Revitalizing the archives From 1998 until 2002, injusticebusters was in the throes of an identity crisis. What was it? What were we doing? We grappled with editorial policy at the same time we were learning the nuts and bolts of building and posting a website. Once we had a secure, paid site I had full editorial control, although I talked regularly to Richard Klassen who was forced to move his family several times and did not always have access to the internet. I began following other threads to stories of police and prosecutorial misconduct and the site took on another facet to its character: a newsclipping scrapbook where stories could live longer than they would in print form. I also began picking up other stories of wrongfully convicted people. It was an explosion. By 2003 there were over 700 pages. I also had contact with several other people (Don Smith, Leon Walchuk, Monique Turenne, the Vopnis) and kept these stories going. When Richard Klassen began to make progress in bringing his civil claim to court, the government and police defendants alleged he was breaking the rules of court by publishing discovery material on the internet. This claim was absolutely false. However, rather than risk being thrown out of his civil claim, Klassen undertook before Judge Mona Dovall to sever all ties with the website. Now that some of the dust has settled, I have been going back through the material we had posted in the early days. In the spirit of keeping the scrapbook alive, I have been reformatting and placing links. The original material remains intact. I hope the information, which chronicles our struggle is useful to you. The identity crisis is over. We know who we are --Sheila Steele, March 28, 2005

QB 271 Pre civil Doval Fiat

[4 page 32] Richard Klassen shall acknowlege in writing that he understands his obligations in law not to provide any non-parties to this litigation with copies of any documents or information obtained during the discovery process and provide copies of that acknowledgment to counsel for the defendants and to the Court. In the event that Richard Klassen is not prepared to provide that acknowledgment and accept the terms of this order and is isistent upon continuing with his activities in providing non-parties with information and documentation concerning this civil action at this stage of the litigation, the defendants' counsel are under no obligation to provide him with any further documentation and this matter is to be brought before myself to determine whether his action should be immediately struck or stayed.

[43] The present application of the defendants, dueck and Saskatoon Board of Police Commissioners is dismissed.

2. Richard Klassen's Motion

[44] Richard Klassen's motion has sewveral aspects to it that will all be addressed by the Court.

[45] First, Richard Klassen is requesting production of any and all of the reports prepared by Ron Shindel and Marv Hanson for the defendant, Brian Dueck, in his investigation of the Klassen/Kvello sexual assault charges as are referred to by Brian Dueck. Originally the reports of Arthur Hitchings were also requested, however, these have been found ad provided to Richard Klassen.

[46] Counsel for the defendants advise that they cannot locate any reports of either Shindel or Hanson at this time in the volume of documents in their possession. Keith Rans, the current Superintendent of Criminal Investigations with the Saskatoon Police Service filed an affidavit confirming that he had undertaken a search of the police files and had been unable to locate any reports of either Shindel or Hanson.

[47] The Court accepts that at this time the defendants cannot locate any reports of either Shindel or Hanson amost their documents and as such the Court is not prepared to make an order that the defendants produce documentation that they do not possess. The defendants, however, have an ongoing obligation to disclose documentation as it becomes available and if at anytime in the future any reports are found of eiher Shindel or Hanson they are to be provided to Richard Klassen, assuming privilege is not being claimed on such report.

[48] Second, Richard Klassen is requesting an order that Brian Dueck present himself for the purpose of being examined for discovery and to bring with him at that time certain documentation. The Court is not prepared to make such an order as it is not necessary. If Richard Klassen wishes to examine any of the defendants for discovery all that is required is that he follow the Saskatchewan Queen's Bench Rules of Court providing the defendant, Brian Dueck, with an appointment, a subpoena and appropriate conduct money.

[49] Third, Richard Klassen is requesting an order that he only has to pay 10 cents per page for photocopies of the documents he requests from the defendants' solicitors. Apparently in 1995 an agreement had been reached as between Richard's then counsel, Edward Holgate, and D.A. McKillopo, Q.C. that the appropriate rate for photocopying at that time would be 10 cents per page. Some seven years later it is the position of D.A. McKillop, Q.C. that the going rate for photocopying amongst lawyers is 25 cents per page and thus he shouldn't be bound by an agreement made years ago. The Court agrees. The cost of doing business has increased in the last seven years and 25 cents per page photocopied is certainly reasonable in the year 2002. The rules should not be different for self represented litigants than it is for lawyers representing clients.

