Justice for Paul James: 27 Facts
Dear the Right Honorable Prime Minister Justin Trudeau, the Liberal Government of Canada, the Canadian Parliament and the Supreme Court of Canada:
1. We are writing to you with an attached petition as representatives of the Canadian Soccer Alumni Association Canadian Soccer Industry and as Canadian and Global citizens on behalf of Paul James - a three time inductee into the Canadian Soccer Hall of Fame - in his pursuit of social justice against his former employer York University.
2. Excommunication, Harassment, Poor Treatment, Discrimination, Request to Formalize Resignation, Painful Retreat, Discrimination
York University requested Paul James formalize his resignation as master soccer coach at the institution in October 2009, in spite of the unprecedented success the soccer program achieved during his 6 year leadership at the school. York University knew of Paul's mental health disability which included documented medical evidence in their Employee Wellness Office but failed to responsibly intervene, support or accommodate his poor mental health in spite of it being plain and obvious that he was in much distress during the period in question and in spite of their Human Rights obligation as an employer to do so.
Rather than provide support, York University, knowing of Paul's highly stigmatized mental disability, callously set-about to constructively dismiss him - a labor relations term for inappropriate, discriminatory unfair removal of an employee - through devolving the Master Soccer Coach position he had held for 6 years; agreeing to hire Carmine Isacco as the full time men's soccer coach before Paul had even left the institution and then stating to him directly on December 8, 2009 that, "we hope you have your head screwed on straight this time"; that the Master Soccer Coach role he was employed in did not work; and that he could apply for the full time women's soccer coaching position and his application would only be considered with other applicants and this 3 weeks after Paul had led the women's soccer team to their third OUA Championship in five years. They have not won an OUA Championship since on the women's side.
The resulting personal paralysis - similar to a female being sexually harassed - from such employment discrimination and poor treatment is precisely why the Human Rights Commission exists in order to protect those most vulnerable in minority groups from such malevolent unlawful acts which causes the recipient of such behavior to retreat from the psychological pain, humiliation, shame, and embarrassment of their circumstances. It is why persons are intimidated to formalize their resignations under such duress.
Since Paul James opened up to persons at York University in 2008 he was excommunicated by staff members for no reason; fired from his part-time television analyst job for no reason; blamed for issues at York University that were not of his doing; ostracized from any support for no reason; requested to formalize his resignation with no exit interview conducted or investigation of his circumstances; given no health support or direction; and told he would have to re-apply for a devolved position he already held and for no logical appropriate reason outside the institutions discriminatory intent.
And to confirm the premeditated intent of York University in 2009 the institution resurrected the Master Soccer title/model in 2011 when they hired Carmine Isacco to over look both the men's and women's soccer teams.
3. Petitions Conclusion at the Outset
If social justice is not delivered then not only will - in the words of former Canadian international Paul Peschisolido - a Canadian soccer legend die of starvation, in front of the Canadian and Global public, but also, the message to every Canadian citizen will be, "never, ever come open to seek help and support during a period of poor mental health".
4. Paul James' Intent With Hunger Strike Protests
We understand the overall intent of Paul James's conviction, courage and determination is to assist millions of other Canadian and Global citizens to live lives as normal citizens irrespective of any exposed mental disability: Employable, dignified lives free from prejudice, discrimination, stereotyping, indignity and disrespect.
5. Hunger Strike Protests
Paul James's legitimate, legal methodology of social protest - while it regretfully puts Paul in the way of physical harm - is a consequence of:
a. his decade long battle to receive support and assistance
b. his exhausting of all other avenues for seeking fair access to social justice from plain and obvious injustice
c. his determination to live his life as a normal citizen with a substance disability free from discrimination, prejudice, and harassment and his conviction for the transparency of the Truth to be illuminated, the denial of which harms Canadian society's opportunity to progress and improve the mental health of all its citizens, economically, socially and politically.
6. Suspension of Hunger Strike Protest Number Nine October 3, 2018 Start of Hunger Strike Number Ten October 17, 2018,
Paul James supporters across the country including former World Cup team and staff members of the 1986 World Cup team who represented Canada at the FIFA World Cup in Mexico, respectfully influenced Paul to temporarily suspend his protest methodology on October 3, 2018.
Paul embarked on protest number 10 on October 17, 2018.
Through the attached petition we respectfully request and demand the Canadian Parliament once and for all intervene and investigate the Paul James story in order to bring this matter to a positive end through the delivery of social justice to Paul James. The ultimate consequences will be to the benefit of millions of other citizens and to Canada as a nation through progressive improvement on a social health phenomena in desperate need of change.
7. Paul James: The Facts
After a decade of substance use which developed into a substance issue, Paul James was eventually diagnosed with a bonafide mental health substance disability in 2008 implicitly protected under Section 15 of the Canadian Charter of Rights and Freedoms.
Paul's background and achievements in spite of these facts include the following:
(a). Three-time inductee into the Canadian Soccer Hall of Fame
(b). Four time CONCACAF Champion as a player and as a coach
(c). 47 appearances for the Canadian World Cup soccer team, 8 as captain and over 50 appearances as a Canadian national soccer coach
(d). Two FIFA World Cup Championships (Mexico 1986 - Argentina 2001)
(e). Two Olympic Games appearances (Los Angeles 1984 - Beijing 2008)
(f). Six coach of the year awards at all levels including 2007 Canadian Inter-University Sport (CIS) national women's soccer coach of the year
(g). Television soccer analyst for the CBC; Sportsnet; The Score Television network & CTV
(h) Writer for the Globe and Mail as a soccer analyst (2009-2010)
(i). B.A. from Wilfrid Laurier University and a niche soccer MBA from the University of Liverpool in 2003.
