Wednesday, September 30, 2015

Mr. Meronek Slings A Little Mud

When we left off the other day, I told you how the judge in my grade appeal application asked me if I wasn't attempting to use this action as a way of getting my foot in the door at the University. "That is correct", I told him, "because once I have access to the University's procedures for grade appeals, I can assert the basic rights of due process which you tell me this court has no jurisdiction to grant me; including the right to confront my accusers." (The Judge had just finished telling me that the Court had no right to interfere in "academic matters.")

It seems Mr. Meronek, counsel for the University, thought he could make a little hay out of this exchange; the very next day, he had his associate, Mr. McIvor, file an affidavit with the Court stating that

"...during Mr. Green's oral presentation, (he) remarked something to the effect of his present application being a way to get his foot in the door again at the University and confront his professor."
If this isn't a clear case of fear-mongering, I don't know what is. My words with regard to "the right to confront my accusers" are taken right out of the Sixth Amendment of the U.S. Constitution and simply describe one of the basic tenets of due process. Mr. McIvor, on the other hands, puts the word "confront" in my mouth in such a way as the reader would naturally assume that my purpose in "getting my foot in the door" at the University is to cause a confrontation with my professor. (The same right to confront one's accusers is present de facto in Canadian jurisprudence but the framers of the Charter chose not to express it so explicitly as did the Founding Fathers south of the border. So, for instance, the Supreme Court allows victims of sexual abuse to testify from behind a screen.)

The University's lawyers (the firm is Darcy and Deacon, by the way) have a lot of nerve casting these kinds of innuendos, especially after accusing me of unethical behavior earlier this year when I contacted various people at the University to refute another one of their allegations against me. (They later agreed to retract the claim that my conduct was "unethical".)

So I sat down and composed a letter to the University faculty members, with the intention of providing the explanation that I have given here. I think I am entitled to assume that if the University's lawyers filed that affidavit  court, they also communicated its content to their clients. In which case I had every right to defend myself (even though the University is presently seeking a Court Order to prevent me from doing exactly that.)

But before I could get around to the question at issue, I felt I needed to put things in context by listing all the other lies the professors had been telling about me for the last four years. And by the time I finished doing that, the letter was a little long. So I never did get around to the "confrontation" issue.

But here you have it. And when I come back, I will post a copy of the letter I sent to the University on Monday, listing all the other lies they have told about me. Well, not all of them actually...just the biggest ones which I have been able to refute so far. I am confident that I will refute all the lies once I get the opportunity to call witnesses, cross-examine them, and "confront my accusers" - the very rights which the Manitoba courts have been denying me ever since I launched these actions three years ago.

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