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.

Thursday 27 August 2015

A Denunciation of Gerry McNeilly





Some Payback to a Prick

Nobody Tells Me to FUCK OFF




Director Gerry McNeilly
Office of the Independent Police Review Director

                                    



MY PROBLEM!!


January 26, 2012 the Ontario Provincial Police raided the Office of Dr. R. Kamermans in Coe Hill and in the process illegally seized, examined and has retained all 4100 Patient Files related to Applications for Medical Marijuana.

That is a fucking double crime: Criminal Negligence and Invasion of Privacy

In July, 2013 I complained of this crime by the Ontario Provincial Police. I was compelled to complain to the Director at the Office of Independent Police Review as he is the only one who can authorize an investigation into Police misconduct and lodge charges if warranted.

What happened? I got ignored. In short I felt like I had been told to “Fuck Off”.
I was treated as a “White Nigger” by a Real “Nigger” and it is payback time

 I recently found out that all 4100 missing Patient files from The Kamermans Raid are still in the custody of the Crown wherever the next trial is and that proves the Crown guilty of Criminal Negligence. They are illegally holding these files without probable cause. The fact that Asshole Director McNeilly would not investigate my complaint means the crime has been continuing in process because he ignored it for over two more years.

Decisions by the Director of the OIPRD have no means of appeal or overrule but I decided that since he is a Government appointee by a previous Attorney General he as a last resort has to answer to the top of the Food Chain for his double dipping job.

Accordingly what you will find following is:

My 2 page cover letter to Premier Kathleen Wynne:
My 1 page cover letter to Director McNeilly
My 17 page “A Denunciation of Gerry McNeilly”

This is my appeal to the Premier to hold the bastard responsible for what he has done. I explain to her what I believe has happened in great detail with manifold facts to back my allegations but it is now up to her and her Government to verify my complaint as the truth by finding out what the truth is from a bunch of cops who are all skilled liars and all the action has all been under the table within the membership of the Blue Brotherhood that is devoted to protecting its members from any prosecution that might set a precedent of a cop actually found guilty guilty of a crime less serious than murder.

That I believe is enough introductions so to begin here is my starting complaint to Premier of Ontario : Kathleen Wynne. We shall see what develops.

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My Cover Letter to Premier Wynne
 Introduction to my Complaint


Kathleen Wynne, Premier                                                   August 28, 2015
Legislative Building
Queen's Park
Toronto ON M7A 1A1

A Denunciation of a Government Appointee

Dear Premier Wynne:

Much as I regret to inform you, I have been the victim of Criminal Negligence and had my Personal Privacy invaded by the Ontario Provincial Police. The crime occurred in Feb. 2012 with the illegal seizure, retention, and refusal to return 4100 patient Medical files that each contained an approved Application for Medical Marijuana: one of which was mine.

June 20, 2013 I formally lodged a Complaint with the Ontario Office of Independent Police Review and requested the Director launch an investigation. My request was denied on a technicality: I appealed that decision directly to the Director and was denied with no reason given. There was no attention paid to the manifold details my letter and Director Gerry McNeilly never read any of it. In this instance his refusal to investigate the manifold allegations I made is a sheer refusal to do his duty: to read every complaint submitted and if warranted request the Police to investigate themselves.

There is no way to appeal a Decision regarding an investigation into Police Misconduct. I was at a dead end until I discovered the Information and Privacy Commission had located the presence of 4100 Personal Patient Medical Files in the Custody of The Crown. The Crown Prosecutor of the Kamermans trial is apparently still holding the files as evidence and he has no right to do so. The contents of those files are personal and private and he should not be able to open any one of them without a warrant based on Probable Cause.

I am going to leave it to you to solve the problem that has infected your government. Director McNeilly has engaged in Criminal Negligence by ignoring my request and has permitted a despicable crime to continue and is still in process to this date. The deception and cover-up will become apparent but his manipulation of information supplied has tampered both your Ministries of Justice and Community Safety and Correctional Services. The Cops took the files and the Crown Prosecutor is illegally holding them. I have taken the liberty of sending a copy of the Denunciation to both Minister of Community Safety and Corrections, and Minister of Justice. I am given to understand that the Attorney General has the power to appoint the Director. I hope that also includes the power of removal.