(j). Authored Cracked Open a personal memoir from 2009-2012
(k). Certified as a Substance Addictions Coach in 2014
(l). Litigated as a self-represented Applicant Two Human Rights Discrimination claims confronting the infringement of his human rights as a normal person with a substance disability through the Canadian Judicial Process. Firstly, against Borden Lander Gervais in the Mooredale Soccer Club matter (settled on third day of Human Rights Tribunal of Ontario hearing in November 2017) and secondly, against McCarthy Tretault and the Human Rights Tribunal of Ontario (HRTO) in the York University matter including two levels of the HRTO; the Divisional Court of Ontario; the Ontario Court of Appeal; and two levels of the Supreme Court of Canada.
(m). Produced all content on the Confronting the Stigma of Drug Addiction over a two year period (2016-2018) including blogs, YouTube videos and Webinar Teaching items resulting in over 1 million views to the website and 200,000 YouTube views.
(n). Embarked on 9 hunger strikes protests during the period November 2016 - October 2018 seeking support, understanding, compassion and correction of the social injustices while confronting and proving the systemic and destructive consequences that accompany the stigma of drug addiction on those that suffer and on Canadian society as a whole.
8. Paul James: The York University Facts (Taken from the 2013 Report Paul James sent to then President of York University, Dr Mahmoud Shoukri)
"Inspired and influenced by the principles unearthed in Jim Collin’s best selling book Good to Great the task of leading York soccer into a positive future commenced on November 1, 2003. During the first six weeks as master soccer coach, I assessed, observed, and researched all aspects of the York soccer program, including the overall history and the present status. As a result of this observational assessment, a 40 page report was produced and presented to Sport York’s Pat Murray; Sheila Forshaw; and Ken Schildroth. The highlights of the document included, but were not limited to, a soccer excellence account $10,000 in arrears; an inefficiently run soccer fundraising tournament with profits less than $1000; an unpaid bar tab from the men’s soccer team account in excess of $500 (accrued the night before an OUA game in Nippising); a 15 year history of the women’s soccer program with no tangible success at any level; a men’s soccer program not only devoid of success for the previous decade but also, a garnered reputation among competing teams for being undisciplined, arrogant, and disrespectful. Fast forward 6 years to 2009 and the York University soccer program had achieved 8 divisional titles; 4 OUA championships; a national championship; two national coach of the year awards; two national player of the year awards; two national rookie of the year awards; numerous CIS All Canadians; copious individual OUA honors; regular status as having one the best disciplinary records in the OUA and CIS (a complete reversal of the previous decade); a positive excellence fundraising account in the black by $8,000; the development of the largest high school soccer tournament in the province generating a yearly profit in excess of $10,000; a national reputation for having one of the best run soccer programs in the country – both teams were ranked number one in 2007 and 2008 at varying times (never out of national top ten rankings with both teams from 2006 on-wards); women’s team recorded an 18-2 season in 2007 one of the best CIS records of all time; and regular national media exposure on television and newsprint, through staff profile".
Upon leaving York University Paul James never received a thank you note from the institution or Sport York.
9. A decade on in October 2018
Paul is worse off in every facet of his life. 55 years of age; unemployed for 10 years; applied for over 100 jobs including soccer positions without an email in response; accumulated six figure debt; liquidated all RSP’s, retirement savings and modest pension to fight the social injustices he has faced; liquidated two homes; has experienced periodic homelessness which now in 2018 is permanent; personal privacy has been obliterated; defamed; ridiculed more than ever; complete loss of social status and identity; no contact with former friends and associates; faced extraordinary humiliation; referenced as Dickhead, Crackhead, Crazy, Junkie; scapegoated as mentally ill when it suits the agendas of others including the hunger strike protests, turned down to coach a local boys U17 soccer team in 2013 - the President of the club stating, "the problem is when parents Google your name they see more bad than good"; rejected as a candidate to coach a local U15 boys soccer team in 2014 - in spite of parents lobbying on mass to the technical director of the club stating they wanted Paul James as the coach. The Technical Director remarked, "no chance, he wouldn't even pass a police check" - Paul had never met or spoken with the person; he has worked as a house cleaner, dog walker, volunteer at Covenant House; coached 8 year-old house league level players, has been an addictions coach, raked leaves, delivered flyers, and shoveled snow, in all, earning a total net income of less than $70,000 over a 10 year period;
In addition Paul James has been scapegoated through appalling deceit and errors of others including through the Canadian media most recently the Toronto Star's deliberate pre-meditated victimization and false narrative of the Paul James circumstance including inappropriate vindictive reference to his former partner Ashley Kelly; a CBC written blog which included the pejorative false labeling of Paul as a 20 year crack addict; along with the National Post colluding with York University and the Canadian Judicial process on the false ruling on the merits of the case which was not before the court.
