File No. F3412
THE CROWN A F F I D A V I T
A F F I D A V I T
I, Robert William Nicholson, Research Consultant, of Kelowna, in the Province of British Columbia, HEREBY MAKE OATH AND SAY AS FOLLOWS:
1. I am the Respondent herein and as such have personal knowledge of the facts and matters hereinafter deposed to except where the same are stated to be based on information and belief and where the same are so stated I verily believe them to be true.
2. This affidavit is provided in support of, and as proof of the extenuating circumstances that caused me to expend a vast amount of financial and other resources to ensure my children’s safety and welfare, and why I am now requesting that any child maintenance arrears payable by me, be adjourned and that further interim maintenance be suspended until the conclusion of these matters by a trial judge.
3. In accordance with; The Child, Family and Community Service Act [RSBC 1996] Chapter 46, 2(a), 2(d), 4-1(a), 4-1(b), 4-1(c), 4-1(d) 4-1(f), 4-1(g), 13-1(a), 13-1(b), 13-1(c), 13-1(d), 13-1(e), 14(1), 14(3); The United Nations Declaration of the Rights of the Child, principle 2, principle 8, principle 9, I took it upon myself to expose the dangers and repeated sexual abuse that threatened my children’s welfare, and to enjoin the aid of, The Ministry for Children and Families; The Royal Canadian Mounted Police in Hope, Midway and Sicamous B.C.; The RCMP Public Complaints Commission; Mr. Finn Jensen, Attorney at law; Mr. Brett Carlson, Attorney at law, Ms. Vicki Auerbach, Attorney at law; Mr. Michael Mackin, Attorney at law, Ms. Anita Knight, Attorney at Law; Dolphin Investigations Ltd; Northwest Private Investigators Ltd; Interglobe Investigations Services Inc; John Turnbull, Private Investigator; Child Counselor Nicklas Ehrlich, MSW; Dr. Allen Postuma, PhD., Registered Psychologist; Dr. Gary Flint, PhD., Registered Psychologist; Jane Wakefield, PhD., Registered Psychologist; to remove my children from an abusive home situation.
4. My maintenance obligations would never have become an issue or a problem if the reported abuses to my children had been acted upon and investigations conducted to prove that my children were in danger and removed from the situation they were in. My children’s safety and welfare has always been my main concern and priority.
5. Attached hereto as Exhibit "01" is a copy of my 2003 resume.
6. Attached hereto as Exhibit "02" is copy of my psychological assessment as prepared by Dr. Allen Postuma in November, 1993.
7. Attached hereto as Exhibit "03" is a copy of my book 'Stolen Innocence - Organized Child Sex Abuse in British Columbia Exposed', published in 1998.
8. Attached hereto as Exhibit "04" is a copy a book critique for 'Stolen Innocence Organized Child Sex Abuse in British Columbia Exposed' submitted by Ted L. Gunderson, FBI Bureau Chief (ret).
9. Attached hereto as Exhibit "05" is a copy of a letter of reference dated September 01, 2002 from Ted L. Gunderson, FBI Bureau Chief (ret).
10. Attached hereto as Exhibit "06" is a copy of the professional background of Ted L. Gunderson, FBI Bureau Chief (ret).
11. Attached hereto as Exhibit "07" is the brief background biography of Morgan Chai, a former U.S. Intelligence agent, as posted on her web site: www.2500aday.
13. Attached hereto as Exhibit "09" is a copy of the acknowledgement to myself, as contained in Morgan Chai’s book ‘Retrieved’ - copyright 2003 - ISBN 0-9744380-0-6.
14. Attached hereto as Exhibit "10" is a copy of a news article from the Vancouver Sun, dated Thursday, April 22, 2004, referring to my child protection web site: www.rwnicholson.com as being an educational site.
15. Due to the numerous threats and subsequent actions experienced in this family case, I have been extremely apprehensive to deal with the B.C. Provincial Court matter [File No. F3412 ], to date, because of my extreme concerns for the lives and safety of my children.
16. On October 14, 2003, I contacted the Chilliwack court registry via telephone to confirm that I was scheduled to appear in this matter the following day. I was informed at that time that I had been scheduled to appear the week before, October 08, 2003.
17. Because of my extreme concern for the lives and safety of my children in dealing with all matters pertaining to this case, I erroneously wrote the wrong date on my calendar.
18. I have been extremely apprehensive to deal with this Family Maintenance Enforcement Program [FMEP] matter in the Supreme Court case in Salmon Arm [File No. 5260], including my filing of an application for variance of maintenance to the Supreme Court as per the order made by Judge Hoy in this matter on July 23, 2003.
18-1. The application for an order that any child maintenance arrears payable by me, be adjourned and that further interim maintenance be suspended until the conclusion of these matters by a trial judge, was heard in the Supreme Court in Salmon Arm on September 10, 2003. Judge Dohm stated; "I could do something but I won’t". 18-1(a). Attached hereto as Exhibit "11" is a copy of my notice of motion and affidavit filed in the Supreme Court of British Columbia, Salmon Arm Registry, No.5260, on August 11, 2003 as per order of Provincial Court Judge Hoy.
19. I did state to Judge Hoy in this FMEP matter on July 23, 2003 the death threats directed toward my children, should I pursue any aspect of this court case, Provincial or Supreme.
20. I do now and have for some time, absolutely and unequivocally taken the death threats towards my children, extremely seriously.
21. The following are representative examples of some of the previous threats and subsequent actions that have been directed towards myself, my children and my former lawyer, Mr. Michael Mackin.
