Thursday, August 6, 2009

Photos of YouTube Duck Shooters Wanted by Law Enforcement







Here are stories about the three men who heartlessly gunned down hordes of ducks including ducklings in either Saskatchewan or Alberta, and then posted their acts on YouTube:



The original poster of the video took it down and shut down the account, but a concerned citizen grabbed the video and posted it here, where it is still available as of this writing:


I used PhotoFiltre on screenshots from the video and grabbed good shots of two of the men, at least. And if they want to complain about my posting their faces, they can contact me through this site, and leave a phone number or address where they can be reached, eh?
August 08, 2009, 4:32 PM MST update: This just in, as of ten minutes ago: the three duck killers have been arrested. The Saskatchewan government credits the "unprecedented public reaction" to the duck killings for the tips which led to the arrest of the killers:

Friday, July 31, 2009

Round-up One of Justice Resources for the Poor

I have been collecting links to useful resources for those caught in difficult legal situations and who are not well off enough financially to afford adequate legal help (which would be most of us).

Here's the first set of those links:

1. Maintenance enforcement:
in Alberta, Canada: http://justice.gov.ab.ca/mep/help_find.aspx
in Ontario, Canada: http://www.mcss.gov.on.ca/mcss/english/pillars/familyResponsibility/debtors/list.htm

2. Alberta legal Information on divorce and resources: http://www.slsedmonton.com/family/information-about-divorce/#Reasons_Why_A_Judge_May_Not_Let_You_Get_A_Divorce

3. Canada Court Resources:
Federal Court information for litigants: http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Litigants

Alberta Court Information for litigants and others: http://www.albertacourts.ab.ca/

Canada Court and Justice links to a free and wide range of case law (court judgments), Canadian provincial and federal legislation, information and legal resources: http://www.albertacourts.ab.ca/Home/Links/tabid/73/Default.aspx

4. Access to Canadian adoption records:
http://www.mcss.gov.on.ca/mcss/english/pillars/community/programs/adoptInfo/index.htm

5. Help and redress for torture survivors (international):
http://www.redress.org/index.htm

6. Dealing with Drugs:
How to tell if your neighbors are cooking meth: http://www.redress.org/index.htm

Homes with a criminal past: http://www.nytimes.com/2009/07/14/us/14meth.html?_r=1

7. Who to go to for unresolved concerns regarding the competency of a public-school teacher in Alberta: http://www.edmontonjournal.com/life/Teacher+competency+monitored/1799811/story.html

8. Free legal resources for Canadians: http://advicescene.com/

Friday, May 29, 2009

Justice Martin materials, Doug Horner, Grant MacEwan College

I can see that there is a great deal of interest in the Justice Martin materials on this site. However, I received a letter two weeks ago from Alberta Advanced Education Minister Doug Horner, in response to a request from Alberta Premier Ed Stelmach, regarding a post of mine about the Alberta Auditor General's April 2009 report on issues "of concern" at Grant MacEwan College: http://fakirscanada.spaces.live.com/blog/cns!BCDFFB6F4CF5AAB!789.entry . Unfortunately for those more interested in Justice Martin, the ongoing problems at Western Canada's largest tax-payer-funded public college take priority. Therefore, I am devoting the bulk of my free time to preparing a project in response to Doug Horner's May 07, 2009 letter to me on the subject of MacEwan.

However, if any of those primarily interested in Justice MacEwan are registered members of the bar (or judges), they can write me at fakirscanada@shaw.ca and request copies of any of the materials cited, and I will send those to them asap. I am prepared to send pages of the court trans-cripts and transcript ID's. I'm not prepared to scan and send the hundreds of pages that make up the total transcripts - if I was prepared to do that at this point, then I would just finish my posts on Justice Martin. But I can give the ID numbers and relevant pages. Leagle beagles don't have to give me a reason for their request (even if the idea is to sue me for some reason). But I do need to be able to confirm the position of the person who is making the request. Hope this helps the frustrated.

Thursday, April 16, 2009

Run-in with Justice Peter Martin: summary of what is to come

One valid criticism the commentator quoted below* could have made (and didn't) is that, surely, after so many delays, readers are entitled to know what's coming.

Here, then, is a summary, with short descriptions of the records to be cited:

The direct connection between Alberta Justice Peter W.L Martin and me was a hearing to determine if I had received all of the records a legal adversary of mine should have given me and claimed to have given me.

Before the hearing took place:
In a telephone conference with me and opposing counsel, Justice Martin stated that he had not yet read our “briefs” [which included pleadings, factums and attached records, totalling 1879 pages, according to my manual count]. The next morning, we received a fax from Martin, stating he had read the pleadings. [Source: fax from Justice Martin’s office]


Justice Martin had previously told opposing counsel and me that he was also in another trial at the same time. [source: court transcript of telephone conversation with Peter Martin and opposing counsel]

I later calculated that in order to read the briefs at one go, and assuming that he began after his other trial adjourned, it would have taken him 31 hours to read through all of the pages in the briefs at the rate of one page per minute. So it seems clear to me that he would not have been able to actually read overnight all of the pages in the briefs.

