Search This Blog

Google Translate! Google Traducir! 嘗試“谷歌翻譯” ! "محاولة "مترجم جوجل! Попробуйте "Google переводить"!

Sunday, March 25, 2012

Team Canada female athletes disqualified from Commonwealth silver medal, jailed Chinese democracy activist awarded with Nobel peace prize, and others in between (Part 6) — when law and justice reinforce the authorities

When Sergeant Brian Cotton and his companion from Royal Canadian Mounted Police’s University Detachment showed up at my apartment in the afternoon of November 30, 1992, it was a surprise I hadn’t expected.
Since eviction from my former office at University of British Columbia’s Computer Science Department on July 2 by RCMP, I hadn’t returned to UBC campus. From time to time I did make phone calls to a few former colleagues to continue discussing my dispute with Computer Science Head Maria Klawe over her controversial management style – including her handlings of a tenure-track offer to faculty candidate Pascal van Hentenryck and a tenure-track application by me – but these were specific persons who didn’t show a problem with it. An exception was when once or twice I reached Department administrative manager Carol Whitehead – someone mentioned in Part 4 of this article – close to Head Klawe.
In fact, when I heard the door knocks I thought, “Here comes the Vancouver Police”. I was on hold on the phone with Canadian Broadcasting Corporation’s Vancouver TV station, and several days earlier CBC had threaten me with a criminal charge for “harassing” them if I didn’t stop phoning about removing Prime Minister Brian Mulroney from the national leadership as called for in my press releases. Both my apartment and CBC Vancouver were in Vancouver Police jurisdiction.
Sgt. Brian Cotton said that RCMP hadn’t heard from me since I left UBC in July and would like to see how I was doing. So I invited the two officers in.
I told them that following RCMP advice I hadn’t been back to UBC and was focusing on a civil lawsuit to resolve the dispute so there should be no concern. Cotton seemed to concur, but showed curiosity that I was on the phone, so I said I had been seeking publicity for my lawsuit and was on hold with CBC.
Sgt. Cotton frowned, saying, “Is that how you spend your time?” I responded that it was not only about the lawsuit but about some important issues regarding Prime Minister Brian Mulroney’s leadership.
Sgt. Cotton asked if he could speak to the other person – I told him it was a news producer – on the line, I said I was on hold so he asked for the phone number and redialled, and someone answered and spoke with him, miraculously – the CBC phone holds for me typically lasted as long as I waited, and redialling would only lead to a new hold before I had a chance to say something.
After the phone conversation, Cotton turned to me and said that CBC had asked me not to phone them or I could get a criminal charge. I replied that I understood but there were urgent issues about PM Mulroney’s leadership that needed attention.
Sgt. Cotton then said, “You need to come with us for a psychiatric assessment at UBC Hospital.”
I was taken aback, and responded that I had not been back to UBC, was perfectly normal as assessed by private psychiatrist Dr. Ronald Remick in April while still at UBC – mentioned in Part 4 – and it made no sense for RCMP to interfere with my publicity efforts when Vancouver Police did not intervene.
Sgt. Brian Cotton said he would insist so I asked, “Do I have to?” He replied, “You have to. It’s a request from Justice Pamela Kirkpatrick of the B.C. Supreme Court.”
It’s a shock to me! Justice Pamela Kirkpatrick was just the wife of my former UBC senior colleague David G. Kirkpatrick who had been a mentor during my 4 years there, consulted by me on various issues including in my dispute with Head Klawe for which he contributed insightful clarifications. But as discussed in Part 4,  in the end Kirkpatrick, and especially his new associate Jack Snoeyink and former graduate student Andrew Martin, had crucial roles in things sliding toward negative for me.
Still, I continued to trust David, and after my July 2 eviction the first lawyer I visited, a female associate as I recall by the name of Mary at the law firm of lawyer David Gibbons, was referred by Pamela. It was in early July, and the thriving, family-type clientele there in Gastown in downtown Vancouver didn’t show off the colorfulness of a prominent lawyer whom a decade later was blamed by RCMP Deputy Commissioner Gary Bass as a main obstructionist to its investigation of the Air India bombing case from 1985, that Gibbons – not publicly named – had prevented his client suspect, both of whom since died in 2004, from cooperating with RCMP as it would be bad for the lawyer’s business. (“RCMP Boss Talks About Defence Lawyers Hampering the Air India Probe”, by Kim Bolan, January 8, 2011, The Vancouver Sun; and, “Trial faced ‘major setbacks,’ RCMP boss says”, January 8, 2011, Vancouver Sun).
In early July David Kirkpatrick at first said things were now out of his hands, suggesting that private psychiatrist Ronald Remick had encouraged me to file a lawsuit. I tried to reach Remick but he was out of town so I asked only for sleeping pills from his stand-in, (the late) Dr. Kristin Sivertz of St. Paul Hospital. Then David gave me the referral to Gibbons law firm, and in a later phone conversation informed me of Pamela’s pending promotion to become a B.C. Supreme Court Justice, to sit in New Westminster just southeast of Vancouver.
When I came to UBC in 1988, Pamela Kirkpatrick was a practicing lawyer with the law firm McCarthy & McCarthy, and in 1989 was appointed a Master of B.C. Supreme Court in Vancouver, dealing with routine chamber matters (“Nine lawyers named to new judicial group”, by Larry Still, September 22, 1989, The Vancouver Sun).
That was a time of national mergers for Canadian law firms.
In 1988 when he was part of Prime Minister Brian Mulroney’s entourage to celebrate U.S. President Ronald Reagan’s upcoming retirement, Mulroney’s financial trustee and tax lawyer Bruce Verchere was identified by the media only as an attorney with the Montreal law firm Verchere, Noel, Eddy (“Gala guests feted in style”, by Bob Hepburn, April 28, 1988, Toronto Star). But as journalist Stevie Cameron’s book, Blue Trust: The Author, the Lawyer, His Wife and Her Money also noted, in 1989 Verchere merged his firm of 22 lawyers with the 116-lawyer Calgary law firm Bennett Jones to become Bennett Jones Verchere, a major national law firm under his “taxation expertise” (“Bennett Jones joins eastern law firm”, November 1, 1989, Calgary Herald; and, “Book Reviews”, ed. by Franki Elliott, Vol. 24, No. 4, 1999, Canadian Law Libraries).
As a result of this 1989 merger Bruce Verchere had taken under his wing Calgary lawyers like John Major, whom was then appointed by Mulroney to the Supreme Court of Canada on November 13, 1992 as in Part 5.
After Pamela Kirkpatrick moved to B.C. Supreme Court in 1989, in February 1990 her law firm McCarthy & McCarthy in Toronto and Vancouver merged with Clarkson Tetrault in Ottawa and Montreal to become the largest Canadian law firm, McCarthy Tetrault with more than 450 lawyers (“Lawyer quits firm over misuse of funds $200,000 paid to numbered company”, November 13, 1990, The Globe and Mail; and, “Law firms’ merger trend gains”, by Jeff Adams, January 5, 1991, Calgary Herald). It was from this law firm in August 1992 Concordia University counsel Richard Beaulieu sent a controversial threatening letter to engineering professor Valery Fabrikant days before the latter’s murderous rampages – a letter that may have contributed to stimulating Fabrikant’s violent urge according to an independent review quoted in Part 5.
Thursday, November 26, 1992, was when CBC first threatened me with a criminal charge if I continued phoning about deposing Mulroney, and my response was that in that case I would expose the issues in the criminal court.
It turned out that the next day, Friday, November 27, was the official start of Pamela A. Kirkpatrick as a Justice of B.C. Supreme Court (“Current Justices of the Court of Appeal”, The Courts of British Columbia). I had no idea of the coincidence, but on Saturday phoned David Kirkpatrick about the latest feedback from CBC – Pamela was there and I told her about the CBC warning.
So in this context it wasn’t only the timing of RCMP Superintendent D. G. Cowley’s promotion in November 1990 that coincided with a political ‘crackdown’. Ms. Kirkpatrick today sits on British Columbia’s highest court, Court of Appeal, where there is also Harvey Groberman who – as in Part 5 – in November 1990 was a B.C. government lawyer working with Supt. Cowley to end native blockades.
Thus the unexpected demand from RCMP Sgt. Brian Cotton on November 30, 1992, if not thought of as a ‘betrayal’ like with David Kirkpatrick at UBC, was certainly more powerful than I could free myself from. But I didn’t have that degree of sense yet, still optimistic that a psychiatric assessment would easily clear me like earlier with Dr. Remick so I should be back that evening to continue with publicity attempts against Brian Mulroney’s leadership.
Strictly speaking, the RCMP did not show anything that Justice Kirkpatrick acted in an official capacity to compel me to take a psychiatric assessment, but I decided to cooperate as it was clear that RCMP could take a further step of who knew what if I didn’t. There was a coincidence that Justice Kirkpatrick was appointed to the Westminster courthouse which supervised suburban cities south of Vancouver, including Richmond where the provincial courthouse had jurisdiction over the UBC area.
Before leaving, Brian Cotton showed interest in the papers lying on my dining table doubled as a desk, so I gave him a copy of my fax to Member of Parliament Kim Campbell that morning – my press releases and a cover note. Cotton also had his fellow officer take a peek into the bedroom.
Once outside, I noticed that Cotton and his companion had arrived in separate unmarked police cars and he now sent the other officer to another duty.
Over a decade later when I reviewed RCMP personal-information disclosure in 2003, I began to suspect that in that afternoon of November 30, 1992 when Sgt. Brian Cotton sent his Constable companion to another duty, they were attempting to intercept the fax I had sent in the morning to the local constituency office of MP Kim Campbell.
Here is one crucial piece of evidence supporting this scenario. The November 1992 press releases sent to MP Kim Campbell and disclosed by RCMP in 2003 are not from the copy I had given to Brian Cotton, but from the copy received at Kim Campbell’s office, as the bottom of every page bears a line of marking from my fax at “9:47” that morning, where “BROADOAKS” was the fax shop at Broadway and Oaks Street not far from my apartment. At the top-right corner of each page of the press releases there is a date-stamp,
“Attached To
Nov 30, 1992”
The stamp denoted the press releases as attachment to the fax cover note, which was a brief letter to Kim Campbell. I didn’t use that kind of stamp and obviously the fax service wouldn’t tamper with the client’s document, so a question is whether Kim Campbell’s office or the RCMP stamped them. That RCMP has a copy from the fax received isn’t a surprise, as it will be explained later that a copy was officially forwarded to RCMP. But if it was an RCMP stamp then on that same day RCMP got hold of a copy right away.
In the second RCMP personal-information disclosure in 2008, I found a page the content of which has been withheld, but which has a date-stamp of the same type,
“Attached To
Nov 18, 1992”
So my conclusion is more likely it was an RCMP date-stamp, but only ‘more likely’ because November 18, 1992 happened to be the day when Justice Department filed a Statement of Defence – as in Part 5 – to counter my lawsuit claims so this ‘blank’ page could have come from Justice Department’s Vancouver office, whilst Campbell happened to be Justice Minister, and her MP office also could use the same kind of stamp.
In Sgt. Brian Cotton’s car as he was about to drive towards UBC, I suggested that we instead go to Vancouver General Hospital only a few blocks from my apartment. I reminded him that my pending lawsuit against UBC and RCMP meant taking me to UBC Hospital would be a conflict-of-interest situation for them.
Cotton replied that it had already been arranged at UBC, and then placed a call in his car to the office of Albert McClean, UBC Associate Vice President in charge of legal affairs, to ask for direction for after arrival at UBC Hospital. Recall as in Part 5, McClean had investigated my grievance against Head Klawe on behalf of UBC President David Strangway prior to my job’s end on June 30 and my eviction on July 2, so now the entire table including the top level of UBC was turned against me.
Once at University Hospital – UBC Site, events were recorded in the records for my emergency admission and start of psychiatric committal.
At the emergency department with the RCMP officer present I went through waiting and various interviews for about 3 and 1/2 hours before being committed into a psychiatric ward after two doctors, Dr. Alexander Bruce Morrison, emergency physician (normally on duty at the hospital’s Shaughnessy Site), and psychiatrist Dr. Patricia Luz Testa Schwartz, wrote the necessary medical certificates under the B.C. Mental Health Act.
My attending hospital was considered voluntary as the Nursing Assessment noted, but the psychiatric committal was not. The Mental Health Act required any committal of longer than 48 hours to have two medical certificates state that in the professional opinion the patient had a mental illness, and that involuntary hospitalization was needed for the protect of the patient or others.
Dr. Morrison’s certificate stated:
“Feeling of Persecution. He’s been threatening people with violence.”
Dr. Schwartz’s certificate stated:
“He has been “very stressed” since he lost his job last July. He feels there is a conspiracy against him by Brian Mulroney & that he has been “framed”. He has been harassing C.B.C. trying to get his story in the news. Over the weekend he made threatening calls to colleagues.”
Both certificates marked that I was brought by a police officer “under the provisions of Section 24(1) of the Act”, which I believe was an older version of the current Section 28 (1) outlining the conditions under which a police officer could “apprehend” and “immediately take” a person to psychiatric examination.
But at no time had I been “apprehended” by Sgt. Cotton.
As demonstrated in Part 5, in my fax cover note to MP Kim Campbell I had alleged a political persecution, likely from PM Brian Mulroney due to my criticism of his leadership and call for his removal. I also expressed a similar feeling in my phone calls to former colleagues and my conversation with Justice Kirkpatrick.
But had I been harassing CBC? That was the assertion of a CBC executive producer.
Had I been threatening anyone with violence? Absolutely not, if anyone felt threatened it would have been over my intent to expose a “conspiracy”.
The “collateral info” from RCMP officer Brian Cotton and police file put it this way:
“Last few weeks has been repeatedly contacting colleagues by phone to discuss this conspiracy. Also recently has been ‘harassing’ the CBC News to get media coverage for his plight. In addition, now believes that the conspiracy is originating from Brian Mulroney as Pt. has been sending the CBC a number of ‘press release’ criticizing the PM and his policies. Pt. apparently was told by an executive producer at the CBC on Thurs that his situation ‘was not top priority news’, and was warned that if he continued to harass them, the police would be contacted.”
Note that the CBC warning of involving the police was given on Thursday, i.e., November 26, the day before Ms. Kirkpatrick officially became B.C. Supreme Court Justice. RCMP made it clear that it was “Madame Justice Pamela Kirkpatrick” who communicated with RCMP over concern for safety of others:
“On Saturday, called the home of his colleague in Comp Sci Dr. Kirkpatrick; happened to speak with his wife – Madame Justice Pamela Kirkpatrick – and told her that he was going to do something that would make media headlines. Apparently Ms. Kirkpatrick was concerned somewhat about the safety of her family & the safety of other faculty members, & police were informed. In addition, the Comp. Sci. building was closed down over the weekend in light of the potential threats.”
But what was the source of the allegation of violence that caused such “concern” about safety of others, which the medical doctors took for facts?
It was the same old UBC incidents – particularly on March 16 – as discussed in Part 4, involving heated arguments with persons like instructor Vince Manis and graduate students Christopher Healey and Andrew Martin. Here is the RCMP info regarding that history:
“Well until earlier this year, when noted to make a few aggressive & compulsive gestures towards other faculty members in the Dept of Computer Science at UBC. Police has a statement from another faculty member dated Mar 16th, in which Pt. walked past him, swore, then threw a coffee cup for no apparent reason. Pt. then pushed faculty member, who was urged by colleagues to file a formal complaint with police, so this had occurred previously but had not been officially documented.”
As I recall that would have been Andrew Martin extending his arm to block my path as if to pick a fight after I had tossed out water in my coffee mug but not toward him, and I pushed his arm away to walk past.
In Part 4 some email exchanges with various Computer Science persons have been discussed, most noticeably those dated March 16 with Chris Healey. Did I appear aggressive or use foul words in some of them? Foul words were used, but in the proper context of the political situation I was only expressing anger in a righteous manner, without the intent of aggression or violence.
But my temper tantrums, provoked by certain UBC persons with grievous agendas, were then used as the pretence to involve the police and to falsely accuse me as violent and mentally ill. As in Part 5, Cpl. Nancy McKerry and her RCMP superiors further fabricated facts and redefined the incident of my July 2 arrest to perpetuate the myth of mental instability and potential violence – partly at the urging of UBC to heighten the fear and bundle me with multiple murderer Valery Fabrikant of Concordia University in Montreal.
What else was new in Justice Kirkpatrick’s concern for “the safety of her family & the safety of other faculty members” as referred to in a quote above? Not that I am aware of regarding me, as I had known Mrs. Kirkpatrick since 1988 and was never given any impression of concern. On the other hand, as noted earlier in August her former law firm McCarthy Tetrault’s Richard Beaulieu had sent a threatening letter to Valery Fabrikant on behalf of Concordia University that may have helped trigger Fabrikant’s violent urge – a real source of concern.
But UBC would go to great length to suppress the wrong person, using a fake doctor’s referral to make the psychiatric committal appear legitimate: Dr. Morrison stated in the Emergency Record and Admission Note that a “Dr. J. Linesley [?]” phoned in a message to refer me to psychiatry in arrangement with a Computer Science faculty member. I had no knowledge of such a doctor, my family doctor was Dr. James Lai, and UBC had no right to impose a medical referral from a doctor who hadn’t seen me.
Another major concern is the Admission Note’s stating that on Wednesday, i.e., November 25, I had found out that my “Professor of Philosophy” father in China was hospitalized for “heart disease”. Father and son were now both hospitalized – father had to in China but that didn’t mean son had to in Canada.
As indicated in Part 5, RCMP Commissioner Norman Inkster has just been acclaimed INTERPOL president on November 10 – the same day when I first sent out press releases – after a Chinese candidate had withdrawn in his favor, and Alberta Justice John Major had just been appointed Supreme Court of Canada Justice on November 13, who happened to share his annual birthday with my father and share certain law firm connection with Mulroney the public were not aware of.
“Paranoid ideation” appeared to be what RCMP officer Brian Cotton alleged from the outset as recorded in the Admission Note, and so the main diagnosis was “Paranoid Delusional Disorder”, with differential diagnoses of “manic depression”, “adjustment disorder”, “schizophrenia” and “organic psychosis”.
That would mean a lot of life-endangering, false medical disease hunts.
Fortunately, after my transfer to the psych ward the diagnoses there eased considerably. The psychiatrist who interviewed me first at Ward 2 West, Dr. Peter Chan, gave his diagnosis as “Delusional Disorder, Persecutory Type”, clearly identifying it with my political mindset, which might not have perceived reality correctly but to an intellectual professional was not “paranoid” as to RCMP.
Nonetheless, I was prescribed the anti-psychotic medication Haldol that had very discomforting and risky side effects, and Ativan to counter some of them.
I was then interviewed by the ward’s supervising psychiatrist, Dr. Laura Chapman, who immediately tried to increase the severity of the diagnosis:
“This man is suffering from a psychotic illness which appears to be most probably a Delusional Disorder of persecutory type with a differential diagnosis of Schizophrenia.
He has persecutory delusions relating to the Head of Computer Science – Dr. Crowley who he believes dismissed him unjustly. He has the desire to “retaliate” stating he will do so by notifying the media of her “wrong doings”, notifying his MP and also his lawyer. He believes Dr. Crowley has been harassing him by sending the RCMP to his home.”
A delusional disorder was likely a temporary mental misperception of reality, but schizophrenia was a disease of the brain that normally couldn’t be cured and the psychiatric means could be permanent to override my political interests against my “desire”.
Was that Dr. Chapman’s honest medical opinion? Her note above didn’t show anything medical about the situation, with her diagnosis based on what I desired to do politically, all peaceful and within my rights to do: contacting the media, my Member of Parliament and my lawyer.
Was her diagnosis of possible schizophrenia politically motivated then?
There are signs in these notes to suggest so. Sgt. Brian Cotton had misquoted Computer Science Head Dr. Maria Klawe’s name as “Dr. Maria Calway”, and here Dr. Chapman referred to Dr. Klawe as “Dr. Crowley”. But there was no one of such names I knew of, and a UBC department head had no power “sending RCMP” to my home.
On the next page of notes Dr. Chapman wrote:
“– collateral: RCMP & Dr. Cowley.”
Again there wasn’t a Dr. Cowley, but as discussed in Part 5 RCMP Vancouver Subdivision commander in 1992, Superintendent D. G. Cowley, was involved in decisions against me, particularly over my civil lawsuit filed in October.
So it looks like Dr. Laura Chapman misused a name referring to the authority, and that is now very revealing: she kept the option of “schizophrenia” diagnosis open likely at a request from a higher political level, probably through Supt. Cowley, so that more permanent psychiatric means would be available for political suppression.
Dr. Chapman then made a phone call to Staff Sergeant (J. B.) Jansen of UBC RCMP, whose “collateral info” also confirmed the political motive of this RCMP-led psychiatric intervention.
So-called“quasi-violent” behavior on campus was the reason RCMP went to my apartment according to S/Sgt. Jansen, behavior such as throwing an ashtray at someone -- These had been the same kind of allegations from March, and reviewed by Cpl. McKerry prior to my July 2 arrest and then by Jansen on August 25 who concluded it was essentially a civil dispute, as in Part 5. As for the ‘ashtray’, I didn’t smoke and had none.
Jansen admitted there were no weapons in my apartment, no restraining order against me, and he was not aware of any specific threat against others –- In that case, Jansen’s conclusion in August was right that my situation was unrelated to Valery Fabrikant’s at Concordia University and shouldn’t be stretched further into this psychiatric intervention.
Jansen stated I phoned CBC frequently, and phoned UBC Computer Science Department members who “apparently “welcomed” these” –- So clearly I only kept contact with former colleagues who “welcomed” it, and the “violence” allegations were from some others to smear me politically.
Jansen said I phoned Justice Kirkpatrick, and that I accused PM Mulroney of retribution:
“Feng was talking about PM Mulroney being involved in a conspiracy & that P.M. was personally involved in taking retribution on him.”
That I think was the real reason RCMP officers suddenly went to my apartment on November 30 after I had faxed documents critical of Mulroney to MP Kim Campbell.
Jansen stated that it was RCMP decision for “hospitalization for assessment” on my “level of agitation”:
“Feng’s level of agitation has ↑ over past 2-3 mo
∵ RCMP felt that hospitalization for assessment was warranted.”
As the earlier quotes have shown, RCMP officer Brian Cotton and possibly Supt. D. G. Cowley wanted real psychiatric diagnoses and got them.
Two days after my initial psychiatric committal, Pamela Kirkpatrick’s November 27 appointment as B.C. Supreme Court Justice was officially reported on December 2, as announced by Justice Minister Kim Campbell (“2 city women among 3 judges to be sworn in to B.C. Supreme Court”, December 2, 1992, The Vancouver Sun):
“Pamela Kirkpatrick, is appointed to the court in New Westminster. She replaces Justice Thomas Fisher, who has become a supernumary judge, meaning he hears cases on a part-time basis.
…
The appointments, which pay an annual salary of $147,800, were announced in Ottawa by federal Justice Minister Kim Campbell.
Kirkpatrick graduated from the University of B.C. law school in 1977 and was called to the bar a year later. She practised with the law firm of McCarthy and McCarthy before she was appointed a Supreme Court Master three years ago. Masters preside in chambers hearings.”
Besides supressing my accusations of Prime Minister Mulroney in a political scandal, blocking my civil lawsuit was another RCMP objective, which Supt. Cowley had expressed on October 14 as in Part 5.
Dr. Alexander Bruce Morrison’s notes on November 30 recorded that I had contacted my lawyer over the weekend – the same weekend when I spoke to Justice Kirkpatrick about political persecution in a “conspiracy” – who then spoke to UBC lawyer but the latter instead accused me of threatening UBC staff.
So now on December 3 my lawyer Brian Mason received a phone call, and a letter on December 4 from Dr. M. O. Agbayewa, Officer-in-Charge at UBC Hospital Department of Psychiatry, to notify him of my involuntary committal, noting that I could appeal to a Review Panel:
“We must, of course, discharge him if a Review Panel or other legally constituted body orders his discharge irrespective of our perceptions regarding his readiness for community care. Dr. Gao has been made aware of his rights to appeal the Medical Certificates to the Review Panel …”
On the day of this December 4 letter from UBC Hospital to my lawyer, RCMP S/Sgt. (Norman) Medley who had signed for Supt. D. G. Cowley on October 5 to terminate the investigation for my public complaint about the July 2 arrest as in Part 5, now added a footnote to that document:
“Dec – 4 1992    – update of civil suit.”
Obviously UBC Hospital had up-to-date consultation with RCMP about me. There was no other lawsuit activity given my committal.
The mental-health laws were not Brian Mason’s specialty and I was short of money, so I applied to Community Legal Assistance Society and B.C. Civil Liberties Association and was appointed Bert Haughian from CLAS and K. Turkson from BCCLA as my advocates, who were given record access by Anne McCarthy in Dr. Agbayewa’s office on December 17, a day before the panel hearing on December 18.
In the meaning time, I tried another to way to counter the psychiatric oppression, by writing a letter to Member of Parliament Kim Campbell – possibly also addressing her as Justice Minister – to complain about it as political persecution from the Mulroney government.
Dr. Peter Chan recorded on December 7:
“Faxing letter to Kim Campbell, delusions of persecution by ‘political higher powers’ and ‘the government’ involved in conspiracy to keep him here.”
To this day I have not been able to locate a copy of this second letter to Kim Campbell in any of the personal-information disclosures, unlike with my November 30 fax which the RCMP later disclosed a copy to me in 2003. I recall that this December 7 letter was faxed to lawyer Brian Mason who immediately forwarded it to Kim Campbell’s local MP office.
Dr. Chan’s interviews also touched on personal issues, such as personal friendship, or the lack of:
“– Friends:
                     :