Most egregious Paul has embarked on nine hunger strike protests in order to bring attention to the stigma of drug addiction yet no politician or Canadian media outlet has addressed his story with the dignity, respect and truthfulness it required. Rather he has either been blanketed with being ignored, or brutally defamed, slandered, scapegoated and ridiculed surrounding the theme he is mentally ill, suicidal, with an active substance addiction disability which is out of control. Yet when persons with malevolent intent contacted CAMH to intervene the institution respectfully and correctly declined, stating the hunger strikes were a personal legitimate decision.
10. Supreme Court of Canada Review
The attached petition is seeking access to social justice for the Paul James claim before the courts through igniting the Supreme Court of Canada’s discretion in permitting one of its honorable Supreme Court justices to review the Paul James matter on the basis the law branch of the honorable court, erred on the claim in the procedures they used when administering the file, including the report and recommendation they sent to the Chief Justice of the Supreme Court of Canada at the time, the honorable Ms. Beverly MacLachlin.
In addition to administrative procedural errors, the Chief Justice was assigned to the Paul James file in spite of her previous two full time law clerks being hired by McCarthy Tretault (York University Respondent counsel) giving an added reason for the Canadian public to feel an apprehension of bias in the adjudication of the claim through an obvious appearance of a 'conflict of interests'.
The past Honorable Chief Justice of the Supreme Court of Canada - Ms. Beverley MacLachlin - has stated on public record that the honorable Supreme Court is not perfect, that it can err and if and when it does and is confronted then the honorable court will expeditiously correct the injustice.
It is on the basis of the administration of the Paul James file at the Supreme Court of Canada that the following petition, requests the Right Honorable Prime Minister Justin Trudeau, the Canadian Government, the Canadian Parliament and the honorable Supreme Court of Canada now abide by their virtue of treating every file before the court equally and fairly in facilitating a review of the Paul James human rights discrimination claim against York University based on the discrimination of his mental disability in 2008 and beyond.
Succinctly, this petition requests the immediate attention of the Canadian Parliament to the Paul James matter in facilitating the expeditious adjudication of the Paul James discrimination claim by one of the Honorable Supreme Court of Canada Justices as per their own procedures.
11. Supreme Court Justices Unfettered License in Making Decisions
While we recognize as signatories of this petition that ALL Supreme Court Justices have unfettered license to reach decisions without public explanations, the court as a counter instrument of judicial good faith, "grants" that ALL files must be treated equally and fairly so that the Canadian public must, at a bare minimum, be assured and guaranteed that the adjudication of all files before the Honorable court were completed with pristine equality and fairness. Failure to meet this minimum standard deems the Canadian Charter of Rights and Freedoms as futile and worthless to all Canadian citizens.
It is on this basis that we assert, any right-minded Canadian citizen after review of the administration of the Paul James claim at the Supreme Court of Canada and throughout the Canadian Judicial process cannot be assured or guaranteed that it was adjudicated equally and fairly while "live" at the honorable court or throughout the judicial process. On the contrary it is our position in line with that of the Canadian humanitarian Bob Rae, a recipient of the Order of Canada, the Canadian Judiciary has treated Paul James very, very badly.
This is not acceptable.
We would respectfully add the Canadian Judicial process has proven what Paul has stated many times, persons with exposed mental disability in the form of a substance disability have no enforceable human rights. With this consideration in mind it is our position also that Section 15 of the Canadian Charter of Rights and Freedoms must be explicit with its reference to substance disability and not left as implicit under the umbrella of mental disabilities. Mental health institutions including the Center of Addiction and Mental Health (CAMH) feel it necessary to make the distinction.
12. "A Lie Travels Half Way around the World while the Truth is just Putting its shoes on" Mark Twain
The following statements are taken from an email sent from Paul James to Jenn Myers the Athletic Director and Paul's direct supervisor during his tenure at York University dated June 30, 2018 the content of which is corroborated through York University's judicial submissions from the Employee Wellness Office outlining Paul James' Primary care medical information which outlined his mental distress. York University Lied in their submissions to the Human Rights Tribunal of Ontario denying they knew of Paul James' mental disability when in fact they did know which was confirmed through their very own submissions. However, rather than be corrected and held accountable through Good Faith adjudication, the Canadian Judicial process ignored the plain and obvious Lie and instead added to it through overt Bad Faith adjudication of Justice Edwards at the Divisional Court of Ontario which prejudiced the Paul James case moving forward through the judicial process. And the purpose of the Lie was so that York University could avoid responsibility for the discrimination which they were accountable for by denying they knew Paul had a mental disability. Knowledge of the disability is the main determinate thread of whether discrimination took place. The Lie states York University were unaware of Paul's mental disability when they clearly did. Jenn Myers LIES in an email to Paul James stating she thought he was just dealing with personal issues transposed in the judicial submissions as personal matters. It was all to avoid accountability for the institutional errors which were made at the ruin of one persons life and career.
Dear Jenn Myers,
On November 4, 2008 a few days before the York University men's soccer team won the Canadian Inter-University Sport national championship I spoke to you about my poor health at the Rideau Canal in Ottawa. The conversation is well documented in submissions through the Canadian Judicial system including from personal submitted Affidavit's. Pages 40-45 of the recent document I produced Anatomy of an Absolute Nightmare outlines the issue(s) in your regard. This is attached for you as is my Sworn Affidavit to the Supreme Court of Canada submitted in the summer of 2016.