In my opinion, the Alberta case law on judicial immunity from malice/ill-will torts would tend to foster and support the growth of arrogance in judges. [Source: http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2014.%20S.G.%20v.%20Larochelle,%202004%20ABQB%20123%20immunity%20from%20malice.pdf ]

The next thing of note days before the actual hearing was the startling arrival at my home of a courier with a package from the opposing party, with records and a letter stating that I "may not have received" all of the records I had demanded. The letter further stated that copies of the letter had been sent to opposing counsel and to Justice Martin. [Sources: courier receipt, letter, records from the opposing party]

In his subsequent ruling that I had in fact received all of the records I had demanded at the time of my demand, Justice Martin made no mention of that johnny-come-lately package of records and letter from the opposing party. [Source: ruling on demand for records from Justice Martin]

The next surprise was on the day of the hearing, when Justice Martin abruptly announced in court that he did not have my original complaint/brief with him; and, further, he did not think he had received it. [Source: court transcript of hearing]

After the hearing, I sent two emails to Justice Martin's office, requesting confirmation that he had not received the brief I had personally delivered into the care of the trial coordinator at the Edmonton courthouse. Although Martin's assistant promptly acknowledged the emails, I received no answer from Martin himself. [Source: emails with Martin’s assistant]

Finally, with the help of his then-assistant, I demanded and received an appointment to query Peter Martin, on the record, by telephone conference, in which said conference, counsel for the opposing party participated. [Source: emails with Martin’s assistant]

During that telephone conference, Peter Martin agreed that, contrary to what he had stated in a fax before the hearing, he had in fact not read my original and main brief on my complaint about records before the hearing regarding the same. [source: court transcript of telephone conference]

[Reference: Alberta Court of Appeal Notice to Legal Profession re the importance of factums being read by judges as a condition of judicial fairness]

In his subsequent ruling, Peter Martin stated that I had received all the documents I had demanded when I had demanded them. His ruling flatly contradicted the evidence which the opposing party had stated shortly before the hearing that it had sent to him. [Sources: Martin ruling on records, written admission from opposing party]

Other statements made by Justice Martin contradict the written evidence available to him in that brief of mine which he later agreed he had not read before the hearing. [Source: Martin's ruling on my hearing, my copies of official records provided from other parties]

Appendix 13, 'more Alberta Justice,' does not concern acts of Peter Martin, but does concern a related matter.

*http://poormansjustice.blogspot.com/2009/02/peter-martin-post-appendix-1-fame.html



Monday, February 9, 2009

Peter Martin Post, Appendix 1: Fame Through R. v Fujii

I have just received a comment that is of relevance to this series of posts on Peter Martin from an anonymous poster who used the nome de guerre "Pal 0' Marnie" to hide be-hind. I am posting the comment here in full, along with my reply to that person. (The comment may also be read in full where that person posted it, on the March 07 post in my fakirscanada.blogspot.com blog.)
Here is the comment in full that was posted by the person using the nome de guerre "Pal o' Marnie:"
"Let's put to one side all the weird shit about the devil. Your comments about Peter Martin are inaccurate and probably actionable. He is not married to Sheila Martin. Does the truth matter to you, or are you so wrapped up in your little weird world that you've lost track of objective reality?
Freak!"


And here is my reply in full to that person:
"Thank you for your comment. I will look into your claim that the Martins are not married, as it was my understand-ing that they are. Other than the issue of marriage, I chal-lenge you to show me any comments I have made that are untrue, or actionable. (And saying that they are married is hardly actionable in and of itself.) Whoever you are, you know nothing about libel law. What we do know about you, however, is that you are a liar and a coward - you are clearly not a "pal" of mine - and you don't have the guts to post your real name with your hostile comments. I stand by what I say with my name. I stand by what I say with my name. If the truth really mattered to you, you would-n't be afraid to take a stand on it with your name. If I am, as you say, a "freak," better to be that - than a confirmed liar and coward like you.

Marnie Tunay Fakirs Canada FakirsCA"

I am presently setting out the structure of fourteen appendices connected to a post on lessons I learned from Alberta Justice Peter W.L. Martin. The appendices impelled the need to create this blog, in order to prevent their takeover of my other blogs. I hope to have the content in the appendices and the related post: http://fakirscanada.spaces.live.com/blog/cns!BCDFFB6F4CF5AAB!717.entry completed within the next week. After that project is completed, I intend to develop the content of this blog with respect to related items around the issue of what 'justice' means for those in Canada who can't afford high-priced lawyers (which would include most of us) when a legal issue arises. Thank you for visiting this, my newest blog. Please check out my other, more developed sites: http://fakirscanada.googlepages.com/
and http://fakirscanada.spaces.live.com/default.aspx and come back soon. Best wishes, Marnie Tunay, blog owner.

