March 30 2007
To: Province of Ontario Ombudsman G. Carlino [email protected]
Lawyer file # 4
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 Your File #189629 Dear Gerry Carlino
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. See attachments dated March 30 2007 to bring you up to speed: Lawyer File # 1: Copy of my letter to Rick Hennesey ORHT Lawyer File # 2: Copy of my letter to Dave Grech, Coordinator-Investigations and Enforcement Unit, MMAH Lawyer File # 3: Copy of my letter to Hon. John Gerretsen, Minister of MMAH. All of the above declined to act and are guilty of an offense under s.206 (1) Tenant Protection Act, 1997 and I requested your office to look into my concerns. On May 31 2006 I wrote your office (see pages 8 & 9) and June 9 2006 Janet Ortved, Early Resolution Officer wrote that my complaint doesn’t appear to be with the ORHT whom you have jurisdiction to review decisions. (see page 10) You will note that my May 31 2006 letter is clearly addressing matters concerning the ORHT.
I wrote her a Dick and Jane on June 13 2006 ( pages 11& 12) hoping that she would Spot the fact that my complaint was with the ORHT among others and since she had the authority to investigate them I suggested she may as well go ahead and investigate. After all it meets the occasion. Janet responded on June 23 2006 (page 13) stating she had now discussed the matter with the ORHT and determined that if there was an offense under s.206 the Tribunal can forward it onto Investigations and Enforcement but they don’t believe there is such an offense in this case. On September 16 2006 I wrote the Ombudsman a 55 page letter where I took excerpts from my BLUE BOOK file and on page 19 I took these excerpts for your information.
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. People are allowed to BELIEVE whatever they like in Canada because it is a Charter right for one reason, and another is, who the hell knows what is BELIEVED for it is an invisible silent thing? When it comes to matters of law I would like to BELIEVE that the government staff is competent in such matters, as society unfortunately has to depend on them. It is only when people act that we know what they BELIEVE and the Tribunal has told the Ombudsman what they BELIEVE and the Ombudsman have informed me what they BELIEVE. They have demonstrated very well what they BELIEVE and it is for that reason I know them to be pathetically incompetent as Hell for BELIEFS do not trump FACTS. Over and over again I have presented the facts to you people who have stood firm with your ignorant BELIEFS and ignore the TRUTH and FACTS which has harmed me and the whole of society. Law and order is an obvious necessity of society because the immoral don’t comprehend the aspirations of God which in simple terms is “DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU” You people have proven well that you are not able to think but put your faith in Trust. Hell, if we could Trust people we wouldn’t need police, armies and courts and if we can’t trust these people we are in very sad shape. The fact is we are in sad shape because of the powers that be. Wars every where and global warming and such. All you people are supposed to be the investigative type but what does the evidence show? Go ahead and try and let me give you a hint. If you ask someone if they are competent and moral they will invariably say yes. 2
Go ahead, go into denial and prove you are still on course to finish us all off. I have provided you irrefutable proof of that which I state and I began with only common sense in the beginning. The course Don Wilson took couldn’t possibly be acceptable in a society under the rule of law as defined in the CONSTITUTION under the CHARTER and every time you people correspond you prove why we are living in Hell on Earth instead of HEAVEN as per God’s aspirations.
