Friday, 19 February 2021
Tortured by Canadian government: r.c.m.p oversight pt 4
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Tortured by Canadian government: RCMP Oversight pt3
Tortured by Canadian government: RCMP Oversight pt3: CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR THE ROYAL CANADIAN MOUNTED POLICE COMMISSION'S INTERIM REPORT Royal Canadian Mounted Poli...
Tortured by Canadian government: RCMP oversight pt2
Tortured by Canadian government: RCMP oversight pt2: November 20, 2020 Joseph Aaron Harms 1811 Valleyview Road NE Calgary, AB T2E 6G4 josephharms72@gmail.com Joseph Aaron Harms: Having conside...
Tortured by Canadian government: Civilian Review and Complaints Commission for the...
Tortured by Canadian government: Civilian Review and Complaints Commission for the...: Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Final Report (under section 45.72(2) of the Royal Canadian ...
RCMP Oversight pt3
CIVILIAN REVIEW AND COMPLAINTS COMMISSION
FOR THE ROYAL CANADIAN MOUNTED POLICE
COMMISSION'S INTERIM REPORT
Royal Canadian Mounted Police Act
Paragraph 45.71(3)(a)
DEC 3 2019
Complainant
Mr. Joseph Harms
File No • PC-2016-2649
Canada11
COMMISSION'S INTERIM REPORT
INTRODUCTION
This review arises from the RCMP's disposition of a public complaint filed by
Joseph Harms, concerning the conduct of Constable Colin Folk, Corporal Rick Dozois,
Constable Thomas Parker and Constable Larry MacDonald, all of the Athabasca
Detachment in Alberta, in relation to criminal charges laid against the complainant for
which he was acquitted at trial.
Mr. Harms lodged a complaint on November 3, 2016, with the Civilian Review and
Complaints Commission for the Royal Canadian Mounted Police ("the Commission").
Mr. Harms' allegations include that Constable Folk denied his right to counsel and lied
in his testimony, that Corporal Dozois threatened him, and that an improper
investigation was conducted.
The RCMP investigated the complaint pursuant to the Royal Canadian Mounted
Police Act ("the RCMP Act"). In a report dated April 15, 2019, the RCMP did not support
the allegations.1
On May 7, 2019, the Commission received a request from Mr. Harms to review the
RCMP's report.
On August 13, 2019, the Commission requested all relevant materials from the
RCMP, and on August 27, 2019, it received these materials.
After review, for the reasons outlined below, the Commission has determined that
the RCMP's disposition of Mr. Harms' complaint is unreasonable, in part.
COMMISSION'S REVIEW OF THE COMPLAINT
The Commission is an agency of the federal government, separate and
independent of the RCMP. When it reviews a complaint, the Commission does not act
as an advocate for either the complainant or the RCMP members. Rather, its role is to
investigate independently and make findings after conducting an objective examination
of the information available to it.
The Commission's conclusions are based on a thorough review of Mr. Harms'
complaint, request for review and the trial transcript he provided, the RCMP's
investigational materials and report, as well as relevant policy and law.
1 The relevant materials contained a copy of the RCMP's report dated April 30, 2019. Aside from the date,
the documents were identical.
BACKGROUND FACTS
On May 21, 2011, Mr. Harms was arrested and charged with sexual assault2after
his stepdaughter called 911 to report that she had been sexually assaulted.
Constable Folk was dispatched to respond to the call. Upon arriving at the family's
residence, Constable Folk spoke with Mr. Harms' stepdaughter, who reported that
during the course of an argument, Mr. Harms had, among other things, ripped off her
clothes. Constable Folk located Mr. Harms in the basement; he was holding what
appeared to be a handgun but it was in fact a BB gun. Upon Constable Folk's direction,
Mr. Harms tossed the gun into the corner. Constable Folk then asked Mr. Harms about
the incident.3Upon Corporal Dozois attending the residence, Mr. Harms was arrested
for sexual assault. Shortly thereafter, at approximately 6:20 p.m., Constable Folk
provided Mr. Harms with his constitutional rights, including his right to counsel and the
police caution. At that time, Mr. Harms indicated that he wanted to speak with a lawyer.
Constable Folk transferred him to the detachment. While at the detachment, at
approximately 7:07 p.m., Constable Folk received direction from Corporal Dozois to
obtain fingernail clippings from Mr. Harms for the purpose of DNA analysis. At
7:50 p.m., Mr. Harms' handcuffs were removed and he was provided an opportunity to
contact counsel.
At trial, Mr. Harms was acquitted, as his stepdaughter admitted to lying about parts
of her testimony. The Crown essentially refused to put the stepdaughter's evidence
before the jury, as she was an unreliable witness. Moreover, during the course of the
trial, the Court criticized Constable Folk's conduct regarding Mr. Harms' right to counsel
and his right to silence, and as a result, determined that certain statements made by
Mr. Harms were inadmissible.
Finally, prior to commencing the analysis, the Commission notes that its mandate
is remedial and non-disciplinary in nature. Accordingly, the Commission does not have
jurisdiction to award monetary compensation or to terminate the employment of an
RCMP member.
ANALYSIS
FIRST ALLEGATION: Constable Folk denied Mr. Harms the right to contact
counsel.
Paragraph 10(b) of the Canadian Charter of Rights and Freedoms4 ("Charter")
provides that "[e]veryone has the right on arrest or detention ... to retain and instruct
counsel without delay and to be informed of that right ... ."
2Mr. Harms was also charged with other offences in connection with the alleged incident.
3 Constable Folk's question elicited from Mr. Harms a non-cautioned statement that was excluded at trial
on the basis that it was an infringement of his right to counsel and right to silence.
4 Canadian Charter of Rights and Freedoms, s 10, Part 1 of the Constitution Act, 1982, being Schedule B
to the Canada Act 1982 (UK), 1982, c 1 1.
2
In his public complaint statement, Mr. Harms claimed that he spent four days in
cells and at no time was he afforded a call to a lawyer.
In its report, the RCMP conceded that there was a delay in affording Mr. Harms
with an opportunity to contact legal counsel, but justified the delay based on the exigent
circumstances of needing to obtain his fingernail clippings for evidence.
This issue was addressed at tria1.5In his ruling on the voir dire held to determine
the admissibility of three statements or utterances made by Mr. Harms to
Constable Folk, Mr. Justice Michalyshyn indicated the following:
At the end of the day, on the evidence it's hard not to conclude that nearly from
the get-go in this investigation Constable Folk could have cared less about
Mr. Harms' right to counsel or his right to silence.
His Honour also found that Constable Folk had a cavalier attitude with respect to
the unexplained delays in facilitating Mr. Harms' right to counsel and noted the RCMP
member's selective note-taking. The Court determined that the statement Mr. Harms
made in the basement of his residence prior to his arrest was inadmissible based on a
violation of Mr. Harms' right to counse1.6
In excluding this statement from the evidence, the Court stated as follows:
Here the evidence is of an officer who simply moved forward with his
investigation, either in ignorance of or willful disregard for well-established
Charter standards. The deliberate nature of Constable Folk's actions, in my view,
negate considerations of good faith, and it is conduct which the Court should and
does wish to distance itself from.
The Court determined that two other statements were inadmissible but on different
grounds. These two statements were made by Mr. Harms at the detachment, after he
had indicated that he wished to exercise his right to contact counsel but before being
provided the opportunity to do so. The Court concluded that the statements were
excluded on the basis that their probative value was tenuous and their prejudicial effect
was substantia1.7
However, the Court fell short of excluding these two statements on the basis of a
paragraph 10(b) Charter breach. The Court concluded, with considerable hesitation,
that in terms of the two statements made at the detachment, the unexplained delay in
facilitating Mr. Harms' ability to contact a lawyer was not a violation of his right to
counsel. In making this finding, the Court noted that the delay that occurred after
5 R v Harms (2013), Court of Queen's Bench of Alberta, Action No. 110584125Q1.
The Crown conceded that this statement was a breach of Mr. Harms' paragraph 10(b) Charter rights.
7The Court cited R v Hunter, 2001 CanLII 5637 (ONCA).
3
Constable Folk was advised by Corporal Dozois to obtain Mr. Harms' fingernail
clippings, at 7:07 p.m., was reasonable to protect the collection of relevant evidence
(the potential DNA on his fingernail clippings).
Accordingly, the suggestion in the RCMP's report that the entire delay in affording
Mr. Harms the opportunity to contact a lawyer was attributable to the need to collect his
fingernail clippings is irreconcilable with the Court's finding and the available evidence
provided to the Commission. In accordance with the finding at trial, there was an
unexplained delay essentially from the time when Mr. Harms indicated that he wanted to
speak with a lawyer shortly after 6:20 p.m. and 7:07 p.m., when Constable Folk was
directed by Corporal Dozois to keep Mr. Harms in handcuffs and collect his fingernail
clippings. In other words, the issue of the fingernail clippings did not arise until
approximately 40 minutes after Mr. Harms was arrested and provided with his rights and
police caution, and indicated that he wanted to speak with a lawyer.
While the Court determined that, in the circumstances, the approximately
40-minute delay in facilitating the right to counsel was not a violation of Mr. Harms'
paragraph 10(b) Charter rights, the Commission notes that there was no reasonable
explanation for such a delay presented at trial. Moreover, there is no apparent
explanation in Constable Folk's or Corporal Dozois' police notes or in Constable Folk's
general report for such a delay.
It is noted that RCMP national arrest policy directs that, when making an arrest, an
RCMP member must promptly or as reasonably prudent, comply with paragraphs 10(a)
and (b) of the Charter8The policy that was in effect at the time also indicated that a
detainee's right to make initial contact with counsel "can be exercised when he/she is
arrested or later while in custody."9The RCMP's arrest policy has since been updated
and provides, with respect to that provision, that a detainee's right to make initial contact
with counsel "can be exercised when they are arrested, and as soon as practicable."19
The amended version of the policy is more aligned with the jurisprudence in this
area. In a recent decision, the Ontario Court of Appeal stated that if a detained person
exercises their right to counsel, the police must immediately provide the detainee with a
reasonable opportunity to speak with counsel." The Court also indicated that specific
circumstances, often related to police or public safety, or the preservation of evidence,
may justify some delay in providing access to counse1.12
Finally, contrary to Mr. Harms' contention that he was not afforded an opportunity
to contact a lawyer for the entire four days while in RCMP cells, the evidence reveals
that on the evening of his arrest, albeit after considerable delay, his handcuffs were
RCMP Operational Manual, chap 18.1. "Arrest and Detention."
9 !dem, s4.6.
19 !dem, s 3.6. (amended 2018-06-01).
R v Rover, 2018 (ONCA) 745 at para 25.
12 ldem, para 26.
4
removed and he was placed in the cell block phone room for the purpose of calling a
lawyer.
In light of the above, the Commission finds that Constable Folk denied Mr. Harms
his right to counsel by eliciting a statement from him in the basement without first
providing him with his paragraph 10(b) Charter rights. However, given the finding at trial
that the approximately 40-minute delay in facilitating Mr. Harms' right to counsel was not
a breach of paragraph 10(b) of the Charter, the Commission is not prepared to find that
Mr. Harms was unreasonably denied his right to contact legal counsel after being
arrested.