– Girlfriend:
                       :
not difficult to get along with others
but hard to become ‘deeply involved’ with people

lasted 4-5 years in China, began age 20
ended because Feng moved.
– Canadian citizen since July/92”
My complaint about political persecution targeting me aside, some of my criticisms of Prime Minister Mulroney’s approach to constitutional reform have been reviewed in my 2009 blog posts on Canadian politics, where I discussed the disagreeing perspectives between Mulroney and his Constitutional Affair Minister Joe Clark (“The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 9)”):
“In spite of its shortcomings, the Pearson accord was an important milestone in the Canadian constitutional saga: as the first constitutional agreement – since the failed Meech Lake accord – between the federal government and all provinces except Quebec, all territories and official aboriginal representatives, it greatly surpassed the Meech Lake accord and opened new horizons; it would significantly extend the 1982 Constitution – which did not have Quebec’s consent either – albeit somewhat unconventionally in its enshrinement of specific rights for specific ethnic/cultural minorities; most importantly, the Pearson accord was only a blueprint to be revised and refined by an expected first ministers conference to reach a final accord.
But prime minister Brian Mulroney was not that happy that an accord was reached with him away at the G-7 summit in Munich, Germany, although it was not unexpected to him that the premiers were – in his words – going “to effect a compromise situation”; he was described as “taken aback”, especially that the accord included a Triple-E Senate (really a 2.5-E Senate as previously discussed) when he had made clear that it would not be his choice, be it Equal or Effective (as in real Senate power); according to a press story, former Australian Prime Minister Robert Hawke had convinced Mulroney that a powerful Senate could paralyze the House of Commons.”
Mulroney’s personal supervision of the final constitutional negotiation, turning the July 7 Pearson Accord reached under Clark which Quebec was not part of into the August 28 Charlottetown Accord with Quebec in the agreement, had a sabotage role as I felt in November 1992.
As in my blog post, B.C. MP Chuck Cook in Mulroney’s Tory party had openly expressed fear of Mulroney’s machination:
“Chuck Cook, Tory MP for North Vancouver, B.C., became openly critical of both Mulroney and Bourassa for what might be in the works between them, saying he was “scared to death”:
“I’m scared to death of this,” Cook (PC-North Vancouver) said. “I fear what Mulroney and Bourassa will come out with. I fear it could blow the whole agreement apart.”
… ”
An episode of events in Quebec during the Charlottetown constitutional referendum campaign from September to October 1992, then showed that despite the Charlottetown Accord being touted as a major concession to Quebec and a credit to Mulroney’s leadership, some important Quebec negotiators felt it was sabotaged.
This episode also had an eerie air of coincidence to what would happen to me later on November 30.
A phone conversation between Diane Wilhelmy and Andre Tremblay, Quebec constitutional-affairs officials under Premier Robert Bourassa, was leaked to the media. It was very critical of the final negotiation and certain negotiation tactics, using words like “national disgrace” and “humiliation” to describe what happened to Quebec at the negotiating table. Their laments included calling Ontario constitutional-affairs official David Cameron “profoundly hypocritical”, who curiously happened to be anti-corruption journalist Stevie Cameron’s husband. Before the phone conversation was widely reported in Quebec, a lawyer for Wilhelmy applied to the court to prevent its publication.
The press ban attempt didn’t succeed but the lawyer, Gerald Tremblay, was with the same law firm where Concordia University counsel Richard Beaulieu was, and B.C. Supreme Court Justice Pamela Kirkpatrick had been, i.e., McCarthy Tetrault (“The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 3)”):
“If one wonders whether Brian Mulroney was mindful, then and later, of how some Quebecers loathed David Cameron’s role in the 1992 Charlottetown constitutional process, and of the fact that Cameron’s wife Stevie Cameron was a journalist-author writing about corruptions in his government, one can take note of the following fact which seems to have been overlooked: Mulroney not only publicly acknowledged during the October 1992 referendum campaign for the Charlottetown accord that the prospect of its passing was hurt by the Wilhelmy affair, but when the Airbus Affair became the top news story in November 1995 partly thanks to publicity from Stevie Cameron’s second bestselling book, On the take: crime, corruption and greed in the Mulroney years, Mulroney would choose lawyer Gerald Tremblay of the law firm McCarthy Tetrault as his lead lawyer for the $50 million defamation lawsuit against the RCMP and the Canadian government – the same lawyer previously representing Diane Wilhelmy in September 1992 trying to get a court injunction to prevent the phone conversation tape (and its transcript) from being aired by the media in Quebec (a partial transcript quoted above had been published in Ontario).”
As the above quote indicates, Gerald Tremblay later became Mulroney’s lawyer in the 1995 Airbus Affair.
But unlike with the Wilhelmy affair, I didn’t attempt to air criticisms of Mulroney’s constitutional-affairs conduct until after the Charlottetown Accord had been defeated in the October 26 national referendum.
The choice of University Hospital – UBC Site, for the RCMP-led psychiatric intervention despite my suggestion of Vancouver General Hospital contradicted the alleged basis of the use of involuntary psychiatry, namely that I was threatening UBC staff with “violence”. Shouldn’t I be kept far away from that university then?
There might be a more malignant agenda behind the apparent contradiction. by December 9-10 I was allowed to walk around the campus as no violent intent was observed, but with a precautionary reminder not to go to Computer Science Building. Visiting the main library I ran into David Kirkpatrick, namely husband of Justice Pamela Kirkpatrick, and as cautioned I didn’t go to Computer Science Building.
I recall David Kirkpatrick saying to me at the time that I should accept what had happened.
But what kind of arrangement was it, that someone persistently accused by certain others in a university department as having had “violent” or “quasi-violent” behavior and a source of concern for violence like a murderer had done at another university, would be brought to the campus as a psychiatric patient against his will “for the safety of others”, where he could walk around, and even go to that department against psychiatrists’ advice had he chosen to?
In my mind it was an escalating ‘trap’ possibly to activate ‘institutional violence’ against me: had I gone to Computer Science Building it would have generated a harder complaint by some about the ‘danger’; given my status as an involuntary mental patient brought in by police in consultation with a court justice, ‘electroshock’ could be next.
A modern version of that, a police taser, as discussed in Part 5 killed Robert Dziekanski on October 14, 2007, who looked “largish” but turned out to have a “pre-existing heart condition” (“Report Following a Public Interest Investigation into a Chair-Initiated Complaint Respecting the Death in RCMP Custody of Mr. Robert Dziekanski: Appendix T – Medical Assessments”, Commission for Public Complaints against the RCMP).
In November-December 1992 my father had been hospitalized for “heart disease” as per the UBC Hospital notes, so the scheme was more than “hypocritical” but could be diabolical.
It begs the question of what the factors were behind the politics that made it so nasty in the preference of some persons, when it wasn’t even a matter of violence but management behavior and political-leadership conduct in my perspective.
In Part 3 I have outlined intriguing cases of deadly violence in my environments dating back for many years, including with victims in the UBC Computer Science community: the unresolved murder of Rick Sample in 1989, and later the brutal murder of Martin Frauendorf in 1993. But I have not presumed these deaths to have direct relations to the politics of my focus.
There were however, unbeknown to me, additional political intrigues beyond UBC and RCMP when in October 1992 I switched to the venue of civil legal action.
I went through many Vancouver law firm from July through September before meeting lead lawyer Brian Mason of Maitland & Company, who was essentially the only one to agree to do it – with RCMP also as a defendant at the advice of some lawyers I had met.
On October 6 on our way to file the lawsuit, Mr. Mason who had UBC double-major degrees in Math and Physics mentioned with great conviction a favourite scientist of his, Richard Feynman. I was familiar with Feynman’s role inquiring into the 1986 Space Shuttle Challenger disaster but not with his involvement in the Manhattan Project developing the atomic bomb, and I didn’t know that Mason had worked at Atomic Energy Canada Limited – like former UBC Computer Science Acting Head Jim Kennedy and later Mulroney’s financial trustee and lawyer Bruce Verchere as in Part 4 – though only as a summer intern in the year Feynman received Nobel Prize in Physics. (“Richard Feynman and the Challenger Explosion”, in Melvin Joesten, Mary E. Castellion and John L. Hogg, The World of Chemistry: Essentials, 2007, Thomson Books; and, “Brian Alan Mason”, Maitland & Company)
Afterwards, I said to Mason that my priority now was to get publicity for the lawsuit, as I viewed it as a management-style issue and I also had opinions about Prime Minister Brian Mulroney’s leadership which I wouldn’t mind also raising.
Mason responded that he had represented a lawsuit against earlier B.C. Premier Bill Vander Zalm’s former principal secretary David Poole, and it was a front-page story. But he quickly added that I would have to do my own publicity, and I replied that my goal was only to get it into the serious news section.
I knew who David Poole was, not because I had a former UBC Computer Science colleague by the same name, originally from Australia via University of Waterloo in Ontario, who back in 1988 was a fellow new faculty member with me, incoming Department Head Maria Klawe and her husband Nicholas Pippenger.
But I didn’t know that the 1987-89 case Brian Mason represented, on the sideline of the Canada-U.S. softwood lumber dispute, was the first public challenge to Bill Vander Zalm’s premiership, featuring former cabinet minister Jack Kempf as a star witness and including then B.C. Deputy Attorney General Ted Hughes as a defendant (“Vander Zalm lied on talks, Kempf charges”, by Keith Baldrey and Phil Needham, November 25, 1989, The Vancouver Sun):
“Premier Bill Vander Zalm lied publicly about not knowing of “secret” talks between former forests minister Jack Kempf and a U.S. lumberman on lumber tariffs and ordered an investigation that was nothing more than a “charade,” B.C. Supreme Court was told Friday.
…
Asked by plaintiff’s counsel Brian Mason if he could comment on Kuehne’s testimony without breaching cabinet confidentiality, Kempf said: “Cabinet confidentiality be damned.
“The premier and cabinet knew about my calls to and from Mr. Kuehne. I’m sure that (David) Poole (Vander Zalm’s principal secretary at the time) knew because he sat in on practically every cabinet meeting - so much for confidentiality.
“To emphasize my point, the premier on a TV newscast lied to the people of B.C. with respect to not knowing of my conversations on the phone and of a meeting in Mount Vernon with Mr. Kuehne.”
The testimony went far afield of the issues in the trial, defence lawyer Peter Butler complained, but B.C. Supreme Court Justice Lloyd McKenzie allowed Mason to elicit the evidence.
Mason is representing Peter Griffiths, a former independent logging operator who wrote a freelance column on forestry in Equity magazine from 1984 to 1987.
Griffiths claims he was defamed in statements by Poole to the press alleging he was misrepresenting himself as Vander Zalm’s personal emissary while monitoring the softwood-lumber dispute between the U.S. and Canada. Griffiths also claims deputy attorney-general Ted Hughes tried to restrict his access to the premier.
…
Vander Zalm asked then-attorney-general Brian Smith to obtain details about the alleged secret negotiations and report back to him with any recommendations. Smith directed Hughes to conduct an informal investigation.”
As if an ominous sign for my case later, the Ted Hughes portion of the legal claims was quickly dismissed by the court, and the entire lawsuit was subsequently dismissed in late 1989 after all the media publicity.
Ironically, when Premier Vander Zalm – an ex-Mayor of Surrey where not only RCMP Cpl. Nancy McKerry as in Part 5 but lawyer Brian Mason were residents – was then embroiled in the Fantasy Gardens scandal over the private sale of his family’s Richmond theme park to Taiwanese Filipino tycoon Tan Yu, and resigned in late March 1991 after some of his business practices were publicized, a key factor forcing him to step down was a critical investigation by Ted Hughes, the first Conflict-of-Interest Commissioner Vander Zalm had recently appointed on October 1, 1990. (“Conflict launches Hughes’ new career”, by Vaughn Palmer, October 2, 1990, The Vancouver Sun; and,“Ex-premier holds his ground; Vander Zalm says Hughes’ investigation was ‘intimidating, strange’”, Keith Fraser, February 3, 2012, The Province)
Vander Zalm was outed by Chinese Canadian realtor Faye Leung for pocketing $20,000 small cash for the multi-million dollar deal. At the time Leung was near bankruptcy, under pressure from an RCMP fraud investigation and from a lawsuit initiated by her former business partners Chien Hsuing Lin and Chung Chu Lin, which forced the money for her share of the Fantasy Gardens sale commission to be sent to the court instead. (“Faye's fall: Ambitious real-estate agent hustled the deal of a lifetime, then saw her career crumble”, by Gordon Hamilton, February 16, 1991, The Vancouver Sun; “The much-commended and mercurial woman who has plenty to say about B.C. Premier William Vander Zalm and his involvement in Fantasy Gardens is proud of her connections Agent cherishes role of ambassador”, March 25, 1991, The Globe and Mail; and, “The rise and fall of Bill Vander Zalm”, by Ken MacQueen, March 30, 1991, The Gazette)
The Lins’ lawyer who launched the lawsuit on October 10, 1990 was Scott Griffin, who kept a low profile in court proceedings and in the media but in fact was with Justice Kirkpatrick’s former law firm McCarthy Tetrault: for example his address for his clients in the Van's Nurseries Inc. v. Leung case at the B.C. Court of Appeal, heard in court on August 20, 1992 – around the time when McCarthy Tetrault’s Richard Beaulieu in Montreal sent a controversial threatening letter to Valery Fabrikant as in Part 5 – was #1300, 777 Dunsmuir Street, Vancouver, which has long been McCarthy Tetrault’s address in Vancouver.
That was curiously interesting, because from my knowledge visiting Vancouver law firms in 1992, #1300 is an office tower’s 13th floor which many of the Vancouver Downtown office towers skipped due to ‘bad luck’ superstition; but apparently McCarthy Tetrault liked Number 13.
At the time I was familiar with the Bill Vander Zalm-Faye Leung-Ted Hughes stories as in the media, but not the Jack Kempf story lawyer Brian Mason had tried to get out, or any McCarthy Tetrault connection to the Vander Zalm saga.
I was also aware of a claim by then B.C. Lieutenant Governor David Lam, another famous Chinese Canadian, that if Vander Zalm hadn’t resigned he was prepared to fire the premier at that point (“Former B.C. Premier Bill Vander Zalm defines ‘unrepentant’”, by Vaughn Palmer, February 11, The Vancouver Sun). After my July 2 eviction, UBC Faculty Association’s vice president for legal affairs suggested that I take my grievance further to the Lieutenant Governor in his role as Visitor to the university by British law. I tried and had a phone conversation with Mr. Lam’s executive secretary whose name I recall as John Roberts, who let me know that Lieutenant Governor Lam typically would not intervene in cases like mine.
Another provincial organ at which I filed a grievance was Ombudsman’s Office, which at the time had its first woman at the helm, Ombudswoman Dulcie McCallum (“Our Honorary Patrons: Dulcie McCallum, Shelagh Rogers, Margaret Trudeau”, British Columbia Division, Canadian Mental Health Association ), and that office quickly determined that my case fell outside its jurisdiction.
Both attempts were found futile prior to the October 1992 filing of my civil lawsuit.
As in the above quote, in the 1989 legal litigation against David Poole by independent logging operator and journalist Peter Griffiths, Poole’s side was represented by lawyer Peter Butler, who was a flamboyant business lawyer at Farris, Vaughan, Wills & Murphy, one of Vancouver’s oldest elite law firms.
By late 1991 Peter Butler became Bill Vander Zalm’s defence lawyer and in late June 1992 – days before my UBC eviction – won an acquittal from B.C. Supreme Court Associate Chief Justice David Campbell for a criminal charge stemming from the Fantasy Gardens scandal, the first “breach of trust” charge for any premier in the British Commonwealth. (“Ex-B.C. premier not guilty Vander Zalm no criminal: judge”, by Ken MacQueen, June 26, 1992, The Spectator).
In October 1992 UBC chose Farris, Vaughan, Wills & Murphy as its lawyer, after lawyer Brian Mason and I filed my lawsuit. UBC’s statement of defence was filed by Jack Giles, a lawyer as successful and nearly as prominent as Peter Butler.
Jack Giles was much more controversial, to the point of being notorious.
As in Part 3 I had arrived in Vancouver, i.e., in Canada, on August 24, 1988 to start work at UBC, unaware that it was an anniversary date of the Sterling Hall Bombing at the University of Wisconsin in the anti-Vietnam War era, for which Leo Frederick Burt, one of America’s Most Wanted, fled to Canada and has never been caught.
Four years later the Valery Fabrikant murders at Concordia University discussed in Part 5 also occurred on August 24.
The very day I arrived happened to be when then B.C. Ombudsman Stephen Owen issued a public report condemning Premier Vander Zalm’s government for intrusive spying on a pro-abortion group, spying supervised by Jack Giles and his firm Farris, Vaughan, Wills & Murphy reporting to B.C. Attorney General Brian Smith and Vander Zalm’s principal secretary David Poole (“Watchdog condemns B.C. for spying on pro-choice group”, August 25, 1988, The Globe and Mail):
“The Ombudsman found that former attorney-general Brian Smith used “questionable judgment” in employing a law firm and private investigators last year to gather information about the Concerned Citizens for Choice on Abortion, and he did not place adequate regulatory controls on them.
…
What complicated the investigation, Mr. Owen said, was that Mr. Smith’s instructions to lawyer Jack Giles were made orally, as were the reports by Mr. Giles to Mr. Smith and by Mr. Smith to Mr. Vander Zalm’s principal secretary, David Poole.
…
The investigators, hired by the Vancouver law firm of Farris, Vaughn, Wills and Murphy, became members of the pro-choice group and over a period of several months obtained membership and donor lists as well as tape recordings made at public meetings.”
So these were the kind of powerful ‘nemeses’ my former colleague and mentor David Kirkpatrick and his wife, new Justice of B.C. Supreme Court Pamela Kirkpatrick were drawing me into facing, while underhanded tactics were deployed against me by Kirkpatrick’s associates who appeared like “members” of political activism as in Part 4.
On December 16, two days before the Mental Health Review Panel hearing on my appeal of the psychiatric committal, Kirkpatrick’s former graduate student Andrew Martin wrote another letter to accuse me of being violent and mentally ill, this time at the request of Computer Science Head Maria Klawe and sent to Farris, Vaughan, Wills & Murphy – as in Part 4 Martin had written one in April to UBC Associate Vice President Albert McClean to counter my grievance against Klawe.
