tag:blogger.com,1999:blog-195577522024-03-07T23:07:22.172-05:00Sue's Views on the Newsinequality and injustice in the news and in our livesSue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.comBlogger107125tag:blogger.com,1999:blog-19557752.post-82233506809268110832020-12-17T22:29:00.004-05:002020-12-17T23:31:35.473-05:00Response to Note to File from Doctor M, Respirology <p class="MsoNormal"> - Response to Note to
File May 29/19 from Doctor
SM, Respirology <o:p></o:p></p><p>First, let me say, I do not wish Dr M or any other doctor
including specialists, to begin by doing a bronchoscopy nor to do one at all.
Nor do I want it done directly or indirectly - as last doctor available - to
have it done under guidance and direction by Dr D. I would protocols to be
followed, which indicate doing a sputum test, and preferably a 3-part sputum
test, for the best chance. I was inserted into the middle of traditional TB
protocols by not being offered a skin test, or sputum test first. And I was
manipulated into having an ultrasound-guided endoscopy once I got into the
patient area of the Procedure area that day.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal">Dr M suggests, in his first paragraph, page 2, in his
version of my Medical Record, that I refused to follow up with further imaging.
But that is not the case. I refused to follow up <i>with him</i> in having further
imaging. I have since had imaging,
including a PET Scan organized by a different doctor, done on my lungs. But I do object to radiologists like Dr G
receiving too much direction as to what to write in the CT scan report. In his report dated Jan 23, 2019, he concludes, “<i>Alteration in morphology of dominant lesion in
the right upper lobe favours the possibility that it is related to the
patient’s known history of atypical mycobacterial infection rather than
malignancy.</i>” I objected formally, but
organizations that support the LHSC, as well as THE LHSC, presume that all
doctors speak from a position of professional integrity and good faith.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal">Furthermore, is Dr M inadvertently admitting to sending my
lung culture to Toronto Public Health genome lab to be cultured and tested, in promoting
his viewpoint on the state of my lung health in his Note to File. Or is he
trying to undo a wrong which may be a little too late. In this offical Note,
posted to my Medical Record in May, 2020, he claims the proper diagnosis of my
condition is that I “have” non-TB mycobacterium. If he did not follow
protocols (and he didn’t) when he submitted the sample/culture (deciding to go on
no other basis than my not having TB after all), how can his word be trusted (ie,
how can I, or we, have faith in his diagnosis? How valuable is a professional opinion when it
has not been confirmed, and even then, can that be trusted at this point, if
the Dr’s colleagues are the ones confirming it?</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal"><b>Views of Radiologists</b></p>
<p class="MsoNormal">I have had just a few x-ray images as well as a CT scan taken
in the last 3 months, between taking various
antibiotics, to determine how my lungs are, and what it looks like I have going
on there. Some of the findings are repeated, but not the interpretation Dr M’s
radiologist gave in his x-ray report made earlier, that served to uphold a
questionably- acquired test result (called by Dr M a diagnosis). The results
from different radiologists on those images in the last three months include
aspiration pneumonia, pleural effusion, a primary nodule, <span style="color: #231f20;">bronchiectasis, </span>an indication of hilum or hilar pneumonia,
persistent left basilar opacities and interstitial pneumonia.<o:p></o:p></p>
<p class="MsoNormal">I implore readers of the Note to File, now on my medical
record, not to blindly follow Dr M’s suggestions. He was not my Dr when he
posted the Note to File and he had no right presenting his opinion in that
manner. It was a test result, not a diagnosis. He is not my respirologist, I will be sending this to FIPPA or the Privacy
Office, and/or the President of LHSC Paul Woods, to have this Response placed alongside the Note to File.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal"><b><span style="color: #231f20;">Mycobacterium and TB</span></b></p>
<p class="MsoNormal"><span style="color: #231f20;">What Mr P (Dr Woods’
spokesperson, in his last letter) stated about mycobacterium, that it is a
reportable disease, was factually incorrect. Tuberculosis is a mycobacterium,
officially, but is reportable. But when the use of language comes into play,
the way it is used is important. Language was created by humans, and can be
changed by them, more likely if they have authority, to signify something else.
Mr P doesn’t say where he gets his information, that all mycobacterium is
reportable. If someone told him that mycobacterium is reportable, I would like
to know who. If he discovered that incorrect fact himself, he made a grave
error and should correct his misunderstanding.
I have implied before, if not stated outright, that someone sent my
presumed sample/culture of mycobacterium (non-TB mycobacterium) up to Toronto
without discussing the implications of it with me! And here Mr P is saying all
mycobacterium, not just TB, was reportable and the testing needed to be done,
for the sake of the community. And that my sample/culture, was sent up to
Toronto to test further the TB aspect of it, I think he might have been saying,
which was not true. The test for TB at the local lab came back clear. I did not
have either active nor latent TB. That was decided and so someone sent it to
Toronto. That would have been Dr M. It
was sent up to Toronto to investigate as a
a non-TB form of mycobacterium, which is non-reportable.<o:p></o:p></span></p>
<p class="MsoNormal"><b><span style="color: #231f20;">The Requisition</span></b></p>
<p class="MsoNormal"><span style="color: #231f20;">Furthermore, what they sent up
to Toronto – what they – he – was looking for – was not done through a proper
requisition. Shouldn’t Dr M have known
that? If not him, who authorized the requisition for further investigating of
my culture in Toronto Public Health Lab.
The only requisition I have managed to gain access to was not signed and
the title of the test or culture to be performed was altered. <o:p></o:p></span></p>
<p class="MsoNormal"><b><span style="color: #231f20;">The Consent Form - informed consent</span></b></p>
<p class="MsoNormal"><span style="color: #231f20;">The idea of informed consent is
essential to hospital policy. But I was denied that when Dr D, who did the
bronchoscopy, said I could not see the consent form until I got into the
Procedure room, for the bronchoscopy. Now that so much time has elapsed, since
2018, no one will be able to remember anyway. But you can guarantee that if he
did it once, he has, or will, try it again unless stopped!<o:p></o:p></span></p>
<p class="MsoNormal"><span style="color: #231f20;">I did not get to see the form
until I had removed my glasses and had them put away, and was lying on my back
on the stretcher. Then I got to see the form, while everyone bustled around
with tubing and all that was required. I didn’t know what it meant that my
sample/culture could be tested for research or whatever else it says, by the
hospital.</span></p>
<p class="MsoNormal"><b>“Clinical Symptoms”</b></p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal">Dr M didn’t seem to realize that up to this point, starting
with the bronchoscopy, the symptoms written down as “clinical symptoms” - cough and shortness of breath – were
symptoms of me having emphysema. The mistake was passed to Dr P to Dr D, the
morning of the bronchoscopy. Afterwards, somehow, the employee at LHSC managed
to insert the same clinical symptoms into her SUSPECT form, indicating she
thought I had new symptoms of coughing and a problem breathing, not symptoms
attributable to emphysema but which had to be investigated as symptoms of
Tuberculosis. <o:p></o:p></p>
<p class="MsoNormal"><b>SUSPECT of having TB</b></p>
<p class="MsoNormal">Dr M knew, or should have known, that the symptoms I had
which were used to declare me SUSPECT of TB by LHSC Department of Infection and
Control were taken from my Medical File, but were symptoms of COPD (Emphysema) not
current symptoms of a recent respiratory illness. We both knew – or I thought we did – that this
was a routine bronchoscopy and that I didn’t have symptoms to investigate. The
procedure was to investigate infection, but any respirologist would have known
that this patient was also being investigated for a possible malignant nodule.
After all, it’s in my Medical Record.<o:p></o:p></p>
<p class="MsoNormal"><b>Reportable vs Nonreportable</b></p><p class="MsoNormal">Presumably, Dr M did not know that, unlike Tuberculosis,
which is a reportable disease, non-TB mycobacterium is non-reportable – not
required to be reported to Public Health. Yet he went ahead and presumably sent a
requisition up to Toronto with the sample/culture, gained without my informed
consent. Too many guesses and assumptions led to this situation happening and
no one taking responsibility. Regardless of whether it turns out I had non-TB
mycobacterium, Dr M has behaved abominably.</p><p class="MsoNormal">If by chance I have the condition, how can we know that it
happened by chance. If someone can ignore the protocols at will, for any
reason, what’s to stop them from ignoring other protocols. When a Dr speaks and
sees himself as having the right to make
mistakes on his Note to File, or on my medical record when used as a guide for
others involved in my care, just because he is a professional and apparently
his opinions matter while mine don’t, it doesn’t mean that what he speaks is always
the truth.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal"><b>Finding a Doctor</b></p>
<p class="MsoNormal">I have difficulty finding and keeping a doctor, through
having spoken out before when things went badly. Being single and older and
living alone isn’t the way our own culture works, and it may be worse for those
with more traditional views about older women, especially if they do so without
having had a career. The education can be so easily discounted if one didn’t
have a career, as can anything the patient says. So at this time I would value
any input into this situation, especially coming during the pandemic, as it is. I am seeking
better health than I sometimes have received, as I still have research I would
like to do. <o:p></o:p></p>
<p class="MsoNormal">Comments can be made on this blog entry, directly below. Several
doctors already have access to relevant documents. I may add more later. I am
asking here that Dr W, President, LHSC, and the Privacy Office, take
steps to place my response alongside the Note to File by Dr M. </p><p class="MsoNormal">The names here have been altered to
protect the privacy of all. Contact me privately for more information.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p></p>
<p class="MsoNormal">Thank you <o:p></o:p></p>
<p class="MsoNormal">Susan McPherson<o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p>London, ON.</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal"><br /></p>Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0London, ON, Canada42.9849233 -81.245276814.674689463821153 -116.4015268 71.295157136178844 -46.0890268tag:blogger.com,1999:blog-19557752.post-14155635039128654752020-11-15T21:06:00.004-05:002020-11-16T22:41:07.232-05:00 A birthday party, a car in the wrong space, and Mr "L”<p><span style="font-family: times; font-size: medium;"><span>This
tells of the unresolved incident whereby a tenant parked her car in the parking
space allocated to another in an apartment building parking lot in London,
Ontario, and the resulting fabrications, false memories, and further</span><span> </span><span>offensive behaviour of Mr “L”.</span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;">The
reason I am telling about this incident that took place 3 years ago is because I
need to tell my side of the story, due to boss Mr “L” still saying, three years
on, that I parked in the other tenant’s parking space, and that she, apparently,
only then parked in mine. <o:p></o:p></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;">The
incident was never investigated, even though I reported it to Management as he
had come quite nasty, blaming me and threatening to call a tow-truck if I
parked in someone else’s parking space again (I had told him that day, when I
went to ask him to ask the owner of the blue car to move, that when I saw
someone in my spot, I parked in the next space to it).</span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I
had arrived home at 2:30 in the afternoon, of Tuesday, July 4, 201 (a regular
workday for Canadians as far as I know) after being out running errands with
the car for a couple of hours or so.</span><span>
</span><span>When I realized someone else had parked in my parking space, I just
pulled into the next space to that, which happened to be empty.</span><span> </span><span>I was tired and did not realize it would
cause such a problem to Mr “L” sense of logic, or to the dismay of some friendly
residents in the building who were helping him celebrate his birthday, they said.</span><span> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I
left my car in the next space while I went in to see if Mr “L” was around or
someone who knew who had parked in my space. </span><span> </span><span>As I walked by the lounge I saw Mr “L” sitting
there with other residents as they commonly did, and went in, although this time
they were eating cake and ice cream. Immediately, I was treated as though I was
trespassing on a private party, although this was a working day and the middle
of the afternoon. I was scorned for appearing thus, to ask him if he could call
the owner of the blue car (the one usually parked beside mine) before I went up
to my apartment. </span><span> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>Mr
“L” was more interested in where I had parked my car (because, well, wherever I
parked it now it would not be in the space allocated to me.)</span><span> </span><span>He turned against me, ,just as his group of old
girls had, and threatened to have my car towed if I parked in someone </span><span> </span><span>else’s space again, because I should have
parked in the Visitor’s parking area.</span><span> </span><span>He
had the authority to have cars towed, he suggested, although the fact that this
other woman had parked her car in my space while I was away didn’t seem to
bother him. It was MY car that he threatened to have towed. He did finally go
to call the owner of the blue car, after finishing his cake and ice cream.</span><span> </span><span>Within a few minutes she came down, and we
walked out together, for her to move hers into her own space, and me to move
mine into my space.</span><span> </span><span>She seemed a bit
confused, as one would be if they had parked in the wrong space and not
realized it.</span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>The
situation, however, was left with me being blamed, as Mr “L” decided to spin
it, distorting what happened into it being me who parked in the blue car lady’s
space so she had no choice but to park in mine, apparently.</span><span> </span><span>However, Mr “L” wasn’t interested in calling
the tow truck on her parking </span><span> </span><span>mistake,
only on me, for parking in the next empty space.</span><span> </span><span>And blaming me was what he continued to do,
it appears, during all the time I attempted to get the situation sorted out
with Property Management.</span><span> </span><span>I had been
unable to pursue the matter farther due to other commitments. </span><span> </span><span>2017 was a busy time, dealing with health
issues and a doctor behaving about as nonsensically as Mr “L”.</span><span> </span><span>I just didn’t have time to do it all. </span><span> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>Having
that erratic situation never being resolved, as Management was unable to deal
with it effectively, was another burden I was forced to carry, through being
blamed for yet another incident that was not my fault. </span><span style="mso-spacerun: yes;"> </span><span>There is no Tenants’ Association for residents
to go to, when such things happen. It is only people like Mr “L” and his inner
circle, presumably, who get to say what’s what.</span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I
just happened to mention the parking space incident one day, on my way through
the parking lot, to Mr “L” as it happens, who is still the one in charge,
although since Management had never conducted an investigation, apparently not
even asking the errant lady herself how it came about, no guilt or innocence
was ever decided upon. It was only stated by the higher-ups that the situation
had been “addressed” thoroughly and it was time to drop it. It looked like the
situation hadn’t been addressed at all – especially about the approach to the
situation by Mr “L”. </span><span style="mso-spacerun: yes;"> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>So
imagine my surprise when I discovered, three years later and straight from the
horse’s mouth himself, that I had parked in the blue-car-lady’s space first,
whereupon she had parked her car in mine. He didn’t say whether she had
mentioned that “fact” to him on July 4, 2017, before going up to her apartment after
parking in my space, or whether she had simply decided that nature would take
it’s own course. </span><span> </span><span>He just said I had been
the one at fault, parking first in her space, then she in mine. Nobody has
mentioned that incident to me, in fact, other incidents have not been mentioned
either, as though the girls in the know had learned what they should take as
the truth. </span><span> </span><span>Nothing seems to arrive at a
resolution here. They are just left up in the air, and the girls in the inner
circle would know what had been decided as the truth.</span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I
still don’t know how that situation as described by Mr “L” could have come
about – how did the blue car lady come to arrive home – and when – only to find
I had apparently parked in her space. </span><span> </span><span>I
would like Mr “L” to be more specific, because of course the superintendent would
know. But if I had already been in her parking space, (parking there earlier in
the day, or the day before), at some point the evening before or on July 4, she
had to have come home with her car, and parked it in my space because hers was taken.
</span><span> </span><span>If she had gone to Mr “L”, I’m sure he
would have asked the lady J what time she arrived home and found her space
taken.</span><span> </span><span>After all, he would want the
truth of the matter, wouldn’t he?</span><span> </span><span> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I’d
like to hear his story of how this incident happened, from notes he took about
it.</span><span> </span><span>I’d like to know what time she says
she arrived home and, parking in my space instead (which Mr “L” and Management
insists is a no-no), did she then attempt to contact Mr “L”? Did she leave a
note for him, or a phone message, to get me to move my car?</span><span> </span><span>How about some details on exactly how this
situation came about, since they are claiming I was at fault for parking in the
wrong space first.</span><span> </span><span>I spoke to the lady
once or twice after that, asking her to call Management and tell them what
happened, but she said only that she thought the situation had been resolved. No,
lady with the blue car. It hasn’t been resolved!</span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>What was odd about this was that he seemed ready
to place blame on me as soon as I walked in – his women, too - and was most
certainly ready with the story that I had parked in the wrong space the day
before. But if that were the case, that I had in the wrong space first, wouldn’t
the other lady had gone to him about it on July 3; so why didn’t he telephone
me that day and ask me to move my car. Or why didn’t he check during the day of
July 4th, and realizing I had gone out in my car, which I had at about 12:30
pm, why didn’t he contact the lady who apparently had been obliged to put her
car in my space, to ask her to move her car, now that I had gone?</span><span> </span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><span>I was
blamed, unjustly, for causing this incident. Now, three years later the lady in
the blue car is still in her parking space, and I am in mine, beside hers. </span><span> </span><span>I have explained here how this incident came
about, and the result for me of trying to get it resolved. I have spoken my
truth, and others have spoken their lies.</span><span>
</span><span>But I would still like them to speak up and admit they were wrong, and
wrong to blame me.</span><span> </span><span>If anyone can explain
how this happened, in a different way than what I am stating, then explain, giving
times of day, and who parked where, and to whom did they report it.</span></span></p>
<p class="MsoNormal"><span style="font-family: times; font-size: medium;"><span>As well as
getting the story straight, about the parking space, what’s been ignored
altogether by Mr “L” and other staff, is his behaviour and that of his female
companions. </span><span face=""Arial",sans-serif" style="mso-bidi-font-family: "Times New Roman"; mso-fareast-font-family: Arial;"><o:p></o:p></span></span></p>
<p class="MsoNormal" style="margin-bottom: 0in;"><o:p><b><span style="font-family: times; font-size: medium;"> Part 2</span></b></o:p></p><p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><o:p> </o:p>So what was it, you may be
wondering, that started this up again, this situation that had been in limbo
for 3 years?</span></p><p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;"><o:p></o:p></span></p><p class="MsoNormal" style="margin-bottom: 0in;"><span style="font-family: times; font-size: medium;">On Tues Sept 15, 2020, I had gone out to the car, and
stopped for a moment to ask a question of Mr “L”, about something for the
apartments. I happened to say something
about living with the old parking space incident from 3 years ago, having to
live with it not being settled and he responded in a manner I wasn’t expecting,
saying that I was the one who parked in the other person’s parking space first,
and so she parked in mine when she came home.
Well he caught me off guard, and I responded, telling him what I thought
of him. He wasn’t taking an approach
that suggested it was a no-fault matter. He placed the blame squarely on me! I told him off, indicating I did not accept
his version of what happened and then left! Nothing had changed. He’s still the
same old person. (And as I have stated,
I would like him to explain exactly how that incident happened the way he said
it did, and why on earth the lady didn’t try to fix the problem instead of
parking in my parking space and simply going home).</span></p><p class="MsoNormal"><span style="font-family: times; font-size: medium;"><o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: times; font-size: medium;">On Friday Oct 9, 2020, when I came back from getting groceries,
a red pickup truck with a hook on a chain on it was parked in my parking space,
no doubt from the site next door, although most park their vehicles away from
the residents’ parking areas. <o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: times; font-size: medium;">Without entering the driveway into our lot, I stopped just
as two guys in red vests went by, on their way to the construction site. I
explained that there was a pickup truck in my parking space, and would they
mind trying to locate him and have him move his vehicle (assuming he was from
the site). They did that, and a few
minutes later the man came and got into his truck - without speaking to me - and
moved it. I didn’t get out of my car. I
parked it and went home.<span style="line-height: 106%;"><o:p></o:p></span></span></p><p class="MsoNormal" style="line-height: normal; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 1;"><span style="font-family: times; font-size: medium;">The next day, Saturday,
October 10, the London Free Press had a special piece about Thanksgiving, so I wrote
a comment about this incident for it, thanking the two workers who had been passing
by just when I needed them – too tired to get out of the car to have to go looking
for the owner of the red pickup myself, at the construction site! <o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 1;"><span style="font-family: times;"><span style="font-size: medium;">The comments made by myself
and one other following the article were later removed, but that doesn’t lessen
the appreciation I have towards some people of this city who were so helpful to
me at that time. In fact, it makes me appreciate the kindness I received even
more. I still have what I wrote in the
comment I submitted:</span><o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 1;"><span style="font-family: times;"><span style="font-size: medium;"><i><span style="color: #555555;">Regarding a
recent incident, I am grateful two workers in red vests who happened to be on
the spot went to find the man who parked his red truck in my parking spot while
he went to the construction site next door. I appreciated not having to try to
find someone who could help in this matter without having it end up the same as
it did 3 or 4 years ago when I was the one who got blamed for being the person
who initially parked in the space next to mine. I am grateful for the
opportunity to tell about that incident and the disregard, rudeness, and lies
of the people involved. The London Free Press has provided readers with this
opportunity to discuss local issues and happenings until recently (soon after
the rope incident in the nature area, which offended some people), when
commenting on articles was severely restricted. I don't like to see people with
power using it to silence others!</span></i><b><i><span style="color: #555555;"> </span></i></b></span><span style="font-size: medium;"><span>(<span style="color: #191919;">WE ASKED LONDONERS: What are you most grateful for this
year? </span></span><a href="https://lfpress.com/news/local-news/we-asked-londoners-what-are-you-most-grateful-for-this-year"><span style="color: blue;">https://lfpress.com/news/local-news/we-asked-londoners-what-are-you-most-grateful-for-this-year</span></a><span> </span>Oct 10, 2020)<span>. <o:p></o:p></span></span></span></p><p class="MsoNormal" style="margin-bottom: 0in;"><o:p><span style="font-family: times; font-size: medium;">
<span style="line-height: 106%;">Parking in another
person’s parking space isn’t such a big deal. But it was, when Mr “L” and his buddies were in
charge of such situations. </span></span></o:p></p>Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-10505018605178712722020-06-16T14:41:00.001-04:002020-06-16T15:29:38.943-04:00The Threat-sensitive Brain: a theory about animals applied to Gabriel Wortman<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
An analysis of<br />
<span style="background-color: white; color: #555555; font-family: monospace; font-size: 14px; white-space: pre-wrap;">Seeking to explain Nova Scotia shootings: Inside the 'threat-sensitive brain' </span><br />
<a href="https://www.cbc.ca/news/canada/nova-scotia/mass-killing-portapique-mental-health-1.5602698" style="background: 0px 0px rgb(255, 255, 255); box-sizing: content-box; color: #007dbc; font-family: monospace; font-size: 14px; line-height: 1.4em; white-space: pre-wrap;" target="_blank">https:<wbr style="box-sizing: content-box; line-height: 1.4em;"></wbr>//www.<wbr style="box-sizing: content-box; line-height: 1.4em;"></wbr>cbc.<wbr style="box-sizing: content-box; line-height: 1.4em;"></wbr>ca/news/canada/nova-scotia/mas<wbr style="box-sizing: content-box; line-height: 1.4em;"></wbr>s-killing-portapique-mental-he<wbr style="box-sizing: content-box; line-height: 1.4em;"></wbr>alth-1.5602698</a><br />
<span style="background-color: white; color: #555555; font-family: monospace; font-size: 14px; white-space: pre-wrap;">'A threat-sensitive brain that is always looking for evidence to confirm the world is against them' </span><span style="background-color: white; color: #555555; font-family: monospace; font-size: 14px; white-space: pre-wrap;">by Michael MacDonald· The Canadian Press· Jun 08, 2020 7:25 AM AT | Last Updated: June 8</span></div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
<br style="box-sizing: content-box; line-height: 1.4em;" />
The Threat-sensitive Brain </div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
Can such a theory be applied to human beings or is it better off being applied to animals who survive on instinct? (revision of response to same article previously posted elsewhere).</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
This type of mental health explanation, as described in the article, ignores the reality of informal social networks or community ideals of conforming to the authority of those who have been granted power to control the lives of those living within their borders. Communities based on tradition or other cultural values may well result in the individual being punished discreetly and informally for breaking the rules of the hierarchy, which could be based on sexuality, or gender, wealth, or another kind of perceived status of members of the community.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
Seeking to understand the behaviour of the individual presumably isolated within it, in relationships with fragile bases in which loyalty and trust have little place, means that injustices will build up, and if not resolved may eventually result in the individual attempting to break away from this insurmountable problem.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
The idea of the 'threat-sensitive brain' must surely result in loud beeps in the brains of those reading about it, as though the individual has some kind of physical brain disorder (or animal-like brain where instinct is what counts) that results in the individual being unable to reason, to adapt, to be in a relationship, and to live a life of substantial success within the community and at a distance, doing work that has earned him compliments and security, doing sensitive, personal work with clients/patients seeking dental repair. If Gabriel Wortman were this kind of person, he probably wouldn't have been able to achieve all that he did.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
The term 'injustice collector' is the creation of those who have lived at the top too long and has little understanding of what really happens in society, in communities that are encouraged and rewarded for demonstrating the collective value of family, sharing, and conformity and excluding those who don't quite measure up.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
Referring to being an 'injustice-collector' as a way of seeing the world, as Tracy Vaillancourt (children's mental health and violence expert) does, according to this article, is only one possibility of a motivation for this tragic event. This expert in child bullying would do better spending more time on the subject of 'peer victimization' among adults.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
Read ‘Dangerous Instincts’: FBI profiler explains the dangers of that ‘nice’ neighbor <<a href="https://www.washingtonpost.com/lifestyle/style/dangerous-instincts-fbi-profiler-explains-the-dangers-of-that-nice-neighbor/2011/10/17/gIQAkvNCDM_story.html" style="background-position: 0px 0px; box-sizing: content-box; color: #007dbc; line-height: 1.4em;" target="_blank">https://www.washingtonpost.com/lifestyle/style/dangerous-instincts-fbi-profiler-explains-the-dangers-of-that-nice-neighbor/2011/10/17/gIQAkvNCDM_story.html</a>> for information on the world-view of Mary Ellen O’Toole, a former FBI profiler who coined the term.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
Michael Arntfield, criminologist turned armchair psychologist, who speaks of the 'injustice-collector' as someone who often feels "cheated or disrespected by others, even though there may be no evidence to support those beliefs." And that is most likely the problem. If a community does show disrespect in small ways, in an unrelenting manner, there may well be no “evidence” of the type that someone like Arntfield, a former police officer now working in a 'customized academic appointment' at Western University, would value (see Wikipedia, Michael Arntfield). Most of his work seems focused on the individual rather than the community, as most psychologists involved in extrapolating this theory of 'injustice-collecting' and the 'threat-sensitive brain' are.</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
I suggest a focus on the community, and I don't mean accepting their stories on Wortman as 'evidence' of his guilt or fitness-of-mind or not, but treating them, too, as though they might not be as credible as the investigators of this horrendous tragedy would like them to be. Liking should not translate to 'credibility'. Rather, investigators should attempt to be objective and to keep in mind that when such a tragedy happens, evidence of the sort that shows the killer in a good light may well be kept hidden. No one wants to support the bad guy at a time like this. Mr Wortman was known to be a caring and community-minded denturist in his working community and among those who knew him in that role. But community is often set apart from a person's work-life. It doesn't mean that Wortman should be labelled 'injustice-collector' because those in the business of psychology see him as such. </div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
A perspective taken from the discipline of Sociology might be better at undoing some of the falsehoods of this perspective, and the very one-sided blame on one man, similar, in fact, to the moral culpability of the tragedy of the Montreal massacre of 1989, during which killings were committed by Marc Lepine, for reasons that were distorted and attempted to be hidden from Canadians.<br />
<br />
References:</div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
<span style="background-color: white; color: #555555; font-size: 14px;">Seeking to explain Nova Scotia shootings: Inside the 'threat-sensitive brain' </span><br />
<span style="background-color: white; color: #555555; font-size: 14px;">by Michael MacDonald·</span><br />
<span style="background-color: white; color: #555555; font-size: 14px;">The Canadian Press·</span><br />
<span style="background-color: white; color: #555555; font-size: 14px;">Posted: Jun 08, 2020 7:25 AM AT | Last Updated: June 8</span><br />
<span style="background-color: white; color: #555555; font-size: 14px;"> </span><a href="https://www.cbc.ca/news/canada/nova-scotia/mass-killing-portapique-mental-health-1.5602698" style="background-position: 0px 0px; box-sizing: content-box; color: #007dbc; font-size: 14px; line-height: 1.4em;" target="_blank">https://www.cbc.ca/news/canada/nova-scotia/mass-killing-portapique-mental-health-1.5602698</a><br />
<br />
<span style="background-color: white; font-family: "times new roman" , "times"; font-size: 12pt;"> ‘Dangerous Instincts’: FBI profiler explains the dangers of that ‘nice’ neighbor</span><br />
<span style="background-color: white; font-family: "times new roman" , "times"; font-size: 12pt;">By Monica Hesse </span><br />
<span style="background-color: white; font-family: "times new roman" , "times"; font-size: 12pt;">Style</span><br />
<span style="background-color: white; font-family: "times new roman" , "times"; font-size: 12pt;">October 24, 2011</span><br />
<a data-mce-href="https://www.washingtonpost.com/lifestyle/style/dangerous-instincts-fbi-profiler-explains-the-dangers-of-that-nice-neighbor/2011/10/17/gIQAkvNCDM_story.html" href="https://www.washingtonpost.com/lifestyle/style/dangerous-instincts-fbi-profiler-explains-the-dangers-of-that-nice-neighbor/2011/10/17/gIQAkvNCDM_story.html" style="background-color: white; color: #00a0cd; font-family: "times new roman", times; font-size: 12pt; text-decoration-line: none;">https://www.washingtonpost.com/lifestyle/style/dangerous-instincts-fbi-profiler-explains-the-dangers-of-that-nice-neighbor/2011/10/17/gIQAkvNCDM_story.html</a></div>
<div style="box-sizing: content-box; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; line-height: 1.4em; margin-bottom: 14px;">
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-77110920130679200572020-06-11T23:05:00.002-04:002020-06-11T23:38:58.048-04:00HPARB Notice of Intention Not to Proceed with Review<br />
<div class="MsoNormal">
2020 June 11 re <b>Dr D<span style="mso-tab-count: 6;"> </span><span style="mso-tab-count: 1;"> </span>Susan McPherson<o:p></o:p></b></div>
<div class="MsoNormal">
In Response to Notice of Intention not to Proceed with
Review by HPARB</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Following is the Response I submitted on June 11 to the Notice I received from HPARB (<o:p></o:p><span style="background-color: white; color: #5f6368; font-family: "arial" , sans-serif; font-size: 14px; font-weight: bold;">Health Professions Appeal and Review Board</span><span style="background-color: white; color: #4d5156; font-family: "arial" , sans-serif; font-size: 14px;">) </span>that they were planning not to proceed with the Review of the CPSO complaint that I had asked them to do. I was required to submit responses to HPARB within 30 days, which I did. the case is complex, and I could see that they hadn't really understood what I had said, so I tried again to explain. In the following document, I have omitted the names of the parties involved and other extraneous information, such as titles of attachments and their job titles, etc.<br />
<br />
This is one of two responses I made about two doctors I had laid the complaint about to the CPSO, originally. The CPSO (College of Physicians and Surgeons), had decided not to go forward with the investigation, having saying that my complaint looked as though it was
“frivolous, vexatious, made in bad faith, moot or otherwise an abuse of
process.” They didn't say which. HPARB followed suit, the reason being that they do not conduct an investigation of the original complaint, only looking at the CPSO ICRC (the Committee) to see if they would have reached the same conclusion. They did, by making the same mistakes and relying on staff at LHSC to be able to explain this situation to them.<br />
<br />
If viewers have questions, you are welcome to ask, or leave a comment. Please excuse the spelling errors. <br />
<div class="MsoNormal">
<o:p></o:p></div>
</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
HPARB Notice of Intention Not to Proceed with Review</div>
<div class="MsoNormal">
</div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;">by Susan McPherson, Complainant<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;">Dr D, Respondent<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;">Case File: Dr D<span style="mso-spacerun: yes;"> </span>HPARB <span style="mso-spacerun: yes;"> </span>(CPSO, Complaint June 28, 2019)<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;">Date: <span style="mso-spacerun: yes;"> </span>June 11, 2020<span style="mso-spacerun: yes;">
</span><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;">Sent by email to<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk42760330;"><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<span style="mso-bookmark: _Hlk42760330;"></span>
<br />
<div class="MsoNormal">
1.<span style="mso-spacerun: yes;"> </span>The respondent, Dr
D, was and possibly still is one of the health care custodians of reports and
other documents about me that are related to this case; in fact, he was one of
the main ones, being the person in authority, as submitter and receiver, responsible
for the sending and receiving of documents from the lab he worked in at LHSC,
and possibly providing authorization for some of them. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
2.<span style="mso-spacerun: yes;"> </span>I understand what HPARB
is saying, that it was simply HIS name and hospital address that appeared on
documents coming and going and that to him and the hospital it meant nothing.
It wasn’t as though anyone was taking responsibility for what went out or was
accepted in. I can see that. I already knew that. But I would like to know Dr D’s
part in that, and whether he could have done better, and whether he should have
been doing that job, and whether he did it to other patients, and more.
Shouldn’t the hospital, and the College of Physicians and Surgeons, be
accountable for their mistakes? <span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
3.<span style="mso-spacerun: yes;"> </span>In the response I
received from M, formerly of P<span style="mso-spacerun: yes;"> </span>O LHSC, on
May 31, 2019, she sent an explanation about the various documents that was not
accurate.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
4.<span style="mso-spacerun: yes;"> </span>In the email
bundle I received from HPARB on May 13, pages from M were listed under p 2, - -
<span style="mso-spacerun: yes;"> </span>that they used in determining the
Decision on this case.<span style="mso-spacerun: yes;"> </span>They are attached
here. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
5. <span style="mso-spacerun: yes;"> </span>First of all (re
Item 2 of the ROI) it wasn’t me who said that EMERG was involved in my path
from Bronchoscopy to being TB Suspect. That information was on the Suspect form
filled out by B, as well as other forms, such as the requisition form, and was
an error. I don’t know how, except that almost everything she wrote on the form
was incorrect. I didn’t have symptoms not able to be explained by emphysema,
for instance. She just picked things up from my medical record and plopped them
into the TB SUSPECT form. I state this because HPARB has accused me of being
frivolous, and I don’t want them to think I just made things up out of the blue
and asked M to find out about something that didn’t exist. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
6.<span style="mso-spacerun: yes;"> </span>M, P O, LHSC,
thought that an “automatic notification” was “triggered” due to the “nature” of
my visit to Dr M, and presumably did not involve any human action to be taken.<b>
</b>Somebody has to put the piece of paper into the FAX machine, or lift up the
telephone, or copy an email to God knows who. It doesn’t happen automatically,
unless these people at LHSC are AI robots or in a daze and things get forwarded
“automatically.” <span style="mso-spacerun: yes;"> </span>Likewise with the
requisition that was said not to have been sent by anyone. It simply exists, presumably
and D was not responsible, you claim. <span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
7. Farther down on page 2 of her letter, M tried to tell me
– and I am copying again for you - that “bacteria in the TB family was found <i>during
the exam</i>.”<span style="mso-spacerun: yes;"> </span>Actually, bacteria cannot
be seen while the bronchoscopy is being carried out. It has to be discovered at
the lab – presumably at the LHSC lab if possible, or if not at the Public
Health lab locally or in Toronto. <span style="mso-spacerun: yes;"> </span>Sounds
like circular reasoning on her part – using the “find” as a reason to conduct
tests on the sample to try to discover what it was, if anything, no matter how
many labs they had to send it to. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
8. HPARB and thus, CPSO, chose to refer to P O M’s response
to me, received by me on May 31, 2019. <span style="mso-spacerun: yes;"> </span>See pages 1 and 2 of her letter attached. <span style="mso-spacerun: yes;"> </span>HPARB wrote in Section II,<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span>of
the Notice of Intention not to Proceed with Review (May 13, 20) how they
understood the process, that “possible bacteria” of the TB family was present. However,
it wasn’t possible for TB to be found until some reason was found for pursuing
it – as with COVID-19 - such as having symptoms, or being in contact with
someone who had it. In one assessment tool at MLHU that was written on, too, for
no reason, the word “contact” was added. <span style="mso-spacerun: yes;"> </span>It was thought I might have had an infection
previously, but that could have been pneumonia or bronchitis. TB wasn’t
suspected at the time of the bronchoscopy. If it was, no one told me, at least,
not in a way that indicated what I might be up against, which was a lot more
than most immigrants are. The doctor might have wondered to himself, but there
was NO INDICATION that I had TB. Sure, you can say it was “possibly TB,” or
possibly anything on the list of infectious diseases, or anything not
infectious. It could have been - anything. But I didn’t fit the profile for TB and
had no symptoms and I didn’t have close contacts so there was no reason to
pursue that avenue. <span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
9. <span style="mso-spacerun: yes;"> </span>It wasn’t until B
filled out the form that anyone could seriously consider that I had TB,
contradicting what you claim happened, that TB was suspected from the
beginning. If she had filled out the form accurately, with more care, it would
have been realized right away that I probably didn’t have TB and didn’t need to
be tested. It is possible that once a test was done that indicated by the AFB
test that TB was possible, B would have made out the inaccurate SUSPECT form,
but it would take Dr D or someone to say how that test happened, and where, and
when. And I don’t mean M saying she asked someone and they said this or that
was a reasonable explanation. She was not a spokesperson for the LHSC and ought
not be giving her word on how things happen there (and nor is Patient
Relations, if that idea comes up). We are supposed to be able to put our trust
in doctors, but how can people do that when things like this happen?<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
10. What I mean is that someone, such as Dr D, or whoever
conducted the AFB test and signed the test result as being authentic and
authorized by a requisition, <span style="mso-spacerun: yes;"> </span>and
received the lab report back, should be investigated by HPARB as the person
being investigated should be. If CPSO did not do this, then it can be said that
in this matter, the investigation they conducted was not adequate.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
11. I realize that the inadequacy of the CPSO
investigation of my complaint is one of the reasons I was able to request a
review. <span style="mso-spacerun: yes;"> </span>The other part was whether or
not the Decision of the Investigating Committee of the CPSO was reasonable. And
it was not. I cannot state what their final conclusion was because they don’t
exactly say – either I was being “frivolous” or I was “abusing the process”.
What was it? HPARB says the same thing, which isn’t really anything unless it
was something. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
12. Still looking at Item 4 of the HPARB Notice, it is
stated that TB is a mycobacterium. Tuberculosis most certainly is a contagious
disease on the list of reportable diseases to Public Health. However, non-TB
Mycobacterium, the query that someone had in order to have sent up a sample culture
to Toronto to be identified as such, is not reportable - meaning, it is not
reportable to Public Health as a public health concern and need not be
investigated in samples submitted by any patient, or immigrant from countries
where it is most likely to occur in large numbers. Most often, the two diseases
are separated, into TB and non-TB mycobacterium. The kind that was presumably
found in a test culture in (date), 2018, in a sample that was taken from me
during the bronchoscopy in August, ened up being non-TB mycobacterium. <span style="mso-spacerun: yes;"> </span>It was an unusual investigation, as most
immigrants do not even have the test done upon arrival in this country.<span style="mso-spacerun: yes;"> </span>They just have a regular TB test, perhaps a
sputum test, which I did not have in the first place. I was sent straith
through to having the full TB mycobacterium and non-TB mycobacterium
investigated. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
13. Speaking of TB mycobacterium and non-TB mycobacterium as
though they are in the same family – as the HPARB Notice does - may or may not
be correct, legally, but they are not talked about – nor investigated – nor in
the same risk category<span style="mso-spacerun: yes;"> </span>- <span style="mso-spacerun: yes;"> </span>in medicine.<span style="mso-spacerun: yes;">
</span>And it distorts the issue to write about it in that manner. Where in the
Notice it is written “<i>That testing revealed the bacteria was not one that
causes tuberculosis</i>,” (Item 4, Notice . . Dr D) that is another error. It
was already known by that time that the bacteria I had, if I really did have
any worth mentioning, or a conclusive test result, was not TB. The sample
culture was sent to Toronto to discover whether is was a non-TB mycobacterium,<span style="mso-spacerun: yes;"> </span>not to check whether it was not one that
causes TB. And I don’t even know whether proper submitting protocols for the
sample were carried out.<span style="mso-spacerun: yes;"> </span>Based on the
looks of the requisition I managed to get and the lab test result that came
back with no clear dates or results, nor names of authorizing doctor, and B’s
methods, one would have to question whether the lab even followed proper travel
protocols of the sample.<span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
14. And of course, as I have said, the test result of that
single test was positive, and remains unconfirmed because Dr M didn’t follow
standard guidelines for the testing for TB. If it was Dr M who authorized the
requisition for further testing, or Dr D2, or Dr D, I would like to know. So
far, it is only Dr D’s name on the requisition, as Submitter, And he was the
receiver of the finished lab result. At least, for this investigation, I would
like to hear from Dr D himself, what his job description is and did he not think
he was supposed to check important documents like requisitions from his
department before they were sent out, with the sample culture? <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
15. I have included the original handwritten Dr D
Requisition form here so it can be compared with the typed-up data on the lab
information forms located in the bundle of documents sent to me. Both those are
OLIS data, with information jumbled together not making much sense unless one
already had a good grasp on the details of the lab testing, etc. But both had
Dr D’s name on them, one even stating that Dr D was the “Ordering physician”.
The other one refers to him as the “Provider,” while the original requisition
uses the term “Submitter.”<span style="mso-spacerun: yes;"> </span>The original
requisition was not obtained through M at LHSC, although one would have thought
they would have saved a copy, since it was proof that the testing done in
Toronto was legitimately authorized and not simply pushed through.<span style="mso-spacerun: yes;"> </span>There is no clinician named on that original
requisition order, nor a Doctor’s name to forward the results to. It all went
from Dr D back to Dr D after being carried out.<span style="mso-spacerun: yes;">
</span>The two lab reports are attached here.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
16. But I do know that the requisition with Dr D’s name on
it was scribbled on, after striking out the words Final AFB (a different test,
done locally) and inserting the word mycobacterium, whereas if it were going to
be tested for TB, then it would say TB – the title given on the back of the
form to identify the test required. I imagine TB had already been cancelled
out, because I didn’t have it. And so, someone came along and put<span style="mso-spacerun: yes;"> </span>“mycobacterium” on it, so it could be sent to
Toronto, without a new requisition having to be made out and having to have
someone take responsibility for adding on this extra testing, which I was not
informed was going to happen, nor why, preventing me from knowing what was
going on. So it wasn’t meant as this being a test for TB and “mycobacterium.”
It was a meant to be for a non-TB mycobacterium. so in those Item numbers where
this is discussed, eg Item 4 and Item 9 in the HPARB Notice.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
17. I have attached a blank general test requisition, of the
kind Dr D permitted to leave his department unchecked by him, including the
back of it. If you look, you can see where TB is listed, as being
mycobacterium. There is no category for non-TB mycobacterium, whether because
there is a different requisition form for it, or I don’t know why. I am not a
doctor and it is difficult for me to get answers from OLIS or any lab on these
matters because they only answer questions from doctors, they say, about
procedures. Or perhaps lawyers. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
18. To be accurate, the term non-TB mycobacterium probably
should have been put on the requisition at that point, and someone should have
signed it, or initialed it, instead of leaving it such a difficult-to-understand
document.<span style="mso-spacerun: yes;"> </span>It makes it difficult, too,
because people who access it and change it, etc, don’t put dates on it, or
initial it, so no one knows for sure where it was nor when, nor who. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
19. I understand the CPSO does not deal with administration,
but it does deal with rules about how doctors should act if they have custody
of a patient’s medical record or other important documents, and this is one of
them – and Dr D had the document in his office, for it to have been stamped
with his name. And it deals with ethical issues – issues of accountability.
That’s why I am asking.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
20. If Dr D was the only person who had access to that
requisition, and if he did not instruct his staff on how to deal with them (eg,
read the document and if there is anything unusual about it, such as if it is
an unsigned requisition, hold it for me, he could have said). Who signed the
original requisition? So whose responsibility is it if his staff did not know
how to deal with it? <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
21. The report referred to in Item 4 was the SUSPECT form,
by B. I don’t know how it got to MLHU. It got there, whether by Dr D or someone
else. That should have been caught, too. The name Mrs N, <span style="mso-spacerun: yes;"> </span>B’s boss, was on the list of witnesses to
interview, in the Application, but CPSO did not bother. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
22. TB WAS ruled out, by the way (Item 4 of your Notice says
it was NOT ruled out). This is the problem I have been telling you about, and
CPSO. I did not have TB. And then someone decided to send a requisition up to
Toronto so they could look into non-TB mycobacterium. I don’t think people who
have TB have to have their samples checked by LHSC lab, and MLHU lab and then by
Toronto’s genome lab. Someone went out of their way to have my culture sample
sent up to Toronto. But non-TB Mycobacterium is not on the Reportable Diseases
list of Public Health. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
23. The information you give in Item 9 has fragments of
truth bu in it essence is inaccurate. Non-TB Mycobacterium is not a reportable
disease. I can give you lists, but it’s not on them, because there are only
lists of reportable diseases, like TB, not of non-reportable ones. I gave that
information to the CPSO.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
24. A sample was taken from the bronchial lavage I had (and
signed a consent form that enabled them to do whatever research they wanted on
it.). I asked Dr D2 if I could sign the consent form and he said wait until you
are in the Procedure room. By the time I got there I was lying flat on my back
with my reading glasses safely tucked away. I signed under pressure! Uniformed
consent. I had not realized I would be tested in ways no other patient would
ordinarily be tested, not even recent immigrants who, according to their
profiles, probably came came from the major continents where their ancestors
were raised in mud huts and ate off the ground and thus were more susceptible
to the kind of diseases these doctors and staff were investigating me for, I
allege, so that they had a guinea pig they could test these poisonous drugs on.
<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
25.<span style="mso-spacerun: yes;"> </span>M makes it up as
she goes along, in her letter of response. She couldn’t find the requisition, she
didn’t know how things got from one place to another, and she says in Item 3, p
2, that the “culturing process has to be referred out<span style="mso-spacerun: yes;"> </span>by LHSC.”<span style="mso-spacerun: yes;">
</span>By L H S C – by the *hospital,* by magic, because no one fills out the
form and no one signs it. It is all automatic!<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
26. Generally, people start off this process that I went
through by having symptoms they go to a doctor for. I didn’t have symptoms that
could [not] be explained away. I already was short of breath due to emphysema,
and had a cough that went with it. Yet B of LHSC wrote on the form that I had
clinical symptoms of TB. <span style="mso-spacerun: yes;"> </span>People at LHSC
say different things about the process. M says, “<i>the reportable disease
notification was sent automatically to the Middlesex Health Unit as part of our
standard protocol (which adheres to legislation)</i>.”<span style="mso-spacerun: yes;"> </span>I am explaining again because I think it
takes hearing it more than once to sink in. She knew only a small part of what
this was about and the most important parts she got wrong anyway. Someone was
responsible. It didn’t happen “automatically.”<span style="mso-spacerun: yes;">
</span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
27. The College didn’t conduct an investigation prior to
making a Decision. In their first paragraph in their Analysis they quoted from
the CPSO’s rules on reporting and left it at that, stopping at the point of the
supposedly necessary TB SUSPECT report.<b> </b>Non-TB Mycobacterium is not a
reportable disease. I can give you lists, but it’s not on them, because there
are only lists of reportable diseases, like TB, not of non-reportable ones. I
gave that information to the CPSO but they must have presented it to you
incorrectly.<span style="mso-spacerun: yes;"> </span>That’s why this situation
was so unjust – I was subjected to this testing, which so many others do not
have to have done, even though from foreign countries where it is more known. I
was subjected to it, and people hid it from me, and hid the part they played in
allowing it to happen. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
28. The second paragraph of the CPSO Analysis <span style="mso-spacerun: yes;"> </span>focused on lab protocols, incomplete forms,
and health policies, for the most part irrelevant. The third and final
paragraph was completely false. Dr D was meant to be working under the
supervision of Dr C at the time this situation took place, and only to be given
tasks to do that he was capable of doing satisfactorily – or complaints would
be made, which I did, while he was still uder restrictions. <span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
29. The CPSO’s final Decision was that they would take no
action with respect to the complaint. Instead, they decided that my complaint
looked as though it was “frivolous, vexatious, made in bad faith, moot or
otherwise an abuse of process.” They don’t say which.<span style="color: black;">
<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="color: black;">30. My presence (in writing) and
complaints, may leave you feeling vexatious, or show how I was feeling, but
they are relevant in today’s health care system, and as far as I know, were not
an abuse of process, but if they were, were made in good faith. <span style="mso-spacerun: yes;"> </span>I put much work into this, provided extra
material for the ICRC, and kept the Board up to date on the lack of attention
by the CPSO to what is going on in hospital settings. <o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
31. Doctors or not, we all know from the coronavirus
pandemic that there is always some concern over patients who have symptoms and
who test negative, or those who test positive and yet are asymptomatic. I only
had one test and the doctor started talking about it as though I had bee
diagnosed with this non-TB mycobacterium. And then other residents would
mention it, as though I actually “had” it and had not simply had one
unconfirmed test result. No symptoms, did not fit the profile, no contacts.
