Subject: ... they said you need a membership card to get inside... Yeah, Right!
Ladies and Gentlemen
Re: Family Law in B.C.
A lady came into my office in July 1996, with 2 teen-age girls, her purse and the clothes on her back. She was frantic. Her husband was at the family home, drinking alcohol, threatening to burn down the family home. He threatened her and the girls - couldn't face the prospect of a separation/divorce.
The lady explained she had been to see 2 lawyers. The first told her he'd help, but first she needed to come up with $ 5000 so he could file a Statement of Claim [$ 262], a Notice of Motion [$ 62], an Affidavit and other documents in Supreme Court of B.C. He said it would take some time to get things done. She didn't have the money so he sent her away.
The second lawyer said to apply for Legal Aid... but that would take weeks and she would need to make financial disclosure - resulting in being denied because she had too many assets. She was in a Transition House that promised a maximum 2-week stay. She was at her wits end when she came to my office in Abbotsford, B.C. - out of the blue.
We talked. I said I would take her and her story to Abbotsford Provincial Court - we would see a Provincial Court Judge and ask for Orders that she be allowed to return to the family home, gain exclusive occupancy of the home, get police escort to the home for safety, get the husband/father out of the home under police escort, and restraining orders preventing him contacting the girls or their mom. But... I told her the Supreme Court of Canada [and the B.C. Court of Appeal] had made rulings that said no Provincial Court Judge could make those types of Orders... telling the people of Canada, that there was no other way except going to Superior Court - explaining the Provincial Court doors were closed to her and to others in her position.
The case Reference Re: Section 6 Family Relations Act [S.C.C.] prevented the Provincial Court from assisting her in any way.
I said we would still go to Provincial Court, with the Law and Equity Act [B.C.] and would ask the Provincial Court Judge to give the help needed, regardless of what a 'higher' Court said. She agreed with my delusional proposal.
So we went. I explained to the Judge how the Law and Equity Act allowed him to make the Orders requested, even though other Courts had said no. He agreed. Judge Lenaghan made the Orders asked for, despite 'higher' Court precedent rulings. She and the girls were home that night, they had their own beds, their father was out of the home, getting help and she and the girls had the protection they needed. Ultimately, the couple reconciled - inviting me for coffee at their Latte Specialty Shop.
The case culminated in my drafting an article that I gave to Professor Wes Pue, UBC Nemetz Professor of Legal History. Wes holds a Doctorate in Law, specializing in Administrative Law and Constitutional Law. He taught previously at Carleton University and at the University of Manitoba. On reading the article, he said clearly it presented a precedent argument that tips the scales in favor of the lay person - it flew in the face of "centralist" legalisms and provided what he called "a revolutionary argument" in Canada's constitutional law history as it then was. He asked me whether I was wanting to start a revolution, because the argument was unique in Canadian history. He circulated the article amongst other faculty, who agreed with his conclusions - stating that the argument provided a way for the common person to hold judges accountable for what they do and don't do.
Ultimately, the article was published in a law journal distributed throughout B.C., called The Advocate [July 1998, Vol. 56, No. 4]. The editor, Tom Woods, said the journal needed to change editorial policy to allow publication because policy prevented a lawyer from commenting on his own case. He said, given the import of the argument and the effects on family law and law generally in B.C., editorial policy was changed to allow me to comment on the case.
The argument is simple. Family Law takes precedence over all other law. The Act is the only piece of legislation in B.C. that governs what judges do and how they do it. It is not taught in Law School faculties, does not form part of the curriculum. Portions of it are edited out of the Law Society of B.C.'s Professional Legal Training Course [P.L.T.C.]. A recent publication called The Annotated Law and Equity Act says this piece of legislation stands unique among all the laws enacted in B.C. It carries much power when properly used - power to allow a mother with 2 kids to stand up to and against powerful Supreme Court of Canada Justices, who are all federally appointed public officials.
B.C. Supreme Court Justices are also federal government appointed federal officials. Every member of the Law Society of B.C. upon joining the Society becomes a federal officer of the federal courts. Every Law Society of B.C. member, who carries a practicing certificate allowing them exclusively to practice law, functions as an 'officer' of a politically appointed federal public body. Hence, the demand for loyalty to higher standing federal officers, i.e. Superior Court Justices.