In conclusion, the Commission recognizes that the events giving rise to this
complaint occurred over eight years ago. Under the circumstances, it would serve no
useful purpose to make any recommendations for further action regarding the conduct
of Constable Folk, as this would only prolong the complaint process. Accordingly, the
Commission is satisfied that by reading this report, Constable Folk will be made aware
of the Commission's concerns respecting his disregard for Mr. Harms' right to counsel
during their discussion in the basement.
FINDING
1) Constable Folk unreasonably denied Mr. Harms his right to counsel by
eliciting a non-cautioned statement from him in the basement; however,
while there was a delay, Mr. Harms was not unreasonably denied his right to
contact counsel after being arrested.
RECOMMENDATION: That Constable Folk be directed to read this report.
SECOND ALLEGATION: Constable Folk provided false information when he
testified at trial that Mr. Harms' ex-wife was not present when Constable Folk
arrived at the residence.
In reviewing this allegation, the Commission notes that the RCMP's disposition is
generally consistent with the investigation materials and the trial transcript. There is no
dispute that Constable Folk testified that while he was talking to Mr. Harms'
stepdaughter at the residence, her mother (Mr. Harms' ex-wife) arrived home. However,
this appears to have been an inadvertent mistake on his part, as there is no evidence to
suggest that he intentionally mislead the court. Moreover, in the Commission's view, it is
immaterial whether Mr. Harms' ex-wife was present when Constable Folk arrived at the
residence or came home shortly thereafter. Accordingly, the Commission finds that the
information before the Commission does not support the allegation that Constable Folk
intentionally provided false information when he testified at trial.
5
FINDING
2) The information before the Commission does not support the allegation
that Constable Folk intentionally provided false information when he
testified at trial.
THIRD ALLEGATION: Constable Folk failed to conduct a proper investigation.
Mr. Harms contends that Constable Folk conducted an improper investigation,
because the DNA analysis revealed no evidence, Mr. Harms' stepdaughter had made
similar accusations against other people and then recanted, there was no documented
evidence of bruising or choking as alleged by his stepdaughter, and the clothes worn by
Mr. Harms and his stepdaughter were not seized for analysis.
In its report, the RCMP addressed the issues raised by Mr. Harms, concluding that
Constable Folk was not negligent in his duty to investigate. In doing so, the RCMP
explained that essentially there were no meaningful results of the samples submitted for
forensic analysis. The RCMP also indicated that the investigation was largely based on
witness testimony (statements), corroborated by other evidence. Finally, the RCMP
noted that Mr. Harms was committed to stand trial after his preliminary inquiry, which
required the standard of there being some evidence upon which a reasonable jury
properly instructed could convict.
Consistent with the available information,13the Commission is satisfied that the
RCMP has reasonably addressed the issues raised by Mr. Harms in terms of the
investigation. In particular, it is apparent that there was a miscommunication with the
forensic laboratory responsible for conducting the DNA analysis that may have
contributed in part to the delay in the testing of some of the samples. While this was
unfortunate, ultimately it did not have any impact on the outcome of the investigation.
Moreover, there is no suggestion in the evidence that this was intentional on the part of
the RCMP or "an act of fraud," as Mr. Harms contends.14
Furthermore, while inconsistencies in Mr. Harms' stepdaughter's evidence arose
during her testimony at trial, a review of her statement provided to Corporal Dozois does
not reveal any material discrepancies. Moreover, Mr. Harms' ex-wife's statement
corroborated aspects of his stepdaughter's statement relating to events that happened
directly after the incident. Notably, the unreliability of Mr. Harms' stepdaughter only
became evident under effective cross-examination by defence counsel.
la The RCMP did not provide the criminal investigation operational file in the relevant materials, although
portions of it were included, such as the statements taken by Corporal Dozois of Mr. Harms' stepdaughter
and his ex-wife.
14Although Mr. Harms suggested that better training in the forensics side of policing be provided to
RCMP members, it is unclear how this would have changed the outcome of the investigation or the trial.
6
[32] Finally, contrary to Mr. Harms' contention, there is nothing in the available
information to suggest that the subject RCMP members, including Constable Folk,
suffered from tunnel vision or failed to consider relevant evidence.
FINDING
3) Based on the available information, it was reasonable for the RCMP to
conclude that Constable Folk's investigation was not improper.
FOURTH ALLEGATION: Corporal Dozois threatened Mr. Harms.
Mr. Harms contends that after Corporal Dozois picked up the BB gun, he came up
to him with two fingers and "slammed" them off his forehead, saying "I ought just shoot
you in the fucking head right now." In his public complaint statement, Mr. Harms stated
that he then lunged at Corporal Dozois, telling him, "How dare you threaten me in my f--
own house." Mr. Harms also stated that Constable Folk got between them, telling
Mr. Harms to relax and that they would straighten things out at the station.
In its report, the RCMP indicated that when asked about it by the Commissioner's
delegate, Corporal Dozois and Constable Folk unequivocally denied that this incident
happened The RCMP noted that there were two conflicting versions of events and
concluded, on a balance of probabilities, that the allegation was unsupported, as the
evidence did not establish whether or not the allegation occurred.
This case is in essence a "he said/he said" situation with respect to what may have
transpired between the subject members and Mr. Harms. Notably, Corporal Dozois'
notebook entries indicate that Constable Folk escorted Mr. Harms up the stairs of the
basement and out of the house. Corporal Dozois then recorded that he retrieved the BB
gun. This sequence of events as recorded in Corporal Dozois' contemporaneous police
notes is inconsistent with Mr. Harms' version of events and therefore tends to
undermine the reliability of his account.
In the absence of some reasonable information to confirm Mr. Harms' account, the
Commission is unable to conclude, on a balance of probabilities, that his version is
more probable than the unequivocal denials of the subject members. Accordingly, the
Commission finds that there is insufficient information to conclude that Corporal Dozois
threatened Mr. Harms by saying that he should shoot him.
FINDING
4) There is insufficient information to conclude that Corporal Dozois
threatened Mr. Harms.
7
FIFTH ALLEGATION: Corporal Dozois failed to conduct a proper bail hearing by
providing unnecessary information to the justice.
Mr. Harms contends that Corporal Dozois, who was acting for the Crown as
prosecutor, stated during the bail hearing that Mr. Harms at one time had been
incarcerated and "admitted to murdering someone some years previously." Mr. Harms
further contends that Corporal Dozois also stated that he could not tell that the BB gun
found at the house was fake.
In its report, the RCMP noted that there was no information in terms of what
representations were made during Mr. Harms' bail hearing. The RCMP indicated that
the "Criteria for Detention of Accused" form completed by Corporal Dozois identified
Mr. Harms' criminal record, which includes convictions for escaping lawful custody,
failure to attend court, and attempted murder. The RCMP concluded that the information
provided during the bail hearing was correct and factual, and within the scope of
Corporal Dozois' duties.
As noted in the RCMP report, there is no transcript of the bail hearing.
Nonetheless, the Commission notes that section 518 of the Criminal Code of Canada
sets out the type of evidence that may be adduced at a bail hearing (also referred to as
a show cause hearing). Generally, section 518 attempts to inject some informality into
the bail hearing; hence, the strict rules of evidence that are engaged at criminal trial are
not necessarily applicable at a bail hearing. Specifically, the prosecutor is able to
introduce "any relevant evidence," including the accused's criminal record. Additionally,
the justice of the peace (or provincial court judge) is permitted to consider any evidence
relating to the need to ensure the safety or security of the victim or witnesses and base
their decision on evidence that the justice considers credible or trustworthy.
Contrary to Mr. Harms' contention that Corporal Dozois sabotaged Mr. Harms' bail
hearing and "abused his powers," the Commission is satisfied that in accordance with
the provision of section 518 of the Criminal Code, it was reasonable for Corporal Dozois
to introduce into evidence Mr. Harms' criminal record, including his conviction for
attempted murder. Moreover, given the scope of information permitted as evidence at a
bail hearing, it was not unreasonable for Corporal Dozois to indicate that Mr. Harms
possessed a replica handgun that was in fact a BB gun.
In terms of Mr. Harms' claim that Corporal Dozois stated during the bail hearing
that Mr. Harms admitted to murdering someone, there is insufficient information to
conclude that Corporal Dozois knowingly provided false information during the bail
hearing.
In light of the above, the Commission is satisfied that Corporal Dozois reasonably
conducted Mr. Harms' bail hearing and did not provide the justice with unnecessary or
false information.
8
FINDING
5) Corporal Dozois did not provide the justice with unnecessary or false
information at Mr. Harms' bail hearing.
SIXTH ALLEGATION: Constable MacDonald and Constable Parker were not
proactive in providing information when exposed to the alleged lies of
Constable Folk.
As noted in the RCMP's report, Mr. Harms has provided no details or explanation
in terms of this allegation. His only reference in his public complaint statement to
Constables MacDonald and Parker is to state that during one of the trial days, the
RCMP members ate lunch in the cafeteria seated at the same table as Constable Folk
and Corporal Dozois.
Given the lack of information and detail from Mr. Harms in regard to the allegation,
the Commission is satisfied with the RCMP's determination that the allegation is
unsupported.
FINDING
6) Given the lack of information and detail, the RCMP reasonably concluded
that the allegation is unsupported.
[45] Pursuant to paragraph 45.71(3)(a) of the RCMP Act, the Commission respectfully
submits its Interim Report.
93.23 ichelaine Lahaie
Chairperson
RCMP oversight pt2
November 20, 2020
Joseph Aaron Harms
1811 Valleyview Road NE
Calgary, AB T2E 6G4
josephharms72@gmail.com
Joseph Aaron Harms:
Having considered the RCMP Commissioner’s response to the Commission’s interim
report with respect to your complaint, I hereby forward, in accordance with the
provisions of subsection 45.72(2) of the Royal Canadian Mounted Police Act, the final
report setting out my findings and recommendations in this matter.
Yours truly,
Michelaine Lahaie
Chairperson
Encl.
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Final Report
Civilian Review and Complaints Commission
for the Royal Canadian Mounted Police
Final Report
(under section 45.72(2) of the Royal Canadian Mounted Police Act)
Complainant Joseph Harms
File number 2016-2649
Dates
Complaint November 3, 2016 Commission’s
interim report
December 30, 2019
RCMP’s initial
report April 15, 2019 Commissioner’s
response
October 7, 2020
Review request May 7, 2019 Commission’s
final report
November 20, 2020
Overview
[1] Mr. Harms asked the Commission to review a decision by the RCMP that did not
support his allegations against RCMP members involved in arresting him, investigating
him, conducting his bail hearing, and testifying at his trial.
Decision
[2] The Commission is not satisfied, in part, with the RCMP’s report into the
matter.
Subjects of the complaint
Name Detachment (at the time of the
incident)
Constable Colin Folk
Corporal Rick Dozois
Constable Thomas Parker
Constable Larry MacDonald
Athabasca, Alberta
Protected “A”
2
Process
[3] The Commission is an independent agency that impartially reviews complaints
made by the public about RCMP member conduct. It is not part of the RCMP.
[4] The Commission relied on the following evidence to reach its decision:
The police file into the original incident
The public complaint
The RCMP’s investigation into the public complaint
Mr. Harms’ review request and the trial transcript he provided
Relevant law and policy
[5] After reaching its decision, the Commission sent a report to the RCMP
Commissioner (Schedule 1), as required by the RCMP Act, explaining why it was not
satisfied with the RCMP’s report.
