Another Week

I apologize again for not writing. It is just that I have so little energy that I can't seem to do anything. I have so many things go through my mind but yet I have a writer's block. I am sure it will pass. There is so many things happening ...
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Why governance is failing

I keep thinking about why democracy is failing and it always goes back to non-profits/societies. Non-profits are where the politicians learn their trade. And that is why good people do not want to participate in non-profits or higher levels of governing. Once you realize that a non-profit is or has the potential of being corrupt you do not want to be part of it. It is too draining both emotionally and financially unless of course you are the one controlling the non-profit or gaining some reward from being part of it: like group love and affection. When those that are taught how easy it is to do not to do the right thing and then they can filter their way into higher government positions like city hall, the provincial and federal governments, there is no hope. It is a true conspiracy of silence. Have you ever heard of one non-profit being critical of another non-profit. Need I say more. I remember asking a MLA about the failure of DERA to give me its membership ship list and he agreed that DERA was right and he knew I was a director. This was a man who rose through the ranks of non-profits. The purpose of a membership list is so that other members can communicate with each other so that there is some measure of fair exchange of ideas and for checks and balances. Refusing to allow members access to a membership list is the worst thing any organization can do. It is the members that run a non-profit not a hired employee (executive-director). Do not think funders are going to protect as they themselves are mostly non-profits.
THE REASON WHY THE BYLAWS OF SOCIETIES HAVE TO BE UNIVERSAL IS BECAUSE SOCIETIES ARE A PLACE WHERE GOVERNANCE HAPPENS AND IT HAS TO BE THE SAME SO ALL UNDERSTAND IT IS A PLACE TO LEARN AND PARTICIPATE IN GOVERNMENT OK AT LOW HIERARCHICAL SCALE. ALL GOVERNMENTS -- CITY, PROVINCIAL, FEDERAL ARE ALL SOCIETIES FORMED FOR THE PUBLIC INTEREST AND THUS ALL SOCIETIES HAVE TO HAVE THE SAME GOVERNANCE RULES. WHAT IS BEING PROPOED THAT THE NEW SOCIETY ACT 2012 CONTAIN A PROVISION THAT TO MET THE PUBLIC INTEREST CRITERIA THAT ONLY ONE DIRECTOR BE ALL THAT IS NEEDED. THIS ALSO MEANS THAT A SOCIETY ONLY HAS TO HAVE ONE MEMBER.THE ACT WILL ALSO GIVE BOARDS TOO MUCH POWER SO THAT THEY DO NOT HAVE TO OFFER INFORMATION TO THE PUBLIC OR EVEN THEIR OWN MEMBERS. THIS IS TOTALLY BIZARRE. WE ARE GOING TO HAVE 26,000 CELLS WHICH COULD BORDER ON TERRORISM WHICH WOULD BE LAWFUL. DONATED AND TAXPAYER MONEY WILL BE DIRECTED TO AND PAID ON ON THE WHIM OF ONE PERSON. POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY.

Not well.

I have been extremely under the weather these past weeks and it seems to be getting worse. I hope in my absence guest bloggers from the City will submit posts so they can be posted here.

I received an email from the Association of Neighbourhood Houses stating the the DTES Neighbourhood House is not of its Association and that the DTES Neighbourhood House is independent. I wonder if the funders of the DTES Neighbourhood House are aware of this salient fact.

Closures of Group Homes

Is this really about closing group homes or is it that the non-profits are not providing what they are saying they are suppose to be doing and it is easier for the government to close them down then expose/prosecute them for abuse by neglect. I was told recently by three workers of group homes for adults that the government wasn't giving them enough money and they had to cut down on the purchase of food. But then that is what DERA kept saying BCH that is did not give it enough money to operate. At $100,000 per group home resident I find not having enough money for food hard to believe and they having to rely on food banks deployable. But then knowing how easy it is for E/Ds to be legally corrupt, I have to ask. Any comments, please direct them to me. audreylaferriere@yahoo.ca

City Council Thursday 23 September 2010

Short read given to City Counsel on Thursday about the need for better shelters and the change of the status quo.

To be most humanistic and cost effective we have to know what the HOUSING FIRST model really means. It does not mean to put a homeless person in a shelter or in a SRO or in a transition house or in a supportive unit and say that this is HOUSING FIRST and your new home. The homeless must be in a temporary well run shelter system first then they go directly to affordable self-contained market housing with off site supports, if necessary. Get rid of SROs, supportive housing, transition housing and even social housing.

There is a mountain of recent acadmic research to say that HOUSING FIRST is the most cost effective and humanistic way to proceed. See acadminc literate : Pathways New York.

Supportive Housing is best described as a hospic with 24 hour security ie. a minimum security prison.

Market affordable housing units have to be scattered in every housing complex; not ghettorized in one buildings or on one floor or in one section. If supports are necessary the resident can go offsite and access them. Those with deficits will not change unless they want to and there is no hard evidence to suggest that high cost supports (dedicated supportive housing) will change enough behavior long-term to warrant the method or cost.

By scattering housing in for-profit rental communities, we need no money to build more social housing.
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Update

Nothing seems to be happening.

However, I am thinking about creating a movement for the humanitarism and priortization of social policy from an individualist point of view rather than a representative point of view.
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Downtown Eastside Neighbourhood House

Yesterday I attended with a new Canadian friend for a few minutes the Open House at the DTNH on East Hastings Street at Princess Street. The theme was food. Everyone in the NH was very healthy looking and they were eating finger foods. No near-hungry down-and-out people there. I picked up a nacho chip and dipped it into a green coloured dip. I think it was avocado. I was immediately chastised by one of DTNH employees who told me that my mode of eating nachos was not hygienic. Apparently, according to her you are suppose to spoon out dip to a separate plate rather than just dip the nacho in the dip bowl. I stared at this ignorant woman with disbelief who then advised me that she was a PAID employee as if had some authority and she continued on and on that my mode of eating a chip-and-dip was unhygienic. I suggested to her to remove the contaminated nachos and dip. She didn't. Her behaviour embarrassed me in front of my new Canadian friend, Ellen Woodsworth, Suzanne Anton, funders and others who were at the DTNH opening.
PS I checked with two of my Mexican friends last night who laughed at the instructions given to me as to how to eat a nacho. I was told that eating nachos was a sharing/community thing and Mexicans would never parcel out bits of dip to separate plates.
Addendum. On my way out I asked the E/D of the DTNH why there even was a neighbourhood house considering there seems to be at least one community center on every block in the DTES. I was told to take it up with the funders. Another addendum, why are there so many paid employees working in non-profits, whatever happened to volunteers and the residents helping each other. Maybe it has something to do with creating union wage/make work projects. Funders just give give give give only to say that they give give give give.

Sunrise-Soya and the VPD

I got written up in the Georgia Straight newspaper on Thursday regarding me being physically assaulted. You might want to read up about it. I do not have the time right now to comment about being beaten up over a eight cent tomatoe. When I went to the VPD police station a week ago Friday to ask it to take pictures of the bruising caused by its members it refused. So much about the police policing themselves.
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Not well

I have not been visiting my blog in order to post as for the past month I have been lacking in energy. I have moments when my "activism" comes out (see http://downtowneastsideenquirer.blogspot.com)but I am trying to contain my ballistic incidents as I have no choice. I lost 40 pounds in two months, I sleep 12-14 hours a day, and I feel extremely weak. I am fortunate that three of my fuckup friends who know they are fucked up are now looking after the doggies so I can spend my time sleeping.

