Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Two

This is a continuation of a previous post.

It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental organizations assume that you are guilty first and that you have to prove your innocence; otherwise, you suffer negative consequences.

An example is the requirements that the Ontario College of Teachers imposed on me in order for me to qualify as a teacher in the province of Ontario after I moved from the province of Manitoba. To qualify as a teacher in Ontario, you must gain the approval of the Ontario College of Teachers (OCT). The OCT website explains what this organization does:

ABOUT THE COLLEGE

The Ontario College of Teachers licenses, governs and regulates the Ontario teaching profession in the public interest.

Teachers who work in publicly funded schools in Ontario must be certified to teach in the province and be members of the College.

The College:

  • sets ethical standards and standards of practice
  • issues teaching certificates and may suspend or revoke them
  • accredits teacher education programs and courses
  • investigates and hears complaints about members

The College is accountable to the public for how it carries out its responsibilities.

You can find the qualifications, credentials and current status of every College member at Find a Teacher.

The College is governed by a 37-member Council.

  • 23 members of the College are elected by their peers
  • 14 members are appointed by the provincial government.

To qualify as a teacher in Ontario, among other things, you have to answer a questionnaire. On the questionnaire, there are questions concerning arrest–and since I was arrested by the RCMP (the Royal Canadian Mounted Police)  (but never convicted), I was obliged to prove my innocence in various ways.

I sent, along with my explanation, a table that I had constructed concerning my experiences (and the experiences of my daughter, Francesca) with the child welfare organization Winnipeg Child and Family Services (CFS), located in Winnipeg, Manitoba, Canada.

The table that I constructed about events is a revised version (always subject to change as I gather further evidence or order it better). I posted it earlier (see  A Personal Example of the Oppressive Nature of  Public Welfare Services).

Below is the first part of the answer to the second question:

I. Issues about my teaching ability. This issue needs to be broken into three parts: the issue of my competency as a senior-high French teacher, my competency as a middle-years French teacher before my assignment as a glorified educational assistant in September 2011 and my competency as a middle-years French teacher during the period from September 2011 to February 2012.

In May, 2011, during a staff meeting, the incoming principal for the year September 2011, Neil MacNeil, attended. During the staff meeting, he stated that he wished he could teach French, but unfortunately, he could not. Subsequent to that meeting, he invited me into a personal consultation. He informed me that I would no longer be teaching senior-high French as of September 2011. He implied that I was responsible for the decline in the number of students in the French program.

I taught French in a serious manner—I am not a “fun” teacher. For example, for one senior French class, I gave the combined grade 11 and 12 students the option of either writing a final exam or doing a final project on the genocide in Rwanda (I had purchased some material in French in relation to this issue earlier). Both sets of students chose the project (with appropriate modifications for expectations according to the grade level); they had to do some research related to the issue on the basis of a particular aspect that they had chosen and present their findings to the class and a short written report to me—both in French.

As a teacher, it is not my responsibility to sugar-coat a subject. If there is interest in a subject, then the person, if s/he is to learn, must conform to the conditions for learning that subject rather than to such external requirements as “having fun” (see the accompanying section from my dissertation pertaining to John Dewey’s analysis of drawing, which is relevant for the determination of what real interest involves).

My own assessment of my competency as a French senior-high school teacher was that I was probably better than average—although pedagogically I still had a lot to learn. I certainly was a much better senior-high school teacher than a middle-years teacher. The stripping of my position as a senior-high French teacher—ostensibly because of declining enrollment in the French program—humiliated me. The only evidence for such an action was the declining enrollment—hardly a rational ground for such an action—unless there is a causal relation between declining enrollments and incompetent teaching.

Looking at the issue of demographics of the school, the number of Aboriginal students in the school steadily was increasing (with problems associated with poverty rather than concern for learning what to many of them undoubtedly was a useless language). Mr. MacNeil’s refusal to look at the relevance of demographics in explaining the decline in enrollment in the French program is indicative of an inadequate grasp of the real situation (or, alternatively, the declining enrollment was simply used as an excuse to strip me of the position for political reasons).

In fact, the year that I left the school, the proportion of Aboriginal students was about two thirds. The former principal, Randy Chartrand (who himself is of Aboriginal background), had already attributed the decline in interest in French to the changing demographics of the student population. The reference to Aboriginal students is relevant since, during the time that I was a French high-school teacher at the school, I had only one Aboriginal student (and I adapted the course for her so that she would learn according to her own capacity). In general, the Aboriginal population has its own problems, quite distinct from the richer, mainly Caucasian (and dwindling) student population. Learning French was hardly one of the priorities of the majority of the student population or their parents. One parent, in fact, ask why we did not offer Aboriginal languages.

When I phoned Randy for a reference in 2013, he mentioned that the student population was even needier.

In any case, I generally enjoyed teaching French at the secondary level. I can only recall one student in grade 10 French who argued that I was a bad French teacher. He had negotiated with his parents the right to go to France provided that he attend grade 10 French. He went to France, but when he was obliged to take the grade 10 French class subsequently, he resisted and resented having to take it. Even when I began my chemotherapy treatments in mid-June 2009 (I felt that I should try to finish the school year), his attitude was very negative.

The same year, there was one parent of a high-school student who complained that his son, who was a student in the 90 percent range the previous year in French, was only receiving grades in the 60 percent range (the parent also worked at Ashern Central School as head custodian). I replied that his son was not making sufficient effort to obtain a grade of 90 percent. To learn anything requires effort. I did not indulge the student nor the parent. (The student, in fact, was a friend of the other student who claimed that I was an incompetent teacher.)

Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part One

It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental organizations often assume that you are guilty first and that you have to prove your innocence; otherwise, you suffer negative consequences.

An example is the requirements that the Ontario College of Teachers (OCT) imposed on me in order for me to qualify as a teacher in the province of Ontario after I moved from the province of Manitoba. To qualify as a teacher in Ontario, you must gain the approval of the OCT. The OCT website explains what this organization does:

ABOUT THE COLLEGE

The Ontario College of Teachers licenses, governs and regulates the Ontario teaching profession in the public interest.

Teachers who work in publicly funded schools in Ontario must be certified to teach in the province and be members of the College.

The College:

  • sets ethical standards and standards of practice
  • issues teaching certificates and may suspend or revoke them
  • accredits teacher education programs and courses
  • investigates and hears complaints about members

The College is accountable to the public for how it carries out its responsibilities.

You can find the qualifications, credentials and current status of every College member at Find a Teacher.

The College is governed by a 37-member Council.

  • 23 members of the College are elected by their peers
  • 14 members are appointed by the provincial government.

To qualify as a teacher in Ontario, among other things, you have to answer a questionnaire. On the questionnaire, there are questions concerning arrest–and since I was arrested by the RCMP (the Royal Canadian Mounted Police)  (but never convicted), I was obliged to prove my innocence in various ways. Despite no conviction, in other words, I had to prove my innocence. The social-democratic or social-reformist left, of course, are silent about such conditions (they are probably unaware of them).

I sent, along with my explanation, a table that I had constructed concerning my experiences (and the experiences of my daughter, Francesca) with the child welfare organization Winnipeg Child and Family Services (CFS), located in Winnipeg, Manitoba, Canada.

The table that I constructed about events is a revised version (always subject to change as I gather further evidence or order it better). I posted it earlier (see  A Personal Example of the Oppressive Nature of  Public Welfare Services).

Below is my answer to the first question:

I. Explanation for the investigation of Dr. Fred Harris by the CFS [Child and Family Services] and the RCMP [Royal Canadian Mounted Police–the national police in Canada] (related to the accompanying table, which forms part of the explanation):

In all probability, my daughter panicked when I gave her the letter concerning my operation related to cancer; I categorically deny ever having choked my daughter. (My daughter recently told me that she had subsequently indicated to either the WCFS or to the RCMP that I had not choked her).

She may also not been able to face the fact that she had been violent towards her father when he had cancer. The only action that I regret is throwing the tea. I certainly had no intention of hurting my daughter, but for that I am responsible—nothing else. I lost control—that is a fact. The mitigating circumstance is that I had, unknown to myself, cancer at the time, which subsequently was considered to be terminal, in all probability.

However, the initial accusation by the WCFS was that I had choked my daughter; there was no reference to my throwing tea. Given the practical abuse of Francesca for over a decade by the mother—and the neglect by the WCFS in recognizing such abuse (it was only subsequent to the arrest that the WCFS apologized to Francesca, indicating that she had indeed been abused by her mother)—the timing of the apprehension of Francesca is certainly suspect.

Given both the timing and the fact that the ground for the apprehension was the falsehood that I had choked Francesca, I made it clear in court that I was acquiescing “without prejudice.” I then began to send a variant of the supplementary table to the Minister of Justice, the Minister of Education and the Premier, Greg Selinger, implying that they had apprehended Francesca on false grounds. This may have precipitated the investigation by the RCMP.

I asked my daughter this last December (2013) when the issue of the tea came up. She indicated that that issue arose subsequently. My interpretation is that the RCMP was fishing for any grounds (with the probable support of the CFS) for arresting me in addition to the false claims that I had choked my daughter and had thrown her to the ground. My interpretation is that the capitalist government was using Francesca to hide its own criminal neglect of Francesca for over a decade (and, possibly, because her father is a Marxist).

The need to hide the criminal neglect of the WCFS may have even been more urgent for the WCFS since Francesca, in claiming that I had choked her, also apparently claimed that her mother’s common-law husband had sexually abused her. (When she made that claim I am uncertain. On Father’s Day, 2010 Francesca informed me that she had told the WCFS that she had been sexually abused. If true (it is still before the court), the WCFS’s lack of action for over a decade would have contributed to such abuse.) [The court eventually dismissed the allegation of sexual abuse against the common-law husband of Francesca’s mother; I now believe that Francesca was sexually abused by him despite the court’s decision. I will  explain that in another post.]

I do not regret what I did (apart from the incident of the tea). The apology ten years after the fact is hardly sufficient for the persistent abuse that Francesca was subject to over the years. The WCFS and the CFS is a fascist organization that acts as if Canadian citizens are guilty first and must prove their innocence afterwards. It uses intimidation tactics (such as the letter of January 2004 and the October 6 2010 phone call by Darryl Shorting) to achieve its ends.

It is instructive that it is I who have to provide an explanation of the investigation. Undoubtedly, it could be argued that it is not the WCFS that is applying for teacher certification. That is true. However, the WCFS apparently need not explain anything at all to anyone.

My explanation, then, is that the organization that need not explain (the WCFS and the CFS) itself needs to explain—its neglect of Francesca (and probably many, many other children) for over a decade. It is necessary to expose such behaviour if the problem is going to be resolved—and not presume that those who have been investigated by such an organization have to explain their actions. It is the WCFS that needs to explain its (in)actions—and it will only have to do so if its neglect is exposed.

However, the WCFS will continue to act undoubtedly with impunity—until those who are intimidated by the WCFS (and the consequences that flow from speaking out) speak up and end the silent oppression that characterizes such an organization. Children deserve much more than the neglect characteristic of the WCFS and the CFS. Such a situation is characteristic of adult behaviour in general in relation to children (see the accompanying article, “Dewey’s Concepts of Stability and Precariousness in his Philosophy of Education”).

This is part of my explanation for answering “yes” in several of the questions.

A Personal Example of the Oppressive Nature of  Public Welfare Services

Introduction

As I wrote in another post A Worker’s Resistance to the Capitalist Government or State and Its Representatives, Part Eight):

I sent, among other things, a table that contained some of Francesca’s and my experiences with the WCFS [Winnipeg Child and Family Services] (I will be posting a modified version of this table (the updated version is more inclusive) on this blog, much of which I have included in this series of posts. I also sent the material to the  Manitoba Minister of Justice and to the Manitoba Minister of Education. I also began to send the material to government institutions outside the province of Manitoba. 

The social-democratic or reformist left rarely address the many oppressive experiences that workers experience on a daily or weekly or monthly basis. Indeed, they often idealize public services and, thereby, do a disservice to workers. By not recognizing the often oppressive nature of many social-service agencies (government or state institutions), the social-democratic or reformist left contribute to the move among workers to the right. Of course, the self-righteous social democratic or socialist left then criticize such a move. The social-democratic or reformist left should look at their own practices and engage in self-criticism–but they rarely do.

