I have begun to believe my mind is full of tiny little topics that act like pimples.

No one can predict the order they start to fester in, or when they’ll get ripe and burst.

Monday, 7 April 2014

FREEDOM OF INFORMATION, IS THERE ANY?



FREEDOM OF INFORMATION,
IS THERE ANY?

No, and the Cops are Taking Advantage of That!

In keeping with my policy of wanting to put more through this grinder of Information to keep you informed here is what was supposed to be the first short post that will only be announced on Google+ and FB. My advisory letter will only be sent for my major contributions. Anytime anyone tunes in here I hope to have something new to make you question our universe.

This is to clue you in on upcoming material topics I am working on. FOI to start!

This first one started with the seizure of all Dr. Rob Kamermans patients’ files regarding Medical Marijuana. I watched the development and handling of the case and selected Sergeant Mark Duval as the Chief culprit in the whole damned mess and I set out to get him punished. I haven’t managed to do it yet but I’m still alive!
My first attempt at to get him strung by the nuts was a Complaint to the Office of the Independent Police Review Director. That established that Sergeant Duval was guilty of Criminal Negligence under Section 219 of the Criminal Code by intentionally holding those file and causing harm to their owners. The crime is still in process, he holds the files to no purpose today and will not release them.

That failed quickly: A clerk read my complaint; noted that the date of the Complaint was older than the six months but failed to note the crime was still in process. She accordingly wrote a letter advising me the Director had decided to refuse on the Age grounds. She made the mistake of not having the brains to get the director to sign his refusal but ended it with a one squiggle signature, Her name and Title.

I do not die that easily!

For my second attempt I wrote a reply To Director Gerry McNeilly that wasn’t too tactful. I asked him to review the clerical error Override her decision and begin an investigation of the Section 219 charges I was alleging. I further requested that since the crime is still in process could he please contact the OPP and get them to immediately order Sergeant Duval to release the files!

I got an almost immediate reply signed by the Director refusing to grant my appeal, with no other comment re the file release. It was short, terse and about what I expected. I concluded he was surprised by my appeal and the failure to honour him with appropriate language in a deferential tone to a man in his position.

WHO IS THIS GUY?

Who the hell are you to deny me my complaint because I hurt your feelings? I accused your staff of skipping a critical fact when they read my complaint and your nose is out of joint? Why? Because they didn't think you were important enough to bother to get a signature and acted in your role to be the scribbler.

What now?  Well I checked Mr. Mc Neilly out and he’s an old fart Jamaican immigrant. Surprise Surprise. The Master who treated me like a nigger is a nigger. Well that nigger has a master somewhere and I stated looking and found that Mr. McNeilly’s appointment as Director was a mistake made by the Attorney-General- On to Top Dog.

Here we go again. I composed a complaint to the Attorney-General of Ontario and requested a review of Director McNeilly’s second decision because the reason for denial was late submission of my application but the second intentionally ignores the fact that he was now dealing, as we still are with a “Crime In Process”
 
I asked to get copies of all the contents of my Complaint File at the OIPRD. I wanted to see just what when on with the denial; I received an acknowledgement of receipt and since then I have been patient and waited.
That should get some reaction. It did: But not what I had expected.

The other day I got a lovely Expresspost as my reply from The Attorney- General and when I opened it I found a cover letter and a thin attachment of Documents accompanied by a ¼” thick submission package of more.

The cover letter advised the thin attachment was all the documents they could supply me from my file at OIPRD. Nothing but what I had sent and what they had sent me:
1.    My Request for an Investigation
2.    The Director’s first decision with the Clerical Signature
3.    My Complaint and Request for Review to the Director
4.    The Director’s decision his first one was correct.

W!T!F!

The cover advised that this is all that they could provide because it concerned a matter involving an Investigation: and under the Freedom of Information and Protection of Privacy Act nothing could be disclosed.

This whole bloody thing just went TILT

Having received the Ministry's reply to my complaint about Director McNeilly: I do not understand the diversion of my complaint to The Information and Privacy Commissioner/Ont. I have however followed the instructions and the referral is now en route to him.

I do not understand the redirection because my complaint is not about the blatant invasion of privacy involved in the examination of the contents of 4100 medically confidential patient files.
I had not planned to contact the IPC because I thought he would have already been aware of the problem from all the front page coverage in Ontario. If the IPC wasn't aware he now is. Good. Maybe he will actually do something to get the files released. McNeilly wouldn't.

To my understanding the Information and Privacy Commissioner has no power to override a decision of the Director and no authority to do any investigation into the Criminal Negligence of a bunch of rogue cops. I was under the impression that since the Attorney General appoints the Director, he might also have the authority to call him to task when he screws up.

This is not a minor offence: it's Intentional Criminal Negligence by the whole OPP Chain of Command aided and abetted by the Director. Mr. McNeilly knew full well the crime was still ongoing but ignored the fact and denied my appeal on the basis of the six month rule. It was the easy way out and avoided a nasty investigation of a shameful vindictive persecution of 4100 sick people for no reason except Sergeant Duval considered them all a bunch of druggies and decided to punish them. He has done so by holding all the medical information required by the druggies to renew their licenses for both possession and growth until past the renewal date. Sergeant Duval knew full well he was breaking the law but that the OIPRD, his superiors, and brothers would cover his ass even if an investigation was ordered.

This has to change and with common sense change is possible. I am now waiting my reply from the Information and Privacy Commissioner of Ontario and I made a point of questioning her authority to investigate Criminal Behaviour and get the Criminals charged; or does privacy override investigation of Duval’s Intentional Negligence causing a great deal of harm.

To be continued if and when I get some more answers. Stay tuned.
Blaine Barrett