Premier Wynne: In conclusion let me state that I think you will understand my relationship to Mr. McNeilly bears a marked resemblance to your relationship with cold fish Harper our PM. LOL  Neither one pays any attention to duty and that makes them both liars. I despise Liars and thieves and tolerate neither. I believe I am a man of Character: the first requirement being a man of Honour with Honesty my most valued principle. Old school but Good school!

 All I ask is that you reply and advise me what can be done to remove the cancer and straighten this mess out.

My contact information is on the letterhead and I am always available for
e-mails or phone contact.

Best regards


____________
Blaine Barrett



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My Cover Letter to Director McNeilly


Director Gerry McNeilly                                            August 28, 2015
 Office of the Independent Police Review Director
655 Bay Street, 10th Floor
Toronto, ON  M7A 2T4

Dismissal Works Both Ways: My Justification for Yours Follows

Sir:

Over two years ago I lodged a complaint to you at the OIPRD but before I did I thoroughly checked your background and I was very impressed with the extent of legal knowledge that you must have acquired in all those years of service. Ever hear of CC219(1). Apparently not.

I submitted my complaint about Police criminal activity with the expectation that you would do what your mandate in office described as your primary function and duty: but you did not

  1. Thoroughly read my Complaint: but you didn’t.

  1. It was screened out by a subordinate and rejected on a false technicality and signed by her.

  1. I sent you an appeal that started with an expression of my anger. In my frustration I used a couple of words of profanity that you apparently took as a personal offence and refused my appeal out of spite for the insult

  1. You never bothered to thoroughly read the allegations I made and the supporting evidence I submitted or you never would have been stupid enough to reject my appeal for no reason as you did and request I never contact you again. That was an act of Criminal Negligence and Malfeasance of your Mandate.

You have no idea of the enormity of the crime as I see it as an intentional manifold Invasion of Privacy by the Police in search of information.

You have no idea of the damage you have done by betraying my trust and treating me as a “White Nigger” asking “Massa” for a favour, when I expect to be treated as a 73 year old Canadian due some respect. I don’t like being treated like excrement!
There has been harm done to many of the 4100 victims of the crime in the course of the past 3½ years and the following indictment is my attempt to hold you accountable for that.

Hoping this Denunciation shames the shit out of you!
Regards
Blaine Barrett



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My Denunciation of Gerry McNeilly



Dear Premier Wynne, Minister Naqvi and Minister Meilleur:

As I understand the division of power in the Province of Ontario, you three, as a collective, are responsible for the administration of Justice in the Province. I regret to inform you that there exists a core of legal rot within the OPP and Court system that has been kept from your purview and of which you are all totally ignorant.
.
I regret to have to inform you that within the Ministry of Community Safety and Correctional Services and the Ministry of the Attorney General there exists a criminal core of Ontario Provincial Police officers, of rank, who over the course of the past three and a half years have engaged in a cover-up of criminal activity that is still in progress.

You Ministers and the Senior Administration have been kept totally unaware of the critical nature of the rot at the bottom of the OPP/Justice barrel because of what for years has been an extremely effective shield and filter denying information of Cop Misconduct to the upper levels of authority and to the General Public.

Director Gerry McNeilly of the Office of the Independent Police Review is guilty of Malfeasance in Office.

He has the public trust that he ensures that all complaints of Police Misbehaviour be carefully considered and, if warranted, made subject to investigation by the Police and charges laid if the results warrant it.

He does not do so and the evidence to prove it follows.

The Ontario Constabulary is intentionally victimizing, for no reason, one of the poorest, disabled and ill equipped populations in Canada who have no means to defend themselves. It began as a stupid misdemeanour by a police force obsessed with gaining forbidden information.


Over the course of time this has come to include:

  1. Illegal seizure of Confidential Medical Patient files
  2. invasion of their privacy
  3. a decision to risk harm to the victims by refusing to release them,
  4. that constitutes Criminal Negligence! Sections 219.1 and Sec 221
 
Justification of Malfeasance Charge

3½ years ago my Medical file along with others was illegally removed from my Doctor’s office and has not been returned to me despite manifold requests to do so. 2 years ago I noted the failure to return the files was causing harm and as a consequence the Police were criminally negligent by not doing their duty and showing wanton and reckless disregard for the lives and safety of 4100 innocent victims.