Indeed, given the level of public (government) oppression experienced by the poorer sections of Canadian citizens, immigrants and migrant workers (measured this time in terms of level of income), it is hardly surprising that many of them would support tax cuts and a reduction in “public services.” Support for austerity has at least some basis in the oppressive public service–and the disregard for such oppression by the social-democratic or reformist left.

The table below is the modified version. It should be read from the right-side downward, chronologically, and then the left-side.

I refer to myself as “Dr. Harris” since I have a doctorate (a Ph. D). I referred to myself like that since workers as social-service agencies, in my experience, treat less educated persons in a more oppressive manner (I only obtained the doctorate in 2009).

The table below should be read in the context of points 1-4 on the right-hand side of the table (before the court-ordered assessment), and from point 5 onward on the right-hand side of the table.

Apprehension of Francesca, Dr. Harris’s daughter, by the WCFS, March 10, 2010Non-apprehension of Francesca, Dr. Harris’ daughter, by the Winnipeg Child and Family Services (WCFS):
1. Claims that Dr. Harris blocked his daughter’s path;1. False accusation of sexual abuse by mother at the suggestion of the Winnipeg Child and Family Services (WCFS) during mediation, 1996;
2. Claims that Dr. Harris frightened his daughter;2. January, 1997: Francesca begins to complain to Dr. Harris that her mother is using a wooden stick and a belt on her buttocks (she would say, “nalgas,” (buttocks) “cincho” (belt), “cama” (bed) in Spanish.
3. Claims that Dr. Harris indicated in a letter that he had choked Francesca at an earlier date; there was no mention of throwing tea (that came later—probably a fishing expedition to find any reason to justify the CFS’ actions in apprehending Francesca. To what extent Francesca was manipulated by CFS, the RCMP or other authorities remains unclear.3. False accusation of sexual abuse by mother once again through the WCFS, 1997;
4. Claims that Dr. Harris indicated in a letter that he had thrown Francesca to the ground;4. July 1998, perhaps: Beginning of formal complaints by Dr. Harris about use of a belt and a wooden object to discipline Francesca by mother to WCFS. He decided to do so after discussing the issue with a friend. The friend pointed out that if Dr. Harris did not inform the “authorities,” he could be accused of hiding the child abuse.
5. Claims that Dr. Harris has mental health problems (by the WCFS lawyer in front of a judge).5. Claim by Dr. Harris’ lawyer that the court-ordered assessor, a social worker, was sympathetic to Dr. Harris’ views (probably so that Dr. Harris would openly express his views).
6. Dr. Harris is forbidden to see his daughter—with the threat that he would face legal consequences.6. Dr. Harris did not see the court-ordered assessment by the social worker until the day of the pretrial hearing—contrary to procedure, which required him to have access to such an assessment before the pretrial hearing in front of Judge Diamond. When Dr. Harris tried to talk to his lawyer about the contents of the assessment (full of lies and inaccuracies), his lawyer replied, “Don’t talk politics to your daughter.”
7. Dr. Harris at first fights against these falsehoods.7. Claim by the court-ordered assessor (and consultant to the WCFS), in his 1998 assessment that Dr. Harris’ claim of physical abuse was “somewhat ridiculous.”
8. When a judge, during a pre-hearing trial indicates that even if the court judged in Dr. Harris’ favour, there would be no recourse except to have Francesca be released in the custody of one of the parents (and since neither Francesca nor Dr. Harris wanted to live with each other), Dr. Harris acquiesces. However, he then drafts a table and sends it to Premier Sellinger, the Minister of Education and the Minister of Justice, among others, with the subject heading “J’accuse.”8. Claim by the court-ordered assessor (and consultant to the WCFS), that Dr. Harris was indoctrinating Francesca in “the evils of capitalism”
9. Sometime after September 10 but perhaps before October 6, Dr. Harris believes, he contacted the Manitoba Human Rights Commission in order to file a complaint against the CFS. The Commission informed Dr. Harris that the time for filing a complaint had expired.9. February, 1999: Beginning of Francesca’s physical hostility towards him: punching, after mother found in contempt of court and did not permit daughter to see him. Francesca wanted to know why he did not want to see her and punched him often because of it.
10. October 6, 2010: Darrell Shorting, worker for Anishinaabe Child and Family Services in Ashern, Manitoba, calls the school where Dr. Harris is working and says that he knows what Dr. Harris has done, namely, choked his daughter and threw her to the ground. Mr. Shorting obliges Dr. Harris to tell the principal at the time (Mr. Chartrand) that Dr. Harris is under investigation.10. April 1999: During the civil trial, there were only two issues: whether Dr. Harris sexually abused Francesca, and whether he was continuing to indoctrinate—supposedly—her in Marxism. The issue of Francesca’s physical abuse by the mother was simply buried and did not form part of the trial. The judge considered the mother’s accusation of sexual abuse to be unfounded—especially when she made another accusation that Dr. Harris had sexually abused Francesca the night before.
11. Dr. Harris is put on administrative leave for perhaps one week. The staff, he believes, are told that it is medical, so Dr. Harris feels obliged to leave Ashern every day early from Ashern.11. The social worker who wrote the court-ordered assessment testified under oath that he would search for material that would indicate that Dr. Harris’ “indoctrination” of Francesca was harmful to Francesca (he implied that he had no proof at the time). By chance, Dr. Harris met this social worker about a week later. The social worker claimed that he was still searching for material. The social worker provided no such material to Dr. Harris—ever.
12. Lakeshore School Division decides to have Dr. Harris placed in the clinical supervision model for the year. Dr. Harris passes this assessment.12. Dr. Harris files a complaint against his former lawyer; the Law Society of Manitoba rejects it out of hand.
13. March 31, 2011: Dr. Harris files a complaint with the Manitoba Human Rights Commission against Child and Family Services.13. Letter to WCFS, January 20, 2000: mother used wooden object on Francesca because Francesca used the computer.
14. April 4, 2011: Dr. Harris is placed under arrest by Ashern RCMP and that he had been under investigation since September of last year. There were three charges: that Dr. Harris choked Francesca, that he pinned her arms violently and that he threw tea at Francesca and hit her with the tea (the latter charge was a new accusation that had never been made before).14. Dr. Harris files about a sixty-page complaint against the social worker who wrote the court-ordered assessment to the Manitoba Institute of Registered Social Workers now that the mother was once again physically abusing Francesca. The only issue for them was whether Mr. Ashley displayed any open hostility towards Dr. Harris (shouting, for example). They dismiss Dr. Harris’ complaint without any explanation.
15. April 9 (Saturday), 2011: Dr. Harris had the custom since he arrived in Ashern of going to “Just My Kind of Bakery” on Saturdays at 12:15 p.m. For the first time ever, several RCMP officers (some in street clothes) sit opposite Dr.Harris at “Just My Kind of Bakery” in Ashern.15. Letter to WCFS, January 28, 2000: (occurred on January, 2000): mother used a wooden stick to discipline Francesca near her hips for not eating her vegetables. Another occasion: her mother pulled her hair for not eating her cereal.
16. April 16, 2011: Several RCMP officers once again do the same thing.16.February 15, 2000: to WCFS: mother slapped or hit Francesca on the mouth
17. May 2011: Dr. Harris is informed by the new principal that he will no longer be teaching high-school French.17.Various threats by mother: Not sure when: mother told his daughter not to tell anyone about her so-called discipline because the police would take Francesca away. Not sure when: mother told Francesca that she would rip her face off. Consequence: Francesca refused to talk about the physical actions of her mother.
18. September 2011: Dr. Harris is assigned to one special needs student for the morning—a glorified educational assistant. Dr. Harris’ heart starts pounding due a rapidly increasing stressful situation.18.May 4, 2000: Discipline with wooden object and belt.
19. October 26, 2011: The new principal, the superintendent, a representative from Manitoba Teachers’ Society and Dr. Harris have a meeting. At the meeting, Dr. Harris is informed that he will once again be placed on clinical supervision. The MTS rep states, in private, that the school is the principal’s school and implies that Dr. Harris would need the principal’s approval to place articles in the staff lounge critical of schools.19.September, 2000: Mother told Francesca that she would smash Francesa’s teeth if she gave her father food from her lunch bag.
20. November 16, 2011: The charges against Dr. Harris are dropped—without explanation.20.October 10, 2000: mother slapped Francesca in the face; her lower tooth was bleeding
21. December, 2011: The new principal provides Dr. Harris with a copy of his clinical supervision. Dr. Harris replies with a 43-page rebuttal, which MTS rep reduces to 30 pages. The MTS rep indicates that the new principal’s assessment report does not reflect very well—on the principal.21.November, 2000: mother hit Francesca with a belt buckle.
22. .Late January or early Feburary, 2012: Another meeting with the new principal,.the superintendent, the MTS rep and Dr. Harris. The superintendent mentions the fact that Dr. Harris had cancer and the arrest. The MTS rep says nothing about this. She places him on “intensive clinical supervision,” which is to begin on February 16, which means that he would be directly under the supervision of the superintendent.22.January, 2001: Francesca indicates that she will no longer tell Dr. Harris that her mother is hitting her since she was afraid that her mother would find out that she had told him.
23. Dr. Harris goes on sick leave as of February 16, 2012.23. February, 2001: Mother slapped Francesca in the head—Francesca cried.
24. Dr. Harris resigns from Lakeshore School Division, June 2012. 24. February, 2001: Mother pulled Francesca’s ear so hard that Francesca cried. Dr. Harris had to promise Francesca that he would not tell the WCFS about this as well as the slap in the head.
25. Before Dr. Harris leaves for Toronto in 2013, he reads an earlier version of the table in front of the Manitoba legislature during a protest against the CFS (mainly aboriginal women protesting the apprehension of their children).25. Mother hit Francesca in the head with a book several times: not sure exactly when: before March, 2001.

26. The mother pushed Francesca to the ground: not sure exactly when: Before March, 2001

27. Mother slapped Francesca in the head several times, not sure when: before March, 2001

28. March 15, 2001: Letter from WCFS: no need for protection, Karen McDonald

29. January 13, 2003: Letter from Rhonda Warren, Assistant Program Manager, stating: “Whether we agree or not regarding the issue of corporal punishment, it is not illegal for a parent to use such practice and in absence of injury Child and Family Services does not have the authority to demand change. It appears from your lengthy correspondence that you and … [the] mother have very different childrearing practices.” This implies that the mother was using corporal punishment.

30. Francesca becomes violent toward Dr. Harris toward the end of August 2003. He takes her to her mother’s residence and refuses to see her until she can promise to refrain from punching him.
.31. September, 2003: According to Francesca, the mother proceeds to rip up the swimming goggles Dr. Harris bought for her swimming lessons; the mother smashes the watch that Mr. Harris gave his daughter; she rips up a doll that Dr. Harris had gave her and throws it into the garbage can.

32. October, 2003: The mother’s nephews from Guatemala visit for a few months. Dr. Harris resumed seeing Francesca. Despite the court-order clearly indicating that Francesca was to be with him until 7:00 p.m., the mother orders Francesca to be home by 12:00 noon for her skating lessons—at 2:30—or, she tells Francesca, she will phone the police. Dr. Harris refuses to acquiesce; he would take Francesca home, he tells Francesca, at 1:00, like last time. Francesca begins poking him in the face with wooden sticks from a kit that he had bought her. He takes Francesca back to the mother’s place, indicating once again that he would not see Francescauntil she learns to control her violent behaviour. He also indicates to the mother that she has no legal right to interfere in his access rights.

