Dear J Rosalie Abella and Germany: Is it “justice” and “a fantastic work ethic” for a Supreme Court of Canada judge to lie in a ruling and damage our Charter of Rights and Freedoms?

Comments to the article by rural Albertans:

It never stops. Again the deep seated ugly statement and solo move against you in such a tight vote was steeped in jealousy as I have said before. I now rethink the German/Jewish side of things played a role too.

Yikes. Don’t need to read much of that to feel the bullshit.

Germany honours Canadian Supreme Court justice by Sean Fine, June 20, 2020, The Globe and Mail

Germany has given Canadian Supreme Court Justice Rosalie Silberman Abella, the daughter of Holocaust survivors, a national decoration.

The award, given by German President Frank-Walter Steinmeier, is known as the Knight Commander’s Cross of the Order of Merit (with badge and star). It is in the second-highest category of federal German decorations; the highest category is reserved for heads of state.

Sabine Sparwasser, Germany’s Ambassador to Canada, said in an interview that Germany wished to honour Justice Abella for the way she has drawn lessons from the Holocaust about the need to protect minority rights and the rule of law. She also cited Justice Abella’s work in fostering a relationship and visits between Germany’s Constitutional Court and the Supreme Court of Canada.

“She was born in Germany, and now Germany, the country that deprived her father and her mother of family and made them suffer so much, this country bows to her, really,” Ms. Sparwasser said. “She is an outstanding woman of such high intellectual achievement, a fantastic work ethic and at the same time an incredibly wonderful woman with huge generosity and so much love.”

Ms. Sparwasser said she knows of only one resident of Canada who has received the award, environmentalist Elisabeth Mann Borgese, daughter of Nobel laureate for literature Thomas Mann; she taught for many years at Dalhousie University in Halifax. The award is mostly given to Germans, Ms. Sparwasser said, but foreigners are eligible – filmmaker Steven Spielberg is among those who have received it.

Justice Abella was born in a displaced-persons camp in Stuttgart, Germany, on July 1, 1946. Her father, Jacob Silberman, was trained as a lawyer in Poland, but when Germany invaded, he was barred from working in his profession. He and his wife, Fanny (Krongold) Silberman, were sent to separate work camps. Their two-year-old son, plus Mr. Silberman’s parents and three younger brothers, were murdered in the Treblinka death camp. When they emigrated to Canada, Mr. Silberman could not practice law, as he was not yet a Canadian citizen. Justice Abella has said she went into law because she found it unjust that her father could not practice his profession.

The judge described her thoughts and emotions when Ms. Sparwasser informed her of the award. “What a remarkably lucky life’s journey I’ve had,” she told The Globe and Mail. “How lucky I was to be able to grow up in Canada, which opened its doors to who I wanted to be, and who I became.

“And then to find that at the end of my professional life, Germany’s generosity closed the circle. It overwhelmed me. All of the history came rushing through. The improbability of it. The extraordinary way in which our two countries have changed over the years, how open they have become, and how I was the beneficiary of that openness.”

Justice Abella is the longest-serving current member of the Supreme Court, having been appointed in 2004. In her career, she has led a federal commission on employment equity, been a family court judge and written rulings on refugee law and religious freedom.

Emmett Macfarlane, Poli Sci Prof, UWaterloo. Constitutional Law, Public Policy & Cdn Politics:

Law is politics, people. Never forget.

Nasty! Canadian courts describing “individuals as exhibiting ‘vexatious-style’ behavior without formally designating them as a vexatious litigant.” Is that how Supreme Court of Canada Justice Rosalie Abella gets away with ruling AER found Ernst to be “vexatious litigant” when evidence proves AER found Ernst to be a “criminal,” 7 years later, a terrorist – all without charges, evidence, trial or due process? With AG Jody Wilson-Raybould saying & doing nothing about Canada’s top judicial farce?

Trudeau facing choice of new Supreme Court of Canada chief justice from Quebec (J Richard Wagner) or dark-horse (J Rosalie Abella) candidate, sources say

Who orders a new hearing for a Supreme Court of Canada ruling where 9 justices knowingly published a lie and sent it to the media? Who “slaps” Justice Rosalie Abella for knowingly lying in her ruling and belittling the applicant?