Canada is founded on PRINCIPLES that RECOGNIZES the SUPREMACY OF GOD and THE RULE OF LAW
From there and by applying common sense with integrity, fortitude and conviction considering the importance of the task I investigated to identify the pertinent laws which obviously professional people should be cognizant and coherent to their purpose and it is truly sad, frustrating, and nightmarish to find that a member of the public who had a career in another field of endeavor is more competent in every way to do the job as you are intended to do. How much sadder do you suppose it is when you have had your job done for you, walked through it over and over again and you still do not comprehend. Well, call me a foolish IDEALIST who won’t accept REALITY for it is the reality that is not acceptable that steals HEAVEN on EARTH from everyone which must be dealt with. If you are a painter, paint well for the evidence is readily apparent, if you are an investigator you have to do better than well for a crook will do his job well for obvious reason that he doesn’t want to face the reality of being caught. Your actions have proven he has no reason to fear. Given the evidence, Janet Ortved, Early Resolution Officer was provided it is obvious she has no comprehension of how to go about an investigation. If water drops from the ceiling an investigation is called for, for obvious reason and a good job will reveal the source and attentiveness to purpose will stop the water from dripping. If you do not see the leak and continue to believe there isn’t one when you are up to your ass in hot water I suggest you will live in that environment. I have poured the evidence at you and you refused to BELIEVE it was evidence to deal with and now you are up to your asses in it because it was over your heads. If you had looked at it when it was first presented with common sense and given it the thought it deserved you could have saved a multitude of problems, not for just you or I but the whole of society which remains struggling due your ineptness to analyze reality and the significant contribution you have made to the Hell we live in. Your ultimate priority must be to the deterrence of crime and you must understand that victims are not the culprits but wounded messengers and evidence that there is work to be done. They have acted as decoys for you to identify the immoral and all you need do is eradicate them from society and the best way to do that is get to their minds before they harm someone. Punishment is the key, the law is the authority, God and DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU the judge and you, the people who can make it all happen. Reality is WHAT IT IS and it is time you dealt with it accordingly. BELIEVE what you like but it won’t stop coming until it is well over your heads 3
Those who BELIEVE they are excellent speed readers may very well be excellent speed readers and those who BELIEVE they are quick at clearing piles of work off their desks may very well be quick at clearing piles of work off their desks but until you BELIEVE you must deal with the source rather than the symptoms you will always need to be excellent speed readers and quick to clear off your desks. Fix the leak in the boat and spend the rest of your time fishing or forever be a sucker. Anyway the evidence shows the Tribunal’s BELIEF wrong and if Janet was capable as an investigator she would have known that just by looking at the evidence and if she was capable of reasoning for the reason she is there she would know that the person she spoke to at the Tribunal was inept for the same reason. Then Janet reasons with her mind not conducive to reason that she notes that I contacted the Investigations and Enforcement Unit on my own and appear to have received the same response. Janet, the person who responded to my original complaint which I wrote May 31 2006 Re: Ontario Rental Housing Tribunal responded that my complaint doesn’t appear to be with the Ontario Rental Housing Tribunal , states after applying her self a little harder, I would like to BELIEVE, that both the responses are similar The ORHT refused to respond to my concerns and Dave Grech responded to me in a manner which was absolutely incoherent to the FACTS which I presented him but Janet closes the case because it appears to her that both have declined to investigate for sound reason which would be sound to one who doesn’t reason. What the Hell do you suppose I am complaining about? That’s my complaint. Both have declined to investigate for different reasons and I have provided good evidence to reason good but all I get is more reason to reason their incompatibility with reason which has taken me on a trek, so far 19 months to find a person capable of reason within the government. Everyone has enough sense not to reason with a babbling idiot but unfortunately I have proven there was no choice considering the importance of my purpose to benefit society and feel I have accomplished something. It is common knowledge if a drunk wants to become sober he must first admit he is a drunk. Whether he admits it or not he is a drunk and society suffers. Well society is suffering and surely wars and global warming is sobering. I have shown you where the problem lies and, no Janet it doesn’t appear to be because Don Wilson is a liar and a cheat. It is because you are and others who BELIEVE they are right with minds incapable to reason TRUTH. Perhaps you aren’t at all as dumb as I state but you had best BELIEVE that is your best defense for Treason and Conspiracy to rob society blind by blinding them is not something they will take blindly. Now then Gerry, lets have a look at your letter on page 18 dated December 7 2006 which I requested you send after you had phoned me to state that you were continuing the review of my concerns about the ORHT and the Investigations and Enforcement. I immediately fired off an e-mail upon receipt of yours (pages 14- 17) which you have not yet addressed. You have the 73 pages of the letter I sent to the Toronto Sun October 8 2006 so you know the Truth 4
