The time of settlements

First, a new video.

On November 7th and 8th my first lawyer and I will have a meeting with the lawyers in the matter of Earl Ray Stevens. This meeting is to see if all sides can reach a final agreement on the matter of an “out of court” settlement.

I don’t know what to expect with this meeting. The lawyer for the defendant in this matter has postulated that by the time Earl Ray Stevens abused me at the Denison Armouries when I was in cadets that I was already “damaged” from the abuse on Canadian Forces Base Namao. He even seemed to have honed in on items from my foster care records that I wasn’t even aware of.

One such thing that he honed in on came about because my lawyer had requested a fresh copy of my foster care records from the Alberta government at the start of this matter. I had never seen the quoted text that the lawyer for the defendant read during the meeting because this was redacted from the copy of the records I had obtained in 2011.

In this formerly redacted section my father had told the psychologist hired by the Canadian Armed Forces in November of 1980 that he blamed my behaviour and the behaviour of my brother on his mother, specifically stating this “his mother was frequently cruel to his children, especially when she was inebriated”.

This by the way is the same mother that Richard wrote out of our family history when he gave his statement to the CFNIS in 2011.

So I’ll have to see what the future holds so far as this settlement goes.

I received an interesting telephone call from my other lawyer on Friday. It seems that the Department of Justice is curious to whether or not I would entertain the possibility of an out of court settlement. As this matter is a class action this would affect all members of the class. we don’t have anything to lose on this.

The DOJ and DND may insist that if we take the out of court settlement that we’d have to agree to be bound by an NDA. This is something that I would have to discuss with my lawyer.

That said, an out of court settlement in the Captain McRae matter from Canadian Forces Base Namao would resolve the matter in a fairly quick time unlike the 10 to 15 years that the DOJ had warned me they would drag this matter out for.

Questions that I would have are would there be any payments towards the families of the victims of Captain McRae and his 14 year old accomplice who committed suicide over the years as a result of the abuse and the failure of DND and the CF to look after the victims properly?

Would all of the surviving victims receive equal payments?

Would DND and the CF reveal the names of all of the children involved and ensure that these victims are made aware of the cash settlement being offered?

Would I be gagged by a Non-Disclosure Agreement much like the 14 year old accomplice agreed to in December of 2008?

I sure those details will be worked out.

The one thing that settlements in both matters allows be to do is to obtain medical assistance in dying in much my original time frame.

It was always my intention to die either in 2023 or 2024.

By going with settlements in both matters I can now rest assured that I won’t be spending the next 10 to 15 years dealing with this crap.

If I apply for medical assistance in dying on March 20th, 2023, it will probably take about 4 to 6 months for me to undergo the psychiatric review that would be required.

There would be a 90 day “cooling-off period”.

Then I would be given my prescription for medical assistance in dying. From what I understand the prescription would be valid for up to one year.

This would put my death into 2024. I’m okay with that. I’ve suffered 40 years so far, another year or two isn’t going to kill me.

Anyways, enough for now.

It’s bed time.

The investigation into the man in the sauna is dead

Okay, here is my latest video. It’s about my meeting yesterday with Captain St-Amand and Warrant Officer Petruk of the Canadian Forces National Investigation Service Western Region.

So, did I do the right thing?

I this video I ponder if I did the right thing and if it was worth it at all.

So, did I do the right thing?

Well, I sure got played for a sucker, didn’t I?

Was it worth it?

Should I just have kept living my life with the opinion of Captain Totzke and my father that I was a homosexual and that I “allowed” the babysitter to molest my younger brother rattling around in my skull?

As my father said, did I go and make things worse by sticking my nose where I had no business to?

Right now it’s seven months until I find out if Parliament will follow through with the recommendations of the committee overseeing further amendments to the Criminal Code of Canada to allow foe Medical Assistance in Dying for mental health issues such as depression.

If you remember, I did submit a brief to the Committee reviewing Medical Assistance in Dying.

https://www.ourcommons.ca/Content/Committee/441/AMAD/Brief/BR11776079/br-external/GarnetBobbie-e.pdf

So, did I do the right thing?