Nothing! Just one test, and we don’t know whether protocols were carried out in
sending it to Toronto.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
32. I would like to get this matter dealt with, as it is
part of a larger whole. Each piece is complex enough, so doing them all
together would be impossible. I still have other people I believe need to be
questioned about this. It may seem frivolous to you now, or an abuse of
process, but these questions need to be asked of Dr D and others mentioned in
the application, so that when I file a complaint about another doctor, you will
know what has been covered. If D doesn’t respond to questions about his part in
this – such as about his job description – then no one will know whether he is
the one (along with Dr C) who should take responsibility and how the LHSC can
become more accountable in its hiring and supervision, with the cooperation of
the CPSO. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
33. I am attaching what appears to be the original requisition
*submitted* to PHO labs by Dr D, it states, complete with one part crossed (AFB
Final) out and the word Mycobacterium written in, with no signature nor date to
indicate whether it was Dr D who made the change or someone else.<span style="mso-spacerun: yes;"> </span>No reason for the test is given. Under
clinical symptoms, “respiratory symptoms” has again been listed, falsely. The
patient setting was given as ER – not true. Dr D is clearly listed as the
Submitter, although apparently, M may be right, No one person needs to be
identified as requesting the test, or authorizing it, as a health care provider
or custodian, it being a mysterious process at the best of times.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
34. And who does that leave as health care custodian in this
situation of documents coming to the lab and going out, if not Dr D, the one
who “submitted “ the requisition to have the test in Toronto, the test that
didn’t need to be done and that I was not informed about in advance! I have
attached the requisition, and a copy of a blank requisition, <span style="mso-spacerun: yes;"> </span>as well as a copy of the Fact sheet on Health
care providers, since this last item, the status of Dr D, as provider, was
mentioned in the responses of CPSO and HPARB to my complaint. <span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
35. In responding to HPARB’s decision, I would first say
that there were several errors and distortions in the CPSO’s investigation,
repeated in your response, to address each one in detail. I have already made
this case once to the CPSO, and your making a case against me, based on what
they claim I said and what they choose to believe, doesn’t do justice to my
request for a review. I realize this is how a Review by the Board is
undertaken, but it still doesn’t make sense. If PHARB is not analyzing the
original documents from my Complaint and seeing if they come up with the same
conclusion, instead of looking at CPSO’s interpretation of the Complaint, and
seeing what’s wrong with it, to what purpose is having a Review? <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
36. An excerpt taken from my request for review, in Item 13
of the Notice, is what the HPARB has decided to hold against me, as the essence
of what I am asking them to do and the reason for not proceeding with the
Review. However, going back to the original Complaint I made, which presumably
is what the CPSO used to base their investigation on, would be more
appropriate. See attachments.<span style="mso-spacerun: yes;"> </span>Here you
will find my concerns, the start of a description, and the names of two persons
who could offer more information. My concerns are not as you describe in Item
13, but this, from p 3 of my CPSO Complaint about Dr D and Dr C, which surely
the CPSO used as the basis for their interpretation of my Complaint? :<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
37. <span style="mso-spacerun: yes;"> </span><i><span style="mso-spacerun: yes;"> </span></i><span style="font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><span style="mso-spacerun: yes;"> </span></span><span style="font-family: "calibri" , sans-serif; font-size: 11.0pt;"><span style="mso-spacerun: yes;"> </span>1. Dr D was involved in submitting information
about me to MLHU in September or October 2018, that resulted in the Health Unit
screening me for Tuberculosis.<span style="mso-spacerun: yes;"> </span>After it
was discovered I did not have TB, the lung sample<span style="mso-spacerun: yes;"> </span>was sent to Toronto for further testing. I
question, first, the basis on which I was deemed to be suspect for having TB,
and the process by which the report was approved and sent to MLHU. Secondly,
did Dr D also approve the requisition for the lungsample sent to Toronto?<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "calibri" , sans-serif; font-size: 11.0pt;"><span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span>2.<span style="mso-spacerun: yes;">
</span>My concern is that Dr D wasn’t doing his job well, and that errors were
made in having my information submitted to MLHU. CPSO public information about
Dr D indicates that he may practise medicine only in a setting that is approved
by the Chair.<span style="mso-spacerun: yes;"> </span>Dr C <span style="mso-spacerun: yes;"> </span>is the Chair. I question whether he, too, was
not doing his job effectively.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "calibri" , sans-serif; font-size: 11.0pt;"><span style="mso-spacerun: yes;"> </span>3. It was the
responsibility of Dr D, and thus indirectly of Dr C, to ensure that the
documents sent (and received) to and from MLHU and other labs were valid and
completed with accuracy. This didn’t happen with the form that was submitted by
LHSC to MLHU, nor with other documents related to this situation.<span style="mso-spacerun: yes;"> </span>If Dr D's work was not to be trusted, why was
my health care entrusted to him, with no one overseeing it?<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
38.<span style="mso-spacerun: yes;"> </span>As I said above,
on its own, this case is not the entire story of what happened to me. This
entire situation, of Drs D and C, is connected to others including Dr M, LHSC,
who I have alleged mistreated me and manipulated me, with the compliance of staff
and doctors including Dr D2, LHSC) employee B, Drs D and C, Ms B MLHU, and
others; that said, if the participation of the various employees and physicians
wasn’t done out of compliance, then it had to be out of ignorance. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
39. On its own, one might see D’s actions as trivial, but
connected as they are to the wider issue, of the supposed chance occurance of a
patient being lied to, misrepresented, and dragged through the system to a
conclusion not out of her (my) informed consent, one can see that what they did
was essential to this effort by Dr M and colleagues to inveigle me into being
their research subject. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
40. In Item 15 of the HPARB’s Decision May /20, Dr D’s role
is referred to, that HPARB is saying means he was not involved in this
situation. But that is his title and address as it appears on his documents. He
does do clinical work, and practical research. He has Hospital privileges at
all the hosptals under LHSC. He may even have had something to do with speaking
with the referring doctor (Dr M) or Dr D2, about what lab testing did they want
done. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
41. No, there was no doctor/patient relationship between Dr D
and myself, as you suggest in Item 15 of the Notice. <span style="mso-spacerun: yes;"> </span>I am saying he was a hac – a health care
custodian. He had personal data on me (some of it incorrect) and he was the
person in that environment, of the clinical lab, not as academic, who sent and
received reports including requisitions, and perhaps even consulted on what
kinds of lab tests could be done. He wasn’t an administrator per se. \<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
42. <span style="mso-spacerun: yes;"> </span>Many
professionals in hospitals have numerous titles, sometimes, as heads of
Committees, and so on. Regardless of his title, whichever one it is, look at
the form, reports, lab requisitions and so on. All the ones to do with me have
his name on them. And the question is, regardless of whether he was away that
day (see Item 15 again) should he had been a little more careful of what was
happening with patients’ requisitions and lab results that had inaccurate
medical information on them. It surely was his job. And of course, it was Dr C
that was also at fault. I have included D’s CPSO profile as it was before it
was updated. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
43. Re Item 16. I am not talking about protocols in this
case. I gave the CPSO the background information to my complaint. How otherwise
would they have been able to comprehend what the issues were with Dr D. It
wasn’t just about him. Somebody or some persons were involved in manipulating
me from start to finish. If not that, then the professionals at LHSC are
incompetent. And yes, again, I have given you the information on the
limitations requested on Dr D on his file, before July 1. So while you are
correct in what you say, <i>“there is no persuasive information that the
Respondent’s licence is restricted due to competency issues,</i>” what you say
is not correct as far as this complaint is concerned. He has a different
profile now. The restrictions I was referring to were lifted. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
44. On June 28, 2019, I emailed my Complaint to CPSO about
Dr D and Dr C. <b><span style="mso-spacerun: yes;"> </span></b>It was not acknowledged
until Tuesday July 2, due to the long weekend. <span style="mso-spacerun: yes;"> </span>I submitted the application before I knew what
changes would be made to the restrictions on Dr D’s CPSO file but I had wanted
it to be there before the file was altered and so that the CPSO and others at
LHSC knew that this had happened while Dr C was supposed to be supervising him
and that my Complaint was submitted before that restriction came to an end. I
submitted my complaint before the restrcition was lifted. It is up to HPARB
when they decide to follow up on it.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
45. The damage had been done while Dr D was still under
supervision, despite what HPARB believe about there not being restrictions due
to his ability. He may have been competent within himself, but the question is,
was he capable of overseeing incoming and outgoing documents (or even
authorizing requisitions) whose existence and careless use might well have dire
consequences for someone caught up in the incompetence or manipulative
behaviour of others. Lacking experience, he might have been a risk being in
that position. <span style="mso-spacerun: yes;"> </span><b><o:p></o:p></b></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Thank you for taking the time to examine my response to your
Notice Not to Proceed with Review. The Decision made by the board about my case
against Dr D was inadequate, and was also unreasonable. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Susan McPherson<span style="mso-spacerun: yes;"> </span><o:p></o:p><br />
<span style="mso-spacerun: yes;"><br /></span>
<span style="mso-spacerun: yes;">17 Attachments follow</span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
</div>
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-59756600522316576382019-09-14T09:11:00.001-04:002019-09-14T10:28:37.462-04:00Introduction to CPSO-HPARB Reconsideration Request<br />
<div class="MsoNormal">
Following is an Introduction, now on my website, <i><span style="font-family: "georgia" , "times new roman" , serif;"><b><a href="http://www.accountabilityinhealthcare.homestead.com/"><span style="color: #a64d79;">Accountability in Health care: ethics in aging</span></a></b>,</span></i> to the Reconsideration Request that I
submitted earlier that month (August, 2019) to the HPARB Board, which had
declined my Request for another look into how a case I had taken to them was
handled by them. The formal Request was not an investigation into the case
itself, only into how the appeal and review board – HPARB - handled it. The
case originally had been investigated by the CPSO. My Request was declined. The
original <span style="color: red;"><b><a href="http://www.accountabilityinhealthcare.homestead.com/CPSO-HPARBReconsiderationRequest.html"><span style="color: #a64d79;">CPSO-HPARB Reconsideration Request</span></a> </b></span>of Aug 13, 2019 is located on my
website; please follow links. <o:p></o:p></div>
<div class="MsoNormal">
<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="MsoNormal">
<b>Introduction to CPSO-HPARB Reconsideration Request<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-tab-count: 8;"> </span>by
Sue McPherson August 29, 2019<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
For the purpose of this introduction and my Request to HPARB
that follows, the <em><span style="background: white; color: black; font-style: normal;">College of Physicians and Surgeons of Ontario,
known as the CPSO, is responsible for </span></em><span style="background: white; color: black;">setting requirements for standards
of practice and professionalism for doctors. T<em><span style="font-style: normal;">he
</span></em></span>Health Professions <em><span style="background: white; color: black; font-style: normal;">Appeal and Review Board, known
as the HPARB, closely related to the CPSO, is supposedly responsible for </span></em><span style="background: white; color: black;">setting
requirements for standards of practice and professionalism for doctors, and</span>
conducting complaint reviews of complaints that have gone through the CPSO’s
complaint system, and also registration reviews of doctors. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
The text of a Reconsideration Request – names removed -<span style="mso-spacerun: yes;"> </span>that I wrote follows this introduction. I
submitted it to HPARB (Health Professions <em><span style="background: white; color: black; font-style: normal;">Appeal and Review
Board), on Aug 13, 2019. The Request I submitted was a result of their Decision
of July 24, 2019 to take no further action on the College of Physicians and
Surgeons (CPSO) Committee’s Decision of October 5, 2018. I had laid a Complaint
in 2018 against a family doctor I had been going to. I have had difficulty
gaining access to a doctor I could depend on, actually every since I came back
to London. First one, then the next, treated me badly. It could be for
different reasons, not always the same. But I am an older woman, alone here,
and am virtually unknown, having graduated from Western but not had a career or
relationships that might have granted me some credibility and status in the
community. </span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">This family doctor who has been the subject
of this complaint with the CPSO, and the Reconsideration Requestion, knew
almost from the start that there had been some troubling incidents happen regarding
the specialist I had gone to for an appointment in late 2016. The specialist
did treat me unfairly, no matter what the final Decision is on the subject, my
case with the HRTO (Human Rights Tribunal of Ontario). And when I asked
questions of his staff, they turned on me, blaming me for being rude to them
and telling me if I wanted health care with the specialist I would have to
apologize, otherwise I would have to go to Toronto for treatment. I hadn’t been
rude, and didn’t apologize. But it made no difference. The specialist wrote up
a report of the appointment repeating what his girls in the office had told
him. And then a couple of months later wrote up another one, so now there were
two. Reports don’t simply disappear when they are written up for Health Records
at the local hospital. So trying to find a reasonable, understanding, family
doctor has been a nightmare, and Dr G, the subject of this Complaint to the
CPSO, is part of that nightmare. Oh, yes, and soon after that I laid a
complaint against the specialist who had treated me so badly, and his staff,
and others, with the Human Rights Tribunal of Ontario (HRTO), in November 2017,
a year after it happened.<span style="mso-spacerun: yes;"> </span></span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">The situation with Dr G, the family doctor,
has evolved, going through the steps, each no better than the last as far as
receiving just attention and consideration of my experience with him. I
submitted my complaint on June 27, 2017. First – not first but the first main
decision on the matter - after a period of lengthy, time-consuming errors and
time-wasting on the part of the caseworker/investigator assigned to the case,
came the Decision by the CPSO’s Committee on October 5, 2018, which stated, in
part:</span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-family: "calibri" , sans-serif;">“the
Committee is satified that the Respondent provided excellent care in the
circumstances. We commend him for the accuracy and level of detail with which
he documented his care of the Complainant. Disposition: For the reasons set out
above, the Committee takes no further action on this complaint”</span></em><em><span style="background: white; color: black; font-style: normal;">
(ICRC [Inquiries, Complaints and Reports Committee] Decision, Oct 5, 2018,
CPSO. Toronto). Notice how the CPSO emphasizes the “</span></em><em><span style="background: white; color: black; font-family: "calibri" , sans-serif;">accuracy and level of detail</span></em><em><span style="background: white; color: black; font-style: normal;">”
of his notes, documenting his care of me. That’s because the doctor has
credibility and I apparently don’t, in their eyes, or if I do, then they are
trying to destroy that.</span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">Credibility has nothing to do with telling
the truth. It has everything to do with being believed, or having people take
your side whether or not you are believed, which is called loyalty. Instead of
saying “loyalty,” say the reason you are supporting what a person does or says
is “credibility” and you will be more likely to be believed, and so will the
person to whom you may only be being blindly loyal. See </span></em>Presumed
Innocence in politics and health care, on my Blog, Sue’s Views on the News. Feb
6, 2018. <span style="color: #555555;"><span style="mso-spacerun: yes;"> <b> </b></span></span><b><a href="http://suemcpherson.blogspot.ca/2018/02/presumed-innocence.html"><span style="color: #a64d79;">http://suemcpherson.blogspot.ca/2018/02/presumed-innocence.html</span></a><span style="color: #741b47;"> </span></b><span style="color: #555555;">.<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">And since I didn’t have a career, I must
either have been stupid or a drug addict, in the eyes of some, or perhaps they
simply want people to believe that, and not that I was married to a man who
didn’t want me to work and insisted that I stay home and had a family. Many of
us knew little about the world back then. Some of us didn’t realize the harm
that would do, staying home and taking care of the family to avoid family
arguments.</span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">After the CPSO ICRC (the Committee) handed
down their Decision, I applied to the HPARB for a Review of the CPSO’s
Decision. The CPSO was meant to submit all documents I had sent them and which
passed between her and myself and the respondent, including one controversial
one, submitted to me by the caseworker, Ms V, asking me to sign off on a
Summary she had written of my original letter of complaint and return it by
private mail (not CPSO envelope) to her. I didn’t as it did not accurately
reflect what I saw as a good Summary, and I also thought that if I did, the
brief description might be used against me, leaving out important parts. I di,
however, waste much sffort in trying to rewrite her Summary, but ending up with
a slightly shorter version of my original letter and her Summary combined, that
I had been presssured into writing, unecessarily, and which she accepted. More
about that later. </span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">Once the HPARB became involved, I received
a phone call stating that the process had been expedited, receiving a package
of information on Dec<span style="mso-spacerun: yes;"> </span>24, 2018, which
apparently was the same information the CPSO had used to make its Decision, now
handed over to the HPARB so they could analyze it – and to me, so I could too,
for the first time.<span style="mso-spacerun: yes;"> </span>I was denied it
before, even though I wrote several letters to CPSO officials about it. And of
course, it was not complete, and there were errors. And I did not have time to
delve into it in great detail at the time. By this time I was dealing with
problems with my respirologist and with the HRTO case over Dr A, the
specialist, which had<span style="mso-spacerun: yes;"> </span>rescheduled their
Summary Hearing for Dec 7, 2018, instead of Nov 7, leaving me little time to prepare
for each of these events - the case conference with the HPARB on Feb 7, 2019,
and the Review also by teleconference with them on April 3. A meeting I had had
with my respirologist on Jan 7, 2019 didn’t go well and it was only a matter of
time before I decided I could nnot have him as my respirologist any longer.
None of this will make much sense to readers; however my point is there was a
lot going on and a lack of information as well as obstacles were being placed
in my way. </span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">By the time all that was over, I had
received a Decision about the complaint I had made about the specialist to the
HRTO (on March 5, 2019) to which I responded with a Request for Reconsideration
on March 28. In due course, on July 24, 2019, the HPARB responded, on the matter
of the Complaint I made against Dr G with the CPSO. I did also receive
acknowledgment from the HRTO of the Request for Reconsideration that I had sent
them. That HRTO case, against the specialist and his staff, is closely related
to the CPSO complaint I made against the family doctor on June 27, 2017, who
had sent away for all specialists’ reports on the first day and soon let me
know that he believed him – what he had said in his reports of that appointment
and about his female staff and others. There was no way this patient-doctor
relationship could work out well.<span style="mso-spacerun: yes;"> </span></span></em><em><span style="background: white; font-style: normal;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">Returning to the Decision against Dr G, the
HPARB Board wrote that the Committee (of the CPSO) had “</span></em><em><span style="background: white; color: black; font-family: "calibri" , sans-serif;">investigated the Complaint and
decided to take no further action”</span></em><i><span style="background: white; color: black; font-family: "calibri" , sans-serif;"> (Item 11,
HPARB Decision, July 24, 2019).</span></i><i><span style="font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><o:p></o:p></span></i></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
It further stated, “<i><span style="font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">Accordingly, the Board (HPARB) finds the Committee’s decision to
take no action on this aspect of the Applicant’s complaint to be reasonable</span></i>”
(Item 38, HPARB Decision July 24, 2019. CanLII 67524). <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
That is when I wrote the Reconsideration Request of the
Decision made by HPARB and submitted it on August 13, 2019. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-style: normal;">The decision made by adjudicator Bonnie Goldberg,
on Aug 19, 2019, on my Reconsideration Request from HPARB was as follows:</span></em><em><span style="background: white; color: black; font-family: "calibri" , sans-serif;"> </span></em><em><span style="background: white; font-family: "calibri" , sans-serif;"><o:p></o:p></span></em></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<em><span style="background: white; color: black; font-family: "calibri" , sans-serif; font-style: normal;">“</span></em><i><span style="background: white; color: black; font-family: "calibri" , sans-serif;">11. While the Applicant has provided
the reasons as to why she believes the Board failed to properly consider
adequacy of the investigation and the reasonableness of the decision, I</span></i><i><span style="color: black; font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><br />
<span style="background: white;">am not persuaded that the reasons advanced by
the Applicant warrant reconsideration of the Board’s decision.</span><br />
<span style="background: white;">12. Accordingly, the Board’s decision of July
24, 2019 will not be reconsidered” </span></span></i><span style="background: white; color: black;">(Items 11 and 12. Decision, Aug 19, 2019, HPARB, Toronto).</span><span style="color: black;"><o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
The Board of the HPARB isn’t required to give a reason why
they will not reconsider a Request for Reconsideration, according to Practice
guidelines. And although the Rules state that the Board will make corrections
of errors and missing documents, none of the ones I mentioned in my Request for
Reconsideration were acted upon. It only took adjudicator Bonnie Goldberg 6
days to examine my 19-page Request, and she was new to it, not being present
for the Review – not being a member of the original panel of Board members.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
In Rule <span style="color: black;">16.5
of the Rules for the HPARB, it states,</span><span style="color: black; font-family: "arial" , sans-serif; font-size: 10.5pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal">
<i><span style="color: black; font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">“The Board, on its own motion or at the request of a party to the proceeding,
may reconsider any decision made by it and may confirm, amend, or revoke it.
The Board may do so if it considers it advisable to do so.</span></i><span style="color: black; font-family: "arial" , sans-serif;">” (p. 30, </span><span style="color: black;">Power to Reconsider a decision of the Board. Consolidated
Rules of Practice and Procedure, HPARB and HSARB. </span><a href="http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf">http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf</a><u><span style="color: blue;"> </span></u><span style="color: black;">).</span><span style="color: black; font-family: "arial" , sans-serif;"><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="color: black;">One may wonder why someone who was
not part of the original Board was invited in to place judgement on me – on my
Reconsideration Request. But there are other rules that cover that kind of
situation, described in “</span><span style="color: red;">Powers of the Board”</span><span style="color: black;">. See General Rules, Rule 2,<span style="mso-spacerun: yes;"> </span>Application of rules; and Powers of the
Board, 2.1<span style="mso-spacerun: yes;"> </span>-<span style="mso-spacerun: yes;"> </span>2.8.<span style="mso-spacerun: yes;">
</span>pp 7-8. Consolidated Rules of Practice and Procedure, HPARB and
HSARB.<span style="mso-spacerun: yes;"> </span></span><a href="http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf">http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf</a><u><span style="color: blue;"><o:p></o:p></span></u></div>
<div class="MsoNormal">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">Moreover,
in the HPARB and HSARB Consolidated Rules of Practice and Procedure, under
Corrections, it is stated,<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal" style="mso-margin-bottom-alt: auto;">
<i><span style="color: black; font-family: "calibri" , sans-serif; mso-ascii-theme-font: minor-latin; mso-bidi-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">“After
rendering a decision or order, the Board may at any time correct a
typographical error, an error of calculation, an error of omission, or any
other similar error in its decision without prior notice to the parties. The
Board shall notify the parties of its correction to the decision or order </span></i><span style="color: black;">(16.4, p 30-31. Rule 16 – Decisions, Corrections,
Consolidated Rules of Practice and Procedure, HPARB and HSARB. </span><a href="http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf">http://www.hparb.on.ca/english/docs/directions/2013%20HPARB%20&%20HSARB%20-%20Consolidated%20Rules%20of%20Practice%20and%20Procedure%20-%20EN.pdf</a><span style="color: black; font-family: "arial" , sans-serif; font-size: 9.0pt;"><o:p></o:p></span></div>
<div class="MsoNormal">
Yet in the Reconsideration Request sent to the HPARB, I
included several instances of errors and omissions from material submitted to
the CPSO, hence that also went to the HPARB from the caseworker/investigator.
And that’s just the minor part of my Request. The legal aspect of it is about
the idea of “error of law” based on the matter of Medical Records being seen as
legal documents, even though there may be errors. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
My next step should be to appeal the case to Divisional
Court, but this is another new area for me, and one that would take even more
physical effort and energy that is sometimes lacking. The filing of documents
and attending the court room sessions is not something I would look forward to
or maybe not be able to do well enough, especially when it is obvious justice
has not been done if anyone took the time to read what I have written. Why
would they believe what I say, or what I show them, when the authorities in
this situation have not done that yet themselves? I can write and explain all
that happened, but they aren’t listening. And they don’t have to. There’s
nothing or no one to make them, and nothing within themselves to enable that to
happen. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Click here to go to the <a href="http://www.accountabilityinhealthcare.homestead.com/CPSO-HPARBReconsiderationRequest.html"><span style="color: #a64d79;"><b>CPSO-HPARB Reconsideration Request</b></span></a></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com1tag:blogger.com,1999:blog-19557752.post-50990558178402359392019-07-18T22:46:00.001-04:002019-07-18T22:59:06.268-04:00The CBC and Trump's tweets about 4 black women<div class="MsoNormal">
In the CBC article, ‘EU president takes shot at Trump's “unacceptable”
tweets after Trudeau meeting’, the original tweets made by President Trump
become entwined in news articles with stories of the chants of “Send her back”
by his supporters at a Trump rally a day or so later.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
At the same time as accusations were being made against
Trump, Donald Tusk - President of the European Council, after meeting with Trudeau
in Montreal, himself tweeted about being glad not to be met with a’ Send him
back’ chant by his audience.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
These are just incidents aside from the main one, the tweets
sent out by Trump on July 14 which some took to be racist, and others only “unacceptable”.
<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
But why his tweets should be considered to be something more
than unacceptable, in terms of being racist, or him being racist, is unclear. The
idea of freedom of speech was mentioned by some commenters in the Comments
Section of the CBC news article online. No one had a clear idea, it seems, of
what the tweets actually consisted of, only that, for many commenters, they
were racist. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Eventually, I posted the contents of the tweets by Donald
Trump in a comment, and lo and behold, they were not put under moderation soon
to be disabled. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Nowhere, however, are the actaul remarks made by these 4
black women in Donald Trump’s Congress, on the Conservative side, available.
And no article I have read on this or seen on tv news programs, mentions what
it was that Trump was responding to, what sorts of troubles the female “squad”
was probing into, and were questioning, that led to such words from Trump.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
I wanted to know what brought this on, because I have been
involved in my own situation where at least some non-white doctors who must
have been from foreign cultures, had caused me trouble at a local hospital,
dragging me into a situation that never should have happened, whereby I was tested
for something I never had, and then tested again, in a way I know foreigners
coming here as refugees and immigrants are never tested, unless obviously ill. Speaking
as I did against these doctors – some of them – got comments I made deleted, as
though I had no credibility and could not possibly be telling the truth. And although
I took my complaint - part of it – to the
College of Physicians and Surgeons, the response I got from them was that I was
not telling the truth (or could have been that they knew I was telling the
truth but that one does not say things like that about doctors from foreign
countries, even though they had been shirking their duty and allowing incorrect
information to pass by them, affecting the way I would be treated at the next
step.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
No one commenting or responding to comments on the news article
comments Section online knew or spoke of what the actual tweets were, from
Trump, and yet most seemed to have already made their minds up and for the most
part were against Trump. Quite a few were against me. Are we not allowed to
speak truths against people from other cultures, and are we not allowed to
mention their colour when relevant, as a means of identifying who they are? I
have been stopped midsentence while speaking to someone at the hospital who supposedly
had some knowledge of ethics, but I didn’t get a sense that he had much. Just
say the person was black and one gets accused of racism, just as a black person
accusing a white person of racism would get the undivided attention of people
like Trudeau, and probably a lot more at the local hospital. <o:p></o:p></div>
<div class="MsoNormal">
The CBC has been called too politically-correct by some
readers, but I don’t know what it is about them, and the moderators who look after
the Comments Sections of various news articles. But quite a few of my comments
were getting moderated and then deleted. How could this be, when so many people
say such terrible things about someone who is President of the United States?
How is it they are allowed to be so disrespectful towards him, and so
intolerant and not believing he may have had a reason to say the things he
said. He was judged by people who didn’t have the full story. And I was being
judged also, by CBC, and by the CPSO, and probably by the LHSC, to whom I have
also submitted a complaint. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
In 3 separate but connected tweets on July 14, Trump wrote the following: <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal" style="background: white;">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Donald J. Trump</span></b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Verified
account@</span><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381395078000643"><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 7.5pt;">Jul 14</span></a><span style="border: 1pt none; font-family: "arial" , sans-serif; font-size: 10.5pt; padding: 0in; text-transform: uppercase;"><o:p></o:p></span></div>
<div class="MsoNormal">
<span lang="EN" style="font-family: "arial" , sans-serif; font-size: 10.5pt;">So interesting to see “Progressive” Democrat
Congresswomen, who originally came from countries whose governments are a
complete and total catastrophe, the worst, most corrupt and inept anywhere in
the world (if they even have a functioning government at all), now loudly......<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "arial" , sans-serif; font-size: 10.5pt;">5:27 AM – 14 Jul 2019<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Donald J. Trump</span></b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Verified
account@</span><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381395078000643"><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 7.5pt;">Jul 14</span></a><span style="font-family: "arial" , sans-serif; font-size: 10.5pt;"><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "arial" , sans-serif; font-size: 10.5pt;">....and viciously telling the people of the United States, the greatest
and most powerful Nation on earth, how our government is to be run. Why don’t
they go back and help fix the totally broken and crime infested places from
which they came. Then come back and show us how....<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Donald J. Trump</span></b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">Verified
account@</span><b><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 10.5pt;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381396994723841"><span style="color: #00a0cd; font-family: "arial" , sans-serif; font-size: 7.5pt;">Jul 14</span></a><span style="font-family: "arial" , sans-serif; font-size: 10.5pt;"><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "arial" , sans-serif; font-size: 10.5pt;">....it is done. These places need your help badly, you can’t leave fast
enough. I’m sure that Nancy Pelosi would be very happy to quickly work out free
travel arrangements!<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
No doubt that the tweets were harsh.
But were they racist?<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
I saved copies of comments made by
individuals in the Comments Section of the article about the EU Council
President and PM Trudeau, which I shall refer to below without naming them but including
them anonymously, and deleting any words or ideas that might betray their
identity. Although they are written for
a public forum, the usual practice is for them to be deleted or stored so practically inaccessible from the page the article is on, or anywhere. Mine will have my
name on them.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
H <o:p></o:p></div>
<div class="MsoNormal">
Reply to W<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
She is allowed to
speak her mind. Called democracy.<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
Sue McPherson <u><span style="color: red; text-transform: uppercase;">CONTENT
DISABLED<o:p></o:p></span></u></div>
<div class="MsoNormal" style="background: white;">
Reply to H:<br />
Trump didn't say, Send her back, or Send them back. He said if they didn't like
America they could always go back where they came from /Now this EU guy Tusk is
saying Yup, that's what Trump said - Send her back. these distortions of truth
have to stop.<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
<br />
Sue McPherson <o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
Now Trump is getting known for apparently saying "Send them
back" when what he said was, if the black members of his cabinet did not
like America, they can always go back home. This distortion of truth is being
carried on into tv and and even this news article by the CBC, as though it is
truth.<br />
<br />
Canadians aren't really such great people, and Donald Tusk doesn't know that,
although it has nothing to do with suggesting that if people don't like it here
they can always go back to where they and their ancestors came from. I don't
know why he would even raise that issue here in Canada. He has no idea what
goes on here.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">L <o:p></o:p></span></div>
<div class="MsoNormal">
Reply to Sue McPherson: <o:p></o:p></div>
<div class="MsoNormal">
he said they're from "broken, crime infested
countries" and they should go back there. Was he talking about their homes
in America?<br />
<br />
(He was absolutely NOT talking about members of his own cabinet!!!)<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson 35 minutes ago <span style="text-transform: uppercase;">AWAITING
MODERATION<o:p></o:p></span></div>
<div class="MsoNormal">
Reply to L:<br />
He said that if they didn't like America they could always go back to their
broken crime-infested countries and fix them.<br />
<br />
What was the racist part of what he said? Was it because he called their
poverty-ridden countries broken, or crime-infested? Or was it because he
suggested they could go back if they didn't like it here. that's not the same
as saying Send them back! Send them bacK!<br />
<br />
Do you think Trymp is racist, or that his remarks were? Explain your position.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">H </span>Reply to Sue McPherson: Are you
Canadian? If not, please be quiet. If so, please explain "what goes on
here".<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson <span style="color: red;"> <span style="text-transform: uppercase;">CONTENT
DISABLED</span></span><span style="text-transform: uppercase;"><o:p></o:p></span></div>
<div class="MsoNormal">
Reply to H:<br />
I live in London, Ontario, We are inundated with doctors from Africa and India,
in which contagious diseases are rampant, and they're not being checked
thoroughly on the way in for TB or other related diseases. Maybe the US doesn't
have that problem, It's something Trump doesn't mention, re asylum seekers from
the south.<br />
<br />
I run into people too, at the hospital - doctors - who seem to have the same
attitude that these 4 women from the Trumps cabinet have. They are given so
much that they seem to develop a kind of arrogance about their position,
wanting more.<br />
<br />
I see people - white women, and Canadians, supporting those poor harassed
members of cabinet - the equivalent of Christina Freeland whose buddy Trudeau
got her a job in foreign affairs. she loves dealing with poor, oppresses, rich
girls from abroad, not so much with the ebola crisis or anything that goes on
here.<br />
<br />
I am fed up with foreigners from abroad - usually wealthy - being treated with
more respect than people here and bringing their cultural values with them, of
attitudes towards older, unmarried females in Canada. And then we read the
distortions of Trump's words, from what he said to "Send them back"
which were not his words.<br />
<br />
I have put in a complaint to the CPSO about 2 microbiologists at LHSC, which
they seem very reluctant to deal with. I have also sent a compliant about D------ and C---------- to LHSC. How they can allow these people to continue
when they have made these errors and not do anything about correcting them, and
how the respirologist I had could simply refuse (also from a different cultural
background) I do not know. What I do know is no one is analyzing what these 4
women have been critical of, in America. It is all blamed on Trump.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">M <o:p></o:p></span></div>
<div class="MsoNormal">
Reply to Sue McPherson: You should go back and
visit exactly what trump said. You are completely off-base. BTW, please explain
"what goes on" here? You don't sound very patriotic of loyal.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson
<o:p></o:p></div>
<div class="MsoNormal">
Reply to M<br />
I have just finished explaining to H but well you know what. my comment is not
there.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson <o:p></o:p></div>
<div class="MsoNormal">
Reply to H:<br />
My response to you was not published. I have had problems with the health care
system here, see my blog sue's views on the news. They are treated me very
badly, trying to silence me. Canada - London - is not a nice place.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
Sue McPherson <span style="color: red; text-transform: uppercase;">CONTENT
DISABLED<o:p></o:p></span></div>
<div class="MsoNormal">
Reply to H<br />
I live in London, Ontario, We are inundated with doctors from Africa and India,
in which contagious diseases are rampant, and they're not being checked
thoroughly on the way in for TB or other related diseases. This is fact - see
your public health unit for more info. Maybe the US doesn't have that problem,
It's something Trump doesn't mention, re asylum seekers from the south.<br />
<br />
I run into people too, at the hospital – doctors – who seem to have the same
attitude that these 4 women from the Trumps cabinet have. They are given so
much that they seem to develop a kind of arrogance about their position,
wanting more.<br />
<br />
I see people – white women, and Canadians, supporting those poor harassed
members of cabinet – the equivalent of Christina Freeland whose buddy Trudeau
got her a job in foreign affairs.<br />
<br />
I am concerned about these foreigners from abroad – usually wealthy – being
treated with more respect than people here and bringing their cultural values
with them, of attitudes towards older, unmarried females in Canada. And then we
read the distortions of Trump's words, from what he said to “Send them back”
which were not his words. I like foreign people, but not these.<br />
<br />
I have put in a complaint to the CPSO about 2 microbiologists at LHSC, which
they seem very reluctant to deal with. I have also sent a compliant about D-----t
and C---------i to LHSC. How can they allow these people to continue when they
have made these errors and not do anything about correcting them, the
respirologist too (also from a different cultural background). No one is
analyzing what these 4 women have been critical of, in America. It is all
blamed on Trump.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">G </span><o:p></o:p></div>
<div class="MsoNormal">
Reply to Sue McPherson: <o:p></o:p></div>
<div class="MsoNormal">
Yes I remember your many complaints about the way
you were treated, your escape to England, and despise for men.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson
<span style="color: red; text-transform: uppercase;">CONTENT DISABLED<o:p></o:p></span></div>
<div class="MsoNormal">
Reply to G<br />
So, another one, You get to speak untruths and distortions, and my truth - my
voice - is silenced, even here on CBC my posts are disabled. I was harassed
then and I am now. but I know now that I was not to blame. I wrote a piece
about a prof who behaved in sexualized ways in the classroom, in order to
understand it. It is now published online Maybe that was part of it. He
probably got used to women performing for him and doing as he pleased.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">T <o:p></o:p></span></div>
<div class="MsoNormal">
Reply to Sue McPherson: <o:p></o:p></div>
<div class="MsoNormal">
Total BS. The meaning of the words in the tweets
sre clear and anyone can plainly see that Trump was enjoying the chant while at
his rally.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson<o:p></o:p></div>
<div class="MsoNormal">
Reply to T:<br />
I'm glad you think what Trump said originally was clear. Please post them. I am
doing all the talking here despite most of my comments not getting p[ublished.
Perhaps I will place them on my blog. How would that be,.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Sue McPherson <span style="color: red; text-transform: uppercase;">CONTENT
DISABLED<o:p></o:p></span></div>
<div class="MsoNormal">
Reply to L<br />
last comment disabled, See my blog sue's views on the news.<br />
for now, please say, Didn't Trump say,.<br />
If the girls don't like living in Mercia they can always leave or should leave
or can leave. That's not racist. It's a bit nasty but no nastier than these
moderators disabling my comments.<br />
!!@Q!@@<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal" style="background: white;">
H<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
Reply to @Sue
McPherson:<br />
One would have to have a recording, but you're right, even if one does he is not
all that articulate to be positive about it. LOL<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
Sue McPherson <o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
Reply to H<br />
Saying, if you don't like it here why don't you leave is a phrase that foreign
people like to promote as a sign of racism, just as they keep saying that
people don't like the colour of their skin. It's not the colour that matters,
but it is an indication that they may have cultural values different from ours,
and as I have learned, being a white, older, woman lacking wealth, spouse and
family nearby, it is an opportunity for them to try to take advantage of me. I
am fighting that, but without support, it is difficult. See my blog Sue's Views
on the News, I shall try to post more. <span style="text-transform: uppercase;"><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA; text-transform: uppercase;">J<o:p></o:p></span></div>
<div class="MsoNormal">
Reply to @Sue McPherson:<o:p></o:p></div>
<div class="MsoNormal">
Trump insists he tried to quiet the chants ... by
remaining completely silent and basking in the hateful chorus. His tweets were
even worse.<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
Sue McPherson <o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
Reply to J<br />
Yes, a lot of people in this city have done that to me, too - keeping quiet
while my life is being destroyed. In this case, Trump was picked on first, by
the media, as usual, after the original tweet. It is not nice to say that to
children of immigrants, but it doesn't mean he is a racist for saying that. And
the question remains, why don't we get to hear what the women were saying about
America?<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal">
END of comments I am not pleased to see my comments deleted,
when I put effort into them. In the end, they will be deleted, whether after a
month or a year, but it is not as though any of us was privileged journalists
who get to write not such great articles sometimes but still get something for doing
it. I have unknown persona judging my comments and deleting them at will. At
the CPSO and HRTO I often have unknown administration clerks judging the worth
of my complaints and deeming them admissable, or not. As for the LHSC, there
are very few people there I have respect for any more. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Placing this near the end, for your convenience, readers:<o:p></o:p></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
<span style="border: 1pt none windowtext; padding: 0in; text-transform: uppercase;">Donald
Trump’s tweets July 14, 2019<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white;">
<br /></div>
<div class="MsoNormal" style="background: white;">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; text-decoration-line: none;">Donald J. Trump</span></b><span style="color: #00a0cd;">Verified account@</span><b><span style="color: #00a0cd; text-decoration-line: none;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381395078000643"><span style="color: #00a0cd;">Jul 14</span></a><span style="border: 1pt none windowtext; padding: 0in; text-transform: uppercase;"><o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span lang="EN">So interesting to
see “Progressive” Democrat Congresswomen, who originally came from countries
whose governments are a complete and total catastrophe, the worst, most corrupt
and inept anywhere in the world (if they even have a functioning government at
all), now loudly......<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
5:27 AM – 14 Jul 2019<o:p></o:p></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; text-decoration-line: none;">Donald J. Trump</span></b><span style="color: #00a0cd;">Verified account@</span><b><span style="color: #00a0cd; text-decoration-line: none;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381395078000643"><span style="color: #00a0cd;">Jul 14</span></a><o:p></o:p></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
....and viciously telling the people of
the United States, the greatest and most powerful Nation on earth, how our
government is to be run. Why don’t they go back and help fix the totally broken
and crime infested places from which they came. Then come back and show us
how....<o:p></o:p></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<a href="https://twitter.com/realDonaldTrump"><b><span style="color: #00a0cd; text-decoration-line: none;">Donald J. Trump</span></b><span style="color: #00a0cd;">Verified account@</span><b><span style="color: #00a0cd; text-decoration-line: none;">realDonaldTrump</span></b></a><a href="https://twitter.com/realDonaldTrump/status/1150381396994723841"><span style="color: #00a0cd;">Jul 14</span></a><o:p></o:p></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
....it is done. These places need your
help badly, you can’t leave fast enough. I’m sure that Nancy Pelosi would be
very happy to quickly work out free travel arrangements!<o:p></o:p></div>
<div class="MsoNormal" style="margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<a href="https://twitter.com/realdonaldtrump/status/1150381394234941448"><span style="color: #00a0cd;">https://twitter.com/realdonaldtrump/status/1150381394234941448</span></a><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
References<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
EU president takes shot at Trump's 'unacceptable' tweets
after Trudeau meeting.<o:p></o:p></div>
<div class="MsoNormal">
by John Paul Tasker<o:p></o:p></div>
<div class="MsoNormal">
CBC News. July 18, 2019<o:p></o:p></div>
<div class="MsoNormal">
<a href="https://www.cbc.ca/news/politics/eu-president-trump-trudeau-meeting-1.5216559" target="_blank">https://www.cbc.ca/news/politics/eu-president-trump-trudeau-meeting-1.5216559#</a><o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Donald Trump’s tweets<o:p></o:p></div>
<div class="MsoNormal">
@DonaldTrump<o:p></o:p></div>
<div class="MsoNormal">
The real Donald Trump Twitter account <o:p></o:p></div>
<div class="MsoNormal">
<a href="https://twitter.com/realdonaldtrump/status/1150381394234941448"><span style="color: #00a0cd;">https://twitter.com/realdonaldtrump/status/1150381394234941448</span></a><u><span style="color: #00a0cd;"><o:p></o:p></span></u></div>
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">July 14, 2019</span>Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-44190405615821059432019-03-30T14:37:00.001-04:002019-08-30T15:54:19.233-04:00HRTO Request for Reconsideration in case on discrimination by age and sex<br />
<div class="MsoNormal">
“<i style="mso-bidi-font-style: normal;">The purpose of the
summary hearing is to determine whether the applicant is able to point to any
information which tends to support her belief that she has experienced
discrimination under the Code. The question that the Tribunal must decide is
whether there is likely to be any evidence that may reasonably be available to
the applicant to connect the allegedly unfair treatment with the Code’s
protections” </i>(Para [7], Decision, Summary Hearing, Mr B, March 5, 2019. File
number:<span style="mso-spacerun: yes;"> </span>2017-30245-I).<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">Recently, on March
5, 2019, a Decision was made about an application I had submitted to HRTO
(Human Rights Tribunal of Ontario) about a doctor and staff of LHSC, on
November 6, 2017, </span><span style="font-family: "times new roman" , serif; font-size: 12pt;">on the
grounds of age, sex, and marital and family status, </span>following a Summary Hearing held on December 7, 2018. There was
much in the Decision I did not agree with, so I delivered a Request for Reconsideration
of the Decision to the HRTO and to counsel for the respondents, including the LHSC
(London Health Sciences Centre), on March 28, 2019. I had experienced many
problems with the procedures of the HRTO, for which there are rules, and the actual
process my case went through. The reasons I give below, for requesting a Reconsideration,
will shed some light on those matters of great concern to me, and perhaps will
be to others, too.<br />
<br />
I have included access to some audio recordings, See Paragraphs 27 and 40. Recently I placed an addition piece on a new website I started, called <a href="http://www.accountabilityinhealthcare.homestead.com/" target="_blank">Accountability in Health Care: ethics and aging</a>. See<br />
CPSO/HPARB Reconsideration Request:<br />
<a href="http://www.accountabilityinhealthcare.homestead.com/CPSO-HPARBReconsiderationRequest.html"><span style="font-size: x-small;"> <span style="background-color: white; font-family: "georgia" , "times" , serif;">http://www.AccountabilityinHealthCare.homestead.com/CPSO-HPARBReconsiderationRequest.html </span></span></a><br />
<br />
<br /></div>
<div class="MsoNormal">
<span style="font-size: 11.5pt; line-height: 107%; mso-bidi-font-weight: bold;">The Decision of March 5, 2019, states, <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-size: 11.5pt; line-height: 107%; mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="line-height: 107%;">“<i style="mso-bidi-font-style: normal;">the Application must be dismissed
on the basis that it has no reasonable prospect of success under the Code. Even
if I accept all of the facts alleged by the applicant as true, the applicant
has not been able to point to any evidence in her possession or that may be
reasonably be available to her that support her claims of discrimination beyond
her own speculation, suspicions or beliefs</i>”</span><span style="line-height: 107%;"> (Para [3], Introduction, Decision,
Summary Hearing, March 5, 2019, HRTO 388 (CanLII).<span style="font-size: 11.5pt;"><o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="font-size: 11.5pt; line-height: 107%; mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="line-height: 107%;">My responses to that Decision are in </span><span style="mso-bidi-font-weight: bold;">my responses to Questions 3 and 4 of the SJTO Form 20E Request for Reconsideration,
stating why I am making the request and what what remedy I am seeking. <span style="mso-spacerun: yes;"> </span>I also submitted 25 documents (pieces of
evidence and facts) with the form.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">The names of the
respondents and others in this document, originally sent with identifying names
on March 28, 2019 as a Request for Reconsideration of the Decision of the
Summary Hearing, March 5, 2019, to HRTO and counsel for the respondents, have
been removed. <o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<b>3.<span style="mso-spacerun: yes;"> </span>Please provide
detailed reasons and representations in support your Request.</b><span style="mso-bidi-font-weight: bold;"><o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[1]<span style="mso-spacerun: yes;"> </span>I am making this request for reconsideration
on the basis of:<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">1.<span style="mso-spacerun: yes;"> </span>new facts and evidence that could potentially
be determinative of the case that could not reasonably have been obtained
earlier mainly because I had not realized that the adjudicator would be
unfamiliar with the concept of being old and how it differs from being disabled,
and how the concept of medical decision differs from making a spontaneous
(arbitrary) comment about a patient’s medical condition that was ageist and
discriminatory. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">2.<span style="mso-spacerun: yes;"> </span>my application, which did not go through the
normal Tribunal procedure by which it would have been sent by the Tribunal to
the respondents, who would then have replied according to Rule 8 of the Rules
of Procedure; then, at the appropriate time, both parties would submit the
documents they would be relying on at the Tribunal, according to Rule 16. This
resulted in the Decision made on March 5, 2019 being in conflict with Tribunal
procedure as many documents that I had listed under Questions 16 and 17 of the
Application were never submitted to the HRTO, resulting in the Decision of
March 5, 2019, being made on only part of the evidence I had submitted, and my
not being able to access documents held by the respondents. Some pieces I
submitted, but not all. Moreover, further submissions, after the summary
hearing was announced, were discouraged. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[2] The evidence and
facts I would ordinarily be depending on at a Tribunal hearing is essential for
my case, to prove that I was discriminated against. It also is a matter of
general importance, that through using case law and/or other forms of evidence,
such problems of systemic ageism as well as the subtle and not-so-subtle forms
of discrimination committed against older people could be made available for
older people, especially older women, to read about. But if that means that people
are expected to speak out in favour of improving the HRTO system, or
emphasizing ageism within the health care system, one has to consider that most
people are not in a position to speak out. In fact, some of the very people
within the health care system now are not free to speak out.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[3] The attachments
and/or titles of documents are in the test, in bold print; most will be
included in support of this request; see list at end. If any additional
documents from the list I provided are needed to be see, please contact me,
Susan McPherson.<o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<b>4] Not all Documents listed in Application were submitted
as evidence<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">In Para [7] of his
Case Assessment Direction on May 16, 2018, Mr B states that “<i style="mso-bidi-font-style: normal;">the parties are not expected to submit
documents for the summary hearing. Instead,</i>” he wrote, “t<i style="mso-bidi-font-style: normal;">he Tribunal will make its decision based on
the materials already filed by the parties and on their submissions at the
summary hearing.</i>” In Para [14] of the CAD, Mr B explains further, “<i style="mso-bidi-font-style: normal;">The Tribunal</i>” (meaning the adjudicator
Mr B) “<i style="mso-bidi-font-style: normal;">discourages the parties from
submitting any additional documents in advance of the summary hearing,” but
then adds, “if the parties do wish to refer to any additional documents at the
summmary hearing, they must deliver them to the Tribunal and each other</i>.” <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[5] In effect, what
this does is discourage the applicant from submitting all the documents on the
list from Question 16 of the Application, unless they are prepared to refer to
them in a 1½ hour hearing – on the phone, when the case is complicated to the
extent that there are at least 7 respondents, as well as the hospital
organization. It would not be possible to address each of the 34 documents.
