Skip to main content

To: The Honorable Carla Qualtrough: Ministry of Labour: Minister for Jobs, Workforce Development and Disability Inclusion.

Disabled Workers in Canada Seek Section 7 Charter Protection

Disabled Workers in Canada Seek Section 7 Charter Protection

November 30th, 2020

Hon Carla Qualtrough
Minister of Labour
House of Commons *
Ottawa, Ontario,
Canada
K1A 0A6
Email: Carla.Qualtrough@parl.gc.ca

Honorable Minister Qualtrough:

Injured, ill and disabled workers have suffered harms seeking fair treatment through administrative justice procedures in Canada for a generation. Law, policy and regulations governing Canada's worker's compensation and safety systems empowers provincial worker's compensation agencies, employers and provincial governments to deny legitimate worker claims for injury and/or illness; physically and psychology suffered by workers in the course of our employment.

Negative outcomes include: imposition of poverty; denial of required professional healthcare services; infliction of psychological harm by way of what's coined sanctuary traumatization; moral injury to worker's families; and in most tragic circumstances, worker death to suicide.

We propose that Provincial/Territorial Workers Compensation Law, Policy and Regulations as drafted and in force today, November 30th, 2020: persist in causing egregious harm to injured, ill, and/or disabled Canadians and by proxy to our families.

We further propose, that as law, policy and regulations are drafted with clear intent to favor compensation agencies, employers and governments: Canadian workers are disempowered when consequences of workplace accidents and exposure result in our need for financial compensation for healthcare, retraining, rehabilitation, recovery and in cases of disability, a earnings loss pension and whatever care is needed moving on through our lives.

When expected protection is denied, avenues for redress are effectively blocked. Due to intentionally constructed language in law, policy and regulations that impedes our timely access to receipt of appropriate justice: struggling for some lasts our remaining life-times.

Injustice demands Justice. Restorative Justice that wrongs are expressed and corrected for.

We believe that the Federal Minister for Jobs, Workforce Development and Disability Inclusion is the appropriate representative of the the Government of Canada to whom we raise these concerns.

This is not an official petition; rather, this letter intends to gather as many signatures as possible for purposes of exploration. We do so as those provisions in the Canadian Charter of Rights and Freedoms allow.

We are seeking our Government of Canada's protection. As we begin this campaign, we're informed that thousands of Canadian Workers have suffered such egregious violation of rights for over a generation. In British Columbia, this letter represents 280 BC abandoned workers.

We call on the Minister to proactively intervene. These matters demand a National Public Inquiry be initiated in due course by the Government of Canada, which is what we've written you to request.

We await any reply with united resolve.

Respectful Regards,

Darren Michael Gregory
5474 Cory Road
Wynndel BC V0B 2N1
November 30th, 2020

Why is this important?

The purpose of the inquiry we request is to determine the extent of harms put upon injured, ill and/or disabled Canadians in provincial and territorial jurisdictions nationally.

We raise these concerns to ensure as well our own full and fair redress in the form of workers compensation benefits as we are entitled to receive and rightly, legitimately deserve.

We believe that only with a National investigation of provincial law, policy and regulations that govern provincial/territorial occupational health and safety can troubling issues be properly rectified.

Those agencies and agents so empowered by law, policy and regulations have not responded to our direct engagement to address these issues with integrity.

As these issues are of long-standing national concern, we assert that the concerns receive the attention that these matters require as it is in the National interests of all Canadians to do so.

How it will be delivered

This letter will be delivered to the Minister by Email at the close of this campaign.


Reasons for signing

  • To support permanently injured workers
  • I am now disabled due to repetitive exposure to chemicals, mold and fragrance where I taught. I'm now housebound and living in extreme poverty. WSNB used paper doctors from chs who knew zero about my condition, completely ignored the report from a team of highly regarded specialists on my disability and diagnosed me as suffering from histrionics- which has not been a recognized diagnosis in over 10 years in Canada. Shame on the government for allowing this to continue.
  • I am an njured worker , because I got injured at work , I lose my charter of rights? You should not lose your rights because you got hurt at work. Medical treatment is different when you get injured at work too. Why do you recieve different medical treatment because you got injured at work? Mike Cushman

Updates

2021-09-21 23:53:32 -0400

Thursday, September 16, 2021

Victoria – The Ombudsperson is calling on the province to fix a rarely occurring but significant gap in B.C.’s workers compensation law.

https://bcombudsperson.ca/investigative_report/severed-trust-enabling-worksafebc-to-do-the-right-thing-when-its-mistakes-hurt-injured-workers/

2021-05-13 03:46:32 -0400

May 12th, 2021
Update: DMG
Maybe the Historic Compromise can be Compromised?
#WorkersCompIsARight
#FightWCB

https://fightwcb.blogspot.com/2021/05/maybe-historic-compromise-can-be.html?showComment=1620891770574#c3880172101540214277

2021-05-12 01:28:43 -0400

May 11th, 2021
Update
Darren Gregory
Citizens Forum Interview with Paul Taylor
Thank-you to Norm and Paul

1). "Paul Taylor is an injured worker in Ontario that has been struggling to get benefits for an injury he received at work 25 years ago. During his tussle with Workplace Safety & Insurance Board Ontario (WSIB). He is using his skills learned as a paralegal and haven taken parts of his case to the Supreme Court of Canada in the his pursuit of justice to organize a National Charter Challenge Class action against the Worker’s Compensation Boards (WCB)in each province.

The process, claim details as well as a resource of other material is on his Web Site fightwcb.org."

2021-05-12 01:28:00 -0400

2). "Paul is uniting with injured worker groups across the country to file his claim and have the worker groups file there own related claims in the provinces across the country. While meeting and talking with many injured workers across the country and worldwide it became apparent that the methods used by the various WCBs are consistent across jurisdictions. Joining together in related national action the injured workers are presenting a united stand against the abuses of the WCBs.

Paul urges injured workers in Canada to contact him and be part of the groups filing the challenge – contact Paul via his web site fightwcb.org"

https://vimeo.com/derbyhat/classaction

2021-05-07 00:41:30 -0400

May 6th, 2021
Update

Here are links to the BC Report on Workers Compensation conducted by Janet Patterson.

https://www2.gov.bc.ca/assets/gov/government/ministries-organizations/ministries/labour/work_comp_review_2019_-_final_report.pdf

https://engage.gov.bc.ca/app/uploads/sites/482/2020/08/Addendum-Report-FINAL1.pdf

2021-05-01 00:09:14 -0400

From February this year.

https://www.canadianlawyermag.com/practice-areas/litigation/manitoban-on-disability-assistance-wins-right-to-appeal-being-forced-to-go-on-old-age-pension-at-65/338174

2021-04-30 00:56:49 -0400

“Somewhere beyond right and wrong: there is a garden. I will meet you there.” ~ Rumi

“A nation should not be judged by how it treats it’s highest citizens. But, by how (a nation) treats it’s lowest ones.” ~ Nelson Mandela

https://www.linkedin.com/pulse/human-rights-protection-canada-charter-freedoms-must-come-gregory

2021-04-30 00:52:18 -0400

April 29th, 2021: Update
Darren Gregory

Thank you to Fred P. for taking this action.

Cheers, my friend.

Darren

"Fred P. on VOCM OPEN LINE WITH PADDY DALY about the Workers Compensation Boards and discussing the 45,000,000,000 lawsuit against WCB's and other issues injured workers have to deal with.

Please start program at 17:27 and it ends at 27:10. Thank you."
https://soundcloud.com/vocm/openline-wednesday-april-28th

2021-04-30 00:46:39 -0400

Yesterday: The Class-Action was filed. Thanks to Paul T. and the others for this work.

https://fightwcb.org/files/Press%20Release.pdf

This book validates our positions.

"The use of ineffective regulation appears to represent INTENTIONALLY prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems."

~ Dr. Bob Barnetson, The Political Economy of Workplace Injury in Canada: 2010.
https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

2021-04-30 00:42:08 -0400

"Examining injury compensation reveals how seemingly neutral aspects of claims adjudication and management financially advantage employers and limit the ability of workers to resist unsafe work."

2021-04-30 00:41:23 -0400

"Together, this analysis suggests that the prevention and compensation of workplace injuries are not solely technical or legal undertakings, but intensely political ones that entail serious consequences — most often for workers. This conclusion is quite upsetting. But the facts are difficult to dispute."

2021-04-30 00:40:20 -0400

~ Dr. Bob Barnetson, The Political Economy of Workplace Injury in Canada: 2010 www.aupress.ca/books/120178-poli…injury-in-canada/

2021-04-27 23:31:02 -0400

April 27th, 2021

Today: With both doors still open for me with WCAT, I filed for Reconsideration of my case. They'll get that tomorrow to add to action taken by courageous workers on all our behalf in another part of our country.

https://fightwcb.org/files/Press%20Release.pdf

This campaign will stay up through whatever is to come.

