comments of an Officer who is not currently in charge of the investigation. Debating your opinion about the law in response to an officer’s comments is a trivial and irrelevant matter<\/u>.\u00a0<\/strong>The point being made here is not that the law is irrelevant but rather that debating<\/span> our opinion concerning the law is irrelevant. <\/span><\/strong>What will ultimately count is the opinion of the appropriate authorities once all of the evidence has been collected (E.G. the justice of the peace or a judge) ISSUE After four months I have not been re-interviewed so I had to go to the police station to find out what was going on with the case. <\/span><\/strong>Despite what you understood from the reception desk Officer, there is nothing that specifically requires the Officer assigned this case to re-interview you within a specific time period.<\/span> <\/strong>Your initial complaint was recorded by the first Officer. In actuality, repetitive statements from the complainant (yourself) can work to the disadvantage of the prosecution. In the event that Officer WELSH believes that he must re-interview you, then it will be his decision when or if that should occur. I have checked the reports and I am certain that the Officer in charge of the case (D. WELSH) did in fact work on this investigation. But I have been advised that he had some time off during the interim. He is the Officer assigned to the case. I believe that it can be extremely inefficient to assign cases back and forth between the Officers. <\/strong>The more Officers involved in the investigation the more witnesses that will be required in court thereby leaving greater opportunities for the defense lawyers to cross-examine for contradictory testimony. In addition, there is a far greater potential for communication failure. In the long run, you would be better served by having one Officer tasked with the investigation. ISSUE I <\/em>still have not had an update on my case from Officer Hunt or the Officer who took the original report. <\/span><\/strong>Officer WELSH is assigned this investigation and therefore Officer Hunt actually did more than was expected of her. I have checked the reports, and I can state that Office WELSH was advised that you received an update from Officer Hunt in Nov of 1999, Unfortunately, you did not receive an update since that time. I would note that Officer WELSH was left in the position of waiting for the suspect to call him back,<\/span> <\/strong>and he had no specific timeline of when to expect the call. Further, during this time Officer WELSH had very little new information to report to you.\u00a0This situation was not helped by the fact that Officer WELSH had some time off. I don\u2019t believe that it is appropriate to punish Officer WELSH for the fact that he had time off. (Such matters are beyond the individual\u2019s control when due to sickness, and in cases of normal benefits such as holidays they are a matter of contract) I would also note that my understanding of the events is slightly different than your own. Officer HUNT states that she suggested that either Officer WELSH can call you, or you may contact him. I, therefore, am uncertain if your understanding of the conversation was different, or if in the alternative you merely elected not to call and chose to wait. I am not certain that this necessarily has a large impact on the merits of your complaint against the police service, however, I do wish to suggest that I believe that you would have received more timely updates from the Officer if you had left a phone message or two for him. While the police are clearly the agency tasked with this investigation we do need your help and assistance. In reading all of the material that was available to me in this matter, I do not understand why the police were not provided with the list of license plate numbers (from the parking lot) until Nov<\/span>. <\/strong>Perhaps there is a simple explanation for this, and I would suggest that you may choose to inform Officer WELSH by phone or by letter as to how this occurred. <\/strong>Having said all of this. I would hasten to add that I am not unsympathetic to your complaint. I have attempted to understand the frustrations that you experienced from your point of view, and I would advise you that I do have some empathy for what you appear to have experienced. I am of the belief that you are entitled to an update on the final conclusion of your case and that the police service should ad<\/u>vise <\/u>you when that juncture has been reached.<\/u>\u00a0A<\/strong>t that time, you may consider your opinions in this matter. In effect, I believe that considering all of the circumstances your public complaint about the handling of this case is premature at this time.\u00a0I would be prepared to re-examine the is<\/u>sue <\/u>at the conclusion of the investigation. <\/u><\/strong>In balancing the facts of this case. I am of the view that this is a situation where the law concerning public complaints does not actually provide you with a remedy. The service issue of your complaint is premature due to the fact that the police have been unable to identify the suspect and they are still working on the investigation. The potential conduct issues are inappropriate for a variety of reasons; the apparent<\/span> miscommunications are not a misconduct <\/span><\/strong>as defined in the police services act. And your disagreement with the opinions expressed by the Officer about the law are trivial and irrelevant<\/u>.\u00a0<\/strong>I then sent a letter to Mr. Campbell dated March 17, 2000, saying.<\/p>\n

In your letter you said. The investigation into your threatening complaint is still ongoing. The investigation has not been concluded yet. The police service has been unable to identify the person who is alleged to have committed the offense of threatening. The police service has attempted to arrange for the suspect to call the police by leaving a business card of the investigating officer. We have been advised that the suspect did receive the card and he has chosen not to contact the police. I would note that Officer WELSH was left in the position of waiting for the suspect to call him back,<\/span> <\/strong>and he had no specific timeline of when to expect the call. Further, during this time Officer WELSH had very little new information to report to you.<\/p>\n

The threatening happened at a bar Officer Welsh should have gone to the bar and asked the bartenders if they knew the name of the suspect and asked the customers if they knew the name of the suspect<\/strong><\/span> as well as leaving a business card of the investigating officer. It has been six months since the threatening happened this is plenty of time for Officer Welsh to do these things.<\/strong><\/span> This clearly shows that Officer Welsh is dragging his feet with this investigation or is incompetent. Either one of these things is a misconduct. In your letter you also said. This situation was not helped by the fact that Officer WELSH had some time off. I don\u2019t believe that it is appropriate to punish Officer WELSH for the fact that he had time off. (Such matters are beyond the individual\u2019s control when due to sickness, and in cases of normal benefits such as holidays they are a matter of contract) If Officer Welsh had so much time off in the past six months that he could not do a proper investigation then a new Officer should have been put on the case.<\/strong> <\/span>This clearly shows that they are dragging their feet with this investigation or are incompetent and either one of these things is a misconduct. In my letter of Jan 13, 2000, I said.<\/p>\n

I was told that the Officer at the desk cannot take a report about this and that an Officer has to come in from outside the station to take the report. But in your letter of Feb 24, 2000, you said.<\/p>\n

Despite what you understood from the reception desk Officer, there is nothing that specifically requires the Officer assigned this case to re-interview you within a specific time period. Your initial complaint was recorded by the first Officer. In actuality, repetitive statements from the complaint (yourself) can work to the disadvantage of the prosecution. In the event that Officer Welsh believes that he must re-interview you. Then it will be his decision when or if that should occur. When the officer at the desk told me that the Officer at the desk cannot take a report about this and that an Officer has to come in from outside the station to take the report he was lying or is incompetent<\/strong> <\/span>and either one of these things is a misconduct. In your letter you also said. While the police are clearly the agency tasked with this investigation we do need your help and assistance. In reading all of the material that was available to me in this matter, I do not understand why the police were not provided with the list of license plate numbers (from the parking lot) until Nov.<\/span> <\/strong>Perhaps there is a simple explanation for this, and I would suggest that you may choose to inform Officer WELSH by phone or by letter as to how this occurred. The reason that the police were not provided with the list of license plate numbers (from the parking lot) until Nov was because the Officer at the front desk told me to give them to the Officer who re-interviews me.<\/strong><\/span> Again when the Officer told me to give them to the Officer who re-interviewed me he was lying or is incompetent<\/strong> <\/span>and either one of these things is a misconduct. In my letter of Jan 13, 2000, I said. About one month later I went back to the police station because no one had called me. I was told that Officer Hunt # 100 had been put on the case. But in your letter of Feb 24, 2000, you said, Officer Welsh is assigned this investigation, and therefore Officer Hunt actually did more than was expected of her. So when the Officer at the desk told me that Officer Hunt had been put on the case this was not true. So the Officer who told me this or someone else is incompetent. But in your letter of Feb 24, 2000, you do not address this issue. In your letter you also said. As a result of your discussions with Officer Hunt on the 02 of Nov, the license numbers that you provided have been checked and there was no one identified who matched the first name of the suspect as provided by you.\u00a0Officer Hunt or Officer Welsh should have gone to the address of the license numbers to see if the suspect lived there.<\/span><\/strong> Because the suspect could have been driving his wife\u2019s car. They should have also gone to the addresses of the license numbers to see if anyone knew the suspect because he could have been driving a friend\u2019s car or they may know the name of the suspect.<\/strong><\/span> In your letter you also said.<\/p>\n

I will deal with the issue that you have identified in your letter of the 21st<\/sup>\u00a0of Feb. ISSUE Officer Hunt said guys like him deserve to get the shit beaten out of them was not threatening because the suspect was not talking about me.<\/span> <\/strong>But when the suspect said guys like him he was talking about me.<\/span> S<\/strong>o it was threatening. I believe that this is an irrelevant issue at this time because the police service has been unable to identify the suspect in this matter. Officer Hunt was likely discussing this case with you in an open and positive manner so that you would be aware of her concerns respecting the inherent difficulties of prosecuting this case. <\/strong><\/span>Officer Hunt did not say anything about the inherent difficulties of prosecuting this case.<\/strong><\/span> What she said is that she spoke to a witness and the witness said they heard the suspect say guys like him deserve to get the shit beaten out of them. Officer Hunt then said that was not threatening because the suspect was not talking about me. When Officer Hunt said that guys like him deserve to get the shit beaten out of them was not threatening because the suspect was not talking about me she was lying or is incompetent<\/strong> <\/span>and either one of these things is a misconduct. If Officer Hunt was lying this is also obstruction of justice.<\/strong><\/span> It appears that you did not do a proper investigation into my complaint of January 13, 2000. I then got a letter from Mr. Campbell dated March 20, 2000, saying.<\/p>\n

You have appealed my decision as contained in my letter of the 24 of Feb 2000. Your most recent letter amounts to submissions respecting my decision. In other words, you are explaining why you believe that I am wrong in the position that I have taken I am forwarding a copy of this letter to the OCCOPS.<\/span>\u00a0<\/strong>If this is not your intention in sending this letter, then please advise me as soon as possible.\u00a0<\/u><\/strong><\/p>\n

I then sent Mr. Campbell a letter dated May 02, 2000, saying.<\/p>\n

The same things as in the letter of March 17, 2000, At the end of each paragraph I ask him you have not addressed this issue why not<\/strong><\/span>? I then got a letter from him Dated June 02, 2000, saying.<\/p>\n

I have forwarded your letter to the OCCOPS because it relates to your original letter of complaint respecting the investigation of your threatening complaint.<\/span> <\/strong>Classification of that matter is presently under review by the OCCOPS. Please advise me if this was consistent with your intentions.<\/u><\/strong><\/p>\n

I then got a letter from OCCOPS dated July 31, 2000, saying.<\/p>\n

We reviewed the entire contents of your file that included your initial complaint your subsequent correspondence, the investigation file provided by the Hamilton police, and the decision by Staff Sergeant Campbell.\u00a0On review, the panel determined that the file should be returned to the Hamilton police for further investigation.\u00a0<\/u><\/strong>I then got a letter from Inspector John Daniels of the Hamilton police dated Feb 28, 2001, saying.<\/p>\n

I find that Constable Welsh failed to communicate appropriately with you in this matter.<\/span> <\/strong>The Officer\u2019s initial report from July 16, 2000, indicates that the investigation is continuing. As such, Officer Welsh should have at some point, contacted you to advise you that he had not heard from the suspect.<\/span> It is my finding that you and any other complaint have a legitimate expectation to be updated on the status of an investigation.<\/span> <\/strong>This is critical to our wish to extend courtesy and quality service to members of our community. I further find that P.C. Welsh did not contact you even after hearing from P.C. Hunt P.C. Hunt\u2019s report indicates that she told you she would advise P.C. Welsh of the fact that you had inquired about the investigation.<\/span> <\/strong>Again, as a matter of courtesy and quality service and our obligation to victims. P.C. Welsh should have made contact with you.<\/span>\u00a0 <\/strong>It is my recommendation that Officer Welsh receive verbal counseling regarding this matter.<\/span> As the Officer in charge of the case, he had the obligation to keep you informed as to the process of his investigation.<\/span> <\/strong>Mr. Burgiss, the interaction between the police and the public we serve is of great concern to this police service. I wish to assure you that we strive to maintain professional conduct on the part of all of our Police Officers and we monitor employee behavior and performance on an ongoing<\/span> basis.\u00a0<\/strong><\/p>\n

I then appealed the decision of John Daniels to OCCOPS. The appeal was denied. I then filed a complaint against John Daniels. In a letter from Dr. John A. Balkwill Vice-Chair OCCOPS dated July 27, 2001, he said.<\/p>\n

In your current correspondence, you allege that Officer Daniels, whom I assume is Inspector John Daniels, is lying or is incompetent. <\/strong><\/span>This is based on your letters of March 17, 2000, March 22, 2000, and May 02, 2000. Part v of the\u00a0Police Services Act<\/u><\/em>\u00a0was drafted to provide fairness both to complaints as well as police Officers. <\/strong>Provisions in the act expect complaints to be brought in a timely fashion i.e. within 6 months,<\/span>\u00a0yet these letters were written more than a year ago.<\/span>\u00a0<\/strong>Further, on Feb 20, 2001, you were notified in writing that the Hamilton police service did not have sufficient evidence to support the laying of a charge and thus were dropping their investigation of the incident. They also advised you of your right to lay your own information before a Justice of the Peace. Given that this complaint stems from an incident that occurred on July 15, 1999, some two years ago, and the extraordinary attempts by the Hamilton police service to satisfy your concerns, the Commission has concluded it is not able to assist you any further.<\/span>\u00a0<\/strong>My complaint letter against Michael Campbell was also sent to the Hamilton police I then got a letter from Kenneth Leendertse saying.\u00a0As per the OCCOPS letter dated May 15, 2000, we will no longer be investigating this complaint. <\/span><\/strong>info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

