WHEN THE SYSTEM FAILS TO PROTECT,  IS IT A WONDER WHY YOUNG CHILDREN START TAKING MATTERS IN THEIR OWN HANDS.

In an incident with regard to our son experiencing on-going racial bullying in school over a period of 2 and half years it took four years for the commission to make their decision. By the time the Commission had completed the investigation the child who was then 14 years is now a young man 18 years of age. We had waited four years for the Commission to come up with an answer that legislation has been set within certain framework and that each incident should be treated separately and not as one incident. Based on the last incident the Commission cannot determine that there was any form of discrimination.  The Commission has totally ignored valuable evidence and refused to go to the root of the problem.

More details can be obtain in the report "Distressing Dimensions of Bullying and Harassment" documented by Jayan Devendra a International Development Journalist. (Note that this report has been modified for publication. Original names of those involved had been replaced by fictitious names to protect the children involved--- April 25th 2003
 

Once the report was completed and circulated to the relevant authorities, Members of Legislative Assembly and members of Parliment, the matter was filed in the Court of Queens Bench, Edmonton, Alberta. During the hearing at the Court of Queens Bench, Mr. Justice Cooke though expressed and written in the clerks note had missed to include his instruction in the order that we should direct the matter to various statutory authorities.

We followed through with the order and submitted the various issues to the relevant authority. The consequence of which are as follows: -


Authority: The Board of Trustees of the Edmonton Public School Board.


When we first approach the Edmonton Public School Board, before filing the matter in court, we were new immigrants to Canada, and it was assumed that every member of public was aware of the procedures. We were unable to get legal help, and contacted the Edmonton Public School Board. On contacting the Board we were lead to believe that a particular staff  and the superintendent of schools dealt with complaints against principals and that it was to them one had to complaint.

When matters went from bad to worst, we were directed to write to the Board. We believed that Board refereed to The Edmonton Public School Board. In all the communications we had with the Edmonton Public School Board’s staff not once was it revealed to us that the Board referred to was the “Board of Trustees”.

We maintain that if the defendants had truly wanted to deal with the matter they would have either directed us in the right direction or they would have forward the letters to the Board of Trustees to be dealt with instantly instead of wilful ignorance.

Finally when we got the matter to the –“The Board of Trustees” as directed the reply we receive was because of time limits the matter cannot be investigated.

Authority: The Teachers Association.


As directed by Mr. Justice Cooke, we took up the disciplinary action to this authority. In doing so, we discovered that, there was a conflict of interest. The reasons being:

i.         For the authority to investigate, the defendants must be active members of the association.

ii.       The authority was not able to investigate the complaint against the Superintended because he was not a member of the Association.

iii.      The investigating body has self-interest in their membership that of a monetary sum of membership fees which makes the authorities investigation questionable.

iv.     Nevertheless, we did bring the complaint to be investigated to the Authority.

v.       From the report it was clear that a proper investigation did not take place, for the investigating officer only questioned the defendants not the witnesses.

vi.     The Association wrote back to us that they could continue further investigation if we paid $250 for each defendant totalling to a sum of $500. We claim that this is a money making scam that is centered solely on self interest of the Authority, which make proper investigation impossible due to the consistent self interest involved.

vii.    We were not able to afford $500 within a limited time period that had caused the Association to drop the investigation, despite the fact that a child’s future and well-being was at stake.



Authority: The Alberta Human Rights.


As directed by Mr. Justice Cooke, we took up the racial issues to this authority.

First the authority wrote back claiming that they cannot deal with issues beyond the time limits other then the final incident of August 22^nd 2003

When the Authority wrote to the Defendant, the defendant replied that the issue is before the courts and they refuse to co-operate.

The Authority then directed the matter to investigation, and only on Thursday October 7^th 2005, we were informed that investigation as to the incident of August 22^nd had commenced.

We had waited four years for the Commission to come up with an answer that legislation has been set within certain framework and that each incident should be treated separately and not as one incident. Based on the last incident the Commission cannot determine that there was any form of discrimination.

We have tried every possible means known to us and beyond. Every step and initiative we took to resolve the matter had been obstruct by the defendant. This obstruction of Justice by the defendant was carried out of malice and deceit for their own interest with no consideration to that of a 14 year old child’s well being.

There has been too many conflicts of interest and obstruction of justice, further the mechanisms set by the Legislature of Alberta limits the powers of the various bodies to carry out their investigation properly.

We were unable to proceed with this case due to our bankruptcy state and the fact that the Court wants $15,000 as security for the matter to proceed.  We question the validity of the human rights legislation and its existence. As far we are concerned these agencies set up by the government has violated our rights. Is the legislation working along to protect individual rights or is it there merely as an eyewash?

Today it was thanks to our own willpower and two home schooling teachers that our son is alive. 

"IN CANADA JUSTICE SPEAKS WHEN YOU HAVE MONEY"