To date: We've received no word at all from any level of government with authority.

I'm up for this challenge: I'm working to detach from the rage.

2021-04-27 23:25:12 -0400

We need no further validation than this as far as I'm concerned:

"The use of ineffective regulation appears to represent intentionally prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems."

https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

Respect to All,
Darren Gregory

2021-04-17 19:25:52 -0400

April 17th, 2021

Update: Part 3.

My personal case is with the U.N.

How long for action? It will take as long as it takes. We're not alone in this world. These systems seem swamped, dealing with cases like ours. I filed my complaint on behalf of myself and persons with disabilities in Canada coast-to-coast.

Dana's Quant's Firm: See Below.

https://www.hom-law.com/lawyers/dana-g-quantz/

U.N. Complaints Info is here:

https://www.ohchr.org/en/hrbodies/tbpetitions/pages/hrtbpetitions.aspx

2021-04-17 19:20:53 -0400

April 17th, 2021

Update: Part 2.

We have a lawyer who's willing to hear from anyone. Kicker is, the retainer. $5000. The guy's flexible but is a Junior guy with the firm.

His name is, Dana Quantz. Straight-shooter. He gets it.

Last we spoke: He offered that anyone who wishes to speak with him is welcome to contact his office. He suggested that we ask that he speak to us personally, rather than ending up shuffled to another attorney, or more. He seems a good man and is clear about what he can and can't do; as well as being upfront about costs. I've no idea where the others working this issue are at with a Class Action they're working to put together. For more on that, it's best to contact Jaskarn Gil or Paul Taylor. (I think).

"Our firm will deal with the case as mercenary as you need us to."

2021-04-17 19:16:51 -0400

April 17th, 2021

Update: Darren Gregory.

After an expected bunch of nonsense with the WorkSafeBC Fair Practices office: I filed an official complaint with the United Nations.

Those of us butchered by compensation systems join 1000's of persons disabled in Canada who've begged for right change for a generation. Injured/Disabled Workers are one of many groups struggling to be rightly heard.

I filed with the U.N. awhile back and have a file number.

I'd like to encourage that other victims file your own complaints with the U.N. The more the better. I was sure to include in my submission that there are many others dealing with the same stuff:

I've come to rest here: This is the situation. We do number in the 1000's and I've fully accept that I'm a disabled person, permanently so; and that I've been personally victimized due to law, policy and regulations out of our government systems; that sanction (legalize) the human rights abuses we continue to suffer.

2021-01-07 17:02:51 -0500

January 7th, 2020
Update: DMG
Citizens Forum with Norm Ryder and Paul Taylor

Worker’s comp is Right fightwcb.org

"A group of injured workers in BC operating as the BC Human Rights Organization bchro.com are developing a campaign to give injured workers more rights and fair and unbias disposition of their claims and treatment in BC and are part of a growing movement of injured workers across Canada to have the same rights and respects in their jurisdictions."

https://vimeo.com/496746366

2021-01-03 22:05:41 -0500

January 3rd, 2021
Update: DMG

Psychosocial Disability: My personal fate.

"We have no evidence whatsoever that any aspect of either the Committee’s 2017 recommendations or the Rapporteur’s 2019 urgings have even been discussed, much less followed, by legislators and policy planners. It is our hope that the current document will help them address and overcome this inaction."

~ Irit Shimrat, Ontario Psychiatric Survivors’ Alliance.

https://www.madinamerica.com/2020/06/canadian-mental-health-legislation/#

2021-01-03 22:05:05 -0500

2). "This petition calls on Canadian governments to stop using coercion and force and to start supporting persons with psychosocial disabilities (those labelled mentally ill) in organizing for human rights."

http://chng.it/tgKGTsQ2kL

2021-01-01 01:21:14 -0500

December 31st
Update: DMG

“Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust.”

― John Rawls, A Theory of Justice

2021-01-01 01:19:48 -0500

December 31st
Update: DMG

“Justice requires not only the ceasing and desisting of injustice but also requires either punishment or reparation for injuries and damages inflicted for prior wrongdoing. The essence of justice is the redistribution of gains earned through the perpetration of injustice. If restitution is not made and reparations not instituted to compensate for prior injustices, those injustices are in effect rewarded. And the benefits such rewards conferred on the perpetrators of injustice will continue to "draw interest," to be reinvested, and to be passed on to their children, who will use their inherited advantages to continue to exploit the children of the victims of the injustices of their ancestors. Consequently, injustice and inequality will be maintained across the generations as will their deleterious social, economic, and political outcomes.”

― Amos Wilson

2020-12-23 04:24:13 -0500

December 23rd, 2020

Against the Grain . . . Should be a Way of Life.

“Time interval is a strange and contradictory matter in the mind. It would be reasonable to suppose that a routine time or an eventless time would seem interminable. It should be so, but it is not. It is the dull eventless times that have no duration whatever. A time splashed with interest, wounded with tragedy, crevassed with joy - that's the time that seems long in the memory. And this is right when you think about it. Eventlessness has no posts to drape duration on. From nothing to nothing is no time at all.”

― John Steinbeck, East of Eden

2020-12-23 04:24:06 -0500

2). “For a while the hobbits continued to talk and think of the past journey and of the perils that lay ahead; but such was the virtue of the land of Rivendell that soon all fear and anxiety was lifted from their minds. The future, good or ill, was not forgotten, but ceased to have any power over the present. Health and hope grew strong in them, and they were content with each good day as it came, taking pleasure in every meal, and in every word and song.”

― J.R.R. Tolkien, The Fellowship of the Ring

https://youtu.be/lrXIQQ8PeRs

2020-12-23 03:03:28 -0500

December 22nd
Update: DMG

'Savin' Me': Saving Ourselves: Saving One-Another.

"Show me what it's like,
To be the last one standing,
And teach me wrong from right,
And I'll show you what I can be . . . ."

~ Nickelback, Savin' Me.

2020-12-23 03:01:48 -0500

2). "The seriousness of throwing over hell whilst still clinging to the Atonement is obvious. If there is no punishment for sin there can be no self-forgiveness for it. If Christ paid our score, and if there is no hell and therefore no chance of our getting into trouble by forgetting the obligation, then we can be as wicked as we like with impunity inside the secular law, even from self-reproach, which becomes mere ingratitude to the Savior. On the other hand, if Christ did not pay our score, it still stands against us; and such debts make us extremely uncomfortable. The drive of evolution, which we call conscience and honor, seizes on such slips, and shames us to the dust for being so low in the scale as to be capable of them. The 'saved' thief experiences an ecstatic happiness which can never come to the honest atheist: he is tempted to steal again to repeat the glorious sensation. But if the atheist steals he has no such happiness."

2020-12-23 03:01:33 -0500

3). "He is a thief and knows that he is a thief. Nothing can rub that off him. He may try to sooth his shame by some sort of restitution or equivalent act of benevolence; but that does not alter the fact that he did steal; and his conscience will not be easy until he has conquered his will to steal and changed himself into an honest man..."

2020-12-23 02:59:38 -0500

4). "Now though the state of the believers in the atonement may thus be the happier, it is most certainly not more desirable from the point of view of the community. The fact that a believer is happier than a sceptic is no more to the point than the fact that a drunken man is happier than a sober one. The happiness of credulity is a cheap and dangerous quality of happiness, and by no means a necessity of life. Whether Socrates got as much happiness out of life as Wesley is an unanswerable question; but a nation of Socrateses would be much safer and happier than a nation of Wesleys; and its individuals would be higher in the evolutionary scale. At all events it is in the Socratic man and not in the Wesleyan that our hope lies now."

2020-12-23 02:59:08 -0500

5). "Consequently, even if it were mentally possible for all of us to believe in the Atonement, we should have to cry off it, as we evidently have a right to do. Every man to whom salvation is offered has an inalienable natural right to say 'No, thank you: I prefer to retain my full moral responsibility: it is not good for me to be able to load a scapegoat with my sins: I should be less careful how I committed them if I knew they would cost me nothing.'”

― George Bernard Shaw, Androcles and the Lion

https://youtu.be/_JQiEs32SqQ

2020-12-21 06:18:12 -0500

December 21st, 2020

"Believe.
No pessimist ever discovered the secrets of the stars;
Or sailed to an uncharted island;
Or opened a new heaven to the human spirit.”

― Helen Keller

2020-12-21 06:11:18 -0500

BC Workers Compensation Needs an Overhaul.
Frontier Centre for Public Policy.
Lee Harding.
October, 30th, 2020

"The Fair Practices Office for WorkSafeBC receives 2,000 complaints each year. Retired labor lawyer Janet Patterson has shown the crown corporation how to lower that number significantly. After extensive consultations, she submitted her report in October 2019 with 102 recommendations and 517 pages. It took the province ten months to make the report public and one can only hope it moves more quickly to implement changes."

