Opening comments: More at the end.
Click here for the full list of letters, events and other details about the complaints and how the City is mishandling them.
After all, having the proof that the City of Mississauga's security edited and destroyed evidence in a criminal case is very special, indeed!
Now posting the E-mails of City security & their (as I call it), lie speak. They claim to have supplied all the video but they did not but that is their story and they are not letting the facts get in the way of what they say. It is so interesting how they keep using the "the official story", writing history as they want it to be recalled, even when it is false! Remember - admit nothing - deny everything - stick to your story no matter what (better they think you are crazy, a fool or brain dead then guilty), and make counter accusations!
Mississauga City hall
ATTN: Mary Ellan Bench, City Solicitor.
300 City Centre Drive, Mississauga, Ontario L5B 3C1
RE: Regarding the conduct of City of Mississauga staff and your duty as a lawyer.
Dear Madam: June 4, 2008
As a member of the bar, a member of the Upper Canadian Law Society and as an agent of the courts you have a duty to inform your client when ever you become aware there could be an activity that is unlawful or questionable, to prevent it in the future and duty bound to report past events to the proper authorities. If you are to make an interpretation of my requests or staffs actions, you must error on the side of caution to best protect our Democracy, sever your client and justice. Being a lawyer for a Canadian City is not the same as being the lawyer for an individual. You must protect the Corporation of the City of Mississauga as a whole. Your client is also not a single person in the Corporation of the City of Mississauga and the public is a stake holder with an interest in the Corporation of the City of Mississauga as well, with the promise of good government. The best way to protect your client is to make sure that the staff of the Corporation of the City of Mississauga are reminded of the law and how to obey it - such that even the appearance of non-compliance can be avoided. Otherwise, if you are not condemning certain activities then it can be said your silence is condoning / promoting arguable improper, amoral, unethical and even unlawful actions - allowing them to happen in the future. A change in practices is needed.
This letter is to address what is best described as very serious threats to Mississaugans Democratic, personal & financial safety, legal and Charter rights - action needs to be taken now. A number of complaints have been filed with the City and City Council has decided to deal with the matter that you tried to dismiss in your Dec. 21, 2007 letter. However, it is not reasonable to wait till the fall, (as it has been suggested), as matters regarding public safety and security are at issue. These risks are to members of the public, which effect any one coming into contact with City staff, City politicians, especially those dealing with City security - willingly or not. The danger to the public / taxpayers is such it would be negligent not to take action now, on certain items, to eliminate the unacceptable or even the unlawful manner in which staff conducts its business.
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The following is a list of items that need your review and action taken. Remember that this resulted from the criminal case against me that the Crown had so little faith in City security’s claims that it withdrew all the charges and efforts at a Peace Bond failed. That the case was based entirely on claims by City security and the evidence they presented / controlled.
A). On Mar. 26, City Council appeared most interested in the issue of City security editing and destroying evidence that the Peel police requested was an issue in my complaints that you tried to dismiss. Correct me if I am wrong, but City security are not the judges of what will be allowed in a Court case or to used by the Peel police or the Defence in a criminal case. It is not their role to edit video or other records but to supply what the Peel police or Defence request. Therefore: City security need to be informed never to edit or destroy any video evidence or other evidence that is in any way connected to a criminal matter.
B). City security never informed me that it only retains its videos for 5 days, then tapes over them - this resulted in tapes being destroyed before a request could be made for them. Therefore: City security need to be informed to inform everyone who has a dispute with the City, criminal, banning, etc., that they have 5 days to request video tapes or they will be destroyed and provide a reasonable means to grant access to the tapes or put them on hold.
C). I was not fully informed as to the options of appeal that the City has for persons banned from its property, after being banned. Therefore: City security need to be informed to inform everyone who has a dispute with the City, criminal, banning, etc., in writing, exactly why they are banned and what they can do about it.
D). I made requests for copies of the banning notice from the City, that were not delivered to me after being released from prison but the City did not supply a replacement copy. Therefore: City security need to be informed to respond to such a reasonable request ASAP to ensure any member of the public as all the correct documents to work with in their defence.
E). In general, a number of letters / faxes were sent to City security asking for necessary records / evidence for the noted Court case but City security did not respond. This shows a clear bias and prejudice against the poor and self represented persons before the Courts. This can also be seen as a form of political bias and prejudice. It is a well known fact that justice delayed, is justice denied, the same holds true to means to defend one’s self. This is doubly important as taxpayers are watching how politically active persons and community representatives are suffering political persecution in Canadian Courts because the City edits and destroys the evidence needed for a fair and just trial. The public needs to see no wrong doing or abuse of power by City security, especially towards those who politically opposed the Mayor or been known to question City hall plans in general. Therefore: City security need to be informed to fully respond to all letters and requests, ASAP, in the noted circumstances and provide all avenues to get the need records / evidence for a fair trial and judgement.
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F). In your July 28, 2006, letter you go on the record as stating my effort for necessary records / evidence for the noted Court case was really an effort to get around some IPC rulings. Under the circumstances that is an absurd claim and you go on to state - “Your counsel may contact me to discuss any such requirements.” Clearly, a bias and prejudice against the poor and self represented persons before the Courts, that can also be seen as a form of political bias and prejudice. Therefore: You - Mary Ellan Bench, City Solicitor - must change this practice and freely deal with the poor and self represented persons before the Courts to ensure justice and not unjust convictions that would benefit the City (and its politicians).
G). In your letter dated Dec. 21, 2007, in which you tried to dismiss my complaints, you did not say that you are not an impartial or unbias judge of the public’s complaints. This is misleading to members of public. Nor did you say how a person unsatisfied with your (a City lawyers letter), can seek a fair and unbias judge of the complaints either in the City or other levels of government. Therefore: You - Mary Ellan Bench, City Solicitor - must change this practice and fully & honestly inform those who’s complaints you would respond to or suppose to judge, that you are not an unbias judge - that you serve your client’s (the City), interests first. Where they can take their complaint if they do not find your response satisfactory.
H). There are serious questions regarding the properly training of City security staff as to the Municipal Act and City’s own By-laws on how Council meeting are held / governed, so our Democratic rights will not be lost to some eager beaver trying to impress members of Council by removing someone who questions them but otherwise is playing by the rules. Therefore: City security need to be informed to ensure all members of its force know full well the rules of how City Council holds it meetings and that it is up to the Elected officials to decide who is out of order. That the public has similar rights of access to all City buildings and property. Not to be order off City property or out of City buildings or banned from either or both of the former, as the preferred method to deal with most situations.
I). Recently, a City security guard has accosted me claiming there is a rule prohibiting the taking of flash pictures in Council. Therefore: City security need to be informed to confirm if there is or is not such a rule prohibiting flash photograph in Council chamber, then fully inform me as to these details. If not, inform City security to cease & desist from trying to create a confrontation by ordering me around for taking flash pictures in Council.I have requested that you clarify your Dec. 21, 2007, letter for better understanding and you have not done so - it is again requested.
Given the importance of this matter, I will expect a reply to this letter by June 25 or will consider that there will be no meaningful action to have taken place. If that be the case, then other appropriate action will be considered.
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Please be sure to use my full first name on all correspondence and addressing envelopes, as there is another D. Barber at this address. I am willing to discuss my letter with you. My phone number is (905) ***-**** & e-mail watcher0I0@eol.ca.
Sincerely yours - Mr. Donald Barber, President, FCB & Chair, CRRA.
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