trade sick, disabled for working illegals

[Kindred]

None of us have addressed the other victims of this inequity - the children of disabled parents - if I get started on that I will be ranting day and night.

[betsy]

I somehow understand how it must feel since at one point we've faced a very difficult time in our lives, although it had nothing to do with disability. But reading your last post Kindred....the way you described some of the scenarios brought back painful memories of that time.

What can I say? It was our faith in God that gave us strenght and a sense of calm in the midst of it all. It helped us pull through. I hope and pray you and Injusticebuster find the same.

[betsy]

Also, you might like to get a job that you can do at home. I don't know what your field is or the skills you have....but just try to get anything. The main thing is not to give up!

What happens if you lie about your condition? If there's patient-doctor confidentiality, how can they find out exactly when you've developed an illness? For all they know, you've acquired it after you've been hired.

Some do hide their conditions. I know a couple of women who are pregnant and are both scrambling to find jobs before their pregnancy becomes obvious.

Kindred and Injustice, if you are willing and think can handle the publicity, have you ever thought about bringing this problem for the disabled to the media? You described so much in your last post Kindred....it made me realize some realities that I had taken for granted.

[Kindred]

DAWN Canada especially the Ontario group does a lot of work for the disabled across Canada. I think they might have an advocacy interest, but it deals with mostly Disabled Women.

Its almost impossible to get the media to pay any attention to disabled issues. In fact I would go so far as to say its impossible.

When I was told about the agency that provides service for the disabled that is located halfway up a very steep street with no parking for clients I couldnt believe it. HOW does a disabled person access this office?

I have written articles myself but no one will publish them. Yet I have worked as a Free Lance Journalist and been published in newspapers in SK and BC, and the US.

I have talked to so many disabled people and I am not able to get their stories published. Without fail my editors say "it doesnt meet our agenda or our needs at this time .." and hand it back, recently an article on poverty and young women sucked into prostitution with gifts and trips and nice things was rejected by about a dozen editors across Canada. IF I had substituted the word China for Canada, they would have been all over it ..........

The BC Premier recently took part in a run to raise money for the poor children in China. Poor children in Canada? You got to be kidding ..........

No one cares. Especially not the media. Not when its happening in Canada, no one wants to hear it.

The real irony is that Canada won recognition for its work with and aid for, the disabled in Mexico . That was a real slap in the face to Canada's disabled in my opinion. The media SHOULD Have been willing to go with something when that happened, but they werent.

How many articles or any media coverage have you seen about the 5 million Canadians living in extreme poverty?

The ONLY story that made it into the media was the pregnant woman confined to her apartment because of Welfare fraud, who died of heat exhaustion and starvation and who's body wasnt discovered for days - Kimberly ? That was her name I think.

$18 a week for food and most Canadians dont care, dont want to hear about it.

[injusticebuster]

At the same time McGuinty spends thousands for Flying Squirrel Sex life, care fore them more than humans.

McGuinty Funds Flying Squirrel Sex Research

Tory calls on Dalton McGuinty to get a grip on spending, stop wasting taxpayers’ money

(Toronto, ON) – With four days until the provincial budget, Progressive Conservative Party Leader John Tory today called on Dalton McGuinty to rein in his government’s reckless spending after learning taxpayers are paying $150,000 for flying squirrel sex research.

“Dalton McGuinty is treating taxpayers’ dollars like monopoly money,” said Tory. “For $150,000 to be spent on this after Dalton McGuinty brought in the biggest tax increase in Ontario’s history is inexcusable. The McGuinty government’s spending is out of control – who knows what other boondoggles they have squirreled away in their upcoming budget?”

Dalton McGuinty created the Ministry of Research and Innovation in June 2005 and appointed himself Minister. In September 2005, his Ministry awarded a researcher at Laurentian University with a $150,000 grant to study the sex life of flying squirrels.

“This is a symptom of a much bigger problem with the McGuinty Liberals,” said Tory. “They have no respect for taxpayers’ money. While Ontarians struggle to get by, Dalton McGuinty is spending hundreds of millions of dollars of their money recklessly.”

Tory pointed to several other examples where Dalton McGuinty has wasted taxpayers’ money. Construction is now underway on a $400 million casino hotel in Windsor funded by the McGuinty government. The Liberals also spent $91 million to fire nurses at Ontario hospitals (who were then re-hired at other hospitals) and have spent $179 million creating a new bureaucracy in health care called Local Health Integration Networks.

“Someone has to take the government credit card away from Dalton McGuinty or this province is going to go broke,” said Tory. “Ontarians deserve a leader who respects their hard-earned money, spends it effectively and gets real results – not one who breaks his promises, reaches further into our pockets and then goes on a reckless spending spree.”

-30-

For more information:

Brendan Howe

(416) 319-1418

http://www.mcguintywatch.ca/2006/03/19/mcg...l-sex-research/

[Kindred]

It is so damn discouraging ! I have talked myself out of words on these issues, continuously for what seems forever. I joined this band wagon in 1990 and have been hammering my own head against the brick wall since then - researching, talking to people, lobbying for change, writing to Politicians, the media, and all for naught. Neither I nor other organizations and lobbyists, Royal Commission Inquiries, Unions, none of us have made a dent in the wall of shame and silence in Canada surrounding povery and disability issues.