[6] The RCMP Commissioner sent her response to the Commission (Schedule 2)
and explained what would be done about the case. The Commission considered the
response and is now issuing this final report.
Facts
[7] On May 21, 2011, Mr. Harms was arrested and charged with sexual assault1
after his stepdaughter called 911 to report that she had been sexually assaulted.
Constable Folk was dispatched to respond to the call. Upon arriving at the family’s
residence, Constable Folk spoke with Mr. Harms’ stepdaughter, who reported that
during the course of an argument, Mr. Harms had, among other things, ripped off her
clothes. Constable Folk located Mr. Harms in the basement; he was holding what
appeared to be a handgun but it was in fact a BB gun. Upon Constable Folk’s direction,
Mr. Harms tossed the gun into the corner. Constable Folk then asked Mr. Harms about
the incident.2
[8] Upon Corporal Dozois attending the residence, Mr. Harms was arrested for
sexual assault. Shortly thereafter, at approximately 6:20 p.m., Constable Folk provided
Mr. Harms with his constitutional rights, including his right to counsel and the police
caution. At that time, Mr. Harms indicated that he wanted to speak with a lawyer.
1 Mr. Harms was also charged with other offences in connection with the alleged incident.
2 Constable Folk’s question elicited from Mr. Harms a non-cautioned statement that was excluded at trial
on the basis that it was an infringement of his right to counsel and right to silence.
Protected “A”
3
Constable Folk transferred him to the detachment. While at the detachment, at
approximately 7:07 p.m., Constable Folk received direction from Corporal Dozois to
obtain fingernail clippings from Mr. Harms for the purpose of DNA analysis. At
7:50 p.m., Mr. Harms’ handcuffs were removed and he was provided an opportunity to
contact counsel.
[9] At trial, Mr. Harms was acquitted, as his stepdaughter admitted to lying about
parts of her testimony. The Crown essentially refused to put the stepdaughter’s
evidence before the jury, as she was an unreliable witness. Moreover, during the course
of the trial, the Court criticized Constable Folk’s conduct regarding Mr. Harms’ right to
counsel and his right to silence, and as a result, determined that certain statements
made by Mr. Harms were inadmissible.
Analysis
Allegation #1 Constable Folk denied Mr. Harms the right to contact
counsel.
Commission’s
decision
Constable Folk unreasonably denied Mr. Harms his right
to counsel by eliciting a non-cautioned statement from
him in the basement; however, while there was a delay,
Mr. Harms was not unreasonably denied his right to
contact counsel after being arrested.
Recommendation That Constable Folk be directed to read this report.
Explanation
[10] Section 10(b) of the Canadian Charter of Rights and Freedoms3
(Charter)
provides that “[e]veryone has the right on arrest or detention . . . to retain and instruct
counsel without delay and to be informed of that right . . . .”
[11] In his public complaint statement, Mr. Harms claimed that he spent four days in
cells and at no time was he afforded a call to a lawyer.
3 Canadian Charter of Rights and Freedoms, s 10, Part 1 of the Constitution Act, 1982, being Schedule B
to the Canada Act 1982 (UK), 1982, c 11.
Protected “A”
4
[12] In its report, the RCMP conceded that there was a delay in affording Mr. Harms
with an opportunity to contact legal counsel, but justified the delay based on the exigent
circumstances of needing to obtain his fingernail clippings for evidence.
[13] This issue was addressed at trial.4
In his ruling on the voir dire held to determine
the admissibility of three statements or utterances made by Mr. Harms to
Constable Folk, Mr. Justice Michalyshyn indicated the following:
At the end of the day, on the evidence it’s hard not to conclude that nearly from
the get-go in this investigation Constable Folk could have cared less about
Mr. Harms’ right to counsel or his right to silence.
[14] His Honour also found that Constable Folk had a cavalier attitude with respect to
the unexplained delays in facilitating Mr. Harms’ right to counsel and noted the RCMP
member’s selective note-taking. The Court determined that the statement Mr. Harms
made in the basement of his residence prior to his arrest was inadmissible based on a
violation of Mr. Harms’ right to counsel.5
[15] In excluding this statement from the evidence, the Court stated as follows:
Here the evidence is of an officer who simply moved forward with his
investigation, either in ignorance of or willful disregard for well-established
Charter standards. The deliberate nature of Constable Folk’s actions, in my view,
negate considerations of good faith, and it is conduct which the Court should and
does wish to distance itself from.
[16] The Court determined that two other statements were inadmissible but on
different grounds. These two statements were made by Mr. Harms at the detachment,
after he had indicated that he wished to exercise his right to contact counsel but before
being provided the opportunity to do so. The Court concluded that the statements were
excluded on the basis that their probative value was tenuous and their prejudicial effect
was substantial.6
[17] However, the Court fell short of excluding these two statements on the basis of a
section 10(b) Charter breach. The Court concluded, with considerable hesitation, that in
terms of the two statements made at the detachment, the unexplained delay in
facilitating Mr. Harms’ ability to contact a lawyer was not a violation of his right to
counsel. In making this finding, the Court noted that the delay that occurred after
Constable Folk was advised by Corporal Dozois to obtain Mr. Harms’ fingernail
4 R v Harms (2013), Court of Queen’s Bench of Alberta, Action No. 110584125Q1.
5 The Crown conceded that this statement was a breach of Mr. Harms’ section 10(b) Charter rights.
6 The Court cited R v Hunter, 2001 CanLII 5637 (ONCA).
Protected “A”
5
clippings, at 7:07 p.m., was reasonable to protect the collection of relevant evidence
(the potential DNA on his fingernail clippings).
[18] Accordingly, the suggestion in the RCMP’s report that the entire delay in
affording Mr. Harms the opportunity to contact a lawyer was attributable to the need to
collect his fingernail clippings is irreconcilable with the Court’s finding and the available
evidence provided to the Commission. In accordance with the finding at trial, there was
an unexplained delay essentially from the time when Mr. Harms indicated that he
wanted to speak with a lawyer shortly after 6:20 p.m. and 7:07 p.m., when
Constable Folk was directed by Corporal Dozois to keep Mr. Harms in handcuffs and
collect his fingernail clippings. In other words, the issue of the fingernail clippings did not
arise until approximately 40 minutes after Mr. Harms was arrested and provided with his
rights and police caution and indicated that he wanted to speak with a lawyer.
[19] While the Court determined that, in the circumstances, the approximately
40-minute delay in facilitating the right to counsel was not a violation of Mr. Harms’
section 10(b) Charter rights, the Commission notes that there was no reasonable
explanation for such a delay presented at trial. Moreover, there is no apparent
explanation in Constable Folk’s or Corporal Dozois’ police notes or in Constable Folk’s
general report for such a delay.
[20] The RCMP’s national arrest policy directs that, when making an arrest, an RCMP
member must promptly or as reasonably prudent, comply with sections 10(a) and (b) of
the Charter.7 The policy that was in effect at the time also indicated that a detainee’s
right to make initial contact with counsel “can be exercised when he/she is arrested or
later while in custody.”8 The RCMP’s arrest policy has since been updated and
provides, with respect to that provision, that a detainee’s right to make initial contact
with counsel “can be exercised when they are arrested, and as soon as practicable.”9
[21] The amended version of the policy is more aligned with the jurisprudence in this
area. In a 2018 decision, the Ontario Court of Appeal stated that if a detained person
exercises their right to counsel, the police must immediately provide the detainee with a
reasonable opportunity to speak with counsel.10 The Court also indicated that specific
circumstances, often related to police or public safety, or the preservation of evidence,
may justify some delay in providing access to counsel.11
7 RCMP Operational Manual, chap 18.1. “Arrest and Detention.”
8
Idem, s 4.6.
9
Idem, s 3.6. (amended 2018-06-01).
10 R v Rover, 2018 (ONCA) 745 at para 25.
11 Idem, para 26.
Protected “A”
6
[22] Finally, contrary to Mr. Harms’ contention that he was not afforded an opportunity
to contact a lawyer for the entire four days while in RCMP cells, the evidence reveals
that on the evening of his arrest, albeit after considerable delay, his handcuffs were
removed and he was placed in the cell block phone room for the purpose of calling a
lawyer.
[23] In light of the above, the Commission finds that Constable Folk denied Mr. Harms
his right to counsel by eliciting a statement from him in the basement without first
providing him with his section 10(b) Charter rights.
[24] However, given the finding at trial that the approximately 40-minute delay in
facilitating Mr. Harms’ right to counsel was not a breach of section 10(b) of the Charter,
the Commission is not prepared to find that Mr. Harms was unreasonably denied his
right to contact legal counsel after being arrested.
[25] The Commission recognizes that the events giving rise to this complaint occurred
over nine years ago. The complaint was made some time after the conclusion of the
trial, and the RCMP took almost three years to investigate it. Under these
circumstances, the Commission finds that recommending further action about the
conduct of the member would serve no useful purpose. The Commission is satisfied
that by reading its report, Constable Folk will be made aware of the Commission’s
concerns respecting his disregard for Mr. Harms’ right to counsel during their discussion
in the basement.
RCMP Commissioner’s Response
[26] The RCMP Commissioner agreed with the Commission’s finding and
recommendation. She directed that Constable Folk be made aware of the Commission’s
concerns about his disregard for Mr. Harms’ right to counsel by reading the
Commission’s report.
Allegation #2
Constable Folk provided false information when he
testified at trial that Mr. Harms’ ex-wife was not present
when Constable Folk arrived at the residence.
Commission’s
decision
The information before the Commission does not
support the allegation that Constable Folk intentionally
provided false information when he testified at trial.
Protected “A”
7
Explanation
[27] The RCMP’s disposition of this allegation is generally consistent with the
investigation materials and the trial transcript. There is no dispute that Constable Folk
testified that, while he was talking to Mr. Harms’ stepdaughter at the residence, her
mother (Mr. Harms’ ex-wife) arrived home. This appears to have been an inadvertent
mistake on his part. There is no evidence to suggest that he intentionally mislead the
court.
[28] Moreover, in the Commission’s view, it is immaterial whether Mr. Harms’ ex-wife
was present when Constable Folk arrived at the residence or came home shortly
thereafter. Accordingly, the Commission finds that the information before the
Commission does not support the allegation that Constable Folk intentionally provided
false information when he testified at trial.
RCMP Commissioner’s Response
[29] The RCMP Commissioner agreed with the Commission’s finding.
Allegation #3 Constable Folk failed to conduct a proper investigation.
Commission’s
decision
Based on the available information, it was reasonable
for the RCMP to conclude that Constable Folk’s
investigation was not improper.
Explanation
[30] Mr. Harms contends that Constable Folk conducted an improper investigation
because:
the DNA analysis revealed no evidence
Mr. Harms’ stepdaughter had made similar accusations against other people and
then recanted
there was no documented evidence of bruising or choking as alleged by his
stepdaughter, and
the clothes worn by Mr. Harms and his stepdaughter were not seized for analysis
Protected “A”
8
[31] In its report, the RCMP addressed the issues raised by Mr. Harms, concluding
that Constable Folk was not negligent in his duty to investigate. In doing so, the RCMP
explained that essentially there were no meaningful results of the samples submitted for
forensic analysis. The RCMP also indicated that the investigation was largely based on
witness testimony (statements), corroborated by other evidence. Finally, the RCMP
noted that Mr. Harms was committed to stand trial after his preliminary inquiry, which
required the standard of there being some evidence upon which a reasonable jury
properly instructed could convict.
