Wednesday 29 May 2013

HUFFINGTON POST NOTIFIED

  • CANADIAN MILITARY OFFICER TAKES QUEEN TO FEDERAL COURT‏

To: scoop@huffingtonpost.com
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VETERANS BLOG: http://michaelcole9112010.blogspot.ca/

FACEBOOK: https://www.facebook.com/groups/544663525583745/

Captain (R) Michael I. Cole, CD1
Book: http://outskirtspress.com/bookstore/9781432792008.html
thebobs1@sympatico.ca
VETERANS BLOG: michaelcole9112010.blogspot.com

MY DOMINION COMMAND HELP REJECTION LETTER-BUT THEY CARE FOR VETERANS AND THEIR FAMILIES



High priority
09/05/2013


To: cgasser@legion.ca
 LETTER TO DOMINION COMMAND REQUESTING HELP

Descrimination Based on Mental Disability. Federal Court Case (T-625-13)

I wrote to Parliament and the Human Right's Commission, reference this issue. I left the names out because they are trying to help. My email was written, as follows:
 I am writing you with the greatest respect. I had contacted my MP years ago and the two weeks he said it            would take him to get back to me, have long passed. This is why I am writing you. I believe you will understand     why.                                                                                                                                                                                                         
                        
In 1999, I had to go through the ADR (Alternate Dispute Resolution) process because a Base Commander was Harassing me. I filed a complaint and he made himself judge. Found himself, surprisingly, NOT GUILTY. After years of following the military grievance system, my file got finally to the CDS(Chief of Defense Staff). He was the only Senior Officer I had come across, since filing my complaint, that actually agreed with me and the fact that, you can not adjudicate yourself. This was all in contravention of the written Orders too.

The" Terms of Settlement" were signed  01 April 1999. No File number on the agreement but the ADR was directed by the CDS and the legal "Terms", were signed for the government of Canada on Behalf of the Queen. Within the "Terms", it refers to the government as: Her Majesty the Queen, Her Officers, servants and agents. No one Canadian mentioned. 

During my military service I was injured severely. Both physically and mentally. I filed for Veteran's benefits sighting this case as part of my claim. VAC denied my claim because DND said that no Harassment Complaint was ever filed and there was no paperwork to substantiate my claim. I had kept my copy thinking something like this might happen. I sent DND a copy of the letter written to me by the CDS and a copy of the, "Terms of Settlement." I applied again for benefits and again, was denied. This time because DND said they (the file and documents) were destroyed as a matter of course and they could not verify my story. I went to BPA (Bureau of Pension Advocates) for help. After 1 year they had done nothing for me. I wrote my own request for a Departmental Review. I finally won my case.

DND still denies having the documents, even though there were letters from the CDS, legal documents signed on behalf of the Queen amongst many hundreds more. I asked VAC to help me force the documents from DND. They stated; it is not in our mandate. They said the only way I could tell DND how unacceptable it was that they lost or destroyed the documents (legal ones too) was to take them to Federal Court. I asked VAC to help me as a diagnosed mentally disabled veteran and their response was; it is not in our mandate. This 3 years of fighting and  suffering hospitalized me due to mental problems and torments me to this day. I lost 3 years of benefits because of this situation. There was no file number on the agreement or CDS letter nor any expiry date because I signed knowing I could use this case for pension reasons as stated in the, "Terms."

I'm diagnosed as permanently mentally disabled. I can no longer pilot, VIP Airbus Aircraft because of this. I took the only step left for myself and filed a case in Federal Court against the Queen for damages. All Officers in Canada swore allegiance to the Queen, not Canada. My "Terms", were signed by a General on behalf of the Queen. This ADR was directed by the second highest ranking Officer in Canada, the CDS. I asked the GG (Governor General our military Commander in Chief) for help and he would not even respond. This is a purely military case, dealing in military law. I have no problems with the PM or the MND. I asked them clear questions and got honest and clear answers. I didn't get the same from the military.

I am now filed in Federal Court (T-625-13). As the Plaintiff and being mentally disabled, I asked the court to appoint me a lawyer since it would bankrupt me to pay the cost and I have already given so much to this country.

Omar Khadr, gets a free lawyer. Terrorists, get free lawyers. Murders get free lawyers. BUT! A law abiding Canadian (multiple war) veteran, is denied. The same pilot that flew the "UNKNOWN SOLDIER", home from France. The Federal Courts response to my request was, to just say NO! plus photo copy and mail me an entire copy of the Federal Court Rules. That's it! ("GOT THE BOOK!")

I thought this was quite a slap in the face. It would be the same as yourself, rolling up to the steps of Federal Court and having asked for a ramp for access, they gave you some bags of concrete, a mixer, shovel and water and said, see you inside. Oh by the way, the trial it is beginning in a few hours. If you can't make it in we will file against you. Unfair to say the least! Discrimination, you bet!