This December 16 letter from Andrew Martin was addressed to lawyer Keith Mitchell, who years later would succeed Peter Butler as the lead lawyer for that law firm. It accused me of throwing out water from my coffee mug across his path in the Computer Science Building hallway, and speaking toward him using words like “f**k” and “dog”.
As a result of this Andrew Martin letter and other UBC documents from the Farris, Vaughan, Wills & Murphy lawyers, my Review Panel hearing was postponed for several days. Fortunately they didn’t succeed in keeping me under forced committal more permanently.
Some appearances of political conflict of interest in this law firm were quite startling, which I have noticed studying the lawyer profiles, but which have apparently been overlooked by the community.
While Peter Butler and Jack Giles at Farris, Vaughan, Wills & Murphy served as henchmen for the former Vander Zalm government and for some of the very controversial business practices in British Columbia and in Canada, their law firm partners Frank Murphy and Keith Mitchell were long-time fundraisers and representatives for the federal Liberal party in British Columbia, including under Jean Chretien who would defeat Brian Mulroney’s successor Kim Campbell in 1993 to become Prime Minister.
So while the political persecution involving psychiatric measures would last, on and off, until August 1995 and I wouldn’t be employed until June-July 1996, I read press stories like the following about how cozy Keith Mitchell was with Prime Minister Chretien, and how much the Liberals’ ties to the mental-health field went back to “Pierre Trudeau times” (“Chocolate swans ended ‘welfare bash’”, by Malcolm Parry, March 14, 1996, The Vancouver Sun):
“JUST DESSERT, PLEASE . . . Anyone having a baby or looking to make bail Monday night would have found a doctor or lawyer among 2,200 or so professional-looking types joining provincial Liberal leader Gordon Campbell at a $250-per-plate dinner of wild-mushroom salad and steelhead with saffron scallops.
Tables were loaded with B.C. wines donated by Calona, Peller, Jackson Triggs and Sumac Ridge, though not Cedar Creek, whose owner, Ross Fitzpatrick, stepped down recently as Prime Minister Jean Chretien's B.C. lieutenant. That was soon after Campbell gave the Ottawa cabinet and caucus a behind-closed-doors bashing at their recent Vancouver get-together.
Some of the federal Grits who showed up Monday speculated Fitzpatrick will have two successors, one of them to be picked from well-connected longtime party hands David McLean, David McPhee, Frank Murphy, Keith Mitchell or possibly Doug Leung. The other is likely to be Burnaby Association for the Mentally Handicapped development director Ethel Cherneski, whose ties go back to Pierre Trudeau times.”
One of the others mentioned along with lawyers Murphy and Mitchell, David McLean (David G. McLean), was a former Chairman of UBC Board of Governors.
Such reminds me of the ‘togetherness’ of Queen’s University’s 2004 honorary-degree ‘bash’ for Jean Chretien, Brian Mulroney’s in-law Lewis Lapham and Maria Klawe, among others at Andrew Martin’s alma mater as covered in Part 5.
Despite the concerted efforts involving some within RCMP, UBC and its law firm to maximize the psychiatric oppression, a relatively positive psychology consultation report was helpful for my Review Panel appeal. I was interviewed on December 15 by psychologists Dr. J. Lenz and Dr. W. J. Koch:
“He spoke English with a Chinese accent, but his grammar was impeccable, and his vocabulary was extensive. His presentation and his history both indicated a man of very high intelligence, and he demonstrated a good understanding of differences between Chinese and North American cultures.
…
Mr. Gao evidenced no disorder of thought process. He denied hallucinations or perceptual abnormalities, and he was able to converse on most subjects without any indication of psychopathology. However, when discussing his former job or the university or Canadian politics, his conversation strongly indicated the presence of a nonbizarre delusional system involving his persecution by the Chair of the Computer Science Department subsequent to disagreements over departmental hiring practices. … He reported that he believes his current hospitalization has been brought about by his enemies in order to discredit him and encourage him to withdraw his lawsuit against the university. Mr. Gao evidenced an ability to listen to alternative points and alternative explanations concerning his difficulties; however, he is deeply convinced that his interpretation is correct, and he remains certain that he is suffering from no mental disorder.”
Among the psychologists’ conclusions was an interesting social comment:
“Mr. Gao’s personality style has clearly predisposed him to emphasis on societal rules and thereby to his conviction that leaders who harm others must be confronted. In addition, it has been described that immigrants have an increased risk of developing delusional disorder. …”
Political conviction and immigrant background could add up to delusional disorder – well, at least not like “paranoid ideation” in the opinion of RCMP officer Brian Cotton.
In addition to Delusional Disorder of Persecutory Type, the psychologists suggested Obsessive/Compulsive Disorder.
A delayed Review Panel hearing was held on December 21 and the decision was for my discharge. Psychiatrist Dr. Laura Chapman prepared a discharge report, which contained interesting details.
The evidence in it showed that I was in fact quite normal:
“Feng was quite cooperative and reasonably accessible. He had quite a forthright manner and talked with great conviction about his concerns of corruption in the government and the university. There were no abnormalities of speech, eye contact, or psychomotor activity. … As mentioned, he expressed persecutory delusional ideas for which there was no evidence in reality. There was no perceptual disturbance and he had minimal insight and somewhat impaired judgment.”
Obviously my allegations about Head Maria Klawe couldn’t have been all correct given that I didn’t even know there was RCMP Supt. D. G. Cowley involved. Assuming Dr. Chapman knew as she had used the name “Cowley” for “Klawe” in her December 1 notes, hiding it from me wasn’t an issue as it was RCMP’s decision anyway but attributing my ignorance of it as psychiatric “delusion” was unprofessional.
The discharge report also showed that there was no violent intent even when I tried to be disruptive:
“Feng was initially certified because of the concern regarding dangerousness, particularly to faculty members. When first admitted to the ward, Feng stated that he would “create a disturbance” on the ward by yelling and disturbing the other patients. He was therefore placed in seclusion and given one dose of intramuscular neuroleptic. The next morning he was more subdued and cooperative, and was able to come out of seclusion after approximately twelve hours.”
I was given tranquillizer and isolation-cell confinement right at the beginning just for saying about “yelling and disturbing the other patients”. Later allowed to stroll outside the hospital, had I gone to Computer Science Building and gotten fingered for “dangerousness”, what would the ‘next level’ of anti-psychotic penalty have been, like something Robert Dziekanski would take in 2007?
Because UBC Hospital was a teaching-and-research hospital, the psych ward didn’t show an atmosphere of coercive restraint a psychiatric hospital would, and the solitary cell was the most coercive object within the ward. But on December 9, the day I was first allowed to walk on campus but given a reminder not to go to Computer Science Building, I was also administered a CT head scan by “Dr. Flak”; walking between the ward and the lab with Dr. (Borys) Flak through semi-underground tunnels snaking among hospital buildings, I would be surprised if there weren’t an ‘electroshock unit’ somewhere behind a closed door.
It was a dangerous ‘trap’ that would at least drag me away from my focus, which at the time was to go home and continue phoning Canadian Broadcasting Corporation:
“… Feng again eloped from hospital and returned to his apartment to continue placing calls to the CBC. He continued to express the idea that if he were only persistent enough, he would be able to get a National News interview as well as organizing an emergency sitting of Parliament to review the Mulroney government’s corruption.”
There are two issues in the above quote, namely my persistence at getting a “National News interview”, and at “organizing an emergency sitting of Parliament”, that should be clarified here.
If my focus on the national media venue CBC was a reason for my being “delusional” or full of “paranoid ideation”, then such a view reflected a shortcoming and pitfall of psychiatry’s personal- and community-based angle looking at politics. Would Kitsilano News – a community newspaper mentioned in Part 5 – be more appropriate for my ‘level’? Quite the contrary in my view. When a community media venue held up the local authority’s opinion in very high regard as in Part 5, on August 26 extensively quoting UBC faculty association president William Bruneau who falsely labelled my July 2 arrest as “violent” and profusely pinpointed the fear for job loss due to Reaganism and Thatcherism as a cause of deadly violence like Valery Fabrikant’s murders of Concordia colleagues, this media venue would only go farther down that trail rather than becoming open-minded and objective.
If larger issues should not be tried at larger media venues by individuals, i.e., individual news seekers should focus on local interests – such as the cellphone video on RCMP tasering of Robert Dziekanski – which might generate greater public interest, would that adequately reflect the public of a nation?
Besides, I had spent much time phoning British Columbia Television as well, whose staff patiently listened to me – rather than playing ‘on-hold’ games like CBC did to report my frequent calls to police – and made genuine efforts before telling me that BCTV normally didn’t cover controversial national politics.
In my 2009 blog posts I have recalled what BCTV did at my prompting to give support to B.C. Tory MP Stan Wilbee who had been requesting a review of Mulroney’s leadership and as a result was in danger of losing his B.C. Tory caucus chair position (The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 5)):
“As it happened, I also sent a copy of this press release to BCTV (then part of the CTV network, today part of the Global TV network). In the morning of the day of the B.C. Tory caucus meeting to discuss the fate of Stan Wilbee as caucus chair (November 17, 1992 as per press archives), who had drawn up a letter of resignation to hand in for his challenge of Mulroney, I phoned BCTV to follow up on my press release and told a news staff member about the caucus meeting in Ottawa, who replied that BCTV would send a camera crew there; later that day when I called again (likely in the afternoon) the same staff member said the camera was there right now; but when I called back the day after I sensed disappointment on the part of this BCTV news staff member, probably because it wasn’t as I had told him that the B.C. Tory MPs might turn against Mulroney’s leadership.”
But it was my local MP Kim Campbell, Mulroney’s Justice Minister, who was demanding Wilbee’s resignation as B.C. Tory caucus chair, saying that Wilbee’s view didn’t represent other B.C. Tory MPs’, and Campbell herself was in the process of securing Mulroney’s favor to succeed him as the leader, as reviewed in the above blog post.
In that critical time period, sending press releases and a note critical of Mulroney’s leadership to MP Kim Campbell meant I fell into a big political ‘trap’.
As for an emergency meeting of Parliament to discuss Mulroney government’s problems, my initial intent had been to generate a public outcry about Prime Minister Mulroney’s leadership conduct, as I had said in my first press release on November 10:
“The existent political process of this country has failed the people. We, the people of Canada, must now take the destiny of the country into our own hands. We must speak our mind loud and clear, and force the politicians to face reality, to hold Mr. Mulroney accountable for his irresponsible actions, and to remove him from the leadership position of the country immediately.”
To remove the leader of a majority party government in an immediate fashion, the only realistic option was through a revolt in the party’s caucuses. So my supplementary press release on November 10 aimed at that, the same as what I prompted BCTV on November 17 to send a camera crew to cover at B.C. Tory caucus meeting in Ottawa:
“Mr. Stan Wilbee, MP for Delta, B.C., has spoken out publicly, criticizing Mr. Mulroney’s leadership and requesting a province-by-province Tory leadership review. The B.C. Tory MPs should speak out now in support of Mr. Wilbee, reaffirm their confidence in him as the B.C. Caucus chair, and defy Mr. Mulroney’s threat of retaliation by means of cabinet restructuring on by any other means.”
That B.C. Tory caucus meeting was not a completely lost cause as reviewed in my 2009 blog post; the MPs did reaffirm their confidence in Stan Wilbee as caucus chair in spite of his open opposition to Mulroney, although obviously the meeting didn’t turn into a revolt as I had hoped:
“Regardless, I was disappointed that BCTV did not report on the caucus meeting it had camera footage on.  Brief press reports indicated that Stan Wilbee’s resignation was rejected by the caucus and days later Dr. Wilbee, a medical doctor and chair of the House of Commons subcommittee on health issues, also launched a parliamentary investigation on the HIV-tainted blood supply issue.”
It was after I had been taken to UBC Hospital psychiatric committal that I began to feel that given my local MP Kim Campbell’s likely cooperation with RCMP in suppressing me, appealing to B.C. Tory MPs was no longer a workable option while appealing to the people directly through the media became unrealistic. Parliament seemed a good choice, then.
The reality was that the Canadian media generally weren’t too open to sensitive political issues even if public sentiments at the level of disgruntlement and disillusionment were routinely given coverage. In October 1992 as one of my first media-contact attempts I phoned The Vancouver Sun newspaper, and was told that it would only accept materials from my lawyer but not myself; I had Mr. Brain Mason fax in the lawsuit document on my behalf, and later never sent this venue any of my press releases.
The different outcomes of my publicity efforts with The Vancouver Sun, BCTV and CBC clearly demonstrated that a media venue’s handling of my contact attempts had an influential effect on the approach I would then adopt to communicate with the venue.
Earlier in her December 1 notes, Dr. Chapman had listed “Schizophrenia” as a differential diagnosis to “Delusional Disorder of persecutory type”. Now in the discharge report written on December 22, she instead noted “Avoidant, schizoid, and obsessive personality traits” as in addition to “Delusional disorder – persecutory type”.
That might not look like a diagnosis of “Schizophrenia”, but a personality trait would be quite inherent of a person and could be an organic basis of a disease.
The use of psychiatry to suppress political dissent is not a phenomenon that existed only in the former Communist countries. In my first blog article in 2009, I made the point that the intriguing and mysterious life story of the mathematician John Nash, recipient of Nobel Prize in Economics in 1994 and subject of the Oscar-winning movie “A Beautiful Mind”, had been diagnosed and treated as a schizophrenic since 1959 at least in part due to his political thoughts, which included his claiming that The New York Times articles had coded messages for him (“Greeting the New Millennium – nearly a decade late (Part 2)”):
“Now there could indeed be something there in 1959, meaning that the talented young mathematician might have in fact been capable of figuring out some crucial politics ahead of time – his credibility bolstered by his prior background of doing research at RAND. One can look at it this way: in January 1959 Fidel Castro’s revolution was winning in Cuba, an island just a stone’s throw across the water from the United States, and North Vietnamese communists were also adopting a path of “armed struggle” to unify with the South against the backdrop of increasing U.S. military assistance to South Vietnam; it was not like signs of warning did not exist for the turbulent decade ahead, and ten years later by 1969 when the Vietnam War was in full force and the St. Stephen’s Day-born American leftist William Ayers was founding the militant-resistance organization Weather Underground to engage in a series of high-profile, violent bombings in the United States for radical causes, John Nash’s thoughts by then could have been viewed as a borderline, nonviolent precursor to these later actions of Ayers and his associates; but by then Nash’s expressions had already been concluded as thoughts of “madness” by some (but not all) psychiatrists, and by the authorities.
What else would be a better explanation than the above – beside Nash’s own brash behavior and his habit of convoluted language – that a mathematician of original thinking and prolific production who has now been recognized as having made fundamental contributions to the mathematical economic theory, and who has been called “the greatest numerologist the world has ever seen” (i.e., someone better than anyone else at the use of numbers in astrology and other human affairs) by the Princeton mathematician William Browder, was “mentally ill” when it came to his thinking about politics? Recognizing credibility in Nash’s political thoughts is like accepting his mathematical brilliance without automatically overriding any legitimate medical issue there might have been.”
In 2009 after my above blog post and my others on Canadian politics, on October 31 there was the incident of New York City police officer Adrian Schoolcraft being forcibly sent to psychiatric committal because his superiors wanted to suppress his whistleblowing on illegal arrests and manipulation of crime statistics within NYPD (“An Officer Had Backup: Secret Tapes”, by Jim Dwyer, March 13, 2012, The New York Times).
But one of the saddest stories was that of James Vincent Forrestal, the United States’ first Secretary of Defense, who had a fallout with President Harry Truman, lost the job and was in a low mood in March 1949. Accepting the advice of government psychiatrists brought to him by his high-level political friend and confidante Ferdinand Eberstadt, Forrestal voluntarily entered the psych ward at Bethesda Naval Hospital in Maryland in early April, only to be found dead on May 22 after a fall of 13-storey height from his 16th-floor room window in the darkness of the night, and treated as a piece of suicide statistics. (Jeffery M. Dorwart, Eberstadt and Forrestal: A National Security Partnership, 1909-1949, 1991, Texas A&M University Press; “Admiral M.D. Willcutts Report on the Death of James V. Forrestal, 1949”, Seeley G. Mudd Manuscript Library, Princeton University (HTML version, ariwatch.com); and, “Historians Support Inquiry into the Death of James Forrestal”, by Hugh Turley, May 29, 2009, George Mason University’s History News Network)
My situation turned out to be not as hopeless, as my November 30, 1992 fax note and attached press releases to MP Kim Campbell, and the psychiatric oppression suffered right afterwards, were not a complete waste.
On January 6, 1993, RCMP Director of Enforcement Services, Assistant Commissioner J. W. B. McConnell, issued a letter to Commanding Officer of “E” Division in British Columbia, to the attention of Officer-In-Charge, Criminal Operations, in regard to my complaint about the July 2 arrest:
“Subject: Dr. Feng Gao
Complaint Concerning his Arrest
by University Detachment Members

