taking back our individual rights

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.

individual
right
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
lost
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
individual
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

society⁽⁷⁾.

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."

become
citizens
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.

-----------References/Endnotes:

General reference: Articles by Mario deSantis published by Ensign http://www.ftlcomm.com/ensign/authors/desantisNG.html

1.
-
-
-
-
--
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"

2.
-
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

3.
-
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

4.
-
A Case for Legal Class Actions and Contingency Fees against Saskatchewan's No-Fault Government, by Mario deSantis, June 29, 2000

5.
-
Our Phoney Government: preaching Human Rights While Breaking the Law, by Mario deSantis, June 23, 2000

6.
The system is not more worth than one person's rights, by Mario deSantis, July 27, 2000

7.
-
Honourable Eric Cline has not balanced the budget yet, he forgot our school-children, by Mario deSantis, April 3, 2000

8.
WRONGFUL DISMISSAL, by David Harris of the Ontario Bar, Carswell, 1997-Release 4, §4.54 Punitive Damages. Pp. 4-247 to 4-250

9.
Insensitive firings not tolerated, article in the Globe and Mail, Friday, October 31, 1997

10.
-
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

11.
-
-
-
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

------------------Credits

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.

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.

individual right	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 lost	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 individual	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
	society⁽⁷⁾.

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."

become citizens 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.

-----------References/Endnotes:

	General reference: Articles by Mario deSantis published by Ensign http://www.ftlcomm.com/ensign/authors/desantisNG.html

1. - - - - --	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"

2. -	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

3. -	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

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

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

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

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

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

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

10. -	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

11. - - -	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

------------------Credits
	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.