Update of January 04, 2021<\/span><\/p>\n

9.<\/span>\u00a0On October 09, 2001, I filed a complaint against a police officer saying.\u00a0On about April 13, 2001, at about 3:30 am. I saw a car down my street with its trunk open and someone walking around it. I then called the police. A neighbor then pulled into his driveway then someone ran past the neighbor and the car and tried to close the trunk of the car as they ran past it. When the police got there the neighbor said that he saw two guys carrying a snowblower down the street and that they tried to hide it in the bushes when they saw the neighbor. The officer ran the license plate of the car and the dispatcher called the owner of the car. The owner said that her son was out with the car tonight. I asked the officer if the snowblower would be fingerprinted she said probably not. I feel that the snowblower should have been fingerprinted because the police have the license plate of the car and the fingerprints on the snowblower may match someone from the family of the owner of the car. I sent the same letter to the Chief of Hamilton police. I then got a letter from Debbie Clark Staff Sergeant Professional Standards Branch Hamilton police dated Oct 22, 2001, saying.<\/p>\n

I find that you are not directly affected<\/strong><\/span> by the circumstances contained within your complaint. Pursuant to section 59(4) of the police services act, therefore I will not take further action on your complaint. I would hasten to add that my classification in these matters is a judgment made solely on the basis of your allegation. My classification is not meant to be a determination as to the likelihood of the officer having committed the misconduct.I then sent a letter to Debbie Clark saying.\u00a0The officer may not have fingerprinted the snowblower because police officers are under pressure to save money.<\/span> <\/strong>If this is true then what the officer did is possible obstruction of justice. <\/u><\/strong>A criminal investigation would determine this. Why has a criminal investigation not been done?<\/span> <\/strong>I did not hear back from her. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

Update of January 07, 2021<\/span><\/p>\n

10.<\/span> On Nov 28, 2001, I got in a fight with my dad because he attacked me. But I got arrested. I was arrested under the Mental Health Act.\u00a0The mental health act<\/a>\u00a0says\u00a0Action by police officer<\/span> <\/strong>17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and<\/strong>\u00a0<\/u>has reasonable cause to believe that the person, (a)\u00a0has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;<\/u><\/strong>\u00a0(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or (c) has shown or is showing a lack of competence to care for himself or herself, and in addition, the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in, (d)\u00a0serious bodily harm to the person;<\/strong> (e) serious bodily harm to another person;<\/strong><\/u> or (f) serious physical impairment of the person, and that it would be dangerous to proceed under section16, the police officer may take the person in custody to an appropriate place for examination by a physician.\u00a0At the hospital, they examined me and said there is nothing wrong with him.\u00a0I was arrested by Officer Paul Johnston and Officer Kathryn Czemerynski I filed a complaint against them. Staff Sergeant Debbie Clark of the Hamilton police professional standards branch said\u00a0in a letter dated January 09, 2002. Pursuant to section 59(3) of the police services act. I will not take further action on your complaint because it is insufficient on its face.<\/strong><\/span> I must classify your complaint as frivolous because it does not contain enough evidence. I appealed her decision to the OCCOPS saying that there has to be evidence of me wanting to hurt myself or someone else<\/strong><\/span>. The appeal was denied. I called the Hamilton police sometime after the appeal to talk to the Chief they put me through to Debbie Clark. In this phone call, she admitted that there was no evidence of me being a danger to myself or anyone else also that the Chief of police in Hamilton Ken Robertson knows that complaints against police are being covered up.<\/a><\/strong>\u00a0<\/a> info@hamiltonpolice.on.ca<\/p>\n

Reception: (905) 546-4772<\/p>\n

Update of January 17, 2021<\/span><\/p>\n

11.<\/span>\u00a0On September 15, 2003, I wrote to William H. Malpass Executive Director Ontario Association of Chiefs of Police to tell him about police officers covering up crimes in Hamilton. So he could pass a message on to the other chiefs of police in Ontario so they could check to see if the same thing was going on in their police service. He did not respond. So I wrote to him again on October 10, 2003, He then sent me a letter on December 01, 2003, saying\u00a0it is not necessary for our Association to correspond or discuss this matter with you any further.\u00a0<\/strong><\/span>PHONE\u00a0416-926-0424<\/a><\/p>\n

12.<\/span> On December 29, 2003, I wrote to the Hamilton Police Services Board saying on December 15 & 16, 2003, I called the office of the new Chief of police in Hamilton Brian Mullen. About complaints, I had filed from March 1999 to January 2002, about officers lying because they are under pressure to save money. On December 16, 2003, the office of the Chief of Police called me back and said that the Chief of police says that there is nothing that he can do about it because the complaints have gone through the Ontario Civilian Commission on police services. <\/strong><\/a>Some of my complaints are criminal complaints<\/span> <\/strong>and the OCCOPS does not deal with criminal complaints against police.<\/span> <\/strong>So the Chief of police is not doing enough about it.<\/span>\u00a0<\/strong>The Board then sent me a letter dated January 19, 2004, from Bernie Morelli Chairmen of Hamilton Police Services board saying. Please be advised that we have no information whatsoever in respect of any criminal complaints<\/strong><\/span> that you may have against any police officer employed by the Hamilton Police Service. If you have any specific complaints, criminal or otherwise, against the Hamilton police service, please provide the board, in Writing, with the particulars. You may rest assured if any bone-fide criminal complaints will receive the appropriate attention from this service. As such the board will not take any action. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

13.<\/span> On April 19, 2005, my dad told me to get out of the house. I told him I had nowhere to go so I am not leaving. So, he called the police. The officer asked me if I would leave the house, and I told him that I was not leaving. So he put me in the back of his car and took me to the Wellesley Center and let me go. The badge number of the officers is 188 and 959. I then filed a complaint against the officers saying that I was falsely arrested. Because to charge me with trespass they need to have both\u00a0the owners of the house sign a complaint,\u00a0<\/u>But my mother would not sign a complaint against me.<\/u><\/strong> After I was let go at the Wellesley Center I walked back home. My father called the police again and I was again arrested. When I was in the back of the police car the officer was on his cell phone. I could hear him talking to someone. And he said something about taking me to St. Jose. I told him that he did not have enough to take me to St. Jose because the Mental Health Act says that someone must be delusional and a danger to themselves or someone else. <\/u><\/strong>But the officer took me to St. Jose anyway.\u00a0St. Jose\u2019s checked me out and said that there was not enough to hold me.<\/u> <\/strong>I then filed a complaint against the officer who took me to St. Jose\u2019s Saying my complaint is that I was falsely arrested again because there is no\u00a0evidence of me being delusional or a danger to myself or someone else.<\/u><\/strong>\u00a0After I left St Jose I went back home that morning April 20, 2005, my father called the police again and again I was arrested.\u00a0After I was arrested the officer took the keys for my garage off of me and gave them to my father.<\/u><\/strong> I was then taken to the Salvation Army by the police and let go. After I went back home again. The badge number of the officers is 985 and 85. I then filed a complaint against the officers who arrested me saying I was falsely arrested because for them to charge me with trespass both the owners<\/strong><\/span> of the house have to sign the complaint against me.<\/strong><\/span> And that the police had no right to take the keys for my garage off of me and give them to my dad.<\/strong><\/span> After I was let go at the Salvation Army I went back home I was arrested again by the same two police officers who arrested me before (badge number 985 and 85) This time I was taken to the central police station. When I was being booked the officer who arrested me was in the washroom and when he came out of the washroom he said something about someone not being here and to let me go. The officer who arrested me then put the handcuffs on me again and took me to the Wellesley Center and let me go. I then filed a complaint against him saying That I was falsely arrested because for them to charge me with trespass both the owners<\/strong><\/span> of the house have to sign the complaint. After I was let go at the Wellesley Center I walked back home. I was again arrested by the same two officers (985 and 85) This time I was read my rights and taken to the central station. When we went inside the officer at the desk asked the officer who arrested me what the charge was he said unlawfully staying in a dwelling.<\/strong><\/span> The day after I was arrested they changed the charge to mischief.<\/strong><\/span> Because they knew they did not have enough to charge me with trespass.<\/strong><\/span> I then filed a complaint against the officers who arrested me saying. I was again falsely arrested because unlawfully in a dwelling is trespass<\/strong><\/span> and for them to charge me with trespassing both the owners have to sign the complaint.<\/strong><\/span> But my mother would not sign the complaint.I then got a letter from Jack Coruzzi of the Hamilton police dated Dec 01, 2005, saying\u00a0You state that you were falsely arrested because for the police to charge you with trespassing the officers\u00a0would need both owners<\/strong><\/span> of the house to sign the complaint.<\/strong><\/span>\u00a0Y<\/strong><\/span>ou were not charged with trespassing.<\/strong><\/span>\u00a0<\/u>The evidence of Constable Mitchell is that you were asked only once if you would turn over your\u00a0father\u2019s keys<\/u><\/strong>\u00a0for the home and\u00a0garage.<\/u><\/strong>\u00a0You voiced your objection to the officers but complied and provided the keys. Under Section 17 of the MHA, police Officers may apprehend a person for transportation to a psychiatric facility where the following requirements are met. The officer has reasonable and probable grounds to believe that the person is acting or has acted in a disorderly manner. Disorderly has been interpreted broadly to include behavior that appears to be to some extent irrational although not unruly and the officer has reasonable cause that the person (a) has threatened or is threatening to cause harm to himself or herself\u00a0 <\/u><\/strong>or (b)\u00a0has attempted or is attempting to cause bodily harm to himself or herself <\/u><\/strong>or (c) has behaved or is behaving violently towards another person <\/u><\/strong>o r (d) has caused or is causing another person to fear bodily harm from self <\/u><\/strong>or (e)has shown or is showing a lack of competence to care for himself or herself and the officer is of the opinion that the person is apparently suffering from mental disorder that will likely result in<\/u>(a)\u00a0serious bodily harm to self or others\u00a0 <\/u><\/strong>or (b)\u00a0serious physical impairment of self Serious physical impairment of self refers to lack of ability to care for oneself<\/u>\u00a0\u2013 <\/strong>example wandering outside in below freezing temperatures, residing in a facility without heat, etc and the officer is of the opinion that it would be dangerous to proceed by way of an application to a justice of the peace (under s 16)\u00a0 P.C. Mithell P.C. Adams P.C. Sterling P.C. Fletcher P.C. Beckford Superintendent K. Bond P.C. Rashford Superintendent J. Petz Professional standards branch.\u00a0<\/strong>I then appealed the decision of Jack Coruzzi saying\u00a0That he does not mention any evidence for the arrests under the Mental Health Act<\/strong><\/span> and he does not say I am wrong about the trespassing act.<\/strong><\/span><\/p>\n

I then got a letter from Farideh Irandoust dated April 24, 2006, from OCCOPS saying.<\/p>\n

Upon review, the panel determined that the decision of Inspector Coruzzi was reasonable given the circumstances and taking all the information into consideration. The panel is aware of your concerns, however, there are not sufficient grounds or reasons to change the decision<\/strong><\/span> made under s 64(6) of the police services act. Therefore the commission confirms the decision of the Hamilton police service<\/strong><\/span> in this matter. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

14.<\/span>\u00a0On July 15, 2007, I filed a complaint against a police officer saying.\u00a0On July 15, 2007, at about 12:30 am I was at the 7 eleven at 810 Main Street East in Hamilton. There was a police officer in the store the officer picked up a drink and nodded his head at the person who was running the store.<\/strong><\/span> As the officer went past me I said to him you have to pay for that<\/strong><\/span> I repeated it a couple of times. He just walked past me. I then went out to the officer\u2019s car and asked him for his badge number.<\/strong><\/span> But he just looks at me and said nothing.<\/strong><\/span> So I looked at the car number it was 311. My complaint is that officers did not pay for the drink and police officers are not allowed to receive free gifts. There was a security camera in the store. I do not know how long\u00a0it is until they tape over the tape. So the tape should be looked at. I then got a letter from Nancy Goodes-Ritchie Acting staff sergeant professional standards branch dated July 18, 2007, saying I will not take further action on your complaint, pursuant to section 59(5) of the police services act. However, we will be conducting an internal investigation and you may be contacted as a result. I then appealed that decision saying.<\/p>\n

On July 15, 2007, I filed a complaint against a Hamilton police officer for taking a free gift. In a letter from the Goodes-Ritchie, she said that I will not take further action on your complaint, pursuant to section 59(5) of the police services act 59(5) of the police services act says the chief of police shall not deal with any complaint made by a member of the public if he or she decides that the complainant was not directly affected<\/span> <\/strong>by the policy, service or conduct that is the subject of the complaint. I was directly affected by the conduct of the officer that I complained about because I do not trust the police now<\/strong><\/span> and I am getting the feeling that the Hamilton police are not to be trusted. This is a direct effect of the conduct of the officer that night. In my letter of July 15, 2007,<\/p>\n

I complained about the officer not telling me his badge number when I asked f<\/strong>or it. From what I understand a police officer must tell someone their badge number if they ask for it.<\/strong><\/span> I was clearly directly affected by this because I was the person asking for the badge number.\u00a0<\/u><\/strong><\/p>\n

I then got a letter from Christine Zabieiski from the OCCOPS saying.<\/p>\n

Upon review the panel is satisfied that the decision of the Hamilton police service is appropriate.<\/strong> \u00a0<\/span>Accordingly, the commission confirms the decision,<\/strong><\/span> and no further action will be taken in this matter pursuant to s 59(5) of the police services act. info@hamiltonpolice.on.ca Reception: (905) 546-4772<\/p>\n