2020-12-21 06:08:50 -0500

2). "Patterson says the review process works well for workers with simple injuries and a predicted path of recovery. But others “tended to have very negative compensation experiences and outcomes. This was particularly the experience of workers with serious or complex injuries, concussions, psychological injuries or occupational diseases. Such cases often had poor or no investigations, disregarded medical evidence or little communication with the worker before a decision was made.”

Even worse, “many individuals, workers and employers, stated . . . that the Board did not investigate or consider their evidence in decision-making.” Nor was there effective recourse. Patterson says, “The courts have commented that the system was ‘unwieldy, inefficient and cumbersome’, creating a ‘treadmill’ of appeals and doing little to advance a worker’s access to justice.”

2020-12-21 06:08:05 -0500

3). "Many workers believed some incentive system existed to make case managers refuse to give them benefits. Patterson found that such incentives once existed, but they ended for unionized staff in 2013 and “for most management staff and executives by 2014.” Thereafter, ten percent of the VPs and CEO’s salary was held back if 9 corporate Key Performance Indicators (KPI) weren’t met. That wasn’t stopped until October 1, 2018. Yet, as the following paragraphs demonstrate management still puts undue pressure on case managers to meet arbitrary performance goals."

https://fcpp.org/2020/10/30/bc-workers-compensation-needs-an-overhaul/

2020-12-20 20:55:44 -0500

“The more corrupt the state, the more numerous the laws.”

― Tacitus, The Annals of Imperial Rome

2020-12-20 20:25:22 -0500

December 20th, 2020,
Update.
DMG

"How Workers' Comp Fanned the Flames of the Opioid Crisis."
Kathy Tomlinson: The Globe and Mail.
July 18th, 2020.

"Hardy Leighton was 31 when he died from an opioid overdose in North Vancouver in 2015. Five years earlier, he’d seriously hurt his neck working as a carpenter on a construction site. He began taking narcotic painkillers to cope with the pain. Then addiction took over.

That day in 2015, Hardy and his wife took a mix of prescription and street drugs, including fentanyl. Both died. Their toddler son, who was visiting with grandparents, was orphaned.

At the time, there was much public sympathy – yet another young family destroyed by the opioid crisis, which has killed at least 15,000 Canadians in the past four years.

What wasn’t revealed is how failures by WorkSafeBC, whose purpose is to help injured workers heal, led to the tragedy."

2020-12-20 20:22:06 -0500

2). "After Hardy’s accident, the provincial agency pushed him back into the work force while he was still in pain, then cut his benefits. It also failed to acknowledge his opioid addiction and didn’t respond to his pleas for help. “He was hurt. He was in pain. And I think they wrote him off,” says Hardy’s father, Brian Leighton. “There should have been a public apology: ‘We are sorry. It was our responsibility, and we failed you and your son.’”"

https://www.theglobeandmail.com/canada/article-how-workers-comp-fanned-the-flames-of-the-opioid-crisis/

2020-12-20 00:09:28 -0500

December 19th, 2020
DMG

Kootnekoff: Changes for B.C.’s worker’s compensation system.
Salmon Arm Observer
October 2nd, 2020

"A recent review of B.C.’s WCB system stated: At its extreme, it is a toxic decision-making culture if a claim owner … does not seek/consider/weigh evidence of individual circumstances and then say “if you don’t like it, appeal”. At its barest, the first level decision maker does not apply, or seek to apply, the “merits and justice” of the case. …Appeals require time and resources that injured workers often do not have and should not be required to have in order to get compensation. For many stakeholders the issue becomes – how much justice can you afford? Given the rigors of an appeal process, many workers, and employers, live unhappily with “average justice”, which in their particular cases, does not feel like justice at all."

2020-12-20 00:09:13 -0500

2). "A case manager may make numerous decisions, each of which must be appealed individually, with different review, appeal, reconsideration and judicial review deadlines. Soon, the result is a web of decisions, reviews, appeals and reconsiderations. It is enough to weaken those of the strongest fortitude."

2020-12-20 00:08:35 -0500

3). "Recently, in Paleos v. Workers’ Compensation Appeal Tribunal, the British Columbia Supreme Court observed: The process is a lengthy, complex and inefficient one, which is striking when considered in contrast to the lofty goal of compensating injured workers fairly in a timely and efficient manner, seemingly established by the Act…"

2020-12-20 00:07:58 -0500

4). "In the words of the B.C. Court of Appeal: The internal appeal and review provisions of the Workers Compensation Act are convoluted, and in some respects bizarre. Other cases have referred to the process as “long and convoluted,” “tortured” and a “legal playground.” Many injured workers are unable to navigate this convoluted system without a lawyer. The WCB does not compensate injured workers for legal fees. One key problem is that the WCB will not compensate for it’s own poor handling of claims. So, after years of fighting, even if an injured worker receives the compensation he or she was originally entitled to, there is no compensation for the trauma involved in battling the WCB. There is no compensation for being left in poverty in the meantime."

https://www.saobserver.net/opinion/kootnekoff-changes-for-b-c-s-workers-compensation-system/

2020-12-17 02:20:21 -0500

December 16th, 2020
Update.
DMG

Here's an opportunity that I encourage everyone in the group to accept as such. It's a fundraiser. No worries there. We still get to ask our questions before the 'submit' button takes us to the donation page. Here's what I asked:

"Will you fix this, with us, on-side, proactively?
Or, are we going to need to lawyer up?"

(I included the link to the online campaign).
https://you.leadnow.ca/petitions/disabled-workers-in-canada-seek-section-7-charter-protection

It would send a message to the BC NDP and our Premier that they do need to hear from more persons struggling with this BS than me.

Food for thought.

Ask the exact same questions. With the letter I sent out today, the timing is actually rather serendipitous.

Premier John Horgan wants to hear from you. (bcndp.ca)
https://www.bcndp.ca/ask-john

2020-12-17 01:30:22 -0500

December 16th, 2020

Hon John Horgan
Premier of British Columbia
PO BOX 9041
STN PROV GOVT
VICTORIA, BC V8W 9E1
Email: premier@gov.bc.ca

Re: Stabbed in the head and suffering PTSD, ex-employee takes B.C. Corrections to human rights tribunal: https://www.cbc.ca/news/canada/british-columbia/bc-jail-ptsd-1.5835955

Re: Vulnerable to Human Rights Abuse: A Request for Section 7 Charter Protection.
https://you.leadnow.ca/petitions/disabled-workers-in-canada-seek-section-7-charter-protection

Re: Question Period Today: Time for implementation of the CRPD.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24481&LangID=E

2020-12-17 01:29:59 -0500

Premier Horgan:

2). "The collapse of good conscience; and, the absence of accountability and public scrutiny, have led to crimes against humanity and violations of international law."~ Nelson Mandela

I write as an advocate for social injustice concerns. Disabled Workers in BC are campaigning to raise what are in full, quite troubling concerns. We are standing with thousands of workers in these circumstances coast to coast. With 40 years in full of lived and professional experience, attached to disability concerns, I write today in response to the exchange in Legislature during question period.

2020-12-17 01:29:35 -0500

3). I am a former paramedic. For half of the sixteen years I served in emergency services, I worked as a manager of residential care services, and have served as a care-giver all my working life. I write as a member of many groups of injured, ill and/or disabled workers. I write as a member in as many groups with others with disabilities from all walks of life.

As mentioned at the start of this letter, there are many disabled workers who've gathered together. There are 280 standing with me in BC. Across Canada, we number in the 1000's. We are all victims of human rights abuse. This is due to fact that our Workers Compensation Acts in every jurisdiction; as in force effectively legalize the human rights violations.

It's law, policy and regulations that empowers those agents of WorkSafeBC to carry out these offenses at will.

2020-12-17 01:29:11 -0500

4). Beginning in 2001 and carried out through to 2017, as was the subject of question period today for about an eye-blink: the current opposition party protests too much; however, we've not seen anything that much improved since the other party fell.

Self-advocates and advocates, to remind the Premier, hounded this government for financial relief for our most vulnerable citizens before we heard the words, seniors, disability, homeless, or any other word attached to the plague of social injustice issues those across the way in Legislature left behind.

At best, past governance was ripe with thoughtless decisions made by policy-makers that has left too many stranded in poverty for in total 20 years. That's a generation. This social injustice is the legacy of Leader Bond's team in opposition. Those who've lingered from the early days in 2001 and Leader Bond dare not preach as though any left from the olden-days are faultless.

2020-12-17 01:28:50 -0500

5). I remind Leader Bond, they made this mess.

As the evidence falls into our hands, the group of disabled BC workers standing behind me have quite the grievance building steam. It's ever-clear that the law, policy and regulations those in power between 2001 and 2005 intentionally manipulated in BC, was put upon the people of BC and our most vulnerable with ill-intent.