June 20, 2013- Accordingly I wrote OIPRD Complaint #130005918 and submitted 5 pages of detailed information to justify my claims. 

Please see Appendix I following:

July 17, 2013- I received a Rejection that was not signed by the Director who I don’t believe ever saw much less read the Complaint. The advisory I received was not a consideration of the contents but simply a form stating:
The OIPRD is aware of your concerns. However, section 60(2) of the Police Services Act permits the Director not to deal with a complaint if the complaint is made more than six months after the facts on which it is based occurred. Taking all the information into consideration, the Director has decided not to deal with your complaint any further as it would not be in the public interest to do so.
It should be noted that police were acting under authority of a judicially authorized search warrant.

It was signed by
Carmen Lesperance
Case Management Department

Please see Appendix 2 following:

July 20, 2013- I sent an Appeal for Reconsideration to the Director directly and outlined the mistake made. I stressed the importance of the information and stressed the fact that the Negligence was still current and we were dealing with a Crime in Process.

Please see Appendix 3 following:

July 30, 2013- my Appeal was Rejected by the Director who once again didn’t bother to read either Complaint or Appeal for any detail or he wouldn’t have been as stupid as to send as dismissive a reply as he did:
·       2 lines to refuse to reconsider for no reason
·       2 lines of admonition about my lack of deference and language

Please see Appendix 4 following:

Ms. Lesperance advised in her initial rejection:

Please be advised that the Police Services Act, our governing legislation, does not provide for a review process from the classification and screening of complaints conducted by the OIPRD.

I was very pleased to note that “A copy of your complaint as well as our decision not to proceed has been forwarded to the Commissioner of the Ontario Provincial Police for their record.”

Too bad the Commissioner, like the Director apparently never reads his mail in detail or he would have shat himself.

It is now to you to decide how to handle Mr. McNeilly’s future in the sphere of Justice and Government. It should not be hard: All you have to do is read the four Appendices noting the mass of evidence reported to him and his failure to consider any of it. It doesn’t matter if he read them or not; make your own judgement as to his guilt. If he did not read them he failed in his duty and a crime slipped by the reach of his authority. If he did read them and did nothing he has intentionally covered up a crime-in-process and is party to it.

This was a formal complaint of a crime in detail and as Director it was his duty to read it and initiate some probe to determine its validity as grounds for an Investigation. I can understand his missing my initial complaint because of a clerical interception and rejection before he saw it. There is no justification for not reading the initial complaint and rejection when he read my appeal.

That to me is Malfeasance in Office. I cannot report it to the Director. He is the only one who can start an investigation of Police Misconduct to bring these Cops to Justice and punishment for their callous behaviour.

This cannot be allowed to continue and for the purpose of making it known to the Public for their protection I have distributed copies of this Indictment all over the place if for nothing else shaming the cretins and preventing them from continuing.

Before you continue to the Complaint for consideration you need to understand the context in which all this happened and why the frustration of Police with Government led to the vindictive persecution of a helpless minority.


When it Began and Why!

It all began about 2001 with the refusal of Health Canada to release the identities and locations of Licensees of the Medical Marijuana Access Program to the Police after the Regulations came into effect.


Every police force in Canada wanted and requested access to the Licensee files because they contained all the locations of every Licensed Marijuana Grow-op in Canada along with other valuable detail. They were all turned down because the information in the files was related to illness and was subject to Medical Confidentiality. Health Canada could not release it because they would be violating Patient Privacy.

The desire for information on growers festered and grew in the Police at a rate that accompanied the exponential growth in MMAR Licensing.

The fervour to bust Marijuana Grow ops cop mania of 2009 grew with the number of grow ops being licensed under the MMAR. Health Canada refused grower locations to the Police and there were thousands of legal grow ops. There were so many that it finally dawned on the Ontario Provincial Police that there was a duplication of the information they wanted in the filing cabinet of every Physician signing Applications and there were not that many to track.