15.<\/span> I have tried to get this in the news. I have tried CHCH news in Hamilton Ontario but they said that they will not do a story about it. Here is their Phone number (905)522-1101 X 2251 and email address tips@chch.com Please call and email them and complain. I have tried the Hamilton Spectator but they said the same thing. The Spectator would not even let me put an ad in their paper for my website.<\/strong><\/span> Here is their phone number 1 800 263 8386 and email address letters@thespec.com Please call and email them and complain. I have also tried CHML the Bill Kelly show but they said the same thing here is their phone number 905-645-3221 and their email address bkelly@900chml.com Please call and email them and complain. I have tried the Toronto Sun but they said the same thing here is their phone number 1-800-668-0786 and email address eservices@sunmedia.ca I have also tried the Toronto Star they said the same thing. (416) 947-2111 the Toronto star 416-869-4300 city@thestar.ca\u00a0<\/a>I have also tried the CBC they said the same thing Toronto 416-205-5808 tonews@cbc.ca CBC Hamilton 905-524-1985 rick.hughes@cbc.ca I even tried the\u00a0Canadian Radio-Television and Telecommunications Commission. (CRTC)<\/a> They said that there is nothing they can do about the news media not doing news stories about police complaints being covered up. I even tried The\u00a0Canadian Broadcast Standards Council (CBSC)<\/a>\u00a0they said that they only do investigations about stories that the news media report on. And do not do investigations about stories that the news media does not report on. I also tried CNN, 60 minutes<\/p>\n

16.<\/span>\u00a0On October 19, 2009, The Office of the independent police review director opened (OIPRD) The first complaint I filed with them was Dated 09\/02\/2010 I went to the Halton police service to see about having my former employer Magna International<\/strong><\/span> charged with criminal defamation<\/strong><\/span> section\u00a0300 0f the criminal code of Canada.\u00a0<\/a>The officer I dealt with was\u00a0Ann Robertson she started an investigation. On February 08, 2010, she called me and told me that she was dropping the investigation. Saying that Magna writing the unemployment insurance about why they fired me was a privilege occasion because Magna was mandated by law to tell UI the reason they fired me.<\/a>\u00a0This is true\u00a0but they cannot lie to UI.<\/u><\/strong> The OIPRD threw out my complaint saying that it was not in the public interest to investigate the complaint because the officer was right in dropping the investigation.<\/strong><\/span> The OIPRD said that they went on what was in my complaint which did not give reasons why the officer was wrong for dropping the investigation. But the OIPRD could have called me or emailed me if they needed more information.<\/strong><\/span> But they did not they just threw out my complaint. oiprd@ontario.ca Toll-free phone: 1-877-411-4773<\/p>\n

17.<\/span>\u00a0The OIPRD does not deal with criminal complaints against police. The reason I know this is because there are no limitation periods on criminal charges in Canada. But there is a six-month limitation period for filing a complaint with the OIPRD. So if the OIPRD dealt with criminal complaints against police that would mean that there is a special six-month limitation period on filing a criminal complaint against a police officer.<\/strong><\/span> oiprd@ontario.ca Toll-free phone: 1-877-411-4773<\/p>\n

Update of February 11, 2021<\/span><\/p>\n

18.<\/span> On December 12, 2009, I went to the Hamilton police central station to see about having charges filed against Officer Michael Campbell from the professional standards branch for obstruction of justice for covering up my complaint in paragraph 8 of this website. I talked to Officer Mike Fazari badge number 69; He refused to file the charge. He said it was not an obstruction of justice you filed the complaint and then appealed the decision with OCCOPS and the appeal was denied. He then said would I like to speak to his supervisor. I said yes. Then Officer Nancy Goodes Ritchie came down and she said that it is not an obstruction of justice. I then asked her to explain the decision of Michael Campbell from the professional standards branch. She then said. Do I want a staff sergeant to take my complaint against her? I said yes. I then filed a complaint against both the officer at the front desk badge number 69 and Nancy Goodes Ritchie. with the OIPRD. They then said in a letter of January 05, 2010, from Federico Dela Torre.\u00a0The OIPRD is aware of your concerns. Unfortunately, the OIPRD does not have the authority to deal with your complaint. We cannot proceed with your complaint as the incidents in 2005 you have referred to predate October 19, 2009, the date on which the legislation that established the OIPRD was proclaimed in force.<\/strong><\/span> Given that the original incident predates October 19, 2009, and gave rise to a subsequent incident on December 12, 2009, you may wish to send your complaint to the attention of the Hamilton police.\u00a0<\/strong>This does not make sense. The incidents in 2005 that I want to be investigated are criminal complaints and the OIPRD does not investigate criminal complaints against police.<\/strong><\/span> And there is a six-month limitation period for filing a complaint against a police officer with the OIPRD. So clearly it is the incident on December 12, 2009,<\/strong><\/span> that I am complaining to the OIPRD about. I then filed an internal complaint against Federico Dela Torre saying that it is the incident on December 12, 2009, that I am complaining to the OIPRD. I then got an email from Susan Dunn Lundy dated January 11, 2010, saying.<\/p>\n

According to the police services act, OIPRD can only deal with complaints about incidents that took place on or after October 19, 2009, although you went to the Hamilton police after that date, your complaint is about an alleged obstruction of justice that took place in 2005. As a result, the OIPRD cannot deal with it. It must be dealt with under the previous police complaint system.\u00a0What the OIPRD is talking about is section 98 of the police services act which says\u00a0<\/a>Transition 98 (1) Complaints made under the old Part V shall continue to be dealt with in accordance with the old Part V. 2007, c. 5, s. 10.<\/strong><\/span> Same (2) If a complaint about a policy of or service provided by a police force or the conduct of a police officer is made on or after the day the old Part V is repealed, but the event to which the complaint relates occurred before the repeal of the old Part V,<\/strong><\/span> the complaint shall be dealt with in accordance with the old Part V.\u00a0 2007, c. 5, s. 10. Definition (3) In this section, \u201cold Part V\u201d means Part V of this Act, as it read immediately before its repeal by section 10 of the Independent Police Review Act, 2007.\u00a0 2007, c. 5, s. 10.\u00a0When it says Transition it means transiting from the old police complaints system with (OCCOPS) to the new police complaints system with (OIPRD). So when it says the old police complaints system This means it has to be dealt with by the OCCOPS. When it says\u00a0but the event to which the complaint relates\u00a0this means the police misconduct that you are complaining about.<\/strong><\/span>\u00a0Not the criminal conduct that you are complaining to the police about.<\/strong><\/span>\u00a0If it means the criminal conduct that you are complaining to the police about<\/strong><\/span> then the OCCOPS the old police complaints system would never go away.<\/strong><\/span> And the office of the OCCOPS would never close.<\/strong><\/span><\/p>\n

I then wrote to the Director of the OIPRD Gerry McNelly<\/strong><\/span> he said in a letter of February 26, 2010,\u00a0<\/strong><\/p>\n

I have reviewed your email correspondence in this matter. Based upon my review, I agree with the responses and position<\/strong><\/span> you have been provided with by Ms. Dunn-Lundy, specifically that your matter predates the OIPRD proclamation date of October 19, 2009, your email sent January 26, 2010, indicates that you are making an internal complaint against Ms. Dunn-Lundy based upon my review, Ms. Dunn-Lundy conducted her duties and responsibilities in accordance with the OIPRD legislation.<\/strong><\/span> As such, there is no validity in your complaint against Ms. Dunn-Lundy.\u00a0<\/strong>The fact that the OCCOPS office is now closed is evidence that I am right.<\/strong><\/span>\u00a0 info@hamiltonpolice.on.ca Reception: (905) 546-4772oiprd@ontario.ca Toll-free phone: 1-877-411-4773<\/p>\n

Update of February 20, 2021<\/span><\/p>\n

19.<\/span> On May 27, 2003, I wrote to the RCMP saying.\u00a0My name is Robert Burgiss, I have uncovered evidence that some people in the justice system are lying because they are under pressure to save money. I have filed complaints against police officers but all I get is more lies (copy of complaints and recording of phone calls with Police services board and office of the Chief of police<\/strong><\/span> enclosed). I have also written to the Premier, Dalton McGuinty,<\/strong><\/span> and Howard Hampton<\/strong><\/span> but they are not willing to do anything about it.\u00a0I then wrote to the RCMP Commissioner G. Zaccardelli on June 13,\u00a0 2003; saying.<\/p>\n

My name is Robert Burgiss, On May 27, 2003, I sent a letter to the RCMP but I have not received a response. So I have sent a copy of the letter to you. I then wrote to the Commissioner G. Zaccardelli again on July 26, 2003, saying.<\/p>\n

My name is Robert Burgiss, on June 13, 2003; I sent you a letter but have not received a response. I then wrote to the Commission for Public Complaints against the RCMP dated September 26, 2003; saying.<\/p>\n

To whom it may concern. My name is Robert Burgiss, on May 27, 2003; I wrote to the RCMP about the Hamilton police service but I did not hear from them. On June 13, 2003; and July 26, 2003; I wrote to the Commissioner of the RCMP G. Zaccardelli<\/strong><\/span> about the same thing (copies of letters enclosed. But I still have not received a response.<\/strong>\u00a0I then got a letter from the Glenn Hansen from the Commission for public complaints against the RCMP. Dated October 29, 2003; saying.<\/p>\n

This will acknowledge receipt of the documents you sent to this office and to advise you that I was unable to identify specific issues related to the conduct of an RCMP member.<\/strong><\/span> I am, therefore, writing to clarify for you the mandate of the Commission for Public Complaints against the RCMP. This Commission was established by Parliament to oversee the public policing activities of the RCMP. Part 7 of the Royal Canadian Mounted Police Act (RCMP Act) describes the mandate of this Commission. Its mandate is to review \u201cthe conduct, in performance of any duty or function under the {RCMP} act, of any member [of the RCMP]\u201d Taken as a whole, the concerns outlined in your letter do not appear to qualify as conduct of the RCMP in the performance of a duty or function under the act<\/strong><\/span> and, therefore, do not fall within this Commission\u2019s mandate.<\/strong><\/span> As a result, this Commission has no role to play in resolving the issue you have raised in your letter. According, we will be unable to process your concerns as a public complaint under part 7 of the RCMP act.\u00a0I then wrote back to him on November 06, 2003; saying.\u00a0My letters to RCMP Commissioner G. Zaccardelli show some possible criminal activity by some Hamilton Police Officers.<\/strong><\/span> The RCMP investigates that kind of thing but Commissioner Zaccardelli has not responded to my letters.\u00a0 I then wrote to him again on December 12, 2003; saying.\u00a0Dear Mr. Hansen on November 06, 2003; I sent letter about your letter of October 29, 2003; But I have not received a response. (copy of November 06, 2003; letter enclosed).<\/strong> I then got a letter from Loraine Blommaert Enquiries and complaints analyst from the Commission for Public complaints against the RCMP dated December 29, 2003; saying.<\/p>\n

As indicated in our previous correspondence, our Commission does not have the mandate<\/strong><\/span> to address the issues you have raised in the large package of correspondence, which you provided to us with a covering letter dated September 26, 2003; RCMP Sergeant M. V. Shaver, Manager Public Complaint Unit, Professional Standards, and External Review has agreed to examine your material. For your convenience, I have forwarded your correspondence to him on this day.\u00a0I then got a letter from L. Morel, Acting Director Professional Standards and External Review Dated January 20, 2004; saying.\u00a0Your correspondence, addressed to the Commissioner of the Royal Canadian Mounted Police (RCMP), requesting his intervention in a matter involving yourself and the Hamilton Police Service refers. The Police Services Act, in effect in the province of Ontario, gives the RCMP no mandate to become involved in the matter<\/strong><\/span> you describe. In view of the similar responses you have received from the Hamilton Police Service, the Ontario Civilian Commission on Police Services, and the Ministry of the Attorney General, I can only repeat the suggestion that, if you wish to pursue this matter, you seek legal advice. Notwithstanding, in order to comply with our own departmental policy, I will carbon copy this correspondence to the Chief of Hamilton Police Service.\u00a0I then wrote to L. Morel Acting Director Professional Standards and External Review RCMP saying.<\/p>\n

In your letter of January 20, 2004;\u00a0 you said the police services act in effect in the province of Ontario, gives the RCMP no mandate to become involved in the matter you describe.<\/strong><\/span> The RCMP just finished an investigation into some Toronto police officers.<\/strong><\/span> So if what you are saying in your letter of January 20, 2004 is true then please explain how the RCMP investigated the Toronto police.<\/strong> <\/span>Where in the police services act does it say the RCMP have no mandate to become involved in the matter that I describe?<\/strong>\u00a0<\/span>I then got a letter from L. Morel, Dated February 03, 2004; saying.\u00a0The Ontario police services act does not prevent the Royal Canadian Mounted Police (RCMP) from becoming involved in the matter you describe.<\/span> Nor does it prescribe an RCMP intervention.<\/span> <\/strong>Therefore, given the circumstances, in the absence of a request from the Chief of the Hamilton police or the Ministry of the Attorney General for Ontario, the RCMP will not intervene<\/strong><\/span>. I can only repeat the suggestion that, if you wish to pursue this matter, you seek legal advice. Our file with respect to this matter will now be closed.<\/strong><\/span>\u00a0I then wrote back to him Dated February 14, 2004; saying.<\/p>\n

In your letter of February 03, 2004; you said in the absence of a request from the Chief of the Hamilton Police Service or the Attorney General for Ontario, the RCMP will not intervene. Where does it say that the RCMP needs a request from the Chief of the Hamilton police service or the Ministry of the Attorney General for Ontario to investigate the Hamilton Police? <\/strong><\/span>He did not respond back.\u00a0Section 18 of the RCMP Act<\/a> says. Duties 18 It is the duty of members who are peace officers, subject to the orders of the Commissioner, (a) to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime, and of offences against the laws of Canada and the laws in force\u00a0in any province in which they may be employed,\u00a0<\/u><\/strong>So clearly he is lying<\/strong><\/span>.\u00a0<\/strong>\u00a0<\/u>On August 02, 2011, I wrote to the RCMP again and asked them to do an investigation into the Hamilton police and the OIPRD for obstruction of justice. They refused. The officer that I was on the phone with\u00a0did not cite any rule or case law<\/a><\/span> that says that the RCMP cannot do the investigations they are just not going to do the investigations. So I filed a complaint against the officer with the RCMP Public Complaints Commission. The complaint was covered up. So on January 03, 2012, I filed a lawsuit against the RCMP for misfeasance in public office file # 12-32291. After I filed the case the RCMP lawyer Michael Sims filed a motion to have the lawsuit thrown out of court. Making the argument that it is not the job of the police to do investigations.<\/strong><\/span> In the defendant\u2019s book of authorities (case law book), there was this case from the Supreme Court of Canada.\u00a0R v. Beaudry<\/a>\u00a0<\/a>in the case it says.<\/p>\n