21-1 In September 1993, my son, Scott Nicholson, stated that he was told by Barbara Foster of Hope Community Services, not to disclose any more abuse to me. Attached hereto as Exhibit "12" is page 02 of the affidavit of my son, Cory Nicholson, filed in the Supreme Court on April 26, 1994, wherein paragraph 17, Cory documents Scott’s disclosure.
21-2. Attached hereto as Exhibit "13" is the letter from child counsellor, Nicklas Ehrlich, as was attached to my affidavit filed in the Supreme Court on April 22, 1994, wherein paragraph 03 documents my son Cory Nicholson’s information regarding his brother, Scott Nicholson’s fear of making further disclosures. Nicklas Ehrlich’s curriculum vitae is additionally attached to this exhibit.
21-3. In 1995, RCMP Cst. Mark Bernard of the Sicamous RCMP detachment informed me in a telephone conversation that I would be charged with stalking if I continued identifying the persons my ex-wife was associating with. He further advised me that the RCMP would ensure that I would receive maximum penalty afforded by law if I did continue.
21-3(a). The telephone conversation with Cst. Bernard followed my reporting of additional sexual abuse disclosures made to me by my son Scott Nicholson, then aged 5. At that time, his mother, Susanna Nicholson was associated with Gary Berndt. My lawyer at the time, Mr. Michael Mackin, informed me that Gary Berndt was a known repeat child sex offender.
21-3(b). Attached hereto as Exhibit "14" is a letter that I sent to Cst. Meyers of the Sicamous RCMP detachment regarding Susanna Nicholson’s association with Gary Berndt. I did not receive any response to this letter.
21-4. In 1995, Cst. Mark Bernard of the Sicamous RCMP informed my son Cory Nicholson, then aged 16, that the RCMP did not believe anything that I was reporting. Attached hereto as Exhibit "15", is a copy of my son, Cory Nicholson’s affidavit, dated November 26, 1996, wherein Cory identifies the statements of Cst. Mark Bernard in paragraph 09.
21-4(a). Cory was emotionally distressed as a result of the statements made to him by RCMP Cst. Mark Bernard. Attached hereto as Exhibit "16" is a letter written by registered psychologist, Dr. Gary Flint, following two counselling sessions with Cory.
21-5. In October of 1995, I received an extremely brief telephone call from an unknown male from an unidentified telephone number. The unknown male warned me to 'discontinue with all legal action or my family would suffer.'
21-5(a). I did not take this warning seriously and continued my efforts to bring this family case to trial in the Supreme Court of B.C.
21-5(b). On November 04 1995, there was an attempted abduction of my son Cory Nicholson, then aged 16, my niece Julian Hewitt, then aged 15 and their mutual friend Tara Waller. The abduction attempt occurred on the grounds of the high school in Sicamous.
21-5(c). The abduction attempt was reported to both the Sicamous RCMP and the principal of the Sicamous High School. I do not have an RCMP file number for this incident however Cory Nicholson can verify the facts.
21-6. In 1996, my lawyer, Mr. Michael J. Mackin, withdrew from this case because he had been threatened for representing me in the associated Supreme Court matter. Attached hereto as Exhibit "17" is a copy of Mr. Michael J. Mackins' letter of resignation.
21-6(a). In 2000, I met very briefly with an individual named Doug in Grand Forks, B.C. Doug telephoned me and asked me to meet with him under the pretext of myself doing some research for him.
21-6(b). Doug informed me that the threat toward my lawyer, Mr. Michael Mackin, had been perpetrated by RCMP members from the Hope and Kelowna detachments. Doug additionally stated that these RCMP members were concerned that Mr. Mackin’s legal course of action would identify their non-professional involvement in criminal activities and their unprofessional association with my former wife Susanna Nicholson.
21-6(c). Doug described the individual who physically made the threat towards Mr. Mackin, in specific detail, consistent with Mr. Mackin’s description, including the type of shoes that the individual was wearing. I am of the understanding that the only persons who knew these types of details were the individual making the threat, Mr. Mackin, myself and the RCMP officer that Mr. Mackin reported the incident to.
21-6(d). I can not remember the date, however I did contact Mr. Mackin and inform him of this information.
21-6(e). I have not seen nor heard from the person who identified himself to me as Doug since meeting him that one time in Grand Forks, B.C., in 2000.
21-7. During the time period in which Private Investigators, working on my behalf were pursuing the allegations that Susanna Nicholson was working for "Satin Dreams Escort Agency" in Kelowna, an unknown male left a brief message on my pager, saying; ‘If I kept pushing, they [unidentified] would show my ‘ex’ what hooking was all about’.
22. All reportings of child sexual, physical and emotional abuse that I have made to either the Ministry for Children and Families and/or RCMP were a result of the multitude of disclosures made to me by my children themselves.
23. The following are representative examples of a multitude of abuse issues pertaining to my children.
23-1. In 1993, at the age of 03, my son, Scott Nicholson, began disclosing numerous instances of on-going sexual and physical abuse.
23-2. In 1993, my son, Scott Nicholson, disclosed being photographed in the nude in compromising positions by his mother Susanna Nicholson. I reported this disclosure to both the Ministry of Social Services and the RCMP in Hope, B.C. Scott’s disclosure is also contained in an affidavit that I filed in the Supreme Court during the time period.
23-2(a). Attached hereto as Exhibit "18" is page 04 of my son, Cory Nicholson’s affidavit filed in the Supreme Court on April 26, 1994, wherein Cory states in paragraph 35 that is younger brother, Scott Nicholson told him that his mother, Susanna Nicholson was taking pictures of both he and his younger sister, Stacie Nicholson when they had no clothes on and that she was making them get undressed.