The enclosed correspondence from Dr. GAO was received by the Solicitor General and sent to us for attention.
Correspondence has been prepared for the Minister’s signature advising Dr. Gao that the CO “E” Division or his delegate would examine his concerns as they relate to his arrest and imprisonment and would respond to him direct.
Please provide us with a copy of your response for completion of our file.”
I had never sent any complaint to the Solicitor General who supervised the RCMP, about the July 2 arrest or anything else.
The only things I had sent to the Canadian political high level had all been sent to local Member of Parliament Kim Campbell.
First was the fax on November 30, where the cover note was about my accusations on Prime Minister Brian Mulroney’s conduct in the Charlottetown constitutional process and on forthcoming retaliatory political persecution against me, and only the first of the three attached press releases including my lawsuit documents mentioned the July 2 arrest by RCMP. When RCMP officer Brian Cotton came to my apartment to take me to a psychiatric assessment at UBC Hospital, I gave him a copy but my copy is not among the RCMP personal-information disclosures whereas a copy received by Campbell’s local office is, which was stamped on November 30, possibly by RCMP as discussed earlier.
Then while in psychiatric committal I sent another letter to Kim Campbell complaining also about the RCMP-led psychiatric committal as political persecution, which may have also addressed her as Justice Minister, but this second letter is not among RCMP’s or any organization’s disclosures I have been given so far.
It was quite possible that Campbell forwarded my documents to Solicitor General as a complaint from me, but given that the only RCMP-disclosure copy, received at Campbell’s office, was likely RCMP-processed on November 30, 1992, the person who provided them to Solicitor General could have been inside RCMP.
I do remember receiving a short letter from then Solicitor General Doug Lewis, a former Justice Minister before Kim Campbell, acknowledging receipt of my complaint.
But as A/Comm. McConnell’s letter specified clearly, my complaint was defined only as about my July 2 arrest, even though the attached documents criticized UBC Computer Science Head Maria Klawe much more than RCMP, and most importantly the overwhelming amount of contents were criticisms about Prime Minister Brian Mulroney’s leadership conduct, including about upcoming political persecution against me.
RCMP Director of Enforcement Services didn’t want to deal with it any further than receiving for the file a copy of “E” Division’s direct response to me. But as required the “E” Division Commanding Officer or his delegate would need to examine my concerns and respond to me on that.
The letter was received on January 8 by Criminal Operations at “E” Division, and forwarded to and received by Contract Policing on January 11.
On January 13, Chief Superintendent P. M. Cummins, Officer-In-Charge, Contract Policing Branch, sent a memo to Chief Superintendent M. K. M. Clegg, Officer-In-Charge, Administration & Personnel, recommending that the matters be looked after by Civil Litigation handling my civil lawsuit:
“DR. FENG GAO – CIVIL ACTION
COMPLAINT OF FALSE ARREST