A police officer who has reasonable grounds to believe that an offense has been committed, or that a more thorough investigation might produce evidence that could form the basis of a criminal charge, may exercise his or her discretion to decide not to engage the judicial process.But\u00a0this discretion is not absolute<\/u><\/strong>.\u00a0<\/strong>The exercise of the discretion must be justified subjectively, that is, the discretion must have been exercised honestly and transparently, and on the basis of valid and reasonable grounds; it must also be justified on the basis of objective factors.\u00a0 In determining whether a decision resulting from an exercise of police discretion is proper, it is therefore important to consider the material circumstances in which the discretion was exercised.\u00a0 The justification offered must be proportionate to the seriousness of the conduct and it must be clear that the discretion was exercised\u00a0in the public\u00a0interest<\/u><\/strong>.\u00a0<\/strong>It goes on to say\u00a0There is no question that police officers have a duty to enforce the law and investigate crimes.<\/strong><\/span> This Supreme Court\u00a0 case was talked about at the motion hearing, So the Judge cannot say that he did not know about the Supreme Court case law.<\/strong><\/span> Judge Donald J. Gordon granted the motion and threw the case out of court and ordered me to pay the costs of the RCMP for the motion. A Judge can ignore case law even Supreme Court of Canada case law.<\/span><\/strong> If they believe the case law to be wrong.<\/strong><\/span> But the Judge must explain in his reasons for the Judgment why he believes the case law is wrong<\/strong><\/span>. But Judge Donald J. Gordon does not explain how the Supreme Court case law is wrong.<\/strong><\/span><\/p>\n

I then appealed that decision to the Ontario Court of Appeals File #c55897<\/a> The Judges were Macpherson, Cronk, and Lauwers. The appeal was denied. So the Ontario Court of Appeals ignored Supreme Court case law and did not explain why they believed the Supreme Court case law was wrong.<\/strong><\/span><\/p>\n

I then asked the Supreme Court of Canada for leave to appeal to them. It was denied. I then wrote to the RCMP, again and again, they refused to do the investigations. So again I filed a lawsuit against them file # 13-44199 making this argument. Section 18 of the RCMP Act<\/a>\u00a0says. It is the duty of members who are peace officers, subject to the orders of the commissioner. (a) to perform all duties that are assigned to peace officers in relation to the\u00a0preservation of the peace,<\/strong><\/span> the p<\/strong>revention of crime and offense against the laws of Canada and the laws in force in any province in which they are employed,<\/strong><\/span>\u00a0and the apprehension of criminals and offenders and others who may be lawfully taken into custody.\u00a0<\/strong><\/a><\/p>\n

So in order to preserve the peace, the RCMP must arrest people who are breaching the peace.<\/strong><\/span> In order to arrest people who are breaching the peace, they must first do an investigation<\/strong><\/span> to\u00a0determine if there is enough evidence for the arrest.<\/u><\/strong>\u00a0In order to prevent crimes, the RCMP must arrest people who are breaking the law.<\/strong><\/span> In order to arrest people who are breaking the law, they must first do an investigation<\/strong><\/span> to\u00a0determine if there is enough evidence for the arrest. <\/u><\/strong>The Lawyer for the RCMP Michael Sims again filed a motion to have the case thrown out of court. Judge Carpenter Gunn granted the motion and the case was thrown out of court and she ordered me to pay the costs of the RCMP for the motion. I then appealed that decision file # c58442 to the Ontario Court of appeal. Because I did not pay the costs of the RCMP for the motion hearing. Mr. Sims asked for a hearing at the court of appeal to have the costs for the RCMP for fighting the appeal to be paid in advance to the court or the appeal will be stopped. In the rules for this kind of hearing it says that the lawyer for the RCMP must show that the appeal is baseless.<\/strong><\/span> I argued that he did not even come close to doing that<\/strong><\/span>. The Judge then ordered me to pay in advance the costs for the RCMP for fighting the appeal. Or the appeal will not go forward. I did not have the money to do that. So the appeal was stopped. Please call the RCMP in Ontario 519-640-7267 and complain. If they get enough complaints they will do an investigation.<\/p>\n

20.<\/span>\u00a0On August 27, 2015, my landlord had some of her staff steal stuff out of my apartment.<\/strong><\/span> I called the police. The police said it is not a police matter.<\/strong><\/span> So I then filed a complaint with the OIPRD. They said in a letter of September 14, 2015, from Federico Dela Torre\u00a0your complaint against the officer is better dealt with by the landlord-tenant board.<\/strong><\/span>\u00a0\u00a0oiprd@ontario.ca General Inquiries: 1-877-411-4773<\/p>\n

Updated of February 25, 2021<\/span><\/p>\n

21.<\/span> On May 15, 2019, May 17, 2019, May 21, 2019, June 04, 2019, and June 05, 2019, I emailed the Chief of Police in Toronto Chief Saunders<\/strong><\/span> asking him to investigate the OIPRD for obstruction of justice. Because the OIPRD offices are in Toronto. He did not launch an investigation. So on June 06, 2019, I filed a complaint against him with the OIPRD. The OIPRD said in a letter from Minam Saksznaider Deputy Director dated September 13, 2019,\u00a0You indicate in your complaint that you have emailed Chief Saunders five times between May 15 and June 05, 2019, requesting that he launch a criminal investigation into the OIPRD director for covering up a complaint against the police, which you believe to be obstruction of justice. Your complaint is that Chief Saunders has done nothing about this. It appears from your complaint that you have concerns regarding the director\u2019s decision to screen out your previous OIPRD complaints. These screening decisions were an exercise of the director\u2019s discretion and were based exclusively on considerations outlined in the police services act.<\/strong><\/span> If you are dissatisfied with the reasonableness of the decisions, or if you believe that the director considered improper factors in reaching her conclusions, the appropriate forum in which to review these decisions is by way of an application for judicial review in the Superior Court of Justice. The Director\u2019s screening decisions, which were made within an administrative context; do not constitute an obstruction of justice because there is no judicial process that has been obstructed. <\/u><\/strong>As the Director has committed no criminal offense<\/strong> <\/span>by screening out your complaints, there is no offense for Chief Saunders to investigate. Therefore, his failure to investigate your concerns about obstruction of justice could not lead to a finding that there are reasonable grounds to believe that he has committed misconduct.<\/strong><\/span> For these reasons, your complaint will not proceed to an investigation and your file is now closed. The criminal code of Canada section 139 (2)<\/a>\u00a0does not say anything about an obstruction of justice having to be in a judicial proceeding for it to be an obstruction of justice<\/strong><\/span>. Toronto Police Headquarters Contact Information\u00a0Phone416-808-2222 oiprd@ontario.ca Toll-free phone: 1-877-411-4773<\/p>\n

22.<\/span> On June 08, 2019, I called the Hamilton police to file a criminal complaint against my boss Geoff Stanley for lying under oath which is perjury. The badge number of the police officer is 1325 and the other police officer\u2019s name is Pigeon They refused to take my complaint over the phone. There is no rule that says that the police cannot take a report of perjury over the phone<\/strong><\/span>. So on June 19, 2019, I filed a complaint against them. The OIPRD said in a letter dated September 13, 2019, from Risha Mistry,\u00a0you called the police to report a serious criminal offense. It appears that the police did not wish to take the report over the phone,which is within their discretion.\u00a0<\/u><\/strong>There is no indication that you were denied from providing your complaint in person to the police service. As such given the details as described in your complaint, the Director has decided that it would not be in the public interest to investigate your complaint. info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-4773<\/p>\n

Update of March 06, 2021<\/span><\/p>\n

23.<\/span>\u00a0There is a\u00a0memorandum of under standing<\/a>\u00a0between the Attorney General of Ontario and the OIPRD. Section 5c says. The Director is accountable to the Attorney General for the\u00a0performance of the OIPRD in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the Director by the PSA, Management principles, all Directives, and this MOU.<\/strong><\/span>\u00a0<\/strong><\/a>In 2016, I wrote to the Attorney General of Ontario asking him to investigate the OIPRD Director for covering up complaints against police. His office said that section 5c of the MOU does not apply because the OIPRD are independent of the government.<\/strong><\/span> I then wrote back to them saying In the MOU it says SCHEDULE 1 COMMUNICTIONS PROTOCOL II PRINCIPLES: The OIPRD exercises its legislated functions independent of the government, the Ministry, and the Attorney General,<\/strong><\/span> subject only to the precisions, limitations, and conditions set out in the PSA, other legislation governing the OIPRD. and this MOU. It says and this MOU so the MOU does apply.<\/strong><\/span> But they still say that they cannot investigate the OIPRD. So I then filed a complaint with the Ontario Ombudsman\u2019s<\/a>\u00a0office they said that the AG is right and that 5c of the MOU does not mean that the AG can investigate the OIPRD<\/strong>.<\/span> I then wrote to my\u00a0Member of Provincial Parliament MPP Andrea Horwath NDP\u00a0<\/a> Hamilton center her office said that there is nothing they can do. So I filed a complaint against the staff member with Andrea\u2019s office.<\/strong><\/span> I then called them and the guy that I complained about told me that they are not going to tell me the\u00a0results of my complaint<\/a>.<\/strong><\/span> Thinking that Andrea can say that she did not make the decision to not help me because her staff did not pass the message on to her. I looked up her address and sent her a registered letter. Which she signed for.<\/p>\n

And responded to it by saying I recommend you seek legal advice via a lawyer<\/strong><\/span> or contact the law society referral services for assistance. So she cannot say she did not know.<\/strong><\/span> If you Google responsibilities of MPPs in Ontario Canada you will find a Government website that says MPPs in Their Constituencies<\/strong><\/a>
\nWhen not at the Legislature, MPPs have a number of responsibilities in their home ridings such as meeting with constituents to listen to their concerns, helping to resolve matters related to provincial government services,<\/strong><\/span> and attending community events such as school openings or local fundraisers. This was in the letter I sent to her. It says that your MPP must help you with problems with Ontario Government services<\/strong><\/span>. So if your MPP refuses to help you without a legitimate reason then they have obstructed justice.<\/strong><\/span> If Andrea is your MPP call her and complain 905-544-9644 and email her ahorwath-co@ndp.on.ca If she is not your MPP you can call your own MPP. I also filed\u00a0 complaint against the Chief of Police in Hamilton. But the police services board refused to deal with my complaint. I also wrote to Lloyd Ferguson at the time he was Chair of the Hamilton police services board about the Chief of Hamilton Police doing nothing when I wrote to him about my MPP Andrea Horwath obstructing justice.
Mr. Ferguson<\/a>\u00a0said that the Chief of police cannot order a criminal investigation.<\/strong><\/span> Which is clearly not true. Please call and email the Attorney General of Ontario Tel 416 326 2220 Toll free 1 800 518 7901\u00a0 attorneygeneral@ontario.ca and complain. If they get enough complaints they will do an investigation into the OIPRD. attorneygeneral@ontario.ca Telephone toll free: 1-800-518-7901<\/p>\n

Update of March 11, 2021<\/span><\/p>\n

24.<\/span>\u00a0I then figured out the personal email address of the Ombudsman Paul Dube. Which is\u00a0\u00a0pdube@ombudsman.on.ca <\/a>Here is the Ombudsman’s contact information Toll-free (Ontario only): 1-800-263-1830 Email: info@ombudsman.on.ca<\/a> I emailed him from 2019 09, 30, to 2019 10, 15, he did not respond back. I then sent emails and called Jagmeet Singh’s office when he was the NDP Attorney General critic in Ontario part one<\/a>\u00a0part two<\/a>. He is now the federal NDP leader he did not respond back. I needed to get a message to the Attorney General of Ontario about the OIPRD covering up complaints against police. But the staff at the AG office will not pass the message on because they say that the AG cannot investigate the OIPRD because they are independent of the government. I also wrote to the Premier of Ontario Doug Ford he said that he cannot talk about the OIPRD because they are independent from the government. So he cannot pass on my message to the AG. So on April 09 2019 I went to the Ontario Legislature and interrupted it<\/strong><\/span> when the Attorney General Caroline Mulroney was sitting in the Legislature yelling out. That the Attorney General needs to do something about the OIPRD Director covering up complaints against police and Andrea Horwath has obstructed justice injusticeinontario.ca<\/strong><\/span> It is at the 24:52 mark in the video.<\/a>\u00a0About a month later I emailed the premier Doug Ford telling him what I did and that Caroline Mulroney the AG has not launched an investigation into the OIPRD Director so you need to fire her. He then fired her as AG.<\/strong><\/span> Then Doug Downey became AG. I then figured out the personal work email address of Doug Downey the new AG it is\u00a0Doug.Downey@ontario.ca<\/a>\u00a0I emailed him from 2020 03, 31, to 2020 12, 09, He did not launch an investigation. So I wrote to the Premier again asking him to fire the new AG but he did not.<\/strong><\/span> Not sure why not.<\/strong><\/span> Please write to the AG and complain that he needs to investigate the OIPRD. Attorney General contact information\u00a0Toll-free: 1-800-518-7901\u00a0<\/a>attorneygeneral@ontario.ca\u00a0<\/a>\u00a0<\/a>Here is the premiers email address premier@ontario.ca Please write to the Premier and complain that he needs to fire the new AG. I also tried to get Matthew Green<\/a> Hamilton city Councilor at the time who is now a member of parliament (MP) in Hamilton to help. I also tried to get Randy Hillier when he was Attorney General Critic. When Lloyd Ferguson\u00a0<\/a>was chair of the Hamilton police services board I put in a deputation request to speak to the board. In the request it talks about complaints against police being covered up. But Mr. Ferguson when reading the request he just kept saying that the complaints that were covered up all were appealed and the appeals a were all denied. So he was making it look like the complaints were not covered up. So the deputation requested was denied. So I then put in another deputation request and asked Tarry Whitehead city of Hamilton Councilor and at the time a member of the Hamilton police services board to read the request out loud. So that the people watching the police services meeting would know that the complaints were covered up. He refused to do it. Please call and write to the Ontario Ombudsman Toll-free (inside Ontario only): 1-800-263-1830 Outside Ontario 416-586-3300 email info@ombudsman.on.ca And complain. If they get enough complaints they will do an investigation into the Attorney General\u2019s office.<\/p>\n