On July 27.01, a federally appointed B.C. Supreme Court Justice admitted on transcript in Court to altering, revising, changing my pleadings filed on behalf of 180+ seniors involved in a case against Gordon Campbell, Bill Barisoff, and Rick Thorpe [B.C. Liberal Party officials]. The Legal Profession Act [s. 15(3)] says no one but practicing lawyers holding a practicing certificate can revise [draft] pleadings in Court. Justice Drossos was not a lawyer, he functioned as a Justice under the Judges Act [Canada] that prevents Justices from engaging in work licensed lawyers can do. Effectively, Justice Drossos practiced law without a license - an offence under the Legal Profession Act - yet the Society of Law in B.C. took no action against him, and neither did the Canadian Judicial Council. I wrote the Council Dec. 13.01 stating matter of factly "Justice Drossos does not know his ass from a hole in the ground" and proceeded in that
letter and a subsequent letter [Jan. 14.02] to explain how the Attorney General of B.C. at the time [Mr Dosanjh] covered up wrongdoing by Campbell, Thorpe and Barisoff - refusing to prosecute a case against the B.C. Ministry of Energy, Mines and Petroleum Resources where clear evidence of fraud, breach of trust, misrepresentation and contraventions of Mining Law were admitted in Court, including filed Affidavits.
Indeed, during the case, up to 5 lawyers on the other side stood up in Court asking the Justice to ignore their client's filed affidavits... and they were ignored. Those affidavits admit Barisoff and his company mined without a permit, admit seniors blockaded Ministry of Highway tandem trucks from leaving the illegal mine, admit the trucks were loaded with road crush for a highway to the Osoyoos Indian Band casino, admit government and private funds were used to place a fish ladder in a spawning salmon creek to assist the fall salmon spawning run - in a creek that was and is dry in the fall... admit a 15 ton bridge was built with tax money to allow the fish ladder rock to be placed in the creek... a bridge just strong enough to withstand the weight of a rock crusher used by Barisoffs during California Bighorn Sheep rutting and birthing season, right under the lambing grounds and admit the mine operated during the migration time for the California Bighorn to get to their
winter feeding grounds. Hundreds of sheep died the next year, emaciated, starved to death - but the Ministry of Environment [B.C.] did nothing.
I filed argument in B.C. Supreme Court on June 28.00 that resulted in the Law Society of B.C. lodging its own complaint against me on July 28.00 - the first time in its over 130 year history, that the Society decided to attack one of its own members. The reason? My argument left the Justice and the Superior Courts no choice - the Law and Equity Act demands and mandates all courts in B.C. and all judges in B.C., including all tribunals and administrative decision-making in B.C., must comply with the rules of equity, the rules of fairness, i.e. the principles of righteousness that protects families and sacred mother nature, first - above all.
The Society later, through its counsel Jessica Gossen, offered me a deal. Dec. 01, I was told to drop the case against the MLA's and other officials, including a high ranking Q.C. T. Richard Brooke, Q.C. - I was told to tell my clients I would not work for them for free anymore, that yes, everyone knew and agreed they got 'screwed', but that to save any chance of keeping my license in tact, I must turn my back on my clients, tell them I quit on them, and walk away... because in the words of the Society's counsel, there were some heavy duty power players in the Society highly placed who did not want me practicing law under any circumstances whatsoever.
G. Jack Harris, Q.C. [a prominent attorney in the Lower Mainland] told me in Dec. 2000, the only problem with my case against government was "the timing of the election", referring to the May 2001 election coming up. He said if the facts of the case for the seniors and the salmon and the sheep came to light - the likelihood that the Liberals would not be elected was very real, and that highly placed Society members and members of the B.C. Supreme Court Judiciary did not want the NDP or anyone else to have a chance to effect the Liberals getting elected. He said the Society would discredit me - would do all it could to see me go down in flames - and that I had dozens of lawers from high powered firms working behind the scenes to shut me down. In his words, he said they did not like seeing 'their boys' getting the shit kicked out of them in Court and that some power players were intervening and were obstructing the outcome of the case by seniors
and traditionalist Osoyoos Band members - against the powers that be in Victoria and those behind the scenes.
My arguments in that case were based on the same principles I argued for the lady with 2 kids in distress. The Law and Equity Act applies to all court cases, regardless of the parties involved. It ranks unique among legislation in B.C. [and in the Common Law world], for it continues to hold to the principle that the family unit, the fabric of extended family, overrides all other legal rulings no matter where made.