Unfortunately Dr. Rob Kamermans of Coe Hill Ontario emerged as the Physician responsible for a mass signing of application Forms B1 or Form B2 for a License under the Medical Marihuana Access Regulations and became one of the targets of a Joint Task Force of police looking for drugs. They began to track Dr. K and by the end of 2010 he had signed more than 1000 application and was accelerating his output. Signing was not illegal and he was committing no crime and by mid 2011 he had a large pile of thousands of applications that all contained useful information and the Police could not go into those file without committing an Invasion of Privacy.

In 2011 some trivia hound in the force noted that an invasion of privacy is not a “Crime”. There was no punishment of serious consequence. Another devious twist and someone came to the conclusion they had to do was gain access to the Office and that required a warrant. They plotted and schemed and planned a raid on the office and carried it out. They raided the Office, arrested Dr. Kamermans, seized, removed, and examined all the files. By doing so they invaded the privacy of all 4100 with no probable cause to do so, of them on the basis of a single warrant for drugs and evidence of trafficking. They found none!


The Raid

On January 26, 2012 the office of Dr. Rob Kamermans in Coe Hill, Ontario was invaded by a combined force of OPP and RCMP. Dr. Kamermans was arrested, removed and his office searched. Under the direction of OPP Sergeant Marc Duval, the Medical Files of over 4100 patients (who had come to the doctor to get their Applications for Licensing under the Medical Marijuana Access Regulations  signed), were packed up, removed and have not as yet been returned. My file was included in that seizure and despite manifold requests has not been returned to me: That also holds for the other 4100 patient files! All my initial requests to Sgt. Duval were repeatedly ignored and my phone calls not returned. At this point someone of authority decided that the patient files would not be released regardless of consequences.


The Infliction of Harm

It is indisputable that one year after seizure of the files the patients to whom they belonged all suffered harm of one sort or the other.      

The majority of the files seized related to patients who had already received their Licenses to Possess or Grow their Medication, each with a validity of one year. All of them had expired by January 26, 2013. Every patient was deprived of the Medical Paperwork that enabled them to renew their license automatically. Without it they all had to undergo the difficulty and expense of a re-examination by a Doctor. From a profession now terrified by the treatment accorded Dr. Kamermans it was almost impossible to obtain a signature without a great deal of trouble, stress and expense and many patients just gave up on a License and a legal source of their Medication.

Note well: what they have been denied is medication that has been provided to alleviate pain and suffering and the aggravating symptoms of disease that could result in death. Through my associations I know of countless pains and problems inflicted on my peers not the least of which is the ability to legally grow and the mandatory prison sentence on conviction.

Every location of the grow premises and the expiry date of the License give the police an open book of probable cause to make a call re licensing as soon as the current one expires. Many growers could not find a Doctor to replace the paperwork for his renewal. Multiple invasions for recent license expiry: thousands of plants chopped for no reason except legality: Hundred of pounds of finished Medical Marijuana were confiscated and destroyed with no concern about depriving the patient or causing side effects. The totality of the harm caused by Cop indifference to the medical condition of their victims is incalculable at this point.

I will now leave you to read the Appendices and make your judgement but before I do I think I should make you aware of a potential financial liability that you will now face as a result of this indiscriminate invasion of privacy by the Police.

Ontario’s New Tort of Invasion of Privacy

This whole mess began because some cop realized that Invasion of Privacy in Ontario while illegal is not Crime and there were no serious consequences in 2011 when they decided to invade 4100 files, but times change and so does the Law. The perpetrators in this instance waited too long and were still in commission of the crime when it came into effect to the disgrace of the Force.
Unfortunately for Ontario an invasion of privacy is now an injury that is subject to reparations and compensation from the defendant.

This changed in 2012 with Jones v. Tsige, 2012 ONCA 32 and the ruling by Judge Sharpe that in his view it is appropriate for this court to confirm the existence of a right of action for intrusion upon seclusion. Recognition of such a cause of action would amount to an incremental step that is consistent with the role of this court to develop the common law in a manner consistent with the changing needs of society.

