Learning Stories
by
Mario deSantis

mariodesantis@hotmail.com

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I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country.” - -The Rt. Hon. John Diefenbaker, Canadian Bill of Rights, 1960

The whole judicial system is at issue, it's worth more than one person.”--Serge Kujawa, Saskatchewan Crown Prosecutor, 1991

The system is not more worth than one person's rights.”--Mario deSantis, 2002


Ensign Stories © Mario deSantis and Ensign

 


Back on December 30th I read the headline reported by injusticebusters.com: "Justice prevails over malicious cop, therapist and Crown!" It took twelve and half years of tribulations, public harassment and humiliations; in the end justice has prevailed and we must thank Justice George Baynton for this judgment against Crown prosecutor Matthew Miazga, police superintendent Brian Dueck and child therapist Carol Bunko-Ruys.

We must not forget that the Saskatchewan government and justice system includes many more Miazgas, Duecks, and Bunko-Ruys. However, a new beginning of social justice is springing up in Saskatchewan and we look forward to further victories over other malicious prosecutions; and in this respect, the Sterlings and Leon Walchuk cases come to my mind.

Justice George Baynton concluded in his judgment that the Klassen/Kvello families were maliciously prosecuted when they were originally charged with satanic and sexual abuse against children. I have partially read the judgment but I want to provide below some excerpts of Justice Baynton’s judgement since the understanding of these excerpts have a universal significance in our social and economic relationships:

[6] …Throughout the lengthy trial, the images I was given of the case before me were ones of minute detail. It appears that during the investigation and prosecution of the case, the defendants focused on the minute detail and never stood back to view the case in full perspective. Had any of them done so, I would not be giving judgment in this case…

[11] The recantations and the recent testimony of the [R.] children also demonstrate to Social Services officials, workers and personnel, as well as to police officers and prosecutors, the real threat to society of overzealous child protection responses fueled by politically correct or trendy ideologies of the day that are relied upon as a justification to overrule objectivity, reason, common sense and tested and tried legal traditions…

[21] … Until a person, even a child, begins to take responsibility for his or her actions, there is little likelihood that long-term therapy or counselling will be of much benefit. In my respectful view, this case demonstrates that the years of therapy the children received from Bunko-Ruys, provided them with few lasting benefits. Instead, it appears to have harmed them.

All of our relationships can be metaphors of each other, and whatever understanding we find in the justice system so we find the same understanding in our social and economic relationships. In Justice Baynton’s judgment we have the emphasis of the contextual understanding of events over the minute details of these events, the emphasis of objectivity as expressed by common sense and tried legal traditions over political correctness or ideologies, the emphasis of self responsibility over imposed influence from others.

Thank you for your civility and common sense Justice Baynton, and let us hope that other authorities can become civil and have common sense once again.

References

injustice busters Justice prevails over malicious cop, therapist and Crown! December 30, 2003 http://www.injusticebusters.com

CBC News Family calls for full public inquiry after authorities found guilty of malicious prosecution December 30, 2003 http://www.cbc.ca/stories/2003/12/30/abuse031230

The Law Society of Saskatchewan JUDGMENT BAYNTON J. December 30, 2003 http://www.injusticebusters.com/2003/JUDGMENT/Judgment1.htm

CBC-The Fifth Estate The Scandal of the Century http://www.cbc.ca/fifth/featurestories/scandal/index.html