To summarize once again for simplicity in regards to November 4, 2008:
a. I told you I had not been well for some time and I needed some time off.
b. You stated Paul you have done a great job and so even if I needed 6 weeks it would not be a problem.
c. I thanked you - with the statement, I actually needed 3 months.
d. You hesitated for a moment and then stated that should not be a problem but you would have to inform the Employee Wellness Office at York University and at some point I would need to provide a Doctors note.
e. I then recited a metaphor to you, "when you wake up and see blue sky I only see Grey Clouds" to substantiate that I was suffering psychological distress and not a physical mutation of cells as in the case of cancer.
Moving forward two and a half years after you and Sheila Forshaw had constructively dismissed me from York University I sent you both an email a week prior to the public release of my story expressing my non-acceptance that:
(i). you and Shelia had deliberately avoided meeting with me in 2011 when I requested numerous times you do so in order that I could address the poor treatment - including discrimination, prejudice, excommunication, and harassment - you and others had delivered in my time of greatest need.
(ii). and that coming open about my poor health was not my preferred option
In your response to this February 8 2012 email you state, not limited to, the following in the first two paragraphs:
It is very unfortunate that I have not been able to find the time to meet with you in person, for that I apologize. I must admit your email has taken me aback, and quite frankly I am very disappointed, When we spoke within the first year you did disclose that you were having personal issues, yet I was not aware about what those specific issues were. At the time I offered to support you, and when you requested time, it was granted no questions asked. I did not pry because I felt very strongly that your personal issues were none of my business unless you decided to share that information with me.
With that thought in mind and now considering the severity of my circumstances - ninth hunger strike protest 90 days and counting - please refer to the attached document from the Employee Wellness Office at York University. This February 2009 letter was submitted to the Canadian Judicial system.
The only person who informed the Employee Well Office about my poor health Jenn, is you. You are the only person in an official capacity I informed of my poor mental health and you told me you would be informing them. The request from the EWO to "have your treating practitioner complete the PRAL form" which my family physician Dr. Spector subsequently did which is on public record, verifies your comment to me and your knowledge that I would need to provide a Doctors note.
You and York University unequivocally knew I was in psychological distress and lied about it in your submissions throughout the Canadian Judicial system in regards to your own knowledge, replacing the words personal issues with personal matters.
The reason you and York University (and now so many others in covering up the reality) have lied is not complicated.
It was so that you could avoid responsibility for the errors and mistakes you made as a person and institution in regards to the poor treatment, excommunication, discrimination and harassment I received. This LIE Jenn Myers, has, a decade latter, caused unimaginable devastation and without correction it will now absurdly end my life. At a bare minimum my protest methodologies and the stress of the past nine years has taken years off of my life
13. Unequal, Unfair Administration and Adjudication through the Canadian Judicial process and at the Supreme Court of Canada
On May 9, 2016, the law branch of the Supreme Court of Canada released a Case Summary on the Paul James discrimination claim before the court via their website. The summary inappropriately used the following prejudicial bad faith (false) sentence:
“Depression and other physical and medical consequences of such an addiction resulted in Mr. James resigning from his position at York in December 2009”
The sentence which was extracted by the Supreme Court of Canada Law Branch, from an inappropriate statement made by Justice Edwards of the Divisional Court of Ontario which was a closed false ruling on the merits of the case - which was not before the court - with no room for interpretation beyond what it says.
Justice Edwards' inappropriate Ruling on The Merits of the claim June 23, 2015, point 3,
“Tragically, for Mr. James, with such an outstanding soccer pedigree, he succumbed to the vicious grip of an addiction to crack cocaine. Eventually, the depression and other physical and medical consequences of such an addiction resulted in Mr. James resigning from his position at York in December 2009.”
As a consequence of the disseminated Supreme Court of Canada Case Summary the world knew before the decision was made that the Paul James versus York University claim would be dismissed at the Supreme Court of Canada because the Case Summary statement inappropriately and falsely positioned that "no discrimination" took place at York University and therefore there was no legitimate claim.
This ruthlessly and unfairly prejudiced the Paul James claim to the Canadian/Global public and to the honorable justices of the Supreme Court of Canada. It was a patently (very) unreasonable statement Paul James contested in his submissions to the Ontario Court of Appeal; and directly to the chief editor of the National Post newspaper Ms. Anne Marie Owens who on June 25, 2015 published the following headline and article taking advantage of the false inappropriate ruling of the Divisional Court relieving the perpetrators of injustice from accountability in the public eye,
"Former Olympian who resigned from York University over crack use fails to prove he was discriminated against".
The false statements by Justice Edwards and the National Post were not supported by a shred of evidence. On the contrary the evidence Paul James provided to the court, established he was discriminated against because of his substance use disorder to crack cocaine and poor mental health, leading to forced resignation from York University.
14. False Ruling on the Merits of the Case:
The inappropriate, incorrect, false Justice Edwards statement ruled on the merits of the case which was not before the court, and required correction by the Supreme Court Justices and not for the Law Branch of the institution to ignore its inappropriateness and significance in further prejudicing the matter before the court and in the public eye.
As egregious, is the fact the court extracted only a part of the original sentence of Justice Edwards highlighting laser beam precision with their bad faith, biased intent.
No other file was dismissed or granted with "an explanation" in the Case Summary as to why the decision was made. That itself is to treat the Paul James matter unfairly and unequally.