33. January 22, 2004 : Letter from Mr. Berg, Assistant Program manager, threatening to consult its legal counsel and to phone the police. “We as a Branch, will not be investigating your most recent disclosure regarding your daughter and your ex-wife. I will instruct our Crisis Response Unit to screen all calls from yourself from this date forward particularly if they reference your wife and the quality of care your daughter Francesca Harris is receiving. As a Branch responsible for child welfare matters in the city, we will respond to legitimate calls. If in the future our Branch staff follow up on a referral call from yourself and we determine that the call is unfounded and malicious in nature, we will be consulting our legal counsel and the police to consider legal action.” The year before, the letter dated January 13, 2003, from Rhonda Warren, implied that his daughter’s mother was using corporal punishment. This year, Mr. Berg implies that Dr. Harris was making false claims. The issue was not just between Francesca’s mother and Dr. Harris; it was between my Francesca’s mother, the WCFS and Dr. Harris—as it has been from the beginning.
Subsequent to a complaint against the WCFS to the Ombudsman’s Office made by Dr. Harris concerning this letter , the Ombusdman’s Office wrote the following (May 12, 2005): “Our office has investigated the concerns you raised and have concluded that the position taken by WCFS as outlined in their letters of January 13, 2003 and January 22, 2004 is not clearly wrong or unreasonable. Accordingly there is no recommendation that can be made on your behalf.”
Subsequent to a meeting in June 2005, the Ombudsman’s Office wrote a letter, dated January 9, 2006, which contained, among other things, the following:
“It was agreed that our office would send you a further report after we had the opportunity to pursue one of the issues which remained outstanding. This issue related to the tone/wording of the letter addressed to you from WCFS dated January 22, 2004 which in part stated:
If in the future our Branch staff follow up on a referral call from yourself and we determine that the call is unfounded and malicious in nature, we will be consulting our legal counsel and the police to consider legal action.’
You advised us that not only did this paragraph leave you confused as to what you should do in the future should there be further incidents about which you were concerned involving your daughter’s care, but you felt this paragraph implicitly threatened you with police action.” …
WCFS is now aware that the tone and choice of wording of the letter in question gave you the impression that they felt your complaints were not legitimate and that you would be subjected to police involvement. We have confirmed that WCFS will respond to you as specified in The Child and Family Services Act.”
Dr. Harris replied to the Ombudsman’s Office that he was little concerned about the tone of the letter but about the real threat to use the police.

34. June 28, 2004: Mother hits Francesca in the nose, causing it to bleed as well as the mother throwing a wooden stick near Francesca’s face. On July 5, 2004, Dr. Harris take Francesca to the Children’s Advocate office, where Francesca is interviewed. The person who interviews her, Janet Minwald, then talks to Dr. Harris. She indicates that there has been a disclosure this time about physical abuse. Apparently, it took the WCFS several months before it interviewed my daughter.

35. After this time, Dr. Harris generally tried to limit his connections with the WCFS since the WCFS was clearly not doing its duty to protect Francesca (probably because he is a Marxist). Francesca was afraid to call the CFS from her mother’s home for obvious reasons and, according to Francesca, the school refused to let her call Child and Family Services. Dr. Harris therefore bought Francesca a cell phone so that she could call the WCFS herself. She had the number programmed into the phone. She had to hide in the washroom to call them.

36. 2007-2008: Francesca, lacking sufficient attendance in grade 8 for the school year 2007-2008, had to repeat it. Dr. Harris purchases distance education courses for Francesca for the summer. Francesca takes them with her for her holidays during the summer—and does not work on them.

37. Francesca begins to live with Dr. Harris in Ashern, Manitoba, in late August, 2008.

38. Dr. Harris decides to home school Francesca, creating a plan of studies.

39. Francesca falls behind in her studies.

40. When Dr. Harris confronts Francesca about her lack of studying, she becomes increasingly violent by, for example, digging her elbow in his ribs when he tries to teach her.

41. Around November, 2008, Francesca throws a metal lid at him, barely missing his head. Dr. Harris puts her in a headlock and force her to the ground, refusing to let her go until she promises not to throw anything.

42. Probably in December, Francesca punches Dr. Harris in the face. He reacts by pinning her arms.

43. During Christmas holidays, while his daughter was visiting her mother, Dr. Harris visits the doctor since he is not feeling very well, and there is an increased amount of blood in his urine (he had had traces of blood before, but not to that amount). The doctor prescribes some medication.

44. He starts to bleed more and more profusely when urinating. He begins to have pains in his right kidney. He contacts the doctor, and the doctor contacts a urologist (Dr. Bard) to have a CT scan.

45. When his daughter returns in January, Dr. Harris and Francesca continue to argue because of her lack of studying.

46. Since Dr. Harris did not have his permanent contract as a teacher yet, he tried to hide the fact that he was urinating blood by cleaning up any blood that splashed on the floor in the school washroom

47. Dr. Harris, while trying to teach Francesca, tried to show her that he was sick by showing her that the toilet bowl was full of blood. This had no effect on Francesca’s violent behavior.

48. While he tries to teach Francesca, she continues to act violently towards him. While drinking some tea, Francesca, digs her elbows into his side; he flings the tea, some of which hits his daughter in the face (fortunately, the tea is not so hot that it physically hurt her).

49. Dr. Harris takes Francesca back to her mother’s place on approximately January 28, 2009 and gives her mother a letter, indicating that he did not ever want to see Francesca again.

50. February, 2009: CT scan reveals that Dr. Harris has a large tumor in his bladder. Dr. Harris still does not want to see his daughter.

51. March 2009: Dr. Harris is diagnosed with invasive bladder cancer and has partial surgery to remove part of the tumor (it is too big for surgery to remove all of it). Dr. Harris informs Francesca that he has cancer, and they start to see each other again—although Francesca does not want to talk about the cancer and the possibility of her father dying.

52. June, 2009: The intern for the chemotherapy oncologist informs Dr. Harris that there is a 60 percent chance that he will die within the next five years.

53. June-August, 2009: Dr. Harris undergoes chemotherapy. It seems to work.

54. February or March, 2010: Dr. Harris opts for radiation therapy as suggested by his urologist Dr. Bard instead of removal of the bladder. Radiation oncologist refuses to perform the radiation because the bladder is too close to the lower intestine. Dr. Harris opts for surgery to move the lower intestine out of the way by means of a mesh so that radiation can occur.

55. March 10, 2010: The surgeon provides Dr. Harris with a note that indicates that he will have surgery on April 19.

56. March 10, 2010: Dr. Harris gives his daughter a copy of the note (and a book on evolution in order to try to have her read something that contradicts the Bible).

A Worker’s Resistance to the Capitalist Government or State and Its Representatives, Part Eight

Introduction

This is a continuation of a previous post that illustrates how politically biased the capitalist government or state and its representatives (such as social-democratic social workers) are when it comes to determining real situations–especially when a person self-declares as a Marxist.

Just a recap: I filed a complaint with the Manitoba Institute of Registered Workers against a social worker who had written a court-ordered assessment concerning my wife at the time, myself and my daughter, Francesca Alexandra Romani (ne Harris). I am using the initials S.W. for the social worker. Mr. S.W., claimed that my claim that the mother of my daughter was using a belt and a wooden stick to physically abuse her, was “somewhat ridiculous.” Mr. S.W. was much less concerned about determining the truth of this claim (which is in fact true) than with my so-called indoctrination of my daughter in my “Marxist ideology.”

Since the civil trial in April 1999, my daughter complained of the following  (as of February 18, 2000—it should be noted that the following does not include the many times Francesca told me that Francesca’s mother had hit her before Feburary 18, 2000): 1. Her mother was using a wooden stick on her buttocks; 2. Her mother used a belt to spank her on the same area; 3. Her mother grabbed Francesca and forced her into the apartment building; 4. Her mother had grabbed Francesca’s throat in the elevator and warned her not to tell me that her mother had hit her; 5. Her mother shoved Francesca to the floor on two separate occasions; 6. Her mother hit Francesca on the head with a book; 7. Her mother pulled Francesca’s hair; 8. Her mother scratched Francesca with a comb.

This contrasts with Mr. S.W.’s allegation, as noted in the last post, that ” Mr. Harris’ explanation for contacting the Agency [Winnipeg Child and Family Services] was somewhat ridiculous. He said that the child had made some vague indications that she may have been spanked.”

Mr. S.W. was much less concerned about the truthfulness of Mr. Harris’ claim (which is true) than with Mr. Harris’ Marxists ideas.

The Manitoba Institute of Registered Social Workers rejected my complaint, claiming that Mr. S.W. did not contravene the code of ethics of registered social workers in Manitoba.

I then filed a complaint against Winnipeg Child and Family Services (WCFS) with the Manitoba Ombudsman, and during their so-called inquiry, the WCFS threatened me in a letter with consulting their legal counsel and phoning the police on me. The Manitoba Ombudsman found the actions of the WCFS to be reasonable both before the letter and the letter itself: 

Our office has investigated the concerns you raised and have concluded that the position taken by WCFS as outlined in their letters of January 13, 2003 and January 22, 2004 is not clearly wrong or unreasonable. Accordingly there is no recommendation that can be made on your behalf.

So far, the Winnipeg Child and Family Services, the Manitoba Institute of Registered Social Workers and the Manitoba Ombudsman proved themselves to be anything but institutions that reflected any kind of fairness or equitable treatment. Quite to the contrary. They either involved oppression in one form or another or justification of such oppression by vindicating an oppressive institution. 

The social-democratic left rarely take this integrated nature of the oppressive powers linked to the capitalist government or state into account when formulating tactics and strategy. Indeed, many on the left even idealize such oppressive features by calling for, without qualification, the expansion of public services–as if such public services were not riveted with oppressive features. 

Immediate Family Context, Or How I Failed Francesca, My Daughter, the First But Not the Last Time  

As I indicated in my last post in this series:

In my next post, I will fast forward to 2007-2008, when Francesca skipped school so much that she was obliged to repeat grade eight in 2008.

I started my Ph. D. in 2002 and received a scholarship for three years, from 2002 until 2005, which helped financially, gave me some time to work on my studies without having to work as much as a substitute teacher, and enabled me to register Francesca in extra curricular activities without going into further debt (I owed around $16,000 from student loans associated with attending a bachelor of education program between 1994 (when Francesca was born) and 1996).

After 2005, however, I had to increase my work as a substitute teacher and, despite this, I increased my debt (by 2008, I had a credit card debt of around $7,000 and about $20,000 in student debt).

In the 2006-2007 school year, Francesca attended Elmwood High School, an inner-city high school not too far from the house where she lived with her mother. I was concerned about the impact her experiences at that school would have on her–as well as the kind of friendships she was establishing. (I had substituted at the school only a few times; my experiences did not impress me. For example, I substituted in one class that could lock from the inside. I had a key to the room where I was substituting, but it was in my jacket in the classroom. One student got up and left for no reason, and I followed him outside. Some students locked me out of the classroom. I had to go to the office and have the vice-principal open the door. I can certainly understand why students would do what they did in the context of an oppressive classroom setting–but I did want my daughter to learn something as well.

For the school year 2007-2008, her mother agreed to have her attend River Heights School, a middle-years school where I had substituted as well. The teaching, as far as I could see, was more rigorous, and there were more opportunities for extra-curricular activities.

However, my need to earn a living and my work on my doctoral dissertation led me to fail Francesca by not ensuring that everything was working out well at the new school. Her uprooting from her friends, and my lack of monitoring her situation, led to her skipping school more and more (I assume–her mother had fully custody–but I could have been much more active in ensuring that she felt more at home in the school and, if not, at least tried to talk to her and support her in attending. Francesca, it is true, erased messages that I received from school concerning her attendance–but that is hardly an excuse for my lack of rigor in monitoring the situation.

Furthermore, I should have known that something was wrong. At one point, she stole coins from one of my drawers. At another point, I had dropped her off for her swimming lesson at the Pan Am Pool in Winnipeg, and I received a call; the police had been called. Francesca had been caught stealing money from a purse in one of the lockers. Francesca was not charged–I convinced the police that this would not happen again. There is a difference between personal theft, which is wrong and theft from large stores and from companies–I told Francesca I do not do that not because it is wrong but because it is not worth the consequences of possibly going to jail or at least a criminal record. On the other hand, Francesca’s own defense of herself in front of the police was impressive.

In any case, I failed Francesca by not monitoring her situation. Not for the last time.