Furthermore, in the process, this new process, the list of documents from
Question 17 of the Application has been disregarded completely. This would have
been the documents that the respondents themselves would provide to me, the
applicant, except this step got left out entirely, just as other steps were.
Thus, documents I would be relying on, as evidence, have not so much as been
acknowledged by Mr B. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[6] In Para [16] of
the CAD, Mr B states that the respondents have been sent a copy of the
Application and additional materials provided by the applicant since the
filing. The respondents were not required to file Responses (2018 May 16, <b>CAD,
B).</b> I requested a list of the documents the respondents received, and
clarification on other matters, but received no acknowledgment from HRTO. See
attachment (<b>2018 June 14 re B CAD May 16). </b>I did not know for sure what
documents the adjudicator Mr B had in front of him at the summary hearing, and
there was little communication between him, the case worker, and myself
beforehand, despite my attempts to have knowledge shared. I have submitted a
number of documents from the list under Question 16 in my Application, but
there are others I have not.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[7] To summarize,
the documents Mr B worked from, for the summary hearing and his Decision dated
March 5, 2019, was not the complete set of 34 documents as listed by me under
Question 16 in the Application, nor did they include the documents listed under
Question 17, due to steps in the procedure </span>being bypassed, a
flaw in the process by which the Decision is in conflict with established
jurisprudence and Tribunal procedure
(Request for Reconsideration, Rule 26.5, Rules of Procedure, HRTO). </div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<b>[8] Misunderstandings in preparation for the summary
hearing<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">In Para [11] of the
CAD, May 16, 2018, Mr B states that “<i style="mso-bidi-font-style: normal;">the
applicant must be able to point to evidence that could establish discrimination
on the facts of her own case</i>.” Also, in the Decision, he states in a
similar manner, “<i style="mso-bidi-font-style: normal;">The purpose of the
summary hearing is to determine whether the applicant is able to point to any
information which tends to support her belief that she has experienced
discrimination under the Code.</i>” <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[9] Explaining what
evidence I expect to be able to point to is not the same as explaining the
evidence in detail. Yet that is what I was expected to do for adjudicator Mr B at
the Teleconference on Dec 7 – go into detail at a moment’s notice about pieces
of evidence I expected to be able to draw upon at a Tribunal. Mr B uses the
phrase, “<i style="mso-bidi-font-style: normal;">the applicant must be able to
point to evidence</i>” (Para [11]), which to me means I should be able to point
to it generally, not explain each item I have listed, in detail, during a 1½ hour
session of a summary hearing even though I was required to do 95% of the
talking, responding to specific questions from Mr B. <span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<b>[10]<span style="mso-spacerun: yes;"> </span>1. The
Decision of March 5, 2019, in conflict with established Tribunal procedure, not
counting the Rules that give the adjudicator the power to change the rules at
will. Also, as demonstrated by the differences in meaning and interpretation of
instructions and evidence, between the adjudicator and the respondents on the
one hand and the applicant on the other, in a situation in which a single
adjudicator has most of the power, reconsideration would be of public interest.<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[11] There is a
general path that applicants and respondents are required to adhere to, for the
HRTO, which in the current case indicates that the Decision of March 5 was in
conflict with Tribunal procedure by not following procedure, which led to a
disadvantage for myself, the applicant. One person – the adjudicator – holding the
power to alter procedural rules, and to impose changes and elaborate on his own
speculations on a case is not in the best interests of the public who attempt
to seek justice through the HRTO Tribunal. On the basis of these, I wish to
request a reconsideration.<o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<b>[12] 2. New evidence that could not reasonably have been
obtained earlier, due to Item 1. and for other reasons - for instance,
regarding the issue of comments made (clinical decisions?) by Dr A being
discriminatory on the grounds of age, combined with the unfamiliarity of the
adjudicator with matters of ageism and discrimination on that basis nor on the
basis of sex, and marital and family status. </b><span style="mso-bidi-font-weight: bold;"><o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[13] Reconsideration
in this case is necessary in part due to vital steps being left out of the
process and the negative consequences of that to my case not being taken into
consideration.<span style="mso-spacerun: yes;"> </span>Furthermore, not all the
evidence I prepared having had a reasonable opportunity to be presented to the
HRTO, and to a Tribunal familiar with the issues of discrimination on the
grounds mentioned, has been a disadvantage.<span style="mso-spacerun: yes;">
</span>Since the subject matter is primarily ageism and the consequent
discriminatory acts that can result from that, reconsideration would be of
public importance.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[14]<span style="mso-spacerun: yes;"> </span>Due to the path my particular application has
taken (dated November 6, 2017), first of all by my having been sent a Notice of
Intent to Dismiss (NOID) the following month, my application didn’t go through
the usual sequence of events that would have resulted in the Respondents
replying to my allegations (according to Rule 8 of Rules of Procedure), then
some time later, both them and myself, the applicant, submitting documents
under Rule 16 to all parties and to the Tribunal. That never happened. The
respondents didn’t respond. The time never came to submit the documents I had listed
under Questions 16 and 17 of the Application. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[15] The NOID went
on to draw forth first of all a response, then a Case Assessment Direction
(CAD, January 10, 2018) from adjudicator Mr M, calling for a more explicit
explanation of the connections between the allegations I made under the Code
and the evidence I was relying on. On January 29, 2018, I responded to the CAD
from Mr M, then another Case Assessment Direction came from Mr B on May 16,
2018, calling for a Summary Hearing to determine whether my case had a
reasonable chance of succeeding based on the evidence and the links I could
make to the Code. Although this was in one sense repeating what I had already
done for Mr M, further insights did arise after reading the Decision made by Mr
B dated March 5, 2019.<o:p></o:p></span></div>
<div class="MsoNormal">
<b><br /></b></div>
<div class="MsoNormal">
<b>[16] Evidence that could not reasonably have been
obtained earlier<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">Mr B wrote in </span>his
Case Assessment Direction that his Decision would be based on materials already
filed as well as on their submissions at the hearing, (see Para [7], CAD, May
16, 2018). However, he was not taking into account the missing steps in the
process that my application took. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
[17] I have facts and evidence that could potentially be
determinative of the case (listed under Question 16 of my application) but
could not reasonably have distributed them all to the respondents and the HRTO
due to the shortcuts that were taken.<span style="mso-spacerun: yes;"> </span><span style="mso-bidi-font-weight: bold;">Nor did I gain access to the documents I requested
under Question 17 of my application to be obtained from the respondents. I have
included these lists together, here, in (<b>2017 Nov Q 16 &17 Doc List in
Application),</b> and request that they be accepted for Reconsideration of the
Decision made by Mr B, as evidence and facts to which I am pointing, some of
which have not been made available yet to the HRTO due to some steps being
bypassed.<o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
[18] I am requesting that I be permitted to submit documents
for reconsideration that are on the list (or in fact, all that remain, at some
point) but not previously submitted due to changes in the procedure of my case,
to support arguments I am making in response to Mr B’s. <span style="mso-bidi-font-weight: bold;">I will submit the list of 34 documents and audio recordings, and the
other 13 documents I do not have but requested to receive from the respondents.
See (<b>2017 Nov Q 16 &17 Doc List in Application). </b>The 34<sup>th</sup>
entry on the first list was made later, plus an additional audio recording,
after I submitted the application, when I submitted the Form 10 requesting that
Mr H be added to the list of applicants, on January 5, 2018. The respondents
and the HRTO received a copy of those at the time. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<b>[19] Important Documents submitted, not confirmed<o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">At the
Teleconference Summary Hearing on December 7, 2018, Mr B commented on not
seeing some documents that I mentioned in front of him, so I then submitted a
number of documents I thought he should see, if he hadn’t already, to him and
to the respondents on December 10. I received no confirmation from HRTO, and
although Mr B did make a reference to them in his Decision, in Para </span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[12]. He
did not mention them by name or supply a list of documents received, but simply
stated. “I considered these documents in reaching my decision.” He did not put
forward an argument, just pointed to them. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[20] Two of these
documents are vital to my case, being reports of the second appointment
(November 8, 2016) with Dr A, one report made on November 30, 2016, the second
dated February 1, 2017. Mr B had been unfamiliar with them, presumably. Had the
reports not existed, my future attempts to find a family doctor might not have
been so hazardous, and I might have been able to accept the offer made by Dr P
on August 21, 2018, to have the full diagnostic testing done at the hospital.
As it stands this situation remains unresolved. Mr B did not mention these
reports in the Decision, despite their significance. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[21] The reports,
expressing how Dr A understood what had happened between myself and his staff,
and his interpretation of what happened at the appointment, is essential in
having an adjudicator understand the crux of the matter, which is the matter of
the low blood pressure incident, his offer of part of a complete diagnostic
test, and the behaviour he and his staff accused me of, followed by the report
describing the appointment. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;"><br /></span></div>
<div class="MsoNormal">
<span style="mso-bidi-font-weight: bold;">[22] I could go
through the reports in detail at this time, including showing the emails I have
from the staff at the hospital (and at this time referring to the emails I
requested from the respondents themselves, under Question 17 in the
application, as well as emails between staff members securely gained through
LHSC </span>FIPPA), but I
believed that at the summary hearing I was expected only to point to them, and
to the recordings of phone calls, confirming that the links between that
evidence, and the Code is something that is definitive proof that will support
my case, being additions to the circumstanital evidence I can provide. Once again, there is a discrepancy between
what I as originally asked to do at the summary hearing (by teleconference) and
what I ended up having to try to do, on the spot. This contributed towards the
Decision being inaccurate in its analysis and conclusions, contrary to
established jurisprudence of the Tribunal, to administer justice.</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<b><span style="color: black;">[23] Misunderstood Facts: Para [16]
of the Decision, claiming I had low blood pressure</span><o:p></o:p></b></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;">In Para [16] of the Decision of March 5,
2019, the adjudicator states, <o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;">“<i style="mso-bidi-font-style: normal;">The
applicant provided an audio recording of the clinical visit with Dr. A in
question. She claims that she described feeling giddy when standing up, and she
asked whether this was a middle ear problem. The applicant suggests that Dr. A
made assumptions about her health based on her age (in particular that he
assumed she had low blood pressure because she was older), and in particular
assumed that such low blood pressure was the cause of her symptoms, ignoring
her suggestion that it may be due to some other cause. Her interpretation of
the discussion is that Dr. A was telling her that her symptoms were because of
a health issue he assumed she had because she was old</i>” (Para [16] Decision,
Mr B, March 5, 2019.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;"><br /></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;">[24] There are several possible
misunderstandings of the facts in Para [16], starting with the piece in
brackets, “<i style="mso-bidi-font-style: normal;">(in particular that he assumed
she had low blood pressure because she was older)</i>,” which could be mistaken
as meaning that it was a fact that I had low blood pressure, the reason being I
was older. I know what he meant, but it wasn’t altogether clear what he meant
to say. I wish to emphasize that I did not have low blood pressure. If he had
stated, “<i style="mso-bidi-font-style: normal;">because she was older, he
assumed she had low blood pressure,</i>” the meaning would have been
clearer.<span style="mso-spacerun: yes;"> </span>The words used by Mr B could
sound as though I <i style="mso-bidi-font-style: normal;">had</i> low blood
pressure at the time, which I did not. Evidence and other facts will follow. <o:p></o:p></span></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;">[25]<span style="mso-spacerun: yes;">
</span>At the end of Para [16], Mr B states, “<i style="mso-bidi-font-style: normal;">Her interpretation of the discussion is that Dr. A was telling her that her symptoms were because of a health issue he
assumed she had because she was old</i><span style="mso-bookmark: _Hlk4277834;">.”
Once again, Mr B’s language is used in a manner that allows his sentence to be
taken two ways. His words could mean that I did have the health issue, - low
blood pressure - and that Dr A assumed I had it because I was old. Mr B is
mistaken in thinking I would interpret the discussion that way, about what Dr A
said about low blood pressure. Mr B makes it sound as though I did have low
blood pressure, and that Dr A realized I was old and thought I must have it,
which was not the way it was. As I have said, I didn’t have low blood pressure.
<o:p></o:p></span></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bidi-font-weight: bold;"><span style="mso-bookmark: _Hlk4277834;"><br /></span></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><span style="mso-bidi-font-weight: bold;">[26]
Mr B was speculating on what I was thinking. But the subject had been one
symptom only, not symptoms. Dr A attempted to lay blame for that particular
symptom that I was having on age, adding that it was only going to get worse
(as I got older, presumably). But I didn’t have that condition.<span style="mso-spacerun: yes;"> </span>I didn’t have low blood pressure.<span style="mso-spacerun: yes;"> </span>And that is ageist, for Dr A to assume I did.
When Dr A continued on to offer me one part of a multiple VNG test, he
discriminated against me, treating me differently than he would other patients
to whom he would offer the complete series. See (</span></span></span><span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><b><span style="line-height: 107%;">2018 Jan 29 VNG Inquiry Form 12</span></b><span style="mso-bidi-font-weight: bold;">) for requested inquiry into this matter.<o:p></o:p></span></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><span style="mso-bidi-font-weight: bold;"><br /></span></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><b>[27] Tapes and transcripts – the November
8, 2016 appointment<o:p></o:p></b></span></span></div>
<div class="MsoNormal">
<span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><span style="mso-bidi-font-weight: bold;">The
two, brief recordings from the appointment on November 8, 2016, are of the
discussion Dr A and myself had about low blood pressure and vertigo, and the
offer of a partial test. In an email dated December 10, 2018, I submitted among
other things to the HRTO and respondents transcripts of the two audio
recordings, one recording being 90 seconds long, the other 28 secs. See (</span></span></span><span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><b style="mso-bidi-font-weight: normal;"><span style="color: black; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">2018 Dec 10 Transcripts of brief 2016 A
tapes). </span></b></span></span><span style="mso-bookmark: _Hlk4277262;"><span style="mso-bookmark: _Hlk4277834;"><span style="color: black; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">Having these to follow while listening
to the tapes, can make the recordings easier to hear and the evidence easier to
understand. See mp3 audio recordings (<b style="color: black;">2016
Nov8 A 90secs)</b> and (<b style="color: black;">2016 Nov8 A 28
secs</b>), or follow link to <a href="http://samcpherson.homestead.com/Evidence.html" target="_blank"><span style="color: #cc0000;">Evidence</span></a>.</span></span></span><br />
<br />
[28] Following is evidence that I did not
have low blood pressure, some of it new, some of it in documents that were not
readily available to HRTO or the respondents because of steps missed in the
HRTO regular process, and some because Mr B has made false assumptions, or used
grammatically poor sentences in his explanation.<span style="mso-spacerun: yes;"> </span><br />
<b><br /></b>
<b>[29] Evidence of not having low blood pressure</b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">Dr A made comments to me at the appointment on November 8, 2016, that
indicated he thought he thought I had low blood pressure and that it was the
cause of the symptom I mentioned to him while it was happening, of feeling
motion continuing to go forward when I stood up. One piece of evidence in my
List of Documents in response to Question 16 in the Nov 6/17 Application form I
submitted is the report from the first appointment with Dr A, and with his
resident at the time, Dr G. See attachment (<b>10 2015 June 1 A-1, -2, and -3)</b>,
which was the report</span><span style="font-family: "times new roman" , serif;">
by G/A written afterwards. On page 1 it is clearly stated that I have
hypertension (high blood pressure) and mentions the two blood pressure medications
I was taking at the time.<span style="mso-spacerun: yes;"> </span>I offer that report
as new facts and evidence that could potentially be determinative of the case
and that could not reasonably have been obtained earlier by Mr B, due to my
case being sent along a different path due to the Notice of Intent to Dismiss
and subsequent Case Assessment Directions that bypassed the time for sending
them to respondents and HRTO.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">[30] Dr A
presumably had access to the report from our first appointment, but he chose to
override that report of my medical history and suggest to me that it was low
blood pressure that caused me to, in his words, feel dizzy after he had raised
his examination chair to an upright position at the appointment on November 8,
2016. Mr B was critical of me in his Decision, in Para [15] on page 6, stating
that “<i style="mso-bidi-font-style: normal;">the primary allegations appear to
be based on the fact that the applicant disagreed with Dr A’s diagnosis, and
disagreed with his recommendations for testing.</i>” (It is important to
acknowledge that I also disagreed with his reports of the appointment of
November 8, 2016, as they also are primary to the problem of discrimination on
the grounds of age, gender, and marital and family status.) <o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif;">[31] Not a Diagnosis or a decision – rather, a spur of
the moment comment<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">In Para [19]
of the Decision, Mr B refers also to Dr A’s advice about low blood pressure to
me, who said at the appointment, “<i style="mso-bidi-font-style: normal;">that
will get worse with time. It’s not going to get any better</i>.” Mr B argued
that “<i style="mso-bidi-font-style: normal;">A physician taking into account
risk factors generally medically associated with age, or gender, any other Code
ground, is not arbitrary or discriminatory. To the contrary</i>” he wrote, “<i style="mso-bidi-font-style: normal;">taking such factors into consideration is
part of a proper diagnostic process</i>.”<span style="mso-spacerun: yes;">
</span><o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">[32] A “<i style="mso-bidi-font-style: normal;">proper diagnostic process</i>”?<span style="mso-spacerun: yes;"> </span>Dr A did not go through any process of making
a diagnosis. He decided to blame the symptom I explained I was having, in his
appointment room, on low blood pressure rather than have to provide me with any
treatment of vertigo, or a related condition. He didn’t take my blood pressure,
nor look to see what medications I was taking, or read what was in his report
or notes from my previous appointment.<span style="mso-spacerun: yes;">
</span>Furthermore, Dr A was not taking into account “risk factors,” he was
making low blood pressure the only possible reason for the symptom I
experienced while in his treatment room. I didn’t have low blood pressure, so
how could it get worse?<o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif;">[33] Facts on Ms McPherson’s blood pressure<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">But even
setting that evidence against Dr A aside, I was under the impression I did not
have low blood pressure, as I had been diagnosed with high blood pressure
several years previously, and my blood pressure <o:p></o:p></span></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">at the time
was reasonably stable. I didn’t disagree with Dr A for the sake of disagreeing
but because Dr A was placing blame on a condition I didn’t have while ignoring
my symptoms of vertigo even while I was trying to explain one of the symptoms
as it was happening right there in his office. <o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif;">[34] Samples of blood pressure monitoring at home<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">New facts I am requesting to place under reconsideration are samples from
how I have generally kept track of my blood pressure readings. I have no pages
from that time period, in November, 2016, but am including two other pages, one
page from 2008 when I was first diagnosed, and one from 2017, to demonstrate
that my blood pressure was generally high. When my blood pressure readings
start to change, I usually do notice. But they were stable at that time. See
attachments (<b style="mso-bidi-font-weight: normal;">Blood Pressure reading-1
and -2)</b>.<o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif;">[35] Evidence about blood pressure<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">Mr B may not
even have had access to the report of the June 1, 2015 appointment with Dr A
when he wrote the Decision, although it was among those in the List of
Documents from Question 16 of the Application Form. I am requesting that this
piece of evidence, the report of the June 1, 2015 appointment, and my reasons
for drawing attention to it now, as well as others that are relevant, be part
of this request for reconsideration. See (<b style="mso-bidi-font-weight: normal;">2015
June 1 A-1, -2, and -3).<o:p></o:p></b></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[36] Also, I request that a copy of (<b style="mso-bidi-font-weight: normal;">2016 Nov 8 appt A symptoms)</b>, also in the List of Document under
Question 16 in the Application form I submitted,<span style="mso-spacerun: yes;"> </span>be included in the reconsideration. It was
handwritten, and I intended to read from it, to Dr A, at the appointment we
had, but I decided instead to hand him the list, and he took a quick look and
handed it back, not seeming to take them seriously. <o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[37] Two articles about low
blood pressure<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif;">Another two
new pieces of evidence I request permission to include are excerpts from
internet articles on Low Blood Pressure, including the special case of </span><span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">orthostatic hypotension, as a
means of providing information on the subject to the respondents and
adjudicators not familiar with it. I could not reasonably have these items of
evidence available sooner as the lack of interaction between the respondents
and myself, through Rule 8, prohibited me from seeing the necessity of it, for
the adjudicator or anyone unfamiliar with these health issues of interest to
the investigation, as discovered in Para [16] of the Decision. See attachments
(</span><b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif;">Low
blood pressure [hypotension]) </span></b><span style="font-family: "times new roman" , serif;">and
(<b style="mso-bidi-font-weight: normal;">Understanding Low Blood Pressure).<o:p></o:p></b></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[38] <span style="mso-spacerun: yes;"> </span>The fact that Dr A decided
to give his opinion on what was causing that particular symptom, with no
checking of my health report nor taking my blood pressure at the time, nor
considering other possibilities, has reinforced my belief that he was discriminating
against me, using my age against me, treating me differently than others,
stereotyping me, trying to convince me my symptoms were due to age-related low
blood pressure. This evidence upholds my allegations that I was discriminated
against on the grounds of age.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[39] Form 12 Inquiry request
for statistics about VNG testing<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">The Inquiry that I requested through a Form 12, submitted to the HRTO on
January 29, 2018, that remains unacknowledged, would add to the evidence
available. I submitted it before my application had been formally accepted and
begun to be processed. My application had not been sent out to the respondents.
As far as I knew they had not been officially contacted and asked for their
preferred method of contact, and my response was for the most part meant to be
a response to the Notice of Intent to Dismiss, so the documents and audio
recordings that I submitted were sent to the HRTO only. See attachment (<b style="mso-bidi-font-weight: normal;">2018 Jan 29 1220 email to HRTO) </b>for
list of documents sent, including my response to the Case Assessment Direction
from Mr M and the Form 12 inquiry request to find statistics on Dr A’s
diagnostic treatment of older patients, particularly female. This is the list
only. I shall include the Form 12 Inquiry in attachment (<b style="mso-bidi-font-weight: normal;">2018 Jan 29 VNG Inquiry Form 12)</b>. Both reports written by Dr A
about the November, 2016 appointment were on the list and submitted, as well as
emails from Ms L and my response, sent now in case they did not get to Mr B, as
they explain how I could get to have the full VNG testing after all. See<b style="mso-bidi-font-weight: normal;"> (2016 Nov 28 am Ms L)</b> and responses. I
believe Mr <o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[40] B has seen the (<b style="mso-bidi-font-weight: normal;">2018 Jan 5
Form 10 Mr H)</b>, including the audio recording of our conversation about
getting access to secure emails, contains my request to have his name added to
the list of respondents.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span><a href="http://samcpherson.homestead.com/Evidence.html" style="font-family: "times new roman", serif; letter-spacing: -0.266667px;" target="_blank"><span style="color: red;">Listen to Evidence - mp3 audio recording of this conversation</span></a></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[41] The Form 12 that I requested held the possibility of evidence that
would demonstrate the ways Dr A used to alot treatment to his patients, whether
on the basis of age and gender, treating older women differently than other
patients, in the kinds and quality of diagnostic testing that could be of
benefit to them, and would be valuable in contributing to circumstantial
evidence to prove my case. <o:p></o:p></span></div>
<div class="Default">
<br /></div>
<div class="Default">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">[42]<span style="mso-spacerun: yes;"> </span>Medical Decision: Moshi:<span style="mso-spacerun: yes;"> </span>Ageing = Disability<o:p></o:p></span></b></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">In Para [10] of the Decision, Mr B refers to Para [43] in the case of
Moshi v </span><span style="font-family: "times new roman" , serif;">Ontario
(Ministry of Community Safety & Correctional Services), in which the
applicant has a disability for which he has been given treatment while at a
correctional facility. It is stated: <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">“<i style="mso-bidi-font-style: normal;">An applicant cannot
establish that a physician, for example, discriminated against him or her
merely by showing that the doctor made a clinical decision based on the
applicant’s disability, which clinical decision turned out to be
disadvantageous for the applicant. Doctors may make sound clinical
decisions that end up compromising their patient’s health, for some
reason. They can also make mistakes that have adverse medical
consequences for their patients. However, neither of these situations
constitutes discriminatory treatment under the <span style="mso-bidi-font-style: italic;">Code</span>. As the respondent points out, a physician’s clinical
decisions are necessarily based on his or her patient’s disability and, in that
sense, may be said to be ‘linked to disability’. However, the existence
of this kind of link is not indicative of discrimination. In order to
establish that a physician, for example, has discriminated against someone
‘because of’ disability, an applicant would have to establish that there some
was arbitrariness in the manner the physician treated him because of his
disability</i>” (Para [43], </span><span style="letter-spacing: -.2pt;">Moshi v </span>Ontario
(Ministry of Community Safety & Correctional Services), 2014 HRTO. 1044
(CanLII) <a href="http://canlii.ca/t/g83vb">http://canlii.ca/t/g83vb</a> ).<span style="background: white; color: black;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[43] However, this comparison is not able to be used in the
current case. Mr B has argued in Para [12] of his CAD of May 16, 2018 that the
Tribunal “<i style="mso-bidi-font-style: normal;">does not have jurisdiction to
review a physician’s clinical decisions based on whether they were medically
correct.</i>” He quotes the case of Moshi v Ontario, Para [43]. See attachment
(<b style="mso-bidi-font-weight: normal;">2014 Moshi excerpt para [43] [44]</b>).
Mr B argues that “<i style="mso-bidi-font-style: normal;">the applicant would
have to point to evidence that could establish that there was some
arbitrariness in the manner the physician treated the claimant because of her
sex, family status, marital status and/or age</i>”.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[44] Age being the main factor in the current case, I have
placed it first, and focused on the problems of comparing the Moshi case with
the current one on that basis – disability = being old. The specialist’s
clinical decisions in the current case were not or should not ordinarily have
been based on what Mr B uses as the comparison for disability, ie age. I was
not being treated by Dr A for the ‘medical condition’ of ‘age over 65’ nor was
the reason I attended the appointment because I was over 65. Being old is not
the same as having a disability. Having a disability depends on having certain
kinds of symptoms and although the treatment can vary, there is some stability
in the approach to the condition, even though mistakes can be made and
treatments vary for conditions of the disabled. Old people are not all the
same. Some have low blood pressure but not all, and not all at the same time,
some have broken legs, and some are healthy and mobile. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal">
<span style="background: white; color: black;">[45] I went to
see Dr A hoping to explain symptoms I had been having that I thought were
connected to his field of expertise. Instead, he took one look and decided my
symptoms were not to do with his area of medicine but were due to “ageing” or
‘the condition of being old.’And discrimination on the grounds of age is
protected under the Code.<span style="mso-spacerun: yes;"> </span>Whether he
believed that my symptom was due to age or was using age against me, so he
wouldn’t have to be bothered treating me, is something only he knows.<span style="mso-spacerun: yes;"> </span>Either way, he was ageist in jumping to the
conclusion that I had low blood pressure, which had nothing to do with what I
was there for, nor to do with my symptoms, and continued his ageism but
informing me that “</span><i style="mso-bidi-font-style: normal;"><span style="line-height: 107%;">that’ll get
worse in time. That’s not going to get any better,</span></i><span style="line-height: 107%;">”</span><span style="line-height: 107%;"> again,
suggesting that ageing will make it worse and I should learn to put up with it.
Not finished yet, Dr A’s ageism t</span><span style="line-height: 107%;">hen</span><span style="background: white; color: black;"> translated to the discriminatory practice of offering me only one part
of a VNG test at the hosptial’s VNG clinic.<span style="mso-spacerun: yes;">
</span><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal">
<span style="background: white; color: black;"><span style="mso-spacerun: yes;"><br /></span></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b style="mso-bidi-font-weight: normal;"><span style="background: white; color: black;">[46] Definitions of ‘Medical
Decision’<o:p></o:p></span></b></div>
<div class="MsoNormal">
I request that I be permitted to include an excerpt from the
article ‘What is a medical decision? A taxonomy based on physician statements
in hospital encounters: a qualitative study,’ together with evidence for the
reconsideration. The excerpt contains two definitions, <a href="https://www.blogger.com/null" name="_Hlk516544746">as
follows: </a><span style="mso-bookmark: _Hlk516544746;"><span style="line-height: 107%;"><o:p></o:p></span></span></div>
<span style="mso-bookmark: _Hlk516544746;"></span>
<br />
<div class="MsoNormal" style="background: white;">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">"<i style="mso-bidi-font-style: normal;">Attempts to define decisions have followed these function-specific
patterns. For example, Sackett<span style="mso-bidi-font-style: italic;">et al</span></i></span><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4762110/#R10" target="_blank"><i style="mso-bidi-font-style: normal;"><sup><span style="color: windowtext; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">10</span></sup></i></a><i style="mso-bidi-font-style: normal;"><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">define evidence-based decisions as ‘the integration
of best research evidence with clinical expertise and patient values’.</span></i><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">"<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white;">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">and<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">"<i style="mso-bidi-font-style: normal;">Braddock<span style="mso-bidi-font-style: italic;">et al</span></i></span><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4762110/#R12" target="_blank"><i style="mso-bidi-font-style: normal;"><sup><span style="color: windowtext; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">12</span></sup></i></a><i style="mso-bidi-font-style: normal;"><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">developed a descriptive definition of a medical
decision as ‘a verbal statement committing to a particular course of action’.
This definition is broad and includes actions leading to diagnostic tests,
prescriptions, referrals and instructions regarding diet and physical activity.
However, it does not capture decisions that influence the subsequent ‘courses
of action’, such as evaluations of findings and tests, and interpretations
concerning diagnosis, prognosis and aetiology, most likely because patient
involvement in such decisions is not considered relevant"</span></i><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;"> (</span>“What
is a medical decision? A taxonomy based on physician statements in hospital
encounters: a qualitative study” by <span style="background: white;">Eirik H
Ofstad et al. BMJ Open. </span><span class="cit">2016; 6(2): e010098. </span><span class="fm-vol-iss-date">Published online 2016 Feb 11. </span><span class="doi">doi: <</span><a href="https://dx.doi.org/10.1136%2Fbmjopen-2015-010098" target="pmc_ext">10.1136/bmjopen-2015-010098</a><span class="MsoHyperlink">></span><span class="doi"> ).<o:p></o:p></span></div>
<div class="MsoNormal">
<span class="doi"><br /></span></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">[47] From what we know of Dr A’s ‘clinical
decisions’ on my behalf, they must have been made on the spot because he had no
warning I was coming to him that day with these new symptoms - there are
virtually no acceptable ways of contacting such doctors. As the evidence shows,
he disregarded the report from the June 2015 appointment as well as other facts
and evidence that I did not have low blood pressure. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;"><br /></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[48] Mr B advises in Para [10] of his Decision that “<i style="mso-bidi-font-style: normal;">the applicant would have to point to
evidence that could establish that there was some arbitrariness in the manner
the physician treated the claimant because of her sex, family status, marital
status, and/or age”</i> (Decision, Mr B, March 5, 2019).<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[49] The definition of </span>arbitrary fits the evidence I
have presented about the incident involving low blood pressure:<o:p></o:p></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
“<i style="mso-bidi-font-style: normal;">The term arbitrary describes a course of action or a decision that is not based on reason or <o:p></o:p></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;">judgment but on personal will or
discretion without regard to rules or standards.<o:p></o:p></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;">An arbitrary decision is one made without regard for the facts and circumstances presented, and <o:p></o:p></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;">it connotes a disregard of
the evidence</i>”<o:p></o:p></div>
<div class="MsoNormal">
<span style="mso-spacerun: yes;"> </span>(< <a href="https://legal-dictionary.thefreedictionary.com/arbitrariness">https://legal-dictionary.thefreedictionary.com/arbitrariness</a><span class="MsoHyperlink">></span>).<span style="mso-spacerun: yes;"> </span>See
document ‘<b>Evidence<span style="mso-spacerun: yes;"> </span>- article: Medical
Decision’</b> submitted for reconsideration.<span style="color: black;"><o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[50] Dr A’s “clinical decision” could not even be considered
a clinical decision. I allege his “clinical decisions” on low blood pressure
and the partial diagnostic test were together a combined incident of
discrimination, one following from the first. The evidence I mentioned
previously demonstrates the doctor’s arbitrariness in both. The fact that he
treated me for being ‘old’ instead of considering whether it was vertigo or not
is evidence that he discriminated against me on the grounds of age.
Furthermore, because I am an older woman, my social status in society and worth
as a human being was being judged, by him, and his staff. What made it all
possible was that I was alone, without a husband or man in my life - or men, or
caring family to accompany me (and me to accompany them), providing mutual
support. I have explained this in detail, so it wasn’t simply a matter of being
single. Being an older woman is more acceptable if the woman behaves more as a
younger woman would. What’s problematic is aging – becoming old, and not being
part of a family in a family-oriented society. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[51] The
evidence I have submitted for reconsideration here and in the preceding pages
shows connections between the doctor’s view of the patient, me, as old, and his
revelation regarding the medical condition I had (as he stated, low blood
pressure), a condition more common among the old. These pieces of evidence and
facts demonstrate that there are strong links between his actions and the
grounds I have declared – age, sex, marital status and family status. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[52] </span><span style="mso-bidi-font-weight: bold;">Often, case law can be applied to difference
cases, but in this case, mine being about being old, and Moshi’s being about
being disabled, the main issue was that he was being treated for his
disability, in ways he did not agree with, and I was being treated by Dr A for
being old, as though being old is a health condition per se. Being old is not a
disease. It does not mean something is physically or mentally wrong with the
older person. Old people have health problems, sometimes acute, or chronic, but
being old or growing older, or being old, is not one of them.<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b style="mso-bidi-font-weight: normal;"><span style="color: black;">[53] Dr A’s two reports on the November 8,
2016 appointment<o:p></o:p></span></b></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">In Para
[29] of the Decision, Mr B mentions the first report (not a “<i style="mso-bidi-font-style: normal;">further report,</i>”), written by Dr A on
November 30, two weeks after the appointment. Mr B quotes from the report,
stating, “<i style="mso-bidi-font-style: normal;">This report further claimed
that the applicant had been belligerent, upset and rude with the clinic staff</i>”
then adding, “<i style="mso-bidi-font-style: normal;">the applicant disputed
these claims.</i>”<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[54] Mr B
also wrote in Para [25] of the Decision that in Dr A’s report, “<i style="mso-bidi-font-style: normal;">he indicated that the applicant was ‘quite
upset’ with the receptionist.</i>” I wrote about this in the Application Form,
seeing it at first as an incident of discrimination, later realizing it wasn’t.
Nothing happened. I corrected it in my response to Mr M’s CAD. When the
incident happened was when Dr A wrote his report and reported what his receptionist
had told him and blamed me for something I did not do. See attachment (<b style="mso-bidi-font-weight: normal;">Q 8 Item 2 R J waiting room)</b>. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[55] For
evidence to the contrary, about who abused who, refer to the emails and
recorded phone calls to me by Ms J and Ms L, when the case resumes, although it
may not be possible as time goes on to access the securely-gained emails from
the IT Dept at LHSC that were refused to me by Mr H, in his role as manager of
FIPPA. See mp3 recording <b style="mso-bidi-font-weight: normal;">(</b></span><b style="mso-bidi-font-weight: normal;">2017 Nov 14 H).<span style="mso-spacerun: yes;"> </span></b><span style="color: black;">In the same
report, written November 30, Dr A acknowledges receiving the late referral from
Dr P, that I had requested from the walk-in doctor after not receiving proper
attention to my symptoms from Dr A, thinking it was because that helath issue
had not been included in the original referral.<span style="mso-spacerun: yes;">
</span>See (</span><b style="mso-bidi-font-weight: normal;">2016 Nov 8 A 2017 Nov
30)</b>. <o:p></o:p></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal">
<span style="color: black;">[56] Later, on February 1, Dr A
wrote a revised report on the same appointment, leaving out that particular
nasty comment that he made in the first report, but also not acknowledging the
referral from Dr P that he had mentioned in the first, instead making the claim
that he had “<i style="mso-bidi-font-style: normal;">tried to obtain a history in
regards to her disequilibrium, and she denied any obvious vertigo or associated
otologic symptoms”</i> (</span><b style="mso-bidi-font-weight: normal;">2016 Nov 8
A 2017 Feb1-1</b>) and (<b style="mso-bidi-font-weight: normal;">2016 Nov 8 A
2017 Feb1-2)</b>. <span style="color: black;"><span style="mso-spacerun: yes;"> </span>I had requested a copy of the referral under
Question 17 of the Application, but not received it due to the inconsistencies
in the way this case has been processed, leaving out steps that would have
resulted in all the documents being shared, not just some of them, resulting in
the omission of documents that might have proven my case, at the least in terms
of circumstantial evidence supporting my allegations under the Code. This was
also the report in which he named the front desk receptionist and referred to
what I now call the non-incident. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="color: black;"><br /></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[57] Dr A
was mistaken in his second report from February 2017 in saying I had not shared
or tried to share my history of symptoms of vertigo (eg, refer to the low blood
pressure incident in which he refuses to listen to me). He claims I had
reported no changes in my medical history, despite the fact I was using a
walker, having fractured a femur earlier that year. But my health condition was
stable, still taking the two medications for high blood pressure.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[58] The
referral itself, from Dr P, that he mentioned in his first report, is a clue
that one doctor had noticed my symptoms, enough to send the referral, when I
requested it from him, and although Dr A must have realized that, he did not
want to deal with the symptom(s), instead, blaming it on low blood pressure.<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[59]
Thus, I request a reconsideration on that basis, that the new evidence (new for
the respondents and Mr B) but listed in my Application, not reasonably able to
be accessed due to missed steps in the process, would contribute clearly to my
allegations that I was discriminated against under the Code, on the grounds of
age, first, and also on the intersecting grounds of sex, and marital and family
status, not being attached to any man or men, and living too far from my family
for regular, committed support. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: black;">[60] I
have written about these reports as incidents of discrimination against me on
these grounds in my Application and in the response to Mr M’s Case Assessment
Direction from January, 2018. For evidence, I have emails, recordings of two
staff who decided to protect him and blame me, realizing I knew that I had been
treated unjustly. Mr B had access to emails and recordings of phone calls that
passed between Dr A’s secretary and myself, and then between me and two Patient
Relations people, though none between them and Dr A because I was unable to
gain access to those emails through a secure source - the IT Dept at LHSC,
because Mr H, manager of FIPPA, would not give permission for me to have them.
Together, these pieces of evidence come together, if now as the kind of
arbitrary evidence Mr B requests but as circumstantial evidence, adding to evidence
that systemic abuse within the organization was part of the overall problem
that led to my allegations against the individual respondents, and the LHSC. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal">
<b style="mso-bidi-font-weight: normal;"><span style="color: black;">[61] Audio Recordings and Emails<o:p></o:p></span></b></div>
<div class="MsoNormal">
<span style="color: black;">On February 1, 2018, I mailed the
following three a</span>udio recordings to HRTO, having previously given the
respondents access to them on my website. At this point, the recording of Dr A
was down to 6 minutes in length, and I did later cut it down even farther, to
two recordings of 90 seconds and 28 seconds, so they could be focused on more
easily. The three recordings included one of Ms L, which was not mentioned by
Mr B in Para [29], but perhaps could have been, in relation to the report in
which Dr A reported the stories of abuse his staff told him, Ms L informing me
I had been discharged from his practice. The last one is of Mr H, in his role
as manager of FIPPA.<span style="mso-spacerun: yes;"> </span>The three
recordings are mp3s <b style="mso-bidi-font-weight: normal;">(2016 Nov 25 L-2
excerpt</b>), (<b style="mso-bidi-font-weight: normal;">2016 Nov8 A 6 min</b>),
and (<b style="mso-bidi-font-weight: normal;">2017 Nov 14 H)</b>.<o:p></o:p></div>
<div class="MsoNormal">
I request that these tape recordings, along with emails
between Ms L and myself, be part of the reconsideration, as I could not
reasonably have known if Mr B had received them on his desk by the time of the
summary hearing on December 7, 2018.<span style="mso-spacerun: yes;"> </span>There
were also other emails and audio recordings, in the list of documents, and the
very short audio recordings of the low blood pressure incident and the offer of
one part of the VNG test. For mp3 recordings of the 2 brief recordings of Dr A, go to <span style="color: #cc0000;"><a href="http://samcpherson.homestead.com/Evidence.html" target="_blank">Evidence</a></span>.</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<b style="mso-bidi-font-weight: normal;">[62] Circumstantial
Evidence and Systemic discrimination<o:p></o:p></b></div>
<div class="MsoNormal">
In his Decision, dated March 5, 2019, he refers to the first
of the reports by Dr A and having taken it into consideration when he wrote
Para [29] of the Decision. If that is the case, they are ‘new’ to Mr B, and ‘new’
to this request for reconsideration that I am submitting. <o:p></o:p></div>
<div class="MsoNormal">
I have referred to circumstantial evidence being the key to
understanding this case, through linking pieces of evidence and facts and
incidents into a whole, so eventually it becomes clear what this was about –
and makes sense according to the Code – provides the kind of evidence (as I
have today) that provides solid evidence as well as details that must lead the
reader to conclude that my allegations are true. Without all the evidence I
have listed - and been unable to obtain - and without evidence that Mr B has
not mentioned in his ‘analysis’ or that is but was not understood correctly,
some of which was due to the proper procedure not being followed, I will likely
be unable to receive justice.<span style="mso-spacerun: yes;"> </span><br />
<span style="mso-spacerun: yes;"><br /></span></div>
<div class="MsoNormal">
[63] Small details can lead to greater understanding. I had
written about these in my Application and later, in my response to Mr M’s CAD.
The audiologist’s remark, the comment by Ms B from Patient Experience, and the
way Dr P responded in his letter, are three, not significant enough to make a
case on their own, and hardly worthy of including in a formal Decision on a
summary hearing when so many other important incidents of discrimination have
occurred in relation to Dr A and his team. But these small incidents contribute
to the whole, to the realization that ageism in that kind of environment is
systemic.<span style="mso-spacerun: yes;"> </span>I have addressed the problem of
systemic discrimination further on the grounds of age and sex in my response to
the Mr M’s Case Assessment Direction. For now, I shall just point to it – see
on p. 33, Item 13, of my January 29 response to the CAD.</div>
<div class="MsoNormal">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b style="mso-bidi-font-weight: normal;">[64] Prima Facie case<o:p></o:p></b></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
I intend to pursue a case of Prima
Facie, and have mentioned cases and articles in some of my responses to HRTO.
One case I intend to rely on, that I pointed to at the summary hearing, concerns
applicant Javed Latif: (Quebec v Bombardier):<o:p></o:p></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
Quebec (Commission des droits de la
personne et des d<span style="color: black;">roits de la jeunesse) v. Bombardier
Inc. (Bombardier Aerospace Training Center), [2015] 2 SCR 789, 2015 SCC 39
(CanLII), < </span><a href="http://canlii.ca/t/gk9vn"><span style="color: #00a0cd;">http://canlii.ca/t/gk9vn</span></a><span style="color: black;"> >, retrieved on 2018-11-06.<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="background: white; color: black;">[65] A second case is that of applicant </span><span style="color: black; mso-bidi-font-weight: bold;">Youkhana Moshi:</span><span style="color: black;"><o:p></o:p></span></div>
<table border="0" cellpadding="0" cellspacing="0" class="MsoNormalTable" style="border-collapse: collapse; mso-yfti-tbllook: 1184;">
<tbody>
<tr style="mso-yfti-firstrow: yes; mso-yfti-irow: 0; mso-yfti-lastrow: yes;">
<td style="padding: 1.5pt 2.25pt 1.5pt 2.25pt;" valign="top"><div class="MsoNormal" style="margin-bottom: 12.0pt;">
<span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">Moshi v. Ontario (Ministry of
Community Safety and Correctional Services), 2014 HRTO 1044 (CanLII), < </span><a href="http://canlii.ca/t/g83vb"><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">http://canlii.ca/t/g83vb</span></a><span style="mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-CA;">
>, retrieved on 2018-11-05.<o:p></o:p></span></div>
</td>
</tr>
</tbody></table>
<div style="margin-bottom: .0001pt; margin: 0in;">
[66] The legal practice of prima
facie, that I referred to in my response to Mr M’s Case Assessment Direction on
January 29, (submitted to Mr B again on March 10, 2019), is vital to my case,
as I allege that <span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span>the otolaryngologist Dr A discriminated
against me, treating my age as a condition – as though I had gone to him for
the condition of being old – and claimed that the symptom I felt while in his
treatment room was to do with low blood pressure and it getting worse over time
rather than being vertigo or a vestibular condition. I have further argued that
his comments about low blood pressure did not constitute a clinical decision.