[32] Consistent with the available information,12 the Commission is satisfied that the
RCMP reasonably addressed the issues raised by Mr. Harms in terms of the
investigation. In particular, it is apparent that there was a miscommunication with the
forensic laboratory responsible for conducting the DNA analysis that may have
contributed in part to the delay in the testing of some of the samples. While this was
unfortunate, ultimately it did not have any impact on the outcome of the investigation.
Moreover, there is no suggestion in the evidence that this was intentional on the part of
the RCMP or “an act of fraud,” as Mr. Harms contends.13
[33] Furthermore, while inconsistencies in the evidence of Mr. Harms’ stepdaughter
arose during her testimony at trial, a review of her statement provided to
Corporal Dozois does not reveal any material discrepancies. Moreover, Mr. Harms’
ex-wife’s statement corroborated aspects of his stepdaughter’s statement relating to
events that happened directly after the incident. Notably, the unreliability of Mr. Harms’
stepdaughter only became evident under effective cross-examination by defence
counsel.
[34] Finally, contrary to Mr. Harms’ contention, there is nothing in the available
information to suggest that the subject RCMP members, including Constable Folk,
suffered from tunnel vision or failed to consider relevant evidence.
RCMP Commissioner’s Response
[35] The RCMP Commissioner agreed with the Commission’s finding.
12 The RCMP did not provide the criminal investigation operational file in the relevant materials, although
portions of it were included, such as the statements taken by Corporal Dozois of Mr. Harms’ stepdaughter
and his ex-wife.
13 Although Mr. Harms suggested that better training in the forensics side of policing be provided to RCMP
members, it is unclear how this would have changed the outcome of the investigation or the trial.
Protected “A”
9
Allegation #4 Corporal Dozois threatened Mr. Harms.
Commission’s
decision
There is insufficient information to conclude that
Corporal Dozois threatened Mr. Harms.
Explanation
[36] Mr. Harms contends that after Corporal Dozois picked up the BB gun, he came
up to him with two fingers and “slammed” them off his forehead, saying “I ought just
shoot you in the fucking head right now.” In his public complaint statement, Mr. Harms
stated that he then lunged at Corporal Dozois, telling him, “How dare you threaten me in
my f-- own house.” Mr. Harms also stated that Constable Folk got between them, telling
Mr. Harms to relax and that they would straighten things out at the station.
[37] In its report, the RCMP indicated that, when asked about it by the
Commissioner’s delegate, Corporal Dozois and Constable Folk unequivocally denied
that this incident happened. The RCMP noted that there were two conflicting versions of
events and concluded, on a balance of probabilities, that the allegation was
unsupported, as the evidence did not establish whether the allegation occurred.
[38] This case is in essence a “he said/he said” situation with respect to what may
have transpired between the subject members and Mr. Harms. Notably,
Corporal Dozois’ notebook entries indicate that Constable Folk escorted Mr. Harms up
the stairs of the basement and out of the house. Corporal Dozois then recorded that he
retrieved the BB gun. This sequence of events as recorded in Corporal Dozois’
contemporaneous police notes is inconsistent with Mr. Harms’ version of events and
therefore tends to undermine the reliability of his account.
[39] In the absence of some reasonable information to confirm Mr. Harms’ account,
the Commission is unable to conclude, on a balance of probabilities, that his version is
more probable than the unequivocal denials of the subject members. Accordingly, the
Commission finds that there is insufficient information to conclude that Corporal Dozois
threatened Mr. Harms by saying that he should shoot him.
RCMP Commissioner’s Response
[40] The RCMP Commissioner agreed with the Commission’s finding.
Protected “A”
10
Allegation #5
Corporal Dozois failed to conduct a proper bail hearing
by providing unnecessary information to the justice.
Commission’s
decision
Corporal Dozois did not provide the justice with
unnecessary or false information at Mr. Harms’ bail
hearing.
Explanation
[41] Mr. Harms contends that Corporal Dozois, who was acting for the Crown as
prosecutor, stated during the bail hearing that Mr. Harms at one time had been
incarcerated and “admitted to murdering someone some years previously.” Mr. Harms
further contends that Corporal Dozois also stated that he could not tell that the BB gun
found at the house was fake.
[42] In its report, the RCMP noted that there was no information in terms of what
representations were made during Mr. Harms’ bail hearing. The RCMP indicated that
the “Criteria for Detention of Accused” form completed by Corporal Dozois identified
Mr. Harms’ criminal record, which includes convictions for escaping lawful custody,
failure to attend court, and attempted murder. The RCMP concluded that the information
provided during the bail hearing was correct and factual, and within the scope of
Corporal Dozois’ duties.
[43] As noted in the RCMP’s report, there is no transcript of the bail hearing.
Nonetheless, the Commission notes that section 518 of the Criminal Code of Canada
sets out the type of evidence that may be adduced at a bail hearing (also referred to as
a show cause hearing). Generally, section 518 attempts to inject some informality into
the bail hearing; hence, the strict rules of evidence that are engaged at criminal trial are
not necessarily applicable at a bail hearing. Specifically, the prosecutor is able to
introduce “any relevant evidence,” including the accused’s criminal record. Additionally,
the justice of the peace (or provincial court judge) is permitted to consider any evidence
relating to the need to ensure the safety or security of the victim or witnesses and base
their decision on evidence that the justice considers credible or trustworthy.
[44] Contrary to Mr. Harms’ contention that Corporal Dozois sabotaged Mr. Harms’
bail hearing and “abused his powers,” the Commission is satisfied that in accordance
with the provision of section 518 of the Criminal Code, it was reasonable for
Corporal Dozois to introduce into evidence Mr. Harms’ criminal record, including his
conviction for attempted murder. Moreover, given the scope of information permitted as
evidence at a bail hearing, it was not unreasonable for Corporal Dozois to indicate that
Mr. Harms possessed a replica handgun that was in fact a BB gun.
Protected “A”
11
[45] In terms of Mr. Harms’ claim that Corporal Dozois stated during the bail hearing
that Mr. Harms admitted to murdering someone, there is insufficient information to
conclude that Corporal Dozois knowingly provided false information during the bail
hearing.
[46] In light of the above, the Commission is satisfied that Corporal Dozois reasonably
conducted Mr. Harms’ bail hearing and did not provide the justice with unnecessary or
false information.
RCMP Commissioner’s Response
[47] The RCMP Commissioner agreed with the Commission’s finding.
Allegation #6
Constable MacDonald and Constable Parker were not
proactive in providing information when exposed to the
alleged lies of Constable Folk.
Commission’s
decision
Given the lack of information and detail, the RCMP
reasonably concluded that the allegation is
unsupported.
Explanation
[48] As noted in the RCMP’s report, Mr. Harms has provided no details or explanation
in terms of this allegation. His only reference in his public complaint statement to
Constables MacDonald and Parker is to state that during one of the trial days, the
RCMP members ate lunch in the cafeteria seated at the same table as Constable Folk
and Corporal Dozois.
[49] Given the lack of information and detail from Mr. Harms about the allegation, the
Commission is satisfied with the RCMP’s determination that the allegation is
unsupported.
RCMP Commissioner’s Response
[50] The RCMP Commissioner agreed with the Commission’s finding.
Protected “A”
12
Conclusion
[51] The Commission has finished reviewing this complaint and has concluded that it
is not satisfied with the RCMP’s report. Having considered the RCMP Commissioner’s
response, the Commission’s review is now complete.
Michelaine Lahaie
Chairperson
Tortured by Canadian government: stonewalling r.c.m.p......
Tortured by Canadian government: stonewalling r.c.m.p......: https://www.theglobeandmail.com/news/national/suit-alleges-rcmp-stonewalling-probes/article1126794/ In my case alone it has been over a ...
Tortured by Canadian government: The cross examination of a false accuser, yet they...
Tortured by Canadian government: The cross examination of a false accuser, yet they...: https://youtu.be/QhJ6bE4z5vs Quoting from the Supreme Court of Canada decision in Nelles v. Ontario , the Alberta Court of Appeal, in Radf...
Tortured by Canadian government: Tortured by Canadian government: Should have been ...
Tortured by Canadian government: Tortured by Canadian government: Should have been ...: Tortured by Canadian government: Should have been dead on a Sunday morning.... : https://youtu.be/IP4G8_alAT4 whether your guilty or not ...
Tortured by Canadian government: Tortured by Canadian government: stonewalling r.c....
Tortured by Canadian government: Tortured by Canadian government: stonewalling r.c....: Tortured by Canadian government: stonewalling r.c.m.p...... : https://www.theglobeandmail.com/news/national/suit-alleges-rcmp-stonewalling-p...
Tortured by Canadian government: Tortured by Canadian government: My proof that My ...
Tortured by Canadian government: Tortured by Canadian government: My proof that My ...: Tortured by Canadian government: My proof that My personal case was indeed a case o... : This is the copy of the official transcripts to the...
Monday, 21 September 2020
Tortured by Canadian government: My proof that My personal case was indeed a case o...
Tortured by Canadian government: My proof that My personal case was indeed a case o...: This is the copy of the official transcripts to the several venues of the preliminary Inquiry as well as proof that I was maliciously prose...
Tortured by Canadian government: The cross examination of a false accuser, yet they...
Tortured by Canadian government: The cross examination of a false accuser, yet they...: https://youtu.be/QhJ6bE4z5vs Quoting from the Supreme Court of Canada decision in Nelles v. Ontario , the Alberta Court of Appeal, in Radf...
Tortured by Canadian government: stonewalling r.c.m.p......
Tortured by Canadian government: stonewalling r.c.m.p......: https://www.theglobeandmail.com/news/national/suit-alleges-rcmp-stonewalling-probes/article1126794/ In my case alone it has been over a ...
Wednesday, 27 November 2019
Tortured by Canadian government: Should have been dead on a Sunday morning....
Tortured by Canadian government: Should have been dead on a Sunday morning....: https://youtu.be/IP4G8_alAT4 whether your guilty or not , you'll pay forever. Your sleep will be haunted, dreams terrifying, feeling...
Should have been dead on a Sunday morning....
https://youtu.be/IP4G8_alAT4
whether your guilty or not , you'll pay forever. Your sleep will be haunted, dreams terrifying, feelings of dread and self doubt, fighting a relentless system that refuses to admit fault.
Your just stuck dead on the day of dread , immovable and succumbed to the finally that you are just a speak in what this world has to offer......like I said before "no one is interested in something you didn't do"
Tortured
Saturday, 28 July 2018
stonewalling r.c.m.p......
https://www.theglobeandmail.com/news/national/suit-alleges-rcmp-stonewalling-probes/article1126794/
In my case alone it has been over a year and a half since I made complaint about what they did to me and in an answer from the oversight committee I have been told that they have no timeline in which to resolve the issue of complaint, nor do they have to keep me informed of the process , only that the process continues month to month, bettering on close to 3 years!
My complaint is simple:
1). How can a man rape a person when that very day I was diagnosed with a herniated disk, the L5 /S1 and that I wasn't able to pick up more then 20 lbs from waist height, in FACT the arresting officers had to remove my full back harness before cuffing me.
This is a contentious issue because that very day just hours after going to the doctor I was accused by a habitual accuser that I was throwing her around and fully picked her up off the floor and put her on the bed, her weight being close to 100 lbs.