As I wrote in my last post in this series:

By that time, not even her mother could control her. Nor could I. Francesca had been violent towards me since 1999, when her mother refused to let me see Francesca or let  Francesca to see me for almost three months. 

In 2008, I obtained a position as a permanent teacher in September 2008, in Ashern, Manitoba, a very small town about 160 kilometers north of Winnipeg. Francesca’s mother agreed to have Francesca live with me since her mother could no longer control her. I decided to home school Francesca while living in Ashern and teaching there. I enrolled Francesca in distance education courses in June 2008, and I gave her the courses. She then left with her cousin, Laura, for Kelowna, a city in the province of British Columbia. I expected Francesca at least to work a bit on the distance education courses during the summer of 2008. She never did. That was the beginning of our problems. 

Since Francesca was going to be taught by me by means of home schooling and distance education, I set up a schedule for the various courses. For example, for the social studies course, I wrote the following: 

Assumption: Two days of work before August 31 and every day working on social studies Studying every day working on social studies until finished.

With such a start date, it is necessary to finish about 4 pages of the distance education package per day. The 4 pages do not mean just 4 pages of reading. It means that whatever is assigned for the 4 pages must be read or done and understood. For example, on page 3 of Lesson 1 for Module 1, it is necessary to become familiar with the Table of Contents by doing the exercise. 

Module 1
August 21=Lesson 1, page 4 
August 26=page 8
August 31=Lesson 2, page 12
September 1=page 16
September 2=Page 20
September 3=Lesson 3, page 24
September 4=page 28
September 5=32
September 6=Lesson 4, page 36
September 7=Lesson 5, page 40
September 8=Lesson 6, page 44
September 9=Lesson 7. page 48
September 10=page 52
September 11=Lesson 8, page 56
September 12=Lesson 9, page 60
September 13=Lesson 10,page 64
September 14=page 66, Review for Test 1
September 15=Test, Module 1
September 16=Review test, Module 1

How I Failed Francesca, My Daughter, A Second Time 

We started to argue shortly after we moved to Ashern. Francesca did not study as she needed to if she were going to finish grade 8. In retrospect, I should have either hired a tutor (if possible since Ashern only had a population of 1,400) or registered her in the school where I was going to teach. I was afraid, though, that if I registered her in the school where I taught, she and I would have further arguments that would spill over into my workplace and, I could lose my job. For those who abstractly consider this irrelevant, I will simply point out that economic security forms a vital component of why the working class has a tendency to fight for socialism (see Marc Mulholland (2009), “Marx, the Proletariat, and the ‘Will to Socialism’,” Critique: Journal of Socialist Theory,” pages 319-343, Volume 37, Number 3; and by the same author (2010) “‘Its Patrimony, its Unique Wealth!’ Labour-Power, Working Class Consciousness and Crises: An Outline, Consideration” pages 375-417, Volume 38, Number 3.

The social-democratic left do not even talk about the conflict that members of the working class often face between their existence as members of a family and as members of the working class (wage workers, or workers who must subordinate their will to an employer) and how this contradiction ties into government actions. It is ironic because many movies and tv programs do just that–in a conservative manner, of course. How many reading this post have not watched a movie or tv program where the protagonists experience a conflict between the existence as family members, as members of the working class or as members of the state? 

For example, Raju Das, in his book Marxist Class Theory for a Skeptical World, recognizes that family relations aid in identifying the class interests of family members. Thus, he writes (page 42): 

A woman who is a school teacher and married to a working class man is not in the same class location as another woman school teacher married to a male ceo (1989d: 328). So the class location of husbands and wives should be treated as a function of both direct class location and their mediated location. Sometimes they can have a common class location and sometimes different.

Mr. Das is primarily concerned with indicating the primacy of class position or location (relative to, for example, being a member of a family); this is important, but from a practical point of view of how to organize the working class into a class capable of overcoming those class recognitions, we need to acknowledge and take into account the relationships that retard class consciousness or accelerate it.

Being a member of a family can do both. On the one hand, being a member of a family can make workers more militant as they struggle to maintain and improve their family life. On the other hand, it can also make workers more conservative when being a family member results in acceptance of subordination of the worker’s will to the power of the employer. For example, I remember one worker in the capitalist brewery where I worked (in Calgary, Alberta, Canada), who explicitly stated that his family was more important than his job. Of course, what a person says and what a person does need not coincide, but to ignore the importance of the family to members of the working class, organizationally, is bound to be fraught with problems.

Or it can result in contradictory tendencies since workers can be pulled in opposite directions simultaneously. Blindness on the part of academic Marxists to these issues indicate the extent to which Marxism as theory has become divorced from Marxism as practice. 

In any case, I made the wrong decision by trying to homeschool Francesca on my own. We generally worked on her studies together after supper; before supper I prepared lessons and marked other students’ work. I worked late at night and on the weekend on my doctoral dissertation (which I finished in 2009, the following year).

Our arguments became more and more heated as it became evident that Francesca was falling further and further behind. I was becoming the person and father that I did not want to become–an oppressive father by pressuring Francesca to keep to the schedule. I had to revise the schedule several times, but it was always in need of revision.

One time, when we were arguing over her studies, Francesca, who was in the kitchen, picked up a pot lid and threw it at me like a frisbee. The lid nearly hit my face; she could have easily hurt me. I walked up to her and put her in a headlock, forced her to the ground, and obliged her to state that she would not throw anything further at me. She promised not to do so. 

I do not to this day regret doing this; Francesca was out of control and could have easily thrown a knife at me. 

Another time, we were arguing about her studies, and she punched me in the face. I pinned her arms in order to prevent her from hitting me again. I do not regret doing that either. 

There was another time, however, which I do regret. We usually studied on the futon in the living room (where I slept). Francesca obviously felt tense when we were studying, and when she did not understand something, she would dig her elbows into my side. 

One day, I was sitting on the futon, with Francesca on the right. We were studying, and I was drinking some tea. She began to dig her elbow into my right side, and it hurt. I responded spontaneously, and the tea went flying from my hands. Unfortunately, some of the tea hit Francesca’s face. She started to cry. Fortunately, the tea was not hot enough to burn her–but it could have been. 

Yes, I stand condemned for hurting my daughter. The mitigating circumstance is that, unknown at the time, I had invasive bladder cancer, and the cancer had blocked my right kidney (it no longer functions). That is why I was having pain on my right side, and that is why it hurt when Francesca dug her elbow into my right side. 

I had had drops of blood in my urine on and off for some time (usually at the end of urination). I had gone to the doctor’s office when I lived in Winnipeg, but he discouraged me from getting a scan because of the expense–it was a time of cutbacks, and he also discouraged me from having a cystoscopy (he said it was not a pleasant procedure–which it is not. But having cancer is also not pleasant). He thought it was a urinary infection and prescribed some antibiotics. The blood went away, but it returned when I was living in Ashern with Francesca–but it was much worse than before. 

I started to urinate blood–my urine was red rather than yellow. After the incident with the tea, I showed Francesca this by showing her the toilet, which was filled with blood. This had no effect in her increasingly violent behaviour towards me or in the advance of her studies. 

I went to see the doctor in Ashern, and he at first recommended antibiotics, if I remember correctly. Eventually he recommended a CT scan. 

Francesca also started to communicate with her mother; undoubtedly, she was complaining about me and our relationship. She wanted to return to live with her mother. 

I felt that I could not handle Francesca anymore, and since she was indifferent to my health, I also responded inappropriately by indicating that I never wanted to see her again. I failed Francesca again. 

In early January, I took Francesca back to her mother’s place. Within a couple of weeks, though, Francesca and her mother fought again to the point that Francesca started living with her cousin, Laura, who already had children and was foster parenting. I did not communicate with Francesca, though–I was still hurting from her apparent indifference to the deterioration of my health. 

The Experiences of a Sick Worker

In the meantime, I tried to hide my sickness from my employer, Lakeshore School Division,  until I obtained my permanent position as a teacher, by cleaning up red spots that splashed on the men’s bathroom floor. 

In January or February, I believe, the Ashern doctor informed me that the CT scan indicated that I had a tumor, but that I should not worry–in most cases tumors are benign. 

In March, 2009, I was diagnosed with invasive bladder cancer. I waited for about two weeks before I communicated with Francesca.

I had surgery, but my urologist indicated that the tumor was too big to remove entirely through surgery without removing the whole bladder. He recommended chemotherapy followed by radiation. 

In the meantime, Laura, Francesca’s cousin, was married to Sean, whose mother started to tutor Francesca. I also paid for an independent tutor for Francesca. She did finish grade 8. 

In June 2009, the chemotherapy oncologist had his intern inform me that I had a 60 percent chance of dying in the next five years since the cancer had penetrated the muscle; I told Francesca this.  He recommended the removal of the bladder. My urologist, who was also a professor at the University of Manitoba, informed me that surgery was the typical treatment for bladder cancer in North America whereas in Europe doctors usually tried chemotherapy followed by radiation to see if the tumor could be eliminated. I chose chemotherapy. 

The chemotherapy worked during the summer of 2009. There was no visible cancer after the nine weeks of chemotherapy. 

Francesca, in the meantime, started to attend St. James Collegiate in grade 9 and continued to live with Laura. 

My urologist still recommended radiation treatment, but for some reason it took a long time before I saw the radiologist. After some time, the radiologist informed me that she refused to perform the radiation treatment because she claimed that my intestines and my bladder were too close together. She did indicate, however, that there was a procedure for placing a mesh inside me in order to shift the intestines out of the way in order to receive radiation treatment. 

I reluctantly agreed to the surgery. The surgery was scheduled on April 19, 2010. Before that, on March 10, I believe, I received a letter from the doctor who was to perform surgery. I had to provide the letter to my employer in order to obtain time off. 

Francesca and I were not getting along at the time. She was becoming more religious and refused to hear anything about the theory of evolution or my Marxist ideas. 

Francesca’s Apprehension by the Winnipeg Child and Family Services: Oppression by a Welfare Service

On March 10, the day that I received the letter from the surgeon, I went to Tim Horton’s across from St. James Collegiate. I was going to tell Francesca about the surgery, show her the letter and also give her a book on evolution. She was, however, if I remember correctly, with another friend. She was taking the bus to return, I assumed, to Laura’s place. I decided that I would make a copy of the letter and put the book and the letter in the mailbox at Laura’s place. 

I made a photocopy of the letter at Shopper’s Drug Store along the way, and then was going to go to Laura’s place by cutting across from Portage Avenue, ironically between the Manitoba Teachers’ Society building (McMaster House), on the one hand, and the building where the MTS Disability Plan office was located (as well as the Winnipeg Teachers’ Association-see illustrations below). 

I took this route because Francesca was living on Nightingale Rd, where Laura, her cousin, lived; this was a shortcut that Francesca had showed me (see map below).

However, as I was turning to enter the shortcut, I saw Francesca walking towards this shortcut; she had obviously taken the bus, had gotten off and was going to take the short cut. I drove a little further on, parked the car, got out and gave her a photocopy of the doctor’s letter and the book on evolution.

I left to return to Ashern, Manitoba, 166 kilometers north of Winnipeg (where I worked as a French teacher); that evening, however, I received a phone call from the Winnipeg Child and Family Services (WCFS) indicating that Francesca had been apprehended by the WCFS and that I was forbidden from seeing her–on pain of being arrested. It was claimed that I had cornered Francesca and that she was afraid of me. It was also claimed that I had choked Francesca some tima ago, thrown her to the ground and that on another occasion I had pinned her arms.

I fought against this oppression for the next month. The WCFS sought custody from both parents, and I attended a meeting with a judge and the lawyer for the WCFS. The lawyer tried to insult me by asking whether I had ever been “psychologically assessed,” to which I responded by asking him the same question. I indicated to the judge how Francesca had been physically abused in various ways. The judge indicated that if the issue went to court and he were judge and the WCFS lost, then he would have no choice but to grant custody either to me or to the mother. Given Francesca’s and my present rocky relationship, I could not fathom our getting along together. Furthermore, now that it was probably that Francesca had played some part in the false accusations of choking her and throwing her to the ground, I felt that I could not trust her.

Of course, I did not feel that Francesca’s mother should have custody given the history of physical abuse.