Update of March 21, 2021<\/span><\/p>\n

25.<\/span>\u00a0On June 27, 2019, I filed a complaint against a Scott Moore Sergeant Badge number 574 of the Hamilton police saying.<\/p>\n

On February 25 I sent an email asking for an update on a criminal complaint against my MPP Andrea Horwath for obstructing justice.<\/strong><\/span> An officer of the Hamilton police replied that we do not have a history of a complaint of obstruction of justice against your MPP. I then sent him a copy of a phone call I had with 1 of the Hamilton police. He then replied that you have to go to a police station to file a report of obstruction of justice. I then got a reply from the\u00a0OIPRD<\/a> dated September 13, 2019, from Risha Mistry saying.\u00a0Your complaint does not indicate that Sergeant Moore engaged in police misconduct as he informed you that you had to attend a police station to submit your complaint about your MPP for obstruction of justice. Also, while it appears you may have had a phone conversation with another officer about the same matter previously, the police have the discretion to determine whether or not the information<\/span> provided to them requires action<\/span> <\/strong>and \/or if it should be documented in the form of a report. Given the details as described in your complaint, the Director has decided that it would not be in the public interest to investigate your complaint.<\/strong><\/span> info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

26.<\/span> On July 18, 2019, I filed a complaint against the Chief of Police in Hamilton Chief Eric Girt saying.<\/p>\n

On February 19, 2019, to April 11, 2019, I emailed the Chief of police in Hamilton, Ontario asking him to launch a criminal investigation into my MPP for obstruction of justice.<\/strong><\/span> Because she will not help me with a problem with the Attorney General\u2019s office.<\/strong><\/span> The Chief has not launched an investigation.\u00a0I then got a letter from Sylvana Capogreco from the OIPRD dated September 30, 2019, saying.<\/p>\n

While we appreciate you have matters that you wish to report, the Chief, in his role, would not be involved in directly taking reports or conducting investigations.<\/strong><\/span> Your concerns about criminal conduct being committed should be reported directly to officers who can investigate them, and not by email to the Chief, As such, given the circumstances as described in your complaints and considering the Chief\u2019s role, I have decided not to proceed with an investigation into your complaint against Chief Girt.<\/strong><\/span> info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

27.<\/span> On July 29, 2019, I filed a complaint against the Chief of Police in Hamilton, Ontario saying.<\/p>\n

On July 10, 11, 12, 15, 16, 17, and 18, 2019, I emailed the Chief of police in Hamilton about some of his officers obstructing justice.<\/strong><\/span> But he has done nothing about this. I then got a letter from Sylvana Capogreco from the OIPRD dated September 30, 2019, saying.<\/p>\n

While we appreciate you have matters that you wish to report, the Chief, in his role, would not be involved in directly taking reports or conducting investigations. Your concerns about criminal conduct being committed should be reported directly to officers who can investigate them,<\/strong><\/span> and not by email to the Chief, As such, given the circumstances as described in your complaints and considering the Chief\u2019s role, I have decided not to proceed with an investigation into your complaint against Chief Girt.<\/strong><\/span> info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

Update of April 03, 2021<\/span><\/p>\n

28.<\/span> I filed a complaint against the two officers who arrested me at city hall Officer Oosteroff and Officer Clavel saying.<\/p>\n

On June 13, 2019, I was arrested at City Hall in Hamilton, Ontario. I was arrested for trespass because I interrupted the police services board meeting. By yelling out Chief why are you covering up my criminal complaint against Andrea Horwath for obstructing justice? When I did this the Mayor of Hamilton Fred Eisenberger was there because he is the Chair of the police services board. <\/strong><\/span>When I was told to leave I refused to leave and was sitting in a chair the chair was bolted to the floor. <\/strong>The two officers that arrested me pulled me backwards and to my left.<\/span> <\/strong>So my ribs were pushed up against the armrest of the chair which gave me bruised ribs.<\/span> <\/strong>So I believe that they should have not pulled me that way.<\/span> <\/strong>After they put the handcuffs on me I refused to walk and the one officer (the one whose badge number is not 502) lifted my right arm up all most to the point that I was walking on my tippy toes which caused the handcuffs to dig into my wrists and leave a bruise on both my wrists.<\/span> <\/strong>As the officer was writing out the ticket (badge number 502) I said is this going to take as long as the meeting takes.<\/span> <\/strong>The officer then said are you going back into the meeting?<\/span> <\/strong>I said yes.<\/span> <\/strong>The officer then said he was going to write out a third ticket for breach of the peace.<\/span> <\/strong>And then he said that he can hold me until the meeting is over.<\/strong><\/span>\u00a0There is no law that says that they can hold me until the meeting is over.<\/span> <\/strong>So this is a case of kidnapping.<\/span> <\/strong>My complaint is against the two officers who arrested me for breach of the peace<\/span> <\/strong>and all the officers at the meeting when I yelled out Chief why are you covering up my criminal complaint against Andrea Horwath for obstruction of justice?<\/span> <\/strong>Because they all are police officers and none of them launched a criminal investigation into the actions of the Chief.<\/span> <\/strong>And my complaint is against the officers at the central station who knew that I was being held unlawfully.<\/span> <\/strong>And the officer at the central station who was in on the false imprisonment of me. (the officer be hide the desk) The one officer at the central station said something about the reason that they were holding me. He said this to make it sound like they had a good reason to hold me. The badge number of the officer who wrote the ticket out was 502. I then got a letter from Risha Mistry dated Oct 22, 2019, from the OIPRD saying.<\/p>\n

The OIPRD has assigned the investigation of your complaint to the Hamilton police service. The Chief of the Hamilton police service will be provided with a copy of your complaint, and a redacted copy will also be given to the respondent officers. I then got a letter from the Hamilton police saying that the officers did nothing wrong.<\/strong> I then appealed that decision to the OIPRD. In the letter from Stephen Leach dated May 04, 2020, the OIPRD Director.\u00a0He said that the officers did nothing wrong.<\/strong><\/span> In my complaint I said that the officer on my right lifted my right arm up higher than my left arm while I was handcuffed which left red marks on my wrist.<\/strong><\/span> In\u00a0this video you can see that the officer on my right has his hand up to my neck and his arm between my wrist and my back which caused my right arm to be higher than my left arm.<\/a> In the letter from the OIPRD it says.<\/p>\n

The Chiefs findings is that there was red markings on my left ribs, red markings on both wrists as well as an indentation on my left wrist.\u00a0<\/strong><\/span>The officer on my right having has hand up to my neck and his arm between my back and my arm is what caused the red marks on my wrists and the indentation on my left wrist. In the letter from the OIPRD it says The complainant then expressed that he intended on returning to the meeting, at which point he was arrested for breach of the peace<\/strong><\/span> and transported to central station. On this\u00a0website<\/a> it says that breach of the peace<\/strong><\/span> is an \u201cact or actions which result in actual or threatened harm to someone\u201d\u00a0<\/strong><\/span> which is not what I threatened to do. I threatened to interrupt the police services board meeting. A copy of the video was sent to the Hamilton police professional standards branch so they could do their investigation but for some reason, a copy was not sent to me until after I filed the appeal.<\/strong><\/span> I do not have a copy of the video from inside the police services board meeting. When I get it I will post it. info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

Update of April 18, 2021<\/span><\/p>\n

29.<\/span> When I was kidnapped in paragraph 28 the two officers took me to central station and searched me. When they searched me Officer Brian Clavel badge number 378 sexually assaulted me.<\/strong><\/span> In this website it says The offence of\u00a0sexual assault<\/a>\u00a0captures an extremely wide range of behavior. Any psychical application of force that is not consensual, and is done in\u00a0circumstances of a sexual nature,\u00a0can constitute a sexual assault.<\/strong><\/span>\u00a0<\/a>On this website it says To determine if an assault is sexual in nature, the court looks at the part of the body being touched, the nature of the contact,<\/strong><\/span> any words or gestures including threats accompanying the conduct, and the accused\u2019s intent or purpose, including the presence or absence of sexual gratifications. Sexual assault does not, however, require sexuality or sexual gratification<\/strong><\/span>. The accused\u2019s intent is only one factor to consider in deciding whether the overall conduct has a sexual context.<\/strong><\/span> Its importance depends on the circumstances. Touching someone\u2019s genitals while they are falsely arrested must be a touch of a sexual nature<\/strong><\/span>. In this website, it says What must the prosecutor prove in a sexual assault case? A sexual assault is established by the proof of three elements: (I)<\/span> intentional touching,<\/strong><\/span> (II) the sexual nature of the contact,<\/strong><\/span> and (III) the absence of consent.<\/strong><\/span> At the 6-minute and 40-second mark of this video,<\/a> the officer\u2019s right hand touches my genitals while I am falsely arrested which is sexual assault. Because the touch just has to be of a sexual nature.<\/strong><\/span> After I went home I called the\u00a0Special Investigations Unit (SIU)<\/a> in Ontario Canada they did an investigation. They did not say that the touch was not intentional because the Officer knew where his hands are,<\/strong><\/span> they said that the touch was a\u00a0fleeting touch so it is not sexual assault.<\/a>\u00a0<\/a>In this case\u00a0R. v. Arbuthnot, 2008\u00a0<\/a>the Judge said that fleeting touches are still sexual assault.<\/strong><\/span> I then figured out the SIU Director’s personal work email address which is\u00a0Joseph.Martino@ontario.ca<\/a> and sent him emails explaining that his staff are covering up my complaint.<\/strong><\/span> The SIU then called me and told me to stop emailing the Director.<\/a>\u00a0I then filed a complaint against the SIU\u00a0with the Ontario Ombudsman\u2019s office. This is what the Ombudsman\u2019s act says about what the Ombudsman\u2019s office does\u00a0Function of Ombudsman 14 (1)\u00a0<\/a>The function of the Ombudsman is to investigate\u00a0any decision or recommendation<\/strong><\/span> made\u00a0or\u00a0any act done\u00a0or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his, or her or its personal capacity. R.S.O 1990 c. 0.6, s. 14 (1); 2014, c. 13 Sched\/ 9, s. 6 (1).\u00a0<\/a>The Ombudsman\u2019s staff said that the SIU deciding whether or not to file charges against a police officer<\/strong><\/span>\u00a0is a legal question so they cannot investigate them.<\/a>\u00a0I then sent emails to the Ontario Ombudsman\u2019s personal work email<\/strong> <\/span>address which is Paul.Dude@ontario.ca He did not respond back.<\/strong> <\/span>Please contact the Ombudsman\u2019s office and complain. 1-800-263-1830 Email: info@ombudsman.on.ca The Ombudsman\u2019s act section 4. 2 says Suspension if Assembly not in session<\/strong>\u00a0(2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Ombudsman for cause.<\/strong><\/span> 2018, c. 17, Sched. 28, s. 2 (1). The members of the internal economy at the time was\u00a0John Vanthof New Democratic Party of Ontario<\/a>\u00a0and\u00a0Sylvia Jones Progressive Conservative Party of Ontario<\/a> Mr. Vanthof did not respond to my emails<\/strong><\/span> and Jones said. The Ombudsman\u2019s office has reviewed your complaint and issued a decision.<\/strong><\/span> I cannot overrule their decision\u00a0and will not be pursuing disciplinary measures with the Ombudsman.<\/strong> I then wrote to the Premier of Ontario asking him to ask for a vote in the Ontario Legislature when it sits again to remove the Ombudsman from office. He did not respond back. I then wrote to my\u00a0MPP Andrea Horwath<\/a>\u00a0asking her to ask the Ontario Legislature to remove the Ontario ombudsman from office.<\/strong><\/span> She did not respond back. I believe she is using the pandemic as a reason to not respond. I then called\u00a0CHCH News<\/a>\u00a0and asked them if they would do a news story about the SIU covering up my complaint. They said no.\u00a0info@hamiltonpolice.on.ca Reception: (905) 546-4772 siu.inquiries@ontario.ca Toll-free phone: 1-800-787-8529<\/p>\n

Update of April 25, 2021<\/span><\/p>\n

30.<\/span> On September 22, 2019, I filed a complaint against a Hamilton police officer saying.<\/p>\n

I went to the Hamilton police to see about having someone charged with perjury. I had transcripts from the trial. The officer said that there was not enough evidence because the person who lied corrected their memory a couple of minutes later<\/span>. <\/strong>But the person who lied was not correcting their memory they were reading an answer from the question and answer from discovery from the trial.<\/span> <\/strong>So the person did lie under oath. The person also had the motive to lie. Because the last sexual harassment complaint against me was filed on November 23, and I was not fired until December 12, of that year. So the person who was testifying has to come up with another sexual harassment complaint in order to justify me being fired on December 12<\/span>, <\/strong>Here is the link to the Supreme Court case about police discretion.\u00a0<\/a><\/strong>Here is what the Supreme Court says about police discretion. A police officer who has reasonable grounds to believe that an offense has been committed, or that a more thorough investigation might produce evidence that could form the basis of a criminal charge, may exercise his or her discretion to decide not to engage the judicial process. But this discretion is not absolute.<\/span> <\/strong>The exercise of the discretion must be justified subjectively, that is, the discretion must have been exercised honestly and transparently, and on the basis of valid and reasonable grounds, it must also be justified on the basis of objective factors. In determining whether a decision resulting from an exercise of police discretion is proper, it is therefore important to consider the material circumstances in which the discretion was exercised. The justification offered must be proportionate to the seriousness of the conduct and it must be clear that the discretion was exercised in the\u00a0public interest.<\/span>\u00a0<\/strong>I then got a letter from Risha Mistry of the OIPRD\u00a0 Dated January 13, 2020, saying.<\/p>\n