23-3. In 1993, my son, Scott Nicholson disclosed being ‘spanked on his penis’ by his aunt Anita Nicholson, to counsellor Nicklas Ehrlich, as is documented in paragraph 03 of Exhibit "13" of this affidavit.
23-3(a). Cory Nicholson’s states in his affidavit, Exhibit "18", paragraph 34, that his brother, Scott Nicholson had told him several times that his aunt Anita Nicholson was "spanking his wiener".
23-4. In August of 1993, my daughter, Stacie Nicholson, aged 02, received a fractured leg while in the care of her mother Susanna Nicholson. Attached hereto as Exhibit "19" is the radiology report from the Fraser Canyon Hospital in Hope, B.C., dated August 05, 1993.
23-4(a). Susanna Nicholson provided at least two different accounts describing the circumstances of how and where Stacie Nicholson’s leg was broken. Attached hereto as Exhibit "20" is a copy of an interview statement with Jim Rodgers, as conducted and documented by Dolphin Investigations Ltd, wherein Jim Rogers informed the private investigator that Susanna Nicholson provided he and his wife Cindy Rodgers, two versions of how Stacie Nicholson’s leg had been broken. Jim and Cindy Rodgers had been friends of Susanna and myself for several years.
23-4-(b). The attending physician, Dr. Vetter did inform me that she had suspicions relating to Susanna Nicholson’s account of the circumstances relating to Stacie’s broken leg. Attached hereto as Exhibit "21" are pages 61 and 62 from Susanna Nicholson’s Examination for Discovery, wherein Susanna Nicholson refers to Dr. Vetter’s ‘surprise’ regarding Stacie’s broken leg.
23-4(c). Dr. Basson, my physician at the time, also informed me that he had reported his own suspicions of child abuse to the Hope RCMP. Attached hereto as Exhibit "22" is a letter of response from S/Sgt W.E. Hill to Ms. Auerbach, my lawyer at the time, addressing the child abuse reporting by Dr. Basson.
23-4(d). During the time period, I received several anonymous phone calls from both males and females making very serious allegations related to the circumstances surrounding Stacie Nicholson’s broken leg. These allegations did include specific reference to Stacie being dropped from a semi-tractor by her mother, Susanna Nicholson.
23-4(e). In 2002, I was informed, in person, that Stacie’s leg had been broken as a result of her being dropped out of a semi-tractor by (unknown) somewhere between Kelowna and an unknown location in Alberta. I was further informed that Stacie was transported back to Kelowna and then to Hope, B.C, before her broken leg was reported.
23-4(f). In May 2004, the individual who provided me with the information outlined in paragraph 23-4(e) did agree to provide oral testimony, only to a judge in this matter.
23-4(g). Susanna Nicholson does state in her Examination for Discovery, Exhibit "21", that Stacie Nicholson was not taken in for medical treatment on the day of her injury.
23-5. On March 23, 1994, during a weekend visitation with my children, my son, Scott Nicholson, aged 04, told me that his aunt Anita Nicholson had been hitting him. Scott then showed me the bruising on his body. I immediately took Scott to Dr. J.F. Farrel for an examination. Attached hereto as Exhibit "23" are Dr. Farrell’s clinical notes.
23-5(a). On March 23, 1994, I reported my son, Scott Nicholson’s abuse disclosure and supportive bruising, as identified by Dr. Farrel, to the Ministry of Social Services, via their Zenith telephone line.
23-5(b). On March 24, 1994, Ministry of Social Services case worker Phyllis Green contacted Dr. Farrel and advised him to disregard Scott Nicholson’s abuse allegation, as is documented in the last note of page 02 of Dr. Farrel’s clinical notes, Exhibit "23".
23-5(c). The children were still with me on our weekend visitation and there had been no Ministry investigation into Scott’s disclosure when Phyllis Green advised Dr. Farrel to disregard Scott’s abuse allegation.
23-5(d). In 1994, my daughter, Cathy Nicholson, then aged 09, informed child counsellor Nicklas Ehrlich that she overheard her mother Susanna Nicholson and her aunt Anita Nicholson laughing about the incident. Attached hereto as Exhibit "24" is the letter of Nicklas Ehrlich, wherein Cathy’s disclosure is documented in paragraph 06 of page 01.
23-6. In 1995, my son, Scott Nicholson, made disclosures to me about being sexually abused by an undisclosed male adult. At that time his mother, Susanna Nicholson was associated Gary Berndt. My lawyer at the time, Mr. Michael Mackin, informed me that Gary Berndt was a known repeat child sex offender as stated in paragraph 21-3(a) of this affidavit.
23-6(a). In Exhibit "15", the affidavit of my son Cory Nicholson, Cory identifies his mother, Susanna Nicholson’s association with Gary Berndt.
23-7. In 1995, the Midway RCMP initiated an investigation into a sexual abuse disclosure made by Cathy Nicholson, then aged 11.
23-7(a). Collin Fothergill, the perpetrator identified by Cathy Nicholson, was charged. The trial was held in Vernon, B.C. Vernon Court Registry files numbers pertaining to Collin Fothergill are, 28944 and 28946.
23-7(b). Cathy Nicholson’s Victims Assistance file number is 944330. She is currently receiving counselling from a psychologist in private practice and two separate provincial mental health professionals.
23-8. In mid 1994, my lawyer Mr. Michael Mackin introduced me to Mr. John Turnbull. Mr. Turnbull informed both Mr. Mackin and myself that he was a Private Investigator and had previous experience investigating child pornography. Mr. Turnbull agreed to look into the child pornography allegations that had been made by Scott Nicholson and third parties including unknown persons who had left very brief messages on my pager.