The outcomes, all the combined social injustice on our plate, speak for themselves. Not that anything here is new. Canadian and Provincial laws have since Confederation legalized violations of our rights by governments. In full breach of Charter Provisions, legislation has maintained itself in this inglorious state across many generations in BC.

2020-12-17 01:28:29 -0500

6). As disabled workers we've finally had quite enough, given what we've now confirmed those in power drafted across those years clearly intended to empower human rights abuses. Being legalized, none in roles of power thought they'd done a thing wrong. Human rights abuse, legalized, to me stinks of something too familiar.

The excerpt from the concluding remarks in a 2010 study, explains well, why there are so many workers left abandoned, living with ill-health and poverty. This study, The Political Economy of Workplace Injury in Canada: iced a long-baking cake for myself and for everyone across Canada standing with me.

2020-12-17 01:28:09 -0500

7). I'm diagnosed with chronic, Complex-PTSD, Depression and Intermittent Substance Use Disorder. All due to traumatic stress and chronic-distress induced brain/nervous-system injury. I've these conditions due to inadequate care and due to acts and omissions of action of the BC government that empowered the Workers Compensation Act in 2002 with ill-will. I filed a legitimate claim in 2006 with WorkSafeBC that was denied.

I will not recover further. I'm deemed psychosocially disabled, permanently, as one struggling with mental health and addictions and I've survived a suicide attempt.

2020-12-17 01:27:37 -0500

8). I've included a recent story of a Correction Officer's plight. I've heard too many such stories over 15 years. Whatever this, new-and-improved Workers Compensation Act 2020 wishes to say to indoctrinate the general public into a state of fragile delusion; as the story of the Corrections Officer testifies, not a thing has changed.

I am a permanently, psychosocially disabled citizen in BC. I write as a member of many groups, representing persons with workers and others with disabilities from all walks of life. As our government has determined, I write as one of the estimated 900,000 persons with disabilities residing in BC and the 200,000 that Leader Bond spoke of today. Seniors in need of daily-care, are persons with disabilities. There's no separation. Disability is disability. It matters not how this is so. And, human rights are human rights.

2020-12-17 01:26:12 -0500

9). Anyone can end up here. Both yourself, Mr. Premier, and Leader Bond, could end up disabled in an accident driving to the corner-store. In a heart-beat. In a blink, everything can change. Ask any paramedic how many times we faced such a tragedy in our work day to day. The last in power, judged psychosocially disabled human beings as wastes of life. "The Ministry of Last Resort" became a cesspool of judgement and neglect.

The Workers Compensation Act was used as a weapon in each and every one of our cases.

Many of us have died needlessly. Those psychosocially disabled in Canada, since 2016, 15,000+ psychosocially disabled Canadians have perished due to draconian law and policy relative to use of drugs and criminalization. The generation of neglect of persons with disabilities and others in need is shameful. I've confronted barriers for 15 years. Every system we believe is created to help us when things go desperately wrong in our lives; is nowhere near functional in 2020.

2020-12-17 01:25:52 -0500

10). What Leader Bond knows full well, is that we hounded for change that Party's way for years. Sure, they'd come up to a camera once-in-awhile to dupe the public. A public willfully blind. We've lost our way.

As I wish to get through to our Premier, nothing at the level of 'the consumer' has changed at all under your years of rule. Only recently did you shift in the right direction on drug policy. The most vulnerable continue to die to that yet undeclared humanitarian crisis which has deserved the same response as we've witnessed through COVID for TWENTY-YEARS.

Psychosocially disabled persons, scapegoated, abused and suffering: we've waited on our government in BC long enough. As have workers harmed, intentionally, by law, policy and WorkSafeBC practices. Leader Bond has no business preaching and quite frankly our Premier hasn't either.

2020-12-17 01:24:59 -0500

11). I'm increasingly mindful of something: "Don't ask a snake to swallow its own head."

In 2019, advocates gave up on you all. We called on the UN Enable Program. The rebuke of the Special Rapporteur who responded to monitor Canada's progress implementing the Convention on the Rights of Persons with Disabilities: validated our every most troubling concern.

Canada ratified our agreement with the CRPD in 2010. Implementation remains but a wish. It's like even our fresh Minister of Social Development and Poverty Reduction, Hon Nick Simons, has no idea what that document as ratified obliges governments to get busy doing.

https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24481&LangID=E

2020-12-17 01:24:35 -0500

12). There's a group of us hoping to force change. We've initiated the above referenced campaign, 'Disabled Workers in Canada Seek Section 7 Charter Protection'. The goal is to bring disabled workers together from across the country and we hope to ensure Charter Protected Rights are upheld for all disabled citizens from other walks of life in every jurisdiction.

We're standing up for ourselves against compensation laws and those other statutes that govern our society's response through governments. In regard to income and other supports, for persons with disabilities in BC: what the hell are you doing, sir? What part of 'disabled' don't you understand? You've DUTY to these folks. DUTY to the Charter and DUTY to now the CRPD.

2020-12-17 01:24:15 -0500

13). You know, if I might be a bit of a jerk: meritocracy is a tyrant. Ill-informed leaders shouldn't think on issues like this, monkeying with $300 in additional income, without clearly knowing for yourself why this is an issue.

This kind of idiotic policy move, hits persons living in deep poverty, who've sighed for a bit of time during the pandemic, in a way that adds witness to the fact that our government's are nothing but cruel. I need you to admit that, that's fact. What you've done, taking back that emergency support income now, just before Christmas, no-less: For us, it's as though you've stabbed an icepick in our heads.

WE ARE ALREADY, financially insecure and that alone TRAUMATICALLY-STRESS-INJURES us numerous times across every single day. Now that folks have had at least a little relief, you chose to stab us all again.

2020-12-17 01:23:55 -0500

14). WE are telling you, sir, that you're so WRONG here. Minister Simons, barfing up whatever he was using today to defend the absurd, will not cover this error for you. You need to start talking to persons with disabilities and/or our direct surrogates. If you keep relying on those in the public service who created this mess over years, walking hand in hand in the past with Leader Bond's band-of-misfits: you'll keep MAKING their same mistakes.

Disability advocates have fought this noble battle to heard in BC for a generation and we've had enough.

Politicians frequently turn to expressing how important it is to value the rule-of-law in Canada. Yet, it is law itself in Canada that basically legalizes human rights abuse out of government service systems. Thus, we turn to Section 52(1) of the Constitution Acts, supported by Section 24(1): we're calling for Section 7 Charter Rights to be invoked on our behalf.

2020-12-17 01:23:35 -0500

15). The Constitution, Premier Horgan, and by inclusion in our Constitution, the Canadian Charter of Rights and Freedoms: this is supreme law, Premier. The FIRST law we're all meant as Canadians to comply. Our Premiers have a duty here that we're no longer willing to let our own in BC escape.

Will your government respond?

Will you hear us without dragging you into court?

Will you proactively repent?

I'll answer that question with that phrase that's sticking like glue to the brain these days: "Never ask a snake to swallow her own head."

2020-12-17 01:22:57 -0500

16). I would be honored to accept an invitation to discuss this with you further, Premier Horgan. The group of disabled workers standing in front of those who are extremely vulnerable: we intend to protect these folks along with ourselves. We've much confirmed evidence to share. The burden of holding it is now too great.

On the issue at hand: we know what the Federal Government has committed to in our group. Those with disabilities in BC haven't heard a thing from our BC Government to brighten the day lately. You think, $500 is a big deal? Minister Qualtrough, Federal Disability Inclusion Minister, has confirmed, twice through the press: that the Federal Government is taking over payment of income benefits supports for all persons disabled who need that in Canada. This was announced in the Throne Speech recently as well. Have you not engaged with the Federal Minister?

2020-12-17 01:21:51 -0500

17). Taking away the $300/month bump, replacing that with an one-time $500 payment our way, I'm sorry, it isn't as helpful as you've declared.. It's nice. It gives someone in deep poverty a minute's break and that's about the extent of what this money will do in real time.

What those disabled persons you serve are telling you sir: WE'D rather keep the increase of $300. All the confusing formula-talk has the Leader of the Opposition standing as a hypocrite in Legislature. She's one of those in power that over those years they were government, created egregious harms and social injustice, exploiting disabled persons and seniors suffering financial insecurity. Her, as you rebuked rightly, 'sudden concern': I agree with you here, it's laughable.

2020-12-17 01:21:26 -0500

18). It's this kind of garbage that TESTIFIES to the need for embedded human rights protection in ALL laws that govern services and income supports to those most vulnerable to abuse in the society. That's what we need to do. That's how we undo the mess that lot made.

That's how we honor the CRPD, UNDRIP and the Charter. And, Premier Horgan, that's how you uphold the Constitution as supreme Canadian law.