My next campaign will be http://araizapets.blogspot.com. It will be a campaign to change the Residential Tenanacy Act to legally allow pets in all rentals based on Ontario's rental legislation. If you support this, email me your name, contact address, phone number would be welcomed, and any comments. I will be sending updates to you and research on why pets are necessary especially for the well-being of empty nesters.

I really do not want to deal with the marxist control politics that is happening in the DTES. Groups go after a large population membership base and then do everything possible not to include those members in decision making by creating committees upon committees with the same core members in them.

When I feel better I will be continuing to look into the Society Act and how whimpy it is. The new proposed Act has to take into account not process but rather the need for a universal set of rules.
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911 Emergency Ambulance

UPDATE:9 September 2010. I was able to finally find out who the gent was that I helped. He lives upstairs in my building and I did know who him. When I went to St. Pauls he told me that no one from the building or anyone else had contacted him. I was the only one. The downtown eastside is awash with money to make sure that its residents are community but when someone goes missing for two weeks he vanishes into cyberspace and nothing.

On Wednesday I had the occasion to come across a gent who was in medical distress. I saw him from two blocks away trying to get someone's attention that he needed help. I ran up to him and it was obvious that he was in need of medical help. He was very disoriented. I had Kenny the manager of the building next door phone 911. No one came. I paniced and I ran upstairs to phone 911 and again report the incident. No one came. On the third try the operator admitted that no ambulance was sent as they had to data entry a form so that she could decide which of the three types of emergency vehicles she should dispatch. The man was a stranger. I did not know his name, address, or his medical history. I am fed up with who comes up with these policies which in effect seems to give 911 operators the right to kill someone by insisting on information which I kept telling her I did not know. I have been trying to find out what happened to this gent and all I get is the round around. Try to find the non-emergency number for ambulance service. There is no non-emergency number for ambulance. The closest thing is its administration number who just directs you to its website. Well I didn't have access to a computer what would I do then. The admin number said they would not tell me about anything considering I was a third party and my problem was I should have demanded this information from the ambulance attendees as they transported the gent to the unknown. I do not understand how the confidentiality of a patient in this situation would be illegal. All this stuff about confidentiality is so that we become desensitized to what is happening to others around us. Why would I ever want to help anyone in the future. Those that want confidentiality should have a sign on their foreheads saying do not save me as confidentiality is more important than humanity.

EOI for the DERAH towers re competition/members

I apologize for taking so long to finish my rant on the EOI but as one ages time passes quickly.

I do not understand why the condition inserted re letter of committal that says

Records can be withheld if their disclosure would be harmful to the business interest of the provincial body or the party with which it is doing business.

is there.

Since a non-profit is not a for-profit what $harm could full disclosure disclosure. It seems to be a gag order without anyone questioning it. I remember Kim Kerr saying to me that all documents are only to be seen by him and BC Housing so he must have been told by BC Housing that that is the way it is. When I did ask BC Housing about Kim's statement, BC Housing did not answer my email.

Also there is no mention of any condition on number of members. I do not consider a society with only directors to be in the public interest. The purpose of members is to question what the directors and management are doing as well as participating. To start all directors meetings should be open to members or anyone who is interested in knowing what the society is about (to attract potential directors). In the proposed new Society Act for 2012 it is recommended that there only be one director who is also its only member and those that are lobbying for this say that is all that is necessary to protect the public interest. And who paid these lobbyists to come up with that conclusion. I suspect it is a bunch of highpaid highprofile lawyers.

Also I do not believe it is sufficient for the President alone to sign a statutory declaration re conflict of interest. Every director should sign it as well as all paid employees and volunteers as they come on stream.

Also it should be made clear to the proponents that if any breach of governance happens the Society will be fined $10,000 for the first offense and thereafter the operating agreement voided. You can't have the E/D and a select number of directors do what they want without any penalty considering the Society Act provides no easy remedy to enforce the Act.

This is all I am going to say about the EOI.

I still haven't heard whether or not Deloitte will continue with its forensic audit. It must finish otherwise "secrecy agreements" will be used to protect the guilty at the expensive of the public. The only thing I remember from taking a criminolgoy course at SFU many many years ago is that crime pays and white collar crime pays extremely well.

I am tired of hearing, forgot what happens, moveon. No we can't forget what happens. Justice has not been seen to be done re DERAH and it must be seen for the public interest.
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ERO for DERA buildings

I have been spending a lot of time at the hospital but I intend to finish my rant about the EOI.

I never did get a reply from Brit or Strath communities centres as to how much federal government money they got from DERA to the kids need help now program. This money is federal, the housing money was provincial, and because the community centres are involved the child care money is municipal. All three levels of government without accountability.

I will be starting a new project: change the RTA (Residential Tenancy Act)so renters can have pets. See: http://araizapets.blogspot.com

EOI

I still have more comments on the EOI but I haven't been feeling well, mostly exhausted, and the last thing I want to do right now is a post. It can waituntil Wednes Thursday.

Last weekend a project has been started to amend the RTA so renters can have domestic pets. If anyone has comments let me know: audreylaferriere@yahoo.ca

Araiza

Test to see if post goes through

EOI for the DERAH towers re Resolutions

One thing I do not understand and that is the need for Resolutions for the EOIs. BC Housng wants Resolutions signed by the President. Does that mean the President signs a REsolutions without the majority approval of all the directors. This isn't what happened when DERAH decided to cave to the demands of BC Housing for the good of the residents of the DERAH buildings and signed a secret agreement terminating DERAH's interest in the buildings as there was no Resolution of the directors giving any power to the President of DERAHS to do this and not all the directors knew or even signed anything except for the President. I was in the court all that day and I was a legal director of DERAH and I did not know of the terms of the secret agreement and other directors were not there. Even if I wasn't a director nothing should be secret when the money comes from the public purse. A President's only power is to vote in case of a tie with the directors. She doesn't have any power to sign a resolution unless all the directors are aware of it. The President can't just chose a few directors in favour of a motion. I still maintain that the secret agreement signed by Sister Elizabeth Kellihier, who was the President at the court on May 18, 2010, was illegal. How BC Housing has been able to get away with it is beyond me. For expediency Broughton and Company twist/broke the law and the judge who was not interested in reading the mountain of pleadings as he instructed the parties to go out in the hall and settle the matter as this litigation is not in the public interest. I beg to differ, this litigation is in the best interest of the public. $billions are spent on social housing and yet the process is flawed.

Speaking of public interest: two weeks ago for a period of three days the elevators in the Tellier Tower were closed do lack of repairs. One of the argument by BC Housng was that the antiquated elevators had to be replaced as soon as possible
and short leave i.e. get the order of the receiver manager signed as soon as possible because it was necessary to replace the elevators with new ones. This is not true. BC Housing knew for years that the elevators had to be replaced and yet did nothing except to say that DERAH had to pay for them when in fact BC Housing knew that the reserve monies were not there. BC Housing has a lot of money for safety. This year BC Housing had a budget of $100 billion so BC Housing could have replaced the elevators and worried about what happened to the reserves later. Only one elevator is in working condition. BC Housing has put all the tenants of the ten story Tellier at risk (most are elderly and disabled) for years and still the elevators have not been replaced. BC Housing used the courts to press for the receiver-manager Order by a court short leave so that the elevators could be installed and yet the elevators have not been replaced and the tenants have not been advised if and when BC Housing will ever replace them.

I am very disappointed with the media as none of them have shown any interest in what happened to DERAH. This story isn't about DERAH alone, it is also about BC Housing and its tactics, and the failure of the Society Act.