As significant, the statement again unfairly absolved York University and others in the public eye, including the National Post, from any responsibility and liability based on the discrimination, defamation, harassment, and poor treatment Paul James was subjected to, clearly outlined in his submissions which established unequivocally that he was discriminated against by York University and others as a consequence of the institution knowing of his mental disability.
Even more important the Supreme Court of Canada Justices receive a report from the administrative law clerks with a recommendation on whether to grant or dismiss each file. However, these reports are not a part of the public record and therefore they are protected from public scrutiny similar to the honorable justices’ unfettered license to make their decisions without public opinion.
In the Paul James file however, with consideration that the statement, “Depression and other physical and medical consequences of such an addiction resulted in Mr. James resigning from his position at York in December 2009." was used in the Case Summary, it is patently (very) reasonable to conclude and patently (very) unreasonable not to conclude that the very same sentence was used in their report to the Chief Justice of the Supreme Court of Canada Ms. Beverley MacLachlin.
And if the false sentence was used in the Report of the administrative branch then it prejudiced the claim before the court which was to treat the Paul James claim unequally and unfairly as it was throughout the previous six years of the Canadian judicial process and ALL to cover-up the original LIE.
Paul James has never been given the opportunity to address the merits of the case which the judicial submissions clearly established that he did not leave York University because “Depression and other physical and medical consequences of such an addiction resulted in Mr. James resigning from his position at York in December 2009" but because of a total lack of support, excommunication, discrimination, and harassment from those remitted to assist him. The poor treatment Paul received reached its crescendo when he was requested to formalize his resignation by his direct supervisor in October 2009 rather than Sport York investigate and assist his health and well-being, an obligation they "negligently" admit to not implementing in their own judicial submissions.
In the event the administrative arm did not send the sentence, “Depression and other physical and medical consequences of such an addiction resulted in Mr. James resigning from his position at York in December 2009, to the Supreme Court's Chief Justice in their report and recommendation, then the public will never know this and as a consequence the Canadian public cannot ever be assured that the Paul James claim was ever adjudicated equally and fairly through the Canadian judicial system which is to infringe severely on the human rights of a disadvantaged Canadian.
Also, if the sentence was not used in the report to the Chief Justice WHY was it specifically extracted from Justice Edwards full statement in point 3 of his decision rationale and used in the Case Summary disseminated to the world? Malice intent is the only patently reasonable explanation.
This circumstance is absolutely unacceptable.
15. Case Summary Email Dialogue between Paul James and the Supreme Court of Canada
The following is part of an Email Dialogue between Paul James and the Register of the Supreme Court of Canada concerning the prejudicial Case Summary which contained a false sentence. The Register eventfully concedes the sentence was removed because Paul James objected to it. However, the sentence was not removed just because he objected to it - otherwise everyone would complain and insist on their Case Summary being written in a certain way which would destroy the credibility of the whole judicial process at the most treasured of all Canadian institutions.
The sentence was removed because it was categorically wrong.
And because it was wrong, it proved the Paul James case was prejudiced at the lower court levels and at the Supreme Court of Canada and that extreme injustice had been delivered to Paul James with devastating consequences which are still ongoing.
a. On Tue, May 17, 2016 at 2:57 PM, Registry-Greffe wrote: Good afternoon, This will confirm that the case summary has been revised to remove the sentence to which you have objected. The summary is available on our website. I can confirm that the summary was not sent to the judges. As we previously advised you, these summaries are prepared as public information only. You are welcome to consult any documents in the case file, but copies of any memorandums or notes prepared for judges for use in their deliberations are not public. Regards,
b. On Wed, May 18, 2016 at 2:34 PM, Paul James wrote: Thank you for the reply. However, this response avoids answering my question from the week of May 9-13, 2016. It is my understanding that the following sentence was sent to the Honorable judges in the law branch report on my file 36795. "Depression and other physical and medical consequences as a result of an addiction to crack cocaine resulted in him resigning his position at York University in 2009". Is this correct? Once again, please answer the aforementioned question which should encompass any communications by the law branch in memorandum(s) sent to the SCC Judges. This is not a complicated request nor is it a complicated question. On the contrary, it is a reasonable request for me to receive such information, the denial of which needs to be clearly stated and justified as to my rights as a Canadian citizen under the Canadian Charter of Rights and Freedoms. Furthermore, to be clear, my objection as you state, concerns not just the sentence itself, but its deliberate deceitful use by the Law Branch of the SCC in their original Case Summary disseminated to the world for a minimum of 3 days. The "sentence" itself, originated from Judge Edwards' premeditated, deceitful decision rationale at the Divisional Court of Ontario which among many contrived "errors", inappropriately ruled on the merits of the case which overtly prejudiced Applicants claim moving forward. Judge Edwards premeditated decision to include this sentence in his decision rationale, elicited, through plain and obvious collusion, a disgraceful, defamatory National Post article on the Applicant and Applicants claim, which, without fair justice, accountability, and correction will continue to harm Applicants life in perpetuity. I do not and will not accept these acts of deceit and corruption (not error or misapplication of law) nor can l, nor should I, nor should any Canadian citizen, move on from such circumstances which would merely perpetuate such absurd injustice. I trusted in the SCC to correct such appalling circumstances, based in part on my admiration of the Chief Justice and the "platforms" she has espoused in various speeches throughout Canada which has included rhetoric on the importance of access to