Plaintiffs need not prove any financial loss because of the defendant’s actions. Successful plaintiffs are entitled to “moral” damages, and Judge Sharpe fixed the upper end of the range for such awards at $20,000.
To establish the tort in Ontario, a plaintiff must show that the defendant’s conduct:
  • was intentional (including reckless conduct);
  • constitutes an invasion of the plaintiff’s private affairs or concerns without lawful justification; and
  • that a reasonable person would regard the invasion as highly offensive, causing distress, humiliation or anguish.
All 4100 owners of these files have all had their privacy invaded by the removal of the files and their current location in the custody of The Crown proves the extent of their injury by 3½ years of negligence. I am one of these qualified individuals and while the judge put limits on the penalty awarded: that applies if no harm is done to the victim. I believe he would be open to the consideration of aggravating factors such as the recurrence of symptoms their return, aggravation and rejection given the difficulty in finding a doctor to sign after the deterrent to signing effect of Dr. Kamermans punitive treatment by the College of Physicians and Surgeons of Ontario, the escalation of cost having to obtain from the street instead of legally from suppliers at even more expense: Fear of arrest for possession of your medication without a license and the threat of mandatory sentencing are not comfortable when you are out in public.

Since I am first in line and it has never been done before, I feel that you three are high enough on the totem pole to request advice on how to obtain the do-it-yourself procedures to file a suit, where to obtain the forms and advice on where and how to submit them when completed. A simple How-To manual would be of great assistance to Citizen Advocates because considering the monetary condition these victims are in there is no way that they can even pay for legal advice or help and they need all the help I can get them.

Farewell

I will now leave you to your consideration of the evidence presented in the Four Appendices following and look forward to your acknowledgement and response to the question “ Is there any way to punish the perpetrators of this atrocious act or will they all just walk back to their Squad Car?”

In anticipation of a prompt reply
Best Regards


_____________
Blaine L. Barrett                                  Phone: 604-585-0236
TheSmeeGoanGuy                              E-Mail: the smeegoanguy@gmail.com
 #255, 10202-149St
Surrey BC V3R 3Z8






Appendices

Appendix #1

Office of the Independent Police Review Director                  June 20, 2013
655 Bay Street, 10th Floor
Toronto, Ontario
M7A 2T4

Attn: Complaints

Dear Director:

First I must inform you I am submitting this Complaint to you under protest.
I don’t think you have the capacity to achieve the result I want in the time frame I have left in this life. I am commanded to submit the Complaint to you and I don’t understand why I have to submit to an investigation of the Police by the Police. I am lodging a complaint that Section 219 of the Criminal Code of Canada was intentionally ignored and violated by the whole bloody chain of command of the Ontario Provincial Police. No-one is exempt and that includes the Chief of Police/Commissioner of the OPP. He’s letting these criminals run wild. I would prefer a different police force if possible?

I don’t understand you, as a Provincial official, deciding matters of Federal Law. I have read your website thoroughly and by submitting this to your authority I am compelled to accept your decision as to the guilt or innocence based on an investigation of a brother by his Blue Brotherhood. The only other option is to withdraw the Complaint and walk away. I would like clarification of three phases of your advice regarding

How will the OIPRD handle my review?
.
  1. The OIPRD will also contact the police to tell them you have requested a review and give them a copy of the form. We will ask the police to send us all the information they have on your complaint.
  • What time frame are we looking at? What is the maximum time they can take to respond and provide their documentation?

  1. Once we have received your file from the police, we will assess your case and make a decision about it.
  • How long will that take?

  1. If we agree you, the OIPRD will give instructions to the Chief of Police/Commissioner of the OPP about your complaint. The police must follow these instructions. We will tell you about our decision and what happens next.
  • What if I disagree with your proposed instructions to Chief of Police/Commissioner of the OPP? Do I have any input or control as to how the investigation should be conducted?