Please find attached correspondence received from the Director Enforcement Services, HQ concerning Dr. Gao’s complaint of false arrest by members of University Detachment on July 2, 1992. A check of PIRS indicates that Civil Litigation Section currently has a file open on this matter and rather than duplicate our efforts I would ask that they forward the appropriate response to the Director Enforcement Services. …”
The suggestion appeared most likely that there would be no separate investigation for this complaint forwarded from Solicitor General, but only a response to RCMP Headquarters in Ottawa that a civil lawsuit was already in place.
The memo was written to the attention of Corporal Dennis Garrett, the officer “monitoring” my lawsuit as Sgt. Frank Kelley had indicated back on October 14, 1992.
That was clearly a mixed-up violation of basic professionalism. A complaint should be examined independently and objectively, rather than be handled by RCMP civil-litigation personnel – in this case under an intimidating Sergeant Frank Kelley as in Part 5 – whose objective was not to investigate but to defend RCMP.
Moreover, at this time I had gone through an RCMP-led UBC psychiatric committal and been labelled as suffering from Delusional Disorder of Persecutory Type, thus any statement by me not liked by UBC or RCMP could be categorized by psychiatrists as “delusional”, and my lawyer had also been exerted pressure by Department of Justice and UBC lawyers. Now that a complaint with broad subject matters had gone all the way up to the federal government minister responsible for RCMP but was defined as limited to the July 2 incident only, while RCMP could continue to use psychiatric measures since November 30 to suppress or control me and not be subjected to examination, the complaint was essentially powerless.
That this was RCMP’s plan is also seen in RCMP internal documents to complete termination of investigation for the public complaint I had filed in August and then withdrawn in September 1992 as discussed in Part 5. They were coordinated in timing with the arrival and processing of the new complaint acknowledged by Solicitor General.
On January 7, the day after A/Comm. McConnell’s letter from Ottawa was issued, Insp. W. B. Vye in charge of “E” Division’s Complaints & Internal Investigations Section, sent the final documents for closing the public complaint to the same C/Supt. Clegg in charge of Administration and Personnel, with the comment:
“Compl of false arrest – etc. Compl disturbed at the time of his arrest and now willing to terminate his compl.”
Then on January 14, the day after C/Supt. P. M. Cummins’s memo was written to him to suggest that Civil Litigation Section respond to Ottawa for the new complaint, C/Supt. M. K. M. Clegg sent me a letter officially notifying the end of my earlier public complaint.
The January 6 letter from Ottawa referred to my new complaint as about my arrest (and imprisonment), while Insp. Vye on January 7 referred to my old complaint as about “false arrest”, saying I had been disturbed, namely using a ‘mental-illness’ argument. Then in the January 13 C/Supt. Cummins memo about responding to letter from Ottawa, the July 2 incident was also referred to as “false arrest” – presumably Cummins also got the idea that I had been “disturbed”.
C/Supt. M. K. M. Clegg quickly finished rest of the work shoving the new complaint under a lawsuit litigation that was already stalled and under control by RCMP-led psychiatric measures.
In his letter to me dated January 25 to acknowledge RCMP receipt of my complaint through Solicitor General, C/Supt. Clegg stated:
“As you are aware, this matter is currently before the courts and accordingly I am unable to comment at this time.”
On the same day a handwritten note was sent to Cpl. Dennis Garrett, stating:
“Please ensure a copy of our letter, with suitable overview of circumstances, is sent to Director Enforcement Services as requested. Copy also to O-i/c Contract Policing, please.”
The signature in this note, when handwriting is compared to that on C/Supt. Clegg’s letter to me, seems to read “CAP”, which presumably stood for Clegg’s initial plus those of Administration & Personnel.
On January 29, which happened to be my birthday, a letter was written from C/Supt. Clegg to RCMP Headquarters in Ottawa in reply to A/Comm. J. W. B. McConnell’s letter. Taking what appeared like a neutral stand describing the UBC dispute as “a long standing feud between Dr. GAO and the university”, Clegg explained that regarding RCMP’s assistance in the July 2 arrest there had been a public complaint from me, an internal investigation commenced and then my complaint withdrawn, and there was now a lawsuit in place and a Department of Justice counsel assigned “to represent the force and our interests in this continuing action”.
Rather oddly, this January 29, 1993 C/Supt. Clegg letter in RCMP disclosure is a “COPY” that was marked “INFO: OIC CONTRACT POLICING, “E” DIVISION”, but was unsigned, instead stamped “Originally Sign By”.
This “copy” of the response letter was received by Contract Policing on February 3, and by C/Supt. Cummins on February 5.
“Contract Policing” and “Federal Policing” were the two categories of RCMP policing as indicated in an RCMP Public Complaint Statistical Report among the documents for my withdrawal of public complaint.
In that statistical report form, sent him for completion by Cpl. D. Blommaert of the “E” Division Complaints & Internal Investigation Section and received also on January 29, S/Sgt. Medley, assistant of Officer Commanding Vancouver Subdivision Supt. D. G. Cowley, in February 1993 marked off both categories of my complaint about the July 2, 1992 RCMP arrest, “Improper Attitude” and “Oppressive Conduct”, as “Unsupported by evidence” – even though as discussed in Part 5 when my complaint was withdrawn in September 1992 no real investigation had been carried out.
(Continuing to Part 7)

Monday, February 20, 2012

Team Canada female athletes disqualified from Commonwealth silver medal, jailed Chinese democracy activist awarded with Nobel peace prize, and others in between (Part 5) — when law enforcement considerations reflect entrenched interests

(Continued from Part 4)

(An unfinished draft of this Part was first posted on October 31, 2011)

A semester-long effort by me at the University of British Columbia to pursue a formal grievance with the university administration over the management style of my then boss, Head of Computer Science Maria Klawe, and to organize a meeting for Department members to air their opinions, was reaching a fruitless end in late June 1992 with my job there expiring.

As discussed in Part 4 of this article, the Department had a tradition that the university-appointed Head voluntarily step down after 4 years of a 5-year term, a tradition Klawe intended to break despite her controversial, hard-handed style of management causing disgruntlements among some faculty members. In pursuing my grievance I cited the instances of Klawe’s handling of my possible tenure-track employment prospect and that of former faculty candidate Pascal van Hentenryck.

Dean of Science Barry McBride had not only sided with Klawe – especially when learning of my interest in involving Department members on the issues in a democratic setting – but taken a high-level lead in efforts by some persons to frame me as abusive, potentially violent and mentally ill, so as to foil my peaceful attempts at democratic expressions to unravel wrongdoings. He now sent me a memo dated June 16 to remind me to vacate my office and turn over the keys by 4:30 pm on June 30.

During the last week of June senior faculty member James M. Kennedy became Acting Head, although I think Head Klawe wasn’t fully away. A former UBC vice president and founding director of UBC Computing Centre, Kennedy had an interesting past which at the time did not appear conspicuous: before UBC, he had been an established scientist at Atomic Energy of Canada Ltd. (AECL), where – as mentioned in Part 3 of this article – a year later in June 1993 Prime Minister Brian Mulroney would appoint his personal lawyer, Bruce Verchere, as chairman of the board, before Verchere died of a gun-inflicted, reported suicide in August.

To me, Jim was a nice and friendly senior with a proud and distinguished career, someone hard to argue with – the late Kennedy was around 64 years of age in 1992 (“Senate Memorial Tributes – “K”: JAMES MACOUN KENNEDY (1928-2004)”, University Archives, the University of British Columbia).

On June 30, Jim came over to my office several times to remind me to move out, including at 4:30 p.m. when the deadline came; the handwriting about this on Dean McBride’s memo was probably his. But I made the difficult decision to defy the Dean’s order with the reason that although President David Strangway had replied negatively to my grievance against Head Klawe on my employment dispute, he had not responded on Klawe’s handling of van Hentenryck’s job prospect, which I had formally submitted to Associate Vice President Albert McClean in President’s office, or on the general issue of Klawe’s headship.

I had learned from Department office staff that new faculty member Raymond Ng was coming soon and office space was needed, and my defiance of the Dean’s order was a political gesture only. I fully expected to vacate at some point or be evicted, if no compromise came from the administration.

It was important for me to have some peace of mind – I was receiving my Canadian citizenship on July 1. As mentioned in Part 3, I had attended July 1 Elementary School on the campus of Sun Yat-sen University in China, but that had been for the Chinese Communist Party’s birthday in my childhood and here it was Canada Day.

I was lucky to be able to receive Canadian citizenship just in time. My residency requirement was being fulfilled by the spring of 1992, but a friend, “Christine Fong”, had casually informed me that the waiting queue in Vancouver for citizenship applications was long and suggested that I try Surrey just south, given that my dispute with Maria Klawe at UBC was dragging on and who knew what could happen.

Surrey was the place my then Computer Science colleague and gay activist leader, Instructor Vince Manis had posted something unpleasant about on the internet – certain personality behavior of “largish men” there as quoted in Part 4.

I  followed Christine’s suggestion, and at Citizenship Canada’s office on King George Highway in Surrey I was quickly processed and approved, in time to join Canada on her national day when I was about to be evicted from UBC.

In Part 3 I have mentioned Christine’s sponsorship of a Vancouver high school student Elaine Ng, my distant maternal cousin originally from China, for the 1990 Miss Asia Pageant in Hong Kong, which Elaine won. Elaine subsequently became an actress, and is known as the unwed mother of Kung Fu megastar Jackie Chan’s daughter, “Little Dragon Girl”.

Christine is the older sister of “Theresa”, a former UBC Computer Science staff member who had been the unofficial Apple Macintosh user specialist there, done word processing with incredible efficiency and helped faculty members – myself included – with document preparation. Originally part of the secretarial staff, Theresa’s skills were singled out for appreciation after Head Klawe’s arrival, receiving a proposal for promotion to management staff rank, which Theresa happily accepted. But then a year later Theresa was getting pressure from the Head, that with new secretarial staff coming her skills would be redundant – and she no longer had union job security.

Fortunately for Theresa, in around 1989 she had met “Frank Kong”, a gentleman from Hong Kong whom Theresa introduced to me as a retired former Superintendent of the Hong Kong police training school, and the two had become like a couple. Frank was getting his American citizenship, living in Seattle nearby to be able to see Theresa often. So in 1991 Theresa made the decision to move down to Los Angeles with Frank, who went to work for a workers compensation board while Theresa joined a jewelry-gift merchandise business.

The Fong sisters’ parents had been wealthy business people from Hong Kong, the sisters had brother Paul locally and other siblings internationally, and when I first arrived Theresa was still involved in a downtown Vancouver karaoke-bar business as well as in the ownership of a local racehorse. What was really interesting is that they had connections running on ‘both sides of the track’, as the following passages from a 1990 newspaper article showed ‘the other side’, quite in sharp contrast to Theresa’s police-superintendent companionship (“The Bamboo Pipeline: Triads target Vancouver in dirty business using bribes, forgeries to sneak desperate people and criminals alike across international borders Series”, by Gordon Hamilton, November 10, 1990, The Vancouver Sun): 

“One of the passports was initially queried, then accepted by Canadian authorities. Malaysians are allowed into Canada without visas; they were cleared on the basis of their passports alone.

…

It was Feb. 1. 1989.

The three men were, in fact, ethnic Chinese, suspected of being involved with a brutal Taiwanese triad: United Bamboo. Their passports had been altered, later forensic tests showed.

…

The incident is only one episode in a two-year-long joint investigation by the RCMP and U.S. immigration officials centred on the Vancouver-to-Seattle link in an alien pipeline run by Yeong Jih Charles Liu, a human smuggler known to his associates here as “The Taiwanese.” Liu had established an international smuggling network that reaches from the triads of Taiwan to the tree-lined streets of Kerrisdale.

…

Liu smuggled 60 people at about $10,000 per person before RCMP broke the ring. But he was ambitious. He had the means to smuggle 100 a month, he wrote in a note to one of his Vancouver associates. The note was later seized by the RCMP. Liu is still free. He is believed to be in Taiwan beyond the reach of a Canada-wide warrant for his arrest.

…

On Feb. 5, the trio was arrested by U.S. Border Patrol Special Agent Joel Hardin at SeaTac International Airport as they prepared to board a flight to Texas. Their route from Vancouver to the United States had been monitored from start to finish by the RCMP. The U.S. border patrol followed them to Seattle.

…

The Vancouver people-smuggling investigation began May 1, 1987, when a wiretap was authorized on Irene Cheung. Initially she was monitored because she was suspected of being involved in the sale of forged passports.

Two weeks later, on May 14, police listened while Cheung contacted Liu in Taiwan. During the conversation, Liu stated that he was still waiting for one visa and that 15 to 16 people were “coming over.”

…

The first indication of people-smuggling came five days later when Cheung telephoned Christine Fong, whose fashionable Trafalgar Street home in Kerrisdale often served as a meeting place for the gang.

Cheung mentioned the name of a suspected drug trafficker, “Fatman” Wu, who wanted to send somebody to Canada. She said he was willing to pay $1,000 for the visa. The listening RCMP believe Wu organizes heroin shipments and acts as a drug “overseer” – the individual who rides on the same aircraft as drug couriers to ensure they deliver their contraband once they have cleared customs and immigration at Vancouver.

…

Fong, a Crown witness at the trial of Cheung and Chan, was not charged.”

The Fong sisters’ Kerrisdale neighborhood home was where I reconnected with Elaine Ng (also known as Elaine Wu) and her mother, whom I had not seen since late 1970s. I also met the sisters’ friend, fashion buyer “Irene”, whom I presume was the individual in the human-smuggling case as reported in the above newspaper quote, but I knew nothing of the smuggling and had no idea gang members went there also.

In any case, the Royal Canadian Mounted Police had everything under surveillance over a year before my 1988 arrival to be acquainted with colleague Theresa but they chose to crackdown only in 1989, after 60 persons had been smuggled and with the gang leader safely in Taiwan – you know what I mean.

At least when Christine told me about a long citizenship queue in Vancouver but not in Surrey, she knew what she was talking about.

On July 1, 1992, I went to Canada Day festivities in Langley, BC, and felt honored to briefly meet Member of Parliament Robert Lloyd Wenman who presided over the citizenship ceremony. A few years later in June 1995 Mr. Wenman died after contracting a difficult bacteria infection in Asia (“Robert Wenman”, Wikipedia).

In the morning of July 2, I returned to my (former) office at UBC Computer Science Department and everything was as it had been there, as was my colleague Norm Dadoun with whom I had shared an office during the last of my 4 UBC years.

As the handwritten notes on Barry McBride’s memo indicate someone (Acting Head James Kennedy) came for the last time, at 10:30 a.m., to request me to move out. As I recall this time Jim came with Head Maria Klawe – an interesting setup in hindsight as Kennedy was a former UBC Vice President and Klawe not only was defeating my challenge of her management style but unbeknown to me was to be a future Vice President.

I didn’t budge so UBC security guards were called to persuade me, and when I again refused they told me the police would come.

About 15-20 minutes later, two female and one male RCMP officers walked in, with one of the females in the lead, who immediately came up to me and after a brief conversation placed her right hand on my left shoulder and declared me under arrest. The quick episode, entirely peaceful without any intent of physical resistance on my part, is better told by the police report from the lead officer, Corporal N. E. McKerry:

“11:55

 

Gao arrested after I explained that he had been given notice of his service no longer required. He had been approached on the 30th 3 times to obtain his keys and he refused.

I advised him that if he did not give his keys over, remove his things at once he would be arrested for trespassing, and if he put up and force he would be charged for resist arrest. He stated he would not put up any physical force. He would not return the keys because he had a grievance with the university.

     
11:56   Arrested – searched by Cst. Bangloy, note prior to search – given const. rights and police warning.”

In RCMP custody I was pressured to give a statement by the male officer, Constable A. M. Bangloy, but refused at the advice of Legal Aid lawyer over the phone. Cpl. McKerry also tried another tactic, ordering the other female officer, Constable C. L. Dinham-Jones, to check my immigration background, but ‘lucky me’:

“12:35

 

Legal aid called and spoke with subject in Booking area.

     
12:45  

With Cst Bangloy in Booking area 2nd warning given – No statement you haven’t got a charge – response.

I had Cst Dinham-Jones call immigration for a check on subject – just sworn in on July 1st as a Canadian citizen.”

In the end, McKerry warned me that next time I would be charged, then released me with the courtesy of giving me a ride to the Mathematics building across from Computer Science building so I could have colleagues sign a form for my passport application, before escorting me to my car to see me leave:

“  

I explained to GAO that if I was called again for him charges would be laid. If convicted he would have a great deal of problems getting a green card – USA or in some part of the govt service. He seemed to care about that.

     
13:00  

I took GAO to the Math BLDG – He wanted to get a Professor to vouch for him on a passport.

     
13:30   Escort him to his car, escorted away from computer science/UBC”

Sometime after this July 2 incident, Cpl. N. E. McKerry produced another statement – undated but made to look like a typed version of the July 2 report  – that altered the facts to emphasize mental instability and violence to come, none of which had been in the original report:

“11:54

 

At the computer science building, members of Parking and Security escorted myself and two Csts. to the office of Dr. GAO.

Dr. GAO’s body language caused me to believe that he could become violent. I spoke with Dr. GAO. He moved away from me moving his back towards the far wall. His eyes seemed to be blank – no emotion and just staring. His body was ridged and both facial cheeks twitched. I tried to reason with him that the university didn’t want him in the office. I explained that I thought it would be best if he left and dealt with things in a legal manner. He did not seem to want to co-operate, he appeared to me that further action would be of a physical manner. We were at a stale mate. Dr. GAO refused to leave, he had a grievance.

     
11:56   To keep the peace I arrested Dr. GAO.”

McKerry’s original report recorded my clear promise of not putting up physical resistance, so there really wasn’t any confrontational staring or violence to come, and I was put under arrest without any problem. The entire process took only 1 or 2 minutes according to either of her reports, how could that be called a “stale mate”?