23-8(a). In mid 1995, Mr. Turnbull advised both Mr. Mackin and myself that he had confirmed the existence of several pornography tapes in which Susanna Nicholson was a participant. He additionally informed us that there was at least one child pornography tape of one of the Nicholson children. Mr. Turnbull further advised both Mr. Mackin and myself that he would be able to obtain copies of these tapes through his contacts.
23-8(b). Mr. Mackin did advise me when he resigned as my legal counsel in 1996, that he had not seen or heard from Mr. Turnbull since our last meeting in 1995. I have not seen or heard from Mr. Turnbull since last meeting with him and Mr. Mackin in 1995.
23-9. In the late spring of 1999, my daughter, Cathy Nicholson, telephoned me from Quesnel informing me that she had been ‘hit’, ‘confined’, and ‘left alone’ at the home of one of her mother, Susanna Nicholson’s friends. She told me that she had ‘gotten away’ to phone me and was very ‘scared’ for her safety and that of her younger siblings, Scott Nicholson and Stacie Nicholson.
23-9(a). Cathy Nicholson told me that her mother Susanna Nicholson had taken her and her siblings Scott and Stacie to Quesnel to visit some people and that there were ‘weird’ things going on there.
23-9(b). I advised Cathy to immediately contact the Ministry for Children and Families, via their Zenith telephone number, and the Quesnel RCMP.
23-9(c). I asked my mother, Arlie Nicholson of Midway, to immediately contact the Quesnel RCMP.
23-9(d). I immediately drove from Midway to Quesnel with my son Cory Nicholson and his friend Chris Johnston. The trip took approximately 5 hours.
23-9(e). I arrived at the Motel in Quesnel that Cathy Nicholson told me her mother, Susanna Nicholson had rented. Cathy Nicholson and Scott Nicholson were at the Motel, however Stacie Nicholson was not.
23-9(f). Susanna Nicholson and two of her associates, one female and one male, arrived at the Motel shortly after I did.
23-9-(g). Susanna Nicholson absolutely refused to allow me to see Stacie Nicholson and was hesitant in telling me where she was. Cathy informed me that Stacie Nicholson was not at the Motel with herself and Scott and that she believed that Stacie was still at the home of Susanna’s associates.
23-9(h). Cathy moved to Midway with me where she resided for the remainder of the school year. Scott adamantly wanted leave to Quesnel and come to Midway with Cathy, Cory and I. Susanna Nicholson initially told Scott that he could move to Midway and live with me and that she would make arrangements for his move sometime within the week. Scott did not move to Midway with me because Susanna changed her mind a couple of days later.
23-9(i). No one from the Ministry of Children and Families attended to the safety and welfare of my children in Quesnel, even thought Cathy Nicholson did contact the Ministry via their Zenith Help Line, while I was in transit. I also spoke with the intake worker when I arrived in Quesnel.
23-9(j). At no time did the RCMP respond to the repeated telephone requests made by my mother, Arlie Nicholson of Midway, while I was in transit to Quesnel.
23-9(k). The Ministry of Children and Families informed me that because Susanna Nicholson was residing in Sicamous, B.C. at the time of the Quesnel incident, responsibility for investigation lay with the Salmon Arm office of the Ministry of Children and Families.
23-9(l). Mr. Peter Mulner, DHD Supervisor of Child Protection of the Salmon Office for the Ministry for Children and Families, refused to investigate this case. Attached hereto as Exhibit "25" is a copy of the transcript of a tape recorded telephone conversation between myself and Mr. Peter Mulner, from August 1999.
23-9(m). On November 28, 2001, I did file a Private Information, charging Mr. Peter Mulner because of his refusal to investigate the child abuse allegations made by Cathy Nicholson. Attached hereto as Exhibit "26" is a copy of the Private Information dated, November 28, 2001 - Grand Forks, B.C, accompanied by a letter dated November 30, 2001, transferring the file to the Salmon Arm Court Registry.
23-9(n). Mariane R. Armstrong, Administrative Crown Counsel from Salmon Arm, directed a stay of proceedings on all counts. Attached hereto as Exhibit "27" is the letter I received from Mariane R. Armstrong to myself dated April 08, 2002.
23-9(o) It was my understanding at the time I filed my Private Information in Grand Forks, that I had done so within the time period afforded by law. With the exception of Cathy Nicholson who was the victim, the witnesses referred to by Ms. Mariane Armstrong are alleged to be the perpetrators by the victim, Cathy Nicholson.
24. The Synopsis of Psychiatry; Behavioral Sciences/Clinical Psychiatry - Seventh Edition 1994 - Harold I. Kaplan, MD; Benjamin J. Sadock, MD; Jack A. Grebb, MD; states in part that, 'only an estimated 2 to 8 percent of allegations of sexual abuse turn out to be false.’
25. All reportings that I have made to the RCMP regarding Susanna Nicholson’s involvement in criminal activities is based entirely upon information obtained by Private Investigators and/or provided by individuals directly involved with and/or personally witnessing Susanna Nicholson’s participation in those activities.
26. All reportings that I have made to the RCMP regarding the physical and sexual abuse of my children have been based on disclosures the children themselves have made.
27. The following are representative examples of the Royal Canadian Mounted Police involvement in various aspects of the Nicholson family case.
27-1. Between 1993 and 1994, S/Sgt. W.E. Hill, NCO/IC of the Hope RCMP detachment, did on at least two occasions that I can remember, absolutely refuse to interview Cathy Nicholson or otherwise respond to her abuse disclosures when I took her to the RCMP office in Hope, B.C.