I went to court one final time, indicating that I would abandon custody–but without prejudice.

The whole experience was very stressful.

On April 19, I had surgery in Winnipeg at the Health Sciences Center, but I had a lung infection and stayed in the hospital for 16 days. Francesca visited me once, and when I tried to talk to her about the claim that I had choked her and threw her to the ground by reminding her that I had put her in a headlock and forced her to the ground until she agreed not to throw anything else at me, she claimed that the choking and throwing her to the ground was a different occasion. Since there was no other occasion, my suspicion that she played some role in her apprehension by the WCFS was confirmed.

Expression of My Opposition to the NDP, a Social-Democratic Government 

Once I left the hospital around May 5, 2010, I stayed with a friend in Winnipeg for a couple of months. Since I knew that I had not choked Francesca nor threw her to the ground, her apprehension by an organization that was instrumental in contributing to her physical abuse and her violence towards me angered me, to say the least. I began to send emails to the New Democratic Party (NDP, the social democratic party in Canada); the NDP were in power in the province of Manitoba. In one email, I titled it “J’accuse”–a take on the following (from Wikipedia):

J’Accuse…!” (French pronunciation: ​[ʒ‿a.kyz]; “I Accuse…!”) was an open letter published on 13 January 1898 in the newspaper L’Aurore by the influential writer Émile Zola. In the letter, Zola addressed President of France Félix Faure and accused the government of anti-Semitism and the unlawful jailing of Alfred Dreyfus, a French Army General Staff officer who was sentenced to lifelong penal servitude for espionage. Zola pointed out judicial errors and lack of serious evidence.

I sent, among other things, a table that contained some of Francesca’s and my experiences with the WCFS (I will be posting a modified version of this table (the updated version is more inclusive) on this blog, much of which I have included in this series of posts. I also sent the material to the  Manitoba Minister of Justice and to the Manitoba Minister of Education. I also began to send the material to government institutions outside the province of Manitoba. 

Return to Teaching Before My Arrest by the Royal Canadian Mounted Police (RCMP)–and Revelations

I returned to Ashern in the summer of 2010 to prepare for teaching. The surgery had failed–the radiation oncologist still refused to perform radiation because, she argued, my intestines were still too close to the bladder. 

On October 6, 2010, Darrell Shorting, of the Anishinaabe Child and Family Services, called me at school. It was recess time (Ashern Central School, where I worked, was a grade 5-12 school). He stated that he knew what I had done, namely, choked Francesca and threw her to the ground. Mr. Shorting obliged me to inform the principal at the time (Mr. Chartrand) that I was under investigation. 

I was put on administrative leave for perhaps one week. The staff, I believe, were told that it was medical, so I  felt obliged to leave Ashern early every day early. 

I had a subsequent meeting with Randy Chartrand, the principal, and Janet Martell, the superintendent. I categorically denied having choked Francesca and throwing her to the ground. 

Lakeshore School Division decided to have me placed in the clinical supervision model for the year; my performance as a teacher was evaluated by Randy Chartrand, the principal at the time. I passed the assessment. 

During the 2010-2011 school year, a few curious experiences arose with the RCMP. It was my habit to go, every Saturday at 12: 15, to a coffee and bakery shop called “Just My Kind of Bakery,” about a block and a half from where I lived. (see photo below). I read the Saturday Winnipeg Free Press there. I could have easily walked to the bakery, but I also often worked on either preparing lessons or marking student work after having read the paper and needed . I also generally bought groceries afterwards. It was more convenient to take the car with the newspaper and school work. 

Screenshot (1)

One time, I left the house where I lived at around 12:15 on Saturday, as usual, on a fall day, and I saw two RCMP cars enter the alleyway behind the row of buildings that included Just My Kind of Bakery. They went to the end of the alley, turned right and then turned right again–going towards Just My Kind of Bakery. I did not make anything of it–until I arrived at Just My Kind of Bakery. I took the shortest route to the bakery, but to park at Just My Kind of Bakery, I had to cross the yellow line. When I got out, the RCMP officers from the two cars approached me, and one of them stated that what I had done was illegal–I had crossed the yellow line. When I asked how I was supposed to get to Just My Kind of Bakery, he stated that I could approach the bakery from the other side in order not to have to cross the yellow line (the same route that they had taken–although they did not say that). Of course, apart from this instance, I had never seen the RCMP ever enforce this “law” during the three-and-half years that I lived there. 

Sometime afterwards, I believe, I moved to the window seat in Just My Kind of Bakery because I wanted to be able to identify my accuser, Darrell Shorting. I suppose the workers there felt “threatened”–but my purpose was a typical claimed right of an accused–to confront one’s accuser. I had been charged and condemned for physically abusing Francesca without a trial; I wanted to know who was it who was accusing me (apart from the fascist organizations called Child and Family Services, whether in Winnipeg or in Ashern). 

Ashern Anishinaabe Child and Family Services 

Screenshot (3)

Relation of Just My Kind of Bakery (Indicated by Fork and Knife) and Ashern Anishinaabe Child and Family Services

Screenshot (4)

Another time, I was going to the school when it was dark to obtain something from the school in preparation for lessons; I saw an RCMP car nearby. 

I forget exactly when, but Francesca contacted me, and we began to see each other. It must have been in 2011, before April 4. By coincidence we went to see a movie called “The Dilemma,” with Vince Vaughan as actor, among others. The dilemma was whether Vaughn, who saw his business partner and friend, should tell him that he had seen his wife kissing another man. My dilemma was whether I should confront Francesca with the false allegation of choking her and throwing her to the ground. After the movie, I dropped her off, and I decided to talk to her about it. We talked on the phone, and I indicated that I had not choked her nor threw her to the ground. She said that it did not matter since she forgave me. I insisted, however, that I had done no such thing. If I remember correctly, she hung up. When I tried calling back then and other times, there was no answer. 

It was around the same time, or perhaps a little earlier, that Francesca was temporarily living with the parents of the husband of Laura since one of the teenagers who lived under Laura’s care had apparently tried to commit suicide, and there was blood in the house. I went to see Francesca there, and she told me for the first time that she had been sexually abused by Juan Ulises, the common-law husband, when she was a child. Given that she still claimed that I had choked her and threw her to the ground, I did not believer her at the time. Now I do. I attributed her earlier violence towards me to her mother’s physical abuse. However, even after she admitted that I had not choked her nor threw her to the ground, she insisted that Juan Ulises had sexually abused her. Her extreme violence towards me can be ascribed both to the physical and emotional abuse of her mother, the lack of action by the WCFS, the Progressive Conservative government and the NDP social-democratic government (elected in 1999)–and her sexual abuse by Juan Ulises. 

My Arrest and Harassment by the RCMP 

Just before the spring break, I noticed that two RCMP cars were parked outside the house where I lived and had flashed their lights. 

After spring break, on Sunday evening, there was someone stamping outside the house–and when I looked outside, there were a couple of flashes of light from one of the RCMP cars. I heard a knock on the door, got dressed and opened the door. There were two RCMP officers at the door. They indicated that I was under the arrest. When I asked what charge, they asked whether I wanted others to hear about the charges or whether it would be better to hear about them inside. I “invited” them inside. They informed me that I was charged with three counts of assault of Francesca. I asked them what the charges were. Two of the three were the same allegations as the Winnipeg Child and Family Services–choking Francesca and throwing her to the ground. The third allegation was new–assaulting Francesca by throwing tea at her. The RCMP officer also indicated that I was not to approach Francesca and not to leave the province; otherwise, I would be put in jail. I was fingerprinted at a later date. 

On the following Saturday (April 9, 2011),  for the first time ever, several RCMP officers (some in street clothes) sat opposite me at “Just My Kind of Bakery” in Ashern, probably to intimidate me and to ensure that I was no longer looking out the window to see who Darrell Shorting was. One of the officers, not in uniform, was the father of one of my former French students at the secondary level. On April 16, 2011, several RCMP officers once again do the same thing, including the father once again–this time in uniform. 

(As an aside, it may be that Darrell Shorting is the same person who complained about how children in First Nations communities should be kept in their own communities rather than shipped to Winnipeg under the “protection” of Winnipeg Child and Family Services (https://www.cbc.ca/news/canada/manitoba/cfs-is-new-residential-school-system-says-former-cfs-investigator-1.2788730 ). If so, then Mr. Shorting saw fit to falsely accuse me of choking Francesca and throwing her to the ground and contributing to Francesca’s legal separation from me. Mr. Darrell, Shorting, as the article shows, was a former CFS abuse investigator for Aninshinaabe CFS.) 

An Oppressive Working and Living Atmosphere

I returned to school next morning to teach. Curiously, one of the parents of a student I was teaching wanted to attend my class. I “agreed” to this. 

Subsequently, at a teacher’s meeting, in May 2011 I believe, Neil MacNeil attended. He was a former teacher at Ashern Central School who had taught their for around 30 years. He was a principal in another school in another town within the same school division, but he was going to become the new principal at Ashern Central School during the 2011-2012 school year. At the meeting, he stated that he wished he could teach French since the French program was going downhill–which in itself I found inappropriate and humiliating since it was I who taught French.

Later that month, I was informed that I would no longer be teaching French at the high-school level (grades 9-12)–but I would still be teaching French in grades 6-8 (another teacher would teach French at the grade 5 level). Jennifer Bjorg, the daughter of the former French teacher whom I replaced once she retired (Darlene Hanlon), would be teaching basic French at the high-school level. 

I enjoyed much more teaching French at the high-school level. It was optional for students, and most students wanted to be there and learn French. Since I did not like teaching basic French in the earlier years–especially since it was obligatory although many students did not really want to learn it–the stripping of my seniors French class resulted in an oppressive atmosphere for me.

Near the end of August, when I went outside, I found that one of the windows of my car had been smashed. The rock was still in the car. I went to the RCMP station a few blocks away to report it. The RCMP officer said that they could do nothing and that fingerprints could not be obtained from a rock. Nothing was done about it. There was no inquiry into the vandalism at all–further proof against the idealized version of the police by the “Marxist” Herman Rosenfeld (see, for example, Reform versus Abolition of Police, Part Two).  

The oppressive atmosphere where I worked and lived increased substantially when I was assigned the position of a glorified teaching assistant by having to supervise one special needs student instead of teaching the seniors French classes in September, 2011. It was humiliating, and my heart started to pound excessively in September 2011. Furthermore, I was placed on clinical supervision once again–with Neil MacNeil as principal, not Randy Chartrand. 

I started to have problems sleeping at night due to the pounding heart. I started to take sleeping pills–which did not reduce the pounding heart, but they at least permitted me to distance the pounding heart sufficiently to sleep. I also started to drink a maximum of a cup of red wine every day (a measuring cup since I knew what alcohol could do to a person–my father had been an alcoholic and died when he was 50). (In fact, I started to drink red wine twice a week because my former supervisor for my master’s degree and Ph. D. Rosa Bruno-Jofre, who had cancer around the same time as I did, recommended a book “Foods That Fight Cancer.” In that book, the author recommended drinking red wine since it had a concentrated chemical not as easily metabolised if a person ate only red grapes. Drinking red wine every day, though, was due to the oppressive situation). 

The whole situation was oppressive. Ashern is a very small town–around 1,400 people. I never stated to anyone that I had been arrested, but the three charges were to be addressed when a judge was to hear the  charges. I did not attend personally (I hired a criminal lawyer “at a reduced rate” because I was a member of the Manitoba Teachers’ Society–Josh Weinstein It cost me around $3,000). Obviously many people knew about the arrest. I could not rest neither at work nor at home.

I also started having problems teaching French with some of the students. I always had classroom management problems in the grades 7 and 8 levels, and they intensified as the year proceeded. I also experienced the oppression of the principal hovering around the classrooms where I taught, looking in whenever he wanted. 

Of course, the threat of being jailed if I tried to communicate with Francesca was also oppressive.

In October, I believe, I started to see Gene Degen, a counsellor for the Employee Assistance Program (EAP) at the Manitoba Teachers Society building–the very building where I allegedly cornered Francesca and frightened her. I also inquired about going on sick leave.

