Wednesday, July 04, 2007

Moderated comments

While I like to let anyone have their say with comments, I have had to remove the commments from my most recent post on the nullification of charges against Calgary Cst. Taufiq Shah. There are a number of reasons, but chief among them is that posted comments need to remain within the laws of Canada. This includes libel and other aspects of priviledge.

Please guide youselves accordingly folks. I want to be able to offer the ability to post unmoderated comments, but I simply cannot when someone says something that crosses the line. I hope you all understand.
Thank you for your cooperation.
Leo Knight

14 comments:

Lawrence A. Oshanek said...

Chief Jack Beeton is still on the job because the Calgary Police Commission has not removed him from his job. Makes you wonder about the relationship of the chief to the commission and why the executive director of the commission still has her job!

Being mindful of the caution not to publish a libel I have reason to believe that both the chief and the exec director of the Calgary Police Commission should be sent packing by Calgary.

Lawrence A. Oshanek

Anonymous said...

What is unclear to me is this: If the presiding officer in his findings released that the Chief and the Commission broke the law in granting auto extensions on laying of Police Act charges -- why apparently has that not been addressed? What are the ramifications of this? What is the redress?

The last three years has certainly, to my mind, substantiated both of the websites. Their own collective and aggregate behaviours speak volumes more than the bits and pieces that were initally put out on the internet that started this whole thing.

Can someone explain to me what happens next?

Thanks.

Anonymous said...

TO ABOVE:

"What are the ramifications of this? What is the redress?"

"Can someone explain to me what happens next?"

The ramifications, redress and "what happens next" will probably be the most interesting (and some would say the best, funniest and/or most entertaining) part of this whole saga.

Right now, I'm sure that there are a lot of people in the Andrew Davidson Building (Police HQ) who are dazed and confused since Supt. Logar's judgment against Captain Jack and his willing syncophants. They are also cursing the ground that Logar walks upon, and seething with absolute rage that the 'old boys club' actually LOST. This was a very unexpected result. Usually, CPS internal tribunals are little more than a kangaroo court, where the officer basically comes in to take his pre-determined pounding.

HOWEVER - what has happened in this case is that Chief Beaton's plans to exterminate the annoying little internet whistleblower, didn't really go according to plan. In fact, because a third party adjudicator got selected for this (perhaps done under the auspices of "we have to make this look like a fair trial so the final conviction doesn't get overturned by a civil court/LERB; and since Taufiq can't really get one with a CPS manager running the show, who might of been one of the guys screaming 'defamation', we need to get a guy from outside the organization"), certain things could be more objectively looked at. Things such as, oh, say...Police Commission rubber-stamping of CPS internal processes, time extensions given without valid reason, conflict of interest, Charter of Rights violations, etc. - those kinds of things.

This worked to Shah's advantage, as the usual CPS politics didn't necessarily come into play. Shah's lawyer was actually able to get certain defense evidence on the table that would have normally been squashed or ignored by a CPS inspector acting under Beaton's direction. In short, Jack Beaton lost control of the process; especially after Shah's lawyer and media lawyers were able to get a Queen's Bench Judge to overturn Jack's "closed" hearing directive.

Once things became public and objective, the only right decision for a truly impartial adjuducator to make was to dismiss the charges. This was NOT part of the CPS extermination plan for Taufiq Shah. Their own arrogance became their undoing in the end.

Now for the fun part!

This defeat will now have some potentially serious ramifications for CPS. Taufiq Shah has been victimized by the organization since 2002-2003. He already has an active lawsuit against several CPS members for the racist taunts, assaults, intimidations and workplace harrassment, which he and his family have suffered; and that CPS refused to address at the time. Shah also has whistleblower legislation/protection on his side that may overule the Police Act.

With the way in which the CPS "investigation" on Shah was conducted, and the certain "laws" which appear to have been broken by CPS and the Police Commission - and the fact that the Police Commission seems to have failed to have done its job as a civilian oversight body over the Chief- I'd say Shah might have damn good grounds for an addendum lawsuit against the Chief, other specific CPS members and the Police Commission (as well as agents acting on their behalf). I think the terms "ABUSE OF PROCESS" , "MALICIOUS PROSECUTION" and perhaps even "DEFAMATION" could apply here. Plus, the fact that Shah's original concerns from 2003-2004 were never really dealt with properly by either CPS or the Commission, I'd also say that Shah could end up with a serious QB cash prize out of this mess.