In anticipation of your acknowledgement of Receipt of my complaint:
Best regards


___________
Blaine Barrett

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OIPRD Complaint #130005918

My name is Blaine Barrett
I live at 255, 10202-149St., Surrey, BC V3R 3Z8
SIN: 606-283-653
I have a Health Canada License to obtain and possess cannabis
Phn: 604-585-0236

I have been the victim of Criminal Negligence by Sergeant Mark Duval of the Ontario Provincial Police and his superiors at the Central Hastings Detachment in Madoc, Ont. I am accompanied by 4100 others as a consequence of the arrest of Dr.Rob Kamermans, the seizure of his Medical Files and the refusal and failure –of the Police to return them to their owners

On January 26, 2012 Sergeant Duval and a force of combined OPP and RCMP officers entered the office of Dr. Rob Kamermans at 2230 Hwy 620, Cob Hill, On  K0L 1P0: arrested him and served him with a search warrant for his office. They were accompanied by Swat Team members armed with assault rifles who immediately secured the area to prevent any terrorist attack and announced their arrival with a parade of cop cars, flashing lights and sirens that no one within sight or hearing could avoid noticing: The objective- Guaranteed headlines.

Dr’ Kamermans and his wife were alone in the office at the time of the invasion. They were arrested, handcuffed, forced to pose in front of a cop car for pictures of their arrest. Sergeant Duval and cohorts proceeded to ransack the office in a search for evidence of some unknown crime. In this process, Sergeant Duval seized and removed 4100+ medical records for inspection of their contents. He knew they were of vital importance to their owners, full of secret information he wanted but could not access and covered by Medical Confidentiality: so did all his superiors.  

I do not believe that access to the contents of 4000 file can be justified by one single search warrant for a Doctor’s office. The Official Policies of both the Canadian Medical Association and the College of Physicians and Surgeons of Ontario state that the contents of any medical file in the custody of a Doctor can only be revealed to medical professional necessary for treatment. Any outside third party access must be authorized by a warrant for that file. Every file was entitled to secrecy and a warrant. If this was an intentional illegal breach of privacy by the police it was an illegal act repeated every time they stuck their noses into a file. And on and on.

None of that matters to me because I’ve tried to find out for over a year if it was legal and failed. No one will answer at any level of responsibility. I have therefore lodged an FOI Request for both the Warrant and the Information to Obtain

It does not matter whether file secrecy was illegally breached or not, what makes me a victim and entitled to recourse and justice is that Sergeant Mark Duval failed to return files with the utmost speed to the patients to whom they belonged. Every person in the chain of command knew that the failure to return these documents to their rightful owners was to cause great hardship and inconvenience.

I am one of the patients who had their applications seized. There is no record of my application because it wasn’t yet in the files and the OPP won’t admit they have it in their possession. It was waiting for me to get back to them with a replacement cheque. He had not yet signed my application and all my documentation was in the Hold file. I submitted my application in Mid-January and got the call a week later but hadn’t sent a replacement cheque yet because there was no rush. I was outraged by the seizure, inspection and refusal to return the medical files. It was a outrageous invasion of privacy but I couldn’t complain. My file had not yet been formally entered as a Medical File in his records and not yet subject to Medical Confidentiality as private. It was just laying there, wide open.
It was only two weeks ago that I became aware of Criminal Code Section 219 and its applicability to police officers in the discharge of their duty
Criminal Code - Criminal negligence
·         219. (1) Every one is criminally negligent who
o        (a) in doing anything, or
o        (b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons. 
  
Sergeant Mark Duval, The Central Hastings Detachment supervisor and everyone in the OPP chain of command right up to Queens Park and on up to the Prime Minister was aware of the arrest and that 4000+ Medical files had been seized and held as evidence , It was front page news and a subject of controversy and discussion at the time of the seizure. It is common and accepted knowledge that Medical Files are not only private but also of critical importance in the treatment of the patient should there be any change in his condition. In times of emergency these are the only source of any medical knowledge of the patient’s condition prior to the current trauma.

Sergeant Duval and everyone in his chain of command knew that there would be serious consequences to the patients who owned them if the files were not promptly returned and there was an emergency. That is simply common sense and a fact. There is no excuse of ignorance on the part of the whole chain that this was a flagrant violation of Criminal Code Section 219 that law enforcement should do no harm. 

They were fully aware that they would intentionally be creating the risk of great harm in an emergency. What is more contemptible is that this was in search of information that was beyond their legal reach in the top secret files of Health Canada at the Medical Marihuana Access Division. The identities, locations, class of grow-op, capability and size, the most importantly the expiry date of every one of 4000+ Medical Marijuana The last date of issue was before New Years 2012 so every one of them has now expired.