In the typed version McKerry omitted my promise of non-violence as if the conversation hadn’t happened, and added her impression of odd personality, presenting it as her judgment call predicting that I would act in “a physical manner”.

McKerry also omitted the original facts that she also had Cst. Bangloy and Cst. Dinham-Jones exert pressure on me to back down.

With this falsified account of what happened as the lead RCMP officer saw it during the police intervention, the two institutions now became on the same page, i.e., consistent with each other in their descriptions of me as mentally unstable and potentially violent, the type of allegations UBC Dean of Science Barry McBride had wanted in April and graduate student Andrew Martin then made in a June letter to Associate Vice President Albert McClean, as discussed in Part 4.

My UBC dispute now became a problem with the law enforcement as well along the same line.

What was also "’contradictory’ is that this altered ‘report’ discloses that Cpl. McKerry had been in telephone contact with UBC security guards prior to the intervention and told there might be “some trouble”, yet she brought a police team that were not “physical”: two females and one Asian male.

She either knew that I was not physically aggressive, or had another thinking.

Although it may not have happened in my case, sometimes less physical strength on the part of the police could be basis for more lethal force, as the Vancouver-area RCMP’s handling of Robert Dziekanski has shown, when the Polish immigrant newly arriving at Vancouver International Airport on October 14, 2007, was repeatedly tasered, unfortunately to death, by RCMP officers due to his erratic behavior causing concerns.

The incident was captured on cellphone video by onlooker Paul Pritchard (“Taser video shows RCMP shocked immigrant within 25 seconds of their arrival”, November 15, 2007, CBC News).

A major difference was that Dziekanski had become physically agitating, holding up a small, folding wooden stool like a combat tool though not toward anyone, and methodically throwing a metal object on the floor and the stool at the plexiglass wall, before abandoning more attempt at physical commotion at the persuasion of a female onlooker. But for such, death was a harsh term.

In the afternoon of July 2, 1992 when McKerry gave me a ride back to campus in her cruiser, she let me sit in the front passenger seat and told me her name was Nancy, she lived in Surrey and had been with the RCMP Surrey detachment. I told her I was pleased to have my citizenship application approved in Surrey.

For female police officers, using lethal force could be more warranted, as shown in the following passage from a book about RCMP women, citing a Nancy McKerry whom I have no reason to think was not the same person (Jane Hall, The Red Wall: A Woman in the RCMP, 2007, General Store Publishing House):

“Six weeks after we graduated, the unthinkable happened: a shooting involving several RCMP members, an ambush followed by one of the longest and bloodiest police shootouts in Canadian history. One member, Dennis Onofrey, was dead, one had lost an eye, and Candy Smith was in critical condition in a Brandon, Manitoba, hospital.

Candy had been one of the top members of our troop. Everyone in Troop 9 knew that by disposition and skill, she would have performed better than most of us under fire.

…

The day after the tragedy, Nancy McKerry, a member of 20 Troop, the only female troop at Depot at the time, recalls that an instructor burst into her class and accusingly announced: “Anyone in this troop who doesn’t feel they can shoot someone can leave now!” No male troop was given that ultimatum.”

Come to think of what my former colleague Vince Manis had rumbled about “largish men” in Surrey, Cpl. McKerry happened to be the only one of stocky build among the trio of RCMP officers on July 2, 1992, whereas in the onlooker video at the Vancouver airport on October 14, 2007, none of the RCMP officers were “largish” but ironically Dziekanski was.

The other female officer, Cst. Dinham-Jones who checked on my immigration status (and in later incidents also transported me alone while I was in custody), was a petite; interestingly and surprisingly her name was Christine and she has now done a lot of neighborhood patrolling in Langley, where I had received my Canadian citizenship after approval in Surrey! (“Award Winners: B.C Citizen Patrol Network BOB SHIELLS Memorial Innovation AWARD 2005”, B.C. Crime Prevention Association)

The male officer, Cst. A. M. Bangloy, was fit but slim, and with a personality reminding me of my elementary and middle school friend “Ling” mentioned in Parts 2, 3 & 4.

A question is whether McKerry’s altering of report and fabrication of evidence have been part of the RCMP standard practice back then, or even today, because Bangloy later attended law school and since late 2008 has been the Inspector in charge of the Professional Standards Unit for the entire Royal Canadian Mounted Police (“Winnipeg’s Alfredo Bangloy Jr., LL.B. promoted to Inspector with the Royal Canadian Mounted Police (RCMP), Officer In Charge Professional Standards Unit”, by Marjorie Soldevilla, November 20 - December 5, 2008, Volume 22, Number 22, Filipino Journal).

And when I review this history I kind of get a sense that Inspector Alfredo Bangloy is like Maria Aragon, 10-year-old Filipino-Canadian girl from Winnipeg, Canada’s Little Lady Gaga and Prime Minister Stephen Harper’s favorite child musician – they sang John Lennon’s song “Imagine” together (“Harper performs campaign-trail duet with young Gaga fan”, by Steven Chase, March 29, 2011, The Globe and Mail).

More clues will be presented later as to when McKerry began to alter her police statement, and why.

In the afternoon of July 2, 1992, Acting Head Jim Kennedy and another professor, Richard Rosenberg, came out of Computer Science building and signed for my passport application, and I was seen off by RCMP Cpl N. E. (Nancy Elizabeth) McKerry. My office belongings were later packed by staff and sent to my apartment, and I have not been back to that building since – McKerry warned me not to! A few years later the Department moved to a new building and I dropped by for several hours in 2002.

I spent time exploring various venues to pursue my grievance outside of UBC, and in August 1992 filed a complaint with the RCMP Complaints Commission. I telephoned its Vancouver office and was told that an investigator would call me back. On August 11, investigator Lorraine J. Holland phoned and took my complaint as made on that day, on August 13 it was sent by the Commission’s regional director George Johnson to Inspector W. B. Vye, officer in charge of complaints and internal investigation at RCMP “E” Division in British Columbia, and was received on August 13-14.

On September 3 – as indicated by a line of fax marking on the copy released to me in 2003 by RCMP – my complaint was forwarded to RCMP Vancouver Subdivision which supervised the University Detachment at UBC.

At the halfway mark of this 20/21-day duration with my complaint sitting on the desk of the RCMP “E” Division section under Insp. Vye, a tragedy on the other side of Canada produced an international shock. On August 24 at Montreal’s Concordia University, engineering professor Valery Fabrikant brought a handgun to campus, fatally shot 4 of his male colleagues and wounded a female secretary. Originally from Belarus in Soviet Union, Fabrikant had been in disputes with colleagues over research credits and with university administration over his tenure application.

As mentioned in Part 1, the Concordia University multiple murders were one of the examples cited by journalist Jan Wong in her September 2006 article criticizing the French Quebec society’s “pure laine” attitude that alienated minorities and immigrants.

Prior to the murders, Fabrikant had launched lawsuits and an e-mail campaign against the university and some colleagues, and was sent a letter of notice dated August 21 from the university’s external legal counsel, Richard Beaulieu of the law firm McCarthy Tetrault, basically threatened with firing.

In his independent review for Concordia University, respected academic John Scott Cowan has offered the opinion that Beaulieu’s letter to Fabrikant may have contributed to stimulating the latter’s violent urge (“Lessons from the Fabrikant File: A Report to the Board of Governors of Concordia University”, by John Scott Cowan, May 1994, Concordia University Records Management & Archives):

“On August 17, the University's external legal counsel, Me R. Beaulieu at McCarthy Tétrault, sent a draft of a strong letter about the E-mail campaign to Me M. Gamache, the University internal legal counsel. … The final version was dated August 21, signed by Richard Beaulieu, and sent by registered mail. The Rector's office received a copy in the mail on or before August 24, as it bears a receipt stamp dated August 24. …

…

The letter is problematic, in that I find it to be a very strong letter. … Predicted dismissal just before the season in which he would be considered for tenure was not what he had in mind as a University response to his grievances and accusations, and could be viewed as giving him little to lose.”

I would have to agree with Prof. John Scott Cowan on this point, given my UBC experience as described in Part 4, i.e., when I was attempting to pursue matters in a peaceful and democratic manner, some others agitated me and tried to make things worse and possibly violent in order to frame me as violent or mentally unstable.

Coincidentally like me, Fabrikant was not only from a former Communist country but also an applied mathematician who twice applied for a UBC job, to the Mathematics Department in 1988 and 1990 – the same year I got my fixed-term Computer Science job and then the same year I tried unsuccessfully to get a tenure-track position as in Part 4 – but was turned down. Days before his killings Fabrikant also sent e-mail letters to a UBC Math professor to spread his complaints. (“Montreal suspect twice sought position at UBC”, by Mary Lynn Young, August 26, 1992, The Vancouver Sun)

The local ‘spin’ machines immediately began to turn upon the shocking news from Montreal. The next day August 25, Staff Sergeant J. B. (Bern) Jansen, officer in charge at RCMP University Detachment, gave an order to Cpl. Nancy McKerry to send the “original” statements about my case to “Key Materials”, “copy” some specific pages and place them “on File” and forward the “Files” to him for review:

“File Review

      Cpl McKerry

          (1) Statements

                 - Original to Key Materials

                 - Copy pages #’d & places on File

          (2) Please forward your Files for NCO i/c review as the supervisor.”

Was this the start of Cpl. McKerry’s altering of statement and fabricating of facts for my case? Possibly, with the following clues.

S/Sgt. Jansen said in his notes that some UBC local persons expressed fear about me:

“- File surfaced for review as became topical with a “Professor shooting staff” at Concordia University.

- Local staff surfaced fear GAO would return, advised to call A.S.A.P. we would intervene, however we could not re-initiate contact based solely on an unrelated incident.”

S/Sgt. Jansen also explained that local media asked if there was a local incident and he needed to respond:

“[…] – Kitsilano News […] called to query if a local incident had occurred.

No names released.

Advised. “Situation early July – Police intervention to keep peace. Subject in custody less than one hour.””

(Contents in […] have been withheld by RCMP from personal-information disclosures.)

Jansen then concluded that “to keep peace and ensure no escalation to physical violence” had been the reason for my July 2 arrest:

“- File reviewed. Short term detention needed to keep peace and ensure no escalation to physical violence.

- Related Files on system relative to GAO.

- Essentially a civil dispute thus criminal charges not appropriate.”

S/Sgt. Jansen’s notes above essentially outlined the following situation scenario: As local RCMP detachment commander, S/Sgt. Jansen knew my incident was “unrelated” to Valery Fabrikant’s murderous acts in Montreal, but some UBC persons claimed to fear me, and the local media was also interested in a local story; so although the arrest had been to remove me to vacate office, Jansen decided to make it look like preventing violence. He instructed Cpl. McKerry to selectively “copy” some pages of the police statements to keep “on File” and sending the original to a different filing, and somehow what was on file now appeared like preventing violence – doesn’t this look similar to McKerry’s alterations from her original report to her typed version?

The local story in the community newspaper, Kitsilano News, sounded even worse, not because of the local violence the story claimed but as a result of UBC Faculty Association President William Bruneau’s excessive politicizing, who made it sound like the conservative policies of Ronald Reagan and Margaret Thatcher caused people to fear losing their jobs and to resort to violence (“UBC profs anxious after tenure fight turns violent”, by Russ Francis, August 26, 1992, Kitsilano News):

“A Montreal professor who shot to death three of his colleagues this week was affected by the same “publish or perish” mentality behind two violent incidents involving University of B.C. professors in the last 18 months, says UBC Faculty Association president Bill Bruneau.

…

“He had to be dragged from his office,” Bruneau said. “It was related to the level of pressure on the campus.”

…

Staff Sgt. Bern Jansen of the RCMP’s university detachment confirmed that a former faculty member was held in police custody for a short time in early July after refusing to leave his office…

“Tenure issues are pretty big here,” Jansen said. “But we’ve never had anything anywhere near as big as the Concordia event.”

“There’s a lot of personality issues that takes place here – it’s just like any other community.”

…

In an interview Tuesday, Bruneau said the Concordia shootings recalled the 1989 Ecole Polytechnique massacre, in which Marc Lepine fatally shot 14 women engineering students. The rising level of violence in society is a concern to academics: “Universities are supposed to be concerned with reason and compassion.”

…

The university incidents point to a larger social question: “People are terrified they are going to lose their jobs – it’s a consequence of the 1980s, Reaganism and Thatcherism.””

So someone like me trying peaceful academic politics was now bundled – though my name wasn’t released – with Valery Fabrikant as causing “violent incidents” in universities.

S/Sgt. Jansen was going in the right direction emphasizing “a lot of personality issues”, but that should be about my dispute with Computer Science Head Maria Klawe and not about my mental state as some alleged. Prof. Bruneau was right saying universities were supposed to be “concerned with reason and compassion”, but I had not only been using reason to express my opposition to Klawe’s management style but tried to use democratic methods to address it – unfortunately my efforts may have amounted to nothing in Bruneau’s compassion standard.

Bill Bruneau’s political hyperbole seemed a righteous grandstand from his position, but it could do more harm to a former member of his faculty association like me. Bruneau would continue to pound on similar issues, including writing a book (William Bruneau and Donald C. Savage, Counting out the Scholars: The Case against Performance Indicators in Higher Education, 2002, James Lorimer & Company):

“Performance indicators have a long history. But it is no accident that PIs became the vogue in the Thatcher/Reagan era and beyond—one part of the movement to transform universities into business corporations complete with  CEOs and the top-down structures favoured by the business community. … In the end the result has been the exact opposite—the imposition of costly and highly centralized bureaucracies onto the university system, and the triumph of a right-wing nomenklatura.”

Wasn’t it a little hypocritical when the faculty association president, later president of Canadian Association of University Teachers, and also a Bertrand Russell scholar (“William Bruneau Elected as Speaker”, May 2006, Vol. 53, No. 5, CAUT Bulletin), effectively denied about a local management flaw while denouncing, in his publications, the wrong management theory for the world according to him?

Take my case as an illustration. Why was my predicament a consequence of Reaganism and Thatcherism, if not as a result of the oppressive means of Maria Klawe and Barry McBride, the backstabbing tricks of Jack Snoeyink, and the provocative/underhanded tactics of Christopher Healey and Andrew Martin as discussed in Part 4?

This Kitsilano News story apparently caught S/Sgt. Jansen’s attention, as on the next day, August 27, he faxed a copy to UBC Community Relations office to discuss with them, but their conversation content has been withheld by RCMP.

On August 27 Jansen also held a meeting with UBC “Computer Sc Faculty Admin Group”, a group I had never heard of but presume to include Head Maria Klawe and Acting Head James Kennedy, among others.

Per Jansen’s notes, the meeting was just more of UBC lobbying the police regarding concern or fear about me over the Montreal shootings. Jansen stood by his position that the two were “unrelated”, and that RCMP’s intervention rule should be normal; but as a precaution Jansen advised redirecting my telephone calls made to some colleagues to discuss the dispute:

“Recommended: If goals is to eliminate contact with GAO then all calls should be forwarded to university admin staffer outside department. To continue conversations is to encourage him to call.”

Jansen also noted that UBC Parking and Security would post a guard at the Computer Science office “as an entry level of precaution”.

In summary, although he changed the definition of my arrest from police-assisted removal to preventing violence, by and large the RCMP local detachment commander was careful not to treat me as a real suspect of violence; however, UBC Faculty Association’s president was more belligerent, and wrongheaded in his media interview putting a former member of his association in the same category as a murderer elsewhere, rather than sympathizing with the member’s peaceful dispute with the management.

There were two possible factors to account for William Bruneau’s position.

One, UBC Faculty Association had cozy connections to the university administration, making it not always easy to distinguish them clearly. Closely related to my case was Dr. William Webber, the Associate Vice President in charge of faculty affairs who in April had arranged for me to be assessed by private psychiatrist Ronald Remick in order to satisfy Dean Barry McBride and keep my e-mail privilege, whereby Dr. Remick determined that I was normal but also labelled me as a patient under his care in a note for the university as in Part 4. Dr. Webber had once held Bruneau’s Faculty Association job, and UBC considered it part of “administrative leadership” (“Senate Tributes – “W”: WILLIAM A. WEBBER”, University Archives, the University of British Columbia):

“Bill’s administrative leadership surfaced in 1968 when he became President of the Faculty Association, and expanded in 1971 when he became the Associate Dean of Medicine. Six years later he was appointed Dean of Medicine and served in that capacity for 13 years. … In 1990 he was appointed Associate Vice- President for Faculty Relations, and served in that capacity for six years.”