And of course there is CUPE and it knew about the elevators being defective and it did nothing except tell their members not to walk up the ten flight of stairs to assist the elderly. Something in their Union contract not to walk up more than two stories without an elevator...and not being allowed to physically assist tenants but union members can verbally assault and threaten tenants, directors and specific employees. The entertainment one gets from reading a collective union agreement.
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EOI for the DERAH towers re CUPE

One of the things I do not understand and that is the constant reference to survivorship of CUPE's contract with DERA and DERAH. I attended each time the application to add CUPE as an intervenor to the BC Housing's application to appoint an receiver manager and at no time in the applications was it mentioned that CUPE had survivor status.

I was also told by CUPE that the contract was made with the Board and CUPE. It was not made with the Board, BC Housing and CUPE. So why the instruction that the collective agreement is to continue.

As far as I am concerned CUPE is the majority reason why DERAH was foreclosed upon. From the very beginning of Kim Kerr's ascention to the position of Executor Director, from the very first day in 2004, he fired or constructively dismissed all the original employees of DERA and DERAH. And what does CUPE do. Relativelt nothing as it is bound by unwritten protocol. It should have advised the directors of what was happening years ago when CUPE realized that its members were being fired for just cause and no reason given. CUPE's reasoning that it only deals with the executive director only goes to show CUPE's ignorance of the law and its failure to look after its members. There is nothing in the law that says they cannot communicate with the directors. How are the directors to learn what is happening with employees if the Union only dealt with Kim Kerr and Kim Kerr made the decision that all staffing is private and confidential and this decree extended to all the directors as well. Through the years all CUPE had to do was send a copy of any dispute to all the directors: it is very simple -- use email. CUPE should have taken it upon itself to educate the directors. I assure you from talking to past board members there would have been directors who would have taken action before Kim had them constructively impeached. One employee as dismissed in November 2009 and it took CUPE to finally get her rehired through the receiver manager eight months later. Most employees that were constructively dismissed by Kim Kerr did not want a prolonged fight with the Union and took a small $severance conditional on a confidentiality agreement. None of the employees are very happy with the Union.

One of the issues I raised besides the Kim's prevailing "you are fired with just cause and he would refuse to give the just cause" while I attended the board meetings was that I wanted all employees including the Executive to submit to random drug testing. The Union was 110% opposed to this. Of course it would be as most of its members were doing weed or other substances. I also wanted all the directors, the accountant, and Kim Kerr to submit to random drug test including Sister Elizabeth Kellihier, the President. Now I would expand that to testing the auditor as well.

I learned only on Saturday that there is a resident movement in the DERAH towers to not want CUPE to be part of the new operating agreements. The residents are not happy with the attitude of the CUPE employees nor the quality of their work. They asked CUPE and BC Housing for a copy of its contract with DERA/DERAH to determine if there is survivorship and CUPE and the Receiver-Manager has refused to give it to them. The tenants group has asked Union and BC Housing for a copy of the collective agreement. No agreement was given to them.

I also asked for it via a court application this spring and CUPE hired a prestigious law firm to represent them and not give it to me. I can't remember exactly but this prestigious law firm threatened me for interference with the employees. I am a director and I can't talk to an employee. So who do the employees work for: the union or the non-profit. The way CUPE acts is that any work done in the buildings is contracting out the work to CUPE and if anyone talks to one of its members the person faces legal threats. I find this absolutely distaseful.

The order for the receiver-manager contains the following clause respecting CUPE:

23. A THIS COURT ORDERS that the Receiver is authorized to deal with the Canadian Union of Public Employees (the "Union") on labour relations matters of the Defendant Society as follows: this Order, including but not limited to paragraphs 6, 7 and 12, shall not infringe on the Union's Collective Agreement and/or statutory rights and remedies, nor shall the Order abrogate the jurisdiction of the Labour Relations Board.

From this wording my understanding and what was said in the court is that the receiver manager deals with CUPE only during the term of the Order of Mr. Justice Sigurdson granted on May 18th, 2010. It does not extend beyond that time period.

I suggest to any of the proponents for the DERA towers to get a copy of the CUPE Operating Agreement as well as the history of disputes with DERAH and try its best to get rid of CUPE. Do your due diligence. Do not trust BC Housing as I doubt that it has ever read the Operating Agreement. There must be two operating agreements: one for DERA and one for DERAH or maybe the collective agreement was only for DERA and there never was one for DERAH. If the operating agreement includes both of them then most probably the operating agreement will be invalid as each are legally separate entities. The employees of the towers do not need the union to protect their rights. We are only talking about three or four employees per building and the Board should be dealing directly with all employee disputes. CUPE has been only a hinderance to the best interests of the public i.e. you the taxpayers in your support of the social housing in the DERAH towers. Unions are a huge expense and not necessary for small organizations.

The Operating Agreements for the three towers do not mention CUPE so I question BC Housings instruction to assume the Union. The Operating Agreements were never amended.

more to come ....

... if my understanding of what I believe is incorrect (see above), please let me know.
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EOI to turn the DERAH buildings into supportive housing

Hopefully I can get my act together this weekend to critique further the EOI. It is absolutely necessary that the residents of the DTES know how the process works and voice their concerns. The residents of the DTES must have a say in what happens to the buildings. We want to know about condo development but neglect to stop the neighbourhood from getting more supportive housing. We need a variety of housing to normalize the area. Anything in the EOI which is suspect has to be looked at before a new operator is appointed.

Is the DTES becoming an insane asylum?

Cameron Gray, manager of housing for the City recently made a statement that with the number of supportive housing in the DTES that the City is making the DTES into an insane asylum.

The three buildings that DERA operated is in the process of getting new operators and from this instruction it says that BC Housing wants the buildings to convert from affordable housing to supportive housing.

In the BC Housing web page. The very first paragraph of the EOI states that ... these calls are intended for non-profit societies and/or private operators interested in partnering with BC Housing to provide housing with support services.

We do not need the 300 units of Solheim, Pendera and Tellier be made into more supportive housing. I attempted to go to the 1:30 site meeting on Tuesday at Tellier for those interested in seeing the properties to clarify this. When I arrived there no one knew of any meeting and the Tellier community room was empty.

I then went to DERAdvocay, next door, and was told that the meeting happened at 10:00a.m. that morning. Earlier I phoned Pat McSherry, a director and secretary of DERA, and told her that someone from DERA should attend this meeting and make sure that supportive housing does not happen to the former DERA buildings.

Pat McSherry told me at 1:45 p.m. that the meeting was held at 10:00 a.m. that morning. So has BC Housing already decided who the new operators will be.

Where are the housing advocates whose actions focus on wanting a National Housing Policy rather then devoting some of their resources to making sure the DTES has normalized housing.

Years ago the federal government downloaded social housing to the province (BC Housing's budget is $1billion yearly for 100,000 units) so why aren't the advocates and the NDP advocating for a provincial housing policy but then I am sure that none of them are aware of the $budget of BC Housing. They should be putting all their resources into making sure that the DTES has a diversity of housing in the DTES and not a predominance of supportive housing which housing is nothing more than a jail cell (complete with bars, locked doors, hired security, and expensive state-of-the- art securiy cameras see the LUX supportive housing run by Rain City (reception area)) for the mentally and drug addicted population of the City.