The extent of the feeling of oppression can be seen from a series of communication between Adele Field Burton, case manager for the Disability Benefits Plan of MTS and me: 

— On Wed, 11/2/11, Adelle Field Burton <afieldburton@mtsdbp.ca> wrote:

From: Adelle Field Burton <afieldburton@mtsdbp.ca>
Subject: Apology
To: “Fred Harris” <umharri5@yahoo.com>
Received: Wednesday, November 2, 2011, 8:44 AM

Hi Fred

I am sorry if I have offended you or misunderstood what you were trying to say.  It was not my intention.

You are entitled to apply for benefits if you are medically unable to work.

I am here to help if needed.

Take care,

 Sincerely,

  Adelle Field BurtonBA BSW CCRC

Case Manager

Disability Benefits Plan of The Manitoba Teachers’ Society

101-2639 Portage Ave, WPG, MB R3J 0P7

Direct phone:  934-0383

Toll-free phone: 1-866-504-9373 ext.207

Fax: 957-5347

Toll-free fax:  1-866-216-9014

Email: afieldburton@mtsdbp.ca

 

From: Fred Harris [mailto:umharri5@yahoo.com]
Sent: October-31-11 10:03 PM
To: Adelle Field Burton
Subject: RE: Stress Leave

Hello Adele,

I find the contents of your email interesting–in its naivety.

Fact 1: I went to see a brand new doctor since my previous doctor had left Ashern (a typical phenomenon in rural areas, so I am told).

Fact 2: I only indicated that I was under extreme stress; I did not elaborate.

Fact 3: The doctor listened to my heart.

Fact 4: I had an EKG.

Fact 5: He prescribed to me a drug and told me to look up on the Net its effects.

Fact 6: I looked up on the Net the drug and discovered that it was addictive.

Fact 7: I purchased the pills–with the intention of taking them for the purpose of addressing my immediate concerns–my stress as expressed in my increasingly intensified heart.

Fact 8: It was the pharmacist who informed me (not the doctor) that the pills would likely have no effect for the period of the prescription; it would be necessary to take the pills for probably six weeks to notice any effect.

Fact 9: I have been taking over-the-counter sleeping pills to try to sleep; although they do not alter the pounding heart, they do allow me to exist in a state of semi-sleep, with the feeling (though not the fact) of a pounding heart to be less intense;

Fact 10: You presumed that I refused to take the pills based on my Marxist beliefs;

Fact 11: My immediate concern is my constant pounding heart and a solution to that–not in 6 weeks henceforth.

Fact 12: Neither the doctor nor you seem to recognize what stress involves and what the person under stress needs.

Opinion: I do not appreciate your “aside” etc. You apparently have little understanding of the situation.

As an “aside,” on November 15, I have a cystoscopy. On Novemeber 17 I will have a CT scan. Anyone who knows anything about those who have experienced cancer can infer that at least some will be nervous about such procedures because of the possible outcome of a a negative diagnosis. Indeed, I had a conversation yesterday with my advisor for my Ph. D. about this since she had colon cancer at the same time as I had invasive bladder cancer.

Furthermore, on November 16 is the court date. Couple that with the clinical supervision and the humiliation of being shifted to “teaching” one student for 8 weeks and for being denied the right to teach senior-high French this year (despite having taught it for three years in a row), my stress level is quite comprehensible.

I will address my problems and my needs without your help. Should I need assistance, I shall contact another person from MTS.

Rest assured that I have no intention of ever contacting you again.

Dr. Fred Harris, Marxist

— On Mon, 10/31/11, Adelle Field Burton <afieldburton@mtsdbp.ca> wrote:

From: Adelle Field Burton <afieldburton@mtsdbp.ca>
Subject: RE: Stress Leave
To: “Fred Harris” <umharri5@yahoo.com>
Cc: “Roland Stankevicius” <rstankevicius@mbteach.org>, “Adelle Field Burton” <afieldburton@mtsdbp.ca>
Received: Monday, October 31, 2011, 5:15 AM

Hi Fred

I am sorry to hear that things are feeling worse for you.

 

I guess there are a couple of things for clarification. 

Although you are certainly under stress, this is not a diagnosis, it is a cause.   In order to take time off work for medical reasons you need to have a note from a medical doctor that states you are unable to work for “medical reasons” (that includes psychological). If your doctor is prescribing an anti-depressant then likely feels you are exhibiting signs of depression.  I do have clients who chose not to take medication as a first line of treatment, preferring to use talk therapy first.  My approach to that is – Unless there is a past history of mental health problems where medication has been useful, I think it is reasonable to try counselling first but if after 6 months, the depression (etc.) is not improving, then medication becomes a part of “appropriate care and treatment”.

So I guess the first thing is to see if your doctor will support your going off work for medical reasons.  If he does, then I can refer you to a psychologist – I would try to chose one who I think might fit for you.

If your doctor does not support medical leave and you still feel that is necessary, I can refer you to a psychiatrist who would just provide a medical opinion on whether you could work and provide treatment recommendations.  It would mean one, two-hour visit.  I would be clear with him about your concerns with psychiatry and I believe that your concerns would not be well-founded.  There is really no other way to confirm your medical status if your doctor does not agree with time off.

As an aside, it sounds like you may be choosing what you consider to be the “lesser of two evils”, so I still wonder about your ability to participate fully in sessions with the psychologist.  In any case, I would rely on the psychologist’s assessment of whether that was taking place.  I wish there was some way we could help without impacting your philosophical beliefs but I am not sure what that would look like.  The plan document is very clear about appropriate care and treatment.

Please let me know how you would like to proceed.

Sincerely,

Adelle Field BurtonBA BSW CCRC

Case Manager

Disability Benefits Plan of

The Manitoba Teachers’ Society

101-2639 Portage Ave, WPG, MB R3J 0P7

Direct phone:  934-0383

Toll-free phone: 1-866-504-9373 ext.207

Fax: 957-5347

Toll-free fax:  1-866-216-9014

Email: afieldburton@mtsdbp.ca

In October, I had a meeting with Mr. MacNeil, the new principal. Among other things, claimed that the staff found the articles on educational matters that I provided in a binder (and then binders) in the staff lounge to be disdainful. No staff member had ever expressed such a view to me. It was obvious, though, that Mr. MacNeil, thoroughly incorporated into the oppressive school system, had disdain for such articles (especially since some of them were directed against his views–such as his views on the “teenage brain”) (see for example Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Four: Brains, the Body and Intelligence or Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Six: The Reduction of the Nature of Teenagers to Their Brains).

In November 2011, the charges of assaulting Francesca were dropped–with no explanation at all. 

I was to begin teaching an English class and a math class in November 2011, which I did–as well as the grades 6-8 French.

Neil MacNeil, the principal, submitted his clinical supervision report in December, 2011, evaluating my teaching during November and December 2011. I responded with around a 42-page critique, but I submitted it to Roland Stankevicius, a staff officer at the time with Manitoba Teachers Society (and later General Secretary), for comment. He recommended reducing it in certain places (and eliminating all evidently emotional language), so the final response was around 32 pages. Mr. Stankevicius indicated at the time that the clinical supervision report reflected badly–on Mr. MacNeil:

— On Mon, 12/19/11, Roland Stankevicius <rstankevicius@mbteach.org> wrote:From: Roland Stankevicius <rstankevicius@mbteach.org>
Subject: RE: Response to Clinical Evaluation
To: “Fred Harris” <umharri5@yahoo.com>
Received: Monday, December 19, 2011, 9:32 AM

 

Hi Fred,

I have tried to play the role of editor here.  Cut down on the length, improve tone.  The strikeouts should be deleted in my opinion and the yellow highlights added.

You have provided a very scholarly response but it needs to be shortened.  I hope you agree with my suggestions. Please call me over lunch to discuss.

Best to get this put away. You have made your points here.  NM does not look good in a lot of how he states his observations (in my opinion).

I really liked the John Lennon analogy.

Take care,

Roland Stankevicius

MTS Staff Officer

888-7961 ext. 236

831-3069 (direct)

299-6401 (cell)

email: rstankevicius@mbteach.org

(I will be publishing, in several parts, my reply to Mr. MacNeil’s assessment sometime on this blog.) 

However, Janet Martell, the superintendent and Mr. MacNeil had other plans. Mr. MacNeil, Ms. Martell, Leanne Peters, assistant superintendent, had a meeting with Mr. Stankevicius and me on February 13. Mr. Martell mentioned my cancer and my arrest–without Mr. Stankevicius responding at all to this. I was to be put on “intensive clinical supervision”–which meant that I would be put under her supervision–all supposedly to provide supports for my teaching. However, Mr. Stankevicius, a staff officer at the time with Manitoba Teachers Society (and later General Secretary) indicated that it was a prelude to my being fired. The starting date was to be February 14, 2012 (see letter below): 

Fred Harris
Box 473
Ashern, MB
R0C 0E0

February 14, 2012

Dear Mr. Harris:

Intensive Guided Supervision

This correspondence is further to our meeting on February 13th, 2012. Also in attendance at the meeting was Neil MacNeil, Principal, Ashern Central School, Roland Stankevicius, MTS Staff Officer, and Leanne Peters, Assistant Superintendent, Lakeshore School Division. During this meeting, we discussed the need to move you from a clinical model of supervision to the Intensive Guided model as per Lakeshore’s Regulations and Procedures.

This change in supervision is necessary as your competency in providing a quality education to our students has been brought into question and your teaching is deemed unsatisfactory by myself, as determined in consultation with Neil MacNeil. We clarified the procedures and reviewed, in general terms, the elements and expectations of good teaching and professional responsibility. We discussed the opportunity you would have to assist in determining supports required to meet the expectations. The timelines, in a broad sense, would run from today’s date until the end of April 2012. At the conclusion of the timeline, I will convene a meeting of all participants to determine the outcome of the Intensive Guided Supervision. Possible outcomes are as follows:

  • Recognition that the plan to achieve satisfactory teaching was successfully completed, or

  • A recommendation to the Board of Trustees for termination of your contract.

A second meeting has been scheduled for Friday, February 17th at 9:30 a.m. at Ashern Central School to develop a plan for Intensive Guided Supervision. The plan will include:

  • a clear description of the areas requiring improvement,

  • a clear description of the expected changes in those areas requiring improvement,

  • a description of resources available within and outside the division to assist the teacher to improve teaching performance,

  • the timeline for satisfactory improvement to occur,

  • the meeting dates to review progress, and

  • an outline of the evaluation process and timelines which shall be followed, including expected dates of reports, both interim and final.

At this meeting, you will have the opportunity not only for input into the process, but to request clarification of any component of the supervision model, which will ensure you are in complete understanding of the Division’s expectations. If you are successful in meeting these expectations and demonstrate your desire and ability to continue to do so, no further changes in your performance will be necessary.

I am optimistic that regardless of what has happened in the past, progress can be made to the benefit of all concerned.

Sincerely,

Janet Martell

Superintendent/CEO

CC: Personnel file

Neil MacNeil, Principal, Ashern Central School

Leanne Peters, Assistant Superintendent, Lakeshore School Division

Roland Stankevicius, MTS Staff Officer

On February 16, 2012, I had a meeting with Mr. Stankevicius and a lawyer for MTS at the MTS building (McMaster House): 

Marni Sharples <msharples@mbteach.org>
To:umharri5@yahoo.com
Cc:rstankevicius@mbteach.org
 
Wed., Feb. 15, 2012 at 1:37 p.m.
 
 
Thank you!
 
Marni Sharples      
Coordinator, Teacher Welfare
The Manitoba Teachers’ Society
191 Harcourt Street
Winnipeg, MB  R3J 3H2
‘ (204)837-4666 Ext. 239 or 1-800-262-8803
(204) 831-3077 or 1-866-799-5784
8 msharples@mbteach.org
 
 
—–Original Message—–
From: Fred Harris [mailto:umharri5@yahoo.com]
Sent: February-15-12 12:36 PM
To: Marni Sharples
Subject: Re: Meeting – Thursday, February 16th
 
Hello Marni,
 
Yes, I will be attending.
 