2). My accuser told the R.C.M.P that I had "ground his fist in my head and squeezed my face really hard and he even choked me ". Now the problem with that is there never was even any form of bruising, scratching or even injury worthy of a picture from the forensic unit....it didn't happen.
3). My accuser states "he digitally penetrated me and sucked on my breasts" We now have proof from the rape kit that no one sucked on her breasts and no one digitally penetrated her, the rape kit done within the hour of police response and even my own DNA taken within the hour.
Yet the police acted in an act of fraud and delayed the DNA results for over 9 months and even withheld the preliminary results of some of the DNA from the courts in a bid to block my getting bail. After a judge demanded that they produce the DNA results and get the rest tested, by the 9 month they produced all results and even though it was a disqualifying factor that I had committed a crime they still pursued me to trial.
4). my accuser states " he ripped off all of my clothing, undoing my bra and unbuckling my belt and pulling down my zipper" all of which are steel and acceptable to finger prints, yet not even as much as a partial fingerprint was found on any of the items and yet the most ridiculous part is in her formal statement she claims that she was wearing something else entirely.
5). My accuser claims "it rained so hard that day on my way home that I had to exchange clothing because I was soaked through and through" Despite these officers working all that day and knowing that it did not rain, we introduced the national weather data report for the entire month of the accusation and it clearly states that it did not rain that day or the week before or after but only 4mm of precipitation towards the end of the month. Under oath my accuser states "well maybe it was another day"
6). My accuser states that I had a gun as does police and yet they claimed that they could not tell that it was a bb gun with a bright orange tip but went as far as to defraud me of bail to reporting to the justice of the peace whom issues or denies bail that " In all my 15 years as a police officer I could not tell it was a fake gun found in the house", thus furthering the need to deny bail.
7). corporal Doizios why acting as the crown in that bail hearing states that " he admitted to murdering someone some years previously " Further ensuring that my bail would be blocked with suggestions of there being a murder investigation. An utter act of fraud and abuse of powers.
8). I was kept in handcuffs for what felt like 2 days, further injuring my back and always with a promise that if "you confess, we will take off the cuffs".
9). I was held for 4 days illegally without being able to obtain legal counsel, all the while the endless interrogations.
10). Corporal Doizios placed his fingers against my forehead once I was cuffed and stated " I should just shoot you in the head now!"
11). None of the officers checked my alibi that I was at my neighbor's house at the time in question stating " they checked it out and no one lives there" this is utterly false. yes they were renovating but I assure you a whole big family lived there and witnessed me there.
12). A judge in good standings finds that "all of the statements from police will not be admissible for one reason or another" all they could say was they arrested me. Thus finding them to be liars.
All in all they block this complaint. Investigating themselves from within. In a court of law a judge ruled "on several occasions the officers violated his charter rights egregiously" .He goes on to comment that the officers were ill prepared , their notebooks didn't match original disclosure, no one knows who arrested me, just that I was arrested. They admit to destroying ALL of their evidence before trial, while not admitting who told them they could do that. Including any video or audio aids from the detachments surveillance systems.
I could say more but I won't for now but sum it up with this statement.
Since that day back in May 2011, my life has been ruined. My career gone , my home and vehicle , gone. My pets and community all gone and the years since have been torturous. 4 Forensic psychologists have deemed me to have severe and comorbid P.T.S.D and severely depressed, a separate entity of the government has deemed me to be disabled, unable to work and gives me a monthly allowance for disability.
So whereas one form of the government aids me for the wrong done and in essence admitting to it, the others who started it deny me any closure. This right under the nose of our Canadian flag, guaranteed constitutional rights. This could literally happen to anyone. Hope it's not you. Remember, she confessed and they did nothing to her.
Tortured.
Monday, 25 June 2018
Some of what resembles p.t.s.d
This song rings out what some of I feel like in recuperation with all the doctors. It still continues years later.
Tortured
Sunday, 5 November 2017
It's been a while now.
I stepped away from the blog for awhile ever since I left the Hospital, besides the couple updates I added while just getting out. I did it for a reason and that reason is because by going over the Blog, I could see some underlying negativity about it all. Sure what was said and done needed to be said and documented for I was in a fight of my life but the Blog in whole was just negative for me and as things started to mellow out as having been diagnosed with severe, complex and comorbid P.T.S.D, the blog itself was a perpetual trap of reliving that which I went through and thus very counter productive.
Instead, I wanted to put my Blog away for a while until I could have something good to report. That somehow, someway I had managed to salvage some dignity and indeed my very formar life. I believe it's been nearly two years and unfortunate as it is things haven't changed much. I receive a small amount of money from the government each month, barely enough to survive. I awaited nearly 2 years to get a doctor to help me with the P.T.S.D and basically I overcame my fear of leaving the house to going to the gym daily for at least an hour workout.
Tired of waiting for a forensic psychologist to aid with the P.T.S.D and struggling on my monthly federal subsistence cheque , I decided to go back to work or at least make plans to do so as there was much to do to prepare for that as well such as renewing my oilfield tickets and purchasing my oilfield gear and that in itself was a good few thousand dollars between the tickets and the gear. I put together my resume and sent it off to a few companies of note.
At first I tried the oil company I was with and was told that unless "they are extremely busy, I am not up for rehire because I quit without notice" Hard to explain to a company that while on spring breakup I was falsely accused and incarcerated for a lengthy time for something that I didn't and evidentiary could not have physically done, thus my accusers confession at trial. Apparently I should have called my handlers and told them the whole sorry sordid affair I was being dragged through....... like that would have helped right? Anyways the Hell with them.
While I await on more companies responses I had decided to make formal complaint against the Royal Canadian Mounted Police about the roles they played and that by their sheer lack of enthusiasm for the law they were sworn to uphold, they had trashed my life. They sent out an investigator and he sneakingly got me to sign some papers that the complaint would be dealt with in an informal matter. After nearly , well it is a year. I got one phone call that all the officers except one has signed off on the informal solution of more training. By doing so ,in my mind they admit fault , admit they trashed a guy's life and admit that they were incapable of properly doing their job. But here's the catch. They will give me nothing on paper period and will only tell me on the telephone the results. (my guess is that they don't want me exposing it up on this Blog like I've done everything else)
The last hold out a certain Corporal Dozios is a hold out and they can't tell me whether he is sick ,injured or on days off but just that he hasn't signed off on it. Not surprising to me after all I have seen first hand his handy work at law enforcement and his attitude towards certain procedures. I f he had it his way " I should just shoot you in the fucking head now" as told to me that day they arrested me. However this isn't surprising to me because since he committed perjury in court and lied under oath, this is a man capable of anything, badge or not. So in the end I await some more.
In the meantime both my forensic psychologist and forensic psychiatrist both agreed that should I return to work this winter that they will work around my schedule to help me get the help I need to deal with the P.T.S.D , so that is good news. In the meantime I'm hoping and praying to get picked up by an oil company this winter as I have so very much to do and things to prepare for like retirement and owning my own home. Built like a teenager physically now and with 25 years still left for work in my back I do hope to start to make some positive forward steps in my goals.
So yeah, like watching paint dry , I cannot believe its been 2 years, can't with the same breath say that I am impressed and wished that I had something better to say. To end this I will say that a public enquiry might be in order for the cops as well as a lawsuit, while that paint is drying I hope to be working, making forward progress like any other adjusted person.
Joseph
Instead, I wanted to put my Blog away for a while until I could have something good to report. That somehow, someway I had managed to salvage some dignity and indeed my very formar life. I believe it's been nearly two years and unfortunate as it is things haven't changed much. I receive a small amount of money from the government each month, barely enough to survive. I awaited nearly 2 years to get a doctor to help me with the P.T.S.D and basically I overcame my fear of leaving the house to going to the gym daily for at least an hour workout.
Tired of waiting for a forensic psychologist to aid with the P.T.S.D and struggling on my monthly federal subsistence cheque , I decided to go back to work or at least make plans to do so as there was much to do to prepare for that as well such as renewing my oilfield tickets and purchasing my oilfield gear and that in itself was a good few thousand dollars between the tickets and the gear. I put together my resume and sent it off to a few companies of note.
At first I tried the oil company I was with and was told that unless "they are extremely busy, I am not up for rehire because I quit without notice" Hard to explain to a company that while on spring breakup I was falsely accused and incarcerated for a lengthy time for something that I didn't and evidentiary could not have physically done, thus my accusers confession at trial. Apparently I should have called my handlers and told them the whole sorry sordid affair I was being dragged through....... like that would have helped right? Anyways the Hell with them.
While I await on more companies responses I had decided to make formal complaint against the Royal Canadian Mounted Police about the roles they played and that by their sheer lack of enthusiasm for the law they were sworn to uphold, they had trashed my life. They sent out an investigator and he sneakingly got me to sign some papers that the complaint would be dealt with in an informal matter. After nearly , well it is a year. I got one phone call that all the officers except one has signed off on the informal solution of more training. By doing so ,in my mind they admit fault , admit they trashed a guy's life and admit that they were incapable of properly doing their job. But here's the catch. They will give me nothing on paper period and will only tell me on the telephone the results. (my guess is that they don't want me exposing it up on this Blog like I've done everything else)
The last hold out a certain Corporal Dozios is a hold out and they can't tell me whether he is sick ,injured or on days off but just that he hasn't signed off on it. Not surprising to me after all I have seen first hand his handy work at law enforcement and his attitude towards certain procedures. I f he had it his way " I should just shoot you in the fucking head now" as told to me that day they arrested me. However this isn't surprising to me because since he committed perjury in court and lied under oath, this is a man capable of anything, badge or not. So in the end I await some more.
In the meantime both my forensic psychologist and forensic psychiatrist both agreed that should I return to work this winter that they will work around my schedule to help me get the help I need to deal with the P.T.S.D , so that is good news. In the meantime I'm hoping and praying to get picked up by an oil company this winter as I have so very much to do and things to prepare for like retirement and owning my own home. Built like a teenager physically now and with 25 years still left for work in my back I do hope to start to make some positive forward steps in my goals.
So yeah, like watching paint dry , I cannot believe its been 2 years, can't with the same breath say that I am impressed and wished that I had something better to say. To end this I will say that a public enquiry might be in order for the cops as well as a lawsuit, while that paint is drying I hope to be working, making forward progress like any other adjusted person.
Joseph
Thursday, 9 March 2017
On my behalf someone steps in and brings to light that which they did in the name of justice.
The following letter is unedited , blackouts. It is from one of my highly esteemed Doctors that collaborated with the other two and put his neck or career on the line and said no!, the truth will come out and for that I will ever be grateful the courage it took to stand against a corrupt system. Even if it could hurt him, them.
In this letter you can see the uttermost destruction of a man facing false allegations by a Female. Broke, destitute, homeless, multiple suicide attempts and some leading to very near misses. Beyond your wits and throwing yourself at the mercy of a mental hospital before one and final act to end it all.
You'll notice that he doesn't say "accused , alleges, claims" but rather solidifies it into reality that certain things did occur to me. Odd considering I was a patient in a mental Hospital who very little you would believe . Unless of course you have evidence like I do and the fortunate circumstance of meeting someone who stands up for right, a man of character and moral fortitude. Whom does some vetting of his own alongside my complaint.