This is what happens when 'good ol' boys' in positions of power in organizations try to cover-up, white wash problems and protect other 'good ol' boys' who have screwed up in major ways. Had Jack Beaton done his job back in 2003 and PROPERLY dealt with some of the "good ol' boys" who tormented Taufiq in 3 District - and did something to protect Cst. Shah from some of his out-of-control colleagues afterwards - this never would have become the bloody legal battlefield that it is now.

The sad part is, that the taxpayers of Calgary are paying the bill for this! Think of the hundreds of thousands of dollars (perhaps millions?) that Beaton has probably spent fighting Cst. Shah since 2003.

Bennett/Jones lawyers do not come cheap! Think of the retainer fees, litigation fees, hourly rates that have been spent by Beaton dealing with Human Rights investigations, civil actions, internal investigations, Queens Bench hearings and paying for Supt. Logar to come from Edmonton to conduct the trial. The whole Anton Pillar action/investigation in 2004-2005, from start to finish, is said to have cost over a hundred grand (this is what came out in QB Court a few months ago). The Private Investigator (whom they are still trying to hide and conceal from the known universe) would have also gotten a share of taxpayers' dollars, too.

Jack Beaton spent a ton of money that wasn't his, throughout this drawn-out process. Because of Jack Beaton's apparent inabilities to follow the CPS core values, and the Calgary Police Commission's inability to reign Captain Jack in, it looks like the taxpayers of Calgary are going to be potentially on the hook for millions of dollars in liability. This money could have been better spent recruiting and training new police officers -which are desperately needed in Calgary right now.

The Commission knew , or ought to have known, that the way in which Cst. Shah and family were treated by the CPS, in past and present, WAS WRONG, WRONG, WRONG! Jack Beaton's reactions to the websites were also WRONG, WRONG, WRONG! The recent events in QB and in Shah's internal hearing -and the exposure of apparent malfeasance on the part of the Commission -appear to have corroborated some of the material and stories presented on the Stand Firm and Code200 websites in question.

There is no doubt that the Chief and his tax-dollar funded legal team will ask for a type of appeal known as a "judicial review". This action, however, will be nothing more than a further waste of money, and will amount to little more than time-stalling. The judgment by Logar seems to be well based in both statutory and case law; and should be able to face any type of judicial test. Remember - Logar is an ACTUAL TRAINED LAWYER who runs these hearings for a living.

Bennett/Jones chances of getting Logar's decision reversed or quashed have about as much chance of success as would the survival of a pizza at a weight-watcher's meeting! And a QB Appeal Court judgment against CPS would have the effect of setting case-precedent for all future Police Act processes throughout Alberta. It would also bring into review the Act itself - as well as all other case hearings conducted by CPS since 2003. It may also bring into question the actions of Bennett/Jones lawyers as well.

So, needless to say, Both CPS and CPC have screwed up big - and they're probably going to pay for it. Well, actually, it is the taxpayer that is going to pay.

If Jack Beaton wanted to cement a legacy of his leadership as Chief, I'd say he's sure got one now!


Signed,

A Worried Taxpayer

Anonymous said...

Thank you for that articulate, succinct and humorous response. My coffee was more palatable this morning reading it!

When does the Solicitor General become in involved? Will Burrows and King, because you know those rats were knee deep in the decision making here, be held accountable and will this affect their standing in council? When does Wilms go? There isn't a rocket train fast enough to speed him away from civic decision making.

Why has the press coverage on such an important ruling been notably absent? Yes, they did the preliminary reporting of the ruling but where is the coverage asking the hard questions?

What specifically can Beaton and the Commission be charged with?

Will a forthcoming letter be sent from CPS to all of those officers on charges from 2003 and caught in the granting of the illegal extentions advising them that their rights were violated and the management of their case files must be revisited and/or dismissed as a result?

This is an election year and it's time Burrows and King were held accountible for their poor decision making skills. Where's the press?

Anonymous said...

2 questions come to mind.

1) Why is the media so silent on this issue?

2) Why are the officers being so silent? is it that bad that they fear speaking out?

Anonymous said...

I have the same questions and frankly I don't get it. CPS and the Commission BROKE the law and are apparently indemnified against their decision making. Ironically it speaks to the core of their job function. Where the hell is the Sol Gen in all of this?