I have not received any response from any Politician, other than to say talk to someone else its not my area or my problem, or I appreciate what the situation is but there is nothing I can do about it. Form letters.

Actually that isnt entirely correct, Moe Sahota DID respond and try to do something. But we all know what happened to him dont we?

I know how discouraged you are, how discouraged I am.

Have you tried working from home as Betsy suggested? You walk a hard road and that you have courage is shown by the fact that are still here ---

[FTA Lawyer]

it is outrageous to suggest that the people involved in administering disability benefits are attempting to marginalize people until they kill themselves...all with a view to avoiding feeling responsible for not paying out enough benefits!

You're kidding right? How much actual research have you done and how many diabled people have you actually spoken to ? Do you think they would admit this to the FTA?

If a person hasn't experience first hand the kind of treatment they receive from WCB, Social Services, and employers when they become disabled you really have no idea how obstructive these agencies and individuals can be.

Look,

I didn't say that disabled people are not marginalized...I didn't say that they don't deserve better treatment...in fact, I criticized Geoffrey for his harsh and simplistic comments. You have more of an ally in FTA than you think.

The problem is, and I reiterate, you open yourselves up to being summarily dismissed by those in positions of power and influence as being nut jobs with nothing important to say when you suggest that the people (and they are actual human beings) who administer WCB and other disability insurance programs are Nazis who are intentionally trying to get the disabled to kill themselves.

Believe me, the nut jobs are out there...and they bog down politicians, judges, tribunals, even lawyers with their insane ramblings. If you cover your valid and persuasive arguments with insane ramblings I can almost guarantee you the result you will get every time.

I act for clients taking on "the man" in many ways shapes and forms. I have brought legal proceedings against the City of Calgary, the Alberta Government, the Crown Prosecutors' Office, Revenue Canada, and even multinational insurance companies. I have clients on AISH and others who literally live in a gutter. I know more than I care to admit about the plight of the less fortunate in this country.

BUT...I turn away raving lunatics as potential clients every month. If you walk through my door spewing about Auschwitz and WCB Storm Troopers, you will likely get a kind referral to a social service agency or free law clinic after our initial consultation...I simply don't have time to take up unmeritorious and outlandish causes. And it is not necessarily a question of money...I have acted for free or incredibly reduced rates on a number of occasions where I felt it would be unjust not to assist someone.

Don't get me wrong...I am not saying that your positions are unmeritorious or outlandish...to be honest I haven't made up my mind yet, because it would take me 2 hours to critically review the amount of material you have posted here.

My point is, you have to learn to stir the pot in such a way that the person you intend the message for actually hears it...in many cases, screaming the loudest just makes people cover their ears...tone it down, lose the Nazi angle and have another go at it. I can't guarantee a different outcome, but it's better than just repeatedly smashing your head against that brick wall over and over again.

FTA

[theloniusfleabag]

Dear FTA Lawyer,

but it's better than just repeatedly smashing your head against that brick wall over and over again.

I am pretty sure that is where his problems began.

you open yourselves up to being summarily dismissed by those in positions of power and influence as being nut jobs with nothing important to say when you suggest that the people (and they are actual human beings) who administer WCB and other disability insurance programs are Nazis who are intentionally trying to get the disabled to kill themselves.

Indeed, after reading some of the rubbish this poster has claimed to have occured (and the light cast upon it by the poster), it is no wonder he gets tossed out of every agency he walks into.

[Kindred]

I am a published journalist, I know how to write an article and present facts - I was also instrumental in getting the Northern Tax Deduction passed so I know something about lobbying and influencing people - however when it comes to issues surrounding the disabled and the poor in Canada the Governments turn a blind eye and a deaf ear to them.

The media doesnt want to hear about it because they are driven by their advertisers and their preference for content. Its that simple, Editors have guidelines as to what is acceptable in their publications. They arent allowed to publish outside the box.

Everytime a media outlet is sold or changes hands the burning question is "how will this affect what we can or cannot publish".

I think that in a forum such as this, I can express myself more openly and with compassion to Injusticebuster. I am not here to present dry facts before a tribunal - my intent as you can see in my posts is to present the human, emotional reality of this situation that exists -

I have, at least, succeeded in touching Betsy with my "narrative". Straight facts dont do that.

I am curious about something, do you represent people who can afford to pay for legal representation or do you do pro bono for these people? How would you represent Injusticebuster in securing employment for him?

Most disabled persons want to work, want to be part of society and the labour market in this country, how do we go about seeing that they are accomodated in the workforce?

ATTENTION FLEA BAD -

I am pretty sure that is where his problems began

Flea bag is a damn good name for you, if you ever want to change that I can think of some others you can use, you are too despicable a person to respond to with any respect or consideration, inf fact I hesitate to use the word "person" in referring to you and addressing your comments......