Also I am fed up with Sabrina, the E/D of DERA, saying that I was voted off the Board of Directors of DERA. DERA attempted to do so on February 12 2010 but the process was flawed (illegal). And until I get a letter from DERA's lawyer stating that the process was legal, I am still a director of DERA.
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the new Oppenheimer Park

I went to the opening of the "new" Openheimer Park at 11:00 am today. I am not happy with the new design. It looks like it was designed deliberately to erase 1/3 of the green space. It took 120 years to create a heritage park and only $2.5 million and two years construction to destroy it. More on this later ...

blogettes

Each day I have at least one-half dozen blogettes in my mind but I do not have the time to write about each one. There are other things in life like going to the food banks, attending VGH daily for six hours, taking my lovely devil doggies out for their peepees and poopoos, doing five weeks of laundry, looking for a new place to live, talking to my intelligent fuckup friends who agree they are fuckups but they are honest about it not like the fuckups being the directors of DERA who are so fucked up they do no know they are fucked up, and gathering beverage containers for their refund value.

Right now I am awaiting a reply from an email to DERA hopefully to clarify items from the financial statements which should have been delivered to the members within three months of the end of the fiscal period being September 30 2009 not in mid July 2010. I have another clarification I need which is from whom did the donations come from which were mentioned in the F/S for 2008 and 2009. Kim Kerr told me and told the court that he had taken the profits of his company that did work for DERA/DERAH and donated them to DERA/DERAH but I have seen no proof of it. Very legal of him. The law says if Kim returns any profit he made from his company, then there is no conflict, so he did not do anything fraudulent in that area providing that he actually did donate the profit back to DERA/DERAH. I will be sending an email to the new Executive Director Sabrina and the accountant, Ruth Hoffman, CGA, asking for this information.

Since I am a member of DERA and also a director of DERA when this information was said to have been relevant I am entitled to this information. But then maybe not as I am was told by the Treasurer, his name escapes me, that he can't give me any information because he is under a gag order from BC Housing. I didn't even ask him for any information but he announced itto me on the street. He also told me to google his name as he owns newspapers and radio stations and he could destroy me with words. What BC Housing has to do with DERA is beyond me. DERAdvocacy and DERAHousing are suppose to be separate legal entities so I was told by the lawyers for BC Housing during the court hearing to foreclosure upon DERAH. The point is DERA survives on grants and donations which are tax deductible so each of us are intimately involved with DERA through our pocketbooks. To operate DERA the funds come from you and me. Apply whatever I am saying to other non profits and societies generally. There are big problems outthere and DERA is but a bit player and their behavior is typical.

The new DERA (ADDED TO July 18/19 2010)

I attended the DERA AGM yesterday. Not much happened except the Board has been overtaken by the Christians: the Christian group on Jackson Street across from Oppenhemier Park: the co-op of old houses. Just what the DTES needs another secretive religious cult. And more bizarre every single dysfunction director was reelected.

More about the meeting when I have time... I still can't believe in the middle of this controversy the federal government gave DERA $215,000 per year (until 2012) to administer a childcare program. DERA has broken every single rule of governance and the federal government and the community thinks that it is okay. What I mean by community is Brit Community Centre and the Strathcona Community Centre.

I briefly read the financial statements that were presented to the AGM last Thursday this morning being July 19th 2010. The financial statements were up to September 30 2009. The two DERA creative bookkeepers are now in big trouble; hopefully, the two of them will be thrown out of the certified general accountants association. It states on page 11 that the Board of Directors agreed to have the Society pay $6,000 in legal fees incurred by the Executive Director for a lawsuit with a former city councillor, Peter Ladner. This law suit did not involve DERA; only its executive-director, Kim Kerr. I was at the December 2009 meeting when this "account" was discussed. No invoice was produced; no one knew what the fees were for (Sister Elizabeth said they were court costs: that is different than legal fees)and the final decision was not to have been made until the invoice was produced. It was never produced. Peter Ladner told me that Kim had paid $5,000 for costs to the City prior to September 30 2009, so what was this $6,000 for? This discussion was December 2009 at a DERA board meeting. Not prior to September 30 2009 therefore the financial statements are trash (fraudulent). Those responsible for the financial statements are Linda Segneuret, CGA, DERA's auditor, and Ruth Hoffman, CGA, DERA's accountant. And the new proposed Society Act 2012 wants us to trust professionals more. Forget it. Blind trust of professionals begets legal corruption.

Why

Tuesday, July 15, 2010
DERA Annual general Meeting

The DTES Residents Assocations is having its Annual general Meeting July 15, 2010, at 6:00 p.m. St. James Church, Parish Hall, 230 Gore Avenue (one block north of Hastings Street in the same block as the United Church on Hastings). It is an illegal meeting as it is nine months late and it wasn't advertised according to the bylaws but then why should DERA follow any rules. For any of you who do attend make sure you get a copy of the financial statements which were due last fall also demand a financial statement as of the end of June 2010. Besides Kim being involved with two private companies which profit was alledgedly used to support DERAdvocacy ask for proof of invoices. Anyone can type in a $160,000 expediture. Also you can ask the directors what happened to the monies that BC Housing paid to DERA for leasing payment and taxes. Where did this $400,000 go. Also what about the $1.2 million in reserves -- the money that was suppose to be used to keep the buildings upgraded like with new appliances and washing washings and washing windows. This did not happen. The $1.2 million was there in 2004 but no more. I was told by Kim and it was confirmed by BC Housing by its neglect by not answering my emails that no one is allowed to have access to the financial statements because they are only for the eyes of Kim Kerr and BC Housing which is a lie. As for the current directors none of them should show their faces to the community and each of them should be evicted from the social housing they received by virtue of them being a director. I wish I could pay $300 a month rent for a $1,000 market rate apartment and still have $700 a month for disposal income. All the directors failed to do what they were elected to do. The poor stealing from the poor is nauseating to say the least. I have come to the conclusion that democracy does not work in the DTES. The marginalized should have a constitution that can't be changed on a whim. A consititution of marginalized rights. Sister Elizabeth will say at the AGM that DERA is for advocacy not Housing. Do not let her get away with it. DERAdvoacy and DERAHousing has been one of the same for the last twenty years and now conveniently it is not part of DERA. If you look at the Writ to foreclosure on the three rental buildings it also includes DERAdvoacy so therefore they are one of the same. And then there is a secret agreement signed by Kim Kerr, DERAdvocacy and DERAHousing saying that no one is going to be criminally charges for whatever these idiots did. The saga of DERA will not end soon. Get involved and don't let it.

Under DERAdvocacy the Federal government hasn't cut its funding for its daycare project which I do not understand why it even has it as because in the constitution of DERAdvoacy it is not authorized to do babysitting. There is $200,000 funding so where is this money going to. DERAdvocacy should be sending this money back to the federal government as they should not have got it in the first place. If the consensus will be to keep this money then every invoice should be viewed by anyone who wants to see them. Financial statements are useless without the paperwork. Auditors cannot be trusted. The auditor told BC Housing that although she knew $400,000 came to DERAH she did not know where it went. Neither did Kim or Sister Elizabeth know where the money disappeared to. So what is the point of an auditor. And she has been arround forever. Auditors only look at non-profits that are funded by the government as cash cows. There is nothing confidential in financial statements and all accounts should be provided to anyone who wants to see them.

Who can go to these meeting according to the Constitutions anyone in the DTES who is resident here from Clarke to Broadway to Granville to the waterfront. There is nothing in the bylaws that says a resident has to be a registered member. Like one of the five origiinal founders of DERA told me the other day; it is not the DERA Members Association it is the DERA Residents Association. I would like to see someone make a motion that says to belong to DERAdvocacy those that have lived in the DTES are still members of DERA. Good people move away from the DTES and then their expertise is lost. No matter what Kim and everyone has told me that anyone can attend AGMs.