justice for all harmed Canadians not just rich, wealthy Canadian corporations seeking to resolve disputes; along with the need for the judicial system to accommodate and adjudicate appropriately, any harms inflicted on Canadians suffering the indignity of poor mental health and addiction. The failure therefore, thus far, to correct the egregious, obvious injustice in Applicants circumstance illuminates an apparent, and alarming hypocrisy and illusion in making such statements. The public interest in this matter cannot be underestimated as ALL Canadians, at a minimum, expect a judicial system which is transparent, impartial, honest, ethical, fair, responsible, accessible and above all JUST in order that, at the very least, future Applications to Human Rights Tribunals, the lower courts, and the SCC are adjudicated and judged on truth and integrity not untruths and improprieties. It is Applicants position that when the Canadian public including the Canadian government and Canadian sporting governing bodies become privy to the full set of circumstances and evidence which the Applicant has endured and provided to the Tribunal and lower courts respectively, they will be as appalled and disgusted as Applicant and those closet to Applicant who are aware of such circumstances. If Applicant's circumstances which includes a significant soccer background and education can be treated in such a repulsive way what does it say for other Applicants chances of seeking fair access to justice from lower disadvantaged circumstances? Established case law should be based on integrity and justice not deceit and injustice which in the latter instance harms the future of all Canadians. As it stands now Applicants' claim at the lower courts has already been used to recreate injustice through the ongoing use of tainted rationale. I do not and will not accept this nor should any other Canadian citizen. Finally, throughout the past four years of seeking fair access to Justice I could not have been more respectful to the judicial system and people I have encountered in spite of the appalling harm this process has caused my life and those closet to me. Once again, please reply as soon as possible, to the question I have stated above from an email sent to you on Friday May 13, 2016. Paul James
c. On Thu, May 19, 2016 at 9:10 AM, Registry-Greffe wrote: I can only repeat the information given to you previously. Memorandums or notes prepared for judges for use in their deliberations in relation to judicial proceedings before the Court are not public. Accordingly, we cannot comment further.
d. On Thu, May 19, 2016 at 11:52 AM, Paul James wrote: Thank you for the reply.
It is on the basis of points 11-13 in particular that the signatories to this petition request the recipients of this petition grant and facilitate the immediate right for Paul James to have his file assessed and adjudicated by a Supreme Court justice "patently expeditiously".
16. Context to Why we Are So Outraged
We are outraged by the awful treatment and denial of basic human rights of Paul James as a consequence of his openness in seeking help from his former employer York University for poor mental health, a decade ago, in 2008.
Paul James, a Welsh-Canadian citizen, has been engaged on painful hunger strike protests spanning the past 20 months seeking an access to social justice from the extreme injustices he has experienced since April 2008.
It is our position that no other Canadian or Global citizen should have to be subjected to similar stigmatization and abuse which has been delivered to Paul James ever since his mental health disability became exposed.
Section 15 of The Canadian Charter of Rights and Freedoms states the following:
"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination, based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability"
On this charter basis alone it is our unequivocal position that Paul James from 2008 forward, including throughout the Canadian Judicial process up to and including the Supreme Court of Canada, has not been treated equally or fairly nor with the dignity and respect he and all other Canadians are entitled.
Paul's human rights as implied within the Canadian Charter have not only been denied they have willfully not been enforced by the Canadian judicial process. Rather they have been recklessly and irresponsibly trampled on at every turn leading to such extreme injustice and negative social consequence.
The necessity to explicitly reference both mental disability and substance disability under Section 15 of the Canadian Charter of Rights and Freedoms would legitimize and de-stigmatize substance disability as being a bonafide mental health disorder and not a pseudo illness/disease which is currently how the Canadian public in a systemic destructive way view the condition isolating those that are exposed to tremendous abuse. The Canadian Judicial process has taken extreme advantage of this misalignment and Charter paucity.
Taking these circumstances into account the treatment of Paul James has been absolutely appalling and is totally unacceptable to us.
17. Consider 1998-2008 was the period of Paul's poor mental health trajectory which led to a substance disability diagnosis. Yet it was also the most successful period of his life professionally, academically, and financially. Paul's life took a dramatic fatal turn for the worse once he opened up to seek help and support as he experienced the appalling consequences of societal stigma towards substance dependence. Yet through all the distress of the past decade he has still displayed a resilience, competence, and proficiency in how he has handled his circumstances and himself as a person - not what an illiterate Canadian population on the subject matter have been conditioned to conclude would be possible.
18. Stigma of Drug Addiction
The true negative consequences of the stigma of drug addiction which Paul James has spent two years confronting through the website Confronting the Stigma of Drug Addiction was illustrated to us on September 7/8, 2018 through the Toronto Star reporting of the Paul James story. A shameful vindictive deceitful, intimidating and stigmatizing victimization of one person who had already suffered enough shame, humiliation and ridicule. The front cover, four page spread further developed a false public stigmatized narrative on the Paul James story - a gut wrenching unacceptable circumstance to us. The punishing, scapegoating, blame the victim stereotyped manipulative approach by the Toronto Star not only infringed and expunged Paul James' human right to be treated fairly and with dignity and respect it served only the perpetrators of injustice. The article condemned, humiliated and intimidated Paul James to even further misery tacitly warning him to end the hunger strike or he would be scapegoated while so unnecessarily embarrassing and humiliating his beautiful partner Ashley Kelly who lived through six years of a nightmare fully supporting Paul in his search of fair access to social justice.