I was conflicted as to whether to share this or not for some time as it is very personal and quite embarrassing. My decision to share it took near a year and I do so with the guts that I've had throughout this whole ordeal in an attempt to enlighten some on why those who falsely accuse should be punished. Instead as a criminal they walk away aided by the justice department.
Let it pass your own test of reason, maybe some of you will know why I complained so much on the different sites for men and even started this Blog.
In this letter you can see the uttermost destruction of a man facing false allegations by a Female. Broke, destitute, homeless, multiple suicide attempts and some leading to very near misses. Beyond your wits and throwing yourself at the mercy of a mental hospital before one and final act to end it all.
You'll notice that he doesn't say "accused , alleges, claims" but rather solidifies it into reality that certain things did occur to me. Odd considering I was a patient in a mental Hospital who very little you would believe . Unless of course you have evidence like I do and the fortunate circumstance of meeting someone who stands up for right, a man of character and moral fortitude. Whom does some vetting of his own alongside my complaint.
I was conflicted as to whether to share this or not for some time as it is very personal and quite embarrassing. My decision to share it took near a year and I do so with the guts that I've had throughout this whole ordeal in an attempt to enlighten some on why those who falsely accuse should be punished. Instead as a criminal they walk away aided by the justice department.
Let it pass your own test of reason, maybe some of you will know why I complained so much on the different sites for men and even started this Blog.
The following is new and just coming out. Now female guards are alleging decades of the same treatment. I guess if you are female and you make complaint then its true, dealt with. Apparently no one wanted to believe this was possible that I underwent this kind of treatment. I guess it only happens to female guards accused of nothing and not ever to inmates standing accused of a crime....that the male guards wouldn't do right ? Here is the link http://www.cbc.ca/news/canada/edmonton/prison-guards-correctional-service-of-canada-waterboarding-1.4571728
Tuesday, 1 November 2016
Coming to a city or town near you to cause trouble
Some of my story gets discussed on forums such as "Discuss" and recently a disgruntled ex boyfriend posted this, updating the change of name and why to viewers. Here it is:
Apparently my false accuser had found out about my Blog so she up and married an American exchange student. Thus now making it capable for her to migrate to the United States being married to a citizen.
The ex boyfriend and I had some candid conversation. For some reason I'll spare the copy and paste of said conversation unless it become required to do so. In our conversation he reiterated to myself that Angel had once been charged with an assault against him. Given a verdict of guilt and a 30 day sentence they then released her without so much as a day in jail or any conditions. Months down the line the same thing happened yet he now defended himself and they were both given a 1 year peace bond.
This Blog might come across as a bit creepy, after all why would I care? I care because this young person has a plethora of victims to her name and each of them have a name, they are people. Why does this person operate with such impunity? Yet now to find of her plans to seek residency in the United States is just incredible.
I also find out that the mother of her new husband has discovered my Blog and has no problem with her son being married to Angel! Well, since I have someone's attention I might as well break down some quick facts. Miss A.K.A Roberts, A.K.A Angel Bambuch,A.K.A livingdeadgirl.22, has had a mental health condition since the age of approximately 9 years old, where she was on Risperidone for her anti psychotic ways such as hurting other play mates her age on purpose, bashing kittens off trees until dead among other reasons. How Do I know this? I was her step father and brought her to mental health help.
This person has accused several teachers of inappropriate conduct of one type or another and even had one fired. She had accused her childhood friend , god mothers son of rape and recanted at the last minute. Still it was unsure if they were going to charge him. She falsely accused me of rape and a violent attack, dragged me through the court system for years only to get caught up in her lies and partial confession.
While this was going on she would call police on her own mother at will and falsely charged Ryan and Pauline Gambler of binding and beating her, among other things. If you have issue with my words , please feel free to read the pre and trial transcripts where it all come out. The only thing missing is her indifferent and uncaring blatant attitude when questioned, that they cannot record. From my view it was if it was no big deal, we were pawns, she was in control and she exposed her evil underside.
A lot of hurt, lots of pain caused by one person who has yet to grace a jail cell except the drunk tank. Well America, you got trouble headed your way. Most Americans are my supporters so I thought I would give them a heads up. Someone is going to end up in jail and I only hope their crappy defence Lawyer will look this up.
I ended up with P.T.S.D. I'm sure the others have their afflictions.
The ex boyfriend and I had some candid conversation. For some reason I'll spare the copy and paste of said conversation unless it become required to do so. In our conversation he reiterated to myself that Angel had once been charged with an assault against him. Given a verdict of guilt and a 30 day sentence they then released her without so much as a day in jail or any conditions. Months down the line the same thing happened yet he now defended himself and they were both given a 1 year peace bond.
This Blog might come across as a bit creepy, after all why would I care? I care because this young person has a plethora of victims to her name and each of them have a name, they are people. Why does this person operate with such impunity? Yet now to find of her plans to seek residency in the United States is just incredible.
I also find out that the mother of her new husband has discovered my Blog and has no problem with her son being married to Angel! Well, since I have someone's attention I might as well break down some quick facts. Miss A.K.A Roberts, A.K.A Angel Bambuch,A.K.A livingdeadgirl.22, has had a mental health condition since the age of approximately 9 years old, where she was on Risperidone for her anti psychotic ways such as hurting other play mates her age on purpose, bashing kittens off trees until dead among other reasons. How Do I know this? I was her step father and brought her to mental health help.
This person has accused several teachers of inappropriate conduct of one type or another and even had one fired. She had accused her childhood friend , god mothers son of rape and recanted at the last minute. Still it was unsure if they were going to charge him. She falsely accused me of rape and a violent attack, dragged me through the court system for years only to get caught up in her lies and partial confession.
While this was going on she would call police on her own mother at will and falsely charged Ryan and Pauline Gambler of binding and beating her, among other things. If you have issue with my words , please feel free to read the pre and trial transcripts where it all come out. The only thing missing is her indifferent and uncaring blatant attitude when questioned, that they cannot record. From my view it was if it was no big deal, we were pawns, she was in control and she exposed her evil underside.
A lot of hurt, lots of pain caused by one person who has yet to grace a jail cell except the drunk tank. Well America, you got trouble headed your way. Most Americans are my supporters so I thought I would give them a heads up. Someone is going to end up in jail and I only hope their crappy defence Lawyer will look this up.
I ended up with P.T.S.D. I'm sure the others have their afflictions.
They got their year!
One year ago I was sentenced to a year Community Sentence. I had to call in every two weeks and appear in person every other two weeks. Surprise, surprise, during that time I had zero negative police interactions; and the police never attended my residence for any domestic issues.
To bring people up to speed - if you are new or had forgotten - It all started in 2011 with false accusations of rape from my then step-daughter; who had a notorious habit of doing so to people to sway the outcome of life events to her advantage at will.
After years of mistreatment and incarceration the Police and the Crown Attorney finally got their way and made me stand trial. Unfortunately for them, but fortunately for me, my accuser had grown older and grown tired of her prey. She confessed that it was all false allegations. The full extent of the who, what , where , how and why was 'noised over' by the court and a full account of what happened never really did come out. All I know is that while the distractions were being whipped about, I had received a full acquittal on the rape allegations; but was given one year community service for (they said) assaulting a police officer.
Was my accuser charged for wasting years of investigative labour, general police work, courtroom activity, and victim and other services? And more importantly to me, the irreparable damage that was done to my life? To all of that a resounding "No" she wasn't. Regardless of the fact that she confessed under oath and in front of a jury.
I languished in the system for years and was raped myself for being an accused rapist while incarcerated. I was also subjected to cruel treatment and severe psychological treatment. I would eventually be diagnosed by 3 separate doctors as "having suffered severe trauma and leading to the diagnosis of severe and co-morbid Post Traumatic Stress Disorder (PTSD)."
As to the charge of assaulting a police officer, a 911 call came in from 4 provinces away that I was harming my then girlfriend (whom I later went on to marry). The police attended and they were all told by my girlfriend that there was no problem, no assault. Still they demanded to see me.
The most contentious issue was how I was approached. According to police they announced themselves and I then assaulted them with bear spray. That's it point blank - and no need to further discuss it. Several dozen serious charges were laid. Closed case right? Wrong.
What was never discussed was why 52 (!) officers were dispatched to my home. No the number isn't wrong. It was also never discussed as to why they attempted to kick down my door, pepper spraying my apartment, and actually called in not one but two tactical units to gain entry.
Not a single statement was gathered from dozens of witnesses; nor even a single frame of footage from the many CCTV cameras in the building. Further, the existence of such evidence was never even acknowledged. (The CCTV cameras were there because of a grocery store downstairs.)
In short I was dragged out, allegedly no police officer was acting like a thug and there to "kill you cause you're a dirty child molester", etc. It's interesting to note that one of the lead officers on that day has gone up numerous times for misconduct at the Alberta Law Enforcement Review Board.
They played with my bail at will, in and out of jail, until I was acquitted on the false charges. Years dragged on despite friends' testimony and my now wife's testimony; and much damning evidence to come out like the altered 911 tapes that the Crown refused to play in court (yet we possess them). In the end I was found guilty!
Guilty of something, anything, just guilty - so it doesn't look like they did a witch hunt on a guy. Pretty bold statement isn't it? You bet, and I base it on this:
All the while being falsely accused I claimed my innocence and despite the lack of DNA evidence - where there surely would be some - bail was denied for over 9 months. Once I got bail they would pull it at will; or keep me under 24 hour house arrest; or both. I could not work or go to the store for myself. The only time I could leave was to attend court. This is just the half of it, more like the quarter of it.
While awaiting trial, police don't take 911 calls from over 5,600 kilometers away and then show up; and, although the call is unsubstantiated, bring 52 buddies to break my door down without a warrant. The role of the Crown Attorney in all this also should be examined carefully.
I was charged with 12 counts of assault with a weapon causing bodily harm against police and my wife (despite her testimony). These are such serious charges that one would reasonably assume they would be tried as indictable offenses, unless they wanted to avoid a jury trial. Yet they were tried as summary offenses, judge alone. Equally, one would assume that 1 year probation does not fit the crime - unless it never happened the way police said it did at all. Just a question of finding SOME guilt was key should lawsuits or investigations start.
Over the past several years, my wife and I have had zero unexplained police calls, nor have police needed to attend our residence. We went on to marry one another even after police kept us apart for over 5 months while young in the relationship. I have fulfilled my debt (?) to society. However, I will always maintain the truth of what went on that day.
I'll always wonder all those years of jail, bail, 24 hour house arrest, and now the year on probation, just why I had no problems, why I kept it straight, no trouble - I mean besides the 52 bulls that come through my door on the hunt for an accused rapist. Maybe someone should have looked at me as a human being caught up in a system, right or wrong, but upholding constitutional values supposed to be guaranteed to us all.
Joseph
Wednesday, 4 May 2016
As Northern Alberta burns
May 2016 so hot that Northern Alberta burns, up to 80 thousand people expected to be evacuated. I like many have much friends both residing and working there and I feel for them deeply and will do my best as a friend to help any of them in need just as I had done when in May 2011 when I was falsely accused of rape as Slave Lake Alberta burned down.
An Anniversary for me is quickly approaching, that of May 21,2011. This changed my life as well, this was a devastation as well. I told people long ago that I had proof before her confession. The fact that she said "I walked home alone and it began to rain so hard I was soaked through and through and had to change" Then like now in Northern Alberta it didn't rain, nor had it for weeks prior and after, yet they felt this wasn't significant enough an issue to push and hindsight not paying attention to it was not a sign or proof of malicious prosecution.