Please be advised, Police officers have the discretion to determine whether to lay charges.<\/span> <\/strong>In order to charge an individual with perjury, evidence demonstrating that the person deliberately lied would need to be provided. It would also be necessary to prove the lie independently of the individual\u2019s testimony. In this matter, the officer reviewed the transcripts you provided and felt that the witness did not deliberately lie because they corrected their answer a few minutes later<\/span>. <\/strong>Witnesses are permitted to change their answers if they realize that they may have made a mistake, which is what appears to have occurred as per the transcripts of the trial. Further, there is also no information or basis on which to believe that the officer committed misconduct by not laying perjury charges as he reviewed and considered the information you provided. As such, the Director has decided not to proceed with an investigation into your complaint as it is frivolous.<\/strong><\/span>\u00a0The OIPRD are saying that the person corrected their memory. This not true he was reading from a sheet of paper.<\/span>\u00a0<\/strong>info@hamiltonpolice.on.ca Reception: (905) 546-4772\u00a0oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

Update of April 26, 2021<\/span><\/p>\n

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\n

31.<\/span> On September 28, 2019, I filed a complaint against the Chief of Police in Toronto Chief Saunders saying.<\/p>\n

On September 15, 16, 17, and 20, 2019 I emailed the Chief of Police in Toronto with a copy of a complaint that was covered up by the OIPRD Director. Which is obstruction of justice. But the Chief has done nothing. <\/strong>Here is whatsection 139 (2) of the criminal code of Canada <\/a><\/strong>says Everyone who willfully attempts<\/span> <\/strong>in any manner other than the manner described in subsection (1) to obstruct, pervert, or defeat the course of justice<\/span> <\/strong>is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. Here is what theSupreme Court of Canada says about police discretion.<\/a>\u00a0\u00a0A<\/strong> police officer who has reasonable grounds to believe that an offence has been committed, or that a more thorough investigation might produce evidence that could form the basis of a criminal charge, may exercise his or her discretion to decide not to engage the judicial process.\u00a0\u00a0But this discretion is not absolute.<\/span>\u00a0 <\/strong>The exercise of the discretion must be justified subjectively, that is, the discretion must have been exercised honestly and transparently, and on the basis of valid and reasonable grounds; it must also be justified on the basis of objective factors.\u00a0 In determining whether a decision resulting from an exercise of police discretion is proper, it is therefore important to consider the material circumstances in which the discretion was exercised.\u00a0 The justification offered must be proportionate to the seriousness of the conduct and it must be clear that the discretion was exercised\u00a0in the public interest<\/span>.\u00a0<\/strong>I then got a letter from Mirian Saksznajder of the OIPRD dated December 13, 2019, saying.\u00a0The issue within your complaint has been raised in a previous OIPRD complaint that you submitted to our office, Our office previously advised you that the screening decisions for the OIPRD complaints were an exercise of the Director\u2019s discretion and were based exclusively on considerations outlined in the police services act. If you are dissatisfied with the reasonableness of the decision, or if you believe that the Director considered improper factors in reaching her conclusions, the appropriate forum in which to review these decisions is by way of an application for judicial review in the Superior Court of Justice. Further, as you were advised previously, the Director\u2019s screening decisions, which are made within an administrative context, do not constitute an obstruction of justice because there is no judicial process that has been obstructed.<\/span> <\/strong>As the Director has committed no criminal offense by screening out your complaints, there was no offense for Chief Sanders to have investigated.<\/span> <\/strong>Therefore, his failure to investigate your concerns about your allegation of obstruction of justice could not lead to a finding that there are reasonable grounds to believe that he has committed misconduct. Your complaint does not provide any new information that provided in your previous complaint to an investigation. Accordingly, your file is now closed. A redacted copy of your complaint and my decision not to proceed has been forwarded to the Chair of the Toronto Police Services Board<\/span> <\/strong>and Chief Saunders, for their records and information.<\/p>\n

There is nothing in section 139 (2) of the Criminal Code of Canada that says that the obstruction of justice has to be done in a judicial proceeding. Toronto Police Headquarters Contact Information\u00a0Phone 416-808-2222 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

Update of April 27, 2021<\/span><\/p>\n

32.<\/span> On October 04, 2019, I filed a complaint against a Peel Police officer saying.<\/p>\n

On September 06, 10, 16, 17, and 18 2019 I emailed a Peel Police officer asking if he has read the transcripts that I sent him. But he does not respond back.<\/span> <\/strong>I then got a letter from Risha Mistry from the OIPRD dated January 13, 2020, saying.<\/p>\n

You do not provide the name of the officer to whom you sent the emails to within your complaint. Further, you do not provide any information as to why you sent transcripts to the officer, what they related to, or why it would be important for the officer to have read and responded to the transcripts. <\/strong>On the face of your complaint, it lacks sufficient details that would warrant sending it for investigation.<\/span> <\/strong>For these reasons, the Director has decided to screen out your complaint as it is frivolous and lacking in substance.<\/span> <\/strong>A copy of your complaint as well as our decision not to proceed has been forwarded to the Chief of Peel Regional Police<\/span> <\/strong>for his record.\u00a0If the OIPRD needed more information about my complaint they could have sent me an email asking for it. oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

33.<\/span> On January 31, 2021, I filed a complaint against a Hamilton police officer saying.<\/p>\n

On December 01, 2000, I filed a lawsuit against Geoff Stanley, Klaus Niemeyer, Jim Stratton, and Joe Munro for defamation the case was filed in Hamilton Ontario. I was already suiting their employer for defamation in a court in Hamilton Ontario. For the way they terminated my employment and the things they said to unemployment insurance. The lawsuits were for defamation in the form of a libel that happened in January 1995, On May 29, 2001, the defendant’s Lawyer Mr. Harbridge (who was also the lawyer for the company the employer) filed three motions to have the lawsuits against the individuals thrown out of court.<\/span> <\/strong>The reasons for the motions were 1. The action is statue barred because the limitation period for libel is 3 months.<\/span> <\/strong>2. There was acase already existing against the company the employer for defamation.<\/span> <\/strong>3. There has already been an action against Geoff Stanley for the same thing which was dropped.<\/span> <\/strong>The motions were baseless and the Judge at the motions hearing denied the motions.<\/span> <\/strong>Here are the reasons that they were baseless.<\/span> <\/strong>The limitation period of three months is if you are suing a newspaper or broadcaster for libel.<\/span> <\/strong>The limitation period for suing for libel for defendants that are not a newspaper or broadcaster is six years.<\/span> <\/strong>see elaws_statutes_90l15_ev001 which says.<\/p>\n

Limitations Act R.S.O. 1990, Chapter L.15 \u00a0PERSONAL ACTIONS Limitation of time for commencing particular actions\u00a0(g)\u00a0 \u00a0 \u00a0an action for trespass to goods or land, simple contract or debt grounded upon any lending or contract without specialty, debt for arrears of rent, detinue, replevin or upon the case other than for slander,\u00a0<\/b><\/span>(there are two forms of defamation slender and libel so words other than for slender is libel<\/strong><\/span>) within six years after the cause of action arose,<\/span>\u00a0<\/strong>And the defendants are not a newspaper or a broadcaster.<\/span> <\/strong>At the motion hearing I had a law book all about limitation periods in the law book it says.<\/p>\n

In Ontario and Newfoundland, an action upon the case for words (slander) must be brought within two years after the words are spoken<\/span>, <\/strong>Actions upon the case other than for slander (libel) must be brought within six years.<\/span> <\/strong>I read out loud what the law book says and then the Judge asked me to hand the law book up to him and he read it out loud. And then Mr. Harbridge the lawyer for the defendants said this is what I have in my notes. In Ontario and Newfoundland, an action upon the case for words (slander) must be brought within two years after the words are spoken, Actions upon the case other than for slander (libel) must be brought within six years.<\/span> <\/strong>So the defendant\u2019s lawyer knew all along that the limitation period was six years.<\/span> <\/strong>And the case against the company the employer was filed three years after the publication of the written words that were sent to UI.<\/span> <\/strong>So if the defendant\u2019s lawyer Mr. Harbridge really thought that the limitation period was three months for libel he would have filed a motion to have the main case against the employer thrown out.<\/span> <\/strong>2. Mr. Harbridge did not cite any rule or case law in his book of authorities (case law book) that says you cannot sue two people for the same thing even if they both did it.<\/span> 3. <\/strong>The old case against Geoff Stanley was dropped before he was served with the statement of claim.<\/span> <\/strong>And the lawyer for the defendants Mr. Harbridge did not cite any rule or case law in his book of authorities (case law book) that says you cannot sue the same person twice for the same thing if the limitations period has not expired and you did not serve them with the statement of claim from the first case.<\/span> <\/strong>At the time that the motion was filed May 29, 2001, the main case against the employer had been going on for four years and we had already done discovery. So the lawyer for the defendant Mr. Harbridge knew at that point in time that there was enough evidence for the cases against the individuals.<\/span> <\/strong>So he knew that there was justice there to be obstructed.<\/span> <\/strong>I won all of the lawsuits so there was justice there to be obstructed.<\/span>Section 139 (2) of the criminal code of Canada <\/a><\/strong>says.<\/p>\n

Everyone who willfully attempts<\/span> <\/strong>in any manner other than the manner described in subsection (1) to obstruct, pervert, or defeat the course of justice<\/span> i<\/strong>s guilty of an indictable offense and liable to imprisonment for a term not exceeding ten years. The defendant\u2019s lawyer lied to the court and lying to the court to have a lawsuit thrown out is attempting to obstruct justice.<\/span> <\/strong>Because lying is wrong. In this case, DANIEL RAY DOWNEY V \u00a0HER MAJESTY THE QUEEN the accused was convicted of obstructing justice for using a fabricated document in the court of appeal to appeal his conviction. On August 26, 2020, I went to the Hamilton police to see about having the defendant\u2019s lawyer and or the defendants investigated for obstruction of justice. I went to the central police station in Hamilton at about 2:00 pm and the officer came outside of the station to talk to me because of the virus. He was not wearing his badge or his name tag. So I asked him to put his badge and name tag on he said if he goes back inside the station again he will be dealing with the people inside the station and it could be a while before he comes back outside.<\/span> <\/strong>So I asked him what his badge number is and he said 137. I then told him that I wanted an investigation into an obstruction of justice. I then told him what the lawyer for the defendants did he said that he has never heard of police investigating that kind of thing.<\/span> <\/strong>I then said to him the police investigate crimes and obstructing justice is a crime.<\/span> <\/strong>He then said he is not going to take a report about it and he just walked away and went back inside the station.<\/span><\/strong>I believe that the reason he would not take a report on it was because the courts are swamped and the police are under pressure to not add to it. He is about 6 feet tall and a black man. I believe that the security cameras will show us talking outside the station. The officer should have taken a report on it. <\/strong><\/span>In this caseJane Doe v. Metropolitan Toronto Commissioners of Police (1998 <\/a><\/strong>The court said Section 57 of the Police Act, R.S.O. 1980, c. 381, reads as follows: 57. The members of police forces appointed under Part II except assistants and civilian employees, are charged with the duty of preserving the peace, preventing robberies and other crimes and offenses, including offenses against the by-laws of the municipality<\/span> <\/strong>and apprehending offenders, and commencing proceedings before the proper tribunal, and prosecuting and aiding in the prosecuting of offenders, and have generally all of the powers and privileges and are liable to all the duties and responsibilities that belong to constables. (Emphasis added) This section imposes certain duties upon the police. They include (1) preserving the peace; (2) preventing crimes;<\/span> <\/strong>and (3) apprehending offenders. The police are charged with the duty of preserving law and order within our society, including the protection of the public from those who would commit or have committed crimes.<\/span> <\/strong>In this case, the Supreme Court of Canada said at paragraph 35<\/a> There is no question that police officers have a duty to enforce the law and investigate crimes.<\/span>\u00a0\u00a0<\/strong>Alain Beaudry Appellant and Her Majesty The Queen Respondent \u2011 and \u2011Attorney General of Canada and Canadian Professional Police Association Interveners The court also said in the case. A police officer who has reasonable grounds to believe that an offence has been committed, or that a more thorough investigation might produce evidence that could form the basis of a criminal charge, may exercise his or her discretion to decide not to engage the judicial process.\u00a0 But this discretion is not absolute.<\/span>\u00a0 <\/strong>The exercise of the discretion must be justified subjectively, that is, the discretion must have been exercised honestly and transparently, and on the basis of valid and reasonable grounds; it must also be justified on the basis of objective factors.\u00a0 In determining whether a decision resulting from an exercise of police discretion is proper, it is therefore important to consider the material circumstances in which the discretion was exercised.\u00a0 The justification offered must be proportionate to the seriousness of the conduct and it must be clear that the discretion was exercised in the public interest.<\/span><\/strong> It says in the public interest.<\/span> <\/strong>The officer, in this case, did not say anything about it being in the public interest for him to not take a report on the case.<\/span> <\/strong>Section 42 (1) of the police services act says Duties of Police Officer 42 (1) The duties of a police officer include, (a) preserving the peace; (b) preventing crimes and other offenses, and providing assistance and encouragement to other persons in their prevention;<\/span> <\/strong>(c) assisting victims of crime; (d) apprehending criminals and other offenders and others who may lawfully be taken into custody; (e) laying charges and participating in prosecutions;<\/span><\/strong> (f) executing warrants that are to be executed by police officers and performing related duties; (g) performing the lawful duties that the chief of police assigns; (h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing municipal by-laws; (i) completing the prescribed training.\u00a0 R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28. It says (b) \u201c<\/strong>preventing crimes and other offences\u201d In order to prevent crimes the police must arrest people who commit crimes<\/span>. <\/strong>When there is enough evidence for the arrest. This will deter people from committing other crimes.<\/span><\/strong>So it will prevent crimes. (1) Any chief of police or other police officer commits misconduct if he or she engages in, (vi) fails to report a matter that it is his or her duty to report, (vii) fails to report anything that he or she knows concerning a criminal or other charge or fails to disclose any evidence that he or she, or any person within his or her knowledge, can give for or against any prisoner or defendant, (viii) omits to make any necessary entry in a record, Section 81 (2) of the police services act says Withholding services (2) No member of a police force shall withhold his or her services.<\/span>\u00a0 <\/strong>2007, c. 5, s. 10. Offence (3) A person who contravenes subsection (1) or (2) is guilty of an offense and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.\u00a0 2007, c. 5, s. 10. <\/strong>I have the motion record and exhibits and the case law books from the motion hearing. I then got a letter from Andrea from the OIPRD dated March 02, 2021, saying.\u00a0<\/strong><\/p>\n

