Alberta Court of Appeal - Calgary
May 2013 - Appeal Court decision ignored substantial laws and evidence ( eg TabA ), then blocked my letter of response to Canmore lawyers illegal procedure of last minute verbal arguments and new legal grounds of appeal - which I obviously had no chance to prepare a response during final minutes of verbal arguments.
Even without my response, I had previously submitted the Supreme Court decision in tampered transcript which is proven by my audio recording. I also learned that Court of Appeal does not release recordings - that they are the private use of the Appeal Judges only - why all the secrecy - to hide proof of abuses and injustices.
This is just one case of many - you would be surprised to learn how many innocent people are abused and the rapists and murders wander freely about society because they had enough money &/or political connections to get away with their crimes. Some may say, that the way it is, I reply: Over 100 years ago, women could not vote, yet that too changed like so many other advances in our society - so we should strive to improve our defective, unjust legal system to make law better & fairer for all people.
===== My Filed Documents - Alberta Court of Appeal =====
Onischuk Motion to Strike Canmore Brief
Onischuk AppealRecordDigest-BTableofContents.pdf Evidence-A.pdf Evidence-B.pdf Evidence-C.pdf Evidence-D.pdf Evidence-E.pdf Evidence-F.pdf
CASE FACTS: Town of Canmore offered a (flawed)
public service contract, that was to remove feral rabbits - which
bidding was open to anyone in the public. I claimed Canmore
discriminated because rescuers were forced to fundraise to solve Canmore's
problem and were denied fair bidding for equal funding to do the same task -
removing "feral" rabbits from Canmore.
The Alberta Human Rights Act is supposed to guarantee freedom from discrimination and fair, equal pay in job advertising and employment which is supported by several Supreme Court decisions (see SCC application and supplemental case laws - vol2: SCC:Longuil, SCC:BC-PSERC, SCC:BC-HR ).
Canmore contract tender RFP document (offer for contract employment), public statements and Town bylaws identified the feral rabbits were wildlife which created a legal problem of ownership - because wildlife are owned and managed by Alberta Crown. This legal issue falls under the Municipal Govt Act s.10,13,536-538 which authorizes "a person" to bring a legal action to Court of Queen's Bench. I did so but was denied any legal standing to argue my issues in Court, then again on Appeal, because Canmore lawyers defense was that I was not a Canmore resident - but the MGA does not literally state that, and Courts are supposed to follow the wording of the written laws, with fair liberal interpretation (s.10 Interpretation Act), not make up new meanings (SCC- Lameman, see my SCC application ). Furthermore, the Canmore bylaws (Hunt-Trap, Animal Control) and contract I was applying for were inter-related as both were dealing with Animal Control of "wildlife" and "feral animals". Alberta Wildlife Act regulations did not clearly state that domestic rabbits unique species were not wildlife, and the scientific definition of "feral" is an "animal returning to a wild state of living". All of the contract wording problems and bylaw wording was the sole responsibility of Town of Canmore.
I had also filed claims under the Canadian Charter of Rights, Alberta Bill of Rights and Canadian Bill of Rights. According to
Constitution Act, 1982 the Canadian Charter of Rights is Supreme Law of Canada,
so every other law is supposed to be secondary. Section 24(1) of the
Charter states that any person can bring a legal action to court for any
violations of their legal rights. The Charter of Rights and Alberta Bill of Rights says we have a
freedom of religion-moral conscience (s.2), a right to work anywhere in Canada
(s.6.2b) and a right to be free of discrimination, with for fair, equal
treatment under the laws (s.15.1). I and other rescuers were
discriminated against for our religious-moral conscience beliefs, discriminated
against in contract bidding unfairness, and later by Canmore refusing all
sanctuaries in Autumn 2012-2014. However, despite my "legal rights" and written laws, I
was denied any fair hearings on the merits of these issues in Alberta
Courts. So the "Supreme Law" of Canadian Charter Rights to
argue the legal issues was never allowed in Alberta Courts - on the flismy,
illegally corrupt decision that it was because I was not a resident of
Canmore. I suppose thats why they altered the Court transcripts
and why Judges refused to release Court audio that would prove truth and their
many legal deceptions.
I get stuck with my legal costs, plus whatever Canmore lawyers repeatedly triple their cost claims despite Canmore creating all the legal issues - but Canmore is given no responsibility for doing so. Worst of all, many good people in and outside Canmore are blocked from providing a humane win-win solution that solves the problem faster at lower costs - facts arrogantly overlooked by Judges looking to construct a win for their political masters, their friends & relatives ( eg - is Town Manager Lorrie Obrien related to Appeal Justice Obrien? Which Judges own property investments in Canmore ? ).
**Historical Notes 2011-2013
Friday June 21st 2013 - I faxed the Supreme Court Registry my application to have this case heard by the Supreme Court. After reading the Court of Appeal decision, it is apparent they misunderstood many key facts & issues. Appeal panel wrongfully allowed & used Canmores last minute arguments at the hearing which as any appeal judge or law professor will tell you, that new arguments are not allowed on appeal (only for a constituional issue which was not Canmores new argument I never had a valid contract to allow me any legal standing to proceed). Since the Court of Appeal also reneged to apply my Strike application also, it seems the Court of Appeal appears to be playing favourites of Calgary lawyers & local politics to unjustly support Canmore & prevent any corruption investigations and false propaganda by Canmore officials to misleada public to support killing the rabbits. Appeal panel also placed some untrue comments as to my rescue plans so as to influence Supreme Court not to accept my application. I will post my application to the Supreme Court after I serve Canmore lawyers in downtown Calgary next week (after the floods subside).
03 April 2013 - Despite a lack of sleep and some last minute issues, the hearing at the Court of Appeal in Calgary went well.I must compliment the Honourable Justices Mr. P.Martin, Mr. C.O'Brien & Mr.B.O'Farrell for making sure I had a chance to present legal arguments and issues on behalf of the bunnies, rescuers sanctuaries and the many concerned residents of Canmore. These were the three justices whom have heard my other presentations since Sept 2012, and they impress me with a willingness to listen. I have asked them to consider under the Charter s.2,15(1) that people who want to rescue animals are often discriminated against their religious or moral conscience. In addition to Canmore I also gave rabbit rescue evidence for Kelowna, and University of Victoria. The justices have not made any decisions yet, reserving their judgments on my legal standing, contract issues, my motions to strike Canmore new arguments and factum. The Justices will also decide what fresh evidence will be admitted to help them understand for legal use, the truth of the avoidable tragedy at Canmore that has been kept hidden from the public. News media withholding facts & info have also contributed to allow the senseless, horrific killings by the Town of Canmore. update 13 March 2013 : This is scheduled to be heard Wed Apr 3 at Court of Appeal.**Dan Onischuk, who took Canmore to Court in Nov.2011 to stop the cull, has applied to the Court of Appeal to strike the Canmore Response to his appeal. Dan says "Canmore has had over 3 months to file their reply and offered no reasons why they did not - they want to drag this out as long as possible to ensure that only the kill contractors get any funding support"The Court application can be read at www.rabbitnews.org/news.php
Update 10 Jan 2013: Appeal Court says their fax failed to receive all pages, 21 Dec, so Dan went to Calgary today to spend the day re-filing and making some changes to the application. It is now set for hearing 8 Feb in Calgary at the Court of Appeal - #2600 TransCanada Tower.
Update 11 Feb - Appeal Court Judges need more time to review new materials & Canmore lawyer(s) try to stop my strike application...
Next Court of Appeal hearing 04 March 10AM Calgary...stay tuned !