Jessica Ernst Open Letter to Chief Justice Beverley McLachlin Regarding False and Seriously Damaging Statements in Justice Rosalie Abella’s Supreme Court of Canada Ruling, Ernst v AER

Of course, Ernst received no response, no apology, and Abella’s nasty lie has not yet been removed from the ruling.

Damaging the Charter: Ernst vs Alberta Energy Regulator by Lorne Sossin, Dean Osgoode Hall Law School, York University. Comment: “It causes one to question how much both the plurality and the dissent were driven by the desired end-state of the judgment, rather than consistency in applying principles of public law.”

2017 01 13: Supreme Court of Canada Ruling, Ernst vs AER, Alberta Energy Regulator (previously ERCB; previously EUB before that)

Did the court take so insanely long on such a simple matter to further abuse and punish me, for daring to seek justice for my violated charter rights and frac’d drinking water?

The slide above was made in 2017. Now, in 2020, it’s nearly 6 years waiting for Encana to heed the rules of court, and disclose to me all relevant documents related to my lawsuit.

Slides from Ernst presentations, including in North Yorkshire, UK

2012: AER’s lying outside counsel, Glenn Solomon, filed his brief in Court of Queen’s Bench and stated as fact that AER found me to be a terrorist (changing that the regulator judged me a criminal 7 years earlier) also with no evidence, no hearing, no trial, no due process, no arrests, no fingerprinting, no charges. Justice Neil C Wittmann later ruled that there was “absolutely” no evidence of me being a terrorist but instead of punishing Solomon for lying, Wittmann punished me.

2005: Letter from AER (then EUB) judging me to be a criminal with no evidence, no hearing, no trial, no due process, no arrests, no fingerprinting, no charges, and giving me no chance to defend myself:

Did AER/EUB write “vexatious litigant” anywhere? I didn’t become a litigant until two years after the above letter was received.

The Supreme Court did not allow any evidence to be filed for the Ernst vs AER hearing, only matters of law were allowed to be argued, which makes Abella’s lie triply nasty.

Before I found out that Encana/Ovintiv had broken all laws and regulations in place in Alberta to protect groundwater, the company completed two fraudulent noise studies in response to my noise complaints and many others in the community. The company violated my legal right to quiet enjoyment of my home and land for years with the regulator refusing to “regulate” anyone but me.

Living frac’d is horrendous hell. Never mind living with toxic chemicals and in explosive risk from dangerous levels of Encana/Ovintiv’s frac’d methane venting out of your water taps and painfully burning your skin while bathing or doing dishes or cleaning house, and the incessant roar of dangerous speeding frac traffic, slamming jake brakes, drilling, frac’ing and more, Encana’s unmitigated compressor noise stressed me and my dogs no end. Nights were the worst, especially in fall, winter and spring; my sleep was severely compromised and the dogs paced up and down the hall all night, every night.

For the first fraudulent noise study, Encana/Ovintiv put the microphone about 1,000 metres east of my home near the community hall and highway (to state my home is naturally noisy). The regulator’s noise directive mandates that it must be 15 metres from the complainant’s home. The company also turned off their noisiest compressor to conclude they were compliant and oh so quiet. EUB ate the company’s garbage hook line and sinker. I detailed Encana’s fraud and violations and sent it to the “regulator.”

For the second noise study, Encana violated even more rules, and my privacy rights, yet the data still proved Encana’s noise was non-compliant so the “regulator” fraudulently altered Encana’s loud noise levels to make them quiet and compliant. I also pointed this out in writing to the EUB.

Then, the regulator deregulated their noise control directive to make Encana’s non compliances compliant. I pointed this out to the EUB too.

Then, to add more injury and insults, the EUB promised me a third study to make things right. They promised that Encana would not be told about this study so that no hanky panky could take place. I caught the EUB notifying Encana about the third study three times, so I told the regulator “no thank you” and why. There’s only so much fraud and stress a frac’d girl can take while living poisoned in her home from frac fumes and debilitating noise.

To read more galling details about how Encana/Ovintiv and the regulators and courts treated the public interest and me, read Andrew Nikiforuk’s Slick Water.

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