Sergeant Duval is still holding these files and has not returned them, and not one of the superiors above him countermanded his action and ordered their return before anyone suffered any harm from their inaccessibility. What is most contemptible is that all them also was aware that all licenses had a one year expiry and to not return them and deny access to all the extremely valuable medical documentation they contained was an intentional obstruction of the renewal of every Medical Marijuana license.

The resultant harm can now be tallied up and it is time the cops were stopped from arresting and charging medical marijuana grow ops and possessors when their crime was the direct result of the arresting cops preventing their renewal. It’s a premeditated entrapment.
There have been many more serious cases of patients who have been harmed by lack of access to their medication and I have heard of one death before information requested was forthcoming after great efforts to get its release. A great number of symptom recurrences and physical agony resulting from the inability to grow and maintain an adequate supply of what should have been their legal medication supply.

I think the failure to recognize the consequences of their action was intentional and criminally negligent. Sergeant Duval was aware of the consequences of his actions and simply ignored the damage he was causing. To me this is a wanton and reckless disregard for the lives or safety of others and a violation of Criminal Code Section 219. The chain of command was aware of and ignored his actions and did not order him to cease and desist immediately. They were aware of the damage being done and by failing to correct their subordinate similarly showed a wanton and reckless disregard for the lives or safety of others and are guilty of a similar violation of the Criminal Code. 

That is my complaint. I am a victim, I have been damaged and I have a lot of company who are as angry as I.
Blaine Barrett
N.B.
This is not an isolated instance of the intentional disregard of Section 219. It has become common practice for and increasing number of police actions across Canada. As just one of two examples I know of a licensed designated grower whose license expired because of the callous disregard shown in my case. It may be hearsay but it appeared in Facebook. It was a large facility handling two grows for patients with authorization for large quantities of edible cannabis. The grower was arrested, his crop chopped, all cannabis seized, all grow equipment worth thousands destroyed or confiscated. They were fully aware that the two licenses to grow were large and destined for patients with symptoms severe enough to warrant the size of the licenses: and that the cannabis that they destroyed was a legal medication and to confiscate it was to initiate the recurrence of pain, nausea, and manifold other symptoms.

There have been multiple similar instances of smaller personal and designated grow ops being shut down because of the intentional obstruction of their license renewals.
In a similar vein, the police disregard for the necessity of dispensaries and their arbitrary closure causes great harm and inconvenience to every one of their customers. They don’t sell to the street, they sell to licensed customers and their closure has the same effect as chopping down a legal designed grow op.
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Appendix #2


OIPRD Complaint #130005918 Rejection             July 17, 2013

Sent Via Email: thesmeepoanguygmail.com

Dear Mr. Barrett:
Re: Public Complaint - Ontario Provincial Police

OIPRD Complaint Number— 130005918

The Office of the Independent Police Review Director (OIPRD) has carefully reviewed your complaint about the alleged conduct of Sergeant Mark Duval and Sergeant Rob Henderson of the Ontario Provincial Police.

The OIPRD is aware of your concerns. However, section 60(2) of the Police Services Act permits the Director not to deal with a complaint if the complaint is made more than six months after the facts on which it is based occurred. Taking all the information into consideration, the Director has decided not to deal with your complaint any further as it would not be in the public interest to do so.
It should be noted that police were acting under authority of a judicially authorized search warrant.

Please be advised that the Police Services Act, our governing legislation, does not provide for a review process from the classification and screening of complaints conducted by the OIPRD.

A copy of your complaint as well as our decision not to proceed has been forwarded to the Commissioner of the Ontario Provincial Police for their record.
To find out more about our screening process and the Police Services Act, please visit our website at www.oirpd.on.ca.
Yours truly,
Carmen Lesperance
Carmen Lesperance
Case Management Department
Local: 416-246-7071 Ext. 1204
Toll-free: 1-877-411-4773 Ext. 1204


Appendix #3

OIPRD Complaint #130005918
Appeal of Decision to Reject                  July 20, 2013
From: TheSmeeGoanGuy Blaine Barrett [mailto:thesmeegoanguy@gmail.com]

Subject: OIPRD Complaint #130005918
Office of the Independent Police Review Director
655 Bay Street, 10th Floor,
Toronto, ON   M7A 2T4
Attn: Mr. Gerry McNeilly, Director
Ref: OIPRD Complaint #130005918
Dear Mr. McNeilly:
I have a problem. Two days ago I received a reply to my complaint from your office. A Ms. Carmen Lesperance of the Case Management Department advised me that section 60(2) of the Police Services Act permits you to not deal with a complaint if it is beyond some ridiculous six months statute of limitations.