The OIPRD has reviewed your complaint and the concerns you have raised. However, based upon the information you have provided in your complaint, it appears the officer you spoke with determined in your conversation that no report was required<\/span>. <\/strong>While we appreciate that the manner in which officer responded to your concerns did not provide you with the results you felt were appropriate, <\/strong>police officers, in their role, are provided with an inherent discretion that allows them to determine when and if a report should be taken regarding an incident.<\/span> <\/strong>The police are not obligated to investigate all matters that are reported, especially if there are reservations about what is being reported. Further, taking into account the nature of the concerns raised and the passage of time, given that the incident originated approximately 20 years ago, <\/strong>the actions as described in your complaint would not be unreasonable such that investigation would be warranted.<\/span> <\/strong>In the circumstance, the Director has decided it is not in the public interest<\/span> <\/strong>to send your complaint for investigation. A copy of your complaint as well as our decision not to proceed has been forwarded to the Chief of the Hamilton police services for his record. There is enough evidence for charges because I have all the documentation from the motion hearing and I told the OIPRD this in my complaint. And I emailed them copies of the documentation.<\/strong><\/span> info@hamiltonpolice.on.ca Reception: (905) 546-4772 oiprd@ontario.ca Toll-free phone: 1-877-411-477<\/p>\n

34.<\/span>\u00a0In 2020 I emailed\u00a0Fred Eisenberger Mayor City of Hamilton<\/a>,\u00a0Nrinder Nann Councilor Ward 3 City of Hamilton<\/a> my city Councilor, and\u00a0John Tory Mayor City of Toronto.<\/a> And asked them all to contact the Attorney General of Ontario and ask for them to do an investigation into the OIPRD for covering up complaints against the police. Fred Eisenberger\u2019s office said I have shared your correspondence with the Mayor and their Advisors for review. Nrinder Nann’s office said Please feel free to share the information you have with me. John Tory\u2019s office said Our office does not have jurisdiction over the Attorney General of Ontario. That falls under the Government of Ontario.<\/p>\n

35.<\/span> If you are sending an email to someone and it is an email that they do not want to deal with it and you only send it one or two times they will say that they did not get it. So you must send them the original and then forward it to them for 15 business days or until you get a response whichever comes first then they will not be able to say that they did not get it.<\/p>\n

Update of May 18, 2021<\/span><\/p>\n

36.<\/span> In June 2019 I sent an email to the Chief of Police in Hamilton Ontario saying.<\/p>\n

Back in 2012, I sued the RCMP for refusing to do a criminal investigation and their lawyer filed a motion to have the case thrown out. He made the argument that it is not the job of police to do investigations. At the motion hearing there was Supreme Court case law that said that it is the job of Police to do investigations<\/strong><\/span> but Judge Carpenter Gunn granted the Motion anyway. <\/strong><\/span>I would like to have Judge Carpenter Gunn investigated for obstruction of justice.<\/span>\u00a0<\/strong>I have the transcripts of the hearing and the reasons for the Judgment. I then received an email from Gary Heron #824 Staff Sergeant Professional Standards dated June 26, 2019, saying.<\/p>\n

Thank you for your inquiry. If your complaint relates to a judge\u2019s conduct in the courtroom you can make a complaint to the Canadian Judicial Council.<\/span> \u00a0<\/strong>If you believe that a judge reached the wrong decision in your court case you may appeal to a higher court. I then emailed him dated June 26, 2019, saying.<\/p>\n

The judge’s decision was clearly wrong and against case law so it is obstruction of justice. In the Judge’s reasons for the decision, she does not explain how the Supreme Court decision was wrong. So clearly she has obstructed justice!! <\/strong><\/span>I then sent an email to Frank Bergen dated June 28, 2019, saying.<\/p>\n

Gary Heron sent me an email but he is not launching a criminal investigation. He says in his email\u00a0Thank you for your inquiry. If your complaint relates to a judge\u2019s conduct in the courtroom you can make a complaint to the Canadian Judicial Council.<\/span>\u00a0<\/strong>If you believe that a judge reached the wrong decision in your court case you may appeal to a higher court.\u00a0He has looked at the evidence but is not launching a criminal investigation. Clearly, he is giving me the runaround and this is obstruction of justice. So this is a criminal complaint against Gary Heron!! <\/span><\/strong>I then sent the email to him 10 times he did not respond back. In May 2021 he became Chief of police in Hamilton. Please email him and complain. fbergen@hamiltonpolice.on.ca\u00a0Reception: (905) 546-4772<\/p>\n

Update of May 19, 2021<\/span><\/p>\n

37.<\/span> On April 22, 2021, I called the Toronto police to have them launch an investigation into the Ontario Ombudsman\u2019s office for obstruction of justice for covering up my complaint with them against the SIU because the Ombudsman\u2019s offices are in Toronto. The Communications at the Toronto police<\/a> said that I should go to the Hamilton police for a crime that happened in Toronto<\/strong><\/span>. I then asked the person on the phone to put me through to an officer. He refused.<\/strong><\/span> I then asked his name but he would not tell me. I then emailed Interim Chief Jim Ramer in Toronto because the Chief can discipline the person from Communications who gave me the runaround.<\/strong><\/span> I emailed the Chief 15 times. With a recording of the phone call attached. The Chief did not respond back. Please email the Chief and complain. officeofthechief@torontopolice.on.ca Toronto Police Headquarters Contact Information Phone 416-808-2222<\/p>\n

Update of May 26, 2021<\/span><\/p>\n

38.<\/span> In paragraph 23 Andrea Horwath told me to seek legal advice to find out what section 5c of the memorandum of understanding means. I contacted a lawyer and asked what does section 5c of the MOU mean. He said Sir, I have now reviewed your situation further, along with the relevant sections from the Memorandum of Understanding between the Office of the Independent Police Review Director and Attorney General (the \u201cmemo\u201d). As I understand it, this matter arises from your termination from Magna and subsequent lawsuit. During the litigation, you caught your boss lying at discovery. You settled that lawsuit and signed a Release (as you did not want to cause problems for the other employee involved). The other employee (or her husband) subsequently passed away, after which (and around September 2019) you sought a police investigation into the perjury. Towards that end, you reported the crime to the Hamilton police and provided them with the transcript. When the police failed to investigate, you reported the same to the Office of the Independent Police Review Director (OIPRD). The OIPRD likewise failed to investigate, after which you reported the matter to the Attorney General, and asked them to investigate the OIPRD, pursuant to your understanding of section 5 (c) of the MOU. Section 5 broadly lays out that the OIPRD reports to the Attorney General, who himself reports to Cabinet (i.e. similar to how a janitor reports to a supervisor who reports to the branch manager). The OIPRD\u2019s mission is to receive, manage, and oversee all complaints about police in Ontario, in a manner that is \u2018transparent, effective and fair to both the public and the police.\u2019 While the Attorney General may be reporting to you that they \u201ccannot\u201d investigate the OIPRD, a more direct and accurate response would likely be that they simply will not. The Attorney General\u2019s office (like most) has limited resources, and they cannot investigate every complaint. I ran into a similar thing last weekend when my car was broken into, and the police asked whether I had it on video, and on learning I did not, told me to simply file a report. It might have been nice if the police canvassed the neighborhood and dusted for prints, but it was not a high enough priority or cost-effective, so was not done. In closing, my interpretation of the provision is simply that it sets out the \u2018chain of command\u2019 with the AG being above the OIPRD. I see no reason why based on that alone<\/strong><\/span> (I have not had a chance to review any of the other documents that would potentially apply) the AG could not investigate the OIPRD,<\/strong><\/span> in the event it so chooses. Likewise, in the absence of other documentation to the contrary, it would appear that the AG could replace the head of the OIPRD (or at least reset the direction). Candidly, I do not believe this is likely to happen with your case, as though it is very important to you, it is not going to be a matter of general public concern (as people in court frequently lie for a plethora of reasons). While not the answer you were looking for, I am hopeful that the above addressed your question. Michael Lesage. I emailed Andrea Horwath with what my lawyer said times starting April 22, 2021, but she did not respond back. I also emailed the Attorney General of Ontario\u2019s office starting April 22, 2021, about what the lawyer said. I emailed them 16 times they did not respond back.\u00a0 And where has the Ontario auditor general been all this time?<\/strong><\/span> horwatha-qp@ndp.on.ca<\/p>\n

Tel. 905-544-9644<\/p>\n

Update of June 01, 2021<\/span><\/p>\n

39.<\/span>\u00a0On March 03 2021 I sent an email to Lawyer Graydon Sheppard saying asking him to file a Judicial review of the OIPRD decision in paragraph 33 saying.<\/p>\n

Hi, I need a lawyer to do a judicial review of a decision of the OIPRD. I got the decision letter yesterday. Please see attached for the complaint and decision letter from the OIPRD, He wrote back saying.<\/p>\n

I have reviewed\u00a0the decision and do not believe that there is any\u00a0prospect of success. With this in mind, our office cannot consider\u00a0<\/strong>representing\u00a0you.<\/strong><\/span>\u00a0I then wrote back to him saying.<\/p>\n

Hi, Why do you think that I do not have a case? The Supreme Court says that police discretion has to be done in the public interest.<\/span> <\/strong>The OIPRD does not say how it was in the public interest for the officer to not take a report.<\/strong><\/span>\u00a0He then wrote back saying.\u00a0Given the age of the allegations, the exercise of discretion in my view was reasonable. <\/strong><\/span>Another lawyer may be of a different opinion.\u00a0I then wrote back to him saying.<\/p>\n

What does the age of the allegations have to do with anything?<\/span> <\/strong>I still have all the paperwork from the motion hearing.<\/strong>\u00a0<\/span>He then wrote back saying.<\/p>\n

Y<\/strong>ou will need to address these questions to another lawyer.<\/strong><\/span> I then wrote back to him saying. Rule number 4 of the rules of professional conduct from the Law Society of Ontario says.\u00a0[4]\u00a0Right to Decline Representation<\/strong><\/a> \u2013 A lawyer may decline a particular representation (except when assigned as counsel by a tribunal), but that discretion should be exercised prudently, particularly if the probable result would be to make it difficult for a person to obtain legal advice or representation. Generally, a lawyer should not decline representation merely because a person seeking legal services or that person\u2019s cause is unpopular or notorious, or because powerful interests or allegations of misconduct or malfeasance are involved,<\/strong><\/span> or because of the lawyer\u2019s private opinion about the guilt of the accused.<\/strong><\/span> I did not hear back from him. So on March 23, 2021, I filed a complaint against him with the Law Society of Upper Canada now called the Law Society of Ontario. I then got a letter from Wisy Mak Law Clerk Complaints & Compliance Client Service Centre Dated April 1, 2021, saying. The Law Society cannot compel a lawyer or licensed paralegal to represent a client, nor can we appoint a lawyer or licensed paralegal to assist you. Lawyers and licensed paralegals are not obligated to agree to represent every client who wants to retain them and they may have no obligation to explain their reasons. As you know, the Law Society does not provide legal advice, legal opinions, or legal services to the public. If you are still unrepresented and are having difficulty finding a lawyer or licensed paralegal, you may wish to access the Law Society Referral Service by visiting www.findlegalhelp.ca or by calling 416-947-3330 (toll free 1-800-268-8326). Please be advised that although we will continue to review your correspondence in this matter, we may not respond further unless there is new information that raises an issue that can be addressed by the Law Society.<\/span> <\/strong>As our office can take no further action at this time, we are closing our file.<\/strong><\/span>\u00a0Then wrote back saying.<\/p>\n

Where does it say that the law society cannot force a lawyer to take on a case?<\/span><\/strong> I then got a letter from him dated April 05, 2021, saying.<\/p>\n

Thank you for your email. As you may know, we do not provide advice and we do not interpret legislation for the public.<\/span> <\/strong>This includes the Law Society Act (Ontario) (the \u201cAct\u201d) (this is the Law Society\u2019s governing legislation that provides our mandate, the\u00a0Law Society\u2019s by-laws (the \u201cby-laws\u201d), and both the Rules of Professional Conduct and the Paralegal Rules of Conduct (together, the \u201cRules\u201d). The Act, the by-laws, and the Rules are all available on our website if you wish to review them (www.lso.ca). With respect to your question, we can only suggest that you may wish to seek independent legal advice about your inquiry.\u00a0Please note that although we will continue to review your correspondence, we will not respond further unless there is new information that raises an issue that can be addressed by the Law Society.<\/strong><\/span>\u00a0I have appealed the decision. The appeal was denied. lawsociety@lso.ca\u00a0Toll-free:\u00a01-800-668-7380<\/a><\/p>\n

Update of June 02, 2021<\/span><\/p>\n

40.<\/span> If you are going to the police to give them evidence do not give them your originals of your documentation, photos, or video. Especially if your evidence shows that a police officer has done something wrong. Because evidence against police officers that is in the possession of the police tends to go missing. If you gave a statement to the police ask for a copy of the written statement. So it will not go missing.<\/p>\n