I don’t know if you are alert to the REALITIES of life but I should state what ever there is to be seen will not be seen by one who will not look yet it remains to be seen by everyone, even the blind. I see that those who are rather quick to respond provide superfluous information and those who know the TRUTH and do not respond, are just as superfluous. Only you know the TRUTH about what I asked in my e-mail and by not responding in over 3 months you tell the TRUTH as does one who is quick to tell the TRUTH of their incompetence although neither means to tell the TRUTH. I know well of why I write and you know well why you don’t. One who writes the TRUTH is unencumbered for the TRUTH supports him and one who LIES will support the TRUTH that they are a LIAR and if one will not speak because the TRUTH will prove them to be worse than a LIAR the TRUTH of the REALITY is they have proven themselves to be worse than they can image. I request that you apply due diligence to your responsibility, review all the information I have provided, and react accordingly in the spirit of the spirit of THE LAW. The Constitution Act, 1982, the supreme law of Canada which we are all obliged to abide by including those people who are of different BELIEF. You are guilty of an offense under 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
There are other matters concerning my Charter rights under the Constitution Act, 1982 which must be considered. 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. Perhaps it’s the fact that there are so many inconsistencies with the Tenant Protection Act, 1982 that the government doesn’t want the people to know about that has caused all my problems. 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. Nothing the various provincial offices have done seems Constitutional all favoring immoral. What kind of a system have we got here in Canada where the law favors the immoral? Obviously we will never accomplish a moral society with the system that is in place now, which is not with the spirit of THE LAW at all. All things considered it seems this is the reason you and the ORHT have caused me so many problems to get a relatively simple matter addressed.
Anyway, I request you to review your response in a diligent manner and respond promptly.
Thank you Frank Gallagher PS What ever issues you feel are not your concerns it would be quite helpful if you steer me in the proper direction. I don’t mean for you to steer me to a lawyer because I and all moral law abiding taxpayers have paid plenty already for the legal system considering we finance the system for you to serve us not the immoral who most likely do not pay their share. If it wasn’t for the immoral we wouldn’t need the whole system in the first place. I remind you that you are purported to be competent to think and you have been financed to do so for the benefit of all the people of society and REALITY is every where to be addressed regardless if I address them or not. Every last word I have written since I began my trek to seek out someone who can be trusted in the government must be addressed until we can trust everyone.
For those who think REALITY escapes me I take the opportunity while I can to state that my writings are everywhere and I am an old 64 and you all have the opportunity to bring the TRUTH forward and you all are implicated if something other than natural happens to me. In such an eventuality you would be as responsible as who ever caused it for it is quite predictable if not one of you acts as you have been mandated and trusted to do. That you will have for the rest of your lives upon the burden you carry now and as for me my destiny is certain one way or another. C’est la vie
I request you deal with all matters including those in the following files attached
Lawyer File # 1: Lawyer File # 2: Lawyer File # 3:
You may not have the authority to deal with some of these matters as you have previously stated but you do have access to those people that do have and I expect you to act in a manner in support of the people you purport to represent who definitely support you financially. Get into the spirit of the spirit of the Constitution and we will all benefit.
People who faithfully believe in God Do unto others as they would have them do unto them People who would have you believe otherwise Are not the people you believe they are Unless you believe otherwise Who ever the hell otherwise is Now I lay me down to sleep If I should die before they wake I pray to the Devil Give them back their souls That he did take. Amen
To: Ombudsman of Ontario
Fax: 416-586-3485 and
To: Whom it may concern
From: Frank Gallagher 34 Riverglen Drive Keswick,Ontario L4P 2P8 [email protected]
Fax 905-476-8959 May 31 2006 Re: Ontario Rental Housing Tribunal Order Under Section 69 Dated August 8 2005) (Copy attached) Tenant Protection Act, 1997 File Number: TNL-67103 Frank G. Gallagher (Landlord) Vs Don Wilson (Tenant) Don Wilson was ordered to leave my premises on August 18 2005 but did not remove his office furniture and vacate until August 24 2005. He was ordered to pay me $9964.70 + $26.30 per day starting August 9 2005 $ 9964.70 $ 420.80
16 days at $26.30 per day =