I won't be going to the meeting unless I have a bodyguard. The purpose of the bodyguard is to keep me controlled from me verablly going on and on. So if anyone wants to volunteer to assist me please do.

And above all if the acting executive director SABRINA is not available to return an email or talk to a resident of the DTES then a motion has to be made to fire her. We do not need a secret organization where those that need help can't get information.
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Posted by Audrey Jane Laferriere at 10:06 AM

I read the Request for Expressions of Interest found on the BC Housing website. I could not believe it. Did not BC Housing learn anything from DERAHousing. It sets no boundaries on how to prevent white collar crime by a non-profit housing society or how to safeguard vulnerable tenants from capricious behavior of their overlords. Whoever is in charge should be looking for a new job. More about this document later.


I apologize to you all for not keeping up on my blog. The issues out there are overwhelming. Sine June 7th 2010 I have been involved with a medical situation in which I have had to devote my limited energies to.

Kim Kerr was right -- added to on 02 July 2010

I cannot dismiss Kim's claim that BC Housing did not give him enough money to manage the buildings (see Statement of Defence). Lily also said that every accountant Kim hired also came to the conclusion that BC Housing did not give him enough money. Only Kim and BC Housing were privy to the financial statements. What right did Kim have to withhold this information from the directors of DERAH and the DTES community. The community could have save DERAH if it knew the truth.
In 2007 - monthly
Income from rentals $100,000
Income from BC Housing (subsidies) $100,000
Total income $200,000
Mortgage payments $110,000
Wages $45,000
Insurance $10,000
Utilities $14,000
only four items total $174,000
So what is left to pay everything else $ 26,000 that is less than $100 per unit
Non-profits should not be using the accrual method of accounting. It should be cash-in cash-out. The old fashion way. Simple.

the Portland Hotel Society

There seems to be a general consensus out there that the PHS Society (the Portland Hotel Society) is 100 times worse than DERA ever was. I checked this morning and found out that at least seven employees earn over $100,000 a year with benefits and yet the PHS has no money to WASH windows for its properties. For years I have seen the dirty windows (an insult to architect Arthur Erickson) and just assumed the Portland didn't have the money to clean. I would like to know who these employees are that make $100,000 a year as I would like to ask each of them to donate monies to get the windows washed. I personally feel that no one employed by a charitable society should earn more than 3X the minimum wage. This should also extend to public servants. If all these social and public employees worked for minimum wage capped at 3X I assure you that the minumum wage would be more than $8.00 an hour.

Law Foundation Cuts Funding

It was announced yesterday that the Law Foundation has cuts its funding to DERAdvocacy.

In the National Post on Monday it said that criminal charges could be laid against those that did wrong at DERAHousing. This is not what I heard at the court application hearing on May 18th 2010 when Sabrina asked the Court if the signed confidentiality agreement meant that no one would be prosecuted. The lawyer for BC Housing confirmed that if the terms of the confidential agreement were met no one would be prosecuted. I suspect Rich Coleman didn't get it right when he spoke to Brian Hutcheson, the reporter.

In an interview with the National Post, provincial housing minister Rich Coleman said a criminal investigation of DERA on matters "such as fraud" could be forthcoming. "We're not precluded from taking [further action]," said the minister.
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PIVOT and Carnegie Governing Boards

Ancillary to what is happening at DERA, two events should be noted. Although I was very vocal in the community about DERA and its non-compliance to the rule of law since the summer of 2009, Julie Rogers was re-elected to the Board of Directors of the PIVOT Legal Society. The only qualification that Julie had for the PIVOT Board of Directors was her directorship with DERA. And then if that was not bad enough, Pat McSherry was elected recenty to the Board of Directors of the Carnegie Centre. Pat McSherry is a director of DERA and her contribution to any discussion at any board meeting was "wait until a problem happens." The function of a Board is to make sure that problems do not happen. Not only was Pat a director she was also the Secretary. Because of her laziness she allowed a hired employee to look after her legislated duties (see Society Act). Pat was elected a few weeks ago to the Carnegie Board so everyone knew in the DTES that she was a party to the destruction of DERAH and still she was elected. Both Julie and Pat as well as every director of DERA/DERAH should be barred from ever being a member of any Board. Both should be held $accountable for what they did and in this case did not do. This just shows what type of Boards the decision makers and funders listen to. If there was even a whisper that a Board was or had members that were dysfunctional, funders should run. But then funders are just employees so why should they care.
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Response The Vancouver Sun June 12 2010

This response has not been published by the Vancouver Sun.

Rich Coleman's office neglected to say in its report to the Sun June 12 2010 that there is an outstanding application before the Courts by a DERAHousing Director, Audrey Jane Laferriere, to be added to the BC Housing action. Although Mrs. Laferriere is a director of DERAHousing she was not privy to the litigation. She questions the legality of the confidential agreement since both the judge and the lawyers for BC Housing knew of her non-involvment. How can an agreement be ratified without all the directors knowing about it.
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Audrey Jane Laferriere,
Director of DERAH (April 2009),
778-329-1250
audreylaferriere@yahoo.ca

So sad, Mr. Green

In response to Mr. Green's response to the Vancouver Sun about DERA June 12 2010.

I am very sad that Jim Green is sad that the original DERA does not exist. It can again as DERAdvocacy is still there maybe not for long but it is not lost yet (the only part that is affected by the receiver-manager is DERAHousing) so why doesn't he and the other "leaders" of the DTES get involved. They were rumours for years of mismanagement and yet DERAdvocacy and DERAHousing were allowed to flounder. The blame for the failure of DERA Housing and the eventual failure of DERAdvocacy (by the domino effect) is the community. No one else. Anyone that lives in the DTES is a member of DERAdvocacy. And it is not too late for the community to organize.
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The NATIONAL POST and the DTES

Brian Hutchinson of the National Post is doing daily articles on the DTES this month. If you have any comments or information that you have wanted to report but were afraid to or did not know where to go so do it now. Brian's sources are kept confidential unless you want your name in print. Up to now there has been no where to address concerns so this is an opportunity that we all should take advantage of. The housing non-profits and the government agencies in the DTES have been very good at "don't ask, don't tell" and it is time "we ask" and "we tell."

Type in your computer address bar: National Post and there it is. If not type in Woodwards Project in the search window. And his blog is DTES gossipy (when in National Post type in search window Woodwards blog).

Brian Hutchinson

bhutchinson@nationalpost.com
604-742-8882 phone
604-682-3628 fax

This week

I am involved with a medical emergency and I won't be able to address any issues for at least a week.

DERAdvocacy Funding

The Law Foundation will be making a decision as to whether or not funding will be given to DERAdvocacy for another year. The decision will be taking place by the Board of Governors in the third week of June.

I was talking to a former resident of the DTES yesterday and she said that it would be a tragedy if DERAdvocacy folded.

DERAdvocacy and DERAHousing are two separate identities. The Law Foundation has been strictly overseeing the Advocacy unlike BC Housing with DERAHousing. Since the mandate of the Law Foundation is the public interest, any input from the public, DERA employees as they know exactly what their contributions have been, would influence its decision.

J. Cumming
The Law Foundation of BC
1340 - 605 Robson Street
Vancouver, B>C>
V6B 5J2
jcumming@tlfbc.org
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Crosby Property Management

So much for professional property management. If any resident of the towers is not happy with something Crosby does keep notes.

.Reviews Matching:
Search Reviews 1 review for Crosby Property Management Ltd Darcy C.

Vancouver, BC
1/22/2009 Okay- a caveat: I rent in my building rather than own.