[50] The defendants' counsel are entitled to be paid 25 cents per page of photocopying Richard Klassen requests and to make appropriate arrangements for payment with Richard Klassen prior to those photocopies being made and/or released to him. Perhaps it may be more cost efficient for Richard Klassen to view the documents before blindly requesting copies pf the documentation as listed in the defendants' statement as to documents so that he can determine what copies he actually requires.

[51] Fourth, Richard Klassen is requesting that the defendants deliver to him a better and more descriptive list of documents. The Court assumes that he is reqesting an updated statement as to documents with the large number of documents described in more detail. All of the five defendants' statement as to documents go back to 1995, some seven years ago. Although both counsel for the defendants have assured the Court that there are no additional documents that have come to light since 1995 to add to those documents already listed, they were not particularly opposed to filing updated statements as to documents.

[52] Although for the most part thepresent statements as to documents of the defendants were satisfactory and in compliace with the Saskatchewan Queen's Bench Rule 212(4), as previously indicated, the Court has some concerns about documents described as a group of something or a collection of some kind of document. While in some litigation that description may suffice, it does not in this particular file. The Court is cognizant that description is ubjective and may cause more difficulty than assistance. Nothing replaces a document actually being reviewed by a party to establish the significance of that document.

[53] What is paramount in this case is that all of the documents including those in folders and in groups of documents be numbered so that there is a number assigned to each and every piece of paper for easy and determinative reference. That would certainly assist the Court in the future if the situation arose that a determination had to be made as to whether or not a party had disclosed a certain document contrary to any order and the law. It certainly would have been easier for the defendants to establish in their present motion that Richard Klassen had disclosed to a non-party the handwritten note the defendants claim came from their document no. 119 being "a file folder labelled Carol's notes" if that handwritten note had had a number asigned to it which could have been referenced to their documents.

[55]Until such time as all of the parties have prepared and exchanged their updated statements as to documents none of the parties are obligated to provide the others with any of their documents. Once the updated statements of documents have bveen prepared the parties shall organize their documents in an orderly fashion so that all of their documents are in one place to accomodate easy access by the other parties who choose to examine the documents in preparation for the examinations for discovery.

[56] Fifth, Richard Klassen is requesting that he beallowed to bring with him his assistant, Angela Geworsky, to view the defendants' documents. The defendants are objecting to that request on the basis of their past experiences with Mr. Klassen and the complications that could potentially arise if she were to attend with Richard. Richard Klassen has chosen to represent himself. As such, this Court is not prepared to make an order that Angela Geworsky be allowed to attend with Richard Klassen when he is viewing the documents in the offices of the defendants' counsel in Regina.

[57] The Court at this time on the evidence before it is not prepared to strike or stay the action of Richard Klassen. The defendant' application is dismissed.

[58] In the event that Richard Klassen refuses to accept the law as set out for him in the fiat of Zarzeczny J. of January 30, 2001, and this fiat with respect to the absolute necessity of non-disclosure by him of any and all documents and information to non-parties during this stage of the litigation and acknowledge in writing that he is prepared to abide by this fiat, this matter is to be brought back to myself for a determination as to whether or not his claim should be struck or stayed immediately.

[59] In the event any new information or evidence comes to the attention of he defendants that would indicate that Richard Klassen is not complying with this order the matter is to be brought back to myself for a determination to be made as to whether or not his claim should be struck or stayed immediately.

[60] All of the motions of Richard Klassen are dismissed except for his motion regarding updated statements as to documents with better detail and description. Both the plaintiffs and the defendants shall prepare and exchange within 30 days of this fiat updated statements as to documents . Until such time as these updated documents are prepared and exchanged the parties are not obligated to provide any further documents to the others.

[61] As all of the parties have had sine succes and some failure on all of the motions before the Court as dealt with in this fiat, there shall be no costs assessed against Richard Klassen or the defendants with repect to these applications.