In fact, as in Part 4 it was a suggestion from Associate Vice President Webber’s office that led me to take my grievance also to the faculty association.

But in the end, the alignment between the faculty association and UBC management on my dispute was one of entrenched interests that an individual like me could not overcome.

A second possible factor was Valery Fabrikant’s poor relation with Concordia University faculty association, which had soured during the association’s mediation of his problems to the point that its president ended up among the shooting dead. Bill Bruneau was angry about it, as the news article indicated he also sent a letter of sympathy to June Chaikelson, vice president of Concordia University faculty association, on August 25; so as a result of the Montreal event he may have become more agreeable with UBC management’s pre-emptive strike against me politically.

The RCMP information cited above is from personal-information disclosures in 2003 and 2008, where the 2008 disclosure released more information from S/Sgt. Jansen’s notes than the 2003 one – the earlier disclosure had withheld all things about UBC’s attempts lobbying RCMP to link my case to the Valery Fabrikant murders.

Was the improved information disclosure in this case simply a matter of time passing, or that under former Prime Minister Jean Chretien’s Liberal government in 2003 the political climate ‘covered up’ for the academia? It turned out that in the next year 2004, both Jean Chretien and Maria Klawe – by now Princeton University’s Dean of Engineering and Applied Science – as well as Brian Mulroney’s in-law Lewis Lapham, the “famously liberal” Harper’s Magazine editor mentioned in Part 1, received honorary degrees from Queen’s University in Kingston, Ontario, with Chretien on May 27, Lapham on June 3, and Klawe on June 4.  (“Honorary degree recipients announced: Former Prime Minister, Editor of Harper’s among those selected”, May 11, 2004, The Journal)

The other honorary-degree conferee on June 4 as Klawe was Gordon Wells, Sub-Lieutenant of the Royal Canadian Navy, advisor to the Government of Jamaica and Senior Advisor to the Contractor General, and Chairman of the Jamaica Broadcasting Commission.

I should point out this was the same Canadian university from which Andrew Martin had graduated in 1989 before attending UBC Computer Science Department for graduate study, who in 1992 did more than others behind my back (as in Part 4) to send me to the ‘freezer’ for my opposition to Head Klawe’s leadership. I just didn’t know at the time that Maria Klawe and such powerful Canadian and international figures of  disparate political stripes would be so together.

Maybe there were also entrenched foreign interests in the authorities’ considerations.

On September 3, 1992 at the RCMP “E” Division complaints & internal investigation section, an Occurrence Report–General form was prepared by investigator Blommaert, and a letter was signed by Insp. W. B. Vye to notify me that the complaint was being forwarded to “Officer Commanding Vancouver Subdivision”. The next day, S/Sgt. Medley in the office of Superintendent D. G. Cowley, assigned the investigation to the officer in charge of the Deas Island Highway Patrol detachment, stating:

“S/Sgt. JANSEN, NCO i/C University Detachment, has given direction on this investigative file and I would appreciate an external examination of this complaint.”

That can be interpreted as that Jansen was involved in my case at this point and someone from outside, his counterpart at the regional highway-patrol detachment, would conduct the complaint investigation.

On September 7, S/Sgt. M. M. Ukrainetz prepared an RCMP public complaint receipt form, by September 9 he advised the 3 officers, N. E. McKerry, C. L. Dinham-Jones, and A. M. Bangloy, of the complaint.

As I recall, in his telephone conversations then with me to initiate the investigation process, S/Sgt. Ukrainetz did nothing but confidently assuring me that RCMP had done nothing wrong in this case, that their assistance had been requested by UBC and so my grievance should be against UBC only. Ukrainetz went as far as telling me, “the RCMP is on your side”.

I of course understood the politically correct image of the proud Royal Canadian Mounted Police, but the reality was that it intervened on behalf of UBC. I was unfamiliar with the relevant legal statues governing RCMP, and during that time was also consulting with lawyers about filing a lawsuit, some of whom strongly advised that I name both UBC and RCMP as defendants and use the court as the venue of grievance.

So when Ukrainetz called again on September 28, I told him I would be filing a lawsuit where the RCMP aspect of the dispute would also be dealt with, thus I could withdraw the complaint as he had urged. Ukrainetz replied confidently that I should not sue RCMP either.

Interestingly, the package I got from the RCMP Public Complaints Commission, a government agency independent of the RCMP, included a “Withdrawal of Complaint” with my name already typed in, so I just signed and faxed it to Ukrainetz.

S/Sgt. Ukrainetz’s final report dated one day earlier, September 27, showed hints that he had merely been trying to talk me out of it – calling me three times to arrange for an interview yet none was scheduled by the time of my withdrawal:

“… The operational file at the University Detachment was reviewed and Dr. GAO was immediately contacted to arrange an interview at a future date.

[…]

Dr. GAO was contacted on two further occasions in an attempt to arrange an interview with him. During one of these calls, GAO’s position seemed to be softening…”

(Content in […] has been withheld by RCMP from personal-information disclosures.)

Ukrainetz didn’t mention that I was filing a lawsuit, where RCMP would be named, in place of this complaint.

On October 5, S/Sgt. Medley signed for Supt. D. G. Cowley to approve termination of the complaint investigation:

“In view of the circumstances outlined by S/Sgt. UKRAINETZ and Dr. GAO’s official withdrawal of complaint, I recommend termination of this investigation (Section 45.36(5)(c)).”

Though the termination looks routine, a closer inspection suggests that Supt. Cowley may have applied the rules of the RCMP Act somewhat inappropriately in order to cover all the bases for the three officers.

Here is a listing of the relevant RCMP rules to explain why.

The RCMP Act section cited by Supt. Cowley states (“Royal Canadian Mounted Police Act”, Department of Justice Canada):

“45.36 (5) Notwithstanding any other provision of this Part, the Commissioner may direct that no investigation of a complaint under subsection 45.35(1) be commenced or that an investigation of such a complaint be terminated if, in the Commissioner’s opinion,
…

(c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.”    

In other words, all circumstances including my withdrawal were considered for the decision to end the investigation.

But there is a more directly relevant rule in the RCMP Act:

“Informal disposition

45.36 (1) The Commissioner shall consider whether a complaint under subsection 45.35(1) can be disposed of informally and, with the consent of the complainant and the member or other person whose conduct is the subject-matter of the complaint, may attempt to so dispose of the complaint.

Statements not admissible

(2) No answer or statement made, in the course of attempting to dispose of a complaint informally, by the complainant or the member or other person whose conduct is the subject-matter of the complaint shall be used or receivable in any criminal, civil or administrative proceedings other than, where the answer or statement was made by a member, a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.”

S/Sgt. Ukrainetz phoned me 3 times just to schedule a formal interview with me, yet none was ever scheduled while he kept trying to “soften” my position, so from my standpoint his efforts to persuade me to withdraw was not yet part of any investigation but attempting to “dispose of the complaint” informally. In this initial stage, statement made by either side to the investigator was not legally liable, except if the RCMP officers made a false statement “with the intent to mislead” they could be subject to a hearing on their conduct per Section 45.1 of the RCMP Act.

Cpl. Nancy McKerry’s altered statement (i.e., the typed version) to make me look mentally unstable and about to become violent, if by this time was “on File” when investigator S/Sgt. Ukrainetz reviewed the file, could be subject to a conduct hearing!

I wonder if the passage withheld in Ukrainetz’s report may reveal something relevant. But at the time Supt. D. G. Cowley, as signed for him by S/Sgt. Medley, simply invoked a “notwithstanding clause” in the RCMP Act so that all circumstances were declared as already considered by him.

The day Supt. Cowley issued his final decision happened to be the day before the filing of my lawsuit. On October 6, lawyer Brian A. Mason of Maitland & Company and I filed “Writ of Summons” and “Statement of Claim” at the British Columbia Supreme Court, naming both UBC and RCMP as defendants.

On October 9, lawsuit documents were served to RCMP University Detachment; on the same day S/Sgt. Jansen ordered Cpl. McKerry to hand-deliver them to the Police Car Accident/Civil Litigation Unit of “E” Division, and sent a copy with a cover note to his superior, Supt. D. G Cowley.

The office of Officer Commanding Vancouver Subdivision stamped its copy on October 13 and wrote on the cover note, “Supt. Cowley – For your Info.” So included in the RCMP disclosure are a few pages of my lawsuit copy with Supt. D. G. Cowley’s handwriting and seal on them.

On the first page of the writ of summons, Cowley’s writing appears to be:

“Discussion with Sgt Kelley (Civil Litigation) and he has the matter in hand. We will hold across town & brief subject to reenter or call from Sgt Kelley (264-2864)”

The handwritten comment was accompanied by his official seal stamp, signed and dated October 14, 1992.

The Occurrence Report–General form for the July 2 arrest, originally prepared by Cpl. McKerry on July 3, was also modified by Cowley, Where McKerry was listed as “Investigator”, “Parking Security UBC” as “comp” (complainant) and I as “sus” (suspect), there is an additional stamp of the same seal of Officer Commanding Vancouver Subdivision, signed and dated October 14, 1992.

Because Cowley used his seal to give official status to his comments on my writ of summons, my guess is that the seal stamp on this form served a similar purpose of authorization. I note that the stamp is located inside the “comp” section of the form, investigator McKerry’s Unit info “UBC” is crossed out with a pen, and where UBC Parking & Security’s info was unfilled has a large handwritten cross mark, and next to it is Cowley’s seal stamp.

So my sense is that it was a ‘stamp of approval’ after the fact, for the RCMP arrest conducted by Cpl. McKerry, namely that in reaction to my lawsuit Supt. D. G. Cowley post-authorized the July 2 arrest, thereby assuming Cpl. McKerry’s responsibility in a manner analogous to his invoking the “notwithstanding” clause over ending the investigation for my public complaint.

In other words, whether with the earlier public complaint or this later civil lawsuit, if I could not overcome the power of RCMP’s Vancouver regional commander I simply would not win, and that was decided by him without my being aware of the situation.

Inspecting more carefully I notice that in the “sus” section my race is listed by McKerry as “Ori”, place of birth as “China”, and citizenship unfilled – even though as in her July 2 police report she had Cst. Dinham-Jones check my immigration status and learned that I had just become a Canadian citizen on July 1.

After my release on July 2 McKerry told me that she lived in Surrey, which happened to be where my citizenship had been approved. In the “comp” section on this form, Cowley’s seal stamp is at around the location where the info of race, place of birth and citizenship would be.

I don’t want to be speculative, but maybe Supt. Cowley held the opinion that as a new immigrant Canadian I was in no position to sue the police.

On the same day of October 14, in a memo sent to Department of Justice to request legal representation for Cpl. McKerry, Sgt. Frank Kelley declared:

“It would appear the plaintiff and his lawyer are in the wrong court, however your department may have other ideas.”

The meaning of “the wrong court” was already quite explicit, that the RCMP not only did not accept being sued by me but was considering criminal prosecution against me.

Sgt. Kelley also handwrote some additional comment:

“Supt. Cowley OIC Vancouver S/D called on this civil suit and I advised him the ‘package’ was being taken down this A.M. by Cpl. Pacula, while attending another civil matter.”

Sgt. Kelley’s phrase, “the ‘package’ was being taken down”, smacks of cops pursuing criminal suspects, not unlike the wording of Supt. Cowley’s comment on my writ of summons, “we will hold across town & brief”.

These suggest that an intent of criminal prosecution also came from Cowley, RCMP’s Vancouver regional commander, and it was perhaps implied by his seal stamp on the Occurrence Report–General form.

The next day, October 15, Department of Justice lawyer Paul F. Partridge had a phone conversation with my lawyer, and on October 20 sent a letter to Brian Mason stating:

“I confirm my suggestion to you that the named defendant, R.C.M.P., is not a legal entity capable of being sued.

I confirming your advise that you will be taking steps to amend your pleadings to name a proper defendant and that you will not take any steps in default without having first given me reasonable notice of your intention to do so.”

Technically there was a minor glitch in the lawsuit: it was supposed to name “Her Majesty the Queen in Right of Canada” as the defendant when suing any Canadian government agency.

But why all the fuss by Supt. Cowley in his authority, and by him and Sgt. Kelley in their ‘cop talk’, and now by the Justice Department lawyer phrasing a minor technicality as his suggestion that RCMP “is not a legal entity capable of being sued”, and further demanding that my lawyer notify him in advance of the “intention” to take “any steps in default”?

My conclusions are that Supt. D. G. Cowley intended to block my civil lawsuit against RCMP – much like Dean Barry McBride blocking my democratic opposition to Head Klawe’s management style at UBC – and to use criminal prosecution as retaliation against me, and that following his cue the Justice Department exerted pressure on my lawyer to ‘get in line’.

In a Chinese blog post, “忆往昔,学历史智慧(三)——文革“破旧立新”开始的记忆”(“Reminiscing the past, learning history’s wisdom (Part 3) – memories of the start of "destroying the old to erect the new" in Cultural Revolution”, with English Synopsis), I have recalled my childhood experience of facing a “home raid” by Cultural Revolution Red Guards in 1966 at the dorm-apartment allocated to my middle-school teacher mother, located near Guangzhou City’s Second Workers Cultural Palace at 640 Tongfu East Road.

Now in 1992 I happened to be living in a Vancouver apartment at 1640 West 11th Avenue, while the phone number of RCMP Sgt. Frank Kelley in charge of civil litigation was 264-2864.

So many “64’s” already, not to mention over a decade later Maria Klawe’s honorary degree from Queen’s University on June 4, 2004!

I should say it out loud, that June 4, 2004 happened to be the 15th anniversary of what the Western media refers to as the Tiananmen Square Massacre in Beijing, China, when democratic protests were ended by military force.

The date of October 14, when Supt. D. G. Cowley issued his authorization against my civil lawsuit in 1992, is also interesting to me though somewhat more elusive.

My most recent Chinese blog post, “忆往昔,学历史智慧(六)——青少年时代对政治思想的一些兴趣”(“Reminiscing the past, learning history’s wisdom (Part 6) – some youthful interest in political thoughts”), was dated November 9, 2011, in memory of my late maternal grandfather who first taught me read and write, who had been born on October 14 in the Chinese lunar calendar around the turn of the 20th century. Grandfather was a retired ordained minister of a historical Presbyterian church in the eastern region of China’s Guangdong province, the first Christian church in that region’s history, and his grandfather had been the first ordained Chinese Presbyterian minister in the capital city of that region (prefecture).

No one in his right mind here is trying to accuse Supt. D. G. Cowley of picking a similar but coincidental date to authorize political persecution of me, but just to get a better understanding by looking at other relevant events on that date in this context.

There was another October 14 in this same Chinese blog post, where I quoted from an article by Vladimir Lenin, “Fourth Anniversary of the October Revolution”, written on October 14, 1921 (probably in the Julian calendar). This article is of special interest because some of China’s Chairman Mao Zedong’s writings strongly paralleled it, and a main theme of this Chinese blog post of mine is a critical review of  Mao’s writings which I had studied as a youth – and the subject matter is doubly interesting because my late father has been a noted Chinese academic in the history of Marxist philosophy.

One may notice the coincidence that the Polish immigrant Robert Dziekanski arrived in Vancouver on an October 14, to become a Canadian landed immigrant but unfortunately upon arrival was immediately tasered to death by RCMP.

I can’t think of anything in my environments so tragic involving someone Polish, other than – as in Part 3 – when I was a Berkeley Math graduate student, that bomb attacks wounding two Berkeley Electrical Engineering persons and scores of others in the United States were secretly carried out by Theodore Kaczynski, Polish American and former Berkeley Math professor before my time there.

But I find it intriguingly interesting that Maria Klawe is actually of part-Polish heritage. Her father had come from Peotrekow in Poland and worked as the chief cartographer for Thomas Nelson & Sons in Scotland, a Christian publisher and one of the oldest publishers of Arthur Conan Doyle’s Sherlock Holmes stories, while her British mother had served as an intelligence officer during World War II, prior to their settling in Edmonton, Canada. (“West African secondary school atlas”, ed. by J. W. Watson & A. K. Wareham, Maps by Cartographic Dept., Thomas Nelson and Sons Ltd., Janusz J. Klawe, chief cartographer, 1963; “The State of Canadian Children’s Atlases from a European Perspective”, by Herbert A. Sanford, Vol. 24, No. 1, Spring 1987, Cartographica; and, “In Memoriam – Kathleen Klawe”, Newsletter 2003, Department of Economics, University of Alberta)

These various dates and facts may have been coincidences, but there probably were undercurrents of politics that should not be ignored.

