Dr. Emma Bartfay's lawsuit and taking back
our individual rights from governments

Nipawin - September 30, 2000 - By: Mario deSantis

lack of democracy

In a 1996 interview with former Prime Minister Pierre Elliot Trudeau(1), TV journalist
Hannah Gardner asked him why people have become so cynical about our politics and
politicians. Trudeau responded that the cause of our cynicism towards politicians is the
present lack of democracy and this has occurred because of the so called 'globalization'
of our economy.




So, Pierre Trudeau was very concerned about our gradual loss of democratic freedom as
brought by the globalization of ever big businesses along with the related trend in Tort
Reform. And I have described Tort Reform as the "legislation which includes no-fault
provisions and which takes away the individual right to sue for the perceived wrong of
another person or business(2)."



we have

I remember Pierre Trudeau's vision of a 'Just Society' and I can understand his deep sadness
when he realized how we have been deceived by our own businesses, governments, politicians
and legislators. Our businesses, our bureaucracies and our political leaders will not give us
back our individual freedom we have lost with ongoing Tort Reform, and as mentioned in a
previous article, we "must take individual and collective actions to stop our decadent
authorities to cause further damage(3)."



system is
more worth than

In Saskatchewan, we don't have legal class actions, we cannot receive legal services through
contingency fees(4), but thanks to our outgoing Premier Roy Romanow we have a no-fault
government breaking the laws and committing human rights violations(5), while at the same
time we pride ourselves of being the first province to establish the Human Rights
Commission and of experiencing a peaceful non litigating society. This is the province
where the political system is more worth than individual rights(6), a province which kept
David Millgard's behind bars for twenty-two years for a crime he didn't commit, a province
which was first in balancing the budget at the expense of the most indigent people of our



punitive damages

Until 1995 there was a trend for suing to receive compensation for damages directly incurred
by the tort of another person or business, for suing to receive compensation for pain and
suffering, for suing to receive punitive damages against the malicious and cruel behaviour
of other people or businesses. In the area of wrongful dismissal, it is my understanding
that the case Dixon v. British Columbia Transit (1995) was the last judgment where punitive
damages were awarded. In particular, Justice Hamilton stated the following(8):



curtail the abuse of power

Transit's conduct in feeding the media information implying that Dixon was dismissed for cause when Transit was aware it could not prove cause was harsh and reprehensible. Transit's refusal to pay Dixon his severance when they knew it was owing and even after they admitted it was owing was vindicative and malicious... Such conduct by public servants should be deterred. One of the proper uses of punitive damages is to curtail the abuse of power... General and aggravated damages are insufficient to achieve the goal of punishment and deterrence. This is a proper case for the assessment of punitive damages. (Pp.148-149 B.C.L.R.)



'Just society'

In this same year of 1995, our own Saskatchewan Government, instead to protect the rights
of the people, enacted the no-fault auto insurance legislation: no more proper compensation
for losses incurred, no more compensation for pain and suffering, and no more awards for
punitive damages! This is a far cry from the 'Just society' envisioned by Pierre Trudeau. And
in 1997, David Harris, a lawyer specialized in wrongful dismissal, commenting on the
judgement of Jack Wallace vs. United Grain Growers Inc. stated that since Mr. Wallace was
denied punitive damages despite having suffered greatly, it is going to take an extraordinarily
abusive firing to trigger punitive damages in wrongful dismissal cases(9). What is more than
extraordinary but the corrupted behaviour of our Saskatchewan authorities?



a government that's involved
in fraud

Today we have a lawsuit against Dr. David Cassidy and the University of Saskatchewan, in
which the plaintiff Dr. Emma Bartfay has stated that she was told to falsify the data for a
research conducted by Dr. David Cassidy on behalf of the Saskatchewan Government
Insurance (SGI)(10). Further, in a meeting organized by the Coalition Against No-Fault
Insurance(11), and in responding to an audience member who asked that the Saskatchewan
Government Insurance (SGI) be charged for human rights violations, accountant Gordon
Adair has stated "any time you have a government that's involved in fraud, it's very
difficult to get after them."



once again

Today is the time to affirm Dr. Bartfay's right to justice, this is an individual right affecting
all of us, and this includes the social right to ask for punitive damages against this same
Saskatchewan Government which is breaking its own laws and violating human rights. Let
us become citizens once again, let us support punitive damages against our own corrupted
governments, let us have back our own democracy, and let us work for the 'Just Society' so
much cherished by the late Prime Minister Pierre Trudeau.
  General reference: Articles by Mario deSantis published by Ensign http://www.ftlcomm.com/ensign/authors/desantisNG.html


We join the millions of Canadians mourning the sudden death of former Prime Minister Pierre Elliott Trudeau on September 28, 2000. An excerpt of the Statement by Her Excellency the Right Honourable Adrienne Clarkson, Governor General of Canada, on the death of the Right Honourable Pierre Elliott Trudeau "We were engaged, and frequently enthralled by this man who told us in his own words that in high school....I had already made up my mind to swim against the tide"




A trend in Tort Reform laws: No-fault, no individual freedom and no responsibility, by Mario deSantis and reviewed by James deSantis, August 14, 2000


Our biased researches are only a symptom of our authorities' corruption: the only remedies are assertion of individual rights and judicial independence, by Mario deSantis, September 27, 2000




A Case for Legal Class Actions and Contingency Fees against Saskatchewan's No-Fault Government, by Mario deSantis, June 29, 2000




Our Phoney Government: preaching Human Rights While Breaking the Law, by Mario deSantis, June 23, 2000


The system is not more worth than one person's rights, by Mario deSantis, July 27, 2000


Honourable Eric Cline has not balanced the budget yet, he forgot our school-children, by Mario deSantis, April 3, 2000


WRONGFUL DISMISSAL, by David Harris of the Ontario Bar, Carswell, 1997-Release 4, §4.54 Punitive Damages. Pp. 4-247 to 4-250


Insensitive firings not tolerated, article in the Globe and Mail, Friday, October 31, 1997


No Gain, No Pain? Study Is Hot Topic. Research favoring auto no-fault collides with trial lawyers, Bob Van Voris, The National Law Journal, May 22-27, 2000 http://www.nlj.com


Transcipts Of Our Second Public Review Of No-Fault In Saskatoon!, PUBLIC REVIEW OF NO-FAULT INSURANCE IN SASKATCHEWAN, Coalition Against No- Fault in Saskatchewan, May 13, 2000, Saskatoon, Saskatchewan http://www.angelfire.com/nf/coalitionagainstnf/nofault.pdf
  Today's illustration includes an image of Mr. Trudeau taken by Canadian Press and the quoation comes from page 22 of Brian Shaw's The Gospel according to Saint Pierre, published by Pocket Books of Canada, a division of Simon & Schuster of Canada, September 1969, Richmond Hill, Ontario.