Total owing = $ 10385.50 + 4% interest annually commencing August 18 2005 ******************************************************************************************** As of this date Don Wilson has refused to pay. I want my money please ******************************************************************************************** It is ordered 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord, on or after August 19 2005. On August 19 2005 I went to the Court Enforcement Office, but staff refused to obey the order unless I cough up $330. Don Wilson has ignored the order to vacate and pay me the money owed for rent and why not? Even the Court Enforcement Office ignored the order and attempted to extort $330 from me. During the proceedings of the Ontario Rental Housing Tribunal I proved that Don Wilson(Tenant) fabricated his dispute in its entirety and also committed fraud by signing two agreements with me with a false signature and then denied having ever seen these agreements dated April
13 2005 and May 6 2005. (It is all on disk) I have brought this matter to the attention of the Ontario Rental Housing Tribunal, the Investigation and Enforcement Unit, the York Regional Police, the Ontario Provincial Police and the Royal Canadian Mounted Police. They have all concluded that there is nothing that they can do about this situation. I have concluded that my rights guaranteed under the Constitution Act, 1982, Schedule B, Part 1, Canadian Charter of Rights and Freedoms have been violated. Not only have my rights been violated but they have been guaranteed to be violated according to the laws and policy which govern the above departments. The correspondence I now hold between myself and the departments mentioned prove that, beyond any reasonable doubt. I do not take this personally and am quite sure that every law abiding citizen and tax payer can be assured that their rights are being violated equally and the departments are unanimous in their application of policy to do so. It would be unreasonable to assume that the Constitution Act, 1982, which is the supreme law of Canada was written to guarantee that the morally deprived would be protected from the justice of the moral majority and yet the administrators of the Act have done exactly that. Ask any police officer. They know the difference between common sense and the interpretation of the law upheld by the courts of Ontario. They will tell you of their frustration if asked. I have informed all the major newspapers in the greater Toronto area and my MP, Peter Vanloan. The Canadian Federation of Taxpayers and the Churches. The three major federal parties and the Prime Minister. The Attorney General and the Governor General. The Armed Forces and many more. They don't care. Ask the people, the moral majority should care Sooner or later they will know.
What part did you play? Frank Gallagher
December 7 2006 To: Ombudsman Gerry Carlino Investigator [email protected]
] From: Frank Gallagher 34 Riverglen Drive Keswick, On L4P 2P8 [email protected]
Dear Ms Gerry Carlino Thank you for letting me know that you are continuing with your review of my concerns with the ORHT and the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing.
It has been over two months now since I last wrote the Ombudsman about their refusal to investigate my concerns regarding the ORHT and the Investigations and Enforcement Units failure to deal with my concerns. I was wondering why after all this time you gave me a call today to inform me that you were continuing to review my concerns? Please write me the circumstances which brought this matter to your attention. A lot has happened since I last wrote the Ombudsman so I am forwarding you a 73 page letter which I sent to the Toronto Sun dated October 8 2006 which contains the evidence that I provided at the Tribunal hearing. When you review this evidence you will know that the ORHT and Dave Grech of the I & E Unit were more than negligent in their duties. The ORHT not only declined to investigate but they removed part of the conversation from the recording of the first day of the hearing June 30 2005. THAT IS TAMPERING WITH EVIDENCE. The second day of the hearing July 28 2005 was not recorded. WHY?
When you read Dave Grech’s response dated September 6 2005 you will wonder what the hell he is stating. He can not be that incompetent. (pages 67 & 68) When you read the response from the Hon. John Gerretsen dated September 26 2006 you will wonder why he has Hon. before his name. (pages 72 & 73). They are all guilty of an offense under the Tenant Protection Act, 1997 section 206(1)6 i
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
I EXPECT THEM TO BE CHARGED WITH THAT OFFENCE. When you have read all the documentation I have forwarded the Ombudsman you will know that my concerns are of a very serious matter regarding the inconsistencies of the Tenant Protection Act, 1997 with the Constitution Act, 1982 This I suspect is why the ORHT and Dave Grech of the Investigations and Enforcement Unit and the Hon John Gerretsen have obstructed my attempts to bring this matter forward. You will also be aware that the correspondence I received from your office is not indicative of a competent investigation authority. It has been more than 16 months since Don Wilson committed his fraudulent acts at the ORHT hearing and I have worked night and day in an effort to see that he gets the punishment due him. During these months as I corresponded with various levels of government it became apparent that the peoples’ guarantee of their Charter Rights and Freedoms are not being protected as guaranteed and in fact the evidence clearly shows that the government does not have a modus operandi in place capable of backing the guarantee. This is all detailed in my writings which I have provided to the Premier, Dalton McGuinty, my MP Peter Van Loan, my MPP Julia Munro, the Ombudsman, Dave Grech of the I & E Unit and Hon. John Gerretsen Minister of Municipal Affairs and Housing, the YRP and the RCMP. There are matters concerning time limits when legal proceedings must be commenced and in some of the matters I addressed the limit is 2 years. The various departments have already wasted 16 months and time is of the essence.