Fred
 
— On Wed, 2/15/12, Marni Sharples <msharples@mbteach.org> wrote:
 
> From: Marni Sharples <msharples@mbteach.org>
> Subject: Meeting – Thursday, February 16th
> Cc: “Roland Stankevicius” <rstankevicius@mbteach.org>, “David Shrom
> Received: Wednesday, February 15, 2012, 10:26 AM
 
>
> Dear Mr. Harris:
>   
> On behalf of Roland Stankevicius,
> this will confirm that a meeting has been scheduled for
> 10:30 a.m., Thursday, February 16th in Room A, McMaster House, MTS.
>   
> Please confirm your attendance by
> return email.
>   
> Thank you.
>   
> Marni Sharples
> Coordinator, Teacher
>  Welfare
> The
>  Manitoba Teachers’ Society
> 191 Harcourt
> Street
> Winnipeg, MB
> R3J 3H2
> ‘
> (204)837-4666 Ext.
> 239
>  or 1-800-262-8803
> 6
> (204)
> 831-3077 or 1-866-799-5784
> 8

On February 16, 2012, I had a meeting with Mr. Stankevicius and David Shrom, a lawyer (probably a labour lawyer–he has since been on an arbitration board). Mr. Shrom informed me that the issue was grievable, meaning that the issue could be grieved on the basis of collective agreement provisions (but he did not specify, if I remember correctly, which provisions could be used to justify the grievance). However, he (or Mr. Stankevicius) indicated that, despite being grievable, I would still have to undergo intensive clinical supervision while the grievance was in process. Since I had no further desire to work for Lakeshore School Division (or for that matter any other employer), I decided not to pursue the grievance and made a deal to agree to resign if I was “allowed” to work one day in March to qualify for short-term disability until I qualified for long-term disability;

Bureaucratic Rules for Going on Short- and Long-term Disability 

Fred Harris <umharri5@yahoo.com>
To:rstankevicius@mbteach.org
 
Sat., Feb. 18, 2012 at 9:29 a.m.
 
 
Hello Roland,
 
I received a doctor’s note yesterday for two weeks. I will fax that to the Division office. I also explained to the doctor the situation in relation to std [short-term disability], and he stated that he had no problem with signing another doctor’s note afterwards.
 
What are other conditions for std? Seeing a doctor regularly? Other conditions attached? What is the level of benefits?
 
I understand that I will have to work at least one day in March. In what would that consist? And where? I am unconcerned about the other teachers knowing about the situation–they undoubtedly will be curious. However, I have no desire to see Neil.
 
I do have some questions. Is std to be a bridging gap for ltd [long-term disability]? However, I skimmed through the ltd plan, and a condition for ltd is that the teacher still be employed. If the idea is to negotiate a deal and terminate, then I would not qualify for ltd. So I am unsure of this.
 
I also am wondering about prospects for future employment in other divisions. I would probably start out as a substitute teacher, but then again I do now know how difficult it is to be on the substitute teachers’ list in various divisions. Any ideas?
 
I also, as you know, plan on going to Toronto. Whether this year or next I am unsure. What probable impact, if any, would this have on working in Toronto, at least initially, as a substitute teacher?
Fred
— On Fri, 2/17/12, Roland Stankevicius <rstankevicius@mbteach.org> wrote:

From: Roland Stankevicius <rstankevicius@mbteach.org>
Subject: FW: Lakeshore short term disability insurance (std)
To: “Fred Harris” <umharri5@yahoo.com>
Received: Friday, February 17, 2012, 12:24 PM

Hi Fred, I heard your voicemail message.  I am in the office call if you are available.

Further to the previous email.

The note for next week can be “on sick leave for an indefinite period while under doctor’s care and will be reassessed on 28th February.”

The matter is that you need to be ‘not on sick leave’ for at least a day (at work) on or after March 1st.  It is a bit complicated but basically you will be transitioning from one medical leave to the other and therefore will need a second medical note after March 1st.

Roland Stankevicius

(204) 888-7961 ext. 236

1-866-494-5747 ext. 236

(204) 831-3069 (direct)

299-6401 (cell)

email: rstankevicius@mbteach.org

 

From: Roland Stankevicius
Sent: February-17-12 11:14 AM
To: ‘Fred Harris’
Subject: Lakeshore short term disability insurance (std)

Hi Fred,

I hope your meeting yesterday afternoon went well and I hope that our meeting with David Shrom was helpful as well.

I have some information about the short term disability plan that Lakeshore now has as part of your benefits package.

The Lakeshore STD plan start on March 1st 2012.  It is 3rd party plan through Wawanesa Insurance and they have some very specific requirements.

As a contractual part of the plan you need to be at work (not sick) on or after March 1st  to be eligible for insurance benefits going forward.

So your sick leave needs to be interrupted (be at work) for at least one day (March 1st  or any day thereafter) to apply/be eligible for benefits.

As part of my discussions with Janet (next week), and with your input, we will work this out.

Therefore your sick leave note should be for a period up to February 29th  return to work after that (one day). 

A new sick leave note post March 1st  (for the insurance company) will have you eligible for their benefit after your sick leave days expire.

I’m sure you have some questions about this. Feel free to call on this or any other matter.

Roland Stankevicius

(204) 888-7961 ext. 236

1-866-494-5747 ext. 236

(204) 831-3069 (direct)

299-6401 (cell)

email: rstankevicius@mbteach.org

My email to a doctor involved specifying what was required to satisfy the short-term provisions of the disability program: 

From: Fred Harris <umharri5@yahoo.com>
To: “samy.faltas@hotmail.com” <samy.faltas@hotmail.com>
Sent: Wednesday, March 28, 2012, 02:09:46 p.m. EDT
Subject: Doctor‘s Note
 
Hello Doctor Faltas,
 
I am a patient of yours who saw the psychiatrist, Dr.Morier.
 
Lakeshore School Division requires a doctor‘s note, with two parts to it.
 
The first part should indicate that I was capable of working on March 23 (whether formulated as alternative work or simply as work is your decision).
 
The second part then should indicate that I was not capable of working as of March 26. The MTS representative (union representative) suggested that the wording should indicate that I am incapble of performing full-time teaching duties due to general stress and anxiety (this last wording, he suggested, should also be used for the Wawanesa form when you fill it out after having received the Dr. Morier’s report). Of course, it is up to you how you formulate the note.
 
The note can be addressed as To Lakeshore School Division
 
The note can be sent to the following address:
 
Lakeshore School Division
Box 100
Eriksdale, MB
R0C 0W0
 
If you have questions of the Division, you can phone the Division at 739-2101 and ask for Janet Martell (superintendent).
 
If you have any questions for me, my cell number in Winnipeg is: 951-2764.
 
Thank you, Dr. Faltas.
 
 
Fred Haris

 

Political Lessons to Be Learned

When we look at all these experiences, it can be seen that the government and its representatives in many ways functions to oppress workers and citizens. The left seem oblivious to this aspect of the regular person’s experiences. Indeed, the left’s frequent reference to the solution of “expanded public services,” for many sounds like a call for an expanded system of oppression. Is there really any wonder why workers and citizens have moved to the right in many instances? The left, of course, absolves itself of any responsibility for this turn. It chastises the lower levels of the working class for, for instance, voting for the likes of Trump, while it fails to look critically at its own contribution to the continued oppression of workers and citizens. 

It should be noted that, in some ways, I was a lucky person. I was to receive short-term and then long-term disability. A friend of mine who worked in a private school ended up in the psychiatric ward after suffering constant criticisms from administration and relatively well-off parents. He received no financial help whatsoever. 

Of course, my luck is relative; I would have preferred, of course, not to have had to experience such “luck” in the first place. 

In another post in this series, I will outline the oppression that I experienced while on short- and long-term disability. 

The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process

Relatively recently,  Hassan Yussuff, the president of the Canadian Labour Congress (CLC), wrote an article praising collective bargaining:

Collective bargaining is good for everyone

December 23, 2019

By Hassan Yussuff, as published in the Globe and Mail.  

The holidays aren’t solely about gift-giving and spreading good cheer. Many workers find themselves having to walk a picket line around this time of year.

Everywhere you look these days, teachers, public transit workers, railway and refinery workers seem to be involved in some kind of job action as contracts expire and end-of-year negotiations fail.

It can be frustrating for those affected and may even seem unfair that workers disadvantage the public in pursuit of better working conditions and better wages.

But make no mistake, collective bargaining is a fundamental right that helps ensure workers are getting their fair share. This is especially true when we consistently see certain governments, shareholders and corporate CEOs squeezing workers in order to improve their own bottom lines. “Without the right to pursue workplace goals collectively, workers may be left essentially powerless in dealing with their employer or influencing their employment conditions,” reads a 2015 Supreme Court of Canada ruling upholding the right of RCMP officers to unionize.

Unsurprising that some employers, private interest groups and opinion shapers insist on back-to-work legislation whenever a group of workers flexes collective muscle. But the reality is that work stoppages are a rarity—with almost all collective agreements in Canada reached and renewed without a strike or lockout.

In fact, strikes and lockouts happen far less frequently today than in the past. Days lost to work stoppages in federal private-sector, where CN Rail workers recently struck for several days, are well below levels reached earlier this decade. For instance, in 2019, monthly work stoppages recently dipped to a low of 13 for the entire country. This is well below 2017 and 2018 averages.

Collective bargaining is functioning exactly as intended. Workers leverage their collective strength in order to influence the terms and conditions of their employment. Their efforts to stand up for themselves will often have a ripple effect, improving conditions for non-unionized workers in related industries as well as for the people they serve. When teachers oppose larger class sizes and rail engineers insist on safety improvements, the public directly benefits, too.

The significantly low unemployment rate is also contributing to renewed confidence among workers. More discouraged workers and those overcoming barriers to employment have been able to find work. The number of underemployed workers, like part-timers who prefer but can’t find full-time hours, have ebbed.

This is long overdue. For a decade, young people have been graduating into a high unemployment job market with limited prospects. Women and newcomers to Canada have struggled with a shortage of decent jobs.  While joblessness remains far too high in oil-producing provinces and the Atlantic region (in Alberta, it hovers at a shocking 20% for males under the age of 25), there are gains elsewhere. In Ontario, Quebec and BC, the improving job market has allowed wages to tick up – finally. Since mid-year, wage growth has begun to pick up, averaging over 4%.

During the last ten years of sluggish growth, high unemployment and weak wage gains, typical workers in Canada have seen very little improvement in their wages, adjusted for inflation. Flat earnings are partly responsible for the fact that debt as a share of household disposable income has doubled in the past 25 years. Furthermore, fewer workers even belong to a union at all which often translates in lower earnings and fewer benefits and little recourse to improve matters. Compounded with the rise of the gig economy and with more companies outsourcing work, it’s that much harder for workers to unionize as we are seeing at corporations like IBM and Amazon.

In the meantime, Canada’s top corporate CEOs were paid nearly 200 times what the average worker made in 2017. In 2018, quarterly operating profits reached a post-recession high. Workers have spent the ‘recovery’ simply fighting to hold onto what they have.

It’s not just unions that welcome a stronger labour market and decent wage gains. The Bank of Canada also thinks it’s a good idea. Because inflation remains well under control, it has hesitated to raise interest rates. That’s a good strategy because it helps reduce inequality and strengthens the ability of households to cope with debt, food and shelter costs.

We must all recognize that even when work stoppages do happen, they are simply evidence that the collective bargaining process is working. Despite occasional work-to-rule and walk-outs, this is actually a very good thing because it ensures workers still have a say – as they should.

To be sure, it is generally preferable for workers and their representatives to participate in collective bargaining in order to obtain a collective agreement, but the idealization of the process and the resulting collective agreement, as well as the exaggeration of the fairness of the process and the resulting collective agreement, simply ignores the reality of the power of employers and their representatives (management).

In the article, Mr. Yussuff implies that, through the collective-bargaining process and the resulting collective agreement, workers can obtain their “fair share.” Mr. Yussuff provides no evidence of this. A fair share is presented only in terms of shaping the collective working conditions and wages of workers but not in actually controlling those collective working conditions by those who actually do the work–economic democracy or socialism (see the series of posts on what socialism would like on this blog). Mr. Yussuff ignores the implicit or explicit management rights’ clauses in collective agreements (see numerous examples of explicit management rights’ clauses in collective agreements on this blog, for example, Management Rights, Part Two: Public Sector Collective Agreement, Ontario).