_____Dovell(signed)___J.

back

A year later: Feb. 19, 2003 | Popowich | Holgate | Miazga | Mitchell | Terry Hinz | The $10M+ Lawsuit | Klassens await day in court | The Gerald Morris case traces some of the branches of corruption in the Saskatchewan legal community | Background to the case | Saskatchewan Court of Appeals role in covering malice |

Truth can never be told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell

Truth suppress'd, whether by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com

If you hold the mouth of Truth, It will burst out its rib-cage. Somali proverb

Truth crushed to earth will rise again. --William Cullen Bryant

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Publisher : Sheila Steele

Co-founder: Richard Klassen

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injusticebusters court advice :

How to walk yourself through the justice system

 

Why you should dump your preliminary hearing (written July 1998 and still valid)

Our activism contributed greatly to the good vibes which happened around the civil trial. (More Links provided below)

Index to the stories on this website

This is not regularly updated so if you are looking for a particular story and you have a name or keyword, please use the site search engine(at the bottom of the page) which IS regularly updated

Index to Saskatoon Police stories

This is a pretty good scrapbook for the 1998-2002 period.

Pre civil trial

 

 

Dovall fiat 1 | 2 | 3 |

Court report

February 2002 hearings

 

The Klassen/Kvello civil Trial

 

StarPhoenix coverage

 

September 8, 2003: Trial Begins

September 09, 2003: Pamela Klassen Shetterly's Testimony

September 10, 2003: Anita Klassen

September 11, 2003: Michelle Ross

September 12, 2003: Sheila Verway

September 16, 2003: Michael Ross

September 18, 2003: Ellen Gunn

September 19, 2003: Terry Hinz

September 19, 2003:StarPhoenix editorial, Terry Hinz

September 20, 2003: Louis Dupuis

September 27, 2003: Ron Schindell, Jay Watson

October 01, 2003: Case

against the Klassens weak: documents

October 02, 2003: Judge asked to dismiss suit: No evidence of malicious intent: lawyers

October 2, 2003: Letter to the editor from former "Believe the children" advocate

October 03, 2003: Lawyer details evidence of malice

October 04, 2003: Judge ponders request to drop Klassen lawsuit

October 27, 2003: Judge Baynton's interim decision: Quinney dropped, the rest proceed

October 27, 2003: Claim goes forward

October 29, 2003: Brian Dueck

October 30, 2003: Dueck

October 31, 2003: Brian Dueck

November 01, 2003: Matthew Miazga

November 04, 2003: Matthew Miazga

November 05, 2003: Matthew Miazga

November 06, 2003: Sonja Hansen

injusticebusters' daily reports page 1

Final judgment: Dec. 30, 2003

Post judgment publicity

articles and editorials from Jan 6-9

Sabo's apology

Editorials: StarPhoenix, Leader Post and National Post

National Post front page story, Jan. 10

Sarah Gibb's profile of Richard and Kari Klassen |

Lives ruined by Jason Warick, Feb. 19

April 15/04: Judge Baynton warns defendants' lawyers not to delay damages trial

Dueck drops his appeal

Full transcript of Dueck's examinations for discovery which were part of the read-ins at the civil trial

 

 

Pre-sermonette Brash Comment

 

1998

 

Fall, 1998: Sask Sympatiko strikes again

2001

 

Muzzling the media

 

 

Sermonettes

2001

January: Legal Treachery to keep Dueck's lies safe

2002

March, 2002 -- Gay Bashing still a legal sport in Saskatoon -- Even when it turns to murder

 

2003

 

Feb. 1: Where we stand

Feb. 15, 2003: Has Saskatchewan learned anything?

March 1: Connecting the dots

March 23, 2003: From Micro to Macro

March 25, 2003: About libel and malice

March 27: Gangs of Saskatoon: the police and prison guards

April 28, 2003: The Naked Truth

May 5: How low will they go?

May 15, 2003: Come clean Calvert, Cline!

May 30: Still smearing Milgaard - defamation is alive and well on the lawn of the Regina legislature and Precendent has been set as we reclaim our institutions

June 11, 2003: --Eric Cline carries on a corrupt tradition

Nov 7: Courage -- the only reward is justice

November 20: Just following orders

November 24: Mayor Atchison, community policing and graffiti

November 25: Michael Jackson

November 30: Corrupt officials must be severely punished: otherwise they just keep on putting the administration of justice in disrepute!

December 1: Christmas comes early for injustice warriors

December 4: Wide open Saskatchewan?

December 16: Crawling through the tunnel of justice since 1991

December 24: The Crown keeps right on breaking the law

December 30: Who will find justice under their tree?

 

Links to more recent sermonettes can be found on any of the above pages