I filed a Human Right's Complaint for DISCRIMINATION on my mental disability. Sir, I hope you now understand my situation as a disabled person yourself. With your assistance, might I request a Ministerial Inquiry into this matter and help with my case at the HRC (Human Right's Commission). Thank you

Respectfully





Captain (R) Michael I. Cole, CD1
Book: http://outskirtspress.com/bookstore/9781432792008.html
thebobs1@sympatico.ca
VETERANS BLOG: michaelcole9112010.blogspot.com


RESPONSE FROM DOMINION COMMAND REGARDING MY 

REQUEST FOR HELP

  • Requesting RCL help with my HRC / Federal Court Cases‏


10/05/2013

To: 'Michael Cole'
Cc: Andrea Siew

Good morning Mr. Cole,
The mandate of the RCL is to assist and provide free representation service for Veteran’s with their disability claims to VAC and the VRAB. 
We are unable to assist you with your Federal Court case at the HRC, nor are we able to request a Ministerial Inquiry into this matter. ..............................................................


Regards,
Carolyn
RCL_logo_RGB_eMailSignaturecarolyn gasser
Service Officer
Officier d'Entraide
The Royal Canadian Legion
Dominion Command
La Légion royale canadienne
Direction nationale
86 Aird Place, Ottawa, K2L 0A1
613-591-3335 ext 231
Toll free: 1-877-534-4666 (1-877-LEGION6)
Fax: 613-591-9335
We care for all veterans of all ages and their families /
Les Anciens combattants nous tiennent à coeur, quel que soit leur âge.

WE CARE BUT DON'T HELP, WHEN IT COUNTS!





CANADIAN OFFICER TAKES QUEEN TO FEDERAL COURT




Tuesday 28 May 2013

QUESTION: IS FEDERAL COURT FEDERAL? HRC SAYS- NO!


FROM: HRC

 TO: HRC


FROM: FEDERAL COURT

TO: FEDERAL COURT



Clarity!

Lately there have been some confusing questions thrown at the Government. A perfect example of a complex and easily confused question might be:  WHERE DO YOU LIVE?

I find looking for the key words in a question, a good guide on how one might answer complex questions similar to the one above. True story! You can't make this shit up.

DOCUMENT LINK UNDER THE OWL


A Federal Department (Human Rights Comm) (HRC) indicated in their reply letter to me, that they only have jurisdiction over Federal Departments. That makes sense, right? When I wrote to the HRC about a problem I am having with the Federal Court, which is under the jurisdiction of the Federal Justice Department, they indicated that they could not get involved. Why you ask? My complaint, they said, didn't deal with a Federal Department or Agency. The HRC only deals with them!

The key to this whole tricky linguistic situation was the multiple use of the term; Federal. I think there were too many references to Federal Departments that the person got somehow lost and decided none of them could be Federal regardless if they were called Federal.

So there you have it. Denied due to the fact that the Federal Justice Department and the Federal Court are not Federal and therefore since HRC only deals with Federal Departments, I can't get help.

I'm not sure who needs more help in this one. I think my Owl says it all.


The Proof


Click on Link below this picture.





Monday 27 May 2013

Questioning Dominion Command

Thank you for your submission.

Below is what you submitted to info@legion.ca on Monday, May 27, 2013 at 11:12:40



Topic: Addressing Veterans Issues
Name: Captain (Ret'd) Michael Cole, CD1
Address: 158 MacLellan Ave
City: Trenton
Province: ON
Postal: K8V 5H9

Question or Comment: I am a current member of the Legion. I wish to continue being a member but, I have questions. My questions are simple and clear. They will help me understand and decide whether to continue my membership or not. Questions:

1. There are a number of legal challenges of the New Veterans Charter. How has the Legion assisted financially or otherwise?
2. Do you support a Veterans compensation package that is different from your own?
3. What is the Legion actively doing to assist Veterans with the cumbersome process involved in dealing with Veterans Affairs?
4. Will the Legion retain lawyers for Veterans having compensation issues?
5. Does the Legion actively support the return to the, "One Veteran One Standard,"position currently being touted by the Canadian Veterans Advocacy?

Myself and many other Veterans, look forward to the clarity of you answers.

Respectfully,
Captain (Ret'd) Michael Cole, CD1


    Sunday 26 May 2013

    Choose a Future!

    Sorry, but I have to talk about one of the most boring topics, logistics. Nothing gets done without proper logistics.

    I was thinking about finances available to us. The RCL has lots. VAC has lots if we got our own lawyers and got rid of BPA. Family resources has a bunch too.

    If we want to control our own destiny and start fixing the system, we need to tap into resources. As Veterans we are entitled to these funds and we need to go after them. Once we have a sound cash base, we can get to the business at hand and that is getting much needed changes to the New Vets Charter made.

    We will have to select a political party. One that will support our ambitions. We use our voting and man power to get them elected and we are on our way.

    The RCL is going down and with it the property and finances they have gathered. I'm thinking a handover of Command to the new Veterans is in order.


    The Government loves it now because we have hundreds of little groups with no central organizational structure. This is not rocket science. So far they have been doing pretty good on the divide and conquer side.

    Please, consider the idea of forming one group out of the many so that we can speak with one voice. It is all up to us.

    It is time to be loud and proud. Not silent and compliant. We tried it their way. Why don't we take over steering this boat so it goes in the direction we as citizens and Veterans want.

    Your ideas on this would be great to hear.