Update of June 10, 2021<\/span><\/p>\n

41.<\/span> If you are suing someone you would get more money from the case if you settle the case out of court than you would get if you go to trial and get a judgment against the defendant. Because the defendant does not have the embarrassment of a conviction. If you get a lawyer to do the case and your lawyer says that instead of you paying them by the hour they will take a percentage of what you get from the case. Be wary, the lawyer may tell you that your case is not worth that much money. Say two hundred thousand dollars and then says that they will probably charge you one hundred thousand dollars. So he will take 50 percent. Then you settle the case out of court and get one million dollars. Then your lawyer will then get a half a million dollars. So if you get a lawyer who wants a percentage from the case. Ask him how much they think case law says you will get if you go to trial and get a judgment. (ask to see the case law)You must then make sure your agreement with your lawyer says that he gets 50 percent of what you get to a maximum of what he told you you would get if you go to trial and get a judgment. There are lawyers who will lie about stuff like this. I have also heard of lawyers that take a percentage having the client sign an agreement to tell the defendant to write out the cheque for the settlement amount to the lawyer’s name then the lawyer writes out a cheque to the client for their part. Some lawyers who do this do not write out a cheque for the client the lawyer spends the client\u2019s money. So if you have a lawyer who is taking a percentage have them write out an agreement telling the defendant to write out two cheques one in the lawyer’s name for the amount the they get and one in the client’s name. If your lawyer rips you off you can file a complaint with the Law Society of Ontario. Rule 3.6 of the professional conduct rules<\/a>\u00a0says<\/p>\n

Reasonable Fees and Disbursements<\/h3>\n

<\/a>3.6-1<\/strong>\u00a0A lawyer shall not charge or accept any amount for a fee or disbursement unless it is fair and reasonable and has been disclosed in a timely fashion.<\/p>\n

<\/a>3.6-1.1<\/strong>\u00a0A lawyer shall not charge a client interest on an overdue account save as permitted by the\u00a0Solicitors Act\u00a0<\/em>or as otherwise permitted by law.<\/p>\n

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Commentary<\/h4>\n

[1] What is a fair and reasonable fee will depend upon such factors as<\/p>\n

(a) the time and effort required and spent,<\/p>\n

(b) the difficulty of the matter and the importance of the matter to the client,<\/p>\n

(c) whether special skill or service has been required and provided,<\/p>\n

(c.1) the amount involved or the value of the subject-matter,<\/p>\n

(d) the results obtained,<\/p>\n

(e) fees authorized by statute or regulation,<\/p>\n

(f) special circumstances, such as the loss of other retainers, postponement of payment, uncertainty of reward, or urgency,<\/p>\n

(g) the likelihood, if made known to the client, that acceptance of the retainer will result in the lawyer\u2019s inability to accept other employment,<\/p>\n

(h) any relevant agreement between the lawyer and the client,<\/p>\n

(i) the experience and ability of the lawyer,<\/p>\n

(j) any estimate or range of fees given by the lawyer, and<\/p>\n

(k) the client\u2019s prior consent to the fee.<\/p>\n

[2] The fiduciary relationship between lawyer and client requires full disclosure in all financial dealings between them and prohibits the acceptance by the lawyer of any hidden fees. No fee, reward, costs, commission, interest, rebate, agency or forwarding allowance, or other compensation related to professional employment may be taken by the lawyer from anyone other than the client without full disclosure to and the consent of the client or, where the lawyer\u2019s fees are being paid by someone other than the client, such as a legal aid agency, a borrower, or a personal representative, without the consent of such agency or other person.<\/p>\n

[3] A lawyer should provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements, and interest as is reasonable and practical in the circumstances, including the basis on which fees will be determined.<\/p>\n

[4] A lawyer should be ready to explain the basis of the fees and disbursements charged to the client. This is particularly important concerning fee charges or disbursements that the client might not reasonably be expected to anticipate. When something unusual or unforeseen occurs that may substantially affect the amount of a fee or disbursement, the lawyer should give to the client an immediate explanation. A lawyer should confirm with the client in writing the substance of all fee discussions that occur as a matter progresses, and a lawyer may revise an initial estimate of fees and disbursements.<\/p>\n

[4.1]\u00a0<\/strong>A lawyer should inform a client about their rights to have an account assessed under the\u00a0Solicitors Act<\/em>.<\/p>\n

But the law society cannot make your lawyer pay you back. For that, you will have to file for an assessment hearing to have the lawyer\u2019s bill assessed.<\/p>\n<\/div>\n

Update of June 20, 2021<\/span><\/p>\n

42.<\/span> Back in 2018 I was studying defamation law and found a thing called compelled self-publication by the plaintiff.<\/strong><\/span> It means that the person who was defamed has to show someone a defaming statement about themself because they are compelled to do so. And the person who defamed them the first time can be sued for the second compelled publication done by the plaintiff. Like if you fill out a job application and in the application it asks the reasons you lost your last job. I then got job applications for Canadian Tire and Subway. And in the application, it asked the reason I lost my last job.<\/strong><\/span> I put down that I lost my last job for sexually harassing a female employee.<\/strong><\/span> I then filed a lawsuit against Magna International<\/strong><\/span> for defamation. Their lawyer then files a motion asking for the case to be thrown out of court. At the motion hearing, Judge Carpenter Gunn said that you were only compelled to say in the job application that you were fired and not the details of the firing.<\/strong><\/span> She is right and she threw the case out of court. She also told me to stop filing lawsuits because the courts are swamped. I then ordered the transcripts from the motion hearing. I read the transcripts and Judge Gunn took the part where she tells me to stop filing lawsuits because the courts are swamped out of the transcripts I then filed a complaint against the Judge with the Canadian Judicial Council saying.<\/p>\n

The courts in Ontario are swamped and the Police are under pressure not to add to it. And the police complaints system covers up complaints against police. So, I called the RCMP and asked them to investigate the Hamilton police for covering up crimes and the Ontario Civilian Commission on police services for covering up complaints against Police which is obstruction of justice The RCMP refused to do the investigations. So, in 2012 I filed a lawsuit against the RCMP because they refused to do the investigations. In the statement of claim, it says that the courts are swamped and police are under pressure not to add to it. The lawyer for the RCMP filed a motion to have the lawsuit thrown out of court. They made the argument that it is not the job of Police to do investigations.<\/strong><\/span> The Judge at the motion hearing was Carpenter Gunn. She agreed with the lawyer for the RCMP and threw the case out of court. In 2018 I filed a lawsuit against Magna International for defamation. Their lawyer filed a motion to have the case thrown out of court. The Judge at the motion hearing was Carpenter Gunn. She then threw the lawsuit out and said to my lawyer explain to your client that this court is more a criminal court than a civil court and to stop filing lawsuits because the courts are swamped. I ordered the transcripts from the hearing and the part about the Judge telling my lawyer to tell me to stop filing lawsuits was taken out of the transcripts. I believe that Carpenter Gunn took the part about her telling my lawyer to tell me to stop filing lawsuits because the courts are swamped out of the transcripts. I believe if you ask the court reporter to send you the originals of the transcripts the ones before the Judge can edit them it will show this. My complaint is that she should not have told me to stop filing lawsuits.<\/p>\n

I then got a letter from Marc A. Giroux Interim Executive Director Canadian Judicial Council Dated April 15, 2021, saying.<\/p>\n

Dear Mr. Burgiss: I am responding to your email of February 14, 2021, in which you make a complaint in respect of the Honourable K.A. Carpenter-Gunn of the Superior Court of Justice of Ontario. You allege that Justice Carpenter-Gunn stated during a hearing on January 16, 2019, to \u201cstop filing lawsuits.\u201d You also allege that a sentence was omitted in the transcript. The mandate of Council in matters of judicial conduct is to determine whether a recommendation should be made to the Minister of Justice, after a formal investigation, that a judge be removed from office by Parliament. The reasons for removal are set out in the Judges Act and address situations where a judge has become incapacitated or disabled from performing the duties of a judge. This can be as a result of age or infirmity, misconduct, a failure to execute the duties of the position, or being in a position incompatible with the functions of a judge. In certain cases, Council may recommend remedial measures or express concern about a judge\u2019s conduct. Council is not a court and has no authority to review a judge\u2019s decision and orders to determine whether the judge rendered a decision that is congruent with the law and or the evidence. Judicial decision-making and the exercise of judicial discretion are not issues of judicial conduct. It is open to a judge to comment about lawsuits that appear excessive or, for any reason, inappropriate in the context of a judicial proceeding. It is not for Council to review such comments. 2 \u2013 Whether a transcript is accurate or complete is not an issue that falls within the mandate of Council. The Council\u2019s Review Procedures provide an early screening process of complaints that falls under my responsibility. Having reviewed your complaint, it is my view that it does not warrant consideration by Council as it does not raise any issue of conduct on the part of Madam Justice Carpenter-Gunn. Yours sincerely, Marc A. Giroux Interim Executive Director.<\/p>\n

I then wrote back saying.<\/p>\n

Section 139 (2) of the criminal code of Canada<\/a>\u00a0says\u00a0Everyone who willfully attempts in any manner other than the manner described in subsection (1) to obstruct, pervert, or defeat the course of justice is guilty of an indictable offense and liable to imprisonment for a term not exceeding ten years. Section 139 (2) says attempts to obstruct pervert or defeat the course of justice. So an attempt to obstruct justice is a crime. Because you cannot try to stop someone from filing a lawsuit because the courts are swamped. When Judge Carpenter Gunn told me to stop filing lawsuits because the courts are swamped she is attempting to obstruct justice.<\/strong><\/span> If a Judge commits a criminal act in a courtroom she is presiding over this must be a misconduct by the Judge. When she edited the transcripts that I ordered and took out the part where she tells me to stop filing lawsuits because the courts are swamp she was trying to cover up the fact that she has attempted to obstruct justice<\/strong><\/span> and cover up any complaints that I may file against her is a misconduct. A Judge does not have discretion to interfere in a case they are not presiding over!!\u00a0They did not respond back.<\/p>\n

Update of July 18, 2021<\/span><\/p>\n

43.<\/span> I contacted Fred Eisenberger the Mayor of Hamilton mayor@hamilton.ca John Tory Mayor of Toronto \u00a0 Mayor_Tory@toronto.ca and Nrinder Nann my city Councilor nrinder.nann@hamilton .ca and said I have contacted the AG they refuse to do an investigation. You could put it on your tweeter account and then there may be a public outcry about it and then they will do an investigation. You could also bring this up at city hall.<\/strong><\/span> They all refused to do it.<\/p>\n

44.<\/span>\u00a0I\u00a0 have contacted black lives matter Canada \u00a0info@blacklivesmatter.ca<\/a> and said. Will you guys put a link to my website from yours? www.injusticeinontario.ca and will you protest the police complaints system in Ontario? They did not respond back.<\/p>\n

Update of August 02, 2021<\/span><\/p>\n

45.<\/span>\u00a0 Here is the video from Council Chambers in Hamilton the time I was arrested in paragraph 28 of this website. At the 19-minute and 27-second mark in the video,<\/a>\u00a0the officers try to drag me over a chair and this leaves me with bruised ribs.<\/p>\n

Update of August 21, 2021<\/span><\/p>\n

46.<\/span> In 2016 City News in Toronto, Ontario did a story about Toronto police threatening to seize the cell phone of a witness to a Toronto police arrest. City News interviewed a person from the Toronto police who said that the police cannot seize a cell phone under those circumstances.<\/strong><\/span> Section 346 (1) of the criminal code of Canada<\/a>\u00a0says Extortion\u00a0346<\/span>\u00a0(1)<\/span> Everyone commits extortion who, without reasonable justification or excuse and with intent to obtain anything,<\/strong><\/span> by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.<\/strong><\/span> What this means is if you threaten someone or accuse them of something that is not true to get them to do anything that you cannot legally force them to do.<\/strong><\/span> Or threaten someone or accuse them of something that is not true to stop them from doing something that they have a legal right to do.<\/strong><\/span> This is extortion. It says with intent to obtain anything. It goes on to say to do anything or cause anything to be done. I wrote to city news and asked them to do a story about the Toronto police officers committing extortion<\/strong><\/span> they said no. So police not committing<\/strong> a criminal\u00a0act\u00a0on the job is newsworthy but police\u00a0committing a criminal act<\/strong> on the job is not newsworthy. CityNews on Citytv: 33 Dundas St. East
\nToronto ON. M5B 1B8 (416) 599 \u2013 2489 (CITY)<\/p>\n

Update of September 18, 2021<\/span><\/p>\n

47.<\/span> Between July 23, 2021, and August 24, 2021, I emailed the Chief of Police in Hamilton, Ontario. saying.<\/p>\n

My website www.injusticeinontario.ca shows that some of your officers are covering up crimes because the courts are swamped and they are under pressure to not add to it. And that your professional standards branch is covering up complaints against your officers. Both these things are obstruction of justice.<\/strong><\/span> It also shows that the OCCOPS and the OIPRD are lying and covering up complaints against the Police.\u00a0\u00a0So can you please launch a criminal investigation?<\/strong><\/span> He did not respond back or launch a criminal investigation. So I then emailed every city Councilor in Hamilton Ontario saying. \u00a0\u00a0Between July 23, 2021, and August 24, 2021, I emailed the Chief of police in Hamilton, Ontario. saying.<\/p>\n

My website www.injusticeinontario.ca shows that some of your officers are covering up crimes because the courts are swamped and they are under pressure to not add to it. And that your professional standards branch is covering up complaints against your officers. Both these things are obstruction of justice.<\/strong><\/span> It also shows that the OCCOPS and the OIPRD are lying and covering up complaints against the police.\u00a0\u00a0So can you please launch a criminal investigation?<\/strong><\/span> He did not launch an investigation. Which is misconduct by the Chief. Because the Chief can clearly order a criminal investigation.<\/strong><\/span> Because he is in charge of all the investigators that work for the Hamilton police. The Office of the independent police review director (OIPRD) deals with complaints against police in Ontario. On their website it says<\/p>\n

Who Can Make a Complaint?<\/a><\/h3>\n

Anyone<\/strong>\u00a0who has had an interaction with police in Ontario can make a complaint. You do not have to be an Ontario resident to make a complaint.<\/p>\n

You can make a complaint about a police officer if you:<\/p>\n