I believe the rules of the forum are that you add "intellectual content" to the threads here - and not use the forum to vent your ignorance on and insult others.

[FTA Lawyer]

I am a published journalist, I know how to write an article and present facts - I was also instrumental in getting the Northern Tax Deduction passed so I know something about lobbying and influencing people - however when it comes to issues surrounding the disabled and the poor in Canada the Governments turn a blind eye and a deaf ear to them.

The media doesnt want to hear about it because they are driven by their advertisers and their preference for content. Its that simple, Editors have guidelines as to what is acceptable in their publications. They arent allowed to publish outside the box.

Everytime a media outlet is sold or changes hands the burning question is "how will this affect what we can or cannot publish".

I think that in a forum such as this, I can express myself more openly and with compassion to Injusticebuster. I am not here to present dry facts before a tribunal - my intent as you can see in my posts is to present the human, emotional reality of this situation that exists -

I have, at least, succeeded in touching Betsy with my "narrative". Straight facts dont do that.

I am curious about something, do you represent people who can afford to pay for legal representation or do you do pro bono for these people? How would you represent Injusticebuster in securing employment for him?

Most disabled persons want to work, want to be part of society and the labour market in this country, how do we go about seeing that they are accomodated in the workforce?

I'm not sure how, but I guess you missed the part of my post where I wrote:

I simply don't have time to take up unmeritorious and outlandish causes. And it is not necessarily a question of money...I have acted for free or incredibly reduced rates on a number of occasions where I felt it would be unjust not to assist someone.

As for the remainder of your comments, if the WCB is as murderous a bunch as you say they are, and if you are the indeed the persuasive published journalist you profess to be, then instead of gratuitious rants on this forum, why not apply to Bill Gates for a piece of the Buffet pie and write a tell-all collection of emotional anecdotes and expose the WCB and the satanic government officials for the pure evil that they are?

I'm serious by the way...why not write this story...if you're a writer...and there is a story here...

FTA

[Kindred]

I have written the articles and none are accepted for publication.

To be honest because I have been working overseas I havent been that involved lately. I spent a lot of years "involved" with issues and politicis etc. the past year or so I have decided its time for "me", doing things I want to do, traveling, seeing the rest of the world - and I am tired and need to rest for awhile.

[injusticebuster]

FTA

It struck me that in your opinion my case is unmeritorious and outlandish because the Court Challanges Program will be funding my case.

On your website both of you look pretty young so I wonder if you guys have enough of the Charter experience. Just for you info Section 15 of the Charter has a two-fold, remedial purpose:

(1) to eliminate and prevent discrimination, and (2) to promote equality.

It may be said that the purpose of s. 15(1) is to prevent the violation of essential

human dignity and freedom through the imposition of disadvantage, stereotyping,

or political or social prejudice, and to promote a society in which all persons enjoy

equal recognition at law as human beings or as members of Canadian society,

equally capable and equally deserving of concern, respect and consideration.

My case is similar to the recent ruling where the nurse refused to attend to mentally challanged person,

Vice-Chair Kelly violated my dignity and showed total disregard for the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms' guarantee that every person equal treatment without discrimination due to disability when he failed to accommodate me based on my disability and adjourn hearing when I had a panic attack and I needed medications or even pause for a while or provide me with

a glass of water or medical aid. On the contrary, Mr. Kelly was laughing showing vile contempt for me as a human being driven by vile contempt and prejudice.

The Ontario Human Rights Commission violated my dignity when it failed to accommodate me based on disability in violation of the Ontario Human Rights Code's guarantee that

"Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability".

It is the function of the Commission, (a) to forward the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination that is contrary to law;

t is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province

The Ontario Human Rights Code requires accommodation in both employment and services. The refusal to accommodate the Applicant based on his mental disability violated his rights and is offensive to human dignity.

The Ontarians With Disabilities Act, 2001 S.O. 2001, c. 32, at s. 2(1) defines a barrier broadly as “anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice.”

Having "the most respected (former) judge in Ontario" on her side gives Braithwaite more reason to keep fighting.

"The complainants have been denied the equal benefit of the law," Cory wrote in his 15-page decision, noting that the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms guarantee every person equal treatment without discrimination due to disability.

http://www.thestar.com/NASApp/cs/Co...ol=969483202845

I am also thinking about Alien Claims Tort Act but I have to find somebody in U.S.A so I may ask Mr. Gates or Mr. Buffet for help.

For your info The Alien Tort Claims Act (ATCA) of 1789 grants jurisdiction to US Federal Courts over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." In 1980 a Paraguayan man successfully used ATCA to sue the policeman who had tortured his son to death in Paraguay. Others have since filed civil suits against individuals, including Zimbabwe's Robert Mugabe, seeking compensation for damages resulting from breaches of international law. On the rare occassion that a suit is successful, however, the defendant rarely has sufficient assets in the US to satisfy the final judgment.

An interesting development has been the recent efforts to use ATCA to sue transnational corporations for violations of international law in countries outside the US. If these suits are allowed to proceed, then ATCA could become a powerful tool to increase corporate accountability.