I'm sick of self-appointed gurus of law and policy, who persist in supporting human rights abuse in a nation known as a Champion for protecting said rights. These aren't 'legal' issues. They're moral issues. Ethical issues. Legalizing human rights atrocity, hoping to defend oneself: good luck with that. Good luck indeed.

2020-12-17 01:21:05 -0500

19). Back to the matter at hand: Premier Horgan. Change your mind. Maintain the $300/month increase for those who rely on Persons with Disabilities Benefits in BC.

Changing our minds: It only hurts for a minute.

I look forward to a reply at your next best opportunity.

We've a frank discussion to have before January.

Respectful Regards,

Darren Gregory
www.traumarecoverybc.com

2020-12-17 01:20:35 -0500

20). "The Constitution contains three provisions that are relied upon to provide an appropriate remedy to findings of inconsistency with the Charter: section 52(1) of the Constitution Act,1982 provides that a law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect; section 24(1) provides remedies against unconstitutional government action; and section 24(2) provides for the exclusion of evidence obtained in violation of the Charter." (Department of Justice Canada).

2020-12-17 01:20:15 -0500

21). "If disability is one of the great human rights challenges of this century, then within this, psychosocial disability remains one of the most challenging and misunderstood areas of disability."
~ Paul Deany, DRF Program Officer

https://disabilityrightsfund.org/our-impact/insights/psychosocial-disability/

2020-12-15 03:34:10 -0500

December 15th, 2020
Disability in a Human Rights Context

"The Convention on the Rights of Persons with Disabilities (CRPD) is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability."

2020-12-15 03:33:37 -0500

2). "Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality."

https://www.mdpi.com/2075-471X/5/3/35

2020-12-15 03:25:40 -0500

December 15th, 2020
The Westray Act

"The Westray bill or Bill C-45 was federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill (introduced in 2003) established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others."

2020-12-15 03:25:05 -0500

2). Sections of the Criminal Code: The Westray Act.

The amendment added Section 217.1 to the Criminal Code which reads:

"217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."

2020-12-15 03:24:25 -0500

3). "The amendment also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2)."

2020-12-15 03:23:52 -0500

4). "These provisions of the Criminal Code affect all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations."

https://www.ccohs.ca/oshanswers/legisl/billc45.html

2020-12-15 01:51:10 -0500

December 14th, 2020

Supremacy of the Constitution

"Section 52(1) of the Constitution Act, 1982 states that any law that is inconsistent with the provisions of the Constitution is of no force or effect. Statutes which conflict with the Constitution are invalid in the most radical sense; they do not become law. In Strayer, The Canadian Constitution and the Courts (3d ed., 1988) the author states at p. 32:

Now we need look no further than s. 52 of the Constitution Act, 1982 for the principle of supremacy of the Constitution [...] and for the intended consequence of supremacy; that is, the invalidity of inconsistent laws."

http://www.constitutional-law.net/index.php?option=com_content&view=article&id=22&Itemid=36#:~:text=Section%2052(1)%20of%20the,they%20do%20not%20become%20law.

2020-12-14 23:36:19 -0500

December 14th, 2020

CBC Vancouver: Impact Team
Mr. Liam Britten
Email: liam.britten@cbc.ca

Re: Stabbed in the head and suffering PTSD, ex-employee takes B.C. Corrections to human rights tribunal. https://www.cbc.ca/news/canada/british-columbia/bc-jail-ptsd-1.5835955

Mr. Britten:

I'm compelled to write you this evening after reading your story online about the plight of Mr. Backeland. There are many former public safety workers across Canada who've suffered this same fate. What I find outrageous is that although many of us have pressed for change to the Workers Compensation Act over many years, we've obviously not done enough. I find this circumstance with the employer criminal.

2020-12-14 23:36:03 -0500

2). I am a former paramedic. I write as a member in many groups of injured, ill and/or disabled workers across Canada. We number in the 1000's. We are all victims of human rights abuse due to our Workers Compensation Acts in every jurisdiction and thoughtless decisions made by policy-makers.

The law legalizes violations of our rights. In full breach of Charter Provisions.

This is the situation as I see it for Mr. Backeland.

2020-12-14 23:35:36 -0500

3). There's a term for what the employer and WorkSafeBC are doing in Mr. Backeland's case: He is suffering additional 'moral injury'.

The assault here is coined, 'sanctuary trauma': "Sanctuary trauma occurs when an individual who suffered a severe stressor next encounters what was expected to be a supportive and protective environment' and discovers only more trauma.”

2020-12-14 23:35:09 -0500

4). Such assault, inflicting additional trauma, on top of already serious traumatic-stress injury and resulting PTSD is a criminal matter. "Criminal Negligence Causing Bodily Harm".

The law recognizes inflicting of psychological harm as bodily harm for purposes of seeking criminal charges against the employer; and/or for seeking damages through a civil action.

I agree in full: Mr. Backeland's fundamental rights under provisions of the Charter are breached.

I've included a reference to a campaign we've launched. This action intends to expose long-standing troubling concerns with our BC compensation system and past Liberal Party governments.

2020-12-14 23:34:33 -0500

5). Mr. Backeland needs a peer-support person to stand-up for him. As I live in BC and have been at this specific issue a long time (PTSD), I'm more than willing to speak with your team. If Mr. Backeland is open to a conversation, please, feel free to provide him with my email address.

I would very much like to speak to you. Not only to discuss the campaign. To stand up for a brother abandoned by his own. Myself and those working this campaign, and my public safety peers across Canada, know this story well.

I look forward to an invitation from yourself and your team, at your best convenience.

This is an invitation, I'll be honored to accept.

Best Regards,

Darren Gregory
www.traumarecoverybc.com

2020-12-14 18:33:27 -0500

December 14th: Update
DMG

The Canadian Center for Policy Alternatives BC Office
BC Solutions
October 2020

"A province-wide survey commissioned earlier this year by the CCPA-BC sheds light on British Columbians’ experiences of the pandemic, what they think about the provincial and federal responses, and what they’d like to see in recovery plans. The online survey of 2,289 BC residents was conducted by McAllister Research from May 16 to June 1, 2020."

https://www.policyalternatives.ca/sites/default/files/uploads/publications/BC%20Office/2020/10/ccpa-bc_BC-Solutions-Magazine_Oct2020.pdf

2020-12-14 01:50:34 -0500

December 14th
An Article from December 4th, 2020.

"Families of three rail workers killed in a crash in the Rockies of eastern B.C. almost two years ago are calling on the prime minister to intervene after a former Canadian Pacific Railway police officer alleged his superiors obstructed his investigation.

This week, relatives launched a petition and video appeals to Justin Trudeau asking for an independent investigation into the crash of CP Train 301. They also want an end to Canada's two largest railways running their own corporate police forces.

"I'm begging you, prime minister," says Ethel Nesbitt, grandmother of deceased conductor Dylan Paradis, in the video campaign produced by the rail workers union. "I don't have much time left on this earth to fight for the truth. But I do feel I'd have failed Dylan if we don't get something done and cleared up."

https://www.cbc.ca/news/canada/british-columbia/families-of-rail-workers-call-for-action-1.5827464

2020-12-14 00:44:54 -0500

https://www.facebook.com/darren.gregory.39/posts/10224014293493231

2020-12-13 23:57:36 -0500

December 14th, 2020
Disabled Workers in Canada
Seek Section 7 Charter Protection | Leadnow.ca

https://you.leadnow.ca/petitions/disabled-workers-in-canada-seek-section-7-charter-protection

“The government is in the business of facilitating toxic employers to willfully damage their workers health and then refuses those disabled workers their Disability and Workers Compensation benefits.”

“Expect to be mistreated by Workers Compensation.”

“Anyone that has been through the Disability System or Workers Compensation for occupational diseases and been denied their eligible benefits knows that the social security system is blatantly rigged.”

2020-12-13 23:57:19 -0500

2). “It was an awareness of the frauds that Disability and Workers Compensation have become that turned me into a civil rights advocate for the disabled.”

“The government is in the business of ruining the lives of the majority of the disabled.”

“I am a victim of government corruption.”
~ Steven Magee

https://www.theglobeandmail.com/opinion/article-as-employment-in-canada-continues-to-struggle-its-disabled-folks-who/

2020-12-13 23:53:01 -0500

Keep The Wolves Away
(A Story of Worker Disability).
Uncle Lucius

"Took my first breath, where the muddy Brazos, spills into the gulf of Mexico. Where the skyline's colored by chemical plants, t'put bread on the table of the working man.

Where the working man does his best to provide, safety and shelter for kids and a wife. Given little love n soul every day, making over time to keep the wolves away."

2020-12-13 23:52:08 -0500

"Well I was barely thirteen when the company man, tried to dig my daddy's grave. It happened on a French owned tanker ship, spilling poison in the Galveston Bay.

Where the liquid fire filled his lungs and his eyes, silenced any mortal cries. Cold and the grip of death stinging pain, he fought like hell to keep the wolves away."