Part One - Details:

Alberta Justice Peter W.L. Martin* is perhaps best known to the Canadian public for his highly controversial ruling http://calsun.canoe.ca/News/Columnists/Bell_Rick/2006/05/05/1564947.html
in 2002 on R v. Fujii,
http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2001.%20%20R.%20v.%20Fujii,%202002%20ABQB%20805.pdf
the case of the mother who chose to let her babies slowly starve to death while she partied with her new boyfriend: http://www.fact.on.ca/news/news0206/vc020621.htm

On page 11, para. 54 of his ruling, he makes the astounding suggestion that the father of the babies, who had been barred by the mother from seeing the children during the four months prior to their deaths, was somehow morally more responsible for their deaths than the mother who chose to: leave them alone for ten days and lie repeatedly to her boyfriend about their welfare; and who, according to a psychiatrist who testified at her trial, "seemed happy that they were dead."

Despite that testimony and a great deal more concerning the mother's total lack of remorse, Peter Martin rules in paragraph 54 that the children had the "misfortune to be born to a mother who could not care for them and a father who would not."
http://www.fact.on.ca/news/news0206/ch020621.htm
http://www.fact.on.ca/news/news0106/ch010609.htm

Martin then convicts her of manslaughter instead of the alternative charge of murder: http://www.cbc.ca/canada/story/2001/08/15/fujii_new010815.htmlsentences
and he sentences the mother to what ends up being a grand total of four years in prison with subsequent release into the "custody" of her parents back in Japan: http://www.cbc.ca/canada/story/2006/05/08/fujii-deportation.html

That's two years in prison per baby, folks, - and it's two years less than the time given to Conrad Black in New Jersey for helping himself to a few extra "non-compete" bonuses. Good to know what's important in Canada, eh?

* There is a photo of Justice Martin and a fawning blurb written by a member of the Alberta Bar Association on page 06, here: http://www.cba.org/Alberta/PDF/Newsletter-Apr2006.pdf

Peter Martin Post, Appendix 2: S. Martin and Kellogg Brown & Root

In 2006, Alberta Justice Sheilah Martin decided that Kellogg Brown (and) Root had discriminated against a pot smoker when it fired him for testing positive for the drug. According to Justice Martin, KBR should have "accommodated" his "perceived disability" of being an admitted recreational pot smoker, and warned him, for gosh sakes, that it was going to test him for the presence of cannabis.

Here is a copy of her ruling on Alberta v. Kellogg Brown (and) Root 2006 ABQB 302: http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2002.%20%20Alberta%20v.%20Kellogg%20Brown%20%7C0%20Root%202006%20ABQB%20302.pdf

Here are some good analyses of her decision and the subsequent Appeal which overturned her decision:
http://ablawg.ca/2008/01/12/court-of-appeal-sends-court-of-queen%E2%80%99s-bench-decision-to-rehab/

http://www.industrymailout.com/Industry/View.aspx?id=73141&print=1&p=0b90

Here is a news report of a deadly train crash by missed procedures on the part of several train employees, one of whom tested positive for marijuana: http://ohsonline.com/Articles/2008/03/Missed-Procedures-Caused-Fatal-2007-Train-Crash-NTSB-Rules.aspx

Here are several reports of studies which show a strong connection between industrial accidents and absenteeism, and illegal drug use, particularly, marijuana use: http://query.nytimes.com/gst/fullpage.html?res=9C0CE5D71638F93AA15752C1A966958260&n=Top%2FReference%2FTimes%20Topics%2FSubjects%2FM%2FMarijuana

http://www.masschiefs.org/PDF/MDAA%20Website%20Update%20October%202008.pdf

http://www.cedro-uva.org/lib/harrison.cannabis.08.html

http://www.nida.nih.gov/ResearchReports/Marijuana/Marijuana4.html

Her husband*, Justice Peter Martin, did not sit on the three-member panel that overturned Sheilah Martin's decision:
http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2003.%20Alberta%20v%20Kellogg%20Brown%20%7C0%20Root%202007%20ABCA%20426.pdf

Given the strong indicators of a meaningful connection between the sky-high percentage of industrial workers in Alberta who admit to using illegal drugs and the alarmingly high number of industrial accidents per year in Alberta, one might think the Court of Appeal's decision should have been a no-brainer:
http://www.shepellfgi.com/EN-CA/AboutUs/News/Research%20Report/pdf/ir_oilandgasindustry_en_report_SFGI2005.pdf