I am so disillusioned mere words cannot express. This is a MAJOR issue and speaks to the genesis of the websites and the ongoing complaints. It helps solidify part of what Members have to deal with day in and day out. They are held to a higher standard yet those above them apparently have cart blanche.

Why bother having a commission, core values, policies or even laws? Transparency is dead, perceived administrative corruption acceptable. What's the point?

Our tax dollars hard at work as usual. It's abysmal. It's an election year -- vote with your conscience.

Anonymous said...

I have been reading this post with interest as it mirrors some of the BS going on in the RCMP right re Pension and Zaccardelli, etc.

As a member of the RCMP I can understand fellow Mounties being silent due to no union and the occasional 'transfer' to a LDP.

However with the CPS I believe they do have a union. If so what is their stance? What actions have they taken to bring this to a conclusion? As with the earlier comment re the media being silent it would seem the CPS union is silent as well.

Can anyone provide an update on that?

Anonymous said...

Excellent point. Koenig came out and gave a small soundbite and then went back into the shadows. How are these members not screaming bloody murder? How is the union not spearheading a movement to clean up the mess? How is the media not covering such an important mainstream story? Where's the Mayor? Where's Ric McIver, reputed to be the newly placed integrity of the commission? Where's the Sol Gen?

Does anybody even care about our police? Makes me wonder.

People shouldn't be running to Calgary, they should be running from it.

Anonymous said...

The CPA has been mute, see none of these matters affect friends of the President so he has no interest.

Anonymous said...

So the mayor is too busy to deal with these matters because he's opposing " We support the Troops" magnets on emergency vehicles.

The man is watering the garden while the house burns down.

Anonymous said...

I posted the question re an update on the CPS union and why the were silent.

Thanks to those who answered in following posts.

From those posts and from this whole topic, I believe the root of the problem can be summed up in one word: POLITICS.

Firstly lets look at the word itself. POLY comes from the Latin meaning 'many' and 'tics' are 'tiny blood sucking creatures'

Very apt. Consider:

a) BEATON is pissed that a CPS member aired dirty laundry on a website thus hurting him politically with the mayor, police board, etc. His subsequent actions have sucked the morale and probably alot of finances out of the CPS. Yet the very fact that he has not been removed despite all this strongly indicates some strong and deep politicking behind closed doors with the Mayor etc.

b) Ditto for KOENIG. He leads the union and is supposed to hold management's feet to the fire BUT knows he can't rock the boat to much or suffer the political consequences re future promotions. However I bet he freely enjoys the perks that come with being union president (if there any).

c)As for the Calgary mayor, nothing new there as showing backbone and taking a firm stance is political quicksand. He supports the police and runs the risk of pissing of left wing voters. He doesn't support the police and runs the risk of pissing of right wing voters. The answer? Occupy his time with a non issue (Support the Troops decals on emergency vehicles) to give 'plausible deny ability'.

I was going to mention the media but they are not worth the time nor energy. I will say people are better off reading the National Enquirer as it is just as accurate as Canadian media.

I honestly believe that police in Canada are politically expedient. They love us when they need us and love to hate us as its convenient.

In closing, to all the members busting their assess day and night to get the job done: Stay safe.

To all the carpet cops: What are you doing up so late??

Anonymous said...

I am curious to see what others (non-RCMP members) think of the appointment of a non-RCMP individual as the new Commissioner. Mr. Elliott has a substantial political pedigree and in light of the several recent, shall we say 'less that complimentary' headline stories around the management (or lack thereof) to be found within the very senior RCMP ranks right now, it would seem that this break from tradition could be very telling in the short term....Any comments??

Anonymous said...

Can we stay on topic here?

Rumour has it that there has been a short list completed for the CPS Chiefs job, 4 internal candidates and 1 external...from T.O. the T.O. candidate looks very good.

But apparently the Calgary Police Commission does'nt get it, 1 of the short listed candidates has a grade 10 education as well several well known skeletons and a nasty habit of walking around the locker room naked.........to each their own I guess...

Another candidate who apparently made the short list is very well politically conected , but presents another branch of the "Old Boy Tree".

Hopefully the Commission will do the right thing in the interest of the serving members for a change, and maybe we as taxpayers will stop paying to be a training ground for other services where members are treated with respect and dignity.

Anonymous said...

Dream on . . .