U.S. v. Goering 6 FRD 69 (1946); John Doe v. Unocal Corp., Case No. CV 96-6959 RSWL ; Alejandre v. Republic of Cuba, 96-10127-CIV, 96-10128-CIV.

[injusticebuster]

Dear Kindred,

Thank you very much for your kind word and support to survive a combination of feudalism and capitalism like in Dickens's or Zola's novel.

Some people say you can judge a society by how it treats its weakest members.

The Little Match-Seller by Hans Christian Andersen (1846)

It was terribly cold and nearly dark on the last evening of the old year, and the snow was falling fast. In the cold and the darkness, a poor little girl, with bare head and naked feet, roamed through the streets. It is true she had on a pair of slippers when she left home, but they were not of much use. They were very large, so large, indeed, that they had belonged to her mother, and the poor little creature had lost them in running across the street to avoid two carriages that were rolling along at a terrible rate. One of the slippers she could not find, and a boy seized upon the other and ran away with it, saying that he could use it as a cradle, when he had children of his own. So the little girl went on with her little naked feet, which were quite red and blue with the cold. In an old apron she carried a number of matches, and had a bundle of them in her hands. No one had bought anything of her the whole day, nor had anyone given her even a penny. Shivering with cold and hunger, she crept along; poor little child, she looked the picture of misery. The snowflakes fell on her long, fair hair, which hung in curls on her shoulders, but she regarded them not.

Lights were shining from every window, and there was a savory smell of roast goose, for it was New-year’s eve—yes, she remembered that. In a corner, between two houses, one of which projected beyond the other, she sank down and huddled herself together. She had drawn her little feet under her, but she could not keep off the cold; and she dared not go home, for she had sold no matches, and could not take home even a penny of money. Her father would certainly beat her; besides, it was almost as cold at home as here, for they had only the roof to cover them, through which the wind howled, although the largest holes had been stopped up with straw and rags. Her little hands were almost frozen with the cold. Ah! perhaps a burning match might be some good, if she could draw it from the bundle and strike it against the wall, just to warm her fingers. She drew one out—“scratch!” how it sputtered as it burnt! It gave a warm, bright light, like a little candle, as she held her hand over it. It was really a wonderful light. It seemed to the little girl that she was sitting by a large iron stove, with polished brass feet and a brass ornament. How the fire burned! and seemed so beautifully warm that the child stretched out her feet as if to warm them, when, lo! the flame of the match went out, the stove vanished, and she had only the remains of the half-burnt match in her hand.

She rubbed another match on the wall. It burst into a flame, and where its light fell upon the wall it became as transparent as a veil, and she could see into the room. The table was covered with a snowy white table-cloth, on which stood a splendid dinner service, and a steaming roast goose, stuffed with apples and dried plums. And what was still more wonderful, the goose jumped down from the dish and waddled across the floor, with a knife and fork in its breast, to the little girl. Then the match went out, and there remained nothing but the thick, damp, cold wall before her.

She lighted another match, and then she found herself sitting under a beautiful Christmas-tree. It was larger and more beautifully decorated than the one which she had seen through the glass door at the rich merchant’s. Thousands of tapers were burning upon the green branches, and colored pictures, like those she had seen in the show-windows, looked down upon it all. The little one stretched out her hand towards them, and the match went out.

The Christmas lights rose higher and higher, till they looked to her like the stars in the sky. Then she saw a star fall, leaving behind it a bright streak of fire. “Someone is dying,” thought the little girl, for her old grandmother, the only one who had ever loved her, and who was now dead, had told her that when a star falls, a soul was going up to God.

She again rubbed a match on the wall, and the light shone round her; in the brightness stood her old grandmother, clear and shining, yet mild and loving in her appearance. “Grandmother,” cried the little one, “O take me with you; I know you will go away when the match burns out; you will vanish like the warm stove, the roast goose, and the large, glorious Christmas-tree.” And she made haste to light the whole bundle of matches, for she wished to keep her grandmother there. And the matches glowed with a light that was brighter than the noon-day, and her grandmother had never appeared so large or so beautiful. She took the little girl in her arms, and they both flew upwards in brightness and joy far above the earth, where there was neither cold nor hunger nor pain, for they were with God.

In the dawn of morning there lay the poor little one, with pale cheeks and smiling mouth, leaning against the wall; she had been frozen to death on the last evening of the year; and the New-year’s sun rose and shone upon a little corpse! The child still sat, in the stiffness of death, holding the matches in her hand, one bundle of which was burnt. “She tried to warm herself

Some people say you can judge a society by how it treats its weakest members.

[Kindred]

FTA as you can see from the posts, some disabled have difficulties articulating their situation, which has a tragic consequence of them not being taken seriously. Many disabilities can affect thought process, speech, organization and the ability to present information precisely and clearly.

I remember one "nut" in Regina, which is what everyone had labelled him, always on the street, everyone avoided him, I would buy him coffee and one day he told me someone had dropped a pipe on his head at work. He had been working on the rigs in Alberta.