But ... these people have been incredibly obtuse, and then incredibly non-responsive. They destroyed the parking structure in our complex with multiple poorly placed speed bumps. Everyone's suspension is getting ruined. It no longer safe to drive, as people are driving in the middle of the road to avoid the bumps. They have been incredibly unwilling to keep the residents informed about how they intend to solve this problem. I have heard from some of the owners that they're just as non-responsive to the owners. And, they didn't even bother to inform the residents when the water tower on top of the building leaked and damaged a number of the upper units.

I'm new to BC, but when I am ready to buy, I will NOT be buying into any building that uses Crosby for strata management, nor will I allow them to manage investment properties.

24 Hours

In a poll taken by 24 Hours newspaper it revealled that 92% believe that the justice system is broken. With my experience these past months with the courts the poll should be closer to 99%.
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CCAP (Carnegie)

I attended at the CCAP meeting at the Carnegie on Friday. Wendy from the very beginning of the meeting was relunctant to talk about DERA and she put it at the end of the agenda saying that there might not be time. During the meeting she had members read out in detail two pages single spaced minutes and two pages single spaced stats about how poor we are compared to the rich. It was as if she wanted to fill in the meeting with trivia. At the end of the agenda items she tried to say that there wasn't time to discuss DERA but the members overruled her. They wanted to know about DERA. Sister Elizabeth was there and said that DERAdvocacy would now focus on advocacy rather than housing. I found that very interesting as I have not yet received an answer to my query to the Law Foundation to clarify whether or not it was cancelling its funding to DERA in June 2010. If the Law Foundation was going to renew it it would not be a secret. A few members of the community spoke (one of them directed his comments to Sister Elizabeth about finances) and someone said that this is a subject for a special meeting which is what meetings do when they do not want to discuss a topic and the topic is lost forever. Meeting over. Of all organizations in the DTES Carnegie should be demanding to know what really happened within the governance of DERAHousing to force BC Housing to do what it did. I am a director and I do not know. And I will never know until there are thousands of DTES residents storming for the truth......deraGATE

phoenix DERA

There was talk of phoenixing DERA at the UBC meeting last night. A few of us agreed to meet at 11:30am on Friday at the CCAP meeting on the 3rd floor at Carniegne. We have to keep the towers under community control as well as the advocacy. If DERA goes, then genetification has won. BC Housing seems to be in some rush to to kill the avoaero jet plane. In the history of DERA there has been a lot of good men involved and all they have to do is come together now. There is alot of talk about keeping historical buldings and since DERA is historical we need DERA. There won't be much to overtake DERA just a few good men who believe in the community. Come to the meeting and this topic will be discussed. Otherwise contact me.

At the UBC meeting Jim Green said he "wasn't going to go there." I wonder why he would be opposed to saving DERA. I remember Kim Kerr saying the "vaults" of DERA held evidence that Jim Green wasn't stellar when he was DERA's executve-director. The only thinga I know about Jim Green is that he doesn't answer his emails and the knowledge that Kim Kerr screamed at him on the streets of the DTES that he was a traitor to the people here.

DERAdvocacy (revised Tuesday 3:30 PM))

Now that DERAHousing is in receivership (I am not sure of the details) but I was told yesterday which I do not believe that the receiver-manager is throwing out DERAdvocacy from its offices at 12 East Hastings by the end of the month. I believe this maybe false information has come from Sabrina. To confirm if this is true or not please call the lawyer for BC Housing, James Coady 604-647-4105 jcoady@boughton.ca. Don't call anyone on the Board as all of them seem to know less than Sabrina about what is going on. Or you can try to call me Audrey 778-329-1250. The offices were renovated a few years ago at a cost of $40,000 so why would BC Housing want to throw out DERAdvocacy as DERAHousing has no need for the space.

If any of the tenants see unnecessary and costly work being done keep notes, form a group, post the information, let me know. We should all be documenting all unnecessay expenses and behavior as the money the receiver-manager is paying belongs to the public. And it is up to the public to make sure no one is creating unnecessay work. The receiver manager by a court order has a blank cheque to do whatever he wants. Kim did what he wanted without oversight and now the receiver manager is doing the same without oversight. It is time every member in the community becomes an interested auditor.

It was also relayed to me that BC Law Foundation is going to not fund the advocacy program any more. The contract expires in June 2010. The only way to save DERAdvocacy is if a few good men to get on the board and convince BC Law Foundation that from now on rules will be followed and transparency ensured. 604.688.2337 lfbc@tlfbc.org or jcumming@tlfbc.org

There are vacancies on the Board and everyone who lives in the DTES is member of DERAdvocacy and he can serve as a director. I remember Robyne Livingstone saying to me (he lives in Pendera) that DERAdvoacy does good every day. It has just been unfortunate that the existing Board has not done its legislated job due to lack of training and Kim's perferred way of accounting taking money from Paul to pay Peter was not the way to balance the books.

DERAdvocacy has a brand that the residents of the DTES recognize and it should not be lost. I do not want to see it lost. Members can also organize and petition the law foundation to keep DERAdvocacy run by the people in the DTES.
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"The true danger is when liberty is nibbled away, for expedience, and by parts."--Edmund Burke

From my experience this past month, this is also happening within our justice court system.
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It is over.

The Order for a Receiver was granted yesterday 18 May 2010 by the Supreme Court of BC at 3:30 p.m. Crosby Management is now managing the buildings. All tenant evictions have been cancelled. I do not know anything else. BC Housing should have been educating the fuckups rather than wait until it was too late. Education would have been in the public interest. If the government wants to deal with societies, then it should make sure the directors of a Society know what they are doing.
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BC Housing vs. DERA

The judge refused to accept my notes. I spent a few days going over BC Housing documents and I wanted the court to see them. I thought the notes were relevant. However, I will never know as the judge did not read them. I was rather disappointed. But it wasn't his fault as BC Housing and DERA said I had no standing I argued that I was a director of DERA but it went nowhere. So I decided if the courts are not interested maybe a few readers would appreciate my research.

NOTES : BC Housing v. DERAHS (S-102159)

I am a director of DERAHS and as such have an interest in these proceedings. I was elected as a director of DERAHS on 17 April 2009.

That the Plaintiffs know of my legal interest in the proceedings yet it has refused to consent to add me as a defendant and will contest my application that is scheduled to be heard on Friday May 22, 2010.

I only had access to the multiple volumes of evidence of BC Housing in the court file for one-half hour on Thursday and on Friday. From the affidavit evidence I can only conclude that the Plaintiffs are more to blame for the mismanagement of DERAHS than DERAHS. BC Housing is in a superior position and it is using its superior position to destroy the Defendants societies.

The Plaintiffs knowing full well that by paying the property taxes in February 2009 and lease payments in 2008 and holding back DERAHS subsidies to repay these debts that it would have a domino effect which would result in the demise of DERAHS and eventually DERA.

In one of the BC Housing Affidavits it said that BC Housing is to provide guidance and direction to the Board of directors of non-profit societies ...... in resolving ongoing issues with respect to the management of their properties. This demonstrates that BC Housing looked upon society governance differently than for for-profits. BC Housing recognized that it had to oversee and educate societies to protect the public interest but it failed to do so. The Plaintiffs were irresponsible and negligent. BC Housing was not doing its job.

Last August 2009 I had occasion to ask Lydia, the auditor, to forward a copy of the 2008 DERAHS financial statements to me. She said that she was currently in negotiations to cook the books with BC Housing. This was not her exact words but close. I remember emailing this woman back saying that I was under the understanding that an auditor does an audit on a specific date and cannot change it one year later on the instructions of BC Housing.