There is obviously a pattern that often shows up in social-democratic rhetoric–how marvelous collective bargaining and collective agreements are (see my criticism of Jane McAlevey’s idealization of the collective bargaining process and the resulting collective agreement on this blog) as well as my review of her book in the Publications and Writings Section of this blog) .

It is interesting that Mr. Yussuff also tries to “sell” collective bargaining and collective agreements by implying that the proper functioning of collective bargaining and collective agreements results in fewer strikes:

In fact, strikes and lockouts happen far less frequently today than in the past. Days lost to work stoppages in federal private-sector, where CN Rail workers recently struck for several days, are well below levels reached earlier this decade. For instance, in 2019, monthly work stoppages recently dipped to a low of 13 for the entire country. This is well below 2017 and 2018 averages.

Collective bargaining is functioning exactly as intended.

At least Ms. McAlevey considers strike activity to often be necessary to back up the collective bargaining process whereas Mr. Yussuff’s more conservative stance considers strikes to be a last-ditch effort to be avoided if at all possible. On the other hand, both her and Mr. Yussuff consider the collective-bargaining process to be somehow capable of realizing fairness at the workplace. How this is in fact the case no trade unionist has ever explained to me in the face of the power of the class of employers.

Mr. Yussuff’s idea that workers should have a say minimizes the need for workers to have the say in their work lives–in conjunction with local communities–and not “a say”–as if they were condemned forever as a junior “partner” in the capitalist corporation.

The conservatism of the Canadian labour movement is astounding–but the left here in Toronto (and probably elsewhere) remain silent about such conservatism–since they share the same assumption of the legitimacy of the collective-bargaining process and collective agreements.

 

Socialism, Police and the Government or State, Part One

Mr. Gindin, in his article We Need to Say What Socialism Will Look Like argues the following:

The expectations of full or near-full abundance, added to perfect or near-perfect social consciousness, have a further consequence: they imply a dramatic waning, if not end, of substantive social conflicts and so do away with any need for an “external” state. This fading away of the state is, as well, rooted in how we understand the nature of states. If states are reduced to only being oppressive institutions, then the democratization of the state by definition brings the withering away of the state (a “fully democratic state” becomes an oxymoron). On the other hand, if the state is seen as a set of specialized institutions that not only mediate social differences and oversee judicial discipline but also superintend the replacement of the hegemony of class and competitive markets with the democratic planning of the economy, then the state will likely play an even greater role under socialism.

I will deal with Mr. Gindin’s inadequate conception of freedom and necessity in a socialist society in a later post that continues a description of what socialist society may look like. Here, I will begin a critique of Mr. Gindin’s idealization of the state when he implies that the nature of the state will expand under a socialist system.

Mr. Gindin, as his typical of his social-democratic point of view, vastly underestimates the importance and nature of the existing repressive nature of any government or state that presupposes the legitimacy of the power of a class of employers. He refers to “superintend the replacement of the hegemony of class and competitive markets” while simultaneously referring to the state as “overseeing judicial discipline.” What would “overseeing judicial discipline” mean in a socialist society? What would “judicial discipline” mean in a socialist society? No one will find an answer to these questions in his article since Mr. Gindin’s reference is simply vague.

Let us assume, however, that by “judicial discipline” Mr. Gindin means “the rule of law.” What does the “rule of law” mean? Many who refer to the rule of law believe that it prevents the government from infringing on the rights of citizens. This is a myth since the rule of law is just as vague as Mr. Gindin’s reference to “overseeing judicial discipline” or even “judicial discipline.”

What is the myth of the rule of law? It is the myth that citizens are somehow protected, by means of the law, from arbitrary actions by government officials of one form or another. The rule of law, rather, is a rule of order. This is the real function of police. The rule of law, for example, is supposed to limit the power of police–but does it?

From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 112-113:

Since, as we have seen, law-enforcement is merely an incidental and
derivative part of police work, and since, as Lustgarten has noted, the police
invariably under-enforce the law, the equation of policing with law enforcement
is clearly untenable.68 The police enforce the law because it
falls within the scope of their larger duties of regulating order which, in
an ideological loop of remarkable ingenuity, is then justified in terms of
crime control and the need to ‘uphold the law’. In other words, law enforcement
becomes part of police work to the same extent as anything
else in which the exercise of force for the maintenance of order may have
to be used, and only to that extent. Police practices are designed to conform
to and prioritize not law, but order, as the judges and police have long
known.69 Law-enforcement is therefore a means to an end rather than an
end in itself, as witnessed by the fact that, for example, police often prefer
to establish order without arrest. The assumption central to the rule of law
that people should not take the law into ‘their own hands’ reminds us not
only that the law is meant to be used and controlled by chosen hands, as
Bauman puts it,70 but that police do in fact handle rather than enforce the
law. The law is a resource for dealing with problems of disorder rather than
a set of rules to be followed and enforced. The kind of police behaviour
which offends the sensibilities of civil libertarians or which seems at odds
with the assumptions in the liberal democratic conception of the rule of
law in fact turns out to be within the law and exercised according to the
need to deal with things considered disorderly. The police follow rules,
but these are police rules rather than legal rules. Thus when exercising discretion,
the police are never quite using it to enforce the law, as one might
be led to believe. Rather, officers decide what they want to do and then fit
their legal powers around that decision. Hence the main ‘Act’ which police
officers purport to enforce is the ‘Ways and Means Act’, a set of mythical
powers which they use to mystify and confuse suspects, and the question
of whether an officer should detain a suspect on legal grounds is displaced
by the question ‘which legal reason shall I use to justify detaining this person’.
Exercised according to police criteria rather than specific legal criteria,
the rules are rules for the abolition of disorder, exercised by the police and enabled by law.

Mr. Gindin’s reference to “judicial discipline” assumes that the judiciary will continue to exist as a separate institution–like now. He presumably also assumes that police will never be abolished since he eternalizes “scarcity” (as noted above, I will criticize this view in another article). With scarcity, there will be necessary some external force to ensure that people who do not follow the (mythological) law will be properly “motivated” to follow not the law but the order of scarcity. Socialism in such a situation will resemble the capitalist order in various ways.

The social implication of the rule of law or “judicial discipline” can also be seen in terms of the effects on how people would feel in Mr. Gindin’s “realistic socialism”–fear. From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, page 113:

‘We fear the policeman’ then, as Slavoj Zizek comments, ‘insofar as he is
not just himself, a person like us, since his acts are the acts of power, that
is to say, insofar as he is experienced as the stand-in for the big Other, for
the social order.’73 And it is because the police officer is the stand-in for
social order that order is the central trope around which even the smallest
police act is conducted. As a number of ex-police officers have testified,
the police themselves are obsessed with order, being institutionalized to
achieve order at all times and in all contexts. Malcolm Young has commented
on how one folder containing a record of the Orders by a range of
senior officers reveals ‘how everything in this world had an ordained place
and could therefore be controlled, ordered, disciplined, checked, scrutinized’.
Likewise ex-police sergeant Simon Holdaway has pointed to the
way prisoners are treated as ‘visible evidence of disorder’. Needing to
detect and end disorder among citizens, the police cannot cope with ambiguity
in any way.74 In dealing with any particular situation a police officer
makes a decision about what, if anything, is out of order and then makes a
decision about how to overcome it. Because each individual officer is institutionalized to achieve order at all times the police institution must have
a strong sense of the order they are there to reproduce, reflected in the
activities they are taught to pursue, the techniques they use in pursuit, and
compounded by a unitary and absolutist view of human behaviour and
social organization.75

The police as the representative of “order” entails not only fear but a need for the expression of deference. From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 113-114:

So for example, failure to display deference to an
officer significantly increases the probability of arrest, for it is understood
as a failure to display deference to an officer’s demand for order. Any hostility
directed to them is treated as an attack on their authority and power
to order, and thus an attack on authority and order in general, mediated by
a supposed hostility to the Law. Antagonistic behaviour is a symbolic rejection
of their authoritative attempt to reconstitute order out of a disorderly
situation; it is this which may result in more formal (i.e. legal) methods of
control.76 Regardless of the legal issues pertinent to the situation, the failure to display deference is therefore likely to make one an object of the law as
an arrested person as a means of reproducing order.

Mr. Gindin’s world of scarcity probably looks a lot like the capitalist world order.

This view is consistent with Mr. Gindin’s conservative attitude–he could not even criticize the conservative pairing of a movement for increasing the minimum wage to $15 and for instituting needed employment law reforms with the idea of “fairness.” He even claimed that the justification by some trade unionists here in Toronto who used the term “decent work” were using it in a purely defensive manner–which is nonsense.

Indeed, the term “decent work” is linked to the repressive nature of the capitalist government or state since those who perform “decent work” in a society dominated by a class of employers can thereby pat themselves on the back while they look down on those who lack “decent work.” From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

The police can easily justify additional resources, including the latest in
protective headgear, because they have a solid populist constituency among
the ‘hard hats’ of ‘decent working people.’ These people have a great stake in
the status quo because they have invested their very lives in it. In relation to
them, the politics of ‘lawandorder’ is part of ‘the politics of resentment.’
According to people who analyse this politics (e.g. Friedenberg, 1975,1980,
1980a; Gaylin et al, 1978) these individuals are apparently frustrated by the
imprisonment of conformity within the status quo. Conformity yields
payouts which they judge to be meager; the payouts are assessed relatively
and thus prove insatiable. These people take out their frustrations against
those contained in the criminal prisons, and against all others who do things,
however vaguely defined, which suggest that they are gaining pleasure outside
conventional channels. For these conventionals, it is better to seek the
painful channels of convention and to avoid pleasures. For this reason, they
support the construction of an elaborate apparatus aimed at ensuring that
those who seek to experience disreputable pleasures and to avoid pain will
eventually, and often repeatedly, suffer pain that more than cancels out their
pleasures. Moreover, it seems that people are willing to support the construction
of this apparatus at all costs.

Mr. Gindin, far from providing a critique of the modern social order, panders to such an order and reinforces the proclivity of Canadians to call for more order (a stronger police presence and a stronger police state). From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

This mythology is so dominant that even when a major crisis
erupts, and the media help to reveal systematic structural flaws in control
agencies, public support for the police remains strong. This is clearly evident
in the continuing revelations about the wide net of illegal practices cast by the
RCMP (see Mann and Lee, 1979). In spite of repeated revelations about illegal
practices against legitimate political groups, illegal opening of the mail, illegal
trespasses and thefts in private premises, and the manufacturing of news
stories to serve its own interests, the RCMP still maintains its popularity in
public opinion polls (ibid). Indeed, some politicians have responded to this
exposure by calling for legislation to legalize previously illegal practices and
for a reassertion of authority within the administrative structure of the RCMP.
As Friedenberg (1980, 1980a) points out, this type of response is typical
of the Canadian reaction to any crisis in authority: ‘The solution for the
failure of authority is more authority …

Mr. Gindin’s view of the future “expansion of the state” simply ignores the repressive nature of the modern state and claims that it merely needs to be transformed. What he means by “transformation” seems, however, to be more of the same–repression, fear, deference. After all, with scarcity, property rights must be protected to ensure that workers are motivated to engage in work (rather than pilfering from others).

Such is the real nature of socialism for Mr. Gindin.

In a future post, I will, unlike Mr. Gindin, continue a critical analysis of the police, the law and the government or state that protects class order–the class order of employers above all.

Of course, workers also call the police in order to protect themselves from each other–to deny that would be naive. That workers experience the police as oppressive does not prevent them from relying on the police to protect what limited rights they do have on occasion–but the extent to which the police and the courts protect workers’ rights should not be exaggerated. Nor should it prevent us from seeing the major function of the police to protect the existing order–and use the law as a means to that end. The primary issue for the police is order–and to seek justifications for maintaining or reestablishing order–including using the law to justify their actions after the fact.