The various departments will be held responsible where the time limits lapse to file the pertinent charges. Any further delays are incomprehensible. Any further demonstrations of incompetence are also inexplicable. Every issue I have addressed in my writings are the concerns that must be dealt with. All non compliance with the Constitution Act, 1982 must be addressed. I expect you to commence your investigation focused on getting the proper charges laid against Don Wilson and those who have obstructed the peoples’ Rights for justice which will take you to the ORHT, the Ministry of Municipal Affairs and Housing, the legislature and the Attorney General Michael Bryant. When I say FOCUSED I mean so WITHOUT BLINDERS ON. There are many issues and many additional charges to be laid regarding the failure of the various government departments to put a system in place to protect the Canadians’ Charter Rights and Freedoms. Deal with them and it should lead to a PUBLIC INQUIRY. I reiterate the importance of applying due diligence to your investigation with particular attention to demonstrate the competency of the Ombudsman. I suggest you use this opportunity wisely; An excellent show now will go along way to erase the past from memory. I remind you that the Ombudsman is purported to be an independent body at arms length from the government and must be perceived to be so by the people. There is no better way to be perceived than to be so. In this regard your investigation will be scrutinized and there are many questions that must be asked and many to be answered. I highly suggest you document your investigation well with due regard to time and date. As I stated earlier I will be forwarding you the 73 page document I sent to the Toronto Sun dated October the 8 2006 along with other material I have provided to the Ontario Civilian Commission on Police Services on and since November 15 2006. This material further details my concerns and the issues which must be dealt with by the authority with competent jurisdiction which I presume concerns the Ombudsman. I presume the Commission is also an independent body at arms length from the government.
I will be forwarding a copy of this letter to Sheldon Prior, Case Manager of the Commission. I highly suggest that you touch base with him before you commence any action so as not to interfere or cause any detriment to his investigation. This should be a team effort for the benefit of all Canadians. I presume he has already been in touch with your office initiating your phone call to me today. I reiterate my earlier request to Please write me the circumstances which brought this matter to your attention. I remind you as I have all others in my correspondence regarding these concerns that it is all your responsibilities to deal with these matters in a competent manner as the people of Canada depend on you as a team to provide a system capable of backing the guarantee of the Charter. WE ARE NOT PLAYING SIMON SAYS. Keep your priorities straight and remember this.
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.
This is not a game and it affects all the people of Canada. I thank you for your attention to my concerns and I remind you that they are the concerns of all Canadians which of course include you and you and you..
Frank Gallagher PS I am available at your convenience to clarify or provide any more documentation you may require in these endeavors. E-mail is my preferred choice of correspondence. Please see attachment, Part 1 of the document to the (Toronto Sun 36 pages) The last 37 pages will follow under separate cover.
Cc Sheldon Prior, Case Manager Ontario Civilian Commission on Police Services 17
-----Original Message----From: Gerry Carlino [mailto:[email protected]
] Sent: Thursday, December 07, 2006 10:40 AM To: '[email protected]
' Subject: FW: Your complaint
______________________________________________ From: Gerry Carlino Sent: Thursday, December 07, 2006 10:34 AM To: '[email protected]
' Subject: Your complaint Further to our telephone discussion of today's date and your request that I communicate by e-mail, please be advised that we are continuing with our review of your concerns about the Ontario Housing Rental Tribunal and the Investigation and Enforcement Unit of the Ministry of Housing. Please do not hesitate to contact me if you have any questions. Thank you Gerry Carlino