I have encountered more than a few "nut jobs" while visiting the WCB Rehab Centre in Richmond BC. All with work related head injuries. Chemical exposure, direct head injury, oxygen deprivation in a near death accident, all of these contribute to abherant behavior or mental impairment. Their stories as so garbled very few people want to listen to them. They appear to be completely irrational.

There is, buried in their ranting, the truth, the pain and the story of the injustice they have experienced, we have to separate the grain from the straw and treat them with dignity. Hopefully.

People who suffer from mental illness or other illnesses, that lend themselves to strange behaviors, and erratic thought processes at times, are also labeled a "nut job". I have a friend who has Tourettes, and we have gone out for coffee several times, his outbursts are shocking to say the least. Others are deeply offended, though he isnt being intentionally obscene - I dont know what the answer is or where you draw the line, if there is one to be drawn.

My main objective has always been "Life with dignity". which means a minimum income for people who are considered unemployable. I know one person who has been fired from 16 jobs - because of her disability.

Injusticebuster I want you to know I understand what you have been through and how very hard it is for you. If you were to harm yourself today you might miss a solution that shows up tomorrow --

Get in touch with Dawn Canada and see if they can steer you towards some support.

I didn't say that disabled people are not marginalized...I didn't say that they don't deserve better treatment...in fact, I criticized Geoffrey for his harsh and simplistic comments. You have more of an ally in FTA than you think.

You did and I appreciate it, and apologize.

I dont agree with your comments about WCB not obstructing benefits, not when I have seen Adjuticators and Rehab officers over ride and/or ignore medical evidence, even from their own WCB doctors and Psychologists, in order to deny benefits to someone.

There was a case of a Rehab Officer who had a grade ten education and over rode every decision of four Neurologists , the mans GP, a Rheumotolgist, A Physical Medicine Specialist, two WCB doctors and Psychologist and the RO attempted to ignore the MRP as well threatening the claimant during a telephone conversation telling him he had "lost" his MRP and could receive a cheque for $1500.00 and sign off on the case, or he could get nothing --- actually he said "take the $1500 and f**k off because its all you're getting"

Fortunately one of the MRP doctors had told this man after the examination was completed that they were deciding in HIS favour -

This man had seen no less than 8 Specialists in his attempt to return to work and had paid for additional education out of his own pocket when his Rehab Officer authorize it.

WCB had a detective on him for years. It would have been nice if they had just paid him what they were willing to pay a detective. The detective reports ALL said the claimant appeared to be seriously impaired, needed assistance with such things as carrying groceries into the house, had a foot of unshoveled snow on his sidewalk throughout the winter, and had never been observed doing anything that would suggest he was less than disabled - the reports were in his file.

WCB had forced him to undergo a test for MS - read on how this is done, its very unpleasant - a mylogram, (sp?)as well as every other test they could think of to try and "prove" he had a degenerative disease unrelated to his work injury. It was seven years, six appeals and an MRP before he received compensation. Retro to the date of the accident and then a pension of $500 a month, he has never returned to viable employment. He appealed the pension amount and lost.

When he requested an MRP he was told he didnt need one, couldnt have one, he went to his Minister of Labour and finally to Dale Goldhawk fights back, then he went after his Rehab Officer through the Freedom on Information Act that to find out what his qualifications were for making and over riding medical decisions on his file . That and when Goldhawk rattled their cage finally forced WCB to give him the MRP ....

End of story but not a happy ending. A $500 a month pension based on their "assessment of loss".

IMO their method of determining "amount of disability" isnt right, or valid I would go so far as to say its ridiculous to use this method in determining Disability Pension amounts.

I refer to the "what percentage of total body mass is disabled?" or however they word it, sorry, again, I am very tired and its very late. You have lost both your arms? Thats only about 10% of your total body so you will receive 10% of your income as a disability pension -- I know thats simplistic, but its pretty much how it works.

I also object to the fact that WCB does not contribute to CPP for people who are receiving Permanent Disability Pensions that will be terminated when they are 65. And that they dont cover exceptional medical costs or housekeeping/childcare costs for disabled workers.

There exists a reverse discrimination against injured and disabled female workers who are mothers and single parents of both sexes. Females are treated exactly the same as male claimants, with no consideration given to their additional roles in the household. Whether married or single.

Most married men do not step into the role of the injured or disabled adult female in the family when an accident occurs. The divorce rate for disabled women is horrendously higher than it is for diabled men, when the disability occurs during the marriage.

To be more concise injured and disabled workers often are the only caregiver for children, this should be taken into consideration. IMO

Should injured/disabled workers be provided assistance in maintaining their pre-accident quality of life? I think they should. I think there should be moral obligation to do so when their are children involved.

I am very interested in your comments, and the opportunity to hear your side and your opinions about the situation Canada's disabled face.

[FTA Lawyer]

Injustice Buster,

I didn't say your case was outlandish and unmeritorious...I don't pretend to know the first thing about you or your case from a few posts on a discussion forum.

My point has simply been one of trying to avoid being pegged as a "nut job". Again, I am not calling you that, what I am saying is that if you present your case in a way that makes it easy for a bureaucrat to conclude that you are a nut job, then that is almost certainly what will happen.