Other actions he took, as well the next comment he made in which he offered me
only a fraction of the VNG testing available for his patients, is evidence that
following on from the first comments he made, that because of my being female
and old and seemingly had served my purpose in this life, and had no man or men
for mutual support, or family close, I was not worth his attention.<span style="mso-spacerun: yes;"> </span><o:p></o:p></div>
<div class="Default">
<br /></div>
<div class="Default">
<span style="font-family: "times new roman" , serif; letter-spacing: -0.2pt;">The List of Documents submitted with this Request for Reconsideration is
not included here.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 8.0pt; margin-left: .3in; margin-right: .3in; margin-top: 0in;">
<br /></div>
<div class="MsoBodyText" style="margin-left: 5.95pt;">
<b style="mso-bidi-font-weight: normal;"><span lang="EN-US">4. If your Request for Reconsideration is granted,
what remedy or relief are you seeking?<o:p></o:p></span></b><br />
<b style="mso-bidi-font-weight: normal;"><span lang="EN-US"><br /></span></b>
<br />
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-size: 10.0pt; line-height: 107%; mso-bidi-font-weight: bold;">1. I request that the decision of March 5, 2019,
that my case be dismissed on the basis that there is no reasonable prospect
that it will succeed, be revoked.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-size: 10.0pt; line-height: 107%; mso-bidi-font-weight: bold;"> 2. I
request that in future that the adjudicator acknowledge Forms submitted for
approval, and either accept them or reject them in writing, and acknowledge
documents and evidence I submit by name.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-size: 10.0pt; line-height: 107%; mso-bidi-font-weight: bold;"> 3. I
request that my case be resumed, taking into consideration my January 29, 2018
response to the Case Assessment Direction from Mr Mr M on January 10, 2019,
with changes made, as required, to the Application.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-size: 10.0pt; line-height: 107%; mso-bidi-font-weight: bold;"> 4. I
request that the facts and evidence I have submitted concerning Item [16] of
the Decision of March 5, 2019, remain as essential evidence/facts to be included
in the resumed process about the November 8, 2016 incident at the appointment,
involving low blood pressure, the partial diagnostic VNG test, and the later
reports of the appointment, to be included in a new Decision following the
Tribunal at the end of the process. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-size: 10.0pt; line-height: 107%; mso-bidi-font-weight: bold;"> 5. I
request that information I pointed to and offered documents and legal case
evidence in support of, to have this case recognized as legitimately based not
only on arbitrary evidence but also on circumstantial evidence, with the intention
of leading to a prima facie case, be permitted to be part of the process once
it continues.<o:p></o:p></span><br />
<span style="font-size: 10pt;"> 6. I request that the Remedy submitted under
Question 10 in the Application of November 6 2017 remain in effect.</span></div>
</div>
<div class="MsoBodyText" style="margin-left: 5.95pt;">
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com1tag:blogger.com,1999:blog-19557752.post-62427939496850622018-09-25T11:05:00.000-04:002019-07-13T22:07:49.831-04:00Serena Williams: career and motherhood - having it all<br />
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Serena
Williams’ controversial behaviour at the 2018 US Open Championships women’s
singles tennis final, and her insistence that sexism was at the root of it, has
led to an increasing number of viewpoints on the subject. My aim here is to
take a variety of viewpoints about Serena directly or related to the issues at
stake, as expressed in newspaper articles worldwide, and one essay from a book,
and to select interesting or relevant points from them. I shall add my own comments and
reflections on the situation Serena found herself in and what may have led her
to this point. While Naomi Osaka of Japan was the player who deserved all the
credit for winning the singles final match, the focus of this piece will be on
the professional tennis player and wife and mother, Serena Williams, who lost
the match.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 14.0pt; line-height: 107%;">Serena Williams career tennis professional
and devoted mother<o:p></o:p></span></b></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">American
tennis player Serena Williams, soon to be 37 years old (on September 26, 2018),<span style="mso-spacerun: yes;"> </span>has been involved in what is likely the
greatest controversy of her career, while playing the women’s singles US Open Championships
final on September 8, 2018.<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Serena,
using outspoken, accusing comments against the umpire Carlos Ramos during the
match, in which she was down a set, started a flurry of newspaper articles and
analyses from a number of different perspectives. I have selected just a few
here, in an attempt to cover several different angles, though not to explain
them all thoro</span><span style="font-family: "times new roman" , serif; font-size: 12pt;">ughly. I recognize that there were many ways of perceiving her
actions and motives, and will examine some of these, as well as the background
to what happened, and give my own thoughts on possible reasons for what
happened.</span><span style="font-family: "times new roman" , serif; font-size: 12pt;"> </span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">To begin,
it was just over a year ago that Serena gave birth to a daughter, Olympia (no
future hopes intended there), and while not the first professional tennis
player to give birth in the midst of a career, she has been the one to gain the
most attention by doing so, and presumably experience the most anguish and risk
from the birth and postbirth or postpartum experience (see <b style="mso-bidi-font-weight: normal;">‘<a href="https://www.cnn.com/2018/01/10/health/serena-williams-birth-c-section-olympia-bn/index.html" target="_blank">After Serena Williams gave birth, Everything went bad</a>’</b> Jan 10,
2018). An emergency cesarean section, followed by blood clots including a
pulmonary embolism led to Serena being at risk of death, soon followed by
several procedures and surgeries; then, several months to recover enough to be
able to resume training. For a career woman, this must have been devastating,
although Serena has always put her infant daughter first in her thoughts,
telling her fans that motherhood was the most important part of her life. <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">The
reality of it seems to be that Serena’s career may have been as high up there
as having a child, although that is not something women are supposed to say for
fear of being branded an unfit mother. If she wanted it all, who could blame
her, and if she had not really wanted to lose time to being pregnant, seriously
ill through childbirth, and recovery, who could blame her for that? <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">In an
article on the ‘sanctity’ of motherhood, Anne Kingston explains,<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
The premise that
motherhood is not a one-size-fits-all role shouldn’t come as a surprise in
2018, given the rise of the “childless by choice” movement or an international
decline in birth rates. Still, it’s received as an affront to the “sanctity” of
motherhood and the entrenched belief that the maternal instinct is innate and
unconditional—despite ample historical evidence to the contrary (‘<b style="mso-bidi-font-weight: normal;"><a href="https://www.macleans.ca/regretful-mothers/" target="_blank">I regret having children</a>,</b>’ Feb 2018). <o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
Whether or not she
really wanted to become a mother under those terms, there would have been some
social expectations and pressure put on her, for her to see motherhood as more
important than her career. Age 35 when she had her child, soon to be 37 (on September
26, 2018), she left it almost past the point of being considered too old to
have a baby without risk. <span style="mso-spacerun: yes;"> </span>Serena gave
birth on September 1, 2017, marrying Alexis Ohanian on November 16, 2017. A year
later, after a few minor setbacks in her recovery, she was competing in the
2018 US Open Tennis Championships. <o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">In
times past, when many women had no real power, they were often accused of being
‘hysterical’ when they objected to rules imposed on them by their husbands and
became distraught. Luisa Tam explains the roots of the word and its
significance today:<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="color: #555555; font-family: "times new roman" , serif; font-size: 12.0pt;">The word
“hysterical” and its root “hysteria” originate from the Greek “hystera”,
meaning “womb”. Hysteria was an 18th century term used to describe a mental
disorder caused by an affliction of the uterus; an illness exclusive to
females.<o:p></o:p></span></i></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="color: #555555; font-family: "times new roman" , serif; font-size: 12.0pt;">Although hysteria
is no longer recognised as a medical condition, the word and its counterparts
are still used to describe extreme outbursts of emotion and excitement. And a
number of media outlets pegged Williams’ outburst as “hysterical”.<o:p></o:p></span></i></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="color: #555555; font-family: "times new roman" , serif; font-size: 12.0pt;">How can we defy sexist attitudes if
even the English language continues to uphold such outdated usage? Although
these writers may not have been aware of the significance of such a term, they
– and the rest of the English-speaking world – must be made aware of this if we
are to evolve into a truly equal and tolerant society.</span></i><span style="color: #555555; font-family: "times new roman" , serif; font-size: 12.0pt;"><span style="mso-spacerun: yes;"> </span>(‘</span><b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><a href="https://www.scmp.com/news/hong-kong/article/2164586/serena-williams-outburst-us-open-final-was-misguided-way-tackle" target="_blank">Serena Williams’outburst at the US Open final was a misguided way to tackle sexism in tennis</a></span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">,’ Sept 17, 2018).<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">I do
not believe that this incident Serena was involved in was mainly about sexism.
I see it as very likely that Serena’s recent problems with childbirth and
recovery could be a source of high emotions at this event, as Luisa Tam’s
article in the South China Morning post reminds us.<span style="mso-spacerun: yes;"> </span>I am not saying that Serena suffered from a
mental breakdown, that her womb betrayed her, causing her to react emotionally,
only that being a mother – and becoming one – in today’s world, for career
women and stay-at-home mothers, can be fraught with indecision, frustration, guilt,
and regret. On top of that, Serena is getting older. In fact, she and Roger
Federer were both born in 1981.<span style="mso-spacerun: yes;"> </span>In
mentioning this coincidence, we should be reminded that, in the same time
frame, Roger has managed to produce two sets of twins, while Serena has managed
to reproduce only one small child.<span style="mso-spacerun: yes;"> </span>That
is not sexism, but it does indicate that some differences between men and women
cannot easily be changed. <span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 14.0pt;">Aging In America<o:p></o:p></span></b></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
Most academics
don’t write for mainstream audiences, but Germaine Greer is one who has always
been ready to give her views and engage with the press.<span style="mso-spacerun: yes;"> </span>Greer was certain the Mark Knight cartoon
published in an Australian publication was not only racist but sexist also,
explaining that the image of Serena, in her view, was both “coarse” (racially
unecessary) and “grotesque” (sexist). But mainly, she said, the cartoon missed
the point, that it was not about race or sex, “when what she had really done is
thrown the match” (see ‘<b style="mso-bidi-font-weight: normal;"><a href="https://www.news.com.au/sport/tennis/serena-williams-cartoon-was-sexist-according-to-germaine-greer/news-story/323901c631f6e04fda86921bad708f77" target="_blank">Serena Williamscartoon was sexist, according to Germaine Greer</a></b>’ Sept 18, 2018). There
could be some truth to that, and Serena is the only one who could say for sure,
but by the time the interactions between her and the umpire happened, she was
already down a set. She had probably realized her chances of winning the next
two sets were slim. <o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
The fact that
Serena had had such tremendous accomplishments, as a female playing
professional tennis, made her loss and the ensuing conflict with the umpire
more tragic. After the semi final, much was made of the upcoming final match
between Serena and the youthful Naomi Osaka playing for Japan. This article
explains two aspects of it, in terms of Serena winning, two days <span style="mso-spacerun: yes;"> </span>before the event:<o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="background: white; color: #48494a;">With
one more victory, Williams will earn her seventh US Open championship and her
24th major singles trophy, equaling Margaret Court for the most in tennis
history.<o:p></o:p></span></i></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in; text-align: justify;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="background: white; color: #48494a; font-family: "times new roman" , serif; font-size: 12.0pt;">A few weeks shy of turning 37, now comes a chance to take a
title and become the oldest woman to win a Slam in singles </span></i><span style="background: white; color: #48494a; font-family: "times new roman" , serif; font-size: 12.0pt;">(‘</span><b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><a href="http://www.espn.com/tennis/story/_/id/24600041/serena-williams-advances-us-open-final-face-naomi-osaka" target="_blank">Serena Williams toface 20-year-old Naomi Osaka in US Open final</a>,</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">’ Sept 7, 2018).</span><i style="mso-bidi-font-style: normal;"><span style="background: white; color: #48494a; font-family: "georgia" , serif;"><o:p></o:p></span></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br /></span></div>
<div style="background: white;">
<span style="color: #555555;">Not much pressure there!
Fancy becoming the oldest woman to win a Slam in singles!<span style="mso-spacerun: yes;"> </span>I wonder what she thought when she read that.
As each year goes by, there would be less opportunity for Serena to break
previous records. In a similar manner, the NY Times, writing the day after the
match, gave us more on what it must have been like for Serena to play Naomi
Osaka and be thoroughly beaten by her: <o:p></o:p></span></div>
<div style="background: white;">
<span style="color: #555555;"><br /></span></div>
<div style="background: white;">
<i style="mso-bidi-font-style: normal;"><span style="color: #555555;">What embarrassed Williams might also have been the
feeling that, in Ramos’s penalty, she was being disgraced before a young woman
who worshiped her, before millions of young people whose adoration sponsors
like Nike are wooing. That final was a battle between versions of herself, for
how she wants to be seen — as a mother, a woman, a legend, a victor, as
elegant, honest and true — versus the many ways she’d been perceived and, on
Saturday, misperceived </span></i><b style="mso-bidi-font-weight: normal;"><span style="color: #555555;">(‘</span><a href="https://www.nytimes.com/2018/09/10/sports/tennis/serena-williams-us-open.html?" target="_blank">Serena Williams Came In on a High Road. It MadeHer Fall More Devastating</a>,’ </b>Sept 10, 2018).<o:p></o:p></div>
<div style="background: white;">
<br /></div>
<div style="background: white;">
<b style="mso-bidi-font-weight: normal;"><span style="font-size: 14.0pt;">Motherhood, autonomy and morality<o:p></o:p></span></b></div>
<div style="background: white;">
<b style="mso-bidi-font-weight: normal;"><span style="font-size: 14.0pt;"><br /></span></b></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
What happened
between Serena Williams and Carlos Ramos, the umpire, is described coherently
and thoughtfully in an article from New York, one step at a time, explaining how
the misunderstandings happened. At one point, she makes a declaration and a
demand, to Ramos, in front of the crowds, at home and watching live:<o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="color: #555555;">“You owe me an
apology,” she said to Ramos, loudly emphasizing certain words. “I have never
cheated in my life. I have a daughter and I stand for what’s right for her and
I have never cheated. You owe me an apology”</span></i><span style="color: #555555;">
</span>(see ‘<b style="mso-bidi-font-weight: normal;"><a href="https://www.nytimes.com/2018/09/09/sports/serena-osaka-us-open-penalty.html?action=click&module=RelatedLinks&pgtype=Article" target="_blank">Serena Williams vs. NaomiOsaka: How the U.S. Open Descended Into Chaos</a></b>,’<span style="mso-spacerun: yes;"> </span>Sept 9, 2018)<span style="color: #555555;"><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">At
different times, Serena brings up the subject of her barely one-year-old
daughter, in a manner resembling an awareness of how motherhood has throughout
history been seen as a moral ‘career,’ a duty women have undertaken to raise
their children according to strict standards. To be seen as cheating, or to
have her character attacked, as she says, when Ramos penalized her for the hand
signals that her coach, </span><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Patrick Mouratoglou, had displayed</span><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">, was something she claims she would never
do. But was she that intent on protecting the image of the good mother, or was
there an underlying reason for her putting it that way? Here was a woman with
one of the grandest careers, achievements unlike most celebrities could hope to
aspire to, through hard work and talent. Was she just another woman susceptible
to the pressures placed on her, or did she truly yearn to be the best mother
she could possibly be as well as the best tennis player? Did she want it all,
but was not able to achieve it?<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">At a recent interview with Mia Freedman of
Mamamia (pronounced mama mia), part of the Mamamia’s Women’s Network in
Australia), Serena opened up about how she felt after her ordeal at the US Open,
saying, <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<i style="mso-bidi-font-style: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">“I got in the car,
and Olympia was in the car. It was so weird, and she started giving me kisses,
she never gives me kisses. She doesn’t even know to give kisses, and she just
grabbed me, and I was like this little baby is so smart. It’s just hard to be
too down when you have a little one… when you have someone to take care of.<o:p></o:p></span></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<i style="mso-bidi-font-style: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">“Like I have to take
care of this person, and I have to do this type of stuff, it puts everything in
perspective” . . . “I’m doing the best that I can to try and move forward,” she
said. “But most of all, spending time with Olympia, she’s here in the
background… you realise the most important things that really matter</span></i><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">” </span><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">(see ‘<b style="mso-bidi-font-weight: normal;"><a href="https://www.mamamia.com.au/serena-williams-us-open-final/" target="_blank">Serena Williams tells Mamamia the firstthing she did when she left that US Open court</a></b>,’ Sept 23, 2018).<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Once again, Serena’s focus is on
motherhood – womenhood as defender of morality, sometimes to the extent that it
must surely be interfering with her tennis. In Mother Time, a collection of
essays on women’s experiences of aging, Professor Margaret Urban Walker
discusses the idea of autonomy in the lives of many older women, seeing the
life course as a kind of “career” that leaves a lot at the end that becomes
devalued in terms of moral and social identity (p. 104, ‘<b style="mso-bidi-font-weight: normal;">Getting out of Line: alternatives to life as a career</b>,’ 1999).<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Walker situates the idea of autonomy
within its wider meaning, within a cultural theme, that extends throughout each
person’s life, calling it the “individual life as a career” (pp 100-101), a
concept that takes in more than the traditional idea of career that is familiar
to us, based on occupation and paid work. <span style="mso-spacerun: yes;"> </span>After the “life career” is over, Walker says, as
it once would have been for women who did not work, or men post-retirement, the
career self endeavours to prove that they were once socially acceptable before
their adulthood expired (p. 104), easier to do if one has had a traditional
career, but a new task to face, nevertheless. I would add that once motherhood
is over, the individual would face acquiring or acknowledging additional facets
of an integrated life, following what is known traditionally as the menopausal
transition or “the change of life”.<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Although Serena Williams has led a
different kind of life from many women and men, in which her tennis career was
real, resulting in greater autonomy and recognition of her worth, the career
life of any tennis player is bound to come to an end at some point. Some might
wonder why Serena allowed motherhood to interrupt her career, and why she
appears to have a particular mindset about it, and her new daughter, that
places as much or equal value on the little person as she has done on winning
at tennis. Is it cultural, or a personal desire Serena has, to want to
experience motherhood, or to “have it all,” or to pass on her genes, or just to
want someone special in her life in a way only motherhood can?<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">The remainder of Margaret Urban Walker’s
essay focuses on three ways of integrating a life, without resorting to
reflecting on the traditional life stages open to us, but this has little to do
with Serena’s life, unless she does find herself seeking a third way of
integrating a life containing fragments of her personal history which are
disconnected from being a “whole life” due to her career as a professional
tennis player. Travelling, and moving on, over and over again, can result in
leaving memories and loyalties behind, sometimes making life seem meaningless.
More so, in today’s world, this is the kind of life people lead, not lived in
one place only, and not working at one career only.<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">In Serena’s situation, she is firmly
set within the model of an autonomous individual, and has now managed to firmly
attach herself to motherhood as an additional source of meaning in her life. As
a result of her indiscretion on the tennis court she has had to pay a hefty
fine and had her life torn apart (as if it hadn’t been already) by the media. The
trauma associated with becoming a mother has probably left her susceptible to the
kinds of physical changes that many ordinary women experience as they grow
older. But there is much more to her life’s journey than her extraordinary career
as professional tennis player or being the best mother ever, or even having
her life submitted to scrutiny. When we examine the variety and depth of the public’s
and media responses to her tennis match against the 20-year old Naomi Osaka, we
realize how her life has affected women in general, and men’s in their attempts
to explain just what happened.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<b style="mso-bidi-font-weight: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 14.0pt;">Power and credibility<o:p></o:p></span></b></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Serena
appeared to be coming from a position of power, not of powerlessness, when she
confronted the umpire, Carlos Ramos, about his decisionmaking, which makes a
difference when thinking of abuses of power. It is one thing to have someone
with no power be verbally abusive towards another when fighting for their survival,
but different in effect when it is known that the person with material power
who is being abusive has the power to do the other harm to their life in significant
ways - whether loss of job, of home, or a relationship. When there is no mutual
sense of being equal to one another, or fighting for the same cause, one of the
two is often more vulnerable than the other. In the case of the umpire, while
his fairness – or not - towards her has also been part of the debate it is
questionable which of them has the most power, and the most support on their
side, or whether this is a rocky road each of them has to navigate as they
continue on. <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Serena’s
husband Alexis’s nurturing response to his wife Serena’s ordeal was to use
statistics to prove her point, that this was a matter of the sexes not being
treated equally by the umpire Carlos Ramos, or on a wider level, during
professional matches on the whole. Which one of them has more credibility –
Serena or Ramos - to not have their career suffer, or their life, is debatable.
<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">George
Bellshaw, writing on Alexis Ohanian’s use of statistics from a sports
perspective, provides us with a convincing article complete with wedding
pictures – their own and at the Royal wedding - <span style="mso-spacerun: yes;"> </span>graphs, stats, and a list of code violations
before stating his conclusion, based also on what other experts tell him, that
sexism on the tennis court is hard to prove. Quoting an expert on technology and
a university professor he writes:<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in; vertical-align: baseline;">
<i style="mso-bidi-font-style: normal;"><span style="color: black;">‘Maybe
that’s the thing from now, if you want to get more empirical evidence from how
to understand whether there’s bias in there. There’s a whole hash of new data
that’s required to actually be able to do that.’ (Tim Wade – a senior director
of technology company Dimension Data). <o:p></o:p></span></i></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in; vertical-align: baseline;">
<i style="mso-bidi-font-style: normal;"><span style="color: black;">. .
.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></i></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in; vertical-align: baseline;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<i style="mso-bidi-font-style: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">So could we produce accurate statistical results that prove sexism is at
play?<o:p></o:p></span></i></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<i style="mso-bidi-font-style: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">‘With certainty? Almost certainly not,’ Professor [Alan] Nevill added.
‘It’s highly unlikely that you’d be able to demonstrate that’s a major
attribute in the situation’ </span></i><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">(<b style="mso-bidi-font-weight: normal;"><a href="https://metro.co.uk/2018/09/21/serena-williams-husband-alexis-ohanian-is-right-about-sexism-stats-but-is-desired-data-actually-possible-7951998/" target="_blank">SerenaWilliams’ husband Alexis Ohanian is right about sexism stats – but is desireddata actually possible?</a>’</b> Sept 21, 2018).<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">It comes down to collection of an
immense amount of data and interpretation of that data, making it impossible to
find the answers one wants, even if technology were capable, Bellshaw says, and
money and time were of no concern.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">In
the article that asks in its title, ‘Is Serena Williams right,’ her behaviour
on the court is described as normal for men who get angry, but open to question
when women do the same thing. Kieran File explains, <span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="background: white; color: #383838; font-family: "times new roman" , serif; font-size: 12.0pt;">Most people
would comfortably associate confrontational actions and behaviour with men and
we regularly see this in male sporting competitions. In other words, such
behaviour is seen as normal, or at the very least, not unexpected of men.<o:p></o:p></span></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="background: white; color: #383838; font-family: "times new roman" , serif; font-size: 12.0pt;">. . . <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i style="mso-bidi-font-style: normal;"><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Instances of women being
confrontational challenge society’s view of them. That leaves them subject
to greater scrutiny. In this case, society’s expectations of women as
polite, supportive,<br />
non-competitive and certainly not aggressive may have indirectly
contributed to Williams’ penalties in the US Open final</span></i><span style="background: white; color: #383838; font-family: "times new roman" , serif; font-size: 12.0pt;"> </span><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">(<b style="mso-bidi-font-weight: normal;"><a href="https://theconversation.com/is-serena-williams-right-a-linguist-on-the-extra-challenges-women-face-in-moments-of-anger-102998" target="_blank">Is Serena Williams right? A linguist on theextra challenges women face in moments of anger</a></b>,’ Sept 11, 2018).<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">I
would suspect that the finger-pointing and other gestures, including breaking
her raquet, and her demand for an apology had a lot to do with the penalties
given her by Ramos. On the whole, less haranguing and no name-calling (liar and
thief) on the part of Serena, but instead an accurate description of where the
problems lay, in her view, may have been more helpful and less threatening. But
if she were indeed in so much emotional turmoil, about to lose the set and
match to a newcomer on the scene, while still recovering from doing what only
women can do (give birth), while getting older, with records yet to be broken,
and not enough hours in the day, isn’t it understandable? The question, in many
people’s minds, is whether women should be able to behave the same way men do.
But is that the best solution to the problem, that more women start behaving
like men?</span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Former
professional tennis player Martina Navratilova writes, addressing the
problem of women behaving like men on the court, and the fact that being
treated differently than others, off or on the court, may have been a reason
why Serena couldn’t let go of it: <o:p></o:p></span></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br />
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"> </span></i><i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Just because the guys might be able to get
away with it doesn’t mean it’s acceptable.</span></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"> </span></i><i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">. . .</span></i></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">All of this U.S. Open history, combined,
perhaps, with always feeling like an outsider in the game of tennis — I know
exactly how that feels — goes some way toward explaining why Ms. Williams
reacted the way she did, and most of all, how she just couldn’t let go. But
what is clear is she could very much not let go </span></i><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">(<a href="https://www.nytimes.com/2018/09/10/opinion/martina-navratilova-serena-williams-us-open.html" target="_blank"><b>Martina Navratilova:What Serena Got Wrong</b></a>, Sept 10, 2018).<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<span style="font-family: "times new roman" , serif; font-size: 12pt;">To
sum up, we have a highly competitive and skilled, motivated tennis player – a
new mother, but one for whom tennis has been the most important thing in her
life – until now. The approach to middle age, for women, can involve a great
deal of reflection if the idea of motherhood has not fully been considered. For
a tennis player at the top, as Serena Williams is, it must be even more difficult
to make a choice between the two – career or motherhood – or to expect to be
the best at both. Furthermore, growing older is not the same for a woman as it
is for a man. Finding ways of making sense of one’s life and models of how to
integrate the various bits of paths the journey takes, to make them meaningful,
is a task for women especially, when trying to live up to men’s models for life
no longer works.</span><br />
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br /></span></div>
</div>
</div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14.0pt; line-height: 107%;"><b>References
</b><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">After
Serena Williams gave birth, 'Everything went bad'<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">By Susan Scutti<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">CNN<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Jan 10, 2018<span style="mso-spacerun: yes;"> </span>Updated 2:20 PM ET,
January 11, 2018<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span class="MsoHyperlink"><span style="color: #00a0cd; font-family: "times new roman" , serif; font-size: 12.0pt; text-decoration: none;"><a href="https://www.cnn.com/2018/01/10/health/serena-williams-birth-c-section-olympia-bn/index.html"><span style="color: #00a0cd; text-decoration: none;">https://www.cnn.com/2018/01/10/health/serena-williams-birth-c-section-olympia-bn/index.html</span></a></span></span><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;"> <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Getting out of Line: alternatives to life as a career. <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">By Margaret Urban Walker<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">In <i style="mso-bidi-font-style: normal;">Mother Time: women, aging, and
ethics</i> (Ed. Margaret Urban Walker). <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">1999 <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Rowman and Littlefield Publishers. Maryland. pp 97-111.<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="background: white; font-family: "times new roman" , serif; font-size: 12.0pt;">‘I regret having children’</span><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<span style="background: white;">By Anne Kingston</span><br />
<span style="background: white;">Macleans</span><br />
<span style="background: white;">2018 February Issue</span><br />
<span class="MsoHyperlink"><span style="background: white; color: #007dbc;"><a href="https://www.macleans.ca/regretful-mothers/" target="_blank"><span style="color: #007dbc;">https://www.macleans.ca/regretful-mothers/</span></a></span></span><span style="background: white; color: #555555;"> <o:p></o:p></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12pt;">Is Serena Williams right? A linguist on
the extra challenges women face in moments of anger</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">By Kieran File</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">The Conversation</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">September 11, 2018 10.41am EDT </span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;"><a href="https://theconversation.com/is-serena-williams-right-a-linguist-on-the-extra-challenges-women-face-in-moments-of-anger-102998">https://theconversation.com/is-serena-williams-right-a-linguist-on-the-extra-challenges-women-face-in-moments-of-anger-102998</a></span><br />
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="font-family: "times new roman" , serif; font-size: 12pt;">Martina Navratilova: What Serena Got
Wrong<br />
By Martina Navratilova<br />
NY Times, Opinion<br />
Sept 10, 2018<br /><a href="https://www.nytimes.com/2018/09/10/opinion/martina-navratilova-serena-williams-us-open.html" target="_blank">https://www.nytimes.com/2018/09/10/opinion/martina-navratilova-serena-williams-us-open.html</a><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: 12.0pt; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt;">
<span style="font-family: "times new roman" , serif; font-size: 12pt;">Serena Williams Came In on a High Road.
It Made Her Fall More Devastating.<br />
By Wesley Morris<br />
New York Times Critics Notebook<br />
Sept. 10, 2018<br /><a href="https://www.nytimes.com/2018/09/10/sports/tennis/serena-williams-us-open.html?" target="_blank">https://www.nytimes.com/2018/09/10/sports/tennis/serena-williams-us-open.html?</a></span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;"><br /></span>
<span style="font-family: "times new roman" , serif; font-size: 12pt;">Serena Williams cartoon was ‘sexist’,according to Germaine Greer</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">By Ben Graham</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">news.com.au</span><br />
<span style="font-family: "times new roman" , serif; font-size: 12pt;">Sept 18, 2018. 9:14AM</span><br />
<a href="https://www.news.com.au/sport/tennis/serena-williams-cartoon-was-sexist-according-to-germaine-greer/news-story/323901c631f6e04fda86921bad708f77" style="font-family: "times new roman", serif; font-size: 12pt;" target="_blank">https://www.news.com.au/sport/tennis/serena-williams-cartoon-was-sexist-according-to-germaine-greer/news-story/323901c631f6e04fda86921bad708f77</a></div>
</div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Serena
Williams tells Mamamia the first thing she did when she left that US Open
court.<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">By Claire Stephens, Weekend Editor<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Mamamia<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">September 23, 2018<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<u><span style="color: #00a0cd; font-family: "times new roman" , serif; font-size: 12.0pt;"><a href="https://www.mamamia.com.au/serena-williams-us-open-final/"><span style="color: #00a0cd;">https://www.mamamia.com.au/serena-williams-us-open-final/</span></a></span></u><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;"> <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Serena
Williams to face 20-year-old Naomi Osaka in US Open final<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Associated
Press<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Sept
7, 2018<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">ESPN</span><span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;"> </span><span style="mso-fareast-language: EN-CA;"><br />
</span><u><span style="color: #00a0cd; font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;"><a href="http://www.espn.com/tennis/story/_/id/24600041/serena-williams-advances-us-open-final-face-naomi-osaka"><span style="color: #00a0cd;">http://www.espn.com/tennis/story/_/id/24600041/serena-williams-advances-us-open-final-face-naomi-osaka</span></a></span></u><span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;"><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="mso-bookmark: _Hlk525375841;"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Serena Williams vs. Naomi Osaka: How the
U.S. Open Descended Into Chaos<o:p></o:p></span></span></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<span style="mso-bookmark: _Hlk525375841;">By David Waldstein<o:p></o:p></span></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<span style="mso-bookmark: _Hlk525375841;">NY Times<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="mso-bookmark: _Hlk525375841;"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Sept. 9, 2018<o:p></o:p></span></span></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<span style="mso-bookmark: _Hlk525375841;"></span><a href="https://www.nytimes.com/2018/09/09/sports/serena-osaka-us-open-penalty.html?action=click&module=RelatedLinks&pgtype=Article"><span style="mso-bookmark: _Hlk525375841;">https://www.nytimes.com/2018/09/09/sports/serena-osaka-us-open-penalty.html?action=click&module=RelatedLinks&pgtype=Article</span></a><span style="mso-bookmark: _Hlk525375841;"><span style="color: #555555;"> </span></span><br />
<span style="mso-bookmark: _Hlk525375841;"><span style="color: #555555;"><br /></span></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Serena Williams’ husband Alexis Ohanian
is right about sexism stats – but is desired data actually possible? <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">by George Bellshaw<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Metro News UK - Sports<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;">Sept 21, 2018 8:00 am <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in; vertical-align: baseline;">
<span class="MsoHyperlink"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><a href="https://metro.co.uk/2018/09/21/serena-williams-husband-alexis-ohanian-is-right-about-sexism-stats-but-is-desired-data-actually-possible-7951998/">https://metro.co.uk/2018/09/21/serena-williams-husband-alexis-ohanian-is-right-about-sexism-stats-but-is-desired-data-actually-possible-7951998/</a></span></span><span style="color: black; font-family: "times new roman" , serif; font-size: 12.0pt;"> <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">Serena
Williams’ outburst at the US Open final was a misguided way to tackle sexism in
tennis<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">By
Luisa Tam<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 12.0pt; line-height: 107%;">South
China Morning Post<o:p></o:p></span></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
Sept 17, 2018,
7:53pm UPDATED Sept 17,<span style="mso-spacerun: yes;"> </span>8:48pm<o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<span class="MsoHyperlink"><span style="background: white; color: #007dbc;"><a href="https://www.scmp.com/news/hong-kong/article/2164586/serena-williams-outburst-us-open-final-was-misguided-way-tackle" target="_blank"><span style="color: #007dbc;">https://www.scmp.com/news/hong-kong/article/2164586/serena-williams-outburst-us-open-final-was-misguided-way-tackle</span></a></span></span><span style="background: white; color: #555555;"> </span><o:p></o:p></div>
<div style="background: white; margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div class="MsoNormal">
<br /></div>
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-32779395540540987332018-02-06T03:25:00.002-05:002018-08-26T22:51:45.072-04:00Presumed Innocence in politics and health care<div class="MsoNormal">
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="background-color: white; font-family: "times new roman" , serif; font-size: 14pt;">The last revision of ‘Presumed Innocence’ was on August 1, 2018, to include
sections demonstrating the concepts of presumed innocence and credibility
through the scandal involving Canadian politician Patrick Brown; through a look
at the HRTO case of a patient (myself) versus hospital staff and doctors;
through news stories on Prime Minister Trudeau’s 20-year-old scandal; and
through news stories on Stormy Daniels’s encounter with Donald Trump. The
common theme focused on throughout each of these is the concept of credibility.
The legal term ‘presumed innocence’ and the lay person’s use of the phrase are
also examined and meant to be a theme by which readers may consider the various
scenarios. The List of References has been re-organized into 4 sections
according to subject. Minor edits made (2) on August 2. </span><br />
<span style="background-color: white; font-family: "times new roman" , serif; font-size: 14pt;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<b><span style="font-family: "times new roman" , serif; font-size: 14pt;">Patrick Brown, Canadian politician<u1:p></u1:p></span></b><span style="font-family: "times new roman" , serif; font-size: 14pt;"><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Lately, the concepts of “innocent until proven guilty” or
“presumed innocent” have been a subject of discussion following accusations of
sexual assault against actors, directors, and politicians, among others.
It’s the side of the argument which in layman’s terms probably means “to
have compassion for” or “wait for him to be judged in a court of law, first.”<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Michael Spratt’s recent article (see <a href="http://www.cbc.ca/news/opinion/presumption-of-innocence-1.4509334" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">The Presumption of Innocence</span></a>, 2018) explains what
the term ‘presumption of innocence’ means, in terms of the legal definition,
and the way it is being used inappropriately about one of the most well-known
subjects of attention from the public – Patrick Brown, recently resigned leader
of the opposition in Ontario. Michael Spratt <i>is </i>a
lawyer, so he knows the law. But I don’t think he knows much about common
sense, which is, as I see it, an uninformed opinion in many cases. What I
thought I knew 20 years ago, or a year ago, about something that I understood
as common sense, is no longer. Many of my views are not the same as other
people’s. And theirs are not the same as mine. It could have something to do
with diversity – of experience, country of origin, culture, education,
interests, family, or career. Or it could have something to do with growing
older – a kind of wisdom developing, one would hope. <u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I wrote a paper about wisdom once (<a href="http://samcpherson.homestead.com/Narratives-Wisdom--.html" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Narratives and
Wisdom</span></a>, 2004), including interviews with women, in an attempt to find
out what it was and if I stood a chance of achieving that state, with no
luck. I might just as well have watched ‘Lucy’ (2014) with<span style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial;"> Scarlett Johansson and Morgan Freeman.</span><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Michael Spratt writes, “<i>Certain columnists wrote that what
happened to Brown was wrong and that ‘every man in the world is now vulnerable’</i>."
He takes a different point of view, that it makes sense to stop and realize
that these men are doing something terribly wrong. He describes the allegations
as “<i>shockingly serious: Brown is alleged to have taken advantage of his
position of power over very young women, plied them with alcohol and then
made inappropriate sexual advances</i>” (<a href="http://www.cbc.ca/news/opinion/presumption-of-innocence-1.4509334" target="_blank"><span style="color: red; text-decoration-line: none;">The Presumption</span></a>.)<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">“<i>The presumption of innocence,” he says, “should not be used as
an excuse to disregard common sense</i>.” But sometimes, using common sense can
be as bad as relying on the common understanding of the presumption of
innocence to guide one’s thoughts on a matter. One of the girls reported
feeling intimidated because Patrick Brown had not been drinking but she had
been. When I was growing up, it was men who had been drinking whose behaviour
we needed to feel intimidated by. Now men have to be afraid of women.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Spratt continues, “<i>The complaints were made on a confidential
— not anonymous — basis to reputable journalists,</i>” attempting to
convince himself of their truthfulness, and of the ability of the journalists
to understand. But there cannot only be common sense used where sex is
concerned. There has to be some understanding of what the differences are
between the sexes. Sexual freedoms, as they are called, are more widespread in
society today both here and abroad, from what we hear in the news. I
wonder if men like Patrick Brown recognized the power they held over women, or
did they see it as part of the sexual culture in our society today - the
supposed freedom of young women to behave as though they were free to make
those kinds of choices. On the other hand, men are no longer
permitted to treat women the way they have done in the past, when women’s
voices were not being heard and acted upon.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">In The Star, another story on Patrick Brown has one of the girls’
explanation:<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;"> “<i>Despite the fact that this happened, I didn’t want to
let this impede on what I saw then as a career opportunity,” she said, adding
that she’s choosing to speak out now to support women in similar situations.<u1:p></u1:p></i><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<i><span style="font-family: "times new roman" , serif; font-size: 14pt;">“I don’t think that any woman young or old should be subjected to
that and put in a situation where they have to decide between the career
opportunity that’s in front of them and . . . taking themselves out of a
situation that’s at best uncomfortable and at worst unsafe</span></i><span style="font-family: "times new roman" , serif; font-size: 14pt;">” </span><span style="font-family: "times new roman" , serif; font-size: 14.0pt;"><span style="color: blue;">(</span><a href="https://www.thestar.com/news/queenspark/2018/01/24/pc-leader-patrick-brown-holds-late-night-press-conference-to-deny-allegations-of-sexual-misconduct.html" target="_blank"><span style="color: #cc0000;">Two women accuse Patrick Brown</span></a><span style="color: blue;">, </span></span><span style="font-family: "times new roman" , serif; font-size: 14.0pt;">2018).</span><span style="font-family: "times new roman" , serif; font-size: 14pt;"><br />
<br />
Is she saying that she drank to feel good, or to be able to be flirty
unflinchingly, or to not feel the pain of what she was having to do in order to
have Patrick Brown advance her career? I cannot see how that provides support
to any other young women growing up, except to inform them this is what the
world is like.</span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /><span style="font-size: 14pt;">If she knows that what she is doing is so that it will help her
get the career she wants, at what point did she decide to stop what she was
doing, ie drinking, flirting, letting Mr Brown get close to her, telling him to
stop, getting driven home by him and then later claiming it was sexual assault.
Surely, the problem was that she didn’t want sex as much as he did, that
she didn’t even like him. It was all about the career. And she seemed to
know that if she didn’t allow him some gratification, he wouldn’t further her
career. Don’t the young women of today even like or admire the men who they do
this with? She called Brown an “</span><i style="font-size: 14pt;">old, single politician preying on
young girls</i><span style="font-size: 14pt;">” (</span><a href="https://www.thestar.com/news/queenspark/2018/01/24/pc-leader-patrick-brown-holds-late-night-press-conference-to-deny-allegations-of-sexual-misconduct.html" style="font-size: 14pt;" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Two women accuse</span></a><span style="font-size: 14pt;">).</span></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">That sounds remarkably similar to what Jessica Leeds, the woman on
the airplane with Donald Trump, was doing. She left her first class seat beside
him to return to her own in tourist class when he went below the waist. That
was her cut off point. But was it sexual misconduct, or was it a mutually
beneficial interaction that simply ended?<o:p></o:p></span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span>
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><b>A doctor, his staff, the HRTO, ageism and me</b></span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><b><br /></b></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">A year ago, I was in a situation where I was accused of being
rude, in effect, (or “upset with”) to the staff of a specialist at a local
hospital. It would appear that the idea of “presumption of innocence” didn’t
need to be applied in that situation. I was deemed guilty by anyone who heard
about it. A hastily written very negative black mark against me was put onto
the report he wrote of that appointment, which was available to any doctor I
wished to have as my family doctor, as well as to other doctors in the
community I had appointments with.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I usually describe that part of the situation-in-its-entirety
first, because it was so emotionally distressing, and it is the part that comes
to mind. And besides, when I filled out the application for a Human Rights
Tribunal it said to write the incidents down chronologically, as they happened.
So I tried to do that. It has been a fiasco, with backlogs, being put in
a queue, clerical errors, and not having a caseworker, and being sent a ‘Notice
of Intention to Dismiss’ (NOID) my application, by some unnamed person, because
it might fall outside their jurisdiction.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I realized the other day how my application appears to whoever
reads it, as chaotic, done in a chronological order, not even taking the most
important incident first, to the extent that, the adjudicator who sent me a
Case Assessment Direction (CAD) stated in the heading, McPherson v LHSC instead
of McPherson v ‘The Dr et al’. It seemed as though my case were getting
pulled apart, with first one, then another administrative staff member of the HRTO
looking at it, and making decisions that were not always the best ones or not
explained in a way I could understand. See (<a href="http://suemcpherson.blogspot.com/2017/12/why-and-how-i-was-discriminated-against.html" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Why and How I was discriminated against</span></a>, 2017).<u1:p></u1:p><o:p></o:p></span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">As chance would have it, in my response to the CAD/NOID, I started
writing about it again, but starting with the main incident, which was not
about me being accused of being rude. It was about me being shortchanged on a
diagnostic test the specialist offered me, and then presumably ordered for me,
one that was unlikely to be sufficient to make a firm diagnosis. I made out an
application with the HRTO that I was discriminated against, by him, on the
grounds of age and gender, and marital and family status.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I don’t think I was able to get the adjudicator see that in the
previous response I wrote. I didn’t know what was expected of me, and I was
given only clues, no direction that made sense. No wonder it appears to him
that I have taken on the entire hospital, seeing my allegations that I was
discriminated against by being treated differently than other patients -
because they accused me of being rude to the Dr‘s staff – and “upset with.” So
the adjudicator worded it McPherson v LHSC. So who is presumed
to be innocent in this case? Well, it’s certainly not me.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I don’t know if starting my latest response with the main
incident, instead of the accusations by the girls, is enough to have the next
adjudicator or admin staff member realize the situation I am in, that I have
been ganged up on, because the Dr knows I know I was getting lesser treatment,
as many older people probably are in our medical system. See (<a href="http://suemcpherson.blogspot.ca/2017/12/ageism-in-ontarios-health-care-and.html" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Ageism in Ontario's health care</span></a>, 2017).<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">What is important, whether the Drs and their secretaries
protecting him, or the girls like the ones who accused Patrick Brown, is
getting their stories in, and the more of them the better, which makes them
more powerful against him, and having the credibility that comes with who they
are, now that they have careers, as well as getting their stories in first. If
they can accuse him first, and be believed, or if the Dr at the local hospital
can accuse me of something so chaotic that it can’t be taken in easily, and if
they do it first, then they have the upper hand. They have the credibility,
although it sickens me to know that they do, despite all they have done to me.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Those girls accusing Patrick Brown didn’t have to do that. They
could have tried to find another way, instead of accusing him of that and
destroying his career (<a href="http://www.metronews.ca/news/canada/2015/05/03/would-be-ontario-pc-leader-patrick-brown-driven-to-win.html" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Would-be Ontario PC leader</span></a>, 2015). The girls at the hospital
who colluded amongst themselves and with others including the Dr, to accuse me
of something I did not do, didn’t have to do that. Doctors don’t lose
their licence to practice that easily. But the answer does not lie with Patient
Experience, or Patient Relations, or with the media taking on people who pass
their credibility test. What is needed are people with the knowledge to
sort out the problems, not to try to fit my experience into their framework and
then dismiss it if it seems to them it doesn’t fit right, and not journalists
doing a job they may not be capable of doing.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I find it appalling that the Dr and his staff have been granted
credibility, in making accusations against me, that have affected my health and
sense of well-being, and that my allegation against him, in regards to this
specific incident in particular, has been diminished by having it included as
just one of a number of allegations I made against the hospital. The way
the Application form was laid out, the name of the organization comes first in
the list of respondents, followed by the list of individual respondents. But
not all doctors are employees of the hospital. The specialist I saw was an
independent surgeon/specialist, not just another employee who I was alleging
had harassed me and discriminated against me.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">There have been several mistakes made in the HRTO’s treatment of
my application. I hope that it won’t get dismissed because someone hasn’t
been able to take in everything that I wrote about, or expects me to prove my
allegations before I get to the hearing. As the closing sentence of Michael
Spratt states, “<i>At the end of the day, insisting on proof beyond a
reasonable doubt outside the courtroom can lead to, and certainly does not
protect from, injustice</i>.”<u1:p></u1:p></span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Several weeks ago I wrote a letter to <a href="http://suemcpherson.blogspot.com/p/blog-page_11.html" target="_blank"><span style="color: #cc0000;">Dr Paul Woods, President of LHSC </span></a>in
London, sending the letter to him specifically, by Express Post, explaining the
situation and attempting to get someone to resolve this without the HRTO
deciding on it based on misinterpretations of my application by administration
staff at the very beginning, sending me a NOID (Notice of Intent to Dismiss)
based on their faulty reasoning and neglecting to sign the document, which I am
assuming means it wasn’t an authorized decision. I never received
acknowledgment of my letter.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I look back now, and see that the Dr’s decision to send me for a
diagnostic VNG test was a good decision. The problem was that I was being
offered only a fraction of the complete test, an aspect of discrimination,
based on age and gender, that is probably quite common. The fact that the girls
on staff turned against me when I asked questions about it, accusing of me of
being rude when I hadn’t been, and the fact that the Dr put this into his
report on the appointment, affected future attempts to have a family doctor,
leaving me feeling disenchanted with the medical profession and the integrity
of the practice of health care. Now I am waiting to see how the HRTO will deal
with this matter, having told me that the HRTO does not deal with cases
involving “medical decisions.” <u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">See additional article below in List of references.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;"> <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<b><span style="font-family: "times new roman" , serif; font-size: 14pt;">July 9, 2018 Prime Minister Justin Trudeau<u1:p></u1:p></span></b><span style="font-family: "times new roman" , serif; font-size: 14pt;"><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Another dilemma has occurred, not so easily resolvable because
this time, PM Justin Trudeau is the one caught in the middle. See ‘<a href="https://www.cbc.ca/news/opinion/trudeau-groping-allegation-1.4738492" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">Hypocrisy is at the crux of theTrudeau groping allegation</span></a>,’
July 8, 2018. On the one hand, Trudeau allegedly behaved inappropriately toward
a young woman 18 years ago, at a music festival. As a result, her colleagues
came to her rescue and an editorial was written in the newspaper she worked for
as a reporter. Her name remained anonymous, as did the precise behaviour
attributed to Trudeau, then a teacher. He was named. She wasn’t. He apologized
and that was the end of that. Until now.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">The dilemma has occurred because Trudeau has endorsed a policy of
zero tolerance towards men who commit sexualized occurrences against women.
True to his feminist beliefs, Trudeau insists that women ought to be believed
when they speak out against such incidents. He has managed to get himself in
hot water over his quick responses to some politicians failures in their
interactions with women. Now this.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Strangely, his credibility appears to be declining over this mess,
while the unnamed woman still has credibility, largely, I believe due to the
support of her colleagues who likely were the same people who interviewed her
and passed the message along that she wanted nothing more to do with this. So
having raised it, very publically 18 years ago, in a national newspaper, and
offering nothing – no name, no details of the incident, nothing except that she
felt disrespected – she now wants to let it go.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">This seems very one-sided. Trudeau has been left holding the bag.
It appears that both of them may have made mistakes. His was presumably an overzealous
flirtation. Hers was to react strongly to what used to be normal behaviour
between men and women (which often left one or the other uncomfortable
emotionally). And she told her colleagues who may have thought this made
good news – a story about the son of former PM Pierre Elliott Trudeau.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Some may see the woman as the innocent party, while others -
perhaps not as many – side with Trudeau. But is he a hypocrite? I don’t think
so. He is a well-meaning man who is the Prime Minister, seeking a new way of
forming a working government. Is he sincere? Mostly, he is, as well as
practicing tolerance and acceptance with a sense of social justice. He is
not perfect, though for a while he thought he was, endorsing zero tolerance for
men’s mistakes, until he was caught in the same web other men have been.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">I cannot see at this time how justice (at least social justice)
can be applied to this situation if the woman does not come forward and tell
her side of the story. I understand she has given her name now, but that still
leaves the original editorial in place, that was written about her (or by her,
about how she saw it). Without that, in this new world of the Me Too
movement, Justin Trudeau is left with his loyal supporters going about their
business hoping he can keep his position and regain the trust of the people so
he can continue to do his good work – and do it better while he continues to
learn.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">What she – the woman who was a reporter – gained from all this she
got 18 years ago – the story for her newspaper, an apology, and apparently her
self-respect back. She may think there is nothing more to gain, but by telling
her story, other women can learn from it and can gain confidence. Did she do
this for herself, or for herself and other women? Which one is the
hypocrite – Trudeau or her?<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">To consider who has the power and which one is using it above an
acceptable level is what needs to be determined. Who stands to gain – and what
– and who stands to lose. Was what the woman experienced an emotional ordeal,
and what did she lose besides a momentary feeling of lack of respect from
someone who ought not to have mattered to her, except he was the son of a Prime
Minister?<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Calling Trudeau a hypocrite even though many must have recognized
the errors he was making as he learned to do his job is hardly fair to him or
the rest of Canada. The main thing, now, is what he does – what he is
able to do – to make this situation right. He is on a steep learning
curve. See additional articles below in List of References, eg. <a href="https://www.macleans.ca/opinion/what-weve-missed-in-the-conversation-about-justin-trudeaus-alleged-grope/" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">What we’ve missed in the conversation about Justin</span></a>,
2018. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<b><span style="font-family: "times new roman" , serif; font-size: 14pt;">July 30, 2018 Stormy Daniels<u1:p></u1:p></span></b><span style="font-family: "times new roman" , serif; font-size: 14pt;"><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Another account of what is meant by credibility comes from an
article in Macleans by Laurin Liu, a millennial author, who attributes the characteristic of credibility to Stormy Daniels, paid sex
worker to Donald Trump, to her narration of the sexual encounter she had with
him shortly before he became President. See ‘<a href="https://www.macleans.ca/opinion/how-stormy-daniels-is-closing-the-credibility-gap-for-women/" target="_blank"><span style="color: #cc0000; text-decoration-line: none;">How Stormy Daniels is closing the credibility gap</span></a>’, 2018.
The author refers to Miss Daniels, aka Stephanie Clifford, as having
credibility in her manner, coming across as trustworthy, while ignoring any
reference to women having credibility due to their careers, personal wealth,
marital status, community status, and so on – not inherent but marital, social,
financial, and employment attributes. Liu states at one point, “<span style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial;">For many men, Daniels is believable; for many women,
she is not just believable, but relatable.”</span><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">Laurin Liu explains the idea of the gender “<span class="MsoHyperlink">credibility gap</span>”
which suggests that “women are less likely to be believed when they make
certain claims (against men), because they are believed to be inherently less
competent or trustworthy. In other words, in an exchange of he-said-she-said,
the former is likelier to win” (‘<a href="https://harpers.org/archive/2014/10/cassandra-among-the-creeps/" target="_blank"><span style="color: #cc0000;">Cassandra among the creeps</span></a>,’
2014 in <a href="https://www.macleans.ca/opinion/how-stormy-daniels-is-closing-the-credibility-gap-for-women/" target="_blank"><span style="color: #cc0000;">‘How Stormy Daniels</span></a>’,
2018) . The “certain claims” being made, however, in this situation, are
specific ones whereby Stormy Daniels had, she says, unwanted sex. Thus there
would be men who would see Daniels as agreeable, and probably credible. A lot
of women may well have had the same kind of experience, not being coerced,
exactly, but agreeing to sex for the sake of their job, or getting a leg up on
their career. So both men and women could be seeing Stormy Daniels as credible,
for this reason. But was this a matter of credibility or was it a change in
power relations between men and women, giving women a voice, but not the
complaining voice of Me, Too.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">There’s a difference between credibility and a person (female, in
this case) siding with another (Stormy Daniels) because she’s had a similar
experience. Then it becomes a matter of sexual politics, and not that Stormy
Daniels demonstrated inherent credibility, or credibility through the
jobs she has done in her life.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">This question has to be asked wherever women side with someone or
men, but the subject here is women siding with Stormy Daniels). Are they
doing so because the woman sounds as though she is telling the truth through
her demeanor, or because she has been known to be truthful all her life
(inherent credibility), or because she holds a responsible position at work, or
because she is married to a man with high status in the community? And
what about the women taking Ms Daniels’s side. Do they have credibility, based
on their status in the community, or inherent worth, or do they do so because
the person they are holding up as a credible person (male or female) is the one
who enables her to receive a fat paycheck?<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">The ‘credibility gender gap,’ says Rebecca Solnit, used to be
about men having credibility while women often had none, especially when sex
was the subject of discussion (see <a href="https://harpers.org/archive/2014/10/cassandra-among-the-creeps/" target="_blank"><span style="color: #cc0000;">Cassandra</span></a>, 2014). It
wasn’t all that long ago that men controlled women’s sexuality. With the coming
of ‘the pill,’ the oral contraceptive, and feminism, women are able to take
more control over their lives. Stormy Daniels apparently feels empowered by her
choice of career, and by the words used to describe her, says Laurin Liu. Ms
Daniels is right that prostitutes should also be treated with dignity and
respect, but that doesn’t require identifying with her cause or idealizing her
situation.<u1:p></u1:p><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div class="MsoNormal" style="background: white; line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt;">The issue appears to be that Ms Daniels believes she should have
been paid by Trump as well as allowed to speak about the sexual encounter.