The Department of Justice pt. 1

Just because it says “justice” in the name doesn’t mean that it’s concerned with actual justice.

On Friday May 6th, I was examined by the Department of Justice in preparation for my upcoming Class Action lawsuit agaist the Canadian Armed Forces for the events which occurred on Canadian Forces Base Namao from 1978 until 1980 and then from 1980 until 1983.

One of the issues that the DOJ seems to have is that I have a desire to undergo the M.A.i.D. procedure.

The D.O.J. seems to be of the opinion that I am not a suitable representative plaintiff for this class action matter as I have a desire to die.

Needless to say, my lawyer was a little taken back by this and he objected to counsel even asking me this question.

I had no problem explaining to the counsel for the D.O.J. that I could see myself holding on until the Class Action matter is settled. The D.O.J. wanted to know if that would still be the case if this matter was expected to take 10 years to resolve.

To be honest, I would really like to avail myself to M.A.i.D. much sooner than 10 years. But if 10 years is what it will take to resolve this matter then 10 years is what it will take. This of course means that my mental trauma and mental suffering will have to endure longer than anticipated, but so be it.

I need my name cleaned before I go. Right now I’m still the kid from CFB Namao that allowed, if not encouraged the babysitter to molest his younger brother. According to the military social worker, I was suffering from a mental illness called “homosexuality” and this is why I allowed the abuse to go on for over a year. According to the Canadian Forces National Investigation Service I am a “societal malcontent with an axe to grind against the Canadian Armed Forces”. According to the Royal Canadian Mounted Police I have an “Agenda”. And according to former Minister of National Defence Harjit Sajjan I “have an angle” and I’m playing “games”. And according to the Alberta Crown, what happened on Canadian Forces Base Namao was nothing more than “childhood curiosity and experimentation”.

Now, this isn’t my first tangle with the Department of Justice.

I dealt with the D.O.J. during my appeal to Federal Court to have the 2012 findings of the Military Police Complaints Commission quashed.

It must be remembered that I had absolutely no access to the CFNIS investigation paperwork during the period of the 2012 Military Police Complaints Commission investigation into my complaint against the CFNIS.

During the MPCC investigation the MPCC asked me no questions based upon information that was contained within the CFNIS documents.

So, when I received the un-redacted copies of the CFNIS investigation paperwork in February of 2013 I went through the roof.

So, I should have won right?

Just provide evidence such as emails, documents, and other information that would show that the CFNIS had conducted a very bad and biased investigation and the Federal Court would quash the findings of the MPCC.

Nope, that’s not the way an application for Judicial Review works.

See, any evidence that I provided in court to show that the CFNIS had conducted a laughably bad investigation which was not before the MPCC during its investigation of the CFNIS is considered “New Evidence” and is not allowed.

So, how was I supposed to know what was or what wasn’t before the MPCC? Who knows? Crystal ball maybe?

Sure, I could have filed an Access to Information request with the DND for the CFNIS paperwork for investigation GO 2011-5754, but that would have easily exceeded the deadline for requesting an MPCC review. In 2018, after the conclusion of the second portion of CFNIS investigation GO 2011-5754, I requested the documents from the entire investigation from 2011 to 2018. It took 18 months for the DND to deliver the records to me.

The paperwork that I received in 2020 was redacted to the point of being absolutely useless. Even my own statements to the CFNIS were redacted. What else was redacted from the CFNIS records I received in 2020? My father’s statement, my brother’s statement, the fact that the CFNIS knew that there was a fire in PMQ #26 on June 23rd, 1980. Also, most of the log entries from the investigating officers were removed. In 2011 the CFNIS finally bothered contacting my babysitter and he told them that “anything he was involved with as a youth has already been handled by the military”, that was removed from the records I received in 2020. Also missing from the records I received in 2020 was the statement of a certain Warrant Officer who had stated well before any other victim had been contacted that this case was going nowhere due to a lack of evidence.