27-1(a). Attached as Exhibit "28" is page 07 of the RCMP Public Complaints Commission, Chairman’ Final Report After Review wherein paragraph 03 states that I did attend the Hope Detachment and advised the RCMP that the Ministry of Social Services would interview the child.
27-1(b). I would never go to any RCMP office simply to inform them that I was going to go to another agency to report child abuse. I do believe that this is one of the times that I did attend the Hope RCMP detachment with one of my children, to report sexual abuse only to be refused assistance as is identified, in paragraph 27-1(a) of this affidavit.
27-1(c). The 1995 sexual abuse investigation conducted by the Midway RCMP, identified in paragraphs 23-7 and 23-7(a) of this affidavit, is one of several child abuse disclosures that the Hope RCMP refused to investigate.
27-1(d). In 1995, I was advised by members of the Midway RCMP detachment that they had concerns with the [non-specific] response from [non-specific] Hope RCMP members towards their investigation into Cathy Nicholson’s sexual abuse disclosure.
27-1(e). At the time of their investigation into Cathy Nicholson’s disclosures, I was strongly advised by members of the Midway RCMP detachment to avoid any travel to Hope or Chilliwack because of their concerns with the Hope RCMP.
27-1(f). I was also informed by members of the Midway RCMP detachment while they were investigating the sexual abuse allegations of Cathy Nicholson, paragraph 23-7 of this affidavit, that although they had additional concerns in the way the Hope RCMP were ‘handling’ all aspects of the Nicholson family case, they could not intervene because of jurisdiction issues. Attached hereto as Exhibit "29" is a copy of a non-case related email to myself from the RCMP, stating that the responsibility of sex crimes lies locally, within each Division or Detachment.
27-2. In 1993, I obtained the services of Private Investigators in order to identify the perpetrators of the abuse of my children and to determine the validity of the allegations of Susanna Nicholson’s involvement in criminal activities.
27-2(a). In 1993, the Hope RCMP did inform Susanna Nicholson that she was under surveillance by Private Investigators.
27-2 (b). Attached hereto as Exhibit "30" is a copy of page 07 of Susanna Nicholson’s affidavit dated April 07, 1994, wherein she identifies in paragraph 29, the fact that the Hope RCMP did inform her that she was under surveillance by Private Investigators.
27-2(c). Attached hereto as Exhibit "31" is a copy of a letter from S/Sgt W.E. Hill to myself, dated 94-11-08, confirming that [non-specific] member/s of the Hope RCMP did inform Susanna Nicholson that she was under surveillance by Private Investigators.
27-3. In January 1993, Mr. Richard Buttineau did identify his personal knowledge of Susanna Nicholson’s involvement in drugs, prostitution and pornography, to Private Investigators.
27-3(a). Attached hereto as Exhibit "32" is the statement of Richard Buttineau as provided to Private Investigators of Northwest Private Investigators Ltd on January 13, 1994.
27-3(b). S/Sgt E.D. Hill NCO/IC of the Hope RCMP detachment did absolutely refuse to interview Richard Buttineau when I requested him to do so. I last saw Richard Buttineau was in 1997 at which time he did tell me that he has never been interviewed or his statement taken by the RCMP in regards to this case.
27-4. In May 1994, Mr. Troy Ohochinsky did identify his personal knowledge of Susanna Nicholson’s involvement with drugs and prostitution, specifically Susanna Nicholson’s employment with ‘Satin Dreams Escort Agency’ in Kelowna, B.C.
27-4(a). Attached hereto as Exhibit "33" is a copy of the statement of Troy Ohochinsky, as provided to Private Investigators of Northwest Private Investigators Ltd on May 16, 1994.
27-4(b). S/Sgt E.D. Hill NCO/IC of the Hope RCMP detachment did absolutely refuse to interview Troy Ohochinsky when I requested him to do so. Troy Ohochinsky has never been interviewed or his statement taken by the RCMP.
27-4(c). Attached hereto as Exhibit "34" is a letter from S/Sgt W.E. Hill, NCO/IC of the Hope RCMP detachment to myself, dated April 11, 1995, wherein S/Sgt Hill states in paragraph 02 of page 01 that Mr. Ohochinsky was not interviewed by the Hope RCMP.
27-4(d). Attached hereto as Exhibit "35" is page 11 of the RCMP Public Complaints Commission - Chairman’s Final Report After Review, dated July 10, 1997, wherein the last paragraph states that Mr. Ohochinsky was not interviewed by the Hope RCMP.
27-5. S/Sgt W.E. Hill, NCO/IC of the Hope RCMP detachment states in paragraph 02 of page 02, of Exhibit "34" of this affidavit, that ‘Satin Dreams Escort Agency’ in Kelowna, B.C., as identified by Mr. Ohochinsky, did not exist.
27-5(a). Attached hereto as Exhibit "36" is a copy of a page from the Kelowna Daily Courier, dated Saturday, September 16, 1995, in which Satin Dreams Escort Agency is advertised.
27-5(b). Attached hereto as Exhibit "37" is a letter from psychologist Jane Wakefield to myself, dated March 16, 1996, wherein she states in paragraph 02 of page 02, that ‘Satin Dreams Escort Agency’ was listed in the Okanagan Telephone Directory.
27-6. On May 16, 1995, I reported the theft and disposal of my personal property by Susanna Nicholson to the Hope RCMP.
27-6(a). Attached hereto as Exhibit "38" is a letter from S/Sgt. W.E. Hill, NCO/IC of the Hope RCMP detachment to myself, dated May 30, 1995, stating that my complaint of theft had been discussed with my lawyer, Mr. Michael Mackin and Mr. Mackin considered the issue to be civil in nature.