Personally I find it was both significant to lean on her for an earlier confession and that the crown, police and in fact judges had ignored something very key and that key was and is proof of their malicious prosecution. Something so key as the weather, rain should be very evident to them as yet another example of nature is shown to them.
http://climate.weather.gc.ca/climateData/dailydata_e.html?timeframe=2&Prov=ALTA&StationID=47047&dlyRange=2008-06-05|2013-01-14&Year=2011&Month=5&Day=01
The weather data report from that day of May 21,2011. Not that the police should have needed this as they were on shift that day clearly and they should have known it hadn't rained, what with physically seeing no rain and our town population that grew 1300 plus overnight because the nearby town of slave lake had burnt down and all. Not to mention it was a clear and hot 24 degrees that day. To point out how significant and all so relevant the weather was that day. What if she said it snowed? Equally ludicrous but that is my point, when someone tells you something so outrageous and out of place then you must question the validity of the entire statement and the reasonableness to arrest and charge a man with a crime that probably did not happen. Or one would reasonably assume so.
Few other folks knew it didn't rain: https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwjK48jDmsLMAhUB0mMKHXZaAAcQtwIIJzAC&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DgPhWMgeC0Cc&usg=AFQjCNFwcceC-Lm3egTiHO_Hv_7oVdcHTQ&sig2=HMYizsl60vp8DimEXIphKg
Yup that's right that would be the future King and Queen of England with the Premier of Alberta Ed Stelmach.
I'll throw in video's of Slave Lake burning 6 days earlier and I don't even think the fire was out when I was arrested. My point? Obvious. So when someone starts recounting a day, and they are accusing someone of something life altering serious and say it "rained so hard that I was soaked through and through and had to change".....they are full of shit.https://youtu.be/y2e9BNu0O5Y.
At the very least they should concede that they conducted a very sloppy investigation as the town population had doubled over night and they were only 2 officers on that day to police and render aid to the population that had fled to Athabasca from Slave Lake and they admitted in court to even being on an "enhanced" shift. Such a serious charge and they just fucked it all up and ruined my life.
Joseph
An Anniversary for me is quickly approaching, that of May 21,2011. This changed my life as well, this was a devastation as well. I told people long ago that I had proof before her confession. The fact that she said "I walked home alone and it began to rain so hard I was soaked through and through and had to change" Then like now in Northern Alberta it didn't rain, nor had it for weeks prior and after, yet they felt this wasn't significant enough an issue to push and hindsight not paying attention to it was not a sign or proof of malicious prosecution.
Personally I find it was both significant to lean on her for an earlier confession and that the crown, police and in fact judges had ignored something very key and that key was and is proof of their malicious prosecution. Something so key as the weather, rain should be very evident to them as yet another example of nature is shown to them.
http://climate.weather.gc.ca/climateData/dailydata_e.html?timeframe=2&Prov=ALTA&StationID=47047&dlyRange=2008-06-05|2013-01-14&Year=2011&Month=5&Day=01
The weather data report from that day of May 21,2011. Not that the police should have needed this as they were on shift that day clearly and they should have known it hadn't rained, what with physically seeing no rain and our town population that grew 1300 plus overnight because the nearby town of slave lake had burnt down and all. Not to mention it was a clear and hot 24 degrees that day. To point out how significant and all so relevant the weather was that day. What if she said it snowed? Equally ludicrous but that is my point, when someone tells you something so outrageous and out of place then you must question the validity of the entire statement and the reasonableness to arrest and charge a man with a crime that probably did not happen. Or one would reasonably assume so.
Few other folks knew it didn't rain: https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwjK48jDmsLMAhUB0mMKHXZaAAcQtwIIJzAC&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DgPhWMgeC0Cc&usg=AFQjCNFwcceC-Lm3egTiHO_Hv_7oVdcHTQ&sig2=HMYizsl60vp8DimEXIphKg
Yup that's right that would be the future King and Queen of England with the Premier of Alberta Ed Stelmach.
I'll throw in video's of Slave Lake burning 6 days earlier and I don't even think the fire was out when I was arrested. My point? Obvious. So when someone starts recounting a day, and they are accusing someone of something life altering serious and say it "rained so hard that I was soaked through and through and had to change".....they are full of shit.https://youtu.be/y2e9BNu0O5Y.
At the very least they should concede that they conducted a very sloppy investigation as the town population had doubled over night and they were only 2 officers on that day to police and render aid to the population that had fled to Athabasca from Slave Lake and they admitted in court to even being on an "enhanced" shift. Such a serious charge and they just fucked it all up and ruined my life.
Joseph
Saturday, 30 April 2016
Going Forward.....
"Life is a series of natural and spontaneous changes. Don't resist them - that only creates sorrow. Let reality be reality. Let things flow naturally forward in whatever way they like".
Lao Tzu
"You can't connect the dots looking forward; you can only connect them looking backwards. So you have to trust that the dots will somehow connect in your future. You have to trust in something - your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life".
Lao Tzu
"You can't connect the dots looking forward; you can only connect them looking backwards. So you have to trust that the dots will somehow connect in your future. You have to trust in something - your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life".
Steve Jobs
Words of wisdom from those far more naturally gifted than I. Although I dare to borrow them, I do so as a way to collectively attempt to make sense of that which is non sensible and place a positive spin on that which has occurred while adapting the approach taught to me recently over the last few months... "Joe you needn't agree with it but you need to accept it, else you cannot move forward"
Very true indeed but the first time this was said to me I about had a heart attack. I was stuck on the word ACCEPT, every other well placed and meaningful word was tuned out. My God man I am not accepting anything.....do you know what they did? Over time my ears allowed the rest of the message to seep though, thankfully because they were right and I do believe that they saved my life.
So I am out of hospital now, easily could have stayed longer but not so easy am I. I did stay over a few months and to reflect on that time I can say nothing negative. In fact my eagerness for discharge was probably to do with the fact that the experience was so wonderful, calm and cleansing that I began to fear never wanting to leave.
Somewhere towards the end of January one day I just up and left home without telling anyone. The depression and the suicidal thoughts coupled with the constant nightmares just got the better of me and I was so filled with self loathing that it just compounded all the effects and added to the confusion of it all because why would I hate myself ? What had I done wrong and why was I so hard on myself?
I had been researching P.T.S.D and a certain hospital that dealt with the brain. I knew I was in jeopardy but that was all I knew. Without outside intervention its like knowing you have a problem but can't understand the problem or what it is. All that was clear to myself was I needed a way out, needed it desperately and my out was suicide in a way that would be the less obtrusive way to those that I knew or would find me and that is a trap in itself because any way you put a twist on it suicide is final and very selfish. A very hard thing to deal with but looking back I can see that I still had care and respect for life and others even though I would venture to say you would never hear me verbalise that ideology.
Before I was to carry out my plan, I thought that I would try that hospital in Ponoka, Ab. I arrived there just a mess and told them my problem or what I thought was my problem. Truth is it probably came out mixed with tears and anguish, overall just convoluted and all over the place, so not much to go on for them. They were nice and said although they do not accept walk ins, being that I came such a distance that they would make exception and I was given a bed
A couple of days had past and I was still a mess and they told me that the R.C.M.P were here and they wanted to search my vehicle for firearms and other weapons. First I'll say that although I had no weapons of any kind, I flatly told them NO! I was outraged, how dare they come and bother me at the hospital of all places after all I was only trying to get help for myself, had done nothing wrong and just how the hell did they know I was there over a hundred kilometers from home. After all they had done to me, lied and fabricated evidence, dragged me through the judicial system for years , torture and imprison me for nothing! Fortunate for me I was on the unit and given my frame of mind in such a fractured state from years of torment, I might have done or said something stupid, or was that their plan?
I immediately sought to check out, the fear of the R.C.M.P and my specific experiences (although not all cops are bad) was so overwhelming that I could envision multiple scenarios of them attempting to frame me again and the thoughts of going through all of that again reaffirmed my decision to end my life .....how dare they while I was in a place of healing. The hospital hadn't called them I was assured and they had their own security so why did they show up? Perhaps they do not like the attention my blog has gotten.
The hospital didn't want me to go and stalled but I got my lawyer involved and was granted a discharged, I hightailed it out of the town and area as fast as I could. Driving I bartered with myself to give it one last chance at the Hospital where my former Doctor worked, the one who walked with me through the thickest of my ordeal. So discombobulated was I that I forgot he went to India every Winter and was not back yet.
At the second Hospital I showed up afraid, apologetic yet asking for help. Despite the fact that I had just checked out of another hospital and they knew that through the healthcare systems computer, they gave me a bed. The next morning I met a man who would change my life for the better. I told this Doctor all that was going on and had gone on, with respect he asked if I had anyway of verifying this ordeal and I gave hime phone numbers to certain persons within the system, some were his colleagues and he verified.
Almost immediately he told me about a medication used to completely suppress nightmares in P.T.S.D cases , I was floored that such a medication did exist and gratefully accepted it. Within days I was sleeping like I hadn't in so long. Daily this man would let me talk, interjecting properly. This was foreign to me because I had so much to say, so much to convey, so many questions and there was just never a proper platform for me to do so. Even though I wrote a blog, I was still alone and talking to myself and myself didn't have the answers.
His voice and demeanor maintained a calm, a non threatening presence. We discussed the P.T.S.D , the symptoms, the nightmares, the self loathing, suicidal behaviour and for once I had answers, for once I wasn't made responsible, for once I didn't feel responsible, weird, out of place, abnormal. We got me weaned off of the prescribed drugs that I was on all those years to mask the P.T.S.D and depression. Of which I can tell you it was very uncomfortable, equally uncomfortable was not living behind a medicated mask but dealing in real time ,real life with the P.T.S.D. The flight or fight reaction activates the adrenaline and It really sucks being supercharged everyday. Problems with eyesight, sweating, shaking , the list goes on.
I was introduced to comprehensive psychological counselling, my time with that individual was irreplaceable. As was the courses in mindfulness, meditation. Secretly I called this group my (flower power group) at first very speculative but later I began to value this group, each session wanted me to attend another. I still called it the flower power group but it was now done so with respect and I urge everyone to try it out as it can and will help center a chaotic world you may be living in.
So the programming and the immense help I received yet another pleasant issue appeared. Of the few reports written on me and in matters related to my personal case. There are now 3 Psychiatrists, all well esteemed that have put to paper without the wiggle weasel words that in fact indeed I was tortured, raped and taken advantage of by the system that was set to protect me. They do not use the words "He alleges, He claims , He thinks" but rather they use the word " He was raped and tortured"
(I haven't decided yet if I will post these because personal information of theirs and as well as mine is included and to black it out goes against the whole complete transparency agenda. Also, these people went above and beyond for me, the difficulties I have received I wouldn't want to see them done to them)
I am pleased with the positive affirmation and it takes a huge weight off of my shoulders. Being that these gentlemen are Psychiatrists and I under their care for Psychiatric reasons, they could have dismissed me as a crack. Instead they verify me and all that I have been saying happened and their words had weight because another arm of the Government has read these reports, spoken to them via the telephone and the end result to that was the government will now issue me CPPD or Canada pension plan disability. For those of you unfamiliar with this it means in short that the government recognizes what has happened and will now pay me a modest sum monthly to live.