As for my Charter litigation experience, I am no Clayton Ruby and have only been arguing cases in Alberta courtrooms since 2000 (2000-2003 as a law student and articling, since 2003 as a full-fledged lawyer). That being said, I have litigated a significant amount of Charter cases in that time. Many lawyers intentionally shy away from Charter issues, I actively seek them out.

This past month in Alberta the Hutterite religion won a court challenge regarding their Charter rights being infringed by the government requiring them to have photos on driver's licenses. Clayton Ruby argued a similar case in Ontario 6 months or so ago. I litigated this issue as a law student way back in 2000 in the Provincial Court and Court of Queen's Bench...so I like to think I was a pioneer on the issue.

Criminal cases provide the most opportunity to argue Charter issues, and probably 75% of my trial matters contain one or more Charter arguments. Most cases never get officially reported...the sheer volume of cases prevents it. Typically, cases which have some signifcance or particular importance will get officially reported, so it is notable when one of your cases does get picked up and written about.

Our website is not complete on the "Our Cases" tab because it is very difficult to get consent from criminal clients to post their cases on the internet. If you search the Alberta Courts Website with my last name you will find 7 reported cases since 2003, and searching my partner's last name will yield 9 reported cases since 2002 (She's a year senior to me). You will also see that of these 16 cases, 9 are in the Court of Appeal. These are not all Charter cases but there are very few young lawyers who can lay claim to as many reported cases as us...in fact, many lawyers who've got ten years seniority to us can't say as much.

Alberta Courts Judgment Search

Okay, that's enough blowing my own horn...

Kindred,

Criminal cases all too often exist because a mentally or physically challenged person has slipped through the proverbial cracks in the system. Believe me, I work hard to sort out the frivolous cases from those who are just not being heard due to an inability to effectively communicate.

Last month I finally managed to get criminal charges dropped (incidentally by using a Charter challenge) against a 60 year old woman suffering from an organic brain disorder. She was charged with criminal mischief for annoying police by calling them too often to report what she believed were criminal offences. This woman was charged in December of 2004 and it took me until May of 2006 to get her charges dropped...to date I have received no compensation for this file, and doubt that the client will ever be able to pay me anything for my time.

Last year I had the opportunity to be in a group of about 100 people who heard Justice Beverly McLachlin, C.J.C., deliver a speech at the University of Calgary about the problem of mental ilness being criminalized because where our social assistance system fails, the criminal justice system cleans up the mess. I am very much in tune with advocating on behalf of those with disabilities to ensure that what looks like criminal behaviour is not improperly dealt with in the criminal system when really all that is needed is better social assistance programs.

On a more personal level, I have an epileptic seizure disorder which thankfully is fully controlled by medication. I am a member of the Epilepsy Association of Calgary and I am currently working with administrators of the association to provide free legal advice to other members and people in the general public about issues related to epilepsy and employment, driving, and if it arises, criminal charges.

I am only one guy, trying to make a go of a private law practice, but I like to think that I have done and continue to do more than my share looking out for those with disabilities.

FTA

[Kindred]

My daughter has epilepsy and one of the lowest points in living with it was when I picked up her prescription for her because she was at work and the Pharmacist asked me " are you her care giver? Does she understand how to take her medication?"

My response was "she has epilepsy, she isnt mentally disabled - and you call yourself a pharmacist? Your ignorance is appalling and an insult toyour profession. She is a straight A honour roll student, and has a part time job which is why I'm picking up the prescription for her, thanks for asking though ....."

She learned quickly not to let employers know about the epilepsy, she is fortunate, its nocturnal and controlled.

The ignorance of even so-called professional people .. well I am not one to keep my mouth shut and walk away thinking I should have said something ... Not when I see a woman I know is schizophrenic being led out of the park by two perverts - and she tells me they have invited her to their house "for dinner". :angry:

I am happy to meet you FTA ! I have always said "where are the young gungho lawyers we see on TV, fighting for justice?" These days its usually "if you will give me a $30,000.00 retainer I will take your case ..."

On a personal level, I have a very minor head injury, the stupid thing is I cant count change!

Thats how its affected me - I am always being ripped off, people in the line up behind me rolling their eyes and saying "oh yay another dumb blonde". I just say "I have a head injury whats your excuse?" They usually shut up and feel embarassed .....

Thats why when I say "there but for the grace of God go I ......." I mean it, I am one of the lucky ones .. and thank God for debit cards and Visa ......

[Kindred]

Injusticebuster we arent referring to you when we say "nut jobs". I am using it to point out the ignorance of a lot of people. And the intolerance.

Its all those ignorant people out there who dont understand the challenges the disabled face - and judge them as being "nuts" rather than disabled. Invisible disabilities are the hardest to cope with -

I find your posts interesting ... its a perfect example of falling through the holes in the system ...and dont forget what I said ...... If you were to harm yourself today you might miss a solution that shows up tomorrow --

Could you work on good days as an online tutor or marker?