27-6(b). Attached hereto as Exhibit "39" is a letter from my lawyer, Mr. Michael Mackin to myself, dated March 07, 1996, strongly contradicting the RCMP’s claim that he considered the theft to be a civil matter.
27-7. During a telephone conversation with Cst. Whidden in 1995, I can not remember the date, he informed me that he had contacted the children’s counsellor, Nicklas Ehrlich and that she had advised him that she no longer had concerns for the safety and welfare of my children.
27-7(a). I contacted Nicklas Ehrlich and asked her if she had in fact informed the RCMP that she no longer had concerns for the safety and welfare of the my children. Nicklas Ehrlich was adamant that Cst. Whidden had misinformed me and that she had in fact told the RCMP officer who had contacted her that her concerns for the safety and welfare of my children had not changed. Attached hereto as Exhibit "40" is the letter from Nicklas Ehrlich to myself, dated March 04, 1996, in response to Cst. Whidden’s statement to me.
27-8. On March 13, 1996, I did file a complaint against members of the Hope RCMP with RCMP Public Complaints Commission as referred to in paragraphs 27-1(a) and 27- 4(d) of this affidavit. The RCMP Public Complaints Commission file number is, 2100- 96101V.
27-8(a). I continue to maintain that the RCMP Public Complaints Commission - Chairman’s Final Report After Review, dated July 10, 1997, is not accurate and contains significant misinformation. Attached hereto as Exhibit "41" is a copy of page 03 of the Chairman’s Final Report After Review wherein paragraph 07 states that Susanna Nicholson worked with Cst. Reidy’s wife at the Fraser Canyon Hospital in Hope, B.C. Susanna Nicholson does not and never has worked at the Fraser Canyon Hospital. My ex-sister-in-law, Anita Nicholson, was the medical records secretary at the Fraser Canyon Hospital.
28. The following are representative examples of the Ministry of Social Services involvement in the Nicholson family case.
28-1. In 1993, Phyllis Green of the Ministry of Social Services documented interviewing my son, Cory Nicholson.
28-1(a). Attached hereto as Exhibit "42" is page 03 of the affidavit of Cory Nicholson, as filed in the Supreme Court on April 26, 1994, wherein Cory Nicholson states in paragraph 18 that he does not know Ministry of Social Services case worker, Phyllis Green.
28-2. In 1993, Mrs. Mary Hanna reported child protection concerns to the Ministry of Social Services. Mary Hanna was, prior to the separation of Susanna Nicholson and myself, good friends with Susanna Nicholson. Mary Hanna was a registered nurse, working at the Fraser Canyon Hospital in Hope, a Jehovah’s Witness and lived across the street from Susanna Nicholson at the time she reported her child protection concerns.
28-2(a). In 1993, Phyllis Green of the Ministry of Social Services documented that she had interviewed Mrs. Hanna following her reporting to the Ministry.
28-2(b). When I last saw Mrs. Hanna was in 1997. At that time she still maintained that she has never been interviewed by anyone from the Ministry of Social Services regarding any aspect of the Nicholson family case.
28-3. In 1993, I contacted the Ministry of Social Services, via telephone, several times to express my concerns for the safety and welfare of my children because Susanna Nicholson was allowing their aunt Martha Hewitt/VanDyke to care for them.
28-3(a). Attached hereto as Exhibit "43" is a copy of the 1994 Subject Report, from Northwest Private Investigators Ltd, wherein page 01 documents that Martha Hewitt/VanDyke lost custody of her own children in 1992 because of cocaine related incidences.
28-3(b). Attached hereto as Exhibit "44" is a copy of the 1994 Investigative Report, as prepared and submitted by Shaune Cameron of Northwest Private Investigators Ltd, wherein paragraph 04 of page 04 states that Martha Hewitt had the Nicholson children with her on several occasions.
28-3(c). Phyllis Green of the Ministry of Social Services did inform me that she had no concerns with the my children being in the care and control of Martha Hewitt/VanDyke.
28-4. In 1993, my daughter, Cathy Nicholson, informed child counsellor Nicklas Ehrlich, that she overheard Phyllis Green, family case worker of the Ministry of Social Services and her mother, Susanna Nicholson, discussing a reduction in my visitations with my children, as is identified in paragraph 06 of Exhibit "24" of this affidavit.
28-5. On page 04 of Exhibit "44" of this affidavit, Mr. Troy Ohochinsky informed the private investigators that he knew Phyllis Green of the Ministry of Social Services, that she was a cocaine user, frequent ‘party goer’ and had a non-professional association with Susanna Nicholson.
28-6. Page 04 of Exhibit "44", documents that Ken Simpson of Hope, B.C., informed the private investigators on February 02, 1994, that he overheard Susanna Nicholson state, ‘If she [ I ] could set Rob up one more time, she [ I ] would have the control she [ I ] need’.
28-7. Attached hereto as Exhibit "45" is the affidavit of Rachel Previer, legal assistant to Vicki Auerbach, as filed in the Supreme Court on May 11, 1994, containing the transcript of a tape recording in which Cathy Nicholson, then aged 10, states that her mother, Susanna Nicholson lied.
28-9. In his affidavit, Exhibit "12" of this affidavit, my son, Cory Nicholson states in paragraph 09 that he has lost respect for his mother, Susanna Nicholson, because of her lies.
28-10. Both the Ministry of Social Services case worker Phyllis Green and Family Court Counsellor Pamela Temple have documented that there had been several marital separations during the marriage.
