Wednesday, June 17, 2009

Dear Prime Minister Harper and any other Politician that claims to stand for Canadians

After all the searching that has been done by myself and other injured workers, we are curious as to why with the Free Trade Agreement that there is an agreement pertaining to labour, namely the North American Agreement on Labour Cooperation.

- protect, enhance and enforce basic workers' rights

Article 5: Procedural Guarantees

"1. Each Party shall ensure that its administrative, quasiiudicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that:

(a) such proceedings comply with due process of law;

(b) any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires;

(c) the parties to such proceedings are entitled to support or defend their respective positions and to present information or evidence; and

(d) such proceedings are not unneccessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays.

2. Each Party shall provide that final decisions on the merits of the case in such proceedings are:

(a) in writing and preferably state the reasons on which the decisions are based;

(b) made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and

(c) based on information or evidence in respect of which the parties were offered the opportunity to be heard.

3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings.

4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.

5. Each Party shall provide that the parties to administrative, quasijudicial, judicial or labor tribunal proceedings may seek remedies to ensure the enforcement of their labor rights. Such remedies may include, as appropriate, orders, compliance agreements, fines, penalties, imprisonment, injunctions or emergency workplace closures.

6. Each Party may, as appropriate, adopt or maintain labor defense offices to represent or advise workers or their organizations.

7. Nothing in this Article shall be construed to require a Party to establish, or to prevent a Party from establishing, a judicial system for the enforcement of its labor law distinct from its system for the enforcement of laws in general.

8. For greater certainty, decisions by each Party's administrative, quasijudicial, judicial or labor tribunals, or pending decisions, as well as related proceedings shall not be subject to revision or reopened under the provisions of this Agreement".

Pertaining to Article 5 the only enforcement is where the WCB’s and employers are concerned, they are given protection of their Quasi-judicial tribunals, however the injured worker has no protection from the abuse that takes place against their very daily living, from mental stress to poverty ,from denial of medical treatment to being forced into an employment that is in direct conflict with the injury, along with the information manipulation that so many injured workers are forced into dealing with. Degrees of injury re-written months or years later as to a lesser degree, financial information that is re-written so blatantly that any ordinary person can see the fraud and corruption within this organization also personal information written as to the benefit of the WCB’s where have literally charged innocent injured workers of criminal acts and then penalizing the injured more then the courts have already done. There are many types of fraud but this type also reflects the quality of Government across Canada, if this world wide organization is to be an arm’s length of Government (Federal law mandates WCB in each Province, therefore Federal Government should police the actions if the provincial Governments do nothing) with all the powers of Canada within its hands, including Court of Queens Bench status that commits these and crimes against Humanity (yes does qualify) it shows to us that injured workers are disposable which enables abuse towards them in the same manner as physical or mentally handi-capped with the exception they have protection; injured are abuse in the worst possible sense, animals get better treatment. You may ask why does this happen, the answer is simple, WCB’s across Canada have billions in their accounts and are controlled by the employers; Millions of dollars are funneled through the WCB to safety organizations and rebates to employers that have been found guilty of labour violations. To any person that has any intelligence this has the markings of money laundering, does this mean our Governments practice this type of criminal activity? If so then maybe it is time we as Canadians took back our country and jail all those that have been part of the Canada wide corruption as accessories to the fact.

"It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. The Board is funded by the employers, and the Board has a duty and probably a primary duty to protect the employer. In relation to the worker, the Board has an overwhelming wealth of knowledge and experience. It has the financial ability to fund sophisticated investigations involving highly qualified experts and have the material presented to them, guided, orchestrated and propounded by its in-house counsel responsible to the Board and paid for by the Board. The application of any standards under the rules of natural justice would identify such circumstances as being unequal in negotiating ability and unfair. This is not a level playing field, it is not fair, and it offends the basic principles of natural justice."- Justice Maclean - Court of Queen's Bench of Alberta
Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)

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Anonymous Jeannette said...

Great post! I have long since given up on having the government intervene on behalf of injured workers. That good old "at arms length" that I keep hearing about makes me sick. Basically the government is fine with injured workers being treated like garbage! If our federal government can not step in then who the hell can? Are they not supposed to be the 'be all and end all' as far as the hierarchy goes? If they won't step in to help us, we're screwed.

We need an honest, caring politician with enough guts to take it on. I know all the jokes about there not being anyone honest in politics but surely to God there must be some?? Seriously, if we were animals being treated like this, PETA would be all over these comp. boards, instead they are allowed to comit constant crimes against humanity and walk away scot free. Boy am I proud to be a Canadian!

June 17, 2009 at 10:45 AM  

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