*[April 02, 2009 update: The statement that the Martins are married has just been disputed:
I have just received a comment that is of relevance to this series of posts on Peter Martin from an anonymous poster who used the nome de guerre "Pal 0' Marnie" to hide be-hind. I am posting the comment here in full, along with my reply to that person. (The comment may also be read in full where that person posted it, on the March 07 post in my fakirscanada.blogspot.com blog.)Here is the comment in full that was posted by the person using the nome de guerre "Pal o' Marnie:""Let's put to one side all the weird shit about the devil. Your comments about Peter Martin are inaccurate and probably actionable. He is not married to Sheila Martin. Does the truth matter to you, or are you so wrapped up in your little weird world that you've lost track of objective reality?Freak!" And here is my reply in full to that person:"Thank you for your comment. I will look into your claim that the Martins are not married, as it was my understand-ing that they are. Other than the issue of marriage, I chal-lenge you to show me any comments I have made that are untrue, or actionable. (And saying that they are married is hardly actionable in and of itself.) Whoever you are, you know nothing about libel law. What we do know about you, however, is that you are a liar and a coward - you are clearly not a "pal" of mine - and you don't have the guts to post your real name with your hostile comments. I stand by what I say with my name. I stand by what I say with my name. If the truth really mattered to you, you wouldn't be afraid to take a stand on it with your name. If I am, as you say, a "freak," better to be that - than a confirmed liar and coward like you.Marnie Tunay Fakirs Canada FakirsCA"

Peter Martin Post, Appendix 3: Other Appeals of Sheilah Martin Rulings

Peter Martin did not sit on the Court of Appeal's three-member panel that overturned Sheilah Martin's decision in Alberta v. Kellogg Brown & Root 2006 ABQB 302 [See appendix 2].

Nor was he on the panel that overturned her decision in Asgarpour v. Canadian 88 Energy Corporation, 2008 ABCA 322:
http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2004.%20%20Asgarpour%20v.%20Canadian%2088%20Energy%20Corporation,%202008%20ABCA%20322.pdf
wherein the Court of Appeal declared in para. [2] "There was no procedural foundation for the order of the chambers judge.” and in para. [4] “………We allow the appeal. We make no comment on the correctness of the interpretation put forward by [S. Martin].”

Mrs. Martin fared better in yet another appeal, in which her husband*, Peter did sit on the Appeal panel:

De Shazo v. Nations Energy Company Ltd., 2006 ABCA 400: http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2005.%20De%20Shazo%20v.%20Nations%20Energy%20Company%20Ltd.,%202006%20ABCA%20400.pdf

In para. 5 of its decision in DeShazo, the Appeal Court panel - which included husband Peter Martin - quotes Sheilah Martin: "This is an appropriate case to exercise that inherent jurisdiction as we have a plaintiff who has chosen this jurisdiction. He has lost in the Court of Appeal, and when the issue of the summary judgment concerning other defendants was pending, he discontinued his action. While discontinuance is a right of the plaintiff, it is subject to an overarching fairness to all parties concerned that is policed through the inherent jurisdiction of the court. In this particular instance, I therefore will claim jurisdiction despite the filing of the discontinuance."

In response to the statements by S. Martin set out above, the Appeal Court panel remarks in para. [7] that "Discontinuances are dealt with in R. 225 which reads:
225(1) The plaintiff may at any time before entry for trial by notice in writing wholly discontinue the action against all or any of the defendants or withdraw any particular claim or claims made by him in his Statement of Claim as against any or all of the defendants, and thereupon he shall pay that defendant’s taxed costs of the action, or if the action is not wholly discontinued, the taxed costs occasioned by the matters so withdrawn. As can be seen, the Rule is absolute in its wording and does not mention any limitations on the plaintiff’s right to discontinue.”


The appeal of S. Martin's decision, however, was dismissed.

Two other appeals of Sheilah Martin rulings, where Peter Martin sat on the Appeal panel, were similarly dismissed:

Kristal Inc. v. Nicholl and Akers, 2007 ABCA 162: http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2006.%20Kristal%20Inc.%20v.%20Nicholl%20and%20Akers,%202007%20ABCA%20162.pdf

C.O. v. Alberta 2008 ABCA 383: http://cid-0bcdffb6f4cf5aab.skydrive.live.com/self.aspx/The%20Honourable%20Mr.%20Justice%20Peter%20Martin/Ref%2007.%20C.O.%20v.%20Alberta%202008%20ABCA%20383.pdf

[April 02, 2009 update: the statement that the Martins are married has just been disputed. See the April 02 update at the end of: http://poormansjustice.blogspot.com/2009/02/peter-martin-post-appendix-2-s-martin.html
for the details, such as they are.]