28-10(a). Attached hereto as Exhibit "46" is page 03 of the Short Custody and Access Report, prepared and submitted by Family Court Counsellor, Pamela Temple to the Supreme Court, on November 05, 1993, wherein paragraph 02 documents 04 separations, each lasting a few weeks.
28-10(b). Paragraph 02, page 02 of Exhibit "43" of this affidavit, documents that Susanna Nicholson was receiving income assistance on an irregular basis in 1991, 1992 and 1993.
28-10(c). Attached hereto as Exhibit "47" are pages 46 and 47 of Susanna Nicholson’s Examination of Discovery, wherein she states that she collected income assistance in 1991 for a period of weeks because I had ‘left and said I didn’t want to be married anymore.’ I absolutely deny that I left my family, other than to go to work.
28-10(d). I absolutely and unequivocally deny that any marital separations occurred with the single exception of one in 1987 that lasted approximately 03 weeks. I continue to maintain that I have absolutely no idea what caused that separation.
28-11. On May 16, 1994, my lawyer at the time, Ms. Vicki Auerbach, asked counsellor Ester Cudmore to attend the Supreme Court hearing in Chilliwack.
28-11(a). Following the court hearing, Ms. Cudmore advised both Ms. Auerbach and myself that she overheard Debbie Talbot, a friend of Susanna Nicholson’s counsel her to not allow me access to the family home to obtain my personal possessions, contrary to the order just made. Attached hereto as Exhibit "48" is page 04 the Order made by Master Grist on May 16, 1994.
28-11(b). Attached hereto as Exhibit "49" is the statement of Ms. Cudmore as provided to me by Mr. P.J (Phil) Moriority of Interglobe Investigation Services Inc.
28-11(c). On May 17 1994, I attended the family residence at the time specified in the Court order of May 16, 1994. Ms. Vicki Auerbach had her private investigator, Jano Fransen accompany me to the family home.
28-11(d). Debbie Talbot, was present at the Nicholson family home when Jano Fransen and I arrived there. Debbie Talbot would not allow me access to my home to gather my possessions as per court order. She would only allow me to take the items that had already been placed in the attached garage of the family home. It is my understanding that Susanna Nicholson was in the family home at the time but would not come out to explain why she would not allow me to have various personal items as per court order.
28-11(e). Attached hereto as Exhibit "50" is the statement of private investigator Jano Fransen, identifying the fact that I was refused access to the family home to gather my personal possessions, as per the court order of Master Grist.
28-11(f). Attached hereto as Exhibit "51" is a copy of Schedule 'A', as identified on page 04 of Master Grist’s Court order of May 16, 1994.
28-11(g). The disposal of the personal possessions was reported to the RCMP as is identified in paragraph 27-6 of this affidavit.
28-12. In 1999, I received a telephone call from a female who would not identify herself. She claimed to have been a friend of Susanna Nicholson. This female informed me that Susanna did collect income assistance without my knowledge, while I was working out of town.
28-12(a). After receiving this information, I contacted Walters Bulldozing and Repairs Ltd and requested my employment records for the time that I worked at the coastal logging camp in Hardy Inlet.
28-12(b). I reported my concerns to the Ministry of Human Resources in Salmon Arm on February 03, 2000. Attached hereto as Exhibit "52" is a copy of the fax that I sent to ‘Brent’ at the Ministry of Human Resource in Salmon Arm, on February 03, 2000, which included my record of employment as provided to me by Walters Bulldozing and Repairs Ltd, dated December 21, 1999.
28-13. If Susanna Nicholson did collect income assistance while we were married as the Ministry of Social Services, Custody and Access Counsellor Pamela Temple and the Private Investigators have documented, it was fraudulent and without my knowledge.
28-14. I was also informed by the unidentified female, referred to in paragraph 28-4 of this affidavit, that Susanna Nicholson ‘got into’ cocaine, just prior to our separation and ‘did lots of things’ I didn’t know about to get money to support her habit.
28-14(a). Susanna Nicholson’s involvement with cocaine, persons whom the RCMP refer to as the ‘cocaine crowd’, and her unprofessional association with Phyllis Green, family case worker of the Ministry of Social Services, is documented in the Private Investigators reports, contained within this affidavit.
28-15. Susanna Nicholson has frequently refused me access to and visitation with my children. On several occasions I have had no contact of any kind with my children for several months because Susanna will not allow it. Susanna Nicholson specifically refuses me access to and visitation with my children when I report child abuse and when I pursue any aspect of the ongoing Provincial or Supreme Court case. Paragraph 28-2, Exhibit "45", of this affidavit is one example of my ongoing difficulties in trying to visit with my children.
28-15(a). I have reported Susanna Nicholson’s refusal to allow me access to and visitation with my children as per court orders to both the Hope and Sicamous RCMP on several occasions. The RCMP have simply responded to me by stating that the court orders do not specifically state that they must be enforced by the RCMP, therefore they will not enforce them.
29. In 1998, Ms. Anita Knight withdrew as my legal counsel, without notification to myself, on the same day that a hearing in this family matter was held in the Supreme Court in Salmon Arm on May 20, 1998.
29-1. I was totally unaware that the Supreme Court hearing had been scheduled and had been heard in Salmon Arm on May 20, 1998, until well after the fact.
29-1(a). Susanna Nicholson informed me, when I telephoned to confirm my weekend visitation with my children, that my visitation rights had been reduced from every 02 week to every 03 weeks, as per the court order of May 20, 1998.
29-1(b). My visitation rights to my children were reduced only because the application hearing on May 20, 1998 was uncontested. Attached hereto as Exhibit "53" is a copy of the Order of the Associate Chief Justice, date stamped May 25, 1998.