[injusticebuster]

Freaks was a thing I photographed a lot. It was one of the first things I photographed and it had a terrific kind of excitement for me. I just used to adore them. I still do adore some of them. I don't quite mean they're my best friends but they made me feel a mixture of shame and awe. There's a quality of legend about freaks. Lke a person in a fairy tale who stops you and demands that you answer a riddle. Most people go through life dreading they'll have a traumatifc experience. Freaks were born with their trauma. They've already passed their test in life. They're aristocrats." - Diane Arbus

http://www.profotos.com/education/referenc...ianearbus.shtml

[Kindred]

I have sometimes said " I, in a way , admire those who have the courage to totally go with their insanity - the rest of us try so hard to hide ours "..

[injusticebuster]

Kindred,

I have got mail from Mr. Prime Minister Harper.

On behalf of the Honourable Diane Finley, Minister of Human Resources and Social Development, who is also responsible for Service Canada, I am responding to your electronic message of May 29, 2006.

As the issues you raise fall under the responsibility of the Province of Ontario's Ministry of the Attorney General, I have taken the liberty of forwarding your correspondence for consideration to the office of the Honourable Michael J. Bryant.

Yours sincerely,

Aline Charlebois

Director

Ministerial Correspondence and Corporate Services

c.c. Office of the Honourable Michael J. Bryant, M.L.A.

FTA Lawyer,

Typical tactic of shifting liability?

[Kindred]

Thats what I ran into a lot too, it was someone else's responsibility. However I did come into contract with Moe Sahota via being transferred, and the Minister of Labour in BC - cant remember his name, its changed since then and both of them DID contact WCB - and I believe it was my refusal to stop asking for action that eventually resulted in a Royal Commission Inquiry as I was contacted and asked to present some information at the Inquiry -

However nothing appears to have come of the Inquiry and its findings ...

[injusticebuster]

Kindred,

I am not going to give up. Fighting for justice and equality is the reason I am still here. I will fight to stop doublethink and marginalization and devaluation.

History of Holocaust taught us a lesson as Bishop von Galen condemned the attempt by Nazis "to give legal sanction to the forceable killing of invalids, cripples, the incurable and the incapacitated." He said, "Once admit the right to kill unproductive persons, then none of us can be sure of his life. A curse on men and on the German people if we break the holy commandment 'Thou shalt not kill'... Woe to us German people if we not only licence this heinous offence but allow it to be committed with impunity".

Nazi Persecution of the Mentally and Physically Disabled

http://www.jewishvirtuallibrary.org/jsourc...t/disabled.html

Marginalization and devaluation

Please share your experience about your campaign and how to proceed to inquiry.

[injusticebuster]

Kindred,

Un du Brutus contra me??

And you Kindred against me?????

[Rue]

Geoffrey

Would you hire somebody like me?

I have excellent knowledge of human and labour rights, history of standing up, almost 20 years of experience from insurance and finacial industries, university education and few professional designations.

But there is a little problem ... I am suffering from mental and physical difficulties.

Here's the answer. If I could I would hire you but I am struggling to find stable work for myself! That said to be very blunt, I would only hire you after I knew for sure you were agreeing to take medication to manage your bi-polar disorder. If I knew you were doing that I would want to hire you for a job where you could use your hands. There is no reason a guy like you can't work. I know many people with bi-polar disorder who have struggled and they work. Sure they may not be raking in millions but they work. The key though is, they can't work if they don't take their medication because as you know if you don't take your medication, your thoughts race ahead and you see things in a perspective no one else can or quite frankly wants to.

As for your physical disabilities, I do not know what they are but I must agree with those posters who have compassion with anyone who has a disability. If you have a serious physical disability which is another issue then I am not in the position to say whether there is work where your physical limitations do not matter.

There are organizations that offer sheltered work environments for persons with psychiatric illnesses just as there are sheltered work environments for persons with serious physical limitations. Whether you havetried to work with these organizations and swallow your pride and perhaps dignity and work with them is something only you can decide.

What I will say is this...our country has a disgraceful record when it comes to accommodating the disabled and it will only get worse as the population ages at the same time.

That said, as individuals I hope we can all find the strength to resist thinking of ourselves as hopeless victims and fight like hell to achieve something positive. What else can I say.

[Kindred]

Not I Injustice, I know what a fight you have ahead of you and all I can offer is dont give up, and sympathize and emphasize with the frustration and injustice you have suffered, and all the disabled have suffered in this "great" democratic nation of ours. Which treats people kind of like the Naizs did.

Claude Richmond years ago (1980's) when he was an MLA or whatever, said "some people will just have to fall by the wayside" when questioned about cuts to Social Services and other benefits for the poor and disabled. What the hell does that mean? "Fall by the wayside?"

Richmond has just spent hundreds of thousands here in BC "teaching" the poor how to cook properly Never mind that they cant bloody well afford food in the first place. A letter to the Editor that I wrote pointing this out was never published because Richmond is part of the "old boys club" ..... You arent allowed to criticize the "Good Ole Boy Gods" in the media ........ not in BC anyhow.