But is this story really about sexual liberation, or is it about women
finally being in a position to tell men what they really thought of them, and
what they really think of sex when presented to them in the coercive manner
that it sometimes is? Is it about the worthiness of women as credible
narrators, or about how women in greater numbers will now choose to side publically
with women who they see as having had a similar sexual experience of life as
their own?</span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span>
<span style="font-family: "times new roman" , serif; font-size: 14pt;">This story of the credibility of Stormy Daniels, together with the
other sections on the themes of credibility and the presumption of innocence,
bring the subject into focus in a way that enables them to be understood, by
lay persons and others. The topic of credibility, and presumed innocence, taken
as one, is not fixed but fluid in the face of changes in the power structure of
society and as new knowledge comes to light about individuals themselves and
topics of concern in society. Race, gender, sexuality, and increasingly aging
and sexual misconduct are in the public eye more than ever. This blog piece
“Presumed Innocence” has moved from one subject to another, with each area
contributing to a greater understanding of the others, and of how credibility
and the presumption of innocence can be understood.</span><br />
<span style="font-family: "times new roman" , serif; font-size: 14pt;"><br /></span>
<br />
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b><span style="font-size: 14pt;">List of References - organized according to each of 4 sections</span></b></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b><span style="font-size: 14pt;">References - Patrick Brown</span></b><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">The presumption of innocence is for courtrooms, not politics<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Michael Spratt<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">CBC Opinions<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Jan 30, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="http://www.cbc.ca/news/opinion/presumption-of-innocence-1.4509334">http://www.cbc.ca/news/opinion/presumption-of-innocence-1.4509334</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">retrieved Jan 30, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Two women accuse Patrick Brown of sexual misconduct<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Jan 24, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Victoria Gibson<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">The Star<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://www.thestar.com/news/queenspark/2018/01/24/pc-leader-patrick-brown-holds-late-night-press-conference-to-deny-allegations-of-sexual-misconduct.html">https://www.thestar.com/news/queenspark/2018/01/24/pc-leader-patrick-brown-holds-late-night-press-conference-to-deny-allegations-of-sexual-misconduct.html</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">retrieved Feb 2, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Would-be Ontario PC leader Patrick Brown driven to win<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Torstar News staff<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Metro News<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">May 3, 2015<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #003399; font-size: 14.0pt;"><a href="http://www.metronews.ca/news/canada/2015/05/03/would-be-ontario-pc-leader-patrick-brown-driven-to-win.html"><span style="color: #003399;">http://www.metronews.ca/news/canada/2015/05/03/would-be-ontario-pc-leader-patrick-brown-driven-to-win.html</span></a></span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">retrieved Feb 5, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<i><span style="font-size: 14pt;">Added Feb 21 2018</span></i><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><br />
Patrick Brown cleared to run for Ontario PC leadership<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Amara McLaughlin<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">CBC News<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Feb 21, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #007dbc; font-size: 14.0pt;"><a href="http://www.cbc.ca/news/canada/toronto/pc-leadership-committee-approves-patrick-brown-candidacy-1.4544843" target="_blank"><span style="color: #007dbc;">http://www.cbc.ca/news/canada/toronto/pc-leadership-committee-approves-patrick-brown-candidacy-1.4544843</span></a></span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<i><span style="font-size: 14pt;">Added Feb 21 2018</span></i><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Ontario PCs overturn nominations, bar former leader Patrick Brown
from running as candidate<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Karen Howlett<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Globe and Mail<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">March 15, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://www.theglobeandmail.com/canada/article-ontario-pcs-overturn-nominations-bar-former-leader-patrick-brown-from/" target="_blank">https://www.theglobeandmail.com/canada/article-ontario-pcs-overturn-nominations-bar-former-leader-patrick-brown-from/</a> <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<i><span style="font-size: 14pt;">added July 9, 2018</span></i><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Patrick Brown to run for Brampton mayor<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Noor Javed, Staff Reporter<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Robert Benzie, Queen's Park Bureau Chief<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">The Star<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt; letter-spacing: -0.1pt;">July 27, 2018</span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt; letter-spacing: -0.1pt;"><a href="https://www.thestar.com/news/gta/2018/07/27/patrick-brown-to-run-for-brampton-mayor.html">https://www.thestar.com/news/gta/2018/07/27/patrick-brown-to-run-for-brampton-mayor.html</a></span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b style="font-size: 14pt;"><span style="font-size: 14pt;">References - A doctor, his staff, the HRTO, ageism and me</span></b><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Ageism in Ontario's health care and human rights (HRTO)<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Susan McPherson<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Sue’s Views on the News<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Dec 21, 2017<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="http://suemcpherson.blogspot.ca/2017/12/ageism-in-ontarios-health-care-and.html">http://suemcpherson.blogspot.ca/2017/12/ageism-in-ontarios-health-care-and.html</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Why and how I was discriminated against – explaining to HRTO’s Dr
Fthenos<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Sue McPherson<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Sue’s Views on the News<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Dec 29, 2017<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="http://suemcpherson.blogspot.com/2017/12/why-and-how-i-was-discriminated-against.html">http://suemcpherson.blogspot.com/2017/12/why-and-how-i-was-discriminated-against.html</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Na<span style="font-family: "times" , "times new roman" , serif;">rratives and Wisdom: the lives of</span> women growing older<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Sue McPherson<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">S A McPherson web site<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">2004<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #007dbc; font-size: 14pt;"><a href="http://samcpherson.homestead.com/Narratives-Wisdom--.html" target="_blank"><span style="color: #007dbc;">http://samcpherson.homestead.com/Narratives-Wisdom--.html</span></a></span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="http://samcpherson.homestead.com/files/EssaysandWriting/NrrtvesWsdomWmnOldrSMcPherson.doc">http://samcpherson.homestead.com/files/EssaysandWriting/NrrtvesWsdomWmnOldrSMcPherson.doc</a><o:p></o:p></span><br />
<br />
<span style="font-family: "times" , "times new roman" , serif; font-size: 18.6667px;"><a href="http://suemcpherson.blogspot.com/p/blog-page_11.html" target="_blank">Letter to Dr Paul Woods, President, LHSC</a></span><br />
<span style="font-family: "times" , "times new roman" , serif; font-size: 18.6667px;">by Susan McPherson</span><br />
<span style="font-family: "times" , "times new roman" , serif; font-size: 18.6667px;">2018 April 9</span><br />
<br />
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b><span style="font-size: 14pt;">References - Prime Minister Justin Trudeau</span></b><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">After 'reflecting very carefully' on groping allegation, Trudeau
says he doesn't feel he acted inappropriately<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Marie-Danielle
Smith and Adrian
Humphreys<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">National Post<br />
July 5, 2018 10:51 PM EDT. Last Updated July 6,
2018 1</span><span style="font-size: 14pt;">0:49 AM EDT</span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://nationalpost.com/news/politics/justin-trudeau-responds-to-groping-allegation">https://nationalpost.com/news/politics/justin-trudeau-responds-to-groping-allegation</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">‘Hypocrisy is at the crux of the Trudeau groping allegation’<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">by Robin Urback<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">CBC News<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">July 8, 2018, 2:41 PM ET<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://www.cbc.ca/news/opinion/trudeau-groping-allegation-1.4738492" target="_blank">https://www.cbc.ca/news/opinion/trudeau-groping-allegation-1.4738492</a> <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">‘People experience things differently,' Trudeau says of groping
allegations<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Kayla Goodfield and Chris Herhalt<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">CTV News Toronto<br />
July 6, 2018 7:00PM EDT Last Updated July 6, 2018 8:01PM EDT<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://toronto.ctvnews.ca/people-experience-things-differently-trudeau-says-of-groping-allegations-1.4003576">https://toronto.ctvnews.ca/people-experience-things-differently-trudeau-says-of-groping-allegations-1.4003576</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">What we’ve missed in the conversation about Justin Trudeau’s
alleged grope<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Alheli Picazo<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Macleans<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Jul 23, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://www.macleans.ca/opinion/what-weve-missed-in-the-conversation-about-justin-trudeaus-alleged-grope/">https://www.macleans.ca/opinion/what-weve-missed-in-the-conversation-about-justin-trudeaus-alleged-grope/</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<b><span style="font-size: 14pt;">References – Stormy Daniels</span></b><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">How Stormy Daniels is closing the credibility gap for women<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">By Laurin Liu<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Macleans<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Apr 6, 2018<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #00a0cd; font-size: 14.0pt;"><a href="https://www.macleans.ca/opinion/how-stormy-daniels-is-closing-the-credibility-gap-for-women/"><span style="color: #00a0cd;">https://www.macleans.ca/opinion/how-stormy-daniels-is-closing-the-credibility-gap-for-women/</span></a></span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Cassandra Among the Creeps<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #222222; font-size: 14.0pt;">By Rebecca Solnit</span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Harper’s ‘Easy Chair’<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="color: #222222; font-size: 14.0pt;">October 2014 issue</span><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="https://harpers.org/archive/2014/10/cassandra-among-the-creeps/">https://harpers.org/archive/2014/10/cassandra-among-the-creeps/</a><o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;">Prostitutes take their desires to the Supreme Court<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">By Sue McPherson<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">Sue’s Views on the News<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="color: #222222; font-size: 14.0pt;">23 January 2012</span><span style="font-size: 14pt;"> (revised Jan 25, 2012)<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-size: 14pt;"><a href="http://suemcpherson.blogspot.com/2012/01/prostitutes-take-their-desires-to.html">http://suemcpherson.blogspot.com/2012/01/prostitutes-take-their-desires-to.html</a><o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<i><span style="font-size: 14pt;">A couple of the links are no longer
working in this article so I have added the link to another piece on
prostitution written the same year, as follows:</span></i><span style="font-size: 14pt;"><o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<br /></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">The decriminalization of prostitution: two
women talking<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">By Sue McPherson<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">Sue’s Views on the News<o:p></o:p></span></div>
<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in 0in 0.0001pt;">
<span style="font-size: 14pt;">March 6, 2012</span><br />
<a href="http://suemcpherson.blogspot.com/2012/03/decriminalization-of-prostitution-two.html" style="font-size: 14pt;" target="_blank"><span style="color: #007dbc;">http://suemcpherson.blogspot.com/2012/03/decriminalization-of-prostitution-two.html</span></a></div>
<br />
<br /></div>
</div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in;">
</div>
</div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-18257023536936980852017-12-29T12:50:00.001-05:002018-02-15T02:21:17.160-05:00Why and how I was discriminated against – explaining to HRTO’s Dr Fthenos<div class="MsoNormal">
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
1. On November 6, 2017, I submitted a 50-page Application to the Human Rights Tribunal of Ontario, describing how I was discriminated against by 7 individuals (naming also one organization) in a total of 9 various incidents/events over a couple of years or so. The individuals were doctors, administrative staff, and other staff at a hospital.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
2. This is the second blog entry I have written on this subject of this HRTO Application. See also, <a href="http://suemcpherson.blogspot.ca/2017/12/ageism-in-ontarios-health-care-and.html" target="_blank"><span style="color: #cc0000;">Ageism in Ontario's health care and human rights (HRTO), Dec 21, 2017</span></a>.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
3. <b>Brief Chronology</b><br />
June 27, 2017 – CPSO complaint submitted (College of Physicians and Surgeons of Ontario)<br />
Nov 6, 2017 – HRTO Application submitted (Human Rights Tribunal of Ontario)<br />
Nov 27, 2017 – email to HRT requesting status of Application<br />
Nov 27, 2017 – email response from HRTO re status of Application – in a queue<br />
Nov 28, 2017 – Letter by email to Dr Fthenos, Registrar, HRTO, to remind him of the CPSO<br />
complaint<br />
Dec 7, 2017 – Letter to Dr S. Bodley, President, CPSO, informing him of the related HRTO<br />
Application<br />
Dec 11, 2017 – Letter from Dr Fthenos, HRTO, Notice of Intent to Dismiss<br />
Dec 18, 2017 – my letter to Dr Fthenos, HRTO Registrar, requesting extension,<br />
among other things<br />
Dec 21, 2017 – email to Dr Fthenos, Registrar, HRTO requesting response and time extension<br />
Dec 21, 2017 – Ageism in Ontario's health care and human rights (HRTO). Blog:<br />
Sue’s Views on the News<br />
Dec 21, 2017 – email to HRT requesting time extension on Notice of Intention to Dismiss and<br />
corrections<br />
Dec 21, 2017 – email to HRT requesting correction of clerical errors<br />
Dec 29, 2017 – Why and how I was discriminated against – explaining to HRTO’s Dr Fthenos.<br />
Blog: Sue’s Views on the News</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<br />
<b>One letter, then another</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
4. On Monday, December 18, 2017, I wrote a letter addressed to Dr Georgios Fthenos, Registrar of HRTO, about a letter I received from his office, dated December 11, giving me a Notice of Intent to Dismiss my Application. At first I assumed their letter was in reponse to my own letter of November 28th (by email attachment), addressed to Dr Fthenos specifically, hoping to avoid the letter being taken up by someone else who had the authority to, thus not getting my concerns addressed. In response to the Dec 11 Notice of Intent to Dismiss, I sent a letter by regular mail, on Dec 18, 2017, addressed to Dr Fthenos, Registrar, HRTO, with questions and a request for an extension of time. Just before Christmas closing, on Thursday, December 21, I emailed a reminder to the Registrar at HRTO, about the request for an extension of time and about possible errors. I requested that he please send his response by Wednesday, December 27, 2017. To explain how this works, I shall say here that emails to the HRTO are automatically addressed to the Registrar, to HRTO.Registrar@ontario.ca , but would not ordinarily go to the Registrar. It is part of the mystique of the HRTO. I have not heard back, so I must continue to address my concerns about my Application and the way Dr Fthenos and the Tribunal are carrying out their duties.<br />
<br />
5. In the letter dated Dec 11, 2017, containing the Notice of Intent to Dismiss, signed automatically by Dr Fthenos, the Registrar, I was informed that my Application did not identify specific acts of discrimination within the meaning of the Code, as it appeared I had explained only in general terms that I have been treated unfairly without connecting the “unfairness” to one of the grounds set out in the Code. See one <a href="http://suemcpherson.blogspot.ca/p/following-is-examplefrom-section-c-in.html" target="_blank"><span style="color: #cc0000;">example from my Application of an incident that I explain in terms of the Code</span> </a>that they did not see as an incident. Dr Fthenos, or the unnamed person doing the work for the Registrar, presumably has the power to dismiss my Application if I don’t write it up in the manner they expect it to be done. My Application has not yet been accepted to be processed, so there is no caseworker I can approach, only address my concerns to the Registrar, Dr Fthenos. But I don’t know if he gets to see anything I write and send to him. The concern of whoever wrote to me was not the letter I wrote to Dr Fthenos on Nov 28, however. It was how I wrote up part of the Application for the HRTO.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Ontario Human Rights Code</b></div>
<span style="font-family: "arial" , "helvetica" , sans-serif; font-size: xx-small;"></span>6. <span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;">Under the CODE, incidents that Applicants bring to the HRTO must be about discrimination on particular grounds: disability, creed, sex, sexual harassment and/or solicitation, gender, sexual orientation, family status, marital status, and age (brief version of grounds). In my Application I have named discrimination on the grounds of sex (being female) and age (being an older female), marital status (being single), and family status (being part of a family but not living together). I have tried to supply the information I was asked for, but the request did not give any details except that I must relate my claims to the CODE. The writer was presumably seeing what I have complained about as incidents of meanness, or unfairness in general, not as being related to any of the grounds mentioned in the CODE. </span><span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;"> But people - doctors, nurses, admin staff, etc, are not unfair in general, I wouldn‘t think. They have something going on in their heads when they treat one patient better than another, or deny adequate diagnostic treatment to some patients but not others. I doubt that the desk staff draw straws to determine which patients will get what kind of treatment on this day, as they look at them waiting patiently in the waiting room. They know, from what they see in their files, or who is accompanying them (if anyone), or from how old they look, how ill they seem, and so on, what kind of treatment they will be offered. When people are treated unjustly in hospitals, one at least hopes it isn’t because of some characteristic irrelevant to life’s journey not usually acknowledged as a stigma such as colour of hair, probable time left to live, ability to cope, style of writing, or whether one is needed by a significant other or family.</span><br />
<div style="margin-bottom: 1em; margin-top: 1em;">
<div style="font-family: "helvetica neue", arial, helvetica, sans-serif; font-size: 14px;">
7. I believe I do understand what I am expected to do although I question the authority of the person who has said I must, and of the necessity of stating each incident, for each respondent, and showing its meaning under the code. The person who informed me, in the Notice dated Dec 11, didn’t explain which sections needed to be rethought, and rewritten, and I was unsure what I needed to be doing. I believe that having 7 respondents makes it more difficult to connect the acts of discrimination to the different parts of the Code I am basing my claims on. It is more difficult, I think, to see the whole picture when the incidents of discrimination, and how they relate to the Code, are looked at as distinct incidents. And it is probably only when the entire situation is looked at that it can be recognized for what it is – a situation of discrimination on the grounds of sex and age, and family and marital status.</div>
<div style="font-family: "helvetica neue", arial, helvetica, sans-serif; font-size: 14px;">
<br /></div>
<div style="font-family: "helvetica neue", arial, helvetica, sans-serif; font-size: 14px;">
<span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif;"><b>Explaining Discrimination within the Code - and an example</b></span></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
8. In the Application Form, Part C, Under the heading ‘Questions about Discrimination on the Ground of Age,’ for example, the question reads: Explain why you believe you were discriminated against based on your age. I believe I have answered that. I tried to answer, “How” as well as “Why.” It is possible that when a subject such as discrimination is a familiar one, that a person tends to take for granted that the reader – the caseworker or even Dr Fthenos himself, in this case, can understand what I am saying, and how I was discriminated against. I have been studying and writing about aging and gender for many years now, at universities I have attended and on my own. But do the individuals who work at the HRTO understand the complexities of all types of discrimination? Why did the person who responded to me say:</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>the narrative setting out the incident of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code</i>” (Letter, Dec 11, 2017, signed automatically, Georgios Fthenos, Registrar).<br />
<br />
Yet <a href="http://suemcpherson.blogspot.ca/p/following-is-examplefrom-section-c-in.html" target="_blank"><span style="color: #cc0000;">here is one such incident</span></a> , one more time, that I included in Section C (Goods and Services) of my Application. It was the last one I mentioned, about the doctor who attempted to find a solution but only belittled what I had been through and how serious this matter was. Besides the letter-writer not being able to find one single incident of discrimination, I believe it is only respectful to provide a name when writing a letter that contains the possibility of a momentous decision. A person writing anonymously can say anything and not have to take responsibility for mistakes. Furthermore, that person neglected to provide details of which section or which question s/he need to have me make changes to. </div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
9. In the Application, in the section about the Code, I explained how I understood the relevant parts of the Code and included them in my response – not in narrative form but in numbered paragraphs. If the comment by the person who wrote to me was about Question 8, I was simply doing what I was expected to do, according to the Applicant’s Guide to Filing an Application:</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>You must tell the HRTO what happened to make you believe that the respondent has discriminated against you based on one of the grounds in the Code. . . . start from the beginning and end with the last incident of discrimination . . . . include what happened, who was involved, when it happened, where it happened. . . . we encourage you to tell your story in chronological order</i>” (p 19).</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
If it comes across as a narrative, with numbered paragraphs, describing each incident in order, it only makes me wonder if the writer understood what was expected of the Applicant, especially when there was so many incidents and respondents. It must come across as a rather long narrative, but that is what was asked for. </div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
10. I imagine that if a person has named only one Respondent, it is easier to say something to the effect that, This person discriminated against me by bullying me because he thought he could get me to back down and shut up because I was old and needed the health care I was getting even though it was substandard. But I would have to repeat the same sentence 6 or 7 times, for each of the respondents who bullied me. I wonder if the person writing to me has had experience doing Applications that have involved 7 individual respondents and 9 incidents/events.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b style="font-family: "helvetica neue", arial, helvetica, sans-serif;">Three excerpts
– Ageism and Public Interest Remedies</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
11. As an example of how I laid out the section about “Why” in Part C, I include a link here to the first 3 paragraphs out of 13 in total, of my response in the section on Discrimination on the grounds of Age. See <a href="http://suemcpherson.blogspot.ca/p/following-is-examplefrom-section-c-in.html" target="_blank"><span style="color: #cc0000;">2017 Dec 28 excerpt age discrimination </span></a> . Secondly, I have included the first couple of pages from my response to the question on<span style="color: #cc0000;"><a href="http://suemcpherson.blogspot.ca/p/excerpt-on-family-and-marital-status.html" target="_blank"> <span style="color: #cc0000;">discrimination on the grounds of family and marital status</span></a></span>, explaining "why" I believed I was discriminated against. I also include the section <a href="http://suemcpherson.blogspot.ca/p/excerpt-from-hrto-application-by.html" target="_blank"><span style="color: #cc0000;">‘Public Interest Remedy’</span></a> also called the Remedy for Future Compliance, that was part of the Application to the HRTO, Nov 6, 2017, on how to improve the hospital’s approach to problems of discrimination, including prevention. Although the paragraphs are not numbered, it is only one page long and is clearly specific about what I see as necessary and how to solve each problem.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Proving discrimination</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
12. I believe Dr Fthenos or the writer of the letter may have been mistaken in implying strongly that I need to prove my case in writing, bit by bit, before I get to the Hearing. As I have stated before to him, my case relies on circumstantial evidence, and so will become much clearer as time goes on. It may not be evident at this time that the incidents I had to put up with were due to the grounds I stated – age, sex, etc, family and marital status, but taken on the whole – each piece as part of the whole – and it will be clearer to any reasonable person that they are part of a wider situation of discrimination that I was subjected to.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Sending mail between HRTO and others </b> </div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
13. The information in paragraphs 12, 13, and 14 has been included in emails I sent to the HRTO yesterday, Dec 28, in an attempt to have errors in calculation of time corrected, and to request an extension of time to respond to the Notice of Intent to Dismiss.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
In the letter dated December 11, 2017, I was given a deadline – Monday, January 8, 2018 – to respond to a lack of detail in my Application for a Human Rights Tribunal, in effect allowing me only 23 days to deal with it, from December 15 to January 8. The Rules of Procedure of the HRTO state,</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>Where a document is delivered by a party or sent by the Tribunal, receipt is deemed to have occurred when delivered or sent: 1. by mail, on the fifth day after the postmark date</i>” (Rule 1.22).</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
If Rule 1.22 applies to the Registrar, for this document sent to me, then even if the letter was sent to me (and postmarked) on the day it was written, December 11, 2017, it would be deemed to have arrived on December 16, leaving me 23 days to respond.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>'Notice of Intent to Dismiss' Rules</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
Under Rule 13 of the <a href="http://www.sjto.gov.on.ca/documents/hrto/Practice%20Directions/HRTO%20Rules%20of%20Procedure.html" target="_blank"><span style="color: #cc0000;">Rules of Procedure</span></a>, DISMISSAL OF AN APPLICATION OUTSIDE THE TRIBUNAL'S JURISDICTION, it is stated that</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<i>“Where it appears to the Tribunal that an Application is outside the jurisdiction of the Tribunal, the Tribunal shall, prior to sending the Application to the Respondent(s), issue a Notice of Intention to Dismiss the Application. The Notice will:</i></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; margin-bottom: 1em; margin-top: 1em;">
<i style="font-size: 14px;">a) be sent to the Applicant only;<br />b) set out reasons for the intended dismissal; and,<br />c) require the Applicant to file written submissions within 30 days</i><span style="font-size: 14px;">” (Rule 13.2 ) </span></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
14. The Registrar Dr Fthenos could have given me 30 days to respond to his notice, but he only allowed me 23. The writer/Dr Fthenos seemed not to have taken into account the extra 5 days for getting through Canada Post (Rule 1.22). And it still wouldn’t add up to 30 days. Neither was I granted the full 30 days mentioned in Rule 13.2, after receiving Notice of Intent to Dismiss.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
15. Even if the Rule 13.2 had said I was to be given 30 days to respond, I understand he has the power to lengthen or shorten any time limit in these rules (Rule 1.7, Rules of Procedure). In that case, one would have thought the Registrar or his secretary would have mentioned what rule they were using to decide how much time to give me to respond.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
16. There is another aspect to this problem of the possibility of having my Application dismissed. Under Rule 13 of the Rules of Procedure, DISMISSAL OF AN APPLICATION OUTSIDE THE TRIBUNAL'S JURISDICTION, it is stated,</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>The Tribunal may, on its own initiative or at the request of a Respondent, filed under Rule 19, dismiss part or all of an Application that is outside the jurisdiction of the Tribunal</i>” (Rule 13.1, Rules of Procedure).</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
In other words, if Dr Fthenos decides one part or all of the Application isn’t within the jurisdiction of the HRTO, because he is reading my Application in a certain way, or for some other reason, is it possible that he can dismiss not only that one part but the entire Application? He has already stated (or the reviewer/caseworker has) that he cannot identify a single act of discrimination within the meaning of the Code in the Application I wrote. It seems almost as if I am expected to prove in my Application that I was discriminated against, rather than have a Hearing at which to discuss the incidents and alleged discrimination. </div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Making Changes to Section C</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
17. Nevertheless, I will attempt to make changes in the format of that part of the Application that deals with the Code, linking specific incidents with the applicable Code. I thought I had done that, to some extent, but presumably not enough to be recognized as such. And I can only hope that I am granted additional time to complete the changes. The power of the Registrar, or his staff who write letters in his name, to dismiss my Application when I have myself have found what appear to be errors in calculation of time, a lack of detail in the reasons given to me for the Notice of Intent to Dismiss, no acknowledgment of any specific acts of discrimination in my Application, and scant information on which sections in my Application need changes, leaves me hoping that when it comes to the more important decision, of whether I can continue on with the Application for a Tribunal or not, special attention will be paid to handling it fairly and with social justice in mind. The Rules of the Social Justice Tribunals of Ontario (SJTO) state:</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to:</i></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<i>a) promote the fair, just and expeditious resolution of disputes,<br />b) allow parties to participate effectively in the process, whether or not they have a representative,<br />c) ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding</i> "(A3.1).</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>My HRTO Application</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
18. As it stands currently, the Application I have submitted to the HRTO has not yet been processed, having only been looked at by an unnamed person at the HRTO office in Toronto and/or the Registrar, Dr Georgios Fthenos, and declared that</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
“<i>a review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents”</i> (Dr Georgios Fthenos, Dec 11, 2017).</div>
<div style="font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif;">My Application is 50 pages long. I have described each of the nine incidents. I have described how each of these affected me. And I have described how each relates to the Code of the HRTO – how they were acts of discrimination under the Code. I have described how family and marital status and the intersecting grounds of age and sex are understood within the Code, and stated this is how I was discriminated against. I have included here excerpts from both the beginning of the section in my Application on age and sex discrimination, and on family status and marital status. But </span><span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif;">I will make changes to that section.</span></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Initial emails with HRTO</b></div>
<div style="margin-bottom: 1em; margin-top: 1em;">
<span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;">19. Following is the initial sequence of emails and letters back and forth between the HRTO and myself. My HRTO Application had been received by them on November 6, 2017, and given a File Number, but at no time did I receive notification </span><span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;">that my Application was being worked on – being processed. When I emailed for the status of my Application, on Nov 27, 2017, I was informed the same day by email that it was in a queue. </span><span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;">I did finally contact the HRTO (also called the Tribunal and/or the Registrar) on November 28, by email plus attachment, to inform the Registrar that my Application included information about a</span><span style="color: #cc0000; font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;"> <a href="http://suemcpherson.blogspot.ca/p/2017-30245-i-november-282017-registrar.html" target="_blank"><span style="color: #cc0000;">related investigation under way, at the CPSO</span></a> </span><span style="font-family: "helvetica neue" , "arial" , "helvetica" , sans-serif; font-size: 14px;">(College of Physicians and Surgeons of Ontario). That complaint was about another doctor, whose attitude and behaviour towards me was due, in part, to his knowledge of the negative reports written by the specialist/surgeon I had named in my Application to the HRTO. These two investigations are connected, and I wanted to ensure that the CPSO was aware of this Application. When I had attempted to inform the investigator at the CPSO of the HRTO Application, she simply said that each investigation was confidential so the CPSO would not know about the HRTO Application. As it happens, they are not confidential. I was required to include details of the CPSO complaint, including the original complaint form (dated June 27, 2017), in my Application to the HRTO.</span></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
20. After I wrote that email to Dr Fthenos, on November 28, 2017, explaining about the CPSO investigation, in return I got a letter in the mail, containing no mention of my concerns, but informing me of his <span style="color: #cc0000;"><a href="http://suemcpherson.blogspot.ca/p/blog-page.html" target="_blank"><span style="color: #cc0000;">2017 Dec 11 Notice of Intent to Dismiss</span></a> </span>.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
<b>Human Rights Legal Supp</b><b>ort Centre and the Summary Hearing</b></div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
21. On speaking with the Human Rights Legal Support Centre they told me that the HRTO didn’t deal with incidents involving medical decisions. I didn’t know that, but I still have 6 or 7 other incidents the Tribunal could investigate. The person at the Legal Centre did not want to discuss anything more with me with me when I said to her the medical decisions were just just the start of it. I know I must have made mistakes in the Application, and I would appreciate the opportunity of correcting them, and giving evidence, rather than see the entire Application dismissed. I gather, ordinarily, that this decision of the Notice to Dismiss would be made at a Summary Hearing, where the Applicant would be able to defend their position, but the Tribunal has not requested a Summary Hearing, although the Respondent apparently could, but I thought not until my Application had been processed, which would mean that the Respondents named in my Application receive notice from the HRTO that this matter was being investigated. I am unsure whether a Summary Hearing would be of greater benefit at this point.</div>
<div style="font-family: "Helvetica Neue", Arial, Helvetica, sans-serif; font-size: 14px; margin-bottom: 1em; margin-top: 1em;">
22. I submitted my Application to the HRTO on Nov 6, 2017. I received confirmation but for several weeks it was in a queue, I was told on November 27 when I inquired. Then, on Dec 11, I was sent by mail a Notice of Intent to Dismiss my Application and given until January 8 to respond. The way Dr Fthenos, Registrar and human being, or his assistant, unnamed, has left it (intentionally or not) is that I am subject only to the decision made by him or the assistant, whether or not to dismiss my Application. See Paragraphs 5, 7, 11, and 16. <span style="font-family: "calibri" , sans-serif; font-size: 11pt;"><br /> </span><br />
23. At best, I am at risk of having the Registrar, Dr Fthenos, dismiss my Application on his own ability to reason, and his own knowledge of discrimination on the grounds I have mentioned (has he read through the 50 pages?). Worse, it could be someone – unnamed – who is just learning how to process HRTO Applications. I do have concerns. It’s one thing to have respect for someone in authority, and to show respect, but quite another to trust the outcome, especially when mistakes have been made already, and comprehension of discrimination on the basis of age and sex has not been demonstrated to me in the letter I received (<span style="color: #cc0000;"><a href="http://suemcpherson.blogspot.ca/p/blog-page.html" target="_blank"><span style="color: #cc0000;">2017 Dec 11 HRTO Notice of Intent to Dismiss</span></a></span><span style="color: #cc0000;">)</span>, signed automatically 'Georgios Fthenos'.</div>
</div>
</div>
<div class="MsoNormal">
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-82665089419696618722017-12-21T12:01:00.001-05:002017-12-21T12:27:15.445-05:00Ageism in Ontario's health care and human rights (HRTO)<div class="MsoNormal">
In November, 2016, I was subjected to false accusations and
lies (which amounts not only to harassment/verbal abuse but also to
discrimination under the Human Rights Code) in reports written by a
specialist/consultant at LHSC (London Health Sciences Centre), and other
employees. I identified that incident,
among others, as discrimination on the grounds of sex and age, and marital
and family status, separating it into nine distinct incidents, and submitted an
Application form on those grounds to the HRTO (Human Rights Tribunal of
Ontario). I named eight Respondents, one
of them being the organization LHSC, the rest being individual Respondents. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Writing up this Application was complex enough. It was
impossible to make all the connections that would enable a caseworker to understand
at one reading what it was all about. But this was only the Application, not
the hearing. And nothing stands still. Even since submitting my Application, on
November 6, 2017, there have been other interactions, not in person but by
mail, or email, or telephone. The
distortions of truth coming from those interactions have been more than simply
frustrating. They’re enough to make a person lose faith completely not just in
the human race but in the safety or
value of speaking in person to someone who might then tell lies and manipulate
one. There was also the doctor who wrote to me, copying his letter, sent by
standard mail, to several of his colleagues. I don’t have that option, to start
sending so many letters off to people, and so am limited to using mainly email,
a means of making contact that is not reliable or proof of anything except that
one may be a nuisance, probably, something that may not apply so easily to a
letter writer. Then it came to be that
emails themselves – not mine but other individuals - were likely being
manipulated, but I had no power to stop that from happening.</div>
<div class="MsoNormal">
<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
It is difficult to be an older person in Ontario and not
have the resources or support to fight the battle, not just against the
original source of discrimination and ageism as a patient, but then with the
HRTO. I don’t qualify for Legal Aid and don’t have the funds to get a lawyer or
even a paralegal otherwise, as far as I know. Despite seeking the more
reasonable alternative in the London area I didn’t find a paralegal who
appeared to have knowledge of the complex system of human rights in Ontario.
That’s different from human rights abuses that happen abroad. Here, it’s about discrimination
on grounds that are listed in the Human Rights Code, such as age, sex, race, marital
status, etc, that occur in education, or employment, or in areas such as goods
and services. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
The woman at the HRTO Legal Centre will only say to me now, after
hearing the first part of my Application (about this being about a doctor) that
they don’t deal with cases about doctors’ medical decisions. That is how this
situation started – regarding a medical decision made by the doctor, but it has
gone way beyond that. In fact, looking back at it more objectively, I believe
the main incident for the HRTO (since he has been absolved of responsibility of
treating me inadequately and carelessly)
must then at least be about the damning reports the doctor wrote about me, no
doubt egged on by his loyal staff. This
will get sorted out, as time goes on. It is just difficult to pull it all
together when others say that’s not allowed, or that’s not the problem. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
I wonder if the participants in this in entire situation
were knowledgeable enough to realize that the larger they make it – the more
complex and involving more people than just the doctor – the less likely it
becomes that the HRTO or any other complaints system I went to would see as an
issue they can resolve – or was it simply that they figured if they ganged up
on me, I would give up and go away. According to the doctor’s reports, not just
one or two, but all his admin staff accused me of being rude. I only recall
seeing two of them – the front desk clerk and the person who showed me to my
appointment, but then there was the audio clerk too. And the
appointment-taker, so named because she was only the voice on the other end of
the telephone, there to make – and break – appointments. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
I tried to explain that at one point, probably in the
Application, that part of that problem, the one with the front desk clerk, could
have been a matter of perception (with discrimination as its basis). If she, as secretary of the doctor, saw
herself as above the patients – or above some patients – they may consider it
rude even if the patient speaks to attempt to understand something. Treating
patients as children is one form of ageism – as people not competent, or on the
other hand as not worthy, being only patients in the hierarchy. Besides that,
the front-desk clerk may also have had poor self-esteem, and thought I was
being critical of her, which I wasn’t. I just thought that, 2 years down the
road, I could try to make sure that my reports didn’t keep going to the
original referring doctor. On the other hand, her behaviour (which wasn’t
immediate, only coming to light weeks later) may have been done to me to turn
the tables, as it were, knowing that I realized I was being shortchanged on the
diagnostic test that had been offered me. Thus, accusing me of being rude, in
effect, treating me like a child, was to do the opposite of what I was about to
bring into the open, the fact that the doctor saw it okay to treat me, an older
female, having no family close by and no husband, the way he did. Thus, by the
doctor accusing me of being rude, the real reason behind my attempts to get
answers about the test I was being offered, when I had already been dismissed
so quickly by the doctor at the appointment, was at risk of being ignored
completely. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
I have been put in a situation of trying to understand why
this or that happened to me, and whether it was legitimately a case of discrimination
on the grounds of one or more of sex and age, and marital and family status. And I have had to do it for every incident, of
which there were nine in the Application I made – 9 incidents, 7 individuals. If
the HRO believes in social justice, I hope they would make it as bearable as
possible for me to engage with them in achieving a just solution. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
At this time, there is a delay in processing new Applications,
I have been informed, which are taken in the order they are received. So, meanwhile, no caseworker has been assigned
to my Application, made on November 6, 2017.<br />
<div class="MsoNormal">
<o:p></o:p></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-62639466402740051032017-01-29T18:56:00.000-05:002017-12-29T15:12:39.868-05:00The Women’s March, social injustice, and personal experience<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">About a week ago a piece was written for the Washington Post that I found to be out of place in the Opinions section. I hesitate to provide the title of it, as it might automatically turn readers against me, for not viewing it with the sensitivity it requires, at least on one level. But here it is - the title '<a href="https://www.washingtonpost.com/opinions/my-wife-died-on-election-day-im-attending-the-womens-march-for-her/2017/01/20/e83c8092-df2d-11e6-ad42-f3375f271c9c_story.html?utm_term=.52db5f512fff&wpisrc=nl_opinionsA&wpmm" target="_blank"><span style="color: purple;">My wife died just after Election Day. I'm attending the Women's March for her</span></a>'. </span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Death so often does necessitate the offering of condolences,
ignoring errors in judgement or in practice, and just generally thinking of uplifting
things to say. But then why would anyone choose to publish an obituary in the
Opinions section of a newspaper? Perhaps
the reason was that it wasn’t an obituary in the usual sense. It was as much
about the husband of the person who had died as about the deceased. And yet,
scores of comments in the Comments section following the article were written
in a manner that resembled condolences more than comments. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">One might ask, was the article telling us the
opinion of the writer on some social or political - or economic - issue? Not exactly, no, the writer appeared
to be questioning his own sense of masculinity, in preparing to march in place
of his deceased wife in the Saturday’s Women’s March, held in Washington and in
places around the world, on Jan 21, 2017. Those who marched did so for a
variety of reasons, many of the marchers no doubt being personally motivated,
others marching for the rights of women who are marginalized in society, some
having specific interests, such as abortion rights for women, violence against
women, etc.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Mr Ikins’s wife suffered a tragic death, a fall
down stairs, a coma, and finally, release through death. I can relate to that experience
of having a fall. A year ago today I suffered a slip and fall, through which I
broke my femur. Luckily - I think – I
survived, not having severed an artery and having a fast-acting, thoughtful
neighbour, paramedics ready to do their bit, and an expert surgeon to care for
my injury. Since then I have had to walk using a walker, but in a few days I
will have the nails removed from the knee – nails that held the rod in place
while the leg healed. So I am hoping for the best outcome. But by chance, my
equilibrium – my sense of balance, experienced as a kind of giddiness, has
affected my ability to walk normally too. Mr Ikins says that Nov 8 was the worst
day of his life. It was not a great day
for me, either. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><span style="font-family: inherit , serif;">On November 8, 2016, I attended an appointment with
an ENT (ear, nose and throat) specialist, to tell him about the symptoms I had
been having, but found my concerns being dismissed by a specialist who was
overbooked, overworked that day, no doubt, and who was not expecting this new
set of symptoms. For some reason, he was also defensive, and spent far too much
time explaining to me why he sent the last report to my old family doctor, the
one I had laid a complaint against with the CPSO, and filed an application
against with the Human Rights Tribunal.