29-1(c). I did report Ms. Anita Knight’s behaviour to the British Columbia Law Society. The B.C. Law Society investigated my complaints and did rule in my favour. Attached hereto as Exhibit "54" is Ms. Anita Knight’s letter of October 26, 2000, apologizing to me for, not making what were her usual efforts to appropriately withdraw as my solicitor or record.
30. Due to the nature and complexity of this case combined with my lawyer, Mr. Mackin’s resigning as my legal counsel after being threatened for representing me, as identified in paragraph 20-6 of this affidavit, and my lawyer, Ms. Anita Knight’s very unusual method of withdrawing her services as my legal counsel in 1998, as identified in paragraph 29 of this affidavit, I have been unable to find any other lawyer who will represent me in any legal matter associated with any aspect of this ongoing family case.
31. To date, I have totally expended all financial resources in my continuing efforts to protect my children from sexual, physical and emotional abuse. I do not have, nor have I had for some time, sufficient finances to further try to protect my children from sexual, physical and emotional abuse or to pursue any aspect related to this family court case in the Provincial or Supreme courts.
32. Since December 2002, I have been forced to refuse numerous labour intensive employment positions because of my progressively worsening back problem. This disability does seriously effect my abilities and capabilities in accepting a variety of cases related to my current occupation of research and consulting.
32-1. On December 10, 2002, at the request of Mr. Shawn Buckley, the lawyer representing Mr. John Bjornstrom at that time, a colleague and I boated across Shuswap Lake in an attempt to retrieve evidence for Mr. Bjornstorm’s legal defence.
32-1(a). On December 10, 2002, I severely twisted my back and hip in a mishap loading the boat in the dark following our return from the location, identified by Mr. Bjornstrom.
32-1(b). I did not receive any payment for the research I conducted on the Bjornstrom case. It is my understanding that Legal Aid refused to fund my work because I was not a licensed private investigator. I voluntarily surrendered my private investigators licence, in good standing, in 1996, to further pursue child advocacy work. My investigative research abilities have been acknowledged at an international level, as is identified in paragraphs 8 through 14 of this affidavit.
32-1(c). In March 2004, I went to see Dr. Sergers at the Rutland Walk-In Clinic in Kelowna, B.C. because of the increasingly intense back and leg pain I have been experiencing since the boating mishap on December 10, 2002. Dr. Sergers did schedule me for an x-ray. Attached hereto as Exhibit "55" is my x-ray report from the Kelowna General Hospital, dated March 12, 2004, showing degenerative disc disease to disc L5-S1.
32-1(d). During my office visit with Dr. Serger he also informed me that I had very restricted circulation in my left leg and may also have sciatic nerve damage. Dr. Serger suggested that I may require an operation on my leg to correct the circulation problem and recommended that I have tests done at the Kelowna General Hospital to confirm his suspicions.
32-1(e). At present I can only walk a couple of hundred yards before the pain in my left hip becomes severe, my leg goes numb and I am forced to sit down and rest for indefinite periods of time.
32-1(f). I am currently delinquent with my British Columbia Medical payments and have not had the opportunity to follow-up with further medical testing as suggested by Dr. Serger.
33. In September of 2003, I moved from my rental house in Midway, B.C., where I had lived for 06 years, because I could no longer afford to live there. I am currently staying with a friend in Kelowna, B.C., where I do not pay rent.
34. I have repeatedly reported my children’s abuse disclosures and my on-going concerns to every government agency available that had the mandate and the ability to competently investigate, intervene and protect my children. I have totally exhausted all of my finances to the point of bankruptcy in my on-going efforts to do everything legally possible to protect my children from physical, sexual and emotional abuse and to ensure their safety and welfare.
35. In 1995, 06-year-old Matthew Vaudreuil died of physical abuse. The Report of the Gove Inquiry into Child Protection in British Columbia states in part; ‘That at least 60 reports about Mathew’s safety and well-being had been made to the ministry. He had been taken to the ministry. He had been taken to the doctor 75 times and had been seen by 24 different physicians.’ And, ‘The response by ministry social workers to every report of concern for Matthew's safety was inadequate. Social workers did not review Vaudreuil's and Matthew's ministry files, they discounted reports because they suspected the motivation or reliability of complainants, they did not perform collateral checks, they too willingly accepted Vaudreuil's accusations against other people, they did not perform professional risk assessments and, in one case, they delayed doing an investigation for 10 weeks.
35-1. The multitude of sexual and physical abuse disclosures that my children have made and that have been reported is not unlike the Matthew Vaudreuil case, nor are the responses to these disclosures by the authorities involved.
35. I am unable to find any lawyer willing to represent me in any aspect associated with this on-going family matter, as stated in paragraph 30 of this affidavit. I ask this court for its patience with my limited legal abilities and to accept this affidavit and notice of motion for content rather than format.
36. It is with extreme apprehension and fear for the safety and welfare of my children that I present the foregoing/above facts to this court for consideration. I ask this court to uphold and enforce all relevant domestic and international laws, acts, statutes and declarations to ensure the safety and welfare of my children.
37. Based on the foregoing/above, I verily believe I have reasonable and probable grounds to ask this court to use its discretion to accept this affidavit as the basis for my sworn information under the Criminal Code of Canada.
SWORN BEFORE ME in the City of )
__________________,in the Province )
of British Columbia this 12th day )
of July 2004. )
_____________________________ ) _____________________________
A Commission for taking Affidavits ) Robert William Nicholson
In the Province of British Columbia )
ARMSTRONG, Mariane R - Administrative Crown Counsel, Salmon Arm - Exhibit 27
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