Now, you would think that an agency with the word “justice” in its name would be interested in the law and ensuring justice was seen to be done.

Nope. Don’t kid yourself.

The Department of Justice is an agency that is dedicated to ensuring that the Government of Canada is not held responsible for the actions of its departments or its employees.

The Department of Justice is anything but.

During my Federal Court hearing in 2013, the attorney for the Department of Justice didn’t care one iota about what had happened on Canadian Forces Base Namao, nor did she care about how the CFNIS had actually bungled the case, nor did she care about how the CFNIS knew about the direct connection between my babysitter P.S., and Canadian Armed Forces Regular Force officer Captain Father Angus McRae.

In fact, as the D.O.J. represented the DND and the CAF in the civil action between P.S. and the DND, one can only imagine how much information the D.O.J. actually had in their possession related to the actions of P.S. back in 1980. The D.O.J. in representing the DND and the CAF from 2001 to 2008 would have obviously have had access to the court martial transcripts. Court martial transcripts that show that Captain McRae’s defence counsel in 1980 was well aware that P.S. had been investigated by the base military police and that P.S. had been receiving treatment for molesting young children on CFB Namao.

What did the D.O.J. care about during my application for Judicial Review?

Just striking the “new evidence”.

That’s it.

Even though it was public knowledge due to the Lamer Report and the findings of the Somalia Inquiry that the pre-1998 military justice system was a complete shambles, and even though military personnel in the 2000’s and early 2010’s were voicing bitter concern about the inability of the military justice system to function properly, the only concern the D.O.J. had was to demand that the court strike all of the new evidence that I had introduced to show that the CFNIS had conducted a horrific investigation and that the MPCC had conducted a “dog and pony show” review.

The lawyer from the D.O.J. didn’t care one bit about the evidence that I had produced to show that the CFNIS had an agenda right from the start.

So long as my matter stays within the realm of the military and the military justice system, the CAF and the DND get to tell the Canadian public what did or did not happen on Canadian Forces Base Namao.

And this brings us to what happened on May 6th, 2022.

It is readily apparent that the D.O.J. is afraid of me.

The D.O.J. is afraid of the documents that I have, documents that prove with very high probability, that what I contend occurred in 1980 is more than likely what did occur.

The D.O.J. is afraid that my documents also imply that what happened on Canadian Forces Base Namao in 1980 also happened on various other Canadian Forces Base from 1950 until 1998. I don’t mean military chaplains molesting children. I mean commanding officers minimizing or dismissing charges related to child sexual abuse that had been laid against their subordinates.

Don’t kid yourself into thinking that the D.O.J. cares for one minute if I live or if I die.

They only care about the risk that I present to the Department of National Defence.

The D.O.J. has no concern about my desire for Medical Assistance in Dying.

To the D.O.J., my desire for M.A.i.D. is just a fact for the D.O.J. to argue that I should not be allowed to be the representative plaintiff. And by doing so, the D.O.J. can eliminate the threat that the CAF and the DND currently face.

I don’t mean to sound like I’m full of myself.

I went through so much pain from 1978 until 1980 at the hands of P.S. and Captain McRae. I then went through just as much pain, if not more devastating pain at the hands of Canadian Armed Forces officer Captain Terry Totzke and my father, Master Corporal Richard Wayne Gill.

I have suffered greatly since those days plagued with never ending confusion over my gender and my sexual orientation.

I have suffered with very low self-esteem, self-hatred, and a very low opinion of myself.

I have flashbacks of the abuse.

I have suffered with never ending depression and anxiety.

But the one thing that has seen me through is my determination to clear my name.

Being limited with my social skills means that I have no problem dedicating time to researching.

The military justice system prior to 1998 was a disaster.

It was too prone to abuse, it was too easily manipulated.

Commanding officers had way too much power in matters of Criminal Code offences.

Yet no one to date has ever bothered to look at how those defects impacted the children that lived on the bases.

Until now.

