Wednesday, September 20, 2017

Pleading April 2 2014

For years I could not read the pleadings  from when VGHA wanted to get a restraining order so I would never be able to access any VCHA properties. They were so hurtful and untrue. The allegations were so off the Bell curve...

I was reading just now paragraph 17 of the Petition.  You cannot make this up but a $800 an hour lawyer did..This $800 an hour lawyer was hired to tell the truth to the court.... an officer of the court (a lawyer) has to tell the truth in his pleadings.  The truth was available to him six months prior to his filing of the pleadings.

17.  One particular example of Ms. Laferriere'e violent and aggressive behavior occurred on October 21 2013.  On that day, Ms. Laferriere trespassed into the room of a resident other than Mr. Walker at GPC.  When asked to leave the facility, Ms. Laferriere refused, then later attempted to leave the facilty with Mr. Walker in his electric wheelchair.  Staff prevented Ms. Laferriere from removing Mr. Walker, and in response, Ms. Laferriere punched two staff members,attempted to hit staff with Mr.Walker's electric wheelchair, and bite the hand of a security guard.  Ms. Laferriere later punched a police officer in the face.

note # 1:  I had an invitation to enter Carolanne's space
note # 2:  no electric wheelchair (a serious weapon)
note # 3:  Mr. Walker wanted to go home. I did whatever my husband wanted.
note # 4.  I could not have bitten a security guard as I had no teeth capable of biting.
note # 5:  the police denied me punching them
note # 6:  it was I who phoned the police

VCHA was doing the right thing, they were denying my husband his charter rights.

The intent of this blog was to bring humour. Read again.

Tuesday, September 5, 2017

Case Planning Conference 5 September 2017

I attended the Case Management Conference.  It was very stressful.

Although according to SCR 5-2(7) CPCs are designed to foster full and candid discussions about all aspects of the action in which the conference is held, this did not happen.  Although I had points I wanted to discuss, I was not allowed to. Points that came to mind in the middle of the night.  I had to force talk about a court order that VCHA was suppose to have forwarded to me two months ago which VCHA did not.  In fact today the lawyer said that it was not even sent to the court for signature by the judge.  I am getting stormed at by a judge for failure to do what I was suppose to do but he did not storm at the lawyer for failing to do what he was supposed to do so I would know what I was suppose to do as per the Order.  At the June 29 2017 CPC I asked that the Order be sent to me by email and also by Canada Post. The judge agreed.  Neither happened.

I personally do not trust Canada Post or email when something is important. Murphy's rule, when something might go wrong, it will.  But at least by using two methods a litigant has a better chance of getting important documents.

Over the past three months, I attended chambers as an observer and lawyers would get default judgment orders because a party did not show up at an application. If you give only one address and you miss reading an email or a letter sent by post is delayed then if a party does not show up at a hearing, he loses.  Costs are awarded. In one case, the plaintiff only issued the notice of civil claim and after that she abandoned it.  The judge dismissed the case and gave the corporate defendant $8,000 costs. The plaintiff was a before kindergarden teacher at $15.00 an hour.  None of the lawyers ever said that they did anything extraordinary to contact the party like phone him to remind him of an upcoming application.  Winning by default, is not winning.  It only brings anger and distrust of the legal system.  How can you win or not win at litigation.  Everyone loses nor matter who wins.

Some of the same happened to me on March 12 2017.  I had to go to chambers on an application the next day.  I was stressed and I was fearful that I would sleep in.  So I decided that since this was VCHA's application that he could phone me and make sure I was coming.  I reasoned that it would be in the best interest of all parties that I attend at the hearing.  It was such an naive assumption.  After sending him an email to ask him to phone me at 8:00 am, he sent me a reply saying that he was not going to do that. This 28-year old lawyer was teaching me tough love.  I was born in 1945. So I had to force myself to stay awake all night.  Because I was tired and stressed, I came across at the hearing as incoherent and disorganized.  I lost.  I walked out of the hearing not knowing what was said. Subsequently, for another reason, the action became moot.  So it did not matter what happened in the March 13 2017 hearing.


Friday, August 25, 2017

Moral Turpitude

What Randy and I suffered at the hand of VCHA is best described  as moral turpitude.  It is not a crime but it is a subset.

Moral Turpitude. A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals. Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person's duty to another or to society in general.

Tuesday, August 22, 2017

Flashbacks August 22 2017

I have not been well this past time.  I wake in the middle of the night soaking wet.  This time I awoke thinking back to seeing  the conditions of December 26 2013.  The ambu bag that I used to save Randy's life in November 18 2013 was missing.  I remember asking for it but I was ignored.  An ambu bag is placed next to everyone's bed.  It is standard.  Always there.  An ambu bag is used if a patient gets into respiratory distress.  It was not there.  Randy was put on full code with the caveat that he was not to be removed from George Pearson Centre.  He was ordered by his physician that he was not go to acute (VGH) for treatment.  What is the point of being put on a full code if staff had orders that Randy was not to be removed from GPC.  They initially would not call 911.  I had to call 911.  Upon arrival 911 was very sharp with staff asking why did it take so long to call 911.  When Randy was in distress I told staff to call 911.  After 45 minutes 911 did not come so I called them. Full code means staff is to do everything possible to keep Randy alive.  Someone made a decision to ensure Randy's death was to be hastened: a slow code.  Slow codes are illegal.