I am further advised that you have decided not to deal with my complaint because it is not in the public interest.
Bullshit!  

I doubt very much that you have even seen my complaint. It got scanned by Case Management who jumped on the date and disposed of the problem with great dispatch using the prime loophole for work avoidance. If I sound pissed off and disillusioned I am. I take the time to file a formal complaint`, I get a rubber stamp refusal, effectively get told to fuck off and there is no appeal. If that is your decision then I want a refusal to accept my complaint signed by you.

Before you send that confirmation of your decision please read the goddamned complaint and notice that the reason for the charge of Criminal Negligence against Sergeant Mark Duval is that he did not do his duty refused to return valuable personal private files to their owners causing great harm to many of them.. Please note that he is still doing so and there is still another six months to go before the statute of limitations applies to the crime he is committing today! He’s violating Criminal Code Section 219- Criminal Negligence by not doing his legal duties and returning the files.
There is no longer any reason to hold them. 

He has already successfully sabotaged the renewal of every license by denying access to all the documentation required for its renewal. 4100 patients had to go and get Brand new medical certification of their diagnosis and suitability for renewal because a fucking totally despicable asshole refused to return them. The harm he caused was not neglect it was intentional vindictive damage to people who can’t fight back.

You state they had a search warrant and they did, but I cannot conceive how one search warrant can provide grounds or probable cause for the invasion of privacy of 4100 Medically Confidential files secure from third party access without a warrant for each file.

By accessing these files they illegally obtained the identities, locations and most importantly, expiry dates for every personal and designated grow op license. This permitted them to set a target date for a raid to determine whether the problems with renewal, caused by their withholding essential documentation, had produced the crop of unlicensed grow-ops they could destroy and charge the grower.

This matter needs attending to right bloody now but if you can’t be bothered to help protect the rights of these 4100 innocent victims you are effectively sanctioning police brutality and that is not in the public interest.

I have no idea what to expect in return to this request for reconsideration and certification of your decision. I’m not optimistic anything will be accomplished in the foreseeable future even if you launched a full scale witch hunt. It’s only taken thirteen years to get the first cop charged with G20 offenses to come to court to get dismissed, why should I expect different here?

One thing you could do without a great deal of difficulty is call the OPP command and ask them if they could request Sergeant Duval’s approval and ask if he would arrange for the prompt return of the files. He’ll probably tell them to “Fuck Off!” like he tells the rightful owners of these files but it are worth the effort. Please do so! Please advise if there is any way to take these bastards to task.

An extremely disillusioned victim
Blaine Barrett

Appendix #4

OIPRD Complaint #130005918     July 20, 2013
The Director’s Denial of my Appeal

Sent Vía Email: thesmeeqoanquv@qmai|.com

Mr. Blaine Barrett

255-10202- 149 Street

Surrey, BC VSR 328

Dear Mr. Barrett:

Re: Public Complaint- Ontario Provincial Police

OIPRD Complaint Number- 130005918

Your email correspondence of July 20, 2013 has been reviewed and does not alter the outcome of my decision sent to you by email dated July 17, 2013.

I must advise that the contents of your letter are somewhat concerning given the language and comments.

Further correspondence of this nature will not be responded to.

Yours truly,
Gerry McNeilly
Gerry McNeilly
Independent Police Review Director

<><><><><><><>
Conclusion

That is the end of my submission and I can verify my action with Track Numbers from Canada Post. 


My Expressposts to the primary four were all delivered today
 My complaint does not stop here. I am also sending notification of the problem to all remaining 104 Members of the Ontario Provincial Parliament as well as 32 National News Sources- Television and Print. No kissy for them either


Copies of those notifications will form the balance of my next post.
 

Blaine Barrett