And the D.O.J., the DND, and the CAF don’t like this.

For example the DND and the CAF will often parrot that the CAF couldn’t prosecute for “Murder, Manslaughter, and Rape”.

And?

Rape was a crime that didn’t apply to children when it was on the books. Boys couldn’t be raped as far as the criminal code was concerned. And for that matter girls under the age of 16 couldn’t be raped either.

For girls under the age of 16 there were two different charges applicable:
Sexual Intercourse with Female under the age of 14, or;
Sexual Intercourse with Female between 14 to 16.
These were crimes that the military COULD conduct a service tribunal for. And more alarmingly these were crimes that a commanding officer could simply dismiss the charges for.

For boys there were the crimes of Gross Indecency, Indecent Assault, and Buggery. What was a little different for boys though was that the Canadian Forces could only conduct a courts martial if “consent” was a possibility. Consent was the age of 14. But, the commanding officer could simply dismiss any charge for molesting a boy under the age of 14, much like was apparently done in the matter of Captain McRae in the lead-up to McRae’s courts martial in 1980.

And what really scares the D.O.J. is that in civil court all I have to do is convince a judge or jury that what I have to say is more believable than what the D.O.J. will say on behalf of the DND and the CAF. Civil litigation relies on the “preponderance of the evidence” unlike a criminal trial that relies typically on “beyond a reasonable doubt”.

Once my case is settled, the arguments that I made and the evidence that I used will be of public record, freely available for anyone else to use in either their own personal civil action or their own class action.

In a civil action I get to dispense with all of the gobbledygook and legalese that the D.O.J. will undoubtedly use to try to argue that the DND and the CAF acted properly.

Who knew that it would be this hard.

Disposing of a body is harder than one could imagine.

So……

It doesn’t look as if I will be able to donate my brain after my death.

And this kinda saddens me a bit.

I had always envisioned that my brain would serve some useful purpose.

After all I survived:
– sexual abuse
-mental abuse
-physical abuse
-neglect

I have lived with and coped with:
-CPTSD
-Major Depression
-Severe Anxiety
-The effects of military conversion therapy

The thought of death has never been very far.

Depression runs in my family.

And yet not once have I stuck a needle in my arm or snorted anything up my nose or toked on anything. The last time I had a drink was in July of 2011 and even then I was a very infrequent drinker.

I’ve had to deal with personality issues caused no doubt by the various traumas and abuses.

And yet I’ve somewhat navigated life and ended up with stable employment even if it is not at the level of employment that I could have risen to.

This rise is something that I’ve done on my own with absolutely no help from my father or my family. During all of the times I was unemployed in the early ’90s Richard was of no use. Even when I was on Skid Row in Vancouver and Toronto my father was of no assistance.

I did this all on my own.

You would think that research labs would want to know what it was inside my brain that allowed me to go from basically non-functional and requiring psychiatric institutionalization at age 10 to being the Chief Engineer of a hospital at 47.

Nope.

It’s like the field of depression research is oblivious to confirmation bias. By this I mean that researches are obviously looking for answers where they expect to find them, in the brains of depressed people who have not fared well in life. Or the researches go looking for the answers to drug addiction in the brains of those who were abused and who succumbed to drugs and other forms of self medication. They often use the brains of those who have never suffered from depression in their lives as a reference point. And that’s great if you’re only concerned about the two extremes, but it gives you absolutely no data about those in between the two extremes.

Where my body goes after my death? Don’t know really. So long as it isn’t cremated or buried, I’m cool with that.

Medical school would be nice.

But medical schools like UBC pose a problem in the sense that they only take “whole body” donations for their medical students to dissect. If my brain were to be removed immediately after my death, then UBC wouldn’t take my body.

Conversely, no brain research program would take my brain after it had been removed from my skull by medical students.

Now, of course this is all really silly when you think about it isn’t it?

After I’m dead they could launch by body into space and I wouldn’t have the foggiest clue, would I. What they do with my corpse and my brain after I’m dead and gone is really a matter of trust. But still…….