I had realized the report went to that doctor, despite my requesting
from his appointment taker/secretary that it not</span><span style="font-family: inherit , serif;"> be, but it was anyway, in
order to abide by the regulations. <o:p></o:p></span></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">On my way in, I had asked the girl at his clinic front
desk if the report could be sent to a different doctor this time, and she said
she thought so, but to ask the doctor when I saw him, which I did. All this
took precious time away from my concerns – of the balance issue –
disequilibrium. Finally, he offered me a
partial VNG test (look it up). I agreed, and later, at home, looked up the test
on google. I saw that I had been offered only a piece of the set of 4 tests,
and so decided to try to get the tests I needed. To skip to the end of this
story, the appointment-taker/secretary and the staff at the ENT clinic lied
about me, and the ENT specialist cancelled the appointment I had with him. I am
now left with no suitable options for a proper diagnosis nor for treatment
options, nor to repair the damage to my reputation. The only possible option I have, which won’t
help my vestibular/vertigo problems, is to lay a complaint against this doctor
too. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Returning to the article written by Charles Ikins, I
have to say I question whether Charles Ikins’s perception of the reasons for
the march were rather limited. He saw it as being for women who experience
indignities of the kind Trump had presumably committed, the very reason his
wife was protesting. And he decided that
it would not be unmasculine for him to march in place of his wife, to honour
her beliefs and commitment.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">For the most part, I believe the women’s march was
about fighting for the rights of women, and especially marginalized women,
women who do not get the same kinds of opportunities and treatment that other
women do – some of them single women, poor women, women without husbands, black
women, old women, and so on. The maintaining of rights of women – abortion,
sexual rights, and so on, were also reasons women marched. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">I thought that the Washington Post had used a grieving
husband’s thoughts and piece honouring his wife as a political manoeuvering – publishing
it on Trump’s Inauguration Day, the day before the women’s march. Taken on its
own, as a piece intended for friends and family, the article could be seen as
having merit. But published in the Washington Post, for the public to read, it
came across as something very different. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Part way through the article, Mr Ikins mentions the
admonition for participants to “check your privilege.” He says he thinks he
knows the meaning of the phrase, and yet the article itself is an example of
what the privileged should try not to do. Instead of seeing things through their
own eyes only, and taking for granted the things they have, the material advantages
in life, and seeing their own cause as the one most worthy, they might try to
see what others experience in life. <o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">It is part of the human condition for tragedy to
strike families – all of us - tragedies that are not anyone's fault. That's not going to help the writer of the article talked about here, but it needs to be said. Furthermore,
some people in life – women among them – struggle in ways the privileged might
not even be able to imagine – and it is not always men who are responsible for
the injustices. Finally, I have
reservations about the value of a Women’s March if President Trump is chosen to
be the most recent scapegoat for feminists seeking to unite women over a cause -
any cause – to enhance interest in the feminist movement.<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><span style="font-family: inherit , serif;"><br /></span>
<span style="font-family: inherit , serif;"><br /></span></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><a href="https://www.washingtonpost.com/local/social-issues/men-slow-to-show-support-for-the-womens-march/2017/01/09/17877ba4-d35d-11e6-a783-cd3fa950f2fd_story.html?utm_term=.55a6b6b5902f" target="_blank">Men are slow to show support for the Women's March. Is it considered unmasculine?</a></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">By Michael Alison Chandler</span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Washington Post - Opinions</span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Jan 12, 2017</span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<a href="https://www.washingtonpost.com/local/social-issues/men-slow-to-show-support-for-the-womens-march/2017/01/09/17877ba4-d35d-11e6-a783-cd3fa950f2fd_story.html?utm_term=.55a6b6b5902f" style="background-color: transparent;"><span style="font-family: inherit; text-decoration: none;">https://www.washingtonpost.com/local/social-issues/men-slow-to-show-support-for-the-womens-march/2017/01/09/17877ba4-d35d-11e6-a783-cd3fa950f2fd_story.html?utm_term=.55a6b6b5902f</span></a></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;"><a href="https://www.washingtonpost.com/opinions/my-wife-died-on-election-day-im-attending-the-womens-march-for-her/2017/01/20/e83c8092-df2d-11e6-ad42-f3375f271c9c_story.html?utm_term=.52db5f512fff&wpisrc=nl_opinionsA&wpmm" target="_blank">My wife died just after Election Day. I’m attendingthe Women’s March for her</a><o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">By Charles Ikins<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Washington Post – Opinions<o:p></o:p></span></div>
<div class="MsoNormal" style="background: white; line-height: 18.0pt; margin-bottom: .0001pt; margin-bottom: 0in; mso-outline-level: 1;">
<span style="font-family: inherit;">Jan 20, 2017<o:p></o:p></span></div>
<a href="https://www.washingtonpost.com/opinions/my-wife-died-on-election-day-im-attending-the-womens-march-for-her/2017/01/20/e83c8092-df2d-11e6-ad42-f3375f271c9c_story.html?utm_term=.52db5f512fff&wpisrc=nl_opinionsA&wpmm" style="background-color: white;" target="_blank"><span style="font-family: "helvetica" , sans-serif;"><span style="color: black; font-family: inherit;">https://www.washingtonpost.com/opinions/my-wife-died-on-election-day-im-attending-the-womens-march-for-her/2017/01/20/e83c8092-df2d-11e6-ad42-f3375f271c9c_story.html?utm_term=.52db5f512fff&wpisrc=nl_opinionsA&wpmm</span></span></a>Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-2360107811926246132017-01-01T23:22:00.001-05:002017-01-02T00:51:39.422-05:00Justin Trudeau, Prime Minister of Canada - a question of truth!Yesterday, the Prime Minister gave his recorded<a href="https://www.youtube.com/watch?v=Twqmm1okPL8" target="_blank"> <span style="color: purple;">New Year’s speech for 2017</span></a>, while the shortened, <a href="http://pm.gc.ca/eng/news/2016/12/31/statement-prime-minister-canada-mark-new-year" target="_blank"><span style="color: purple;">official printed version</span></a> appears on the PM’s online government pages.<br />
<br />
The speech (including the video) is the subject of a brief CBC announcement and summary (Jan 1, 2017) followed by a discussion of Trudeau’s speech, his policies, and claim that he will “always stand against the politics of fear and division, and focus on what brings us together – that is my New Year’s resolution to you.”<br />
<br />
What could be more divisive than to state one will stand against the politics of fear and division. Why is the word fear so often used when the subject is perceived discrimination?<br />
<br />
Do people or groups discriminate because of irrational fear, because I think that’s what Trudeau is implying, that some Canadians object to some immigrants and refugees because of some irrational fear. <br />
<br />
Following the statement announcing the PM’s speech are comments from Canadians, probably, presenting their views.<br />
The speech (including the video) is the subject of a brief CBC announcement and summary (Jan 1, 2017) followed by comments by readers about Trudeau’s speech, his policies, and claim that he will “always stand against the politics of fear and division, and focus on what brings us together – that is my New Year’s resolution to you.”<br />
<br />
What could be more divisive than to state one will stand against the politics of fear and division. And why is the word fear so often used when the subject is perceived discrimination?<br />
<br />
Do people or groups discriminate because of irrational fear, because I think that’s what Trudeau is implying, that some Canadians object to some immigrants and refugees because of some irrational fear. <br />
<br />
Following the statement announcing the PM’s speech are comments from Canadians, probably, presenting their views. Some of the PM’s remarks were so specific that they could only contribute towards divisiveness among Canadians who, if their main concern in life happened to be omitted, might only feel antagonism towards the attention paid towards transgender individuals, for instance, or the increase in benefits of the middle class.<br />
<br />
One important omission, in my view, is any mention of the healthcare system, and in particular, how older Canadians are dealing with that in their own lives. Associated with that might be the concerns of the disabled, as many older Canadians will be headed towards that category in due course. When people feel they have been treated unjustly and decide to speak out against the injustice, does that make us bad Canadians? <br />
<div>
<br /></div>
<div>
<div>
If I, as a senior, decide to speak out about my experiences trying to get answers from a certain specialist (his appointment-taker/secretary, actually) and none are forthcoming, does it make me divisive, or is the divisiveness caused by the specialist who refuses to discuss my symptoms, tells me my feeling of disequilibrium is actually low blood pressure, or tries to place the reason for it on a condition there is no evidence for, and then, when I do not agree with his interpretation of my feeling, only reluctantly he tells me he can send me for a caloric stimulation test? Or perhaps the divisiveness is caused by the a-t/secretary who refuses to answer my questions about what test I am being sent for and what tests overall does the clinic conduct, so that I then approach Patient Relations to try to find out, to no avail. Everyone involved simply clams up, leaving me with no information, no appointment, nothing.</div>
<div>
<br /></div>
<div>
My main point, however, is simply that one cannot mention all groups and concerns in one New Year’s statement, so there cannot help but be a certain amount of divisiveness. </div>
<div>
</div>
</div>
<div>
<div>
List of References</div>
<div>
<br /></div>
<div>
Justin Trudeau, Prime Minister of Canada</div>
<div>
Statement by the Prime Minister of Canada to mark the New Year </div>
<div>
Ottawa, Ontario</div>
<div>
Dec 31, 2016</div>
<div>
<a href="http://pm.gc.ca/eng/news/2016/12/31/statement-prime-minister-canada-mark-new-year"><span style="color: purple;">http://pm.gc.ca/eng/news/2016/12/31/statement-prime-minister-canada-mark-new-year</span></a></div>
<div>
retrieved Jan 1, 2017</div>
<div>
<br /></div>
<div>
Prime Minister Trudeau delivers a message on New Year's Eve</div>
<div>
<a href="https://www.youtube.com/watch?v=Twqmm1okPL8" target="_blank"><span style="color: purple;">https://www.youtube.com/watch?v=Twqmm1okPL8 </span></a></div>
<div>
Dec 31, 2016 </div>
<div>
retrieved Jan 1, 2017<br />
<br /></div>
<div>
</div>
<div>
Trudeau takes stand against 'fear and division' in New Year's message</div>
<div>
The Canadian Press</div>
<div>
CBC News</div>
<div>
Jan 01, 2017 5:42 AM ET Last Updated: Jan 01, 2017 5:42 AM ET</div>
<div>
<a href="http://www.cbc.ca/news/canada/trudeau-new-years-message-1.3917988?cmp=news-digests-canada-and-world-morning"><span style="color: purple;">http://www.cbc.ca/news/canada/trudeau-new-years-message-1.3917988?cmp=news-digests-canada-and-world-morning</span></a></div>
</div>
<div>
<br /></div>
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-20245455956843772902016-12-06T20:13:00.002-05:002016-12-07T22:49:32.585-05:00PM Trudeau’s statement on violence against women and the Montreal Massacre: my thoughtsFollowing is the message I left online for Prime Minister Trudeau on his official government page at <a href="https://pm.gc.ca/eng/connect"><span style="color: purple;">https://pm.gc.ca/eng/connect</span></a> :<br />
<br />
I read the PM's statement today about the event at Montreal on Dec 6, 1989. I beg to differ, but the women were not killed simply because they were women. that is now an outdated way of looking at it. It was complicated, and it was about some men having to give up opportunities of the career they dreamed of. Marc Lépine must have been treated badly by women - staff - and feminists to have done what he did.<br />
<br />
I know what it's like to not be able to have the career you wanted, because you didn't have enough money, or were too old when you went to university - I was 43 when the killings happened - an undergrad at university. Since then I got my MA and started a PhD, which I did not have enough support for, moneywise. When women go for it, they have to use every resource they can drum up. I was too old to start having to compete with younger women, and could not buy my way into a better position.<br />
<br />
I never had a career either, but I did learn to write, and so I write, on Sue's Views on the News. Or at least, I used to write. Now I struggle just to get the healthcare I need, a good part of the time, unsuccessfully. What with women secretaries using their power to make things worse, and doctors probably thinking these women are to be trusted, and seeing no reason to provide care to a 70 year old with no husband, no family nearby to be at appointments with me, that no one is gaining anything worthwhile from, I have been left out. Like Marc Lépine, I have not been treated fairly nor compassionately.<br />
<br />
This was not a typical situation of violence against women. Most violence against women happens between a couple who at least know one another and are often married. The killings committed by Marc Lépine were about a man being left behind while feminists prospered.<br />
<br />
<br />
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX<br />
<br />
<br />
Statement by the Prime Minister of Canada on the National Day of Remembrance and Action on Violence Against Women<br />
by Justin Trudeau, Prime Minister of Canada<br />
Ottawa, Ontario: <span style="color: purple;">https://pm.gc.ca</span><br />
December 6, 2016<br />
<a href="http://pm.gc.ca/eng/news/2016/12/06/statement-prime-minister-canada-national-day-remembrance-and-action-violence-against" target="_blank"><span style="color: purple;">http://pm.gc.ca/eng/news/2016/12/06/statement-prime-minister-canada-national-day-remembrance-and-action-violence-against </span></a><br />
<br />
<br />
The Prime Minister, Justin Trudeau, today issued the following statement on the National Day of Remembrance and Action on Violence Against Women:<br />
<br />
“Twenty-seven years ago today, 14 young women were murdered at l'École Polytechnique de Montréal simply because they were women.<br />
<br />
“On this somber anniversary, let us reflect on what Canadians – women, men, and youth – can do to rid the country and the planet of the scourges of misogyny and gender-based violence.<br />
“The statistics on violence against girls and women are unacceptable. Far too many girls and women, here in Canada and around the world, suffer physical and psychological harm at the hands of others – often people they love and trust.<br />
<br />
“On this day – and every day – we recommit ourselves to finding solutions that help prevent future acts of violence. Men and boys are a vital part of the solution to change attitudes and behaviours that allow for this violence to exist. There must be zero tolerance for violence against women, and only with everyone’s support can we build a Canada that is safe for all.<br />
<br />
“That is why the Government of Canada is investing in several programs, both in Canada and around the world, to help promote gender equality by supporting education and prevention efforts, as well as helping those who have been targeted by gender-based violence. For example, we will continue to grow and maintain Canada’s network of shelters and transition houses, so no one fleeing domestic violence is left without a place to turn.<br />
<br />
“As we mourn today with the families and friends of those bright and talented young women who were victims of that senseless act of hatred, I encourage everyone to think about how their own personal actions matter. Start by joining the conversation online using the hashtag #ActionsMatter. Together we can change minds and stop gender-based violence before it starts.”<br />
<br />
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-17288711281928452372016-01-26T17:33:00.002-05:002016-01-26T18:15:18.925-05:00The Human Rights Tribunal process is a farceHaving been involved in Ontario’s Human Rights Tribunal process since the summer of 2015, I can now say for certain the Human Rights process - at least the way it was conducted in my case - is a farce. It may work for some people, of course, but I hasn’t worked for me.<br />
<br />
One of the reasons I say this is that, while attempting to get one of the main issues of contention between the Respondent and myself, the Applicant, resolved, I can see how the process has worked in his favour. And if the process itself hasn’t, while running its natural course, then the people working in it have enabled it to benefit him.<br />
<br />
<h3>
One</h3>
<br />
The Application I made to the HRT was to declare that the Respondent – my family doctor at the time – had discriminated against me on the grounds of sex, marital and family status, and age. I followed the rules and submitted 5 ‘important documents’ and one audio recording that I would be using at the hearing, as well as providing a list of them, stating the importance of each, as required in that section of the form. As the Applicant, I also had to provide a thorough description of the two incidents of discrimination and how they affected me, and what remedies I was seeking, which did not include a monetary remedy only ones directed to the Respondent himself and recommendations within society. See <a href="http://suemcpherson.blogspot.ca/p/hrt-application-form-2015-sue-mcpherson.html"><span style="color: purple;">Remedies sought from the HRT</span></a>.<br />
<br />
Then it was up to the Respondent to write an official Response, using an HRT form for that, which he did in July, 2015. On it he wrote the name of only one document – The Medical Chart of McMcPherson – giving the reason it was important as “describes the care provided to Ms McPherson.” It was at about this time that I inquired from the Legal Support Centre what was menat by the term ‘Document.’ I got no answer on that.<br />
<br />
This was the first of the three times in all that the Respondent and the Applicant (myself) were required to declare what documents we were bringing to the hearing – or relying on, or might be using.<br />
<br />
I did respond the Respondent’s official response, but the Form 3 I used said only respond to new issues, so that matter of the one bundle of documents – being my Medical Chart – remained unaddressed.<br />
<br />
<h3>
Two</h3>
<br />
The second time we were required to declare the documents - in a formal Disclosure of “Arguably relevant Documents” - was by September 1, 2015, which I did, submitting my by then 7 documents plus 2 audio recordings by the deadline, but receiving nothing in return from the Respondent.<br />
<br />
I contacted the Respondent and the HRT via an official form and was hastily sent the bundle of items previously mentioned by the Respondent – the Medical Chart. There were no dates on them, not in chronological order, no description of each page or their importance, nor their relevance, as was stated to be the new requirement – that they be arguably relevant.<br />
<br />
I was concerned about the bundle being passed off as a single ‘Document’ but was advised by HRT to wait as a third deadline would soon be approaching, and perhaps all would be resolved by then.<br />
<br />
<h3>
Three</h3>
<br />
The third and last deadline was Dec 29, 2015, by which time the Applicant and Respondent were to have submitted all the documents they were going to “rely on” at the hearing in February. By this time the Respondent had put numbers and titles on each of the items in the 103-page Medical Chart. But nowhere was the importance of the ‘Document’ or it relevance included, except meant to be as a “description of the care provided to Ms McPherson.”<br />
<br />
I objected strenuously. And the Respondent’s lawyer objected in return, and in two Interim Decisions and one Case Direction, decisionmakers at the HRT sided with the doctor – the Respondent. I get to use my 7 pages, and he gets to use 103 – if he needs to.<br />
<br />
If I need to defend myself against anything that is raised by the documents he produces in self-defence, I don’t have anything. We both submitted documents starting in April, his in July, 2015, me providing insight as to why mine were important, the doctor providing nothing, except to say they described the care provided to me.<br />
<br />
<h3>
Negotiations and arguments</h3>
<br />
Forms 10 and 11 abounded then, between the Respondent’s lawyer and myself and the HRT, as we attempted to persuade the Interim Decisionmakers, Laurie Letheren and Dawn Kershaw, of the merits of our requests – me for adjournment to allow the Respondent time to provide the relevance of each of the 103 pages, his lawyer to plead that he had the right to a speedy hearing.<br />
<br />
As time went on, his lawyer made the argument once again that I had placed the care provided to me at the centre of this matter, while I argued that no, like Evan Solomon, Mike Duffy, Jian Ghomeshi and Joe Fontana, when accusations are made against them it isn’t the good they have done that is at the heart of the matter. It is when mistakes are made, or discrimination carried out, that it ends up at a Tribunal and these are the matters to be looked at, not the good these people did. The lawyer’s Form 11 saying what she did, there, was ignored by the Interim Decisionmaker, Dawn Kershaw, in her Jan 15, 2016 Interim Decision, as were my remarks about what this case should be about.<br />
<br />
Each time, the Interim Decisionmakers argued that this matter of the adjournment and the relevance of the items in the Medical Chart should be left to be decided at the hearing. And then I realized that this was not going to happen. It couldn’t happen. It was an illogical decision the Interim Decisionmakers had been making every time they said it.<br />
<br />
It would take time, if the Respondent were ordered to write down the relevance or importance of each of the items in the 103-page Medical Chart. There’s not a hope that could happen at the hearing, while we are all sitting there. It would seem that they - the HRT Registrar, Richard Hennessy, or the adjudicator, Dawn Kershaw - had no intention of deciding in my favour, that the doctor would have to provide the relevance of each of the documents.<br />
<br />
What that means, in terms of the hearing, is that if I produce a document or an example of ill-treatment or disrespect he wishes to dispute, he can produce a document from the 103 pages to prove his argument. However, having only 7 documents and 2 audio recordings, I am limited in how I can make a point or defend myself against his accusations. I can speak, but I have not been granted credibility. So it is the harsh words and distortions in documents written by the Doctor and his receptionist that will be believed.<br />
<br />
What’s worse is that, during this whole process, I was led to believe that the process would be fair, yet I was not given the option of seeking documents to contradict the 103 pages he decided to rely on. In fact, how could I? How could I begin to guess what he was going to produce, at the hearing, from his array of documents that he first mentioned back in July?<br />
<br />
Three times the doctor produced that Medical Chart as his Document of importance, relevance, to rely on. And each time he not obliged to prove that the items in it were.<br />
<br />
<h3>
Discontinuity between the lead-up and the hearing</h3>
<br />
Late in the process it also sinks in that everything that happens during the initial process has nothing to do with the hearing. All that happens during these months of preparation, the HRT sending directions as to what should be submitted and when, and how they should be described, is forgotten once the hearing starts. What that means is that all the talk, all the arguments, all the lack of description regarding importance, relevance of the pages, etc. in the Medical Chart mean nothing once the hearing starts. It means that I can request that the doctor provide the relevance, right there, at the hearing, but that the adjudicator, Dawn Kershaw, can simply say No. Or, she can say, This should have been dealt with before the hearing started. There is no time now.<br />
<br />
All those submissions I made, beforehand, about my position, mean nothing, unless they are included in the documents I submitted to the HRT to be used at the hearing. That means that the medical research I provided links to on why older women who have had given birth and have had hysterectomies ought not and do not need to be sent off for an ultrasound on their bladders will not be there as evidence. Only my word will count, though the colleague witness of the doctor has said in writing that the treatment I received – including the pelvic ultrasound on my bladder, was within the standard of care limits. What that means to me is that I would not want him as my doctor. And secondly, that giving the patient the chance to ask questions beforehand and to find out what would be expected from her doesn’t matter to either of them. As for the request by the doctor for a urine sample from me to test for “street drugs,” it is still my view that he needs to take a course or two on how to communicate in respectful ways. See details of the incidents of discrimination:<br />
<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-pelvic-renal.html"><span style="color: purple;">Statement on Pelvic Renal ultrasound incident </span></a><br />
<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-on-urine-street.html"><span style="color: purple;">Statement on drugs, urine termination incident </span></a><br />
<div>
<br /></div>
<br />
Just as importantly, the doctor needs to consider the differences between women who are young and those who are growing older, and how that may affect their diagnosis and treatment in matters such as kidney disease.<br />
<br />
What is the purpose of such a lengthy process of requests for documents from the Applicant and the Respondent? Is it to wear out the Applicant through repeated failed attempts to achieve fairness at the hearing? See SJTO and HRT Rules of Procedure p 2<br />
<br />
<a href="http://suemcpherson.blogspot.ca/p/sjto-and-hrt-rules-of-procedure-p-2.html"><span style="color: purple;">p 2 of the Rules</span></a><br />
<br />
A3 INTERPRETATION<br />
<br />
A3.1 The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to:<br />
(a) promote the fair, just and expeditious resolution of disputes,<br />
<br />
(b) allow parties to participate effectively in the process, whether or not they have a representative,<br />
<br />
(c) ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding.<br />
<div>
<br /></div>
<br />
<br />
<br />
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-7065775736508365492016-01-01T20:23:00.000-05:002016-06-25T17:59:44.262-04:00Proving discrimination at a Human Rights Tribunal<i>Added Monday, January 25, 2016 The aim of this HRT Application</i><br />
<i>Added Sunday, January 17, 2016 - Further Response to Anonymous commenter</i><br />
<i>Short edit made Jan 3, 2016</i><br />
<i>Added June 25, 2016 - improved 20 min excerpt of "street drug" incident.</i><br />
<br />
What counts more – credibility of witnesses or factual evidence? Stated another way, should interpretations and viewpoints of witnesses close to the event or to participants in it be granted the same evidentiary legitimacy as substantive proof in the form of reliable, objective, detailed research or tape recordings of the incidents in question?<br />
<br />
When I made out an Application to the Human Rights Tribunal in 2015 claiming discrimination by my family doctor on the grounds of sex (gender), marital and family status, and age, I did so in the belief that my complaint would be taken seriously. I have come to see now that, rather than my evidence and knowledge forming the basis of my claim, the lies and distortions of truth told by the Respondent, his secretary, and a colleague not long departed from the Port Elgin/ Southampton area are being held up as truth (by them and decision-makers at the HRTO), despite my having provided evidence in the form of tape recordings and factual research that indicates otherwise.<br />
<br />
I know that my words mean little or nothing to most people. And that is the underlying factor in this case. I have no husband to provide me with credibility. I have no property to enable me to be seen as a worthy person. I have no family nearby. I live alone, in a city that I once thought was a great city to live in – London, Ontario – but now having returned after years away – including a decade abroad – after 5 years here it no longer seems that great to me.<br />
<br />
<h3>
Interim Decision</h3>
<br />
Of significance here is the Interim Decision of October 8, 2015, which relieves the Respondent of the responsibility of having to provide the relevance/importance of each document within the Medical Chart, even though in their initial Response, it was a requirement that they do so, “they” being the Respondent and his lawyer. Their claim at the time (in their Response to my Application) was that my entire Medical Chart were documents intended to show the care provided to me, never mind that it is full of omissions, pages put together haphazardly, indecipherable scribblings by the doctor, not in chronological order, nor with dates on the pages – and no explanations of the relevance of each individual document. According to the Interim Decision, my requesting more detail was “premature”. And so now, according to the <a href="http://suemcpherson.blogspot.ca/p/2015-aug-11-re-document-disclosure.html"><span style="color: purple;">Notice of Hearing, Aug 11, 2015,</span></a> when from that bundle the ones to be relied upon at the hearing were to be listed, by the end of December, 2015, the Respondent went directly to the new instruction, listing them, giving them titles, and numbers, but still neglecting to explain their relevance.<br />
<br />
View the <a href="http://suemcpherson.blogspot.ca/p/interim-decision-october-8-2015.html"><span style="color: purple;">HRT Interim decision, October 8, 2015</span></a><br />
<br />
The pages of the Medical Chart (my medical chart) now have titles, but are out of order and not dated. More importantly, no mention of the relevance of these so-called documents that I received from the Respondent at the end of December, 2015 is included. It would appear that, through the manipulation of language, and the lack of familiarity of the Interim decision maker with my Application, the Respondent has managed to avoid having to provide the information originally required in his Response to my Application. Submitted as a whole, the chart may give the overall impression that the doctor was a caring doctor, but delve more deeply, and it would show he was not. But who has time to delve more deeply. The Human Right hearing lasts 2 days. Am I to spend that time defend myself by pointing out all the mistakes and lack of attention to detail in the Chart, including all that is irrelevant, nothing to do with this Application, but which may make me look bad in the eyes of the Human Rights adjudicator. Without an explanation as to their relevance, the documents are left to the adjudicator’s imagination to comprehend.<br />
<br />
In my Application I focused on two matters only, ones I had proof for. Now, that has been turned around by the latest submission to me and the HRT by the Respondent, on Dec 29, 2015, which is the now titled and numbered Medical Chart, plus a statement by his secretary upholding his opinion, a secretary whose name I didn’t even know until I received the statement, as she never referred to herself by her name when she called, and the doctor did not either. The other witness statement is a so-called expert statement by a new colleague of the doctor’s, who did not reside or practice in London at the time but who seemingly is providing his objective views on the treatment provided to me, stating that it was appropriate.<br />
<br />
In particular, I should think that sending a patient for renal ultrasound test, to rule out causes of kidney disease, and including an ultrasound on the bladder, was simply not well thought out – typical of this doctor’s attitude towards me – thoughtless, uncaring, and disrespectful. The witness colleague, a family physician also, directs readers to ‘Mosby's Family Practice Sourcebook - An Evidence-Based Approach to Care,’ for evidence (which they must seek out on their own, apparently, from within the book’s pages) that sending me for a bladder ultrasound - a 69-year women who has given birth 2 times, had a hysterectomy and is somewhat overweight - is within practice guidelines for a patient whose lab report shows “an initial abnormal creatinine clearance (eGFR)”. The witness colleague writes:<br />
<br />
“While an ultrasound limited to just the kidneys would have been appropriate, it was stili within the standard of care to include the bladder to rule out other possible causes of chronic kidney disease” (Dec 27, 2015 physician witness statement).<br />
<br />
<h3>
</h3>
<h3>
The Two Incidents of Discrimination</h3>
<br />
See here for a more complete and coherent description and analysis of the ‘<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-pelvic-renal.html"><span style="color: purple;">pelvic/renal ultrasound incident</span></a>,’ taken from my original Application but rearranged in a more comprehensible format. I would simply state here that for a woman my age, with my reproductive history, and weight, sending me for an ultrasound test on my bladder was not only unnecessary, it was risky, and uncomfortable, and demonstrated a lack of knowledge of older women’s chronic health issues. His colleague also seems not to want to go into detail on the matter at hand in any serious way.<br />
<br />
The witness secretary decided to interpret my manner during the second incident – see the ‘urine sample and “<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-on-urine-street.html"><span style="color: purple;">street drugs” incident and analysis</span></a>’ - as rude, although I did submit to the HRT a while back a longer audio recording of the incident after the doctor himself accused me of shouting at his staff, for the benefit of the staff’s perhaps short memories. Originally, I submitted only the recording of what took place in the treatment room, during my appointment, but I decided to send in the rest of it, which included my taking the container for a urine sample to the washroom (after obtaining a key from the pharmacy), then changing my mind, returning the unlabeled jar to the secretary, leaving, then returning to ask for a form that I could take to the lab to have the urine test done there. By that time I had lost all faith in my doctor. The staff ignored my request, and so I left, going to a walk-in clinic and requesting that I be allowed to provide a sample of urine to test. I did so, but on inquiring time after time I was eventually told that the sample I gave to them had been lost.<br />
<br />
Read <a href="http://suemcpherson.blogspot.ca/p/human-rights-tribunals-privacy-and.html"><span style="color: purple;">8-page transcript of the 21-23 minute recording</span></a>. The section related to the Tylenol 2 and “street drugs” urine sample request begins on page 5.<br />
<br />
Click to hear longer <a href="http://samcpherson.homestead.com/files/mp3/2014_Apr_28__23_min.mp3"><span style="color: purple;">21-23 minute audio recording of ‘urine sample and “street drugs” incident’</span></a>.<br />
<br />
[Another try has produced a <a href="http://samcpherson.homestead.com/files/mp3/2014_Apr_28_20_min_re_Rxs.mp3" style="background-color: white;"><span style="color: purple;">20 minute excerpt of the April 28, 2014 incident</span></a>, with higher volume and greater clarity. It starts with changes being made to the Rx renewals, at approximately the half-way point going into the incident where the doctor demanded that I submit a urine sample for "street drugs" if I wanted a renewal on my prescription for two Tylenol 2 tablets daily, for pain due to 2009 broken ankle] (added June 25, 2016).<br />
<br />
I have been unable to make a better quality mp3 from the original tape recording due to not having the proper equipment. Instead, I used technology available at a small cost online, but with limited capability. I have not asked for any damages from the HRT, thus would not receive any financial advantage even if my Application were successful. That’s not the reason I am doing this, although I must say I did not realize at the start the financial costs of engaging in this endeavour. I do believe, however, that the recording, lengthy though it is, heard in conjunction with the transcript, provides a better understanding of the emotional content of the incident, and situates it in real time, taking approximately 23 minutes.<br />
<br />
<h3>
</h3>
<h3>
Diffusion of Responsibility</h3>
<br />
This is the phenomenon whereby people are less likely to take responsibility when there are several other people involved. Thus, the in this situation, just to focus on the actual process of the HRTO, the caseworker may make a mistake, or the Legal Support team might, or the Interim decision-maker, or even the translation between the official HRT Rules of Procedure and items of correspondence sent to explain the process to Applicants and Respondents may use words differently, but in effect, open up the process up to misinterpretations and, significantly, to diffusion of responsibility. When so many people become involved, no one is obliged to take responsibility. No one will. And so, in the end, who is there on whom to place responsibility?<br />
<br />
The diffusion of responsibility within the actual HRT process is one part of it. Another part is the diffusion of responsibility among the various doctors, secretaries, witnesses, lab workers, fax machines, photocopiers, and other forms of technology through which errors can be made, or Medical Rules and Regulations that state what is permitted and what not, that often leave no one person, such as the physician himself, obliged to take responsibility for errors, lack of knowledge, or lack of awareness of social influences on their own psyches in their interactions with patients.<br />
<br />
A third part of the diffusion of responsibility is the fact that the Respondent has four first names, tending to confuse the issue of this doctor’s real identity. The name he uses in his local medical practice is the last name on the list, according to his profile with the CPSO (College of Physicians and Surgeons). Thus, the name he uses usually hasn’t appeared on official notices and documents sent by those involved in this Application, including myself. Instead, it is usually the first or second of the four names that get used. So who is this man, exactly? Is he the person listed as a CPSO member, who is named on the application, and the same person as the local London doctor, or by using this technique is he able to avoid taking responsibility, not really a part of these proceedings due to the name he is known not appearing in the documents?<br />
<br />
<h3>
Conclusion</h3>
<br />
I find myself in this dilemma of being up against “credible witnesses” due to the very reason I am making this Application to the HRTO, and that is that, largely due to being female, and older, and not having a husband, nor being a property-owner, and being alone here without family, I am in a vulnerable position of not having credibility. I also spent a few years abroad, before returning several years ago to the city where I came to do my undergrad degree after my marriage ended. My name then was Fulham, and I was a student of Sociology in the late 80s and early 90s. Thus, I am now in this situation of being up against people in the health care professions who are granted credibility to speak and be heard and believed while I am not. I have evidence of a factual nature, objectively-conducted research, and audio tape recordings. But that isn’t really good enough, is it. One needs family, association with a profession or academic institution, or a spouse, or property, or a career present or past, to provide one with the credibility and power to be heard and believed.<br />
<br />
I was treated very badly by that doctor who made rude remarks about me to my face, mistreated illnesses, sent me for unnecessary tests, changed my medications for no good reason, would effectively end discussion by informing me that “the report’s back. You’re fine,” or telling me I am smiling thus must be feeling okay, and more. It seems to me that a doctor should be able to treat patients regardless of his personal feelings towards them. I realize I am one of those who don’t qualify for first-rate treatment, in this country of ours. But to see doctors openly abusing their position as knowledgeable and respected individuals part of a larger group of time-honoured professionals in Canada is regrettable.<br />
<br />
<h3>
<b>Added Sunday, January 17, 2016</b></h3>
<h3>
Further Response to Anonymous commenter</h3>
<br />
Yesterday, in a comment on this matter, Anonymous suggested I drop this action. I responded, and now have something else to add to what I said there, see below, in comments. On occasion we hear of accusations made against someone, and even of charges laid, followed by the retraction of the charges, or the accuser walking away from it, for whatever reason. When this happens, as does sometimes in cases involving sexual assault or sexual harassment, comments made by some readers in the comments section of the online newspaper then claim that the accuser realized she was mistaken, or had gotten over being upset over nothing at all, and was actually just another false accuser – another good reason why I should not quit this situation, even though it is getting even worse, as mistakes are made (mistakes?) in the process itself, which go unacknowledged and are not corrected, and the Respondent’s witnesses themselves are telling outlandish lies or giving questionable support to the treatment decisions made by the doctor. The two women who have made Interim Decisions, the latest just on Friday, the 16th of January, are taking shortcuts in their examination of the Forms of the Applicant and Respondent, and even of the Rules of Procedure for the HRTO. Hence, they come up with the Decision they probably want to make, not the one the evidence says they should. The latest decision-maker, Dawn J. Kershaw, is from London, I see after googling her name, so I would suspect that this is an issue of conflict of interests, since me and the doctor in question are also located in London. She made a number of decisions, none of them in my favour, and I had been the one bringing them to her. But the lawyer for the Respondent replied, and perhaps in error but I don’t think so, made me look like a nit-picker, simply for requesting a numbered copy of the 103-page Medical Chart containing my medical records.<br />
<br />
She - the Respondent’s lawyer – had missed the deadline for Disclosure of Documents, so ended up mailing me a copy of the 103-page Medical Chart in haste – by regular mail - in no apparent order, not numbered, no explanation of the importance of each item, or its relevance to the acts of discrimination I had brought. The importance of the documents are required, but by presenting the bundle of documents as a single ‘document’, they got away with claiming that it showed the care provided to me, the Applicant.<br />
<br />
Even at the time I asked the Legal Support Centre what was meant by the term document, and got only a vague answer. I suspect now it is one of those things that enable trickery to be played out, and by putting off dealing with the matter, as I described in an email earlier on Friday to the HRT, after receiving the Respondent’s From 11, but before the Interim Decision had been made, the Lawyer, or the HRT itself, can influence the outcome in the direction they prefer, and that is, that the doctor get off and I get blamed for being picky over requesting a numbered copy when according to the Respondent’s lawyer, she had already sent one to me, a claim that the Interim Decision-maker, Londoner Dawn Kershaw, took as truth because, well, she’s a lawyer and doesn’t lie.<br />
<br />
If that Medical Chart is allowed to be used in its entirety at the hearing, I needed to know that the copy the HRT received at the end of December was numbered, and was numbered the same as my copy, on which I wrote the numbers myself, from 1 to 103.<br />
<br />
The other requests I made were all denied. So my 8 pages and 2 audio recordings are up against his 103 pages, and according to this decisionmaker, as well as the previous one, it’s okay that the doctor doesn’t give the relevance of each of the items. So he can make claims on the pages which will be taken as truth simply because he is a doctor.<br />
<br />
I was denied more time to prepare for the hearing. And my request to have the hearing taped was denied, though I am permitted to tape it myself as along as I transcribe it afterwards and provide copies to the Respondent and the HRT. But even if I do that, the audio tapes of the hearing are not to be made public, Kershaw says.<br />
<br />
This is not a good situation. No wonder some women who try to get justice give up and walk away. And it’s not only men who give them a hard time during such proceedings. It’s women, too.<br />
<br />
<h3>
<b>Added Monday, January 25, 2016 </b></h3>
<h3>
<b>The aim of this HR</b><b>T Application</b></h3>
<div>
<b><br /></b></div>
<div>
<div style="display: inline !important;">
Within the last few days something has become clear to me. My efforts over the last months had been focused on having the doctor take responsibility for explaining why he thought each of the items (most consisting of one or two pages) of the 103 page ‘Medical Chart of Ms McPherson’ were important or relevant to the hearing, and to have the hearing delayed until that matter could be resolved. Only recently have I realized that the refusal of the Interim Decision makers, Laurie Letheren and Dawn J Kershaw from the Human Rights Tribunal, to deal with the matter effectively and fairly, instead, informing me each time that I have to raise these matters at the hearing, was not only avoiding the issue and another example of ‘diffusion of responsibility,’ but a senseless decision – not even making sense.</div>
</div>
<div>
<div>
<br /></div>
<div>
These are the options the adjudicator will have, if these Interim Decisions and Case Direction are raised at the hearing. She can say, No, there is no good reason why the doctor should have to defend his view that the entire Medical Chart should be allowed, since he has already given his reason, that it describes the care provided to the Applicant. And then it will be up to me to prove otherwise, I suppose – if I get the chance - although by now I have only 8 pages of documents and my word is worth nothing in the eyes of the HRT. And by having to do that, it takes time away from the reason for having the hearing in the first place – the Doctor’s discriminatory practices and attitudes towards me.</div>
<div style="font-weight: bold;">
<br /></div>
<div>
On the other hand, the adjudicator might agree that the doctor should explain the relevance or importance of the documents he is relying on – in the 103-page Medical Chart. But how? Would he be required to do so right then, in the Chamber of Commerce room where the hearing is to be held, while the rest of us wait? Or would the adjudicator simply announce that this Decision should have been made beforehand and refuse to deal with it. The Medical Chart would stay, and it would have been seen by the adjudicator, and he could pull any pages from it he wanted to – words written by him, or his receptionist, making negative comments about me that I would then feel obliged to refute, making the hearing more about me than him. Those are three possibilities, but in truth we have no idea what the adjudicator will say or do.</div>
<div>
<br /></div>
<div>
In her Case Direction of January 22, 2016, Ms Kershaw wrote that she thought I was “unhappy” with her “failure to address” another Interim Decisionmaker’s decision (Letheren), but it was not her role to do so, she said. In fact - and I did express this thought - it is her ability not to look beyond the earlier Decision, instead, making the same decision, reinforcing the earlier error not to adjourn the hearing to deal with the relevance issue that was the problem, as well as not examining the relevance of the Medical Chart nor have the doctor do so well before the hearing. </div>
<div>
<br /></div>
<div>
I had put it this way, in an email on January 21 to the HR caseworker and the Respondent’s lawyer, about Kershaw’s Interim Decision of January 15, saying, in part, </div>
<div>
<br /></div>
<div>
“<i>I asked that the decision-maker re-evaluate the material, but Ms Kershaw seems to have left out an inportant docuemtn - a Form 11 by (the lawyer), dated Jan 11. It's hard to know for certain because Ms Kershaw did not give dates to the Forms she was talking about, But it sounds like it. It is that Form 11 that stood between the first Form 10 of mine and what she refers to as my "amended version." Actually, it was not amended, It was a new Form 10 (Jan 12, 2016) made building on what (the lawyer) had written. </i></div>
<div>
<i><br /></i></div>
<div>
<i>If she doesn't come to understand this now, she certainly won't at the hearing, where there is little time to think. It sounds to me like she already has her mind made up and that this process and hearing is a farce.</i>” (S McPherson, email Jan 21, 2016).</div>
<div>
<br /></div>
<div>
This is an <a href="http://suemcpherson.blogspot.ca/p/excerpt-from-hrt-form-10-january-12.html"><span style="color: purple;">excerpt from Form 10 (Jan 12, 2016)</span></a> submitted by me in response to the Respondent’s Form 11 (Jan 11, 2016) that Kershaw ignored and that formed the basis of my later email comments about this process and the HRT being a farce.</div>
<div>
<br /></div>
<div>
In response, in her Case Direction of Jan 22, Kershaw referred to the email, saying, </div>
<div>
<br /></div>
<div>
“<i>With respect to the applicant’s comments about my making decisions and her characterization of the hearing and the process as a farce, I would caution the applicant that Rule A7.1 of the tribunal’s Rules of Procedure states:</i></div>
<div style="font-weight: bold;">
<i><br /></i></div>
<div>
<i>All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceedings.</i>” (HRT Rules of Procedure, Kershaw, January 22, 2016, Case Direction, 2015-20652-I).</div>
<div>
<br /></div>
<div>
I have laid a complaint against Dawn Kershaw with the SJTO (Social Justice Tribunal of Ontario), which means, I understand, that my concerns will go right back to the Human Rights Tribunal for them to deal with as they please. As I said most recently, the Human Rights Tribunal is a farce. Perhaps it works for some people, but not for this particular case of discrimination. See details of the incidents of discrimination:<br />
<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-on-urine-street.html"><span style="color: purple;">Statement on "street drugs", urine sample and termination</span></a><br />
<a href="http://suemcpherson.blogspot.ca/p/dec-2015-statement-pelvic-renal.html"><span style="color: purple;">Statement on pelvic renal ultrasound incident</span></a></div>
<div>
<br /></div>
<div>
One thing they - the lawyer for the Respondent and the HRT caseworkers and Interim decisionmakers - have been successful at is keeping me tied up with fighting this injustice of the Medical Chart and keeping the focus on it instead of the incidents of discrimination I am saying were perpetrated by the doctor. And now, it is Dawn Kershaw who is the problem – the person who will be the adjudicator at the hearing.</div>
<div>
<br /></div>
</div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-63892887600293475132015-09-20T15:14:00.001-04:002015-11-15T12:29:28.595-05:00Human Rights Tribunals: privacy and transparency Added Nov 15, 2015: An Interim Decision was made on October 8, 2015. See more in the note below, at the end.<br />
<br />
The purpose of this is to explain part of the process of the Human Rights Tribunal, using one aspect of my own experience and how that relates to privacy laws in health care, and accountability of physicians and other health care workers, and the accountability and transparency of those organizations meant to resolve problems that occur. The example I am using is of my own Application to the Human Rights Tribunal, April 14, 2015, of discrimination on the grounds of my sex, family and marital status, and age (for more details, see <a href="http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html"><span style="color: purple;">Health care among single, older women – a case of discrimination for OHRT</span></a>).<br />
<br />
On Aug 26, 2015, I made a Disclosure to the lawyer of the Respondent. The Disclosure was required according to the Rules of Procedure, providing him with copies of the documents I would be relying on at the hearing, as “arguably relevant” documents.<br />
<br />
I received nothing from the other side by the deadline (September 1, 2015) given by the HRT, in the Rules as being three weeks after they notified us (on August 11) of the dates of the hearing (February 10 & 11, 2016). September 1st was the date by which both sides were to have sent to the other a list and copies of documents they thought may be relevant to the issues raised in the case.<br />
<br />
Backing up for a moment, I must say here that only one item had been listed in the Important Documents section of the Respondent’s Response to my Application (received July 27, 2015). That one item was my Medical Chart, for all the time I was with the doctor in question, from September 2012 until spring of 2014. I submitted my Form 3 reply to the new points raised in the Response on Aug 12 (having had an extension, due to the original due date, August 7, being less than 2 weeks away from when I received the Response) though not responding to the idea of having his entire Medical Chart about me being available for him to pick and choose from at the hearing, or for it to possibly influence the adjudicator. Since no items – appointment dates, specialist reports, etc – were listed, I had no idea whether what was included was a complete set, or whether what would be sent to me, finally, was complete. And at the same time, more or less, received the notice from the HRT about the dates of the hearing, requiring me to then send a Disclosure to the Respondent by Sept 1, which I did, as noted in the previous paragraph.<br />
<br />
But now, having not received a Disclosure of arguably relevant documents from the Respondent by September 1, and not agreeing anyway with the idea of my privacy into my medical records being made available in that manner, I discovered that I could complete a request for an Order on a Form 10 and submit it to the HRT, using the Production of Documents part to request a copy of the document - my Medical Chart. To me, the chart wasn’t “arguably relevant,” at least not in its entirety, but I decided to submit Form 10 anyway, requesting that the Dr itemize the Medical Chart and send only those items he was planning on using at the hearing in February. Also, I requested under ‘Other’ that for privacy reasons, the entire chart not be produced at the hearing, thus, not sent to the HRT’s adjudicator (see <a href="http://suemcpherson.blogspot.ca/p/personal-health-information-protection.html"><span style="color: purple;">excerpt from PHIPA, Personal Health Information Protection Act, 2004</span></a>). Formally, these were the requests I made in writing, and sent to the lawyer for the Respondent and to the HRT:<br />
<br />
<b>Request for an Order for the Production of Documents</b><br />
<i>I am requesting, first, with conditions, that the Respondent, the Dr, produce relevant sections of the document he named in his Response (July, 2015). I also request that he particularize those sections of the Medical Chart that he plans to use at the hearing. </i><br />
<br />
<b>Other Request: that the Medical Chart of Ms McPherson not be used in its entirety</b><br />
<i>I am requesting that the Respondent not rely on the Medical Chart of Ms McPherson in its entirety, for this Application at the hearing, as that would be an invasion of privacy under the law, such as under PHIPA, the Personal Health Information Protection Act, 2004. I request that he selects only those items he plans to use, explains why each is important, and provides a copy of them for the Applicant. </i>(Question 3, Form 10, September 9, 2015)<br />
<br />
I wrote out a <a href="http://suemcpherson.blogspot.ca/p/request-for-order.html"><span style="color: purple;">detailed explanation of my reasons for making these requests in Form 10, Question 4,</span></a> and sent a copy of the Form 10 to both the Respondent’s lawyer and to the Human Rights Tribunal Registrar/caseworker.<br />
<br />
About two weeks later (September 17th) I received a copy of the Medical Chart from the lawyer, obviously not itemized as there was no list, and no explanation of why the Respondent thought each entry in it was important, or arguably relevant, or whether it was complete at all, and of course, reaching me well after the due date for a Disclosure.<br />
<br />
This wasn’t what I had hoped for. After all that explaining, the lawyer had simply sent off what appeared to be an unsorted file of my medical records, not particularized, and with no acknowledgement in the cover letter that I had sent to her a completed Form 10 with pages of info and explanations. There was a brief email discussion between the lawyer and myself, which also went to the caseworker. But in the end, the caseworker said that the Form 10 Orders would go to a ‘decision maker’ to resolve. Already, I can picture another person getting involved in this situation who knows nothing about the Application, and would have to start from scratch reading up on it, and being pressured to make a fair decision on whether my Medical Chart should be allowed to be taken into consideration and whether it needs to be particularized. What’s more, the lawyer now has the opportunity to respond to my Form 10 request before the decision maker considers it, and the decision maker gets to see what she says about it, including the fact that she has sent me a copy of the Medical Chart already, by that point.<br />
<br />
One might ask, at this point, why did the lawyer quickly send me a copy of the Medical Chart, when it was overdue by practically two weeks, and when it was not what I asked for?<br />
<br />
I feel that her sending the ‘document’ to me – the Medical Chart – altered the dynamics of the situation, whereby a ‘decision maker’ might just as easily say, Well, it’s been sent to the Applicant now, so leave it at that. And the Applicant did make out a Form 10 request for Production of Documents . . . . .<br />
<br />
The Rules of Procedure say the Respondent must send their ‘arguably relevant’ documents by a certain date, but don’t say what happens if they are not sent by that date, except that I can request them if I choose to, through submitting a Form 10, in this case for Production of Documents.<br />
<br />
I don’t want this to end up being a matter later interpreted by the Respondent as me being the one to request the Medical Chart. Details are so easy to skim over, and if the fact is that I submitted a Form 10 for the Production of Documents, which I did, the assumption could well be that I considered them ‘arguably relevant’.<br />
<br />
This Application to the Human Rights Tribunal is supposed to be about the actions and behaviour of the Respondent, not about me having to defend myself against false accusations and distortions of the truth made by the Respondent and his colleagues in documents in my Medical Chart. <a href="http://suemcpherson.blogspot.ca/p/request-for-order.html"><span style="color: purple;">My response to Question 4 of the Form 10</span> </a>goes into more detail about the idea of truth, and who gets to be believed in this world and who doesn’t. It also brings in the matter of the<span style="color: purple;"> <span style="color: purple;"><a href="http://suemcpherson.blogspot.ca/p/human-rights-tribunals-privacy-and.html"><span style="color: purple;">longer transcript of the April 28, 2014 office appointment</span></a>,</span> </span>and the accusations made against me by the Respondent in his Response to my Application, that I shouted at his staff after the appointment ended. <br />
<br />