Supt. D. G. Cowley’s main media profile has exemplified one such, exclusively focused on leading RCMP crackdown of native-activist blockades near Whistler-Pemberton just north of Vancouver – protests waged in 1990-91 by the Lil’wat Peoples Movement of the Mount Currie Band.

On November 2-3, 1990, the press reported that RCMP Inspector Dave Cowley flew to the native blockade to warn them that the police may begin arrests and the future would be unpleasant for them (“Victoria heading to court to halt Indian blockade”, by Stewart Bell, November 2, 1990, The Vancouver Sun):

“The provincial government was heading to court today to seek authority to take down a road blockade erected by Mount Currie Indians.

Attorney-General Russ Fraser announced the government plan after members of the First Nations Congress and the RCMP got a chilly response when they met with the Mount Currie Indians Thursday to try to end the blockade on the Duffey Lake Road.

…

But the natives, who say they are a sovereign nation and do not recognize Canadian laws, drummed and sang "RCMP have no jurisdiction" after a brief meeting at the blockade Thursday with Vancouver RCMP Insp. Dave Cowley.

…

"I just can't help but worry that we're coming to some clash down the road," Cowley told the group of about 30 natives sitting around a campfire.

"If there's some way we could discuss the issue today to avoid any unpleasantness, that's why I'm here."

Cowley said he had come to the blockade simply to "patrol the neighborhood" and not because he had been instructed to do so by his superiors.”

The authority for the crackdown came from Chief Justice William Esson of the B.C. Supreme Court, but the native protesters insisted they were sovereign and not subject to RCMP jurisdiction (“Blockaders get ultimatum: Arrests due if road not cleared; Indians get ultimatum to end road blockade”, by Phil Needham & Stewart Bell, November 3, 1990, The Vancouver Sun):

“The blockade on the Duffey Lake road through the Mount Currie Indian Reserve must immediately be lifted or specific authorization for arrests and detention could be ordered next week, B.C. Supreme Court Chief Justice William Esson says.

…

Harvey Groberman, lawyer for the ministry of highways, said the judge "wanted to be absolutely certain that there was no confusion in the minds of the Indians."

Lil'wat Peoples Movement spokesman Terri John sent a letter Friday to Vancouver RCMP Insp. Dave Cowley – who visited the blockade Thursday – saying police should not be sent in because the question of who owns the road is still being debated in court.

Mount Currie Indian band lawyer Leslie Pinder plans to apply Monday for a hearing before the B.C. Court of Appeal to challenge the province's right to expropriate land from Indian reserves.”

Then on November 7, Cowley was for the first time reported as RCMP Superintendent in charge of the police crackdown that began the day before (“50 arrested at Duffey blockade face supreme court appearance”, by Scott Simpson and Bart Jackson, November 7, 1990, The Vancouver Sun):

“Most of the 63 natives arrested in the dramatic dismantling of the four-month-old Duffey Lake Road blockade Tuesday were to appear in B.C. Supreme Court in Vancouver today.

About 50 of those arrested were bused to Vancouver from Whistler and Pemberton after they refused to sign declarations they would appear in court on Friday.

…

RCMP Supt. D.G. Cowley said the natives were to be held until today, when they were to appear in Supreme Court.

…

The dismantling of the roadblock by 75 RCMP officers from detachments in the Vancouver subdivision was an emotional and occasionally violent five-hour operation.”

The protesters and their lawyer accused the RCMP of trying to escalate the situation by bringing semi-automatic weapons, but “RCMP Vancouver subdivision commander” Supt. D. G. Cowley denied it (“Duffey Lake weapons charges 'mindless,' RCMP leader says”, by Doug Ward, November 10, 1990, The Vancouver Sun):

"Mindless accusations made to the media regarding the existence of semi-automatic weapons, body armor and assault dress are totally irresponsible and false and can only serve to inflame a sensitive community policing situation," said Supt. D.G. Cowley, Vancouver subdivision commanding officer.

Cowley's comments came after lawyer Lyn Crompton, representing natives arrested in the dismantling of the roadblock, charged outside the courthouse Friday that the RCMP is turning the Mount Currie dispute into an Oka-style confrontation.”

You see, D. G. Cowley was promoted within RCMP from Inspector to Superintendent in early November 1990, just in time to lead a crackdown on native protests on November 6 and appear victorious to the press on November 7, which happened to be an anniversary of the 1917 Russian Revolution – to commemorate it Vladimir Lenin had written an article 4 years afterwards on October 14, 1921.

Maybe Supt. Cowley indeed liked to escalate conflicts to the demise of those who protest or complain.

Anyhow, in October 1992 I had no knowledge of Supt. D. G. Cowley, but was told by my lawyer Brian Mason about a Justice Department lawyer phone call saying that the lawsuit pleading incorrectly named RCMP instead of the Queen. Mason soon filed an amended version.

The Statement of Defence filed by Justice Department lawyer J. D. Bissell on November 18 on behalf of RCMP was when Cpl. Nancy McKerry’s altered version of police report, with fabricated facts about the July 2 arrest, was filed at the court. The 2003 RCMP disclosure shows what looks like a copy (its contents have been withheld) of the typed version cited earlier, faxed on November 13 by S/Sgt. J. B. Jansen to Justice Department lawyer Paul Partridge.

So, what had begun in late August by the local RCMP after Valery Fabrikant’s murders at Concordia University, namely redefining my case as that of potential violence on my part, by mid-November became official with the legal filing from Justice Department.

Moreover there was a new revelation in the RCMP statement of defence to support its claim of concern for violence: on July 2 before the police intervention, Cpl. McKerry had reviewed an RCMP report showing I had been “violent” on March 16 – the day when I had heated email exchanges with Christopher Healey as in Part 4 – by throwing a coffee mug at a UBC student.

As mentioned in Part 4, to show my anger after he had tailed me in near darkness the day before, I did toss my plastic mug at the wall but not toward Healey.

So now you see I could have been treated like Robert Dziekanski was 15 years later, had the RCMP chosen to do so on the basis of second-hand information about ‘similar’ physical behavior.

But in November 1992 my focus was not on the lawsuit itself but trying to get publicity for it. To me, the lawsuit was an extended continuation of the dispute with Maria Klawe over her management style at UBC.

Furthermore, for several months like many Canadians I had followed the events of the Charlottetown constitutional accord and national referendum campaign with great interest, and had begun to view Prime Minister Brian Mulroney in a similar vein as I did Head Maria Klawe, namely that both had used quite a bit of bullying tactics in their politics. So I decided to also take a modest shot at the issue of Mulroney’s leadership.

My first two written press releases were sent on November 10 to British Columbia TV and Canadian Broadcasting Corporation TV in Vancouver, and included the issue of Mulroney’s leadership and that of the failure of the Charlottetown constitutional process. In my yet unfinished series of blog posts on Canadian politics, written during 2009, I have discussed some statements in them (“The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 5)”):

“In one of the press releases on this date, November 10, 1992, I called for B.C. Tory MPs to support their caucus chair Stan Wilbee who had publicly demanded a leadership review, … and I demanded that constitutional affairs minister Joe Clark give a public account of the damages to national unity and to the economy inflicted by the Tory government’s constitutional misadventure. The quote below is from a copy of my old press release – disclosed to me in an October 1, 2003 RCMP personal-information disclosure:

  “Mr. Stan Wilbee, MP for Delta, B.C., has spoken out publicly, criticizing Mr. Mulroney’s leadership and requesting a province-by-province Tory leadership review. The B.C. Tory MPs should speak out now in support of Mr. Wilbee, reaffirm their confidence in him as the B.C. caucus chair, and defy Mr. Mulroney’s threats of retaliation by means of cabinet restructuring or by any other means. … the most pressing issue facing the country right now, that of Mr. Mulroney’s fitness as the prime minister. … Before taking up any new tasks, Mr. Joe Clark needs to give the people of Canada an adequate explanation for the recent Charlottetown constitutional fiasco and a satisfactory account of the full extent of damages the latest constitutional adventure of the Tory government has done to both national unity and the economy.”

”

It turned out that on the same day the Mulroney government made an intriguing international diplomatic move for the RCMP, winning Chinese government acceptance of RCMP Commissioner Norman Inkster’s nomination as the new president of the International Criminal Police Organization (INTERPOL), i.e., unopposed. I discussed this in the above May 2009 blog post:

“Even more intriguing is the fact that back on November 10, 1992 when Mr. Inkster was named president of Interpol, he got the job without competition: he became the only candidate when a second nominated candidate – from China – withdrew in favour of him.

Now that’s worth pondering: with Mr. Mulroney’s diplomatic clout among western leaders, Mr. Inkster likely had been agreed upon by them; but a Chinese government non-compete gesture at a time when the June 4, 1989 violent military crackdown on Tiananmen Square pro-democracy protests was still fresh in people’s minds? That had to be the result of some deal from Mr. Mulroney.

What is personally interesting is that the day when Norman Inkster was acclaimed president of Interpol happened to be the day when I first sent written press releases to the media – especially CBC-TV in Vancouver – criticizing Mulroney’s leadership in general and his conduct in the Charlottetown constitutional process…”

I can see this new Interpol primacy giving Supt. D. G. Cowley even greater confidence at the time in exercising police crackdown on protests and complaints.

Three days later on November 13 – the same day when S/Sgt. Jansen sent Cpl. McKerry’s altered police statement to the Justice Department – Prime Minister Mulroney made another daring political move, the more subtle implications of which virtually gone untouched by the national media: he appointed Justice John Charles Major of Alberta to the Supreme Court of Canada in what turned out to be his last Supreme Court appointment before retiring in 1993.

I also discussed this in the above quoted 2009 blog post:

“Also note that Mulroney’s appointment of John C.  Major of Alberta – a lawyer in the law firm Bennett Jones Verchere headed by Mulroney’s tax lawyer and financial trustee Bruce Verchere and a friend of Karlheinz Schreiber – to the Supreme Court of Canada happened on November 13, 1992, i.e., amid the tension of Stan Wilbee’s call for a leadership review, and that back in 1983 Schreiber had been involved in political maneuvers to oust Joe Clark and bring in Mulroney as Tory leader (the topic has been discussed in previous Notes, with attention to the fact that Justice Major later took early retirement on Christmas Day 2005 ahead of his turning 75 on February 20, 2006 – a date when my late father would have turned 73).”

More precisely, prior to being appointed to the Alberta Court of Appeal in 1991 John Major was a lawyer at the law firm Bennett Jones Verchere headed by Bruce Verchere, whose very limited media profile placed him as a lawyer and Canadian director for the Swiss Bank Corporation (mentioned in my earlier blog post in March 2009, The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 2)).

There were press articles from critics who disagreed with Major’s Supreme Court appointment on the basis of legal perspectives and court-bench experience (“Albertan named to Supreme Court Long-time lawyer has Tory ties, less than two years on bench”, by Sean Fine, November 14, 1992, The Globe and Mail; “Still mostly middle-aged, rich, Christian, white men JUDGES " The faces on the benches of Canada's courts don't represent the country's real makeup. There are too few women and minorities”, by Allan Hutchinson, December 3, 1992, The Globe and Mail; and, “PROFILE A 'lawyer's lawyer' ascends to the top court The latest appointment to the Supreme Court of Canada has been greeted with much controversy. Here’s how the country’s legal community feels about the newcomer on the bench”, by Sean Fine, January 23, 1993, The Globe and Mail).

But as far as I have searched for, not one person pointed out another real issue – whether anyone in the media knew in any official capacity is a related issue – that the prime minister was actually appointing a former underling of his personal financial manager and tax lawyer to be a supreme justice of the country.

It was not until 1998 when the anti-corruption crusader and journalist Stevie Cameron published her book, Blue Trust: The Author, the Lawyer, His Wife and Her Money, that it became public knowledge Bruce Verchere had been Mulroney’s personal lawyer and financial trustee who then died of a gun-inflicted, reported suicide in August 1993 two months after his appointment as Board Chairman of Atomic Energy of Canada Limited – where UBC Computer Science Acting Head James Kennedy had come from – by Mulroney a day before retirement as Prime Minister.

Cameron said in 1998 that to write this book she had been encouraged by the prominent Canadian author, (the late) Mordecai Richler, who had also introduced her to many of her sources for the story (“Bumper fall crop of Canadian books”, by Judy Stoffman, June 22, 1998, Toronto Star).

Yet to this day no one has raised a voice that Justice John Major had practiced law under Verchere in that law firm that served Mulroney, or that Justice Major had been a friend of Karlheinz Schreiber, the central figure in the Airbus Affair and the Mulroney-Schreiber Affair who laundered tens of millions of dollars in commissions from 1988 Airbus plane sale to Air Canada, including through bank accounts at the Swiss Bank for which Verchere was a Canadian director and lawyer while at the same time the financial trustee and lawyer for Prime Minister Mulroney.

Some of the financial and political relationship between Mulroney and Schreiber has been discussed in Part 1. The official Canadian government inquiry into these has so far only focused on if Mulroney accepted $300,000 from Schreiber shortly after retirement and whether that was ethically appropriate – a scope so limited even Schreiber himself felt was far from the real picture, as discussed in Part 1.

Looking back to November 1992, I get the sense that at the time Brian Mulroney was busy installing sufficient protective cushion, on both the law enforcement and legal justice fronts, for his and his political circle’s future, and that my attempt into public opposition to his leadership wouldn’t bode well for me.

Ten days later on November 20, 1992, I sent out another press release that focused on some of Mulroney’s leadership behavior, as discussed in my September 2009 blog post (The myth of political vendetta in the Royal Canadian Mounted Police’s Airbus Affair investigation, the politics of Brian Mulroney and Jean Chretien, and some social undercurrents in Canada (Part 9)):

“On November 20, 1992, … I sent out another press release lambasting Mulroney’s “constitutional adventures” and his pushing Clark aside and resorting to “horse-trading” on constitutional negotiation:

  “His constitutional adventures have done nothing but damages to both national unity and the economy. The horse-trading approach he employed during the final stage of the Charlottetown constitutional negotiation after he pushed Joe Clark aside (Poor Mr. Clark, he never failed Mr. Mulroney, not yet anyway), and discarded proposals based on the efforts of many experts, political leaders and ordinary people, together with his hardball tactics during the referendum campaign, caused the massive No votes across the country and the resulting division and resentments among people.”

To single out Brian Mulroney for all the blames may have been overly simplistic, but in late 1992 it was done attempting to put pressure on the issue of his leadership future.”

Another ten days later on November 30, I faxed all of these press releases, with a cover note, to the Canadian Member of Parliament in the riding where I lived, Vancouver Centre, in what would turn out to be a very self-devastating political move.

At the time, my local MP was Kim Campbell, Justice Minister in the Mulroney government. I was hoping that Campbell would take my criticisms and allegations about Prime Minister Mulroney seriously, but as my review of the history in my 2009 blog posts indicates, she would soon be getting a political ‘inheritance’ from Mulroney to become the next leader of the Progressive Conservative party and the Prime Minister – the first women as the leader of Canada was a real tempting prospect.

In my cover note to Kim Campbell I went as far as essentially alleging a scandal in Mulroney’s handling of the Charlottetown constitutional process. I also alleged that I was about to be politically persecuted, for the reason that CBC Television in Vancouver to which I had sent the press releases, had begun to threaten that if I did not stop contacting over these issues I would be criminally charged with harassment.

Here is what I stated to Kim Campbell:

“These are press releases I have sent to CBC-TV. I have strong reason to believe the CBC regional management has informed against me and a political persecution ordered by the PM is underway. I need the immediate support of my MP and the B.C. Tory MPs. Charlottetown constitutional process was an elaborate setup by the PM to settle political scores and eliminate potential political opponents. I’ll get in touch later.”

After the morning fax, in the afternoon I was at home attempting to speak on the phone with CBC-TV, and as with most of my other attempts was put on hold. Unexpectedly, there were polite knocks at my apartment door, and I opened it to find two plainclothes gentlemen who had been let in the building by a neighbor. They introduced themselves to me as Sergeant Brian Cotton, a detective, and his Constable companion, RCMP officers from the University Detachment.

I of course had no idea that there was a Supt. D. G. Cowley who kept things under tight grip.

(Continuing to Part 6)