From the files late on Friday afternoon I located a draft 2008 financial statement as an exhibit. I read the notes referred to under "related party transactions" and it showed that Kim Kerr’s company did $211,182 of work for fiscal period ending 20 September 2008. Later I saw a copy of the final 2008 financial statements in an exhibit and next to related party transactions next to Kim Kerr company was $0. I am sure Lydia, the auditor, would look forward to giving evidence as to why the draft was different than the final version of the 2009 financial statements of DERAHS.

Unauthorized related party transactions in which DERAHS executive-directors were involved have been done since the time of Jim Green. In the evidence of BC Housing it referred to the previous executive director, Teri Hanley, and her own company during business with DERAHS. Terri left DERAHS in 2004 in the midst of a scandel. So why would BC Housing think a new executive-director, Kim Kerr, would do things differently.

The executive-director, Kim Kerr, has made it public knowledge and personally told me that during his management of the Marie Gomez building, a 76 unit building subsidized by BC Housing, that he never paid the mortgage or property taxes. Nothing was mentioned in the pleadings about the $mismanagement of the Marie Gomez residences which prior behavior I think should be material to these proceedings.

From the time of my election to the DERAHS Board on April 17 2009, the Plaintiffs have refused to allow me to be part of any information between it and DERAHS. At no time did any director, except the president nun, know of any serious breach of the operating agreement or lease and I suspect she really did not understand anything.

The Plaintiffs only dealt with the executive director, the president of the Board, and the auditor for anything they wanted clarified and only then their involvement was very infrequent and random. At no time did the Plaintiffs contact or even email individual directors of the Board although the Plaintiffs knew each director is singularly and jointly responsible for any financial misdeeds or contractual deficiencies of DERAHS. To the best of my knowledge the president of the Board did not forwards copies of the writ and statement of claim to the other directors.

The Plaintiffs knew of the dysfunctional history of Kim Kerr, the belief of the president that wrong is right if it is for the greater good, and the culture of corruption and secrecy in the DTES. All this is common knowledge in the DTES.

At no time did the Plaintiffs to my knowledge contact any other board member except the president and the auditor, past or present, as to the missing monies, the fact that the City was going to sell the properties for failure to pay property taxes, the many $100,000s conflicts of related parties, and the other claims as set out in the Statement of Claim. This is evidenced in the DERAHS minutes that the Plaintiffs have which do not refer to any of these items.

The BC Housing review of DERAHS in 2007 did not alarm anyone to serious mismanagement of DERAHS including BC Housing. In fact Kim Kerr let it be known that this report card showed that DERAHS buildings were among the best run buildings in the purview of BC Housing. It was believed at that time and it was common knowledge that this review constituted a “forensic audit” and I verily believe that the directors including the president believed this to be the case.

At no time did the Plaintiffs inform me of any mismanagement. In fact although I was a director, my comments to BC Housing were never explained, but then that is the habit of BC Housing, not to reply to anyone including tenants.

The Plaintiffs will submit that the appointment of a receiver-manager by this short leave application would better serve the ends of justice. I disagree, it will only serve to quickly cover-up the mismanagement of BC Housing and its failure to protect the public interest and deprive me of my legal rights.

The Plaintiffs threatening the court that if a receiver manager is not appointed via short leave then it will have no option but to terminate the leases and operating agreements and obtain vacant possession of the buildings shows contempt and is insulting.

The Plaintiffs have known for years of serious mismanagement and now they want the courts to quickly help them (the government) from a potentially embarrassing situation. The property taxes were not paid since 2006. The Plaintiffs agreed to terms of repayment of the missing monies in 2009 by cutting DERAHS subsidies and then one year later they commence an action to dissolve DERAHS.

The Plaintiffs as well as the Defendants have done everything possible to prevent me from doing my job as a director as legislated in the Society Act.

The Plaintiffs are further guilty of lack of foresight, condoning mismanagement that has resulted in this action, and conspiracy to deny me of my legal rights. This short leave to appoint a receiver manager should be refused.



Audrey Jane Laferriere
Director DERAHS
17 May 2010

SEE BC Housing kill DERA (revised 15.04.10)

Let BC Housing ensure the corrupt cultures of the non-profits in the DTES continue.

Don't belive that the Society Act protects the public interest, it doesn't. And don't believe that BC Housing
(the government) is protecting the public interest, it isn't.

COME ONE. COME ALL.

It will happen on Monday at 9:45 a.m. May 17, 2010, at the Supreme Court House at 800Smithe Street (Robson Square). Get courtroom number from list on wall next to security desk in lobby.

The application before the court will be to appoint Deloitte & Touche as the receiver manager with powers to fire everyone and go after tenants past and present for not paying their fair rents (what fun). I am sorry I made a mistake Deloitte & Touche cannot file the employees as they are all CUPE workers (who work for CUPE but not DERAH); they can only fire the executive-director, office accountant, all the suppliers, Lydia the auditor, and all the directors. I am not sure what other powers Deloitte will have but I am sure we will never learn what really happened in DERAH after it invades the properties. The fire will be out and the dirty laundry washed.

As of Friday the Court was not advised of a new solicitor for DERA (Cameron Ward quit at a most inappropriate time), so DERAH will not be legally represented. No sane lawyer will ever take this case on such short notice.

With all their high priced help and short leaves of dates and processes to keep everything as secret as possible, BC Housing's default position (chosen evidence) will finally be voiced in open court.

It is scheduled to last three days. Admission is free.

This is open court and everyone is invited.
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It is Sunday and a beautiful day. It is too bad that beautiy is destroyed by human kind.

I heard on Thursday that the accountant for DERA, Bosso, quit. She must be one of the few who know that the definition of what a receiver-manager really means: it means the court appoints a receiver-manager and he comes in and fires everyone. I could never understand this woman. She knew for years of irregularities and yet she did nothing. As long as she had money to go to Europe she was happy. I asked her once why didn't she take an interest in what was happening and she replied why should she. I remember telling her to quit as she wasn't working for a for-profit she was working for a social justice organization. There is nothing wrong with the institutions in the DTES only the people that work in them.

On Wednesday when I was in court Kim said to the court that the court would have to wait until Sister Elizabeth, a director of DERA, came back from her retreat in France to receive instructions from the Board. At this crucial time in the history of DERA why is the nun in Europe. Kim is the one that tells the Board what to do. I couldn't believe him saying to the judge that Sister Elizabeth was needed as she doesn't have any more say than any other director except to pull the religious card. The judge asked Kim how many directors DERA had and Kim replied twelve. I would like to know who the twelve directors are. If there are now twelve directors did the Board appoint a full slate without benefit of an election.

On Wednesday I walked down Hastings Street from Carrall to Princess with a poster sign stating that DERA fired Lily. No one seemed concerned. What surprised me was that Carnegie (Wendy and Jean) and VANDU (Ann) did not know of this event even though it happened a week before. A woman devotes 18 years of her life to the DTES marginalized and nothing.

Another day

Cameron Ward bails on DERA

Late yesterday afternoon Tuesday, May 4, 2010, Cameron Ward advised DERA that he would no longer be its lawyer. I am disappointed as I felt he would go to the end on this. But then this is a "unique and special case" (so said the judge this morning in chambers) that maybe Cameron knew he couldn't win it so he bailed. Another hero of the DTES lost. The two motions that were before the court were adjourned generally. I am not sure what "adjourned generally" means but I will find out and advise.