I have presented in my Application only 2 examples of discrimination, both of which I believe I have the evidence to uphold. I could write at length, too, about the behaviours of the Respondent, but I have no proof of much of it. But when the Dr says something, and writes it down, it seeme from what I have seen elsewhere that it is taken as truth.<br />
<br />
I might not have known about Form 10 and the right to request a production of documents and the right to request privacy of medical information, had not the Respondent failed to make a Disclosure of the ‘document’ named in the Response – the Medical Chart. I have no access to a lawyer who can foresee such issues arising and be able to advise me. Of course, the other side of that is that no mention of the reason for the importance of the Medical Chart was mentioned in the Response, and its relevance might have been difficult to explain. I have never said the doctor did not provide some good health care towards me. If he hadn’t done something worthwhile, it wouldn’t have taken me so long to acknowledge the unprofessionalism and poor judgement in his treatment of me, and he would have been seen, at least by me, as not worthy of being a physician. Rarely is someone totally one or the other – all bad or all good.<br />
<br />
A physician is someone who is subject to certain standards in his profession. Too many errors of judgement, incidents of rudeness, trivializing the patient’s concerns, and judging me on the basis of my sex, and family and marital status, and age is what can lead to the realization that he is discriminating against me. Saying, “The report is back. You’re fine,” isn’t serious on its own, but amongst so many other incidents, it becomes relevant, an indication that he doesn’t care, and isn’t doing his job. When I go to him about ankle pain, or a swollen knee, and the first question he asks is How does that affect your driving,” one has to wonder. And when medications I have been taking for a number of years are questioned, and changed, for no good reason or without informing me when I go to him to have prescriptions renewed, it made me wonder. And why was I treated like a walk-in patient, having to have my prescriptions renewed by hand, with the risk of mistakes being made, and being denied having access to Tylenol 2 with codeine, 2 per day, as though that was a large amount and I might abuse the privilege of having relief from pain. Read in my blog, <a href="http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html"><span style="color: purple;">Health care among single, older women – a case of discrimination for OHRT</span></a>, for details about that and the unnecessary pelvic renal ultrasound he sent me for. He wasn’t behaving like a family doctor should. <br />
<br />
The HRT caseworker had assured me a while back that if the due date were approaching and I hadn’t sent a required document, that he would request it. That was in response to my requesting confirmation when he received documents I sent to him. But he didn’t request from the Respondent the ‘important document’ named by the Respondent in his Response, which surely must have been intended to be sent as an ‘arguably relevant’ document to me as a Disclosure. The caseworker accepted my Form 23, declaring I had sent my own Disclosure to the Respondent, but it didn't jog his memory to ask the Respondent for his list of arguably relevant documents in a Disclosure. And my sending my Disclosure to the Respondent didn’t lead him – or her, the lawyer – to send their own Disclosure to me.<br />
<br />
For me to do the requesting of my Medical Chart, through a Form 10, resulting in a conglomeration of largely unexplained and unidentified items quickly being sent to me (although more than two weeks overdue, not the ‘documents’ I asked for, and not mentioning they were in response to my Form 10), would have made it appear that it was me who believed they were ‘arguably relevant,’ unless the decision maker took more time to read what I wrote than the lawyer did. It is possible the lawyer was attempting to cover up a mistake, and was hoping the ‘decision maker’ would overlook it and accept her sending of the documents, though past the deadline, without examining closely what I wrote in Question 4 of Form 10. But the lawyer wouldn’t have realized her error of omission had I not pointed it out when I sent her the Form 10. And then what?<br />
<br />
It’s too easy for the Human Rights Tribunal to take short cuts, to not be transparent in its process, and to simply make important decisions without the Applicant knowing what’s going on, for instance, who the decision maker is in terms of position if not by name, and his expertise, especially in the area of privacy in health care. This situation has now been left in the hands of the Respondent’s lawyer, who gets to write a response to my Form 10, and the decision maker for the HRT, who makes a judgement on the Form 10 I submitted. He could have her send a list of itemized documents from the Medical Chart, and agree with me that the privacy of my medical records is important, or he could just say, Well she has sent it now, so that’s good enough. And then she will send a copy to the HRT in December, the relevance of which the Respondent will not be obliged to explain, even if it gives a false impression of me, while falsely presenting him in a better light.<br />
<br />
<h4>
<b>Note: Added Nov 15, 2015: </b></h4>
<div>
<b><br /></b></div>
<div>
An Interim Decision was made on October 8, 2015, granting the Respondent and lawyer their requests, regarding their Disclosure – my medical chart. It was declared by Laurie Letheren, an adjudicator with the HRT, that my requests were premature. The material was delivered to me, although not organized properly, some of it not relevant and none of it argued to be relevant, and not itemized, no reason stated for its importance other than it demonstrated the care I received from the doctor, and it was sent a little late. But at least I got them, I think she was saying. </div>
<div>
<br /></div>
<div>
If the Respondent decides to particularize the documents, s/he may do so when required to send the documents to the Tribunal (deadline December 29th) in preparation for the hearing early in February. But again, s/he may not. There has been no warning given by the adjudicator to the lawyer to itemize the documents. It’s just a collection of undecipherable documents, much of it, with no explanation of why each page of the seemingly random collection is relevant. At least, that much should have been done. Then, by the end of December, s/he would be able to decide, presumably, which documents she is going to use at the hearing. </div>
<br />
Also added to List of Resources, on Nov 15, ‘Health-care system in need of more transparency, report says’ (The Star, Nov 12, 2015).<br />
<br />
<h3>
Resources</h3>
<br />
Health care among single, older women – a case of discrimination for OHRT<br />
April 12, 2015<br />
<a href="http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html</span></a><br />
<br />
Health-care system in need of more transparency, report says [added Nov 15, 2015]<br />
C.D. Howe Institute says there should be more public reporting on patient experience within Canada’s health-care system.<br />
By Theresa Boyle, Health<br />
The Star<br />
Nov 12, 2015<br />
<a href="http://www.thestar.com/life/health_wellness/2015/11/12/more-transparency-needed-in-health-system-report.html"><span style="color: purple;">http://www.thestar.com/life/health_wellness/2015/11/12/more-transparency-needed-in-health-system-report.html</span></a><br />
<br />
<div>
New health legislation will improve transparency</div>
By Olivia Carville, Staff Reporter<br />
The Star<br />
Sept 19 2015<br />
<a href="http://www.thestar.com/life/health_wellness/2015/09/19/new-health-legislation-will-improve-transparency.html"><span style="color: purple;">http://www.thestar.com/life/health_wellness/2015/09/19/new-health-legislation-will-improve-transparency.html</span></a><br />
<br />
Personal Health Information Protection Act (PHIPA), 2004, S.O. 2004, c. 3<br />
Government of Ontario<br />
<a href="http://www.ontario.ca/laws/statute/04p03#BK1"><span style="color: purple;">http://www.ontario.ca/laws/statute/04p03#BK1</span></a><br />
retr Sept 17, 2015<br />
see excerpt here: <a href="http://suemcpherson.blogspot.ca/p/personal-health-information-protection.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/p/personal-health-information-protection.html</span></a><br />
<br />
<br />
<br />
<br />
<br />
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com1tag:blogger.com,1999:blog-19557752.post-3190610566482605902015-09-13T13:29:00.003-04:002016-01-02T04:12:17.800-05:00CPSO: transparency in the complaint process<h3>
Update, Sept 22, 2015 </h3>
As of Sept 22, 2015, still no response from the CPSO. For further details see end of this entry for Sept 13, 2015.<br />
<span style="font-weight: normal;"></span><br />
<br />
<br />
In June, 2014, I submitted a complaint with the College of Physicians and Surgeons (CPSO) against my family doctor, who had acted unprofessionally, disrespectfully, and administratively insensitively towards me. At this point, September, 2015, I am waiting for the Inquiries, Complaints and Reports Committee to determine whether they think I have a case worth taking any further. Their decision will be based, in part, on what they receive from the Investigator assigned to my case. In the following look at correspondence and methods of seeking the truth of the matter, I will use the situation of the ENT specialist and my ongoing ear problems as an example of the lack of transparency in the process of the CPSO complaints system, and their inadequate methods of seeking answers. The ear/ENT problem is only one of many behaviours and decisions I was concerned about, but here I will focus only on this one.<br />
<br />
<h3>
Letters, Reports, etc</h3>
<br />
Two weeks ago, on August 31, 2015, I wrote the following brief letter to the CPSO Investigator assigned to deal with matters to do with the complaint I had brought against my family doctor over a year earlier, in June, 2014. There was nothing left to say, I assumed, and this would be going to a committee who would determine whether my complaint was worth looking into further. My concern now is whether the Investigator herself was biased in her approach to the summary, documents and other evidence she was preparing for the Inquiry Committee for the College of Physicians and Surgeons.<br />
<br />
<i>Dear [CPSO Investigator],</i><br />
<i><br /></i>
<i>Thank you for your letter of Aug 21, 2015 informing me that the committee has met and that I can expect to receive their decision in approximately 4 months. </i><br />
<i><br /></i>
<i>I am wondering if I could have a copy of the statement they received about the case from you, and a list of any documents they took into account, also sent to them by you. There is very little transparency in this process, and I need to have more information about what the committee gets to see as I read their decision. </i><br />
<i><br /></i>
<i>Sincerely,</i><br />
<i><br /></i>
<i>Sue McPherson</i> (Aug 31, 2015)<br />
<br />
I regret now that I did not ask her specifically, had she received my July 14 response to her previous letter of June 26, 2015. That was my last chance to tell my side of the story and to respond to claims made by my family doctor. She neglected to acknowledge receiving that letter. <a href="http://suemcpherson.blogspot.ca/p/july-14-2015-earent.html"><span style="color: purple;">I will reproduce part of that letter here</span></a>, just the part that applies to this matter of the ENT specialist and my family doctor/gp’s handling of that situation of my ear problems.<br />
<br />
I have not yet received a response to my letter of August 31, 2015.<br />
<br />
Backing up in time, to February, 2015, I noted that I had asked the same question, about what the committee got to see and base their decision on. I wrote, <br />
<br />
<i>“How much information am I able to have on this procedure, for instance, the report you provide for the Committee or just their final report?”</i> (McPherson, Feb 9, 2015).<br />
<br />
The Investigator had responded, less than two weeks later,<br />
<br />
<i>“As the investigator in this case, it is not my role to accept, deny, or "uphold" a physician's response, or take one person's word over another. It is my role to gather relevant information, but not to provide my opinion on the information gathered. Nor is it my role to elaborate on, or explain [the doctor's ] response. Consideration of the physician's response rests with the Inquiries Complaints and Reports Committee (ICRC), and I do not participate in their discussion or decision-making. Please note that the ICRC is a screening committee; not an adjudicative body that assesses credibility or makes findings of fact” </i>(Investigator, CPSO, Feb 18, 2015).<br />
<br />
Skipping a couple of months of letters back and forth, the Investigator wrote on April 13, 2015, documenting in a list the reports, letters and responses she felt were important for the committee to see, saying,<br />
<br />
“<i>I am now in the process of preparing the information received for review by the Inquiries Complaints and Reports Committee (ICRC); it will be a review of the documentation gathered and audiotapes, and neither the physician nor the complainant attend”</i> (Investigator, CPSO, Apr 13, 2015).<br />
<br />
Despite having claimed earlier that she was objective in her role as Investigator, she wrote, regarding the particular report from the ENT specialist,<br />
<br />
<i>“For your interest, I have learned during the course of this investigation that although you saw [the ENT specialist] in August, 2013; it appears that his report was not sent to [your family doctor] until Mar 5, 2013</i> (Investigator, CPSO, Apr 15, 2015).<br />
<br />
I was dismayed at this. She wasn’t saying that the ENT specialist “claimed” or “explained” that the report did not go out in good time, but says instead in her letter that “it appears that” it was not sent until 7 months after the appointment, implying that was what the situation was. One of the issues I had, that I referred to before, was that I was never permitted to see the report sent by that specialist, when I asked my gp what the report had said, though he did say he had it there, just not for my eyes to view. <br />
<br />
I wrote a <span style="color: purple;"><a href="http://suemcpherson.blogspot.ca/p/2015-apr-26-excerpt-from-letter-to-cpso.html">response on April 26, 2105 (see excerpt here)</a></span> to the investigator, but have no idea if that letter got included in the documents sent to the Committee (ICRC), as the list of documents she sent to me was in the letter dated April 13. <br />
<br />
Over time, I have expressed many thoughts on the bad treatment I received at the hands of my family doctor, and in this letter, I tried to make clearer what happened in that entire incident of the “ear” problem with the ENT specialist. While the investigator relies on documents and so-called facts, my approach, however, is to look at the circumstances of the incident itself - circumstantial evidence, I believe would bewhat it is called.<br />
<br />
The Investigator wrote again on April 30, 2015,<br />
<br />
<i>“[The ENT specialist’s] report documented the date Aug 20, 2013, as the date of the appointment. [His] report does not document the date that he wrote the report, however there was only one report written which was faxed to [the family Dr] on March 5, 2014. There is no evidence that [the family Dr] had a report prior to that date”</i> (Investigator, CPSO, April 30, 2015).<br />
<br />
This sounds very much as though the investigator is taking the ENT specialist’s word for it - he said he only wrote one report (7 months after the appointment) so that must be way it happened. What chance do I have at receiving justice if physicians’ words are taken as truth and mine are not? My family doctor said to me that he had received the report, early on in September or August of 2013, but wouldn’t let hear what was in it. I attempted to find out what the report said on more than one occasion, from my gp, but eventually gave it up as a lost cause. Now, however, the entire incident has become one more example of the ill-treatment I received at the hands of my gp.<br />
<br />
One question I have now is, was my <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=8691299468643668173;onPublishedMenu=pages;onClosedMenu=pages;postNum=1;src=pagename"><span style="color: purple;">l<span style="background-color: white;">etter of April 26, 2015 (see excerpt)</span></span></a> added to the list of documents that I first saw in the letter of April 13, 2015, or was it ignored because it wasn’t an official document or report? The letter would explain some of the problems over the ENT specialist’s appointment and report - the misunderstandings, the thoughtless choice of ENT specialist in a particular setting which did not apply to me, the two ultrasound reports even though one was redundant, and my family doctor/gp not wanting to allow me to read the report, leading to further confusion in the doctor’s office as I requested another appointment with an ENT specialist, which happened to be for 18 months in the future. Experiencing much pain at the time, I requested that I see an ENT specialist sooner than that, which resulted in another appointment being set up, and confusion overall.<br />
<br />
Another question I have is whether the <span style="color: purple;"><a href="http://suemcpherson.blogspot.ca/p/july-14-2015-earent.html">response I wrote on July 14, 2015 (see Ear/ENT excerpt)</a></span>, was added to the list of documents intended for the ICRC, since I received no acknowledgment of it in the Investigator’s letter of August 21, 2015. As I stated in that letter,<br />
<br />
<i>“The main problem with the appointment on March 4, 2014 that [my gp] refers to in his letter, in “Audiotape of March 4 Meeting” is not that he raised his voice but that I made it [the appointment] for the purpose of discussing the administration of my ear problem; in fact, I made a point of telling the receptionist that when I made the appointment. However, at the appointment, as the tape recording indicates, [my gp] immediately moved away from discussing the problems of the 3 ENT referrals to asking once more about my ear and examining it. Strangely, he never once mentioned the non-existent report from [the ENT specialist], even though that ENT appointment had been more than 6 months earlier. At the beginning of that appointment on March 4 I did not mention the report from [the ENT specialist] as on other occasions he had told me it was for his eyes only, saying it was private, not for the patient to read. I had hoped we could move past that” </i>(McPherson, July 14, 2015).<br />
<br />
At the end of that office visit about Ear/ENT matters I handed him a letter
requesting a copy of the report <span style="color: purple;"><a href="http://suemcpherson.blogspot.ca/p/2014-march-4-appt-with-dr.html">(<span style="color: purple;">see transcript of excerpt of Mar 4, 2014 appointment</span>)</a></span>. And now, there is complete denial on his part, and of the ENT
specialist, and of the Investigator, that I asked for the report soon after the
original ENT appointment, but did not receive it from my family Dr until very
recently, via the Investigator, who seemed to be claiming it was the original –
the first and only – report.<br />
<br />
Furthermore, my letter expands again on the issues to do with the referral to the ENT specialist and that appointment – see 2nd paragraph from <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=7772921497129070045;onPublishedMenu=pages;onClosedMenu=pages;postNum=0;src=pagename"><span style="color: purple;">Ear/ENT excerpt from my unacknowledged letter to the CPSO Investigator, July 14, 2015</span>.</a><br />
<br />
<h3>
Language - wording of CPSO Complaint Form and in the Investigator’s letters</h3>
<br />
It’s also regrettable that there was confusion about the wording of the terms on the original CPSO complaint form - mentioning “other physicians who provided medical care” interpreted by the Investigator to mean “physician witnesses” (not involved in medical care but who had something to add) whereas I would have been more interested in having “health care witnesses,” such as receptionists and nursing assistants who witnessed or played a part in the incidents themselves. Left to the CPSO, however, the aim would appear to be (there’s that word again, demonstrating bias) to have only physicians being granted the right to speak, and only physicians the right to be believed, from all appearances.<br />
<br />
I have given examples from letters written by the Investigator of how she views the words of a physician more truthful than the words of the patient. I can only hope she didn’t display this attitude in her submission to the Inquiries Complaints and Reports Committee. Lack of transparency isn’t the only problem with the CPSO and the health care system’s ways of dealing with problems, but without transparency - at the very least sharing with the complainant what the Committee is seeing, what we have is a complaints system in which the Investigator holds the power to influence the Committee if s/he chooses to do so, or even if due to unrecognized biases.<br />
<br />
<h3>
Transparency</h3>
<div>
<br /></div>
Last year, the subject of transparency within the CPSO was introduced by MPP Steven Clark in a private member’s bill – Bill 29 – in Parliament. His concerns were focused on transparency in notifying the public of complaints, and of the investigation results, rather than about the process itself. And his concern was mainly for the families of people who had lost loved ones unecessarily, through carelessness or negligence. But those aren’t the only kinds of situations that are harmful to patients and their families. And while I would not agree that a physician’s future has always to be dampened or lost completely by being publicly disgraced, through making errors of administration or judgement, there surely are times when the public should have the right to know more details than they are currently allowed to know. My concern, however, is the lack of transparency in the process of making a complaint and having it addressed.<br />
<br />
Having to rely on one person – an Investigator – assigned to a deal with a complaint, is less than ideal. If the CPSO Investigator chooses to withold information from letters written, that are not in the format of a ‘report’ made by a physician, she can do so, leaving the complainant virtually helpless to have their voice heard.<br />
<br />
<h3>
Update, Sept 22, 2015. </h3>
<br />
I have not yet received a response from the Investigator of my complaint to my letter of August 31, 2015. Today I wrote to Ms Sandy McCulloch, CPSO Director of Investigations and Resolutions (copy to Ms Katja Lutte, Manager of Investigations and Resolutions), explaining the situation and my concern that my complaint may not have been dealt with fairly. Specifically, I mentioned my last two letters (August 31 and July 14, 2015) to the Investigator assigned to my case, to which I have received no response. <br />
<div>
<br /></div>
<h3>
List of resources</h3>
<div>
<br /></div>
<a href="http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=3055&detailPage=bills_detail_status"><span style="color: purple;">Bill 29, Medicine Amendment Act, 2014</span></a><br />
<a href="http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=3055&detailPage=bills_detail_status">http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=3055&detailPage=bills_detail_status</a><br />
<br />
<a href="http://www.thestar.com/life/health_wellness/2014/10/20/bill_would_require_doctor_cautions_complaints_to_be_public.html"><span style="color: purple;">Bill would require doctor cautions, complaints to be public</span></a><br />
By Marco Chown<br />
The Star<br />
Oct 20 2014<br />
<a href="http://www.thestar.com/life/health_wellness/2014/10/20/bill_would_require_doctor_cautions_complaints_to_be_public.html">http://www.thestar.com/life/health_wellness/2014/10/20/bill_would_require_doctor_cautions_complaints_to_be_public.html</a><br />
<br />
<a href="http://shawnwhatley.com/doctors-blame-shame-ontario-bill-29/"><span style="color: purple;">Doctors’ Blame and Shame – Ontario Bill 29</span></a><br />
By Shawn Whatley<br />
Oct 25, 2014<br />
<a href="http://shawnwhatley.com/doctors-blame-shame-ontario-bill-29/">http://shawnwhatley.com/doctors-blame-shame-ontario-bill-29/</a><br />
<br />
See also, list of topics on the right of blog screen, for more on this subject.<br />
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-14891751572371518092015-07-29T20:52:00.001-04:002015-07-29T20:56:28.248-04:00Mediation and the Human Rights Tribunal of Ontario - will it work for everyone?Following is my email response to a suggestion that I might like to try mediation to resolve the problem I had with my previous family doctor. See email below mine for copy of that email from the Human Rights Tribunal, received today, July 29, 2015.<br />
<br />
In April, 2015, I submitted an application to have the case heard by the tribunal. I had already had a taste of the kind of response I was likely to get from the doctor in question, from having laid a complaint about him with the CPSO (College of Physicians and Surgeons of Ontario). I am concerned that no one is actually looking at the Application I submitted, or taking time to compare that with the Response the doctor sent to that. As with emails sent to the Registrar of the HRT, it is more likely that a customer service rep reads my response and decides what to do with it – file it or toss it, or hand it to someone else to deal with, than it actually gets into the hands of the individual whose name is on it .<br />
<br />
<br />
----- Original Message -----<br />
From: Sue McPherson<br />
To: Brennenstuhl, Keith (MAG)<br />
Sent: Wednesday, July 29, 2015 4:58 PM<br />
Subject: Fw: Human rights Application ---------- Susan McPherson v. ----------<br />
<br />
Dear Mr Brennenstuhl,<br />
<br />
Tell me this: how am I supposed to respond to the lies and distortions of truth he tells in his Response, that he isn't required to show evidence for? Am I just supposed to tell my "interpretation" in my Reply? Am I allowed only to add new facts if I can back them up with evidence? What is this - a game of he says, she shows evidence of? And if he says more than what she has evidence of, he wins?<br />
<br />
You would have to convince me that anything could possibly be accomplished through mediation in this situation before I would agree to it. So far, the doctor hasn't admitted to any wrongdoing or poor judgement in my attempts to have this resolved, here or elsewhere, so I just don't see how mediation can help.<br />
<br />
When I looked it up online, briefly, I saw that mediation was useful in cases where, for instance, a young person had committed a minor crime against a homeowner, and once found guilty, legally, the process of mediation could begin. That, and cases where married couples are divorcing, and I imagine, for the sake of the children, mediation is offered in order to ease the path for future tolerance of their situation, in which due to the children, their paths might well cross occasionally. Neither of those scenarios fit this one. The doctor has not admitted to anything, and in fact is blaming me for behaviour that he has invented, or must be imagining (and wishing to hold me accountable for), such as shouting at him and his staff.<br />
<br />
We have no mutual interests that would require our paths to cross again, since my health and well-being is obviously not one of his, and he appears to have no desire to educate himself in matters of ageing, ageism, and discrimination on the grounds of gender and family status, from the looks of things.<br />
<br />
I can see how for the doctor to choose mediation would act in his favour, as he can only benefit from presenting himself as willing and cooperative, for starters, and then, not having admitted to any of the things he has done, he has an advantage right from the start. It could only lead to me having to defend myself against accusations he makes (which he has already started to do) for which he doesn't have to present evidence, as he is a doctor, and I am only an older woman living alone without family beside me to grant me credibility.<br />
<br />
No, mediation isn't going to work, unless something really changes in a hurry; for instance, the doctor admits to lying about me and being disrespectful, and to distorting incidents that happened and trivializing my concerns, and agrees to attend courses and programs that hopefully would contribute to making him a better doctor to people in similar circumstances as me.<br />
<br />
Sincerely,<br />
Sue McPherson<br />
<br />
<br />
----- Original Message -----<br />
From: Brennenstuhl, Keith (MAG)<br />
To: s.a.mcpherson@sympatico.ca<br />
Sent: Tuesday, July 28, 2015 12:05 PM<br />
Subject: Human rights Application ------------- Susan McPherson v. ----------<br />
<br />
Ms. McPherson,<br />
<br />
In reviewing this file I note from the Response that the respondent has agreed to try mediation to resolve your Application. In your Application, you have not indicated a willingness to try mediation. Mediation is one of the ways the Tribunal tries to resolve disputes and it is highly recommended by the Tribunal. It is a less formal process than a hearing. If mediation does not settle all the issues between the parties, a hearing will take place at a later date. Mediation can only happen if both parties agree to it. Please let me know by return email if you are willing to try mediation. Thank-you.<br />
<br />
Keith Brennenstuhl<br />
<br />
Vice-chair<br />
Human Rights Tribunal of Ontario<br />
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-36234151422886444842015-07-16T20:47:00.004-04:002015-09-13T14:23:26.817-04:00Doctors and the CPSO - women growing olderAccording to the latest letter I have received from the CPSO, my case is now going under review, to see if they think it is worth taking to the committee or will be dismissed. I have written many letters to them over the last year, responding to questions and letters from them with details about the doctor - my family doctor, that I laid the complaint about.<br />
<br />
Usually, when patients lay a complaint, it is because something of great magnitude has happened – a loved one has died while in their care, or there has been sexual abuse, or outrageous acts of unprofessional or negligent behaviour. I didn’t see my experience as any of those, at least not until the last official appointment with that family doctor, in April, a year ago.<br />
<br />
Before then, I had approached a local organization, the London and District Academy of Medicine, LDAM, to help resolve problems I had had with the doctor in question, who had been my family doctor for about a year and a half. I had thought that, as a doctor opening a new practice, that it was stressful and needed time to adjust to, and so thought his attitude and ways of communicating, as well as organizational methods, etc, would improve over time. However, as time went on, I came to realize he wasn’t improving. In fact, his attitude and ways of conducting his practice were getting worse. Moreover, it was obvious he didn’t want me as a patient, in fact, he asked me to find a new doctor, something I was reluctant to do due to the difficulty in finding one in the first place. Surely, a doctor should be able to do his job, treating patients that come to him, without having personal biases interfere.<br />
<br />
Recently, I have come to think that he was treating me as a walk-in patient, not as one of his registered patients. Having to go to his office every three months to have prescriptions renewed, by hand, not on the form, at the risk of errors being made, was just one example of that. Although the pharmacy provided a form that had the items on it to be checked off, he required me come in so he could do it by hand, which itself resulted in the occasional mistake and further consultations with the pharmacy, and another trip to the doctor to sort it out.<br />
<br />
There came to be an accumulation of instances by him of unprofessionalism, including lack of attention to the details of making referrals, discussing reports, prescribing medications, demeaning comments, trivializing my health concerns and in general, offering a lack of quality time in assessing what treatment I needed - five minutes or so, but not enough. At the end of the my time with the doctor as his patient, however, I felt I had been subjected to more than what I should have had to put up with, and in a manner that was more than disrespectful. It was an attack on me as a human being - as a woman, an older person, and as a single person living in a separate city from other family members.<br />
<br />
It was as though he had no time for me. And sometimes, it seemed as though some things that happened that were harmful to my health and sense of wellbeing were done on purpose. Possibly what happened to me was not any worse than how many long-term Canadian doctors are towards their ageing patients, at least the ones they see as being a burden on the system.<br />
<br />
It was a year ago that I laid the complaint against my previous family doctor. CPSO stands for College of Physicians and Surgeons of Ontario. For the most part the CPSO seems to be an organization for the benefit of the doctors, so having one’s complaint dealt with in a serious manner is no easy matter. I wrote on my blog almost a year ago about my first encounter with the ‘investigator’ at CPSO. See <a href="http://suemcpherson.blogspot.ca/2014/07/cpso-complaints-against-ontario-doctors.html"><span style="color: purple;">‘CPSO complaints against Ontario doctors’</span></a>. More recently, not having much faith left that the second assigned CPSO investigator was addressing my concerns objectively, and having come to see what happened in terms of discrimination and not only as bullying, abuse and lack of attention to the administrative aspects of his practice I decided to open a case of discrimination against the doctor with the Human Rights Commission of Ontario. See on my blog, <a href="http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html"><span style="color: purple;">‘Health care among single, older women – a case of discrimination for OHRT’</span></a>.<br />
<br />
A while back I also founded a discussion list on Yahoo - <a href="https://ca.groups.yahoo.com/group/AgeismHealthCA"><span style="color: purple;">Ageism in Canada's health care system</span></a>. Anyone wishing to join would be welcome, to discuss issues of concern, whether for the young-old at home, or in hospital, or the old-old, in long term care homes.<br />
<br />
The subject of health care among those growing older is so wide I decided to start with my own experience in this blog piece and see where it leads. Twenty-five years ago I studied ageing while at Western University (was UWO), and wrote several essays and research papers as well as conducting interviews with older people – mainly of close to retirement age, about their experiences and thoughts on the subject. Several of these are on my website – the <span style="color: purple;"><a href="http://www.diversityinretirement.net/"><span style="color: purple;">Diversity in Retirement website</span></a>.</span><br />
<br />
I started my first website with a research essay about my grandmother, Gertrude McPherson, which also was about aging, actually about the life cycle and how women (she was born in 1882) were able to contribute to society and achieve fulfilment over the course of their lives. And of course, for many, that meant marrying and having children. Along the way she became a missionary (in Hong Kong), an artist and art teacher, was married and raised three daughters, and wrote a book, The Grey Cottage, hence the title of my new photo essay, adapted from the original 2001 edition, <span style="color: purple;"><a href="http://samcpherson.homestead.com/GertrudeMcPhersonandtheGreyCottage.html"><span style="color: purple;">Gertrude McPherson and the Grey Cottage</span></a>. </span><br />
<br />
My interest in aging and life cycle development started while at Western University, where I went many years after graduating from high school in Woodstock, Ontario. Taking courses on sex and gender, and aging and the life cycle in Sociology, while I was going through my own midlife changes put me on the path I would take, researching these areas of study and more. No career came of it, though I started the websites and have continued to do research.<br />
<br />
<br />
<h3>
List of resources</h3>
<br />
Ageism in Canada's health care system<br />
Yahoo discussion group<br />
founded by Sue McPherson<br />
Feb 25, 2015<br />
<a href="https://ca.groups.yahoo.com/group/AgeismHealthCA"><span style="color: purple;">https://ca.groups.yahoo.com/group/AgeismHealthCA</span></a><br />
<br />
Baby boomers, longevity, and health care<br />
Sue’s Views on the News<br />
April 9, 2012<br />
<a href="http://suemcpherson.blogspot.ca/2012/04/baby-boomers-longevity-and-health-care.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/2012/04/baby-boomers-longevity-and-health-care.html</span></a><br />
<br />
CPSO complaints against Ontario doctors<br />
Sue’s Views on the News<br />
July 30, 2014<br />
<a href="http://suemcpherson.blogspot.ca/2014/07/cpso-complaints-against-ontario-doctors.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/2014/07/cpso-complaints-against-ontario-doctors.html</span></a><br />
<br />
Diversity in Retirement website<br />
Sue McPherson<br />
since 2004<br />
<a href="http://www.diversityinretirement.net/"><span style="color: purple;">http://www.DiversityinRetirement.net</span></a><br />
<br />
Gertrude McPherson and the Grey Cottage<br />
photo essay by Sue McPherson<br />
adapted 2015 from 2001 essay<br />
<a href="http://samcpherson.homestead.com/GertrudeMcPhersonandtheGreyCottage.html"><span style="color: purple;">http://samcpherson.homestead.com/GertrudeMcPhersonandtheGreyCottage.html</span></a><br />
<br />
Healthcare: Technology is a bigger cost driver than demography<br />
By Julia Belluz<br />
Macleans<br />
February 10, 2012<br />
<a href="http://www2.macleans.ca/2012/02/10/healthcare-technology-is-a-bigger-cost-driver-than-demography/"><span style="color: purple;">http://www2.macleans.ca/2012/02/10/healthcare-technology-is-a-bigger-cost-driver-than-demography/</span></a><br />
<br />
Health care among single, older women – a case of discrimination for OHRT<br />
Sue’s Views on the News<br />
April 12, 2015<br />
<a href="http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/2015/04/health-care-among-single-older-women.html</span></a><br />
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-51368183869456799592015-04-12T13:16:00.000-04:002016-01-02T04:21:39.465-05:00Health care among single, older women – a case of discrimination for OHRT Added April 23, 2015: transcript of short 6 minute excerpt of audio recording of Dr’s appointment April 28, 2014.<br />
<br />
This week, on April 10, I submitted an application to the Human Rights Tribunal of Ontario (OHRT), alleging discrimination by my family doctor on the grounds of sex; family and marital status; and age. The general area of discrimination I filed it under was ‘Goods, Services and Facilities,’ specifically, ‘Medical/health services’. <br />
<br />
I had already tried to resolve the matter, or various aspects of it, through LDAM, the London and District Academy of Medicine, with no success, then filed a complaint with the College of Physicians and Surgeons of Ontario (CPSO), in June, 2014. I have received very little feedback on that, except that it is still in progress, I am told. While the CPSO complaint is directed largely towards a lack of professionalism in general in the behaviour, attitude, and practices of the doctor, the application for the HRT is about specific incidents and situations that reflect discriminatory attitudes as well as practices that discriminate on grounds covered by the Code.<br />
<br />
The CPSO form was quite vague in the way it asks for information, and even though I included headings under which I thought the behaviour or attitudes would fall, the first investigator immediately changed it to what she saw as the problem. Having the “investigator” be the one who decides what will be told to the Committee is hardly reassuring. While they may claim to be unbiased, even the fact they claim to be suggests they aren’t. If a person cannot acknowledge normal human frailties, but think they are superhuman in their ability to be objective, how can we have faith in their decisions? I especially did not like the CPSO’s decision to file my complaint under the heading “Communication and termination” as it seemed to minimize what happened, and to clinically sanitize, as it were, what was really going on – the biases the doctor held and the actual incidents of bullying, harassment, and unprofessional behaviour.<br />
<br />
I decided to go forward with the application with the Human Rights Tribunal, based on grounds covered by the Human Rights Code. What this means is that, in this case, I have stated in the application that my HRT complaint is on the grounds of sex (meaning male or female); family and marital status; and age. I have focused on two incidents only (and their ramifications), and gone into greater detail on these two incidents than I did in the original CPSO complaint. One incident was an ultrasound test I was sent for, which not only created much discomfort and risk but seemed to be altogether unnecessary. The other event was an appointment with the doctor which turned into a scenario of outright hostility and the outrageous and uncalled for demand that I submit to a urine test for what he called “street drugs” (see <span style="color: purple;"><span style="color: purple;"><a href="http://suemcpherson.blogspot.ca/p/susan-mcpherson-attached-to-blog-april.html"><span style="color: purple;">excerpt of transcript of 6 min audio recording of April 28, 2014 appointment</span>)</a></span>.</span><br />
<br />
The human rights tribunal application is a more structured form than the CPSO complaints form, although perhaps it also makes a difference that over this last year my thoughts on this period in my life have become clearer, in terms of their significance, so I am better able to express them, and more concisely.<br />
<br />
Below are the headings for my responses to the questions on the two incidents and for their effect on me, and why I believe it was discrimination, for the Human Rights Tribunal. To read, follow the links to the pages. The information is the same as what appears in the application itself, though I have not disclosed the name of the doctor who is the subject of the complaint.<br />
<br />
The two events are described in terms of what, who, when and where. Following that is an explanation of the effect it had on me.<br />
<br />
1. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=6928309296185449065;onPublishedMenu=pages;onClosedMenu=pages;postNum=0;src=pagename">Pelvic renal ultrasound incident </a> and Effect on me of Pelvic renal ultrasound incident<br />
<br />
2. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=2113765188459003817;onPublishedMenu=pages;onClosedMenu=pages;postNum=3;src=pagename">Urine sample, “street drugs” and termination</a><br />
Effect on me of Urine sample, “street drugs” and termination<br />
<br />
The last part directly addresses the matter of discrimination, and why I believe I was discriminated against. For this part, the starting point is the type of discrimination. And the three types of discrimination are 1. sex, 2.family and marital status, and 3. age. For each of these, I explained why I believed I was discriminated against, eg., starting with ‘sex,’ I told how I was discriminated against on the basis of being female. For ‘family and marital status’ my focus was on not having family close by, nor a husband, and how that can affect quality of health care. And finally, age, the one factor that seems to have everyone concerned about the burden older people are presumably putting on the health care system – or some of us, at least.<br />
<br />
These are the three areas I wrote about, on the HRT application, explaining why I believe I was discriminated against:<br />
<br />
3. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=3748392689082640986;onPublishedMenu=pages;onClosedMenu=pages;postNum=2;src=pagename">Discrimination on the grounds of sex</a><br />
Pelvic renal ultrasound test<br />
Urine sample, “street drugs,” and termination<br />
<br />
4. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=6803406505004858803;onPublishedMenu=pages;onClosedMenu=pages;postNum=1;src=pagename">Discrimination on the grounds of family and marital status</a><br />
Pelvic renal ultrasound incident<br />
Urine sample, “street drugs,” and termination<br />
<br />
5. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=54813934272017756;onPublishedMenu=pages;onClosedMenu=pages;postNum=2;src=pagename">Discrimination on the grounds of age</a><br />
Pelvic renal ultrasound incident<br />
Urine sample, “street drugs,” and termination <br />
<br />
There were other questions asked on the application form. See links following for my responses:<br />
<br />
6. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=7896948410241790625;onPublishedMenu=pages;onClosedMenu=pages;postNum=8;src=pagename">Remedy I am asking for</a><br />
<br />
7. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=3127806825006773134;onPublishedMenu=pages;onClosedMenu=pages;postNum=8;src=pagename">Why the other proceeding (LDAM) could not deal with my complaint</a><br />
<br />
8. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=1671122371828476555;onPublishedMenu=pages;onClosedMenu=pages;postNum=7;src=pagename">Other important information the tribunal should know</a><br />
<br />
9. <a href="https://www.blogger.com/blogger.g?blogID=19557752#editor/target=page;pageID=1972913925183971191;onPublishedMenu=pages;onClosedMenu=pages;postNum=6;src=pagename">Practices and policies complained about</a><br />
<br />
In my responses, I have quoted from other sources, though I had virtually no advice on how to go about this HRT process and am not sure I did this the way they wanted me to. I can only hope it will be taken seriously. It certainly was serious for me. Regardless of what happens, I want it to be known that this is what I experienced. Whether it was a unique kind of situation, or one that others have experienced, I do not know, although I do know that discrimination on the grounds of sex, as well as on the grounds of family and marital status, and age, exists in various ways within the healthcare system.<br />
<br />
<br />
<span style="font-size: large; font-weight: bold;">List of References </span>used in the application form questions on discrimination for the HRTO<br />
<br />
Ageism: Concepts and Theories, Law Commission of Ontario, 2009. Retr Jan 20, 2015<br />
<a href="http://www.lco-cdo.org/en/older-adults-lco-funded-papers-charmaine-spencer-sectionII">http://www.lco-cdo.org/en/older-adults-lco-funded-papers-charmaine-spencer-sectionII</a><br />
<br />
Code Definitions (I), Code Protections for Relationships (III), POLICY AND GUIDELINES ON DISCRIMINATION BECAUSE OF FAMILY STATUS, OHRC. March 28, 2007. Retr March 22, 2015. <a href="http://www.ohrc.on.ca/">http://www.ohrc.on.ca</a><br />
<br />
Collaborating with Patients and Others, Duties: To the Patient. Principles of Practice and Duties of Physicians. CPSO Policies and Publications. Retrieved March 26, 2015.<br />
<a href="http://www.cpso.on.ca/Policies-Publications/The-Practice-Guide-Medical-Professionalism-and-Col/Principles-of-Practice-and-Duties-of-Physicians">http://www.cpso.on.ca/Policies-Publications/The-Practice-Guide-Medical-Professionalism-and-Col/Principles-of-Practice-and-Duties-of-Physicians</a><br />
<br />
Defining Discrimination Based on Family Status, OHRC Policies etc on family status. Retr Jan 25, 2015 <a href="http://www.ohrc.on.ca/sites/default/files/attachments/Policy_and_guidelines_on_discrimination_because_of_family_status.pdf">http://www.ohrc.on.ca/sites/default/files/attachments/Policy_and_guidelines_on_discrimination_because_of_family_status.pdf</a> <br />
<br />
Ending the Physician Patient Relationship, CPSO Policies and Publications, Sept 2008.<br />
Retrieved March 26, 2015.<br />
<a href="http://www.cpso.on.ca/Policies-Publications/Policy/Ending-the-Physician-Patient-Relationship">http://www.cpso.on.ca/Policies-Publications/Policy/Ending-the-Physician-Patient-Relationship</a><br />
<a href="http://www.cpso.on.ca/CPSO/media/uploadedfiles/policies/policies/policyitems/ending_rel.pdf?ext=.pdf">http://www.cpso.on.ca/CPSO/media/uploadedfiles/policies/policies/policyitems/ending_rel.pdf?ext=.pdf</a><br />
<br />
Incontinence: The Canadian Perspective, Cameron Institute, Canadian Continence Foundation, Dec 2014. Retr Mar 25/15.<br />
<div>
<a href="http://www.canadiancontinence.ca/pdfs/en-incontinence-a-canadian-perspective-2014.pdf">http://www.canadiancontinence.ca/pdfs/en-incontinence-a-canadian-perspective-2014.pdf </a> </div>
<br />
‘Physicians and the Ontario Human Rights Code’, Policy Number:#5-08. Policy Category: Practice, Publication Date: December 2008, Introduction. Retrieved Feb 22, 2015.<br />
<a href="http://www.cpso.on.ca/Policies-Publications/Policy/Physicians-and-the-Ontario-Human-Rights-Code">http://www.cpso.on.ca/Policies-Publications/Policy/Physicians-and-the-Ontario-Human-Rights-Code</a><br />
<br />
‘Principles of Practice and Duties of Physicians,’ Policies and Publications, CPSO website. Retr March 24, 2015. <a href="http://www.cpso.on.ca/Policies-Publications/The-Practice-Guide-Medical-Professionalism-and-Col/Principles-of-Practice-and-Duties-of-Physicians">http://www.cpso.on.ca/Policies-Publications/The-Practice-Guide-Medical-Professionalism-and-Col/Principles-of-Practice-and-Duties-of-Physicians</a><br />
<br />
<br />
<br />
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-49431995163374220172014-07-30T23:51:00.002-04:002014-10-07T22:48:47.694-04:00CPSO complaints against Ontario doctors<b>See additional info added Friday, Aug 8 & Tuesday, Aug 12, 2014; one paragraph revised Aug 18, 2014; minor revisions throughout and update Sept 2, 2014, paragraph added Sept 3, 2014).</b><br />
<br />
Today, in the newspaper - July 30, 2014 - the suggestion was made that complaints about Ontario doctors be made public (see Make all complaints about Ontario doctors public). Trial lawyers aren’t the only ones in favour of this potential exposé of the College of Physicians and Surgeons of Ontario, an organization supposedly meant to protect the province of Ontario’s public and not only its physicians. Commenters on the article in the Star had the opportunity to express their views, if only for a few hours, before the comments section was closed to further comments. Those comments still remain, for anyone interested. It is one aspect of the health machine on which proponents of an improved health system have not yet been able to give their views, in only due to the secrecy involved in dealing with complaints by the public.<br />
<br />
As chance would have it, today was also the first call I received from someone from CPSO in response to the complaint I submitted a month ago. I’m not sure, from our brief chat, however, that my complaint is being taken seriously. She started off speaking in such a shrill voice that I thought she must be new to the job, and a bit nervous. She also spoke too loudly for me to hear her without holding the telephone receiver a few inches away, and even then, her voice was muffled and unclear. Combined with that were various interruptions, from being cut off for a few seconds to scratchy background noises, as indicated in these <a href="http://samcpherson.homestead.com/files/mp3/2014_July30_3excerpts_CPSO_323.mp3"><b><span style="color: purple;">excerpts from the CPSO's rep's ten minute phone call </span></b></a>, combined in one MP3 - 3 minutes long - and playable on various media. It's difficult to get across how it felt to receive this phone call from this supposed investigator, who seems to be so unprepared and unprofessional (Paragraph revised Aug 18, 2014).<br />
<br />
I eventually asked the CPSO contact to call back, after she had sorted out the problem with the new system she said she was using. When I inquired, she said she had been doing this job for 7 years, though it seems to me she was quite disorganized and had not even made herself familiar with the letter of complaint I sent to her. She didn’t act like a person who was representing the CPSO and dealing with an official complaint. She sounded more like a receptionist - a particular receptionist with the same habit. I’m not sure what kind of way that is some women have, of speaking three octaves higher than what’s normal. Is it done intentionally, or just a bad habit, I wonder.<br />
<br />
The girl from CPSO, said she had dealt with this kind of case before and I asked what kind of case, exactly, and she responded “communication” and “termination.” To me, the kind of case it was and the kind of treatment I received while under the doctor’s care was more of an abuse problem than one of his inability to communicate well. And it was not so much that he decided to “terminate” me than the way he did it. Apparently, doctors can get rid of a patient, if they have good reason, and if they contact the CPSO and inform them, and provide reasons. That’s not how it happened in this case. I don’t consider myself a difficult person, and especially under such circumstances where my health depends on the good will of the doctor, I am not going to make life difficult for him. I always think a person deserves the benefit of the doubt.<br />
<br />
<div>
The girl informed me about the process of an investigation, which involves her
collecting information from me, then writing up her own "unbiased" report, and
sending it to the committee of doctors and other members of society who would
examine the case and rule on it. She said to me that she had sent to the doctor
a copy of the letter of complaint that I had submitted to the College but had
not yet requested a response from him. Instead, she was calling me and asking me
about what was already in the letter of complaint, that she appears not to have
read too thoroughly. She wondered what was most important, what I would like to
see happen from this, and I could only respond with several important issues, as
I saw it, not just one or two. <br />
<br />
As far as this girl who called from the CPSO to deal with my case, I have
already given her the benefit of the doubt, and there is little doubt left. And
that goes for the doctor, too. I had already tried to have this situation
resolved through the London & District Academy of Medicine, in a letter
presented at their board meeting, with no response at all from them, except to
find a new doctor. I presented them in writing with what at first was a minor
issue but which soon evolved into something more serious. And yet these issues
were not dealt with at all in the written response I received, nor in the
telephone conversation I had with the President.</div>
<br />
While many readers from the discussion on the article in the newspaper agree that
it would be a good idea to make cases public, there can be no agreement how that
would happen. If the CPSO is left to make them public, there needs to be a
standardized complaints form for the main issues that are the basis of the
complaint, or to describe what the problems were. As it is right now, when I
attempted to complete the form, I found that the issues I listed as concerns –
"manipulative, hostile, and bullying tactics," "rushed decision-making,
irrelevant treatments and tests," and "unprofessional, lack of attention to
maintaining records" did not match up precisely with the details I wrote about
in the letter of complaint. The girl from the CPSO seems to have picked out a couple of items
with the intent of focusing on them, apparently, when I speak with her next,
after she has sorted out her new telephone system. So instead of seeing the
entire time I spent with the doctor as a pattern of abuse, she appears to want
to simplify it into a couple of specific problems. The form itself, as it
stands, requires a list of behaviours, or areas of concern. She has taken those
that I listed and changed them into two areas of concern – or two issues –
"communication" and "termination." But that doesn’t cover it. It doesn’t make
sense.<br />
<br />
To be continued<br />
<br />
<b><span style="color: purple; font-size: large;">Added Friday, Aug 8, 2014</span></b><br />
<br />
I could speak at length about this, as there are so many things about not only the doctor himself but now, the person assigned to look into what happened, not to mention the complaints form itself.<br />
<br />
The CPSO girl and myself spoke again the day after, on July 31. Her telephone was still not working as it should, her voice coming across loud and unclear at times. I found it difficult to talk to her and answer her questions as, like the doctor himself, she seemed to be missing the point or unable to understand, or chose to go off on a tangent – or perhaps use information retrospectively, to try to explain something that had not yet happened.<br />
<br />
She did ask, at one point, did I still want him as my doctor, an indication that she did not comprehend one main aspect of my complaint, that the doctor quit, and did so suddenly, without a closing-out period to wind up, which is not the way the CPSO directs their physicians to “terminate” (her words) a patient.<br />
<br />
Up to that point, when the doctor became exceptionally hostile and mean, I was still thinking that we might be able to work things out. But it is as though one must not bring shortcomings to some doctors’ attention, but simply put up with it, which I did for over a year, in this case.<br />
<br />
So, she asked me if I still wanted him as a Dr and I said no. But the doctor did make accusations against me, in a letter to me. And was I expected to be happy about the idea of this man still being my doctor, after receiving this letter? What did she think, that I would want to still have him as my doctor, or was she going to use this statement of mine to imply in the formal report that I was going to quit the doctor anyway?<br />
<br />
The CPSO girl also asked me whether the doctor had sent the final closing-out letter by registered mail. But that information was also available in the material I had sent to her. Perhaps there was too much to read through, or was she going to try to find a trivial matter to lay on the doctor, as an explanation for my insistence that he did not follow policy.<br />
<br />
As it stands, the doctor made accusations against me, and according to CPSO policy, if he does that he is supposed to back them up. Although I did make an attempt to find a new doctor after he sent the letter to me, I did not succeed, and soon decided that I should not be the one to quit, as I did previously with a former doctor who had written nasty, untruthful comments about me in a letter of termination.<br />
<br />
Doctors can do this – become unlikeable, thus an encouragement to the patient to leave the practice. I realize because of my research and writings, and somewhat controversial views, that some individuals and groups in society might not appreciate what I have to offer. So if being unkind doesn’t work, the doctor can then resort to harsher methods, such as blaming it on the patient in writing, after which, normally, I imagine, the patient would become only too willing to seek another doctor and try to put the past behind her. I know I did, the first time. And I now I suspect, from a comment made by the President of the London & District Academy of Medicine, that my past did come back to haunt me (via the letter written by the first doctor) and was being used against me in this new scenario with the doctor under complaint.<br />
<br />
Thus, despite encouragement by walk-in clinics, where I have had to go for treatment and prescriptions, I have not continued to seek a new doctor. I have had a doctor make false accusations against me. If I let them go, they will stand as truth. So I am obliged to speak out. What’s more, it is entirely possible that the CPSO girl has misunderstood to such an extent that the real issues won’t even get looked into, possibly no farther than his not using registered mail to send his final letter to me.<br />
<br />
How it stands at this time, after a second talk on July 31, with the same girl, she is going to contact the doctor and have him respond to some of the issues we have discussed, and I have a feeling they are not going to be the ones I asked about in my letter of complaint. <br />
<br />
<b><span style="color: purple; font-size: large;">Update Tuesday August 12, 2014</span></b><br />
<br />
Today I sent a letter to the Registrar, CPSO, explaining that the person assigned to my case was distorting what I said to her on the phone, ignoring what I had written in my letter of complaint, and generally, appeared to be either completely on the side of the doctor in question or just enjoying her position of power as mediator/troublemaker in this case. I stated in my letter to the Registrar (dated Aug 11, 2014) that I would like to have someone else take over, that I will not speak with her again; I also requested a copy of the letter she informed me she had sent (the second letter) to the doctor I made the complaint about. But now, to return to the main problem . . . <br />
<br />