My arguments and continued pressure have had their effect. Justice Drossos resigned one week after admitting in Court to practicing law without a license. The Chief Mining Offical, Eric Beresford, who turned a blind eye to illegal mining and environmental havoc, resigned. The Deputy Executive Director of the B.C. Law Society [and Director of Discipline and Professional Responsibility], Jean Whittow, Q.C., resigned. James Matkin, Q.C., former Executive Director of the Society, resigned. Unbeknownst to me, in May 2000, on the 29th, a lawyer involved in the case, Thomas W. Barnes, wrote to Jean Whittow, Q.C., asking the Society to shut me down - because my pleadings had raised concerns... He acted for 150 municipalities in B.C., all facing repercussions at a local level, because local government decision making would be affected by my argument. Local councils and administrative bodies would be
subjected to having to abide by equitable principles, and could not hide behind government secrecy, non-disclosure or other means of avoiding responsibility, accountability and potential personal liability for 'official' decisions.
I was counsel to the Osoyoos Chamber of Commerce [who represents 200+ Osoyoos businesses] in a case against the Town of Osoyoos, a precedent case, where potentially all Chambers of Commerce, and all other volunteer agencies or societies, could garner their energy, strength and support to stand up to government corruption, allowed by Law Society's who function not unlike the priests of old, who for a price, called indulgences, would take confessions and for money, would make wrongdoing go away and let wrongdoers go free. No different are those Society members, those federal 'officers', who take money from the people, lots of it, claiming justification because some rules say so. My argument simply states that Canada is governed by the rule of law, not the law of rules.
The Provincial Court of B.C. is well equipped to deal with all family law problems, without exception. That Court has no filing fee, there are no "costs" at the end of the day, people can come there to get recourse and redress at little or not cost in a timely way. But lawyers generally will not tell you that - they instead will say to you as they did to the lady and her two teen-age daughterss... pay me $ 5000 up front, and I will help you. But that goes contrary to the Barrister's Oath, that says "Harm No One", just like the Hippocratic Oath.
But in B.C. that Oath is meaningless, given that the Society says a licensed practicing member has no duty to tell his or her client to obey the law. It says, a client's interest is paramount. My argument says, No. Choose between right and wrong. There is no divided loyalty that can allow any 'officer' holding 'public' office, from harming or abusing or otherwise mis-educating the public.
Interestingly, the Law Foundation of B.C. shares responsibility with the Law Society of B.C., to ensure proper education of the public regarding law. But, neither corporation shows any interest in promulgating or promoting or enhancing or supporting education in matters of equity or in making sure would-be and wanna-be lawyers get properly educated about law as a service, not just a job.
The B.C. Law Society has deteriorated into just another business, the injustice business, a legal monopoly exlusively granting to its licensed members the chance to rip off the public because the public is taught 'lawyers' are the only ones trained to deal with 'legal' problems. That is a lie. As long as people treat lawyers like people treated priests of old, with their own vocabulary, their own lingo, their own prestige... the people are doomed to live in 'the dark ages'.
There is a way out. An ancient way that recognizes the extended family begins with the idea that all nature is sacred, all life is sacred, there is no 'religious' - 'secular' distinction as far as equity is concerned.
I trust this brief missive will prompt more discussion and will give hope to others facing the morass of corruption.
Karl-Heintz Eisbrenner, M.A. (Oxon.); L.L.B.
Subject: ... virtually perfect momentary lapses of reason - how I got off Trazadone smokin' and tokin' one step over the line...
They say Edmund Hilary was the first to climb Everest. The first what?
John Lennon sings it: "he blew his mind out in a car"
I lived it, June 4. 1994, my 1986 Camaro IROC, [built by ex-U.S. Navy Seal], got t-boned by a 3/4 ton Ford Pick Up - impact speed = 95KM/hr broadside hit from the left in Abbotsford, B.C., the driver of the truck = a black robed holy roman catholic "priest", late for a wedding... witnesses say the truck was accelerating on impact...
Diagnosis: Right and Front Lobe Brain Damage, Bruised Heart, Internal Bleeding, Broken Tailbone, Spinal Injury, Frozen Shoulder
Treating Neurologist/Psychiatrist: Dr. Karl Enright [Riverview Hospital, sometime Prof at U of T and UBC]
Treatment: 300 mg Trazadone per day indefinitely...
I got licensed to practice law as a B.C. Law Society member on Feb. 12, 1993, having worked as a legal assistant since 1991. I was previously called to the Alberta Bar Oct. 25, 1985.
The Trazadone debilitized me severely. For weeks, Dr Enright juggled distribution of the 300mg dosages, e.g. 200 at night, 50 a.m., 50 p.m., monitoring side effects. He took copius notes on his computer.