2020-12-13 23:47:28 -0500

"For the next few years dad was sick as a dog, but he made a recovery just to spite the odds. Settlement came and we moved out of town, where the sky isn't heavy with refinery clouds.

Yeah he's still alive he's doing good he's in his fifties. But the moneys running out, and he's pinching for pennies. So goin' for broke with every song I've made, 'cos now it's my turn to keep the wolves away."

Source: LyricFind
Songwriters: Kevin O'Neil Galloway
Keep The Wolves Away
lyrics © Ole Media Management
https://youtu.be/pYdvxBxHX2U

2020-12-13 01:23:00 -0500

December 12th, 2020
DMG

Federal-Provincial-Territorial Ministers Meeting.
Collaborative Action to Uphold Human Rights (protection) in Canada Still Lacking.
Amnesty International Canada.
November 12th, 2020.

"Canada’s haphazard and ineffectual approach to intergovernmental coordination in implementing human rights obligations is of twofold concern. First, it is clearly a serious problem domestically, as it undermines efforts to address grave and longstanding human rights violations. Second, it means that Canada’s global human rights diplomacy is weakened, making it impossible for our diplomats to encourage other nations to take steps that we have failed to take ourselves."

https://www.amnesty.ca/news/federal-provincial-territorial-ministers-meeting-collaborative-action-uphold-human-rights

2020-12-12 21:21:09 -0500

December 12th, 2020
DMG

Human Rights Protection in Canada/ The Charter of Rights and Freedoms Must Come of Age.

https://www.linkedin.com/pulse/human-rights-protection-canada-charter-freedoms-must-come-gregory/

2020-12-12 19:58:35 -0500

December 12th, 2020
DMG
7 High-Risk Professions That Can Lead to PTSD

"Certain professions are associated with a high risk for the development of PTSD. High-risk professions are generally designated as professions that have significant proportions of individuals developing trauma-related disorders such as PTSD. These include military occupations, firefighters, and more. Continue reading to learn more about traumatic events and which other professions are considered to have a high risk of exposure to these events."
~ Amanda Lautieri, American Addiction Centers

https://deserthopetreatment.com/co-occurring-disorders/ptsd/high-risk-professions/

2020-12-11 20:45:11 -0500

December 11th, 2020.
DMG

LSLAP Manual: Workers' Compensation

"This chapter on workers' compensation is from the manual used by law students handling cases at the LSLAP program's legal clinics. It provides an overview of the law relating to compensation for workplace injuries or illness, and describes the claims and appeal procedure."

https://www.lslap.bc.ca/uploads/2/9/3/5/29358111/lslap_manual_ch_7_-_workers_compensation.pdf

2020-12-10 23:33:06 -0500

December 10th, 2020
International Human Rights Day
Disability in a Human Rights Context
Theresia Degener
August 25th, 2016

"Human dignity is the anchor norm of human rights. Each individual is deemed to be of inestimable value and nobody is insignificant. People are to be valued not just because they are economically or otherwise useful but because of their inherent self-worth…The human rights model (of disability) focuses on the inherent dignity of the human being and subsequently, but only if necessary, on the person’s medical characteristics. It places the individual center stage in all decisions affecting him/her and, most importantly, locates the main “problem” outside the person and in society."

https://www.mdpi.com/153360

2020-12-10 18:54:52 -0500

“The notion that “the best and the brightest” are better at governing than their less-credentialed fellow citizens is a myth born of meritocratic hubris.”
~ Michael Sandel, 'The Tyranny of Merit'.
https://policymagazine.ca/merit-and-the-hubris-of-elitism/

2020-12-10 18:41:28 -0500

December 10th, 2020

1). A few months back, an attorney in BC showed interest in our plight. I contacted him at the time and since then I kept him in mind. As this campaign started coming together, I reached out to him again. He offered a consultation and set things up for contact with his office.

2020-12-10 18:41:05 -0500

2). I called today. The appointment is scheduled for January 6th, 2021 at 10am. With the call today, I informed his assistant that in BC there are 280 with me who need this same attention. As well, I informed the assistant that we've determined that there are thousands across Canada who've suffered the same abuses as we have in BC with our systems.

2020-12-10 18:40:50 -0500

3). Fifteen years of this for me battling this issue. Twenty-Five years now hoping to recover. That's how long it's taken to get here. That's how messed up our society is. I know former public safety workers who've been working to shift things on the PTSD issue in first responders in Canada for over 30 years.

2020-12-10 18:40:33 -0500

4). How many suicides might have been prevented if those in power acted when we brought forth these concerns? How many families saved? How many might not have ended up permanently disabled?

2020-12-10 18:40:24 -0500

5). The BC Liberals were in power at the time and they did NOTHING as myself and others begged for change. 2001-2017. The BCNDP Government did more over three years than was accomplished trying to persuade those in the BC Liberal Party. That bunch frankly abused power, breached the public trust and with the incompetent decisions they made we're now in the throes of a social injustice crisis in every corner of British Columba.

2020-12-10 18:39:58 -0500

6). Across Canada, egg-heads ignored the vulnerable while we died under this society's nose. In 2017 in BC with a change of elected officials, we're at least baby-steps in the right direction finally.

We had to push them too. Everything's a fight.

Fifteen years for me. This is where it started. March 20th, 2006, with Corky Evans.

https://www.leg.bc.ca/documents-data/debate-transcripts/38th-parliament/2nd-session/20060320am-Hansard-v7n8

2020-12-10 03:53:45 -0500

December 9th, 2020

Write for Rights: Write-Athon
Amnesty International Canada
312 Laurier Ave E
Ottawa, ON K1N 1H9

Email: writeathon@amnesty.ca

RE: International Human Rights Day: Write for Rights.
Home - Write for Rights
https://writeathon.ca/
Amnesty Team:

This is my first time participating in Write for Rights. I look forward to slamming the keyboard tomorrow.

2020-12-10 03:52:05 -0500

2). It's humbling to be reminded that there are advocates world-wide who've perished or are jailed, simply for standing up to protect what all human rights principles define as inalienable.

Not to distract from tomorrow's mission: Please consider that our domestic human rights record in Canada is abysmal.

Advocates for those most vulnerable have our own campaign running. British Columbia workers who are permanently disabled are calling on our Provincial and Federal Governments.

2020-12-10 03:51:20 -0500

3). Rather than dictate the story. For now, I ask that Amnesty International Canada, consider that it's time for the Canadian Charter of Rights and Freedoms to come of age. Four decades since the Charter entered our Constitution and Canada has recently been judged with the MMIWG Inquiry rightly and genocide is the charge. There are others who've perished since.

Along with the letter-writing for Write to Write tomorrow, on International Human Rights Day 2020, the day will be also dedicated to the work of standing up for our most vulnerable citizens suffering human rights abuse here at home.

Disabled Workers in Canada Seek Section 7 Charter Protection | Leadnow.ca

Thank you for your work.

Kind Regards,
Darren Gregory
www.traumarecoverybc.com

2020-12-09 19:55:58 -0500

December 9th, 2020

Insult to Injury: BC Federation of Labor: 2009.

"This paper looks at the changes to the BC Workers’ Compensation System from 2002- 2008, and how these changes have come at a profound cost to workers and to the treatment and benefits that injured workers receive under the compensation system."

BC Federation of Labor.
Stan Guenther, Janet Patterson & Sarah O'Leary.
April 22nd, 2009.
https://bcfed.ca/news/briefs/insult-injury

2020-12-09 18:21:16 -0500

December 9th, 2020

James Mansell in BC, shares his story.

https://youtu.be/2aP-Qd8M2Ko

2020-12-08 06:49:28 -0500

"(The People) suffer, because they don't know who they are."
~ Senator, Murray Sinclair ("emphasis mine").

"In all countries, it is well-established that poorer people have substantially shorter life expectancies and more illnesses than the rich — inequalities that cannot be explained by differences in health care or by personal health behaviors. Studies have shown that these disparities are associated with structural differences, such as income, employment and working conditions, housing, education, food security, social inclusion and the environment — what we now consider the social determinants of health."
https://cna-aiic.ca/en/nursing-practice/evidence-based-practice/social-determinants-of-health/social-determinants-of-health-e-learning-course

2020-12-08 06:45:39 -0500

"This e-learning resource is designed for nurses who work with individuals, families and communities that are vulnerable to health inequities. Using evidence-based information and reflective practice questions, each module will help registered nurses and nurse practitioners optimize their role and integrate a social determinants lens into their practice. Nursing students or others with an interest in social determinants will also find the course informative." (Canadian Nurses Association).
https://cna-aiic.ca/en/nursing-practice/evidence-based-practice/social-determinants-of-health/social-determinants-of-health-e-learning-course

2020-12-08 06:42:30 -0500

Humans: Monkeys with a Cortex.

https://youtu.be/eYG0ZuTv5rs

2020-12-07 13:49:07 -0500

With CERB coming to an end, some who saw increased disability benefits, like those in BC who receive PWD, are concerned. I agree that the increase has likely relieved financial insecurity grief for many. We've called for increases to Provincial Disability Benefits for a generation.