Affidavit to Support my Motion to be named a Defendant

Both the lawyers for BC Housing and DERA refused to grant me a consent order so that I could be added as a Defendant. I do not know why. I guess thwarting justice is what they do. Then the question is if each of the defendants past and present are liable for the misdeeds of DERA why weren't they all cited as Defendants.

There is another hearing on Wednesday at 9:45 a.m.. Boughton and Company, the lawyers for BC Housing wants to strike paragaph 13 of Cameron Ward's Statement of Defence as it might prove embarrassing to BC Housing. The public is invited to attend.


File No. S-102159
Vancouver Registry

IN THE SUPREME COURT OF BRITSH COLUMBIA

BETWEEN;

BRITISH COLUMBIA HOUSING MANAGEMENT COMMISSION AND PROVINCIAL RENTAL HOUSING CORPORATION,
PLAINTIFFS
A N D;

DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION
HOUSING SOCIETY, DOWNTOWN EASTSIDE RESIDENTS
ASSOCIATION AND KIM KERR,
DEFENDANTS

A F F I D A V I T

I, Audrey Jane Laferriere, of Vancouver, British Columbia, make oath and say :


1. That I am a director for the Defendant, Downtown Eastside Residents Association Housing Society, and a director for the Defendant, Downtown Eastside Residents Association (hereinafter referred to collectively as the “Defendant Societies”) in this action and as such have personal knowledge of the matters and facts hereinafter deposed to, save where stated to be on information and belief and where so stated I verily believe the same to be true.

2. That I was elected a director of the Defendant Societies on 17 April 2009.

3. That at the second Board of Directors meeting I was asked by the President of the Defendant Societies, Sister Elizabeth Kelliher, to resign. I refused.

4. That during my directorship I was never advised of the seriousness of the claims of the Plaintiffs although on numerous occasions I asked for information and advised the Plaintiffs that the Defendant Societies did not inform me of dealings or information concerning the Plaintiffs.

5. That on 10 February 2010 I was illegally impeached from the board of the Defendant, Downtown Eastside Residents Association, but not from the board of the Defendant, Downtown Eastside Residents Association Housing Society. The resolution pertaining to my impeachment from the Defendant, Downtown Eastside Residents Association, was never filed with the Registrar of Societies.

6. That after 10 February 2010 I was no longer advised when board meetings were to be held although I advised the Boards of the Defendant Societies and Kim Kerr that failing to do so was illegal.

7. That on 25 March 2010 the Plaintiffs commenced this action against the Defendants.

8. That I told the Plaintiffs and the Defendants that in my capacity as a director of the Defendant Societies I wanted to be included in the action as I was singularly and jointly liable for the mismanagement and financial misdeeds as alleged by the Plaintiffs.

9. That on April 1, 2010, not knowing if the Defendant Societies were going to file an Appearance, I entered one on behalf of the Defendant Societies with a notation that I wanted to be added as a Defendant by a consent order. I then personally served the parties with the Appearance.

10. That not knowing if the Defendant Societies were going to file a Statement of Defence I filed a Statement of Defence on April 16, 2010, on behalf of the Defendant Societies, and served it on the parties.

11. That on Tuesday April 27th 2010 I again requested that the parties sign a consent order to have me added as a Defendant.

12. That I have a valid legal interest in these proceedings, my participation in these proceedings is necessary to ensure that all matters in the proceeding may be effectually adjudicated upon, and is in the best interests of justice, and I want to be added as a Defendant.


SWORN BEFORE ME at the
City of Vancouver, Province of
British Columbia, this 3rd
day of May 2010.

Audrey Jane Laferriere,
Applicant.

Although I have been asking the lawyers for BC Housing, Boughton and Company, and for DERAH, Cameron Ward, to be added to the pleadings so that I can learn what is going on. Both have refused. Cameron's answer was he hadn't received instructions from his clients, DERAH. Sounds like a lawyer talking: did he even ask his client. BC Housing didn't even acknowledge my numerous requests. So now I have to do the court thing and it is not as simple as I was led to believe. Although there is provision in the Rules of Court to be added as a defendant, I haven't been able to determine if this has ever happened before: a guilty party being asked to be named as a defendant. I am a director of DERAH, guilty as hell, and I should know what is happening.

The big day for arguments for appointing a receiver-manager by the Supreme Court is May 17th 2010. All who can attend should and be informed. Watch Cameron Ward in action.

The 90-year old nun, the President of DERAH, the one who is the defacto person responsible for the likely demise of DERAH, fired Lily Loncar on Tuesday. No explanation was given Lily. At board of directors meetings Sister Elizabeth was always adamant that the directors never interfered with Kim and staff: it was in Kim's purview. This is a first. Under the law an employer does not have to give a reason for termination as long as the employer is willing to pay severance. And getting severance can take forever. Everyone in the DTES knows Lily. She has worked in the DTES for eighteen years: she is the frontline support person at DERA. It is time that the community does something. DERA is the community so the community should stop these senseless firings of activists. You would think that all the fired employees would get together and support their fellow workers; but no. Let the union with its corrupt governance look after the problem. Not once over the years did the Union ever contact a director of DERA or make public their disgust with Kim. Speaking directly to the Board is against an unwritten protocal wherein the Union only deals with the executive director. So union members lives are disupted, reputations are tainted and everything is covered up by the effluxion of time. The employees get fired without explanation; six months later the Union gets them severance; and the employees are never heard of again. When I spoke to those that got fired by Kim two years ago, they all said they wanted to protect DERA as they wanted DERA to survive so they won't do anything. Like Anna Hunter said "what happens in DERA, stays in DERA." Now they can speak out they say nothing. I am nauseated by most of them. The employees could have striked on their own if the Board or CUPE won't do anything. DERA isn't just a job; it is a social responsibility and not doing anything is treason.

I went to the court registry today as I was advised that some sort of hearing was happening this morning. I didn't really understand it all. The lawyer for BC Housing wanted short leave to appoint a receiver manager being May 7, 2010. Cameron Ward said he didn't have enough time to prepare his answers to the voluminous amount of affidavits and he was awaiting the discovery of documents from BC Housing. Cameron also wanted to examine Shayne Ramsey, the Chief Executive Officer of BC Housing. The court was advised that Ramsey was on holidays. Convenient. The action generated headlines in 22 newspapers and the boss goes on holidays.

BC Housing has a worse reputation than DERA for managing properties. This past year I asked BC Housing over and over again for information and over and over again it refused to supply it. BC Housing is a government animal and it works as if it is under the directorship of Mao. With all its high priced help and university educated employees none of them have even bothered to read DERA's financial statements; if it did it would know what enabling meant and would have known that Kim had a private company doing work in the buildings since 2006. As long as an auditor was involved then BCHousing is off the hook. BCHousing and DERAHousing is equally culpable for this mess. Kim Kerr said that the profit he made from his company he donated it to DERAH as BCHousing did not give him enough money to manage the buildings. Maybe this is true. All the housing providers in the DTES say that BCHousing never gives them enough money so maybe Kim did this as a way to save DERAH. I know this is wishful thinking on my part but like everyone in the DTES we all suffer from the Stockholm Syndrome i.e. identify with one's abuser. Nothing is black and white.

A lot of things have happened this week. I am rather overwhelmed and fatigued. I have been caught in the nightmare of not having a place to live. I was given notice as my landlord wants to renovate/sell my place. With very little money; no vehicle; and a small pet, it will be a miracle to find something affordable.

As for BC Housing v. DERA as what always happens the lawyers get involved and you hear nothing. I asked that I be added as a Defendant so I can be made aware of what is happening but both have ignored this request.