Will I ever receive full recognition? not sure,in fact I doubt it. However I will continue to beat on the doors of governance, gather the intellectual elite and I believe that one day I will receive justice. My Doctors and certain key Government supporters suggest that I write a book about my ordeal. Clearly I am no writer but I can tell someone what happened so if anyone knows a writer, please feel free to pass this along.
To men out there that have gone through similar plights and to those of you that will have the unfortunate fate of going through Hell, I have a few words for you. Its gunna suck, life as you have known it will forever change, you will never be the same again. However, you need to come forward and you need to document everything. You need to eat and exercise, care for yourself when there is no one to care for you. Fight hard and endless because no one is going to fight harder for you then you. Don't trust the Lawyers, they are a part of the problem unless you have the money to buy or rather rent one. I have no other words for you on this, you will have to make up most of it as you go but it all starts with caring for yourself , standing up and being accounted, refusing to go to the wholesale slaughter of men.
In the end I'll close with this memory. It was late at night, middle of torture, being questioned. I looked at one of the S.O.B'S and I told him "I'm gunna tell everybody what you peices of shit are doing" Since then I have and with as much transparency as possible without posting my address on the world wide web. Am I proud? Yes I am. Am I embarrassed that so much had to come out, so much personal info, my life a 2 bit saga for the world to pick apart.....yes I am embarrassed but I had to do this, had to lead by example and act like I got a pair. Not much else to say.
Joseph
Somewhere towards the end of January one day I just up and left home without telling anyone. The depression and the suicidal thoughts coupled with the constant nightmares just got the better of me and I was so filled with self loathing that it just compounded all the effects and added to the confusion of it all because why would I hate myself ? What had I done wrong and why was I so hard on myself?
I had been researching P.T.S.D and a certain hospital that dealt with the brain. I knew I was in jeopardy but that was all I knew. Without outside intervention its like knowing you have a problem but can't understand the problem or what it is. All that was clear to myself was I needed a way out, needed it desperately and my out was suicide in a way that would be the less obtrusive way to those that I knew or would find me and that is a trap in itself because any way you put a twist on it suicide is final and very selfish. A very hard thing to deal with but looking back I can see that I still had care and respect for life and others even though I would venture to say you would never hear me verbalise that ideology.
Before I was to carry out my plan, I thought that I would try that hospital in Ponoka, Ab. I arrived there just a mess and told them my problem or what I thought was my problem. Truth is it probably came out mixed with tears and anguish, overall just convoluted and all over the place, so not much to go on for them. They were nice and said although they do not accept walk ins, being that I came such a distance that they would make exception and I was given a bed
A couple of days had past and I was still a mess and they told me that the R.C.M.P were here and they wanted to search my vehicle for firearms and other weapons. First I'll say that although I had no weapons of any kind, I flatly told them NO! I was outraged, how dare they come and bother me at the hospital of all places after all I was only trying to get help for myself, had done nothing wrong and just how the hell did they know I was there over a hundred kilometers from home. After all they had done to me, lied and fabricated evidence, dragged me through the judicial system for years , torture and imprison me for nothing! Fortunate for me I was on the unit and given my frame of mind in such a fractured state from years of torment, I might have done or said something stupid, or was that their plan?
I immediately sought to check out, the fear of the R.C.M.P and my specific experiences (although not all cops are bad) was so overwhelming that I could envision multiple scenarios of them attempting to frame me again and the thoughts of going through all of that again reaffirmed my decision to end my life .....how dare they while I was in a place of healing. The hospital hadn't called them I was assured and they had their own security so why did they show up? Perhaps they do not like the attention my blog has gotten.
The hospital didn't want me to go and stalled but I got my lawyer involved and was granted a discharged, I hightailed it out of the town and area as fast as I could. Driving I bartered with myself to give it one last chance at the Hospital where my former Doctor worked, the one who walked with me through the thickest of my ordeal. So discombobulated was I that I forgot he went to India every Winter and was not back yet.
At the second Hospital I showed up afraid, apologetic yet asking for help. Despite the fact that I had just checked out of another hospital and they knew that through the healthcare systems computer, they gave me a bed. The next morning I met a man who would change my life for the better. I told this Doctor all that was going on and had gone on, with respect he asked if I had anyway of verifying this ordeal and I gave hime phone numbers to certain persons within the system, some were his colleagues and he verified.
Almost immediately he told me about a medication used to completely suppress nightmares in P.T.S.D cases , I was floored that such a medication did exist and gratefully accepted it. Within days I was sleeping like I hadn't in so long. Daily this man would let me talk, interjecting properly. This was foreign to me because I had so much to say, so much to convey, so many questions and there was just never a proper platform for me to do so. Even though I wrote a blog, I was still alone and talking to myself and myself didn't have the answers.
His voice and demeanor maintained a calm, a non threatening presence. We discussed the P.T.S.D , the symptoms, the nightmares, the self loathing, suicidal behaviour and for once I had answers, for once I wasn't made responsible, for once I didn't feel responsible, weird, out of place, abnormal. We got me weaned off of the prescribed drugs that I was on all those years to mask the P.T.S.D and depression. Of which I can tell you it was very uncomfortable, equally uncomfortable was not living behind a medicated mask but dealing in real time ,real life with the P.T.S.D. The flight or fight reaction activates the adrenaline and It really sucks being supercharged everyday. Problems with eyesight, sweating, shaking , the list goes on.
I was introduced to comprehensive psychological counselling, my time with that individual was irreplaceable. As was the courses in mindfulness, meditation. Secretly I called this group my (flower power group) at first very speculative but later I began to value this group, each session wanted me to attend another. I still called it the flower power group but it was now done so with respect and I urge everyone to try it out as it can and will help center a chaotic world you may be living in.
So the programming and the immense help I received yet another pleasant issue appeared. Of the few reports written on me and in matters related to my personal case. There are now 3 Psychiatrists, all well esteemed that have put to paper without the wiggle weasel words that in fact indeed I was tortured, raped and taken advantage of by the system that was set to protect me. They do not use the words "He alleges, He claims , He thinks" but rather they use the word " He was raped and tortured"
(I haven't decided yet if I will post these because personal information of theirs and as well as mine is included and to black it out goes against the whole complete transparency agenda. Also, these people went above and beyond for me, the difficulties I have received I wouldn't want to see them done to them)
I am pleased with the positive affirmation and it takes a huge weight off of my shoulders. Being that these gentlemen are Psychiatrists and I under their care for Psychiatric reasons, they could have dismissed me as a crack. Instead they verify me and all that I have been saying happened and their words had weight because another arm of the Government has read these reports, spoken to them via the telephone and the end result to that was the government will now issue me CPPD or Canada pension plan disability. For those of you unfamiliar with this it means in short that the government recognizes what has happened and will now pay me a modest sum monthly to live.
Will I ever receive full recognition? not sure,in fact I doubt it. However I will continue to beat on the doors of governance, gather the intellectual elite and I believe that one day I will receive justice. My Doctors and certain key Government supporters suggest that I write a book about my ordeal. Clearly I am no writer but I can tell someone what happened so if anyone knows a writer, please feel free to pass this along.
To men out there that have gone through similar plights and to those of you that will have the unfortunate fate of going through Hell, I have a few words for you. Its gunna suck, life as you have known it will forever change, you will never be the same again. However, you need to come forward and you need to document everything. You need to eat and exercise, care for yourself when there is no one to care for you. Fight hard and endless because no one is going to fight harder for you then you. Don't trust the Lawyers, they are a part of the problem unless you have the money to buy or rather rent one. I have no other words for you on this, you will have to make up most of it as you go but it all starts with caring for yourself , standing up and being accounted, refusing to go to the wholesale slaughter of men.
In the end I'll close with this memory. It was late at night, middle of torture, being questioned. I looked at one of the S.O.B'S and I told him "I'm gunna tell everybody what you peices of shit are doing" Since then I have and with as much transparency as possible without posting my address on the world wide web. Am I proud? Yes I am. Am I embarrassed that so much had to come out, so much personal info, my life a 2 bit saga for the world to pick apart.....yes I am embarrassed but I had to do this, had to lead by example and act like I got a pair. Not much else to say.
Joseph
Monday, 29 February 2016
what's up lately
All though ashamed, I finally snapped under the load I had been carrying for so long.
I made it to a Hospital and I've been here over one month. I lied to many, put on a fake smile when required and no one knew just how indepth my depression had gotten. Not able to take the nightmares anymore, I dropped my wife off to work and just left. January 30th was to be my last day alive. Easy to ridicule unless you did so in my 11 1/2 and walked a while in them.
In the last month I found some peace at night, a smile though still rare in the day.
The god awful meds I was on were changed.
The price I paid, well it still goes on. My wife moved out and one day I'll get out and start all over. I miss my grandkids, miss a lot of everything....
This is going to be an ongoing Blog.
Goodnight.
The withdrawals from the meds they have to me for 5 plus years, well to say the least is likened to the Hell from which I crawled out from. The great part is not only do the new meds work but they are non narcotic.Even the nightmares of my " special treatment"are subdued.
So I have kicked the dreaded medication that I was dangerously, legally addicted to. It wasn't easy and there was to say the least a few rough days. Now all of my meds to deal with the P.T.S.D are of non narcotic range. The Doctors have diagnosed me to be 'complex and severe P.T.S.D' . Lovely I thought, it gets worse. I am feeling alot better then I have in years and find myself actually being hopeful. It isn't dealing with the nightmare I called my life at the recluse government's hands. However I am in meditation classes, therapy classes and I am managing well.
They were impressed that I quit the prescription drugs so fast, I must admit that I too am impressed with myself. Turns out that there is a 'pill' out there that combats the nightmares.....absolutely fantastic and it works. Now I only question why that pill wasn't made available to myself years ago instead of doping me up but well that is the past.
More later
I made it to a Hospital and I've been here over one month. I lied to many, put on a fake smile when required and no one knew just how indepth my depression had gotten. Not able to take the nightmares anymore, I dropped my wife off to work and just left. January 30th was to be my last day alive. Easy to ridicule unless you did so in my 11 1/2 and walked a while in them.
In the last month I found some peace at night, a smile though still rare in the day.
The god awful meds I was on were changed.
The price I paid, well it still goes on. My wife moved out and one day I'll get out and start all over. I miss my grandkids, miss a lot of everything....
This is going to be an ongoing Blog.
Goodnight.
The withdrawals from the meds they have to me for 5 plus years, well to say the least is likened to the Hell from which I crawled out from. The great part is not only do the new meds work but they are non narcotic.Even the nightmares of my " special treatment"are subdued.
So I have kicked the dreaded medication that I was dangerously, legally addicted to. It wasn't easy and there was to say the least a few rough days. Now all of my meds to deal with the P.T.S.D are of non narcotic range. The Doctors have diagnosed me to be 'complex and severe P.T.S.D' . Lovely I thought, it gets worse. I am feeling alot better then I have in years and find myself actually being hopeful. It isn't dealing with the nightmare I called my life at the recluse government's hands. However I am in meditation classes, therapy classes and I am managing well.
They were impressed that I quit the prescription drugs so fast, I must admit that I too am impressed with myself. Turns out that there is a 'pill' out there that combats the nightmares.....absolutely fantastic and it works. Now I only question why that pill wasn't made available to myself years ago instead of doping me up but well that is the past.
More later
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