Wednesday, August 16, 2017

Daphne Bramham and Bountiful (the FLDS)

On 13 August 2017 I attended a gathering where Daphne was speaking on the August 11 2017 decision of the court.  The court had sentenced Mr. and Mrs. Blackmore to jail for facilitating a polygamous marriage of their 13 year old daughter to a Mormon leader.

Daphne said that when abuse was suspected by hospital staff when children of Bountiful went to Creston emergency, the hospital was not allowed to contact the police. This directive came from the AG of BC. They were instructed to contact the Bishop Blackmore.

That must be the same protocol that the VPD has with VCHA.  On two occasions I was assaulted by VCHA staff and when the police (I had them called) both times), the police arrived and I told them that I wanted charges laid and nothing came of it. They assault me, they sit on me imprisoning me, they accused me of using a pen as a weapon.  But they would not phone the police.  And when the police finally came it was in response to its  non-emergency number which delayed their attendance.

VCHAstaff were following orders.  Following illegal orders went out with the Nuremberg trials.

The Bountiful protocol must exist between the VPD and VCHA.  VPD may attend but their function is only to calm and do nothing. . The police were so kind to me ... too kind. Their job was to calm me so that I did not insist on charges.  VPD did not investigate the black and blue brusings.They did not even talk to the attackers. Thinking back the VPD were very respectful as if they knew they could not do anything.  Much like the judge I faced on April 8 2014.  He would not grant VCHA the restraining order it sought but he did adjourn the matter for 30-days.  I still remember him loooking down at me as if to say he was sorry that was the best he could do.  Randy was comatose and he died five days later in ICU.

Therefore, VCHA has authority to be thugs and nothing will ever happen to them.  MLA Stilwell told me when I was being bullied by the VCHA in 2011, she could not help me as VCHA had its own government.

Thank you Daphne for pointing out the Bountiful protocol. Downloading policing powers to non-profits (churches and hospitals and the SPCA) is a slippery slope to a futuristic dark world that I want no part of.

Sunday, August 13, 2017

A reason why I can't get a lawyer.

This told me after I recently asked a lawyer for help:

Lawyers are required to serve their clients in a competent manner.  If a case is complicated and outside the lawyer's area of expertise, a lawyer may not be able to service the client in a competent manner -- this could lead to a finding of misconduct or liability in negligence.

Health care law is very complex,And there are very few lawyers that specialize in it.  Those that do work for the health auhority.

As a note.  I want to thank Master Baker (a judge) of the Supreme Court of British Columbia for explaining what proportionality means.  See internet.

So how did VCHA banning me for life from ALL VCHA properties in Randy's last weeks/months of life (VCHA knew he was activively dying)  protect VCHA and its assets from me.  Did the punishment fit the crime. And to doubly make sure that their assets were protected it had to engage the Public Guardian and Trustee  and others to revoke my power of attorney and representation agreement.  Thus I would be legally barred further from Randy.  I could not even advocate for Randy off site.  I had no legal standing.  No one would share information with me.

Randy was in a private room (under security) and I could have continued to see him without offending the  assets of VCHA. .The private room was deliberate because if Randy needed assistance staff would not hear him as Randy could not call out as he had a trach nor could he use a call bell. The private room was the most distant from the nurses station than any other room.  

And VCHA telling me that its assets are private property and VCHA can do what it wants without explanation is not a truthful fact.  VCHA is a creation of the provincial government thus it is a public body subject to constitutional safeguards..The simple test is who appoints the Board of Directors. 

I am still banned for life from all VCHA properties and was told that the banning would never be lifted.  Randy died in 2014.  I can't even visit a patient no mater what. 

Wednesday, August 9, 2017

Email February 12 2014

I came across an email dated February 12 2014 wherein Ro, the manager of George Pearson Center, was dictating that a visitor could only visit Randy for 10 minutes and not partake in any COVERT activity i.e. videotaping, no audio reording, no pictures.  GPC was imprisoning Randy, restricting his visitors, and saying that taking a picture is covert. It had no right to do this. How stupid is GPC. Randy had a right to have pictures taken of himself and his environment (his home).  I wanted pictures taken so I can see that he is okay.  But of course that is no allowed.  I get banned 24/7 from seeing Randy (because WorkSafe BC decided that employees of the GPC had to be protected from me)  and then I am not allowed to know what is happening to him. Others take pictures in GPC but anything to do with Randy was a no-no. What harm is there to taking a picture.  Ro would use any situation to create a situation. 

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