Earlier in the year, the Federal Throne Speech made an announcement that it seems most of us missed.

Federal Minister for Disability Inclusion, Hon Carla Qualtrough: has confirmed through the press that the Federal Government has committed to a Federal Disability Benefit, based on Basic Income principles.

Of course, we wait with hopeless anticipation. Many times bit, forever shy.

https://www.hilltimes.com/2020/11/05/persons-with-disabilities-deserve-a-basic-income/270908

2020-12-07 00:33:10 -0500

https://youtu.be/V9FN0-jUf_U

2020-12-06 17:45:40 -0500

December 6th, 2020

We're pushing for a Canada-wide investigation of Workers Compensation Agencies.

We're pushing for proper disability supports for all disabled Canadians.

We're pushing, BC workers, for our own claims to be honored.

We're seeking human rights protection under Section 7 of our Charter of Rights and Freedoms.

When governments in Canada and healthy secure Canadians stand up for disabled persons: government representatives will prove themselves deserving of the privilege granted by the People of Canada our representatives serve.

Supporting this campaign, Canadians stand up for 6.5 Million disabled persons coast to coast.

2020-12-06 06:28:37 -0500

Well, if you told me you were drowning
I would not lend a hand
I've seen your face before my friend
But I don't know if you know who I am
Well, I was there and I saw what you did
I saw it with my own two eyes
So you can wipe off that grin, I know where you've been
It's all been a pack of lies.
And I can feel it coming in the air tonight, (Oh lord)
Well I've been waiting for this moment for all my life, (Oh lord)
I can feel it coming in the air tonight, oh lord
Well I've been waiting for this moment for all my life oh Lord, (Oh Lord)
Source: Musixmatch
Songwriters: Collins Phil
https://youtu.be/J-tY4Av3meo

2020-12-06 04:22:18 -0500

https://youtu.be/45cYwDMibGo

2020-12-06 02:18:13 -0500

"We live in a time of massive institutional failure, collectively creating results that nobody wants. Destruction of communities, nature, life and the foundations of our social, economic, ecological, and spiritual well being. This time calls for a new consciousness and a new collective leadership capacity to meet challenges in a more conscious, intentional, and strategic way. The development of such a capacity would allow us to create a future of greater possibilities."

~ C. Otto Scharmer, 'Leading from the Emerging Future'.

https://amzn.to/39MWeWs

2020-12-05 21:35:58 -0500

This is from 2016. Not even our Physicians in Canada are safe from retaliation.

This physician, REFUSED to 'deliver a medical opinion that suited WSIB' in Ontario.

She stood up for us. She paid the price. Her determination, I highly respect.

https://www.thestar.com/news/gta/2016/04/21/doctor-sues-wsib-employer-after-refusing-to-change-medical-opinion.html

2020-12-05 20:44:50 -0500

December, 5th, 2020: The Westray Act.

1) "The Westray bill or Bill C-45 was federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill (introduced in 2003) established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others."

"These provisions of the Criminal Code affect all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations."

2020-12-05 20:44:12 -0500

December 5th, 2019

2) Sections of the Criminal Code

The amendment added Section 217.1 to the Criminal Code which reads:

"217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."

The amendment also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2)."

https://www.ccohs.ca/oshanswers/legisl/billc45.html

2020-12-05 05:03:35 -0500

Political Economy of Workplace Injury in Canada
Dr. Bob Barnetson.

1). "The purpose of this book was to examine how Canadian governments prevent and compensate workplace injury, who benefits from this approach, and how they benefit. The first four chapters suggest that governments do a poor job of preventing injury. The use of ineffective regulation appears to represent intentionally prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems. Examining injury compensation reveals how seemingly neutral aspects of claims adjudication and management financially advantage employers and limit the ability of workers to resist unsafe work."

2020-12-05 05:02:44 -0500

2). "Together, this analysis suggests that the prevention and compensation of workplace injuries are not solely technical or legal undertakings, but intensely political ones that entail serious consequences — most often for workers. This conclusion is quite upsetting. But the facts are difficult to dispute. Whatever the drawbacks of Canadian injury statistics, they demonstrate that hundreds of thousands of workers are injured each year on the job. This raises two fundamental questions. First, why are so many seriously injured every year? And, second, why don’t governments do something about it?"

~ Dr. Bob Barnetson, 2010.

https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

2020-12-05 00:48:24 -0500

December 4th, 2020

We know that disabled Veterans are included in those living homeless in Canada.

We know as well, that there are a great many psychosocially disabled public safety workers in Canada who were betrayed by employers, governments and compensation systems across Canada.

We know that of the 15,000+ who've perished to drug-poisoning, the numbers include workers discarded by our compensation systems without doubt.

As our compensation systems and employers had favor of government in BC for far too long, workers suffered great losses.

Many, lost our lives. Many, remain stranded in limbo, waiting for justice. When our compensation systems throw-away workers in legitimate suffering and trouble due to injury and/or illness, we end up eventually seeking social assistance or CPP.

This has stressed these systems to nearly complete uselessness. Disability benefits Canada wide provincially are abysmal. As is the case with CPP. Deep poverty is imposed here.

2020-12-05 00:41:23 -0500

2). Because service systems mandated to serve persons with disabilities in BC are managed using a Corporate Governance Model, as is our WorkSafeBC, law and policy for our Ministry of Social Development and Poverty Reduction in BC was manipulated around the same period (2001-2005); income benefits have remained stagnant for a generation. We know, the disdain expressed by employers and business for workers injured, made ill or disabled in the course of employment is crushingly real.

2020-12-05 00:41:02 -0500

3). There's been little effort put towards determining the needs of the estimated 6.5 Million persons disabled in Canada. There are a great number of policy think tanks and other NGO's that have worked desperately hard to raise these same concerns for all those years.

We know too-little. Governments in Canada have failed persons with disabilities.
The outcomes of the past 20 years of governance in Canada speak for themselves.

How many discarded workers have ended up homeless?

2020-12-05 00:40:19 -0500

4). It's clear that the Federal Government and Minister Qualtrough are stepping up.

https://twitter.com/i/status/1334523868174749699

As I view social injustice issues as connected, I've signed this letter.

"Recovery for All" is a campaign sponsored by:

The Canadian Alliance to End Homelessness.

https://caeh.ca/
https://act.newmode.net/action/make-the-promise-a-reality

2020-12-04 23:55:05 -0500

https://twitter.com/i/status/1334523868174749699

2020-12-04 21:15:18 -0500

December 4th, 2020

Economic, Social and Cultural Rights protection in Canada isn't an issue that any citizen in our country should need to, 'lawyer up' and fight to secure.

"This inherent, inalienable human right is affirmed in international law – the International Covenant on Economic, Social and Cultural Rights, which Canada ratified in 1976. Economic and social rights relate to our ability to live in dignity and participate fully in society. They include rights related to the workplace, social security, family life, participation in cultural life, and access to housing, food, water, healthcare, and education. They include the right to an adequate standard of living."
https://maytree.com/publications/lets-turn-social-assistance-on-its-head/
https://www.amnesty.ca/search/node/social%20economic%20cultural%20rights%20canada

2020-12-04 03:06:53 -0500

https://you.leadnow.ca/petitions/provide-a-liveable-income-for-canadians-with-disabilities

2020-12-03 22:25:44 -0500

Human Rights Protection in Canada/ The Charter of Rights and Freedoms Must Come of Age.

“Somewhere beyond right and wrong: there is a garden. I will meet you there.” ~ Rumi

“A nation should not be judged by how it treats it’s highest citizens. But, by how (a nation) treats it’s lowest ones.” ~ Nelson Mandela

The Canadian Charter of Rights and Freedoms entered Canada’s Constitution in 1982. The purpose of the Charter was to empower Canada's people by honoring human rights protection with unified commitment referenced in constitutional law. Canadians are expected to understand the Charter along with the human rights documents and instruments that informed her.
https://www.linkedin.com/pulse/human-rights-protection-canada-charter-freedoms-must-come-gregory/

2020-12-03 21:53:19 -0500

December 3rd, 2020.

https://youtu.be/GxSN4ip_F6M

2020-12-03 20:22:53 -0500

December 3rd, 2020.

I received acknowledgement from a member of the press that the request I sent yesterday was received. I await further contact from the journalist and will update as the campaign moves forward.
Darren Gregory
Dec. 3rd, 2020.

2020-12-03 20:19:36 -0500

December 3rd, 2020.