19. To the Right Honorable Prime Minister Justin Trudeau, the Liberal Government of Canada, the Canadian Parliament and the Supreme Court of Canada:
To date, as institutional recipients of this correspondence and attached petition you have ignored, prejudiced, patronized, stigmatized, defamed, slandered and/or discriminated against Paul James and the human rights claim he brought forth six years ago seeking fair adjudication and swift access to social justice.
Optically to us each institution here has proven they are each indeed willing to scapegoat the true reality of the Paul James hunger strike protests and claims before the courts onto "mental illness" rather than accept the determination, conviction and resolve he has put forth to gain social justice for the betterment of Canada as nation and the World as a whole.
How else can you explain that not one Federal MP has brought this matter to the attention of the Canadian Parliament?
One hunger strike protest of ten days should have been enough to stimulate reasons for serious, swift investigation. Ten hunger strikes spanning over 250 days of protest without any serious pursuit of getting to the truth of this matter is absolutely unacceptable.
20. Prime Minister Justin Trudeau and the Canadian Parliament: we are disturbed and pained
It is also very disturbing and painful to us, yet plain and obvious, that you would be willing to let a Canadian soccer hall of fame inductee die rather than get to the truth of this matter which would be to the detriment of millions of other Canadians who live in fear that similar circumstances will happen to them.
21. Comprehensive Progressive Trans Pacific Partnership
Can you explain to us and to all Canadians how you as a Parliament held out sternly for the inclusion of the first two words, Comprehensive and Progressive, before agreeing to sign the Trans Pacific Partnerships agreement based on Canada's insistence that human rights are rigorously respected particularity in the discrimination actions of ALL other signing nations in their employment practices.
The rightful kudos Canada received as a nation for their stance is significantly diminished in our eyes by the unacceptable indifference to the Paul James matter. The hypocrisy without your immediate attention to the Paul James case will be a thousand miles deep and an indictment, a stain, on Canada's supposed value that all lives really do matter and that we do as a nation care about the human rights and dignity of ALL our citizens.
22. The Right Honorable Prime Minster Justin Trudeau's regrettable decision in the Paul James matter
Unfortunately we have to concede that Prime Minister Justin Trudeau's decision to not reply to a letter of appeal from Paul James dated June 25, 2017 - as PJ sat emaciated on a couch in a YouTube clip - is all the evidence we need to provide to cement our shock at the way one Canadian citizen has been treated.
With reference to the honorable Prime Minister Twitter messages at the very same time of the letter and Paul’s hunger strike protest Justin Trudeau expressed the importance of de-stigmatizing drug addiction and how he was an advocate of the non-prejudicial support of those struggling with poor mental health. The messages were disturbingly contradictory to the PM’s non-intervention and/or non-communication with Paul James or his supporters at that time and completely misaligned with the ethos of malice intent of Mary Orsmby, Adam Vaughan and Bob Rae in the September 7/8 Toronto Star article featuring Paul James.
The unfortunate yet logical conclusion we determine from such behavior is that the twitter messages were timed in anticipation or in the event Paul James died. The PM was seeking advantage of the circumstances rather than concerning himself with the life and death of a Canadian citizen. No greater illustration of how undignified and disrespectful a person with a substance disability can be treated by Canadian society, when the leader of the country does not care whether you live or die. Rather than accept and reconcile the extreme injustices which had been delivered the Prime Minister delivered a message he did not at all care about the life of Paul James but rather how he could seek advantage to his ultimate sacrifices.
This absolutely unacceptable.
23. To Not Correct Acts of Discrimination is to Permit Discrimination
We understand that to deny correction of discrimination based on a persons exposed mental disability is to permit perpetuation of the very same acts of discrimination which in turn fuel the destructive stigmatization of substance/mental disability at a time when the social health phenomenon requires unparalleled de-stigmatization as a national public emergency.
The Paul James story sadly personifies this reality of perpetrators avoiding accountability for their overt acts of discrimination and the consequential institutionalized collusion and cover-up including through the unethical, immoral highly prejudicial and stigmatized reporting by the Canadian media who have - similar to the Catholic Priests Sex Scandals - hidden the truth and protected the Lies at the destruction of one individual.
This is absolutely unacceptable.
24. Facts ALL Canadians should be aware of
While we are aghast by Paul's current circumstances which include living in the parks and streets of Toronto, we are also deeply concerned by the following corroborating mental health facts, the consequences of which will continue to affect ALL Canadian citizens and Canadian society negatively without an immediate coordinated effort to de-stigmatize the stigma of mental health and substance disability in particular.
1. Canada currently endures 11 preventable overdose deaths per day - 4000 per year from the use of Opioids.
2. Mental disability is a leading cause of disability in Canada.
3. People with mental disability and addictions are more likely to die prematurely than the general population.
4. Mental disability can cut 10 to 20 years from a person’s life expectancy. Substance disability DOES cut off 10-20 years off a persons life expectancy.
5. The burden of mental disability and addiction in Ontario is 1.5 times higher than all cancers put together and more than 7 times that of all infectious diseases.
6. Unemployment rates are as high as 70% to 90% for people with the most severe mental disabilities.
7. The economic burden of mental disability in Canada is estimated at $51 billion per year which includes health care costs, lost productivity, reductions in health-related quality of life all stemming from untreated mental health in the first place.