I was told by at least half a dozen psychiatrists, psychologists, vocational counsellors and other health professionals I would never be able to practice law in B.C., or anywhere else, again. I went into denial. Severe denial. Dr Enright said so. I returned to full-time law practice 8 days after the MVA, serving over 100 clients in 100 open files. I had no x-rays of spine. I had not a mark on me. The gas tank of the Camaro was squashed like an accordian. Luckily I had less than 1/4 tank of gas... any more and the car would have exploded on impact, said the cop. The T-Tops blew 50 feet in the air... the car took out a bus shelter and a pole, before stopping at the edge of a waterfilled ditch. I took the steering wheel in the chest, my seat and seatbelt broke, my tailbone broke, had internal bleeding, bruised heart... but no mark on me...
I told Enright the Trazadone was putting me in a 'no no' zone, so I started smoking pot and weaned myself off the pharmaceutical Trazadone at 300 mg/day, prescribed how many hundreds of thousands of times? The Law Society of B.C. and ICBC were well aware I self-medicated with cannibis sativa [i.e. hemp oil was used by Old Testament prophets to annoint kings, hemp incense was burned at the Incense Altar as a smudge, hemp butter and hemp clothes mark the equivalent First Nations' reverence for the life of red and yellow cedars as evidenced in the Hope Totem across from the White Catholic Church by the river near the Motel].
The "B.C. Law Society", a corporation, allowed me back on the active practising roster, in August 1997. I took time off from late 1996. I put myself on the non-active practicing list. I saw Enright and others... because in 1996, I was suffering motor function and other manifold brain injury trauma after-effects - renovated my 60 year-old-farmhouse, listened to Pink Floyd, read the Dictionary, took neuro-linguistic programming training at Erickson College... smoked pot and got Enright convinced to write the Society saying I could still practice law, but not as much of a workload could I carry as I did before.
Imagine you are a lawyer having just been in the Court of Appeal on a case worth 20 - 80 million dollars, against the B.C. government, and against public officials who face liability, responsibility, and accountabilility for covering up a political - legal fraud. Imagine a high ranking University Professor tells you the case you are on scares the shit out of power players in B.C. and that you won't get publicity. Imagine Charlie Smith, of Georgia Strait, saying the powers that be did not just bury the case, they paved it over... van der Zalm faxes me saying the case exposes the worst scandal in B.C. political/legal history...
Imagine the Court tells you to go ahead... argue the case, express your beliefs. 180 seniors fighting 3 levels of government, including their local MLA, involved in a scheme to build a road to a casino... millions of dollars to be made... but the media concentrates on Glen Clark and a $ 12,000 deck. Interior B.C. newspapers publish 140 or more articles about the case, ramifications for mining in B.C. - ramifications for treatment of natural resources... but not one reporter touches it in the lower mainland.
Gary Symons, reported investigatively for the Penticton Herald, until he wrote an article about the case, revealing the last May 2001 election was "rigged" by federal government, Paul Martin PMO office, appointees.
The case and my beliefs and arguments present the first time in Canadian history, a way, a weapon for groups of lay people to use to get governments, i.e. public servants to act as servants and not as tough taskmasters like the Egyptian Pharaohs.
The case exposes how every $ 1.00 bill paid in wages is cut almost in half by scissors wielded by "public servants"... who eat and feed on the backs of the wage earner.
My beliefs and arguments show that 70% of people in jail, are there on pot related "crime" convictions. Yet, the most senior B.C. Court of Appeal Justice, Madam Justice Southin, says laws making pot growing a crime, are themselves "crimes" imported from the U.S., forced on Canada in 1937 as a political policy manouever, creating money making schemes for profiteers, like cops, judges and lawyers. She says those are the only ones benefitting from the pot crime laws and says she doubts the federal government has the power to make those laws and says further the Old and the New Testaments do not say anything about prohibiting or otherwise growing pot. Indeed, the Book of Revelation says we are not to harm any green growing herb, grass or tree. And pot's herbal qualities and healing qualities are well-known and renowned throughout the history of civilization.
Pot = manna from heaven. Multifold uses for food, shelter and clothing. Healing. Smudging. Anointing. Sacred uses, as in the peace pipe.
On July 28.03 in Kelowna Provincial Court, I argued that those who take an oath of office, cannot turn around and abuse it or break it, by making contracts, whether by public or private corportions. I said Chretien was guilty of treason. Crown counsel did not disagree.
On May 10.04, Chief Justice Lance Finch said "The short answer to your question, Mr Eisbrenner... is "no" - after I asked him whether he was prepared to obey the law and order the relief I was asking - would he follow the principles and enactments and declarations of the Law and Equity Act of B.C.? He said, No.
But then he applied the same law May 17, 2004 in a case where a lady wins against a big insurance company.
Karl-Heintz Eisbrenner, M.A. (Oxon); L.L.B.