I wrote today to the Minister of Social Development and Poverty Reduction, the Hon Nicholas Simons, requesting Section 7 Charter Protection for myself and persons with disabilities in BC and as the campaign intends: for disabled persons and workers across Canada.

https://www.facebook.com/darren.gregory.39/posts/10223963428901648

2020-12-02 20:17:20 -0500

1). Today, I initiated two actions. First, after receiving the denial for a review of my case with WorkSafeBC yesterday, below you'll see a copy of an email sent to the Minister for Labor in British Columbia, Hon. Harry Bains. Prior, I contacted by form the Fair Practices Office for WorkSafe requesting guidance. The Fair Practices Office contacted me by phone today. Due to conflict with an appointment time scheduled, I put off discussion with the individual from Fair Practices until tomorrow. I'll make that call-back as early in the day tomorrow as possible and will update all members of the numerous groups using social media tomorrow on that particular step. I'll post an update here as well.

2020-12-02 20:16:51 -0500

2). The second action I will review tonight was reaching out to make contact with the press. I'll update here and to the groups when/if the journalist with CBC I've contacted and the other with the Tyee can support us all with a story. The journalist with the Tyee has done so in the past. So, fingers crossed there. I'll let folks know more as these two efforts come back with a response from those I've contacted.
Darren Gregory.
“A nation should not be judged by how it treats its highest citizens, but it's lowest ones.” -- Nelson Mandela

2020-12-02 16:14:40 -0500

100 signatures reached

2020-12-02 01:30:34 -0500

"Eight-year battle with province ends in suicide."
Kim Bolan, Vancouver Sun
Published: Monday, February 13, 2006

"Last Tuesday, injured trucker Bhupinder Singh Kang told a WorkSafeBC meeting that he spent his days dreaming he was in a big hall "watching the sunset, and waiting, waiting, waiting for death."

Hours later, he was found dead on the kitchen floor of his Abbotsford home, an apparent suicide.

His family and lawyer Craig Paterson believe the distraught 39-year-old took his own life because of his desperation over an eight-year battle with WorkSafeBC -- formerly the Workers' Compensation Board -- that left him depressed and despondent."
http://tombrownskwcb.tripod.com/id21.html

2020-12-01 20:08:08 -0500

Update: Dec. 1st, 2020

I've been denied an extension in time to request a WorkSafeBC review of my case. I've written the Fair Practices Office for WorkSafeBC, requesting guidance and Section Seven Canadian Charter of Rights and Freedoms Protection. I expected this and am moving on to this as the next step. In attached documents, I've made it clear that I'm standing with 280 BC abandoned, struggling injured/ill/disabled BC workers and across Canada we number I'm told in the 1000's. Going in, I committed to see this through, wherever it goes. Now, I wait for a response.

Should any supporters, regardless of where in the country you're from, wish to punch out a letter to Minister Bains: Use the following Email Address.
LBR.Minister@gov.bc.ca

I'll keep moving forward. Cheers.
Darren Gregory

2020-12-01 20:04:11 -0500

December 1st, 2020

Hon Harry Bains
Minister of Labor
Email: "LBR.Minister@gov.bc.ca"
RE: Disabled Worker Seeks Section 7 Charter Protection.

Minister Bains:

I write today to inform you of the above referenced request.

Having no avenues readily prepared to hear from me with integrity, I turn to the Minister of Labor for help.

I trust that the documents attached are clear. This links to the report of Dr. Barnetson in full.

https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

Should the Minister require clarification, don't hesitate to ask.

Respectfully,
Darren Gregory

2020-12-01 19:55:08 -0500

1). 'The Political Economy of Workplace Injury in Canada'.
~ Dr. Bob Barnetson, 2010.
https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

2020-12-01 19:53:03 -0500

2). "The purpose of this book was to examine how Canadian governments prevent and compensate workplace injury, who benefits from this approach, and how they benefit. The first four chapters suggest that governments do a poor job of preventing injury. The use of ineffective regulation appears to represent intentionally prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems. Examining injury compensation reveals how seemingly neutral aspects of claims adjudication and management financially advantage employers and limit the ability of workers to resist unsafe work."

2020-12-01 19:52:09 -0500

3). "Together, this analysis suggests that the prevention and compensation of workplace injuries are not solely technical or legal undertakings, but intensely political ones that entail serious consequences — most often for workers. This conclusion is quite upsetting. But the facts are difficult to dispute. Whatever the drawbacks of Canadian injury statistics, they demonstrate that hundreds of thousands of workers are injured each year on the job. This raises two fundamental questions. First, why are so many seriously injured every year? And, second, why don’t governments do something about it?" https://www.aupress.ca/books/120178-political-economy-of-workplace-injury-in-canada/

2020-12-01 12:59:37 -0500

50 signatures reached

2020-12-01 08:54:07 -0500

25 signatures reached

2020-12-01 06:32:25 -0500

https://youtu.be/v8zEkJ0zIpc

2020-12-01 06:28:32 -0500

https://youtu.be/PgQnLXazdSg

2020-12-01 06:11:25 -0500

The above referenced circumstances represent Constitutional concerns. To accept status quo, leaves the provisions of our Charter quite shamefully meaningless. Continued abandonment of those workers denied compensation supports, will push us ultimately into other government service systems.

This can only serve to stress other social safety net benefits systems further than these systems are already stressed enough to limit the benefit incomes available. Income supports for disabled Canadians provided by provincial and the federal governments are abysmally below any reasonable estimates of poverty income across the country.

Therefore, the request for a National Public Inquiry is in both the interests of those in current jeopardy; and is in the interests of all Canadians nationally: which justifies calling on the Federal Minister for Jobs, Workforce Development and Disability Inclusion for intervention.

2020-12-01 06:10:41 -0500

We assert that a National Public Inquiry is necessary to move our compensation systems and governments to provision of compensation benefits to workers injured, made ill, and/or disabled in the course of employment as civil society expects. In order to protect the health, financial, and psychological wellbeing of workers and our families currently struggling, as well as to protect any workers and family in future, we approach the Minister with confidence. We assert that should the Minister refuse to call for this inquiry: harms and human rights abuse of workers and families will persist.

2020-12-01 04:46:46 -0500

In regard to my personal compensation matters that are currently before the Chief Review Officer of WorkSafeBC: I declare, non-violent peaceful protest. I hereby further declare, it is my position that the Workers Compensation Act 2002 and all subsequent amendments to the Act, through to the year 2020 as last amended, I consider the Act as illegitimate. The law empowers human rights abuse and is therefore simply unjust.

Therefore, in the Province of British Columbia, I hereby demand of the Chief Review Officer of WorkSafeBC that she exercise the agency's currently legislated discretion to invoke a full review of all matters associated with my personal case. Further, there are 280 BC discarded workers standing beside me. Each one deserves the same attention from WorkSafeBC.

In fact, we will at this point settle for nothing less.

Darren Gregory. December, 1st, 2020.

2020-12-01 01:55:12 -0500

Our human rights record at home is abysmal. Champions strive for expressing our very best. While we've opportunity that the current pandemic provides, I ask fellow citizens to consider that regardless of whether or not this specific concern applies to you: Realize that it is as human beings we are equals.

Realize as well that the rights we fight to enjoy as disenfranchised Canadians belong to you. To enjoy rights protection, we are obliged to stand up for human rights protection of all.

We ask you to support your fellow Canadians. Disability can happen to anyone. In a heartbeat, our lives change without warning. By signing this letter in support, you're not only standing up for disabled workers and other disabled Canadians.

By signing: You stand up for yourself and for those rights we take for granted.

Be Well.

Darren Gregory
www.traumarecoverybc.com

https://www.linkedin.com/pulse/human-rights-protection-canada-charter-freedoms-must-come-gregory/

2020-12-01 01:54:31 -0500

The Canadian Charter of Rights and Freedoms in Canada secures human rights protection for all Canadians. After four decades, it's time for the Charter to come of age. If we are to accept praise as a nation that champions human rights . . . .

We must clean up our domestic human rights protection record and align ourselves as a developed nation in law, legal and governance structures to accept our international reputation.

2020-12-01 00:31:23 -0500

10 signatures reached

2020-11-30 22:18:18 -0500

As this campaign unfolds, I hope to bring to our side, every individual Canadian, from all groups associated with those protections the Canadian Charter identifies as vulnerable to discrimination: it's time civil society agree to learn in Canada what our obligations to one another are as outlined in our Constitution and the Charter of Rights and Freedoms.

The Canadian Constitution is our nation's most supreme law. Therefore, the Charter of Rights and Freedoms, being held within our Constitution, is the first most important law in our country that we've each obligation to comply.

The long-run personal goal in starting this campaign: There are so many I've met along the road hoping to recover. There are thousands suffering needlessly. Simply due to ill-mannered drafting of legislation that intends this very outcome.

https://www.linkedin.com/pulse/human-rights-protection-canada-charter-freedoms-must-come-gregory/