8. Number of people with mental disability either turned down for a job for which they were qualified, or, if employed, dismissed or forced to resign from once it was known that they had a mental disability: one in three or one in two
9. Percentage of Canadian organizations that have no structured process for supervisors to support employees’ return to work after any illness or disability: 64%.
10. Yet a 2004 Canadian Parliamentary document - the Michael Kirby Report - was released on mental health and addiction with very clear warnings for the future, "The economic burden of mental illness, addiction and suicidal behavior is enormous. It is clear that governments must take the necessary steps to contain or reduce such a heavy burden”.
11. As a litmus test, a decade and a half later, the Paul James circumstance profoundly illustrates the warnings have not been heeded. Canadian Politicians, the Canadian Judiciary, Educators, and those institutions remitted to help those suffering to recover, most specifically York University in this instance, have been complacent, incompetent, negligent and in some instances corrupt in not setting a safe path for Canadians to talk openly about their poor mental health without the fear of being discriminated, ostracized and stigmatized as a consequence of their responsible actions to receive support.
Canadian Politicians you have let Canadians down. You have failed us. You have failed the 4000 families a year who have to endure the pain and suffering of such preventable tragedies. You have failed Paul James, his family, those closest to him and his many supporters in not getting to the Truth of the matter.
25. If We Cannot Appeal to Your Humanity Then Let Us Appeal to Economics, your Commonsense & Logic
Only 10 percent of those persons at the diagnostic level of substance disability ever receive treatment which equates to those that do not being an imminent and/or eventual economic burden onto Canadian society's health care system - an invisible economic reality which threatens to bankrupt society's around the world if not addressed.
Logically, if Canada does not encourage more of its citizens to be open about their substance use and substance disabilities how can the current annual economic burden of $51 billion for untreated poor mental health be penetrated and reduced. Simply put, it cannot. How can Canadian society expect persons to be so open when consideration of what happened to Paul James once he opened up and sought support?
The number one social determinant of health and recovery is employment income. Paul James should never had to lose his soccer coaching job. His career. His passion in life. We are here to make sure this does not ever happen again to any other Canadian citizen and to facilitate social justice being served to Paul James along with national apologies from those perpetrators of such inappropriateness and cruelty.
26. Stigma is Ignorance which leads to systemic Discrimination which Facilitates Appalling Abuse of a persons Human Rights : Mind Your Language - "what you say, what you write, what questions you ask"!
What Paul James has delivered through the Confronting the Stigma of Drug Addiction website has been an outstanding achievement. With consideration of what he has endured in executing the project makes it all the more exceptional.
With this consideration also, we add: what Paul James has achieved for the period 1998-2018 does not fit with what we as a group would have deemed possible from the very negative stigmatized label used by the CBC, describing Paul as a 20 year crack addict. Therefore we are offended on behalf of Paul by the description.
Paul James' achievements over the past 24 months including his psychological strength and resilience to endure such physical and psychological distress are remarkable to us which contradict the highly offensive Toronto Star narrative deliberately covering up the Truth on the Paul James matter.
We are now less ignorant and more aware on the subject matter of drug addiction and in particular the atrocious stigma associated with it. Using the words Addict, Drug Addict, Junkie, Crack Addict, Crack Head or calling someone sick who has a mental disability are all more offensive to us now than they were before.
Also, we see how asking the loaded, prejudicial questions: do you still use? are you clean? how long have you been clean? you still use right? are ALL highly inappropriate inquiries delivered in most instances with malevolent intent which infringe on the human rights of those who have been diagnosed with a substance disability or those who have encountered substance issues over their lifetimes.
Similarly, assessing a persons "mental illness status" without being a qualified medical doctor, psychologist or other qualified therapist who themselves would have to make an extensive assessment of the person to make such public proclamations or innuendo's is highly inappropriate and culpable in an age when mental disability and mental health should garner impenetrable dignity and respect and full protection from Section 15 of the Canadian Charter of Rights and Freedoms.
These words and phrases and many others are all highly stigmatized ostracizing labels we are now more aware of as a consequence of the Paul James story and his willingness and courage to confront head-on the injustices he has faced on behalf of millions of others past and present who face similar circumstances.
It is our position that ALL considered Paul James his family and former partner Ashley Kelly are to be the recipients of many apologies from coast to coast in Canada from York University in particular, from the Canadian media, the Canadian Parliament, and most essentially the Right Honorable Prime Minister of Canada Justin Trudeau.
27. Without application of Section 15 of the Canadian Charter of Rights and Freedoms as they were intended it deems the protection intent of the Charter futile and not credible
Paul James' discrimination claim once it was delivered before the Canadian judiciary rather than be adjudicated equally, fairly and with the dignity and respect it deserved was instead subjected to further prejudice, discrimination and bad faith adjudication including deceit and manipulation of the process itself which relegated Paul's life to further misery, distress and upheaval rather freeing him from the nightmare and brutality of being so highly stigmatized as a consequence of his public exposure.
We therefore now request and demand through this petition your immediate attention and intervention into the Paul James discrimination claim against York University and to investigate and bring resolution to this matter most appropriately and correctly for the greater good of humanity within Canada, through the Supreme Court of Canada's own procedural law to have one Supreme Court Justice review and rule on the Paul James discrimination claim "patently expeditiously".