I wont say "keep trying, it will get better for you" because that is a platitude too often give to too many disabled people and its, frankly, a stupid thing to say, it doesnt get better. It wont "get better" until Canadians, as a united people, come on board and say "Disabled people deserve more -" and this is what they deserve.

How often have you heard disability or poverty issues raised as a campaign platform? The biggest hypocrites are the NDP. I dont expect the Liberals or the Conservatives to give a damn about the disabled, but a long time ago I naively expected the NDP would -- yah right.

But sometimes miracles happen .....

One can only hope that in time as more voices are added there will be changes. The poor and the disabled could hold a lot of power if they could just unite in a cohesive vote for equality -

The unfortunate part is they are the people less able to demand justice and speak for themselves.

There are people like FTA fighting for individuals but what is needed is a message to the Politicians that there are over a million of us and we WILL control the election of our Government. One individual at a time isnt going to change things for the majority.

Most people appear to thing that if a person is diabled its because of a lifestyle choice they made, because of something they did. There is still an archaic superstitious thought in the world that "bad things dont happen to good people". If bad things happen then you must be a bad person and deserved it.

In 1996 there were over 400,000 disabled workers in Canada, however there arent good stats collected or gathered. The Government appears to not want to know them.

The degree of acceptance versus rejection of persons with disabilities

Acceptance or rejection of a person from an educational, workplace or social setting is very difficult for most to even consider. The usual answer to this exploration was: it depends.

Generally, participants felt that all Canadians should have the opportunity to participate in life to the fullest of their ability, that this is part of the Canadian way of doing things. However, the complicating factor, said some, after thinking about it for a while, is that those with some disabilities may not be able to participate fully without having a negative impact on the full participation of those who do not have disabilities.

These participants felt that the rights of the disabled person need to be balanced with the rights of others, particularly in relationship to integration into the workforce and in school programs. While not wanting to appear unsympathetic to the rights of disabled persons, some do worry that an able-bodied person in the work force might end up “discriminated against” in favour of a person with a disability.

Generally, it was agreed that if a person has the skills necessary to complete a work function, then they should have an opportunity to work. One concern, voiced by a few, is that this might mean that another candidate for a job might be overlooked in the effort to “hire the handicapped.”

Some said that, while some companies are trying to accommodate the needs of those with physical handicaps, in many of these cases, the effort is more “token” than real.

There is more concern about the appropriateness of putting children who are learning challenged in classes with those who are not. Some argue that it is important for people to become familiar with people who have either physical or mental disabilities. Some argue that class sizes are now larger and that teachers are stretched; integrating children with special needs into classes in the mainstream may compromise the quality of education.

Some felt that if there is a way to “categorize” physical and mental disability, then it might be possible to integrate some students with disabilities and to offer special segregated opportunities to others.

It was generally agreed that it would be easier to evaluate and integrate persons with some physical disabilities into school programs and the workplace than it would to integrate people with learning disabilities, or with some types of mental illness.

Most feel that there has been a significant positive movement toward accepting those with physical disabilities into more mainstream activities, school, work, cultural activities and social environments.

In terms of acceptance of other disabilities, including those that are related to disease, or “lifestyle,” many participants feel that there is low social acceptance. Some feel that this is primarily because of poor awareness and a lack of information available to the general public.

While they are not quite sure how it will be possible, many feel that it is in the best interests of Canada that persons with disabilities are given the assistance that they need to be full participating members of Canadian society.

Awareness and opinions about the barriers to inclusion created by disabilities

Participants were in general agreement that money and support are available to persons with disabilities. Most also felt that it is very likely that this funding and support is not enough to help persons with disabilities to experience life with dignity and some comfort.

Many feel that psychological barriers to the integration of people with physical disabilities have improved over the past 15 years, but that the same cannot be said for less visible disabilities, particularly those which some may feel are “lifestyle-related,” including mental illness, learning challenges, HIV/AIDS, Hepatitis C, smoking-related illness, obesity and related illness, including heart health, hypertension, and diabetes, drug- and alcohol-related illness. Some are not quite sure if “lifestyle-related” illnesses should be/are included in the definition of disability.

Many felt that one of the key barriers to full participation in society by those with disabilities is grounded in lack of information/awareness and education. Most said that integration of those with disabilities should begin at an early age, and should be part of both school and recreational programs.

Most would agree that those with physical disabilities can and should, where possible and practical, be integrated into school, work and social opportunities. The same cannot be said for those with mental illness, nor those with certain learning challenges.

Generally, participants hope for some sort of “assessment” that would allow integration where it is appropriate and that would find other solutions where integration isn't possible.

A few participants in this study were not so sure that integration is the most appropriate approach for either visible or invisible disabilities. Some wondered if perhaps a disabled person might not enjoy the company of people with similar disabilities to their own.

A few participants felt that, perhaps, integration of those with disabilities is the idea of the “able” rather than what would best serve those with disabilities. These participants felt that those with disabilities should be involved in consultation on this issue, not those without disabilities.

found here Canadian Attitudes Toward Disability Issues

http://www.sdc.gc.ca/asp/gateway.asp?hr=/e...p2.shtml&hs=hze