March 30 2007
To: Province of Ontario
Dave Grech Coordinator Investigations and Enforcement Unit Fax: 416-585-6464
Lawyer file # 2
From: Frank Gallagher 34 Riverglen Drive Keswick, On. L4P 2P8 [email protected]
Part 1, Canadian Charter of Rights and Freedom
Canada is founded on PRINCIPLES that RECOGNIZES the SUPREMACY OF GOD and THE RULE OF LAW 52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. 31. Nothing in this Charter extends the legislative powers of any body or authority. 32. (1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Re: ORHT FILE TNL-67103 Dear Dave Grech As you are aware, on June 30 2005 my former tenant Don Wilson committed 2 counts of fraud over $100,000 and 1 count of filing false and misleading information over $43,000 at the Ontario Rental Housing Tribunal which Nancy Fahlgren presided over. I had requested that you commence proceedings in these matters but you declined to do so for irrational reason in your response September 6 2005 (see pages 4 & 5). I wrote you on several occasions in an attempt to communicate your incoherence to the facts and in fact I drove down to your office one day but you were unavailable to see me so Roel Pascual met with me who I provided with a prodigious amount of evidence to give you including a copy of the recording of the June 30 2005 hearing but you remain steadfast in refusing to respond.
You are aware I have since corresponded with many other government departments because I have kept you up to speed with the BLACK BOOK dated September 1 2006 and other files including the 73 page letter to the Toronto Sun dated October 8 2006 which you can also find on my web sites. BLACK BOOK http://groups.google.com/group/black-book WHISTLE BLOWERS http://groups.google.com/group/whistle-blowers There are a few other sites there in my groups which you may be interested in.
I have made great effort to get one of the government offices to pursue this matter but as they have all declined to act in the public’s best interest I have no choice but to pursue the matter myself.
I request that you review the evidence and respond accordingly in the spirit of the spirit of the Constitution as intended. You are guilty of the offence s.206 (1) of the Tenant Protection Act, 1997
Tenant Protection Act, 1997 Offence 206 (1) Any person who knowingly does any of the following 6. Harass, hinder, obstruct or interfere with a landlord in the exercise of, i. securing a right or seeking relief under this Act or in the court, or (2) Any person who does any of the following is guilty of an offence: 1. Furnish false or misleading information in any material filed in any proceeding under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister. Don Wilson filed false and misleading information, s.206 (2) namely the dispute dated June 10 2005 which he filed with the ORHT which is why the Tribunal hearing commencing June 30 2005 was necessary. I remind you that he did not submit one piece of evidence to support his dispute and I provided a preponderance of evidence to support that which I state.
Re: Lawyer File # 1 - ORHT – Rick Hennessey Regional Manager Dated March 20 2006 I have requested Rick Hennesey, Regional Manager of the ORHT to tend to 4 issues on page 4 of the file which follows this fax. Under the Tenant Protection Act, 1997 s.202 the Minister appointed you to head the Investigations and Enforcement Unit of the Ministry of Affairs and Housing and you have been mandated to monitor compliance with the Tenant Protection Act, 1997. (See copy of letter from John Gerretsen dated September 26 2006 attached pages 6 and 7) I had requested the Minister to review your September 6 2005 decision (pages 4 and 5) but he didn’t see any reason to revisit your decision as he has confidence in your professionalism and expertise. As you know I do not share his confidence but he has clearly stated you are in charge of monitoring compliance with the Tenant Protection Act, 1997 so I request you to commence or cause to commence proceedings with respect to Rick Hennessey, Regional Manager of the ORHT and Nancy Fahlgren who refused to commence or cause proceedings against Don Wilson who filed a false and misleading information which is an offense under s.206 (2) 1of the Tenant Protection Act, 1997(see pages 5, 6, 7 Lawyer File # 1) By not doing so Rick Hennessey has obstructed my rights as a landlord which is an offense under s.206 (1)6.i of the Act. Someone or some people from the office of the ORHT are guilty of tampering with the evidence as I have stated which seems like a criminal Act to me but whatever it is I request you to deal with this matter and I request you to report to me as to why there was no recording of the second day of the hearing July 28 2005. I have also addressed certain issues which must be dealt with under the Constitution Act, 1997. The ORHT is operating under the Tenant Protection Act, 1997 in a manner inconsistent with the Constitution Act, 1982 in matters regarding interest which I have addressed in said Lawyer File # 1 I have also addressed the two counts of fraud which were committed in the ORHT building right in front of the judicator Nancy Fahlgren which she was quite aware of as she witnessed it. She has failed to report the crime which is a rather serious offence in my opinion considering her to be a representative of the law and we people must believe that criminal acts do not have sanctuary in our public buildings used for administering justice. Right is right and wrong is wrong whether or not you can find the words in the Act for you must observe the rules in the spirit of the Constitution Act, 1982 as well as in the letter and then you must address the Tenant Protection Act, 1997 for inconsistencies with the Constitution. I suggest you heed the following words. The following was extracted from the Law Society of Upper Canada Lawyers Rules of Conduct.
(103) Interpretation (f) rules of professional conduct cannot address every situation, and a lawyer should observe the rules in the spirit as well as in the letter.
I request immediate response as to your receipt of this letter .and timely response on the other matters Thank you Frank Gallagher 3