This is about the doctor and letting him know what I hope to accomplish by making this official complaint. There was no space on the form to state what I hoped would come from it. If the girl had read what I wrote originally, however, she would see that it was implied in the details I gave. I would like to have my reputation restored, that was harmed by his harsh attitude towards me on April 28, 2014, at his office. I need to have another doctor, and trying to obtain one while having unexplained problems with a previous doctor makes it more difficult. Of course, a patient with chronic medical issues, and with no apparent connection with the community, might be seen as not worth taking on. For these reasons I need to have the doctor take responsibility for his behaviour towards me, which was uncalled for.<br />
<br />
So to make it clear, contrary to what the girl has assumed in her letter dated Aug 1, I am not seeking a new doctor. I have not derostered myself in order to be able to take on a new doctor. The doctor has made accusations against me in a letter to me, part of the method of termination of a patient. But he needs to stand by those claims, and not simply allow his claims about me to drop by having me deroster myself. I did not deserve to be treated the way I was at the end, nor from the start, as it happens. Why the doctor did so, and what other people – other girls in the secretarial pool said to him I don’t know. I just want this done with so I can find a doctor to look after my health concerns as I grow older.<br />
<div>
<br />
<b><span style="color: purple; font-size: large;">Update Tuesday, Sept 2, 2014</span></b><br />
<b><span style="color: purple; font-size: large;"><br /></span></b></div>
<div>
On Aug 29, 2014, I sent a <span style="color: purple;"><b><a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Aug_29_CPSO_S_McCulloch_bl.JPG"><span style="color: purple;">letter to the CPSO - to Sandy McCulloch</span></a></b></span>, the Director, and Associate Registrar, Investigations and Resolutions.<br />
<br />
The letter was a followup to the letter I wrote about two weeks ago, on Aug 11, to The Registrar, from whom I never did hear back – though I did get a response to the letter from the girl investigator. I have decided not to post here the letters she - the girl - has sent me as they would only draw the readers away from the complaint I made, which is probably her intention.<br />
<br />
I am trying to get her taken off my case and someone put on it who hopefully would treat my complaint with sensitivity instead of making a joke of it and taking the doctor’s side.<br />
<br />
Added Sept 3, 2014)<br />
One main point in all this is that the doctor terminated me as his patient, with no follow up of current medical issues, and made accusations against me in the letter he sent to me. And yet it appears that I am expected to deroster myself formally so that I am able to register with another doctor instead of having to attend walk-in clinics and see whoever is available. But if I deroster myself with the Ministry of Health, then he is off the hook and doesn't have to explain his questionable comments about me. And it is these remarks and accusations by him that I would like the CPSO to investigate so that they can be shown for what they are - as distortions and untruths (paragraph added Sept 3, 2014).</div>
<div>
<br /></div>
<div>
<br />
<br />
<br /></div>
Reference List<br />
<br />
Hospitals and doctors must make openness a top priority: Editorial (added Aug 8, 2014)<br />
The Star<br />
Jul 29 2014<br />
<a href="http://www.thestar.com/opinion/editorials/2014/07/29/hospitals_and_doctors_must_make_openness_a_top_priority_editorial.html">http://www.thestar.com/opinion/editorials/2014/07/29/hospitals_and_doctors_must_make_openness_a_top_priority_editorial.html</a><br />
<br />
Make all complaints about Ontario doctors public: trial lawyers<br />
By: Theresa Boyle<br />
The Star, Health<br />
Wed Jul 30 2014<br />
<a href="http://www.thestar.com/news/gta/2014/07/30/make_all_complaints_about_ontario_doctors_public_trial_lawyers.html#"><span style="color: purple;">http://www.thestar.com/news/gta/2014/07/30/make_all_complaints_about_ontario_doctors_public_trial_lawyers.html#</span></a><br />
<br />
<div>
Should cautions issued to health professionals be publicly reported? (added Aug 8, 2014)<br />
by Jeremy Petch & Mike Tierney<br />
Healthy Debate.ca<br />
Feb 7, 2013<br />
<a href="http://healthydebate.ca/2013/02/topic/quality/should-ontarios-regulatory-colleges-publicly-report-cautions">http://healthydebate.ca/2013/02/topic/quality/should-ontarios-regulatory-colleges-publicly-report-cautions</a></div>
<div>
<br /></div>
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com9tag:blogger.com,1999:blog-19557752.post-35767793660785160842014-01-19T14:49:00.001-05:002014-02-15T17:55:07.807-05:00London City Council: controversies relevant to the 2014 election<br />
Added Feb 15, 2014: Background information and <a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Nov_MyLetterEditor_Nov17_Vandalism.doc">Letter to the Editor</a> re article and comments on vandalism in London depicting male genitals and a swastika.<br />
<br />
Added Jan 22, 2014: An additional controversy over a workshop to encourage female candidates to run as councillors. Due to the Comments’ section having been deleted from the web page online, see article and comments as saved on my website: ‘<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_OutgoingWard5CounJoniBaechlerWomenElection.doc"><span style="color: #660000;">Outgoing Ward 5 Coun. Joni Baechler will be joined by other former and current female politicians in running a workshop to encourage London women to run in the upcoming municipal election</span></a>,’ by Carl Hnatyshyn, Jan 21, 2014). It’s disillusioning when comments on such a controversial issue are excluded from the London Free Press online, where readers might get a chance to see what others in the community think about it.<br />
<br />
=====================================================================<br />
<br />
Following are a selection of articles, including comments’ sections if available - even though incomplete - providing a sample of the issues affecting Londoners. Now that an election is drawing closer for the election on Oct 27, 2014, of London's Mayor, Ward Councillors and School Board Trustees, how some of the scandals and other problems within London, Ontario, have been handled might be of interest.<br />
<br />
Key words are included with each of the articles and Letters to the Editor listed in the reference list below. For some of those articles and Letters, an additional link is provided, to my website, which will include a more complete list of comments than the comments in the official version.<br />
<br />
For the most part, the articles and Letters sections I have selected are ones I contributed comments to, in a local London newspaper, which offers a place for discussion of relevant issues, or at least it did, for me, even though a good number of my comments were being deleted by moderators. If my perspectives weren’t welcome, that is unfortunate, but that doesn’t seem to me to be a good enough reason for them to be deleted in such quantities as they were, and eventually, in my not being able to have submissions approved. In a city such as London – a university city - where a diversity of viewpoints should be expected, I am disappointed that mine were not considered acceptable in that rather biased environment. I am not the only person to run into the problem of overzealous moderation, of having comments removed for no reason, though not everyone who complains about it had good reason to; rather, they might be using that tactic to suggest that they have no personal advantage in that forum.<br />
<br />
I have gathered the articles from the London Free Press (LFP) online, from which I am now banned from expressing online where other residents and outsiders are offered the freedom to do so, in a forum that, except for me, could be considered informative and vibrant. One purpose is to provide interested readers a variety of viewpoints on these issues, including my own. Another is to have my views reinserted into the sections from where they have been removed, as much as possible, and to have them available to readers, who might otherwise only be getting to read the ‘acceptable’ views on some of these issues.<br />
<br />
Since my research interests include gender and sexuality and class divisions, I tend to focus on these when the subjects appear in the news, not just to advertise my blog, as I am so often accused of, but to attempt to get other views across, and not simply the traditional views, or the increasingly sexualized views that so many people have in today’s world.<br />
<br />
Prostitution is now a national issue, with the impact of legalizing brothels holding the possibility of a changed London. It might be a subject some don’t want to discuss, but fortunately, it has been, to some extent, mentioned within the pages of the LFP. Keeping in mind that tactics to silence me and distort what I say are not uncommon, I include pieces on the subject of prostitution as well as related pieces on things sexual (see on my website, <a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec_24.doc"><span style="color: #660000;">Letters to the Editor, Dec 24, 2013</span></a>, Dec 23, 2013; and <a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec30.doc"><span style="color: #660000;">Letters to Editor, Dec 30, 2013</span></a>, Dec 29, 2013). See also on a CBC news video what a former sex worker in London, Ontario, has to say about the changes in the law: ‘<a href="http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Ontario+Morning/ID/2391336443/"><span style="color: #660000;">Former Sex Worker Opposes Legal Brothels</span></a>' (video, by Wei Chen, June 14, 2013.<br />
<div>
</div>
The issue of an image of Katy Perry on the side of a London bus by London City Transit (LCT) is one that was controversial but quickly dealt with and cast aside. It brings to mind another incident some time ago, in which London MP Irene Mathyssen objected to what she perceived to be an incident of sexism during a parliamentary session and ended up apologizing for mentioning it. I wrote about this on my blog, the only piece mentioned on this page that is not from the LFP. See ‘<a href="http://suemcpherson.blogspot.ca/2007/12/public-and-private-work-and-sex.html"><span style="color: #660000;">Public displays of private matters - Irene Mathyssen and James Moore</span><span style="color: #20124d;">’</span></a>, by Sue McPherson, Dec 7, 2007). <br />
<br />
More on Kate Perry, Sandy White, and the N-word is on pages 19-21 in Comments section on my website in ‘<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc"><span style="color: #660000;">London city councillor Matt Brown running for mayor in 2014 municipal election,</span></a>’ by Patrick Maloney, Jan 10, 2014 .<br />
<br />
The class divide includes issues of wealth and poverty, as well as the idea of class based on education and/or occupation. Both of these types of divisions come into play in some of the articles and comments. For discussions, see my saved versions of comments on ‘<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc"><span style="color: #660000;">London city councillor Matt Brown running for mayor in 2014 municipal election,</span></a>’ by Patrick Maloney, Jan 10, 2014; and ‘<span style="color: #660000;"><a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_DysfunctionalErraticABitOfADisasterLondon.doc"><span style="color: #660000;">Dysfunctional, erratic, even “a bit of a disaster</span></a>”</span>,' by Chip Martin, Jan 3, 2014.<br />
<br />
Term limits for councillors was a topic of discussion in one Letters to the Editor section, comments I had made being deleted for no apparent reason. The series of 3 comments is as follows, including a response that remains in the LFP version and my comments which was deleted.<br />
<br />
<i>********** S McP to J A (comment deleted)</i><br />
<i>If a previous councillor were encouraged to become a mentor to newcomers to local politics, it wouldn't be a matter of simply tossing them out, as you put it. The experience they gain in politics can be applied to other occupations, if they chose to, or after one or two terms out of office they might well go into it again.</i><br />
<i>We have already covered this in the other article's comments section, but here goes again. Just as many of the unemployed become exasperated at the request for 'experienced candidates only' restriction, so it must be in politics when people want to try but there is no encouragement. If there were permitted, no doubt it would be soon enough that they also came to be seen as "proven" and the "best." That's why all who can, who have something to offer, should have the chance, instead of the same ones over and over again counting on voters' loyalty to their name, or complacency when it comes to spending time on this important democratic process.</i><br />
<i><br /></i>
<i>P E to S McP</i><br />
<i>“If a previous councillor were encouraged to become a mentor to newcomers to local politics”</i><br />
<i>You might want to rethink that idea, and before you do, just consider one name, Orser.</i><br />
<i><br /></i>
<i>********* S McP to P E (comment deleted)</i><br />
<i>I said "if".</i><br />
<br />
End of selection of 3 comments, one of which is in <a href="http://www.lfpress.com/2014/01/06/letters-to-the-editor-jan-7-2#comment-1189967168"><span style="color: #660000;">Letters to Editor, Jan 7, 2014</span></a> (Jan 6, 2014).<br />
<br />
It seemed like a good idea – not a unique one, by any means, but not deserving of the putdown by the other commenter. For anyone considering the idea of mentoring, whether formally, through a program, or informally, the idea is to match up mentor and protégé, and not even to think that everyone was capable of being a good mentor or would want to be. And yet, it was my comments that got left out of the LFP version.<br />
<br />
Regarding Nazi symbols in London, what was most important, it seems, was whether the person creating them was wealthy or not, in other words, the economic class of the perpetrator, which would enable one to be privately open about their interests, the other, doing so publically, in public. See ‘<a href="http://www.lfpress.com/2013/11/16/vandal-defaces-downtown-london-business-with-swastika"><span style="color: #660000;">Vandal defaces downtown London business with swastikas</span>,</a>’ by Dale Carruthers, Nov 16, 2013; also see ‘<a href="http://www.lfpress.com/2014/01/10/martin-weiche-kept-hitlers-memory-alive-by-styling-his-london-estate-after-the-fuehrers-bavarian-retreat"><span style="color: #660000;">Martin Weiche kept Hitler's memory alive by styling his London estate after the Fuehrer’s Bavarian retreat,</span></a>’ by Jane Sims, Jan 10, 2014.<br />
<br />
===========================================================<br />
<br />
added Feb 15, 2014<br />
<br />
<a href="http://www.lfpress.com/2013/11/16/vandal-defaces-downtown-london-business-with-swastika"><span style="color: #660000;">The article about vandalism</span></a> focused mainly on the Nazi symbol – the swastika
– though there had been another image drawn on the window – male genitals,
mentioned briefly in the article but not at all in the comments. Eventually, I
noticed the reference to the other offending image, and was in the middle of
writing a comment about it to post online when Comments were close, just 24
hours after the article had been posted. Instead, I submitted it as a Letter to
the Editor, mentioning the omission of the other image from the title, and
deleted from the window before the police arrived, and ignored in the discussion
in the writeup. I received a notice saying the LFP had received my submission,
but it was not published in the Letters to the Editor section. This is the
Letter.<br />
<br />
<i><a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Nov_MyLetterEditor_Nov17_Vandalism.doc"><span style="color: #660000;">Letter</span></a>: Re <a href="http://www.lfpress.com/2013/11/16/vandal-defaces-downtown-london-business-with-swastika"><span style="color: #660000;">'Vandal defaces downtown London business with swastikas'</span></a> , Nov 16
by Dale Carruthers.</i><br />
<i><br /></i>
<i>"If the swastika offended the owner because it was so close to Remembrance
Day, why didn't the depiction of male genitals offend him as much, seeing as it
is so close to the Dec 6 commemoration of violence against women.</i><br />
<i><br /></i>
<i>Even though we know that male genitals have a good side to them, they do also
symbolize the harm that is done to women through rape. And many more women
suffer rape and sexual violence, surely, than Jews did what happened to them at
the hand of Nazis. So why is it this symbol of Nazi oppression and death
continues to haunt the world. Why will they (Jewish people, mainly) never let
what happened slip farther down in their consciousness! Why is this always a
reason to bring it up again, and again! <br />Rhetorical questions. </i><br />
<i><br /></i>
<i>The kids will learn about the Nazis in school, though each generation will
use the swastika symbol to shock. And they will continue to use the symbol of
the penis to shock, although it seems that in today's world most people don't
object to that "</i> (Sue McPherson). End of Letter to Editor.<br />
<br />
As with the Kate Perry images on the side of the city’s buses, some images
are deemed acceptable to show and to discuss, and some not. <br />
<span style="font-size: medium;"><span style="font-size: medium;">
<i>
</i></span><i>
</i><i>
</i>
<span style="font-size: medium;">
</span></span><br />
<br />
=========================================================<br />
<br />
Another question for council is why money has been granted for a study into how to help sex workers when two local women – a physician and a police officer - are already working on the front lines, doing what they can (<a href="http://www.lfpress.com/2013/09/29/in-person-dr-anne-bodkin-works-with-sgt-lorna-bruce-to-help-those-in-dangerous-unhealthy-street-level-trade"><span style="color: #660000;">In Person: Dr. Anne Bodkin works with Sgt. Lorna Bruce to help those in dangerous, unhealthy street-level trade</span></a>, by Randy Richmond, Sept 29, 2013; <a href="http://www.lfpress.com/2014/01/13/intention-to-get-women-off-the-streets"><span style="color: #660000;">Intention to get women off the streets</span></a>, by Randy Richmond, Jan 13, 2014. Obviously, the two are connected – the practical side of it and the research. But since the two women had already started working with sex workers, why was no mention made in the more recent article of how they view their efforts over the last three months. In contradiction to the thoughts of Megan Walker, I would think that focusing on ending prostitution isn’t really a reasonable possibility. Read also, <span style="color: #660000;"><a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec30.doc"><span style="color: #660000;">Letters to the Editor: Dec. 30, 2013</span></a>,</span> Dec 29, 2013). <br />
<br />
Language itself is a subject worthy of note here, as it is often used in such forums in ways that are deceitful and controlling. Specific examples can be viewed in Comments’ sections, for instance, about the use of the words ‘academic’ and ‘profession, and variations of them.<br />
<br />
The use of the term ‘academic’ became an issue in the comments section of ‘London city councillor Matt Brown running for mayor in 2014 municipal election, by Patrick Maloney,’ Jan10, 2014). On pages 24-25 in my copy of the article and comments, now saved onto my website ( <a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc"><span style="color: #660000;">http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc</span></a> ), I have restored the comments that I made during the discussion of the word ‘academic.’ The word was being used incorrectly, although resistance was great to accepting my viewpoint on that.<br />
<br />
Worse are intentional uses of language in ways that distort another’s words.<br />
See this, in my comment, “What will there be to indicate to boys and girls that sex is special, that it isn't something you go around having just for fun, with this person or that, or to get the job you want” (on my website: Comments, LFP <a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec_24.doc"><span style="color: #660000;">Letters to Editor, Dec 24, 2013</span></a> (Dec 23, 2013). My url<br />
<br />
The response, by P E, begins with a quote from that sentence: "that it isn't something you go around having just for fun," distorting what I said. Worse, my comment isn’t on the LFP website article and Comments’ section. Only P E’s response, taking part of the sentence out of context, leaving a completely inaccurate perception of the original sentence. It’s not hard to do that, and people who do aren’t demonstrating any sense of comprehension for what was said, only trickery, or duplicity in their responses.<br />
<br />
Another example of useless internet interaction was during a discussion on poppies – in colours red and white (<a href="http://www.lfpress.com/2013/11/07/letters-to-the-editor-nov-8"><span style="color: #660000;">Letters to the editor Nov 8, 2013</span></a>, Nov 7, 2013). Sometimes it seems as though a commenter may just be waiting until the other person makes a mistake, when he can then pounce on the offending party with everything he’s got. It’s another example of taking a phrase out of context, without considering anything else the commenter has said, but using the mistake as an opportunity to present basic knowledge on the issue, while belittling the other commenter for his or her apparent lack of knowledge. <br />
<br />
It is frustrating dealing with people who have an agenda that seems to be based more on winning, rather than discussion for the purpose of greater understanding or thinking of solutions. It’s even more frustrating to try to have a discussion when the intentions of others may not be that, but in fact may be to suppress information or certain commenters.<br />
<br />
It leaves the moderators in a difficult position, as they cannot read every comment for its meaning, or if they do, cannot be expected to get it right every time. So they end up taking sides, against commenters themselves, sometimes, or against the world views of the commenters, and not simply against individual comments.<br />
<br />
Other notable incidents in London’s recent history include the city hall being lit up in purple (<a href="http://www.lfpress.com/2013/11/15/goodden-now-a-whole-month-of-demonization-of-men-over-violence"><span style="color: #660000;">Now a whole month of demonization of men over violence</span></a>, by Herman Goodden, Nov 15, 2013), and an announcement of a partial list of recipients of the Queen’s Diamond Jubilee medals (<a href="http://www.lfpress.com/2013/10/30/and-the-winners-are"><span style="color: #660000;">And the winners are . . . </span></a>, Oct 30, 2013).<br />
<br />
This has not been a complete summary of scandals and problems London has faced over the year, but a selection based on my own interests, including that of flaws in the comments system that leaves it biased and susceptible to corruption by certain individuals whose agenda may not be the good of the city of London.<br />
<br />
If readers discover errors in citing sources, for instance, kindly let me know, and I would prefer that you do not attempt to use one or even two mistakes as evidence that my writing and ways of thinking do not have merit. If the mistakes of any commenter go on and on, and the games go on and on, then it might be time to consider what their purpose is, on the discussion forums of the London Free Press.<br />
<br />
<br />
<b>List of Articles and Letters to the Editor</b><br />
<br />
Outgoing Ward 5 Coun. Joni Baechler will be joined by other former and current female politicians in running a workshop to encourage London women to run in the upcoming municipal election.<br />
By Carl Hnatyshyn, Special to QMI Agency<br />
London Free Peress<br />
Jan 21, 2014<br />
<a href="http://www.lfpress.com/2014/01/21/outgoing-ward-5-coun-joni-baechler-will-be-joined-by-other-former-and-current-female-politicians-in-running-a-workshop-to-encourage-london-women-to-run-in-the-upcoming-municipal-election"><span style="font-size: x-small;">http://www.lfpress.com/2014/01/21/outgoing-ward-5-coun-joni-baechler-will-be-joined-by-other-former-and-current-female-politicians-in-running-a-workshop-to-encourage-london-women-to-run-in-the-upcoming-municipal-election</span></a><br />
View article plus comments on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_OutgoingWard5CounJoniBaechlerWomenElection.doc"><span style="font-size: x-small;">http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_OutgoingWard5CounJoniBaechlerWomenElection.doc</span></a><br />
<div>
<br /></div>
<div>
Taxpayers paid almost $100,000 for lawyers to represent city councillors in the Billy T's probe</div>
[questionable activities of mayor and councillors]<br />
By Patrick Maloney<br />
The London Free Press<br />
Jan 16, 2014<br />
<a href="http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g">http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g</a><br />
<br />
Letters to the editor: Jan. 14, 2014<br />
[fresh faces on council, submission and dominance, moderation of comments]<br />
London Free Press<br />
Jan 13, 2014<br />
<a href="http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g">http://www.lfpress.com/2014/01/13/letters-to-the-editor-jan-14 </a><br />
View on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan14_LFPLetters.doc">http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan14_LFPLetters.doc</a><br />
<br />
Intention to get women off the streets<br />
[prostitution, city-funded study]<br />
By Randy Richmond<br />
The London Free Press<br />
Jan 13, 2014<br />
<a href="http://www.lfpress.com/2014/01/13/intention-to-get-women-off-the-streets">http://www.lfpress.com/2014/01/13/intention-to-get-women-off-the-streets</a><br />
<br />
Martin Weiche kept Hitler's memory alive by styling his London estate after the Fuehrer’s Bavarian retreat<br />
[gender, Nazi symbol, class]<br />
By Jane Sims<br />
The London Free Press<br />
Jan 10, 2014<br />
<a href="http://www.lfpress.com/2014/01/10/martin-weiche-kept-hitlers-memory-alive-by-styling-his-london-estate-after-the-fuehrers-bavarian-retreat">http://www.lfpress.com/2014/01/10/martin-weiche-kept-hitlers-memory-alive-by-styling-his-london-estate-after-the-fuehrers-bavarian-retreat</a><br />
<br />
Macartney: "There are likely no perfect answers, and arguments from both sides are worthy of more discussion.”<br />
[term limits for city council, municipal election]<br />
By Gerry Macartney, Special to QMI Agency<br />
Jan 10, 2014<br />
<a href="http://www.lfpress.com/2014/01/09/macartney-there-are-likely-no-perfect-answers-and-arguments-from-both-sides-are-worthy-of-more-discussion">http://www.lfpress.com/2014/01/09/macartney-there-are-likely-no-perfect-answers-and-arguments-from-both-sides-are-worthy-of-more-discussion</a><br />
<br />
London city councillor Matt Brown running for mayor in 2014 municipal election<br />
[municipal election, choosing a candidate, Kate Perry, Sandy White and the N-word; class divide]<br />
By Patrick Maloney<br />
The London Free Press<br />
Jan 10, 2014<br />
<a href="http://www.lfpress.com/2014/01/10/london-city-councillor-matt-brown-running-for-mayor-in-2014-municipal-election"><span style="font-size: x-small;">http://www.lfpress.com/2014/01/10/london-city-councillor-matt-brown-running-for-mayor-in-2014-municipal-election</span></a><br />
View on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc"><span style="font-size: x-small;">http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_LondonCityMattBrownForMayor.doc</span></a><br />
<br />
No economic ‘downturn’ for London Mayor Joe Fontana<br />
[budget, police and fire depts]<br />
By Patrick Maloney<br />
The London Free Press<br />
Jan 9, 2014<br />
<a href="http://www.lfpress.com/2014/01/09/no-economic-downturn-for-mayor">http://www.lfpress.com/2014/01/09/no-economic-downturn-for-mayor</a><br />
<br />
Letters to the editor: Jan. 7, 2014<br />
[city council, mentorship]<br />
Free Press readers<br />
Jan 6, 2014<br />
<a href="http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g">http://www.lfpress.com/2014/01/06/letters-to-the-editor-jan-7-2#comment-1189967168 </a><br />
<br />
Dysfunctional, erratic, even 'a bit of a disaster': Critics see blood in the water for incumbents mounting London mayoral or city council runs this year<br />
[council, criminal charges, group of eight, class divide, performing arts centre, gender, masculinity]<br />
By Chip Martin<br />
The London Free Press<br />
Jan 3, 2014<br />
<a href="http://www.lfpress.com/2014/01/03/dysfunctional-erratic-even-a-bit-of-a-disaster-critics-see-blood-in-the-water-for-incumbents-mounting-london-mayoral-or-city-council-runs-this-year">http://www.lfpress.com/2014/01/03/dysfunctional-erratic-even-a-bit-of-a-disaster-critics-see-blood-in-the-water-for-incumbents-mounting-london-mayoral-or-city-council-runs-this-year</a><br />
View on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_DysfunctionalErraticABitOfADisasterLondon.doc">http://samcpherson.homestead.com/files/Miscellaneous/2014_Jan_DysfunctionalErraticABitOfADisasterLondon.doc</a><br />
<br />
Letters to the Editor: Dec. 30, 2013 <br />
[mailboxes, prostitution, sex ]<br />
Free Press Readers<br />
Dec 29, 2013<br />
<a href="http://www.lfpress.com/2013/12/29/letters-to-the-editor-dec-30">http://www.lfpress.com/2013/12/29/letters-to-the-editor-dec-30</a><br />
View on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec30.doc">http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec30.doc</a><br />
<br />
Letters to the Editor: Dec. 24, 2013<br />
[prostitution, sex]<br />
Free Press Readers<br />
Dec 23, 2013<br />
<a href="http://www.lfpress.com/2013/12/23/letters-to-the-editor-dec-24">http://www.lfpress.com/2013/12/23/letters-to-the-editor-dec-24</a><br />
View on S.A.McPherson website. To access using google chrome, download when prompted to appropriate place on your computer, save, and click open at bottom left-hand corner of page.<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec_24.doc">http://samcpherson.homestead.com/files/Miscellaneous/2013_Dec_LFPLettersDec_24.doc</a><br />
<br />
Letter to the Editor<br />
[vandalism, swastika symbol, masculinity symbol]<br />
By Sue McPherson<br />
to London Free Press<br />
Nov 17, 2013 12:05 pm<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Nov_MyLetterEditor_Nov17_Vandalism.doc">http://samcpherson.homestead.com/files/Miscellaneous/2013_Nov_MyLetterEditor_Nov17_Vandalism.doc</a><br />
<div>
<br /></div>
Vandal defaces downtown London business with swastikas<br />
[Nazi symbols, class, masculinity]<br />
By Dale Carruthers<br />
The London Free Press<br />
Nov 16, 2013<br />
<a href="http://www.lfpress.com/2013/11/16/vandal-defaces-downtown-london-business-with-swastika">http://www.lfpress.com/2013/11/16/vandal-defaces-downtown-london-business-with-swastika</a><br />
<br />
Now a whole month of demonization of men over violence<br />
[feminism, city hall lit purple]<br />
By Herman Goodden, Special to QMI Agency<br />
LFP<br />
Nov 15, 2013 <br />
<a href="http://www.lfpress.com/2013/11/15/goodden-now-a-whole-month-of-demonization-of-men-over-violence">http://www.lfpress.com/2013/11/15/goodden-now-a-whole-month-of-demonization-of-men-over-violence</a><br />
<br />
Letters to the editor Nov 8, 2013 <br />
[poppies, Remembrance Day]<br />
London Free Press<br />
Nov 7, 2013 <br />
<a href="http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g">http://www.lfpress.com/2013/11/07/letters-to-the-editor-nov-8 </a><br />
<br />
And the winners are . . . <br />
[Queen’s diamond jubilee medals, city council, partial list]<br />
London Free Press<br />
Oct 30, 2013<br />
<a href="http://www.lfpress.com/2013/10/30/and-the-winners-are">http://www.lfpress.com/2013/10/30/and-the-winners-are</a><br />
<br />
London council gives pay freeze cold shoulder<br />
[pay increase for city council and mayor?]<br />
By Chip Martin<br />
The London Free Press<br />
Oct 21, 2013 <br />
<a href="http://www.lfpress.com/2013/10/21/london-council-gives-pay-freeze-cold-shoulder">http://www.lfpress.com/2013/10/21/london-council-gives-pay-freeze-cold-shoulder</a><br />
<br />
In Person: Dr. Anne Bodkin works with Sgt. Lorna Bruce to help those in dangerous, unhealthy street-level trade <br />
[health, housing, prostitution]<br />
By Randy Richmond<br />
The London Free Press<br />
Sept 29, 2013 <br />
<a href="http://www.lfpress.com/2013/09/29/in-person-dr-anne-bodkin-works-with-sgt-lorna-bruce-to-help-those-in-dangerous-unhealthy-street-level-trade">http://www.lfpress.com/2013/09/29/in-person-dr-anne-bodkin-works-with-sgt-lorna-bruce-to-help-those-in-dangerous-unhealthy-street-level-trade</a><br />
<br />
Former Sex Worker Opposes Legal Brothels (video)<br />
[prostitution]<br />
By Wei Chen, CBC<br />
June 14, 2013<br />
<a href="http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Ontario+Morning/ID/2391336443/">http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Ontario+Morning/ID/2391336443/</a><br />
<div>
<br /></div>
Trashing kate Perry seems odd<br />
[gender; sexism; Katy Perry, Sandy White and the N-word]<br />
By Dan Brown<br />
The London Free Press<br />
Mar 8, 2013<br />
<a href="http://www.lfpress.com/2014/01/16/billy-ts-legal-tab-nearly-100g">http://www.lfpress.com/2013/03/08/brown-trashing-katy-perry-seems-odd </a><br />
<br />
Sandy White demanding apology from fellow London councillor Harold Usher<br />
[Katy Perry, Sandy White and the N-word]<br />
By Chip Martin<br />
The London Free Press<br />
Mar 7, 2013<br />
<a href="http://www.lfpress.com/2013/03/07/sandy-white-demanding-apology-from-fellow-london-councillor-harold-usher">http://www.lfpress.com/2013/03/07/sandy-white-demanding-apology-from-fellow-london-councillor-harold-usher</a><br />
<br />
Public displays of private matters - Irene Mathyssen and James Moore<br />
[politics, sexism, gender]<br />
By Sue McPherson<br />
Sue’s Views on the News<br />
Dec 7, 2007<br />
<a href="http://suemcpherson.blogspot.ca/2007/12/public-and-private-work-and-sex.html">http://suemcpherson.blogspot.ca/2007/12/public-and-private-work-and-sex.html</a><br />
<br />
<br />
<br />
<br />
<br />
<br />Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com0tag:blogger.com,1999:blog-19557752.post-64658531408435248832013-11-02T18:02:00.001-04:002013-12-12T22:34:38.385-05:00No Fault Car Insurance - how it works in a real-life incident<b>Revised Nov 14, 2013; Updated Dec 6, 2013 (minor changes in wording Dec 7).</b><br />
<br />
Just over a month ago I was involved in a collision, here in London. I say I was “involved,” but what I really mean is that I was sitting in my parked car minding my own business when another vehicle rammed into mine. The driver of the jeep was very gracious, admitting fault, taking pictures, exchanging information with me, and advising me to go to the Police Reporting Centre to report the collision. He wasn’t interested in taking down my name at first, until I suggested that he did. After all, wouldn’t his insurance company ask for it? I didn’t give it much thought at the time, but looking back, it was an indication of something, wasn’t it?<br />
<br />
<b>Reporting the accident</b><br />
<br />
Within an hour, after having my xray taken (nothing to do with the accident), at the medical building outside which the collision took place, I was on my way to report the accident. Pictures of the car were taken, and I had a couple of forms to fill out as well as write out a statement telling what happened. I returned home, reported the accident to my insurance company and dealt with that over the next week or so. The car was fixed, the insurance paid for it, and that was that. I was a bit concerned that my insurance rates would go up, especially because I still had nothing in writing that said the accident was not my fault. I was assured that with no-fault insurance, it was my insurance company that would pay for the damages, although I could not get anything specific from them in writing at that early stage, within a few days of the accident. The adjuster assured me I was not considered to be at fault, and that the deductible would be waived, but when I requested something in writing, I received a cryptic letter in response, confirming nothing and in fact, implying that I might be at fault. See the letter on my website: Notwithstanding, I decided to let the matter go, as it seemed pointless to pursue the matter further with him.<br />
<br />
<b>Insurance company – 'fault'</b><br />
<br />
A few days later I received another letter – a form – from my insurance company, informing me that a claim had been made “on my policy” and asking me to fill out the form and return the letter to them if no such loss had occurred. This was intended to reduce fraud, and so naturally I returned the completed form, informing them that, as far as I knew, the accident had not been my fault and so there should not have been a claim “on my policy”. At the same time, I was now seriously contemplating the idea that the claim actually had been put through my collision coverage, resulting in a deductible that I ordinarily would have had to pay, but for some reason, according to my claims adjuster, had been waived.<br />
<div>
<br /></div>
<div>
<div>
A few weeks later, on Oct 30, my claims adjuster called, to make sure everything was fine with the service – getting the car fixed, etc. By that time I had thought that the incident was long over and everything was back to normal so I responded briefly, and that was that. </div>
<div>
<br />
<b>Police investigation</b><br />
<br /></div>
<div>
Then, out of the blue, the following day, on Oct 31, I received a phone call, from an officer in the Traffic Unit of the London Police Service. To my surprise, the police officer informed me that he was conducting an investigation into the collision. It wasn’t only a surprise, it was a shock. Suddenly, everything made sense. The insurance adjuster had been withholding something from me. I suspected that he must have known the situation was not resolved when he wrote <a href="http://samcpherson.homestead.com/files/Miscellaneous/2013_Sept_Ins_letter_re_fault-alt_sm.JPG"><span style="color: red;">the letter</span></a> to me in that cryptic manner.</div>
<div>
<br /></div>
<div>
Apparently, the driver of the other vehicle, that had hit mine, had not reported his involvement in the accident to the Police Report Station. I recall there being some inconsistencies in the interaction with the driver, but that was 6 weeks ago now. It hadn’t seemed important at the time but now I wondered. </div>
<div>
<br /></div>
<div>
So now, 5 weeks later, a Traffic Unit officer was investigating the incident. I had not stopped to find witnesses to the event, although several people came in and out of the medical centre while we were standing there, the jeep’s bumper jammed into the wheel well of my front passenger side. There was a CCTV camera on the Pharmacy wall, and windows all across the various stores and offices. And he had no doubt been in one of those place himself. No other stores were easily accessible from the parking lot.<br />
<br />
<b>Police Reporting Centre</b></div>
<div>
<br /></div>
</div>
<div>
I want to mention the experience I had within the Reporting Centre, as I felt my case was not dealt with as expertly as one might expect. Mainly, I realized that the writing of my statement was being taken over by the gal whose job it was to gather all my information. To begin with, I was going to write that I had just come from the swimming pool, parked the car, and was brushing my damp hair before going into the building. She suggested I not write in such detail (added Nov 12). She had more experience than me, about what was required, so I was agreeable in having her direct me in the writing of it, until she made a slip, and continued to describe what happened in a way I wouldn’t have myself. </div>
<div>
<br />
One was just an error, I’m sure, when she was saying what to write and she referred to the jeep as a pickup, obviously because, in showing her how the accident occurred, she used tiny toy cars to demonstrate, one being a pickup. A second glitch was her attempt to describe the scene when the two vehicles became tangled together. She used the word ‘attached’ as in “the two vehicles were attached”. I decided to write down that his vehicle’s bumper became jammed into the wheel well of my car as he backed out, which seemed to be more descriptive and more accurate than using the ‘no-fault’ description she had suggested. </div>
<div>
<br />
Not in my report, but relevant, is that the other driver's wrap-around bumper and possibly the wheel are what caused the damage. The jeep’s bumper was quite large, protruding farther than ordinary ones. It, or the bumper cover, ended up with a football-sized dent in the front of it, and what other damage there was I don't know. See<a href="http://www.carid.com/2013-jeep-wrangler-bumpers/"> http://www.carid.com/2013-jeep-wrangler-bumpers/ </a> (added Dec 7).<br />
<br /></div>
<div class="separator" style="clear: both; text-align: center;">
</div>
<div class="separator" style="clear: both; text-align: center;">
<a href="http://1.bp.blogspot.com/-K_BZ_en9JMk/UqMwyoDaDzI/AAAAAAAAAGY/yLVX_RHsnOY/s1600/2013+Sept+collision-1smx.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="150" src="http://1.bp.blogspot.com/-K_BZ_en9JMk/UqMwyoDaDzI/AAAAAAAAAGY/yLVX_RHsnOY/s200/2013+Sept+collision-1smx.jpg" width="200" /></a></div>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://2.bp.blogspot.com/-bulYZ2whEAw/UqMyG4nONYI/AAAAAAAAAGo/sRXaARl2uno/s1600/2013+Sept+PRC+diagram(smx.JPG" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" src="http://2.bp.blogspot.com/-bulYZ2whEAw/UqMyG4nONYI/AAAAAAAAAGo/sRXaARl2uno/s1600/2013+Sept+PRC+diagram(smx.JPG" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Diagram from PRC self-report. The triangles<br />
on each vehicle indicate the front end.</td></tr>
</tbody></table>
<br />
<div class="separator" style="clear: both; text-align: center;">
</div>
<br />
<br />
<div class="separator" style="clear: both; text-align: center;">
</div>
<a href="http://3.bp.blogspot.com/-mv1PafM_OR0/UqMf9tTHYiI/AAAAAAAAAFw/fIuSh-U2dJA/s1600/2013+Sept+PRC+diagram(sm.JPG" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><br /></a>
The space on the page was too small to contain everything I would have liked to say, and no additional page seemed to be available. When it came to the end of the space, that was it. I do want to emphasize this because I am sure I am not the first person who could have written a more explanatory statement had I been given more space, and the officer from the Traffic Unit seemed to think more information would have been advisable. Before leaving, I was given a copy of part of the form the two of us had completed, but not of the statement I had made, so when the police constable commented on it I was unable to respond properly, except to say that the girl behind the desk had encouraged me to write it a particular way.<br />
<br />
I was naïve, for sure, in believing that the man whose jeep hit my car was genuine in his concern for my predicament, leaving me in a situation which could just mean my rates would be increased as well as my reputation damaged. I have no proof that the incident happened the way I said, and 6 weeks after the fact, who in that medical centre would remember anything that could help? Would the bodyshop I took the car to have saved any paint chips from the parts of my car they replaced? And then, why did the Police Department wait so long to investigate?<br />
<br />
Was the officer serious when he said, Could I identify the driver of the jeep from a lineup? Does he realize I know his name and he knows mine? His vehicle is worth 20 or 30 times as much as mine. Yes, I could identify him if I saw him in a lineup. And could probably identify his voice too. Just have him repeat a few words – like Oh darn! Darn it! What a darn thing to have happen!<br />
<br />
I agree. At first I had felt sorry for the man. To do such a thing would make a person angry at what they’d done. And his was such a nice new vehicle. And why was it that the girls in the x-ray department, where I went afterwards, whispered and acted as though this was a situation that might lead to something, providing the results to my test to me within a day instead of two weeks later, as is usually the case? <br />
<br />
<b>No fault insurance</b><br />
<br />
Of course, when I started talking to the adjuster, I began to feel more concern for myself. Having done all that I could to keep my old car in shape and running, I was now in a situation where my car might be considered a write-off, due to the black book prices. That resolved, the next surprise came when I discovered the investigation wasn’t complete, which to me explained the carefully worded letter from the adjuster when I requested confirmation that I was not at fault. I was annoyed at the insurance adjuster for withholding from me the fact that the driver didn’t bother to have a Police Report filled out, or pics of the big round dent in his front driver’s side bumper taken, or to explain how he had damaged my car. I had assumed everything was finished with, but I had been wrong. Later, I was told that there might be little exchange of knowledge and facts between the police and the insurance company, each having their own situation to work out.<br />
<br />
I am sure I still don’t know all the ins and outs of no-fault insurance, but I have learned quite a bit from going through this. I have been reassured by the insurance company that the problem of wording in communications between us has been resolved, and I am considered by them to be not at fault, and that something will be put in the mail to that effect.<br />
<br />
The entire situation was handled by the insurance – my insurance – as though it didn't made a difference who was at fault. But the other half of this is the police investigation. So when I say the entire situation was handled by the insurance, that may not be entirely correct. If there’s a glitch, as, for example, the other driver does not report it, then it’s not altogether over. <br />
<div>
<br />
<b>Implications of not reporting the accident</b><br />
<br /></div>
It looks as though the driver of the other vehicle might only be charged with not reporting the accident, if that. I’m sure it wouldn’t take someone like him to realize within a minute or so that the damage done to my vehicle could be less than $1000 worth – considering the car itself is worth less than that. He could always claim that, and no doubt the police officer would agree that he could hardly have thought otherwise.<br />
<br />
So after a month of thinking the situation was resolved, now I discover no real investigation was done – no one questioned, no attempt to find a witness, and no responsibility taken by the driver of the jeep that rammed my car in the parking lot.<br />
<br />
I'm just wondering . . . if I had been the one that hit the other car, would it have left the kind of damage that my car received? And wouldn't my car have had to move sideways to inflict that kind of damage onto its bumper? I hope this doesn't become a situation where I have to show I couldn't have been responsible for the damage.<br />
<br />
What happens, under our legal system, if the driver of the jeep pleads not guilty to leaving the scene, for whatever reason. If he goes to court over this, and there is not enough evidence to convict him, who will take responsibility for the accident?<br />
<br />
<i><b>Additional notes – added Dec 6</b></i><br />
<br />
<b>Court case – failing to report</b><br />
<br />
The police constable, calling me 6 weeks less a day after the day the collision occurred, had commented on the lack of detail in my official hand-written statement that I had provided at the Police Reporting Centre. When he called I did not have a copy of it to refer to as I had not been given one at the PRC so a few days later I did go to the Police Station to pick up one, as well as try to find out more about the possibility of getting this matter sorted out properly. As it stands, it’s likely to be me left holding the bag. I have learned that the case is going before the judge, that the driver has been charged with failing to report an accident to the Police Reporting Centre. I wouldn’t like to see the man charged with the offence being the only one allowed to speak. And I would appreciate the opportunity of explaining more about the incident.<br />
<div>
<br /></div>
I have, since then, in fact today, been back to both the Police Reporting Centre and the Police Station, to draw their attention to errors. The first error, if that’s what it was, was made by me when I filled out the accident report form at the PRC. I was still under the impression, at that moment, that the other driver had been cooperating with me and would be along shortly, and admit to being at fault. So when he had informed me, while I was checking out his driver’s licence at the scene, that the address on it was not his current address, I took his word for it, crossing it out and referring to his ownership details for his address. And it was this address that I gave as “his address” when asked at the PRC. There was no space for two addresses, as drivers are supposed to have only one official address, so it was a non issue, as far as filling out the form was concerned. The clerk helping me also took for granted that if the driver had said that first address was an old one, then it must have been.<br />
<br />
Also, a minor adjustment was needed of the diagram of the vehicles on the constable’s report, as it didn’t depict accurately the position of the two vehicles when one hit the other. The drawing he made of the incident was not the same as the drawing on my report of the accident, made at the PRC. So, that I did, using a marker for emphasis, changing on the sketch the direction the jeep was headed as it backed out - not this way but that way. So this would be new information for the court when he appears.<br />
<br />
I decided to set the matter straight at the PRC, and report the other driver’s original address as it appeared on his driver’s licence. From there I went to the Police Station, to leave for the constable in charge of the incident a copy of his report, with the correction/addition of the additional address, in case he was having difficulty locating the man, and the change in the sketch of the cars on the official police report.<br />
<div>
<br /></div>
<b>Investigation</b><br />
<br />
Does it make any difference whether he is named as the one responsible? Yes, I think so, otherwise it is simply me left with no explanation of how the damage to my car occurred. There are two parts to this. One is the initial settlement of the claim by the insurance company, which in this case, resulted in my being declared fault-free. But if the other driver gets off, then, under our adversarial legal system, it leaves the situation as having no one at fault. If he declares he wasn’t there at all that day, at the parking lot in the medical centre, is anyone going to investigate the truth of that? Would the various health departments in the medical centre be checked to see if he had filled a prescription that day, or had an xray or blood test, or visited a doctor there? It wouldn’t be that hard to check, though it has to be someone with the proper authority to do so, to ask questions about the person by that name.<br />
<br />
<b>Handwritten statement</b><br />
<br />
One further issue is the lack of space for writing details about the accident. By now, my handwritten statement would have been typed up, ready for the judge, who might not realize there had not been enough room on the form to write down all that I would have liked to.<br />
<div>
<br /></div>
On measuring the space allowed for my statement (after correcting for the resized version I received a copy of) I found it came out to just over 9 square inches, which for ease of understanding I will reshape into a space 4.5 “ wide x 2 “ high, the size of a business card plus an extra inch in width. To visualize it more clearly, take a business card, put it on a piece of paper and use it to draw a rectangle. Then add one inch to the width, to 4.5 “. If I type out my statement, it takes up just under 4 lines, Times New Roman font, size 12, on a standard letter-size page. If you have never seen this Self Reporting Collision Report form before, that is the amount of space you would have to write the details of an accident.<br />
<br />
This form is called a Self Reporting Collision Report. It is intended that the person reporting the accident provide some of the information to the clerk, who fills in some of the blanks, while other parts of the form are to be completed by the person him or herself. The handwritten statement is also to be completed by that same person. That might be difficult for someone doing it for the first time, not knowing what was required and what not to bother stating, if it seemed obvious.<br />
<div>
<br /></div>
<div>
<div>
I would advise anyone faced with writing the statement out to make sure it reads as it happened, and that the facts are included, regardless of whether there is a proper space to put them. If you assume that the person who hit your vehicle will do the right thing and take responsibility, you may find out otherwise. In these days of identity theft, one never knows, but if the driver locates the required documentation with no problem, even though the address may not be current on one of them, plus the fact he was coming out of a medical centre which places a focus on his reason to legitimately be there, one could expect that he was who he said he was. </div>
<div>
<br /></div>
<div>
<b>Why I am writing about this incident </b></div>
<div>
<br /></div>
<div>
There are websites devoted to enabling violators of traffic laws to avoid being penalized for their misdeeds. But what is there to help the persons involved who become ‘collateral damage’? My hope is that readers of my story can learn from it and thus take precautions if they are involved in a collision, to achieve the proper outcome.</div>
</div>
<div>
<br /></div>
<div>
<div>
I am not writing this to intentionally cause problems for the other driver, but to draw attention to my side of the story, including the implications of having damage done to my car while no person is seen to be legally “at fault,”despite my naming the person responsible for the incident outside the public medical building and collecting his details, as required. If I have done everything I needed to, as required, I should be able to feel satisfied that justice will be done. </div>
<div>
<br /></div>
<div>
<b>On another level . . . . </b></div>
<div>
<br /></div>
<div>
The legal system is based on the idea of opposites, as are most ways of thinking in society. There is a winner and a loser, unless one can get mediation and find a middle ground. However, in my life, justice has usually been one-sided. One person is left being made responsible for the incident, while the other walks away. Usually, this depends on which one has the most power – the wider social network, the most potential in life, the ability to get others on his/her side. So sometimes truth is not the issue at all. As with other legal cases that I have written about on my blog, outcomes may not always seem fair, even if it seems obvious to most people what the result should be, and despite legitimate exceptions.</div>
<div>
<br /></div>
<div>
In some ways, the legal system works against people, making them oppose one another in court, instead of considering alternative solutions that suit both parties. I don’t want to be left thinking to myself, We are left with no one taking responsibility for this incident, despite the fact I saw him do it and he knows he did it. If he gets off would it be because someone didn’t do their job properly, and they don’t care about that? </div>
</div>
<div>
<br /></div>
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<div>
<div class="separator" style="clear: both; text-align: center;">
</div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com2tag:blogger.com,1999:blog-19557752.post-1918938199768795512013-04-14T16:09:00.002-04:002013-12-06T23:02:23.301-05:00Anne Kneale and Bill Mates: age, gender, and sexual exploitationSummary: added June 7, 2013, revised June 10 and 12, and Aug 7, 2013:<br />
<br />
Anne Kneale was traumatized, and felt used by someone she thought was a friend. She wanted to protect her sister, whom Bill Mates had approached 3 years or so after the sexual encounter in Africa. The trouble was, in this era of 'hook-up culture,' that Mates might not have known she hadn't liked it, because she never said otherwise. She never told him, not even when he approached her sister to have lunch. Even then, she didn't tell him to lay off her sister, nor did she warn her sister. Under the guidance of her therapist she went to the police. By this time, if not before, she would have realized that Mates had broken some rule of conduct if not the law itself by having sex with her before age 18, as someone who, officially, was in a position of authority over her while on the trip to Africa. But the meaning and significance of their sexual encounter would have been something apart from that, something beyond the law - not above it, but outside it. Sex has a tendency to do that to some women, even when it's by mutual consent, leaving them with feelings they may not understand. Society has led women to feel guilt, or emotional attachment, or sometimes powerless to the point of being submissive.<br />
<br />
In this case, the idea of it being considered mutually consensual sex was not possible under the law, since he was the one who had been granted authority to make decisions, and who had the material power to make things happen. If Anne was reluctant to question his authority when it came to having sex, we don’t know. If she feared him - or whether she trusted his judgement - we don’t know. If she felt powerless to resist, we don’t know. Was she afraid of the very real power he held over her, to write good references, to recommend her for the kind of educational opportunities she wanted? Would she have received them from him if she had rejected him sexually?<br />
<div>
<br />
If it was his power over her that was the reason she stayed silent when he pressured her into having sex, then the cut-off line of age 18 is simply an arbitrary point imposed by the legal system. It can happen at any age, and does, between anyone who has power over the other, or access to hard-to-get resources. Bosses, doctors, film producers and husbands have all been known to use their power to get what they want. Would it have helped Anne if she had taken an assertiveness training course before going to Africa as a ‘high-achieving’ teen? Did it help me at midlife to learn how to say ‘no’ to those powerful men and the women who supported them? <a href="http://samcpherson.homestead.com/StoryofMyLife.html" target="_blank"><span style="color: purple;">See the story of my life</span></a>.<br />
<br />
The fact Mates was many years older than Anne is something that probably leaves some people saying to themselves “Wow.” He was 52, she was almost 18, but not quite. Such relationships do happen in our society, but usually, people might say, they happen when the young woman chooses to have one. But if they are doing so in order to gain something they need – money, a career, or a hike in social status, is it a real choice? On the other hand, aren’t there also situations in which a younger woman can truly fall in love with a much older man, especially in society today where there are so many more diverse kinds of relationships? Anne and Bill were close. But the sex they had may not have reflected that closeness for her – a bad experience that got worse the longer she thought about it and the more she listened to others.<br />
[Added June 12]</div>
<div>
<br /></div>
At university, under the influence of feminism, Anne would have learned that she shouldn't have had to feel the way she had, and that if she did feel emotionally unsettled it was because someone did something to her to make her feel that way, because she had been 'sexually exploited.' When she told her therapist about Mates approaching her sister, the therapist suggested she contact the police to lay the charge of 'sexual exploitation' against him. It would be unlikely that anyone would ask her what she could have done differently. For feminists, that would be the same as 'blaming' her. Instead, recognition of Anne's 'rights' would be the focus, but not any responsibility on her part for what happened. Anne would have heard the feminist viewpoint on all this, which is that she can wear anything, or say anything, and it was still her right not just 'not to be raped' but also 'not to be seen as wanting sex,' even if in his eyes that's how she came across, as agreeable to sex. How he felt or what he thought wouldn't have been her responsibility, according to feminism. She was innocent, her sexual power completely ignored in all of this; her reputation would remain intact. Under the law, he was guilty, and that's what matters in our society.<br />
<br />
The case was adjourned to June 20, 2013 on May 10, 2013, in London, Ontario. Case adjourned to Aug 7, 2013.<br />
<br />
<b>On Aug 7, 2013, Bill Mates received a one-year sentence (<a href="http://www.lfpress.com/2013/08/07/william-mates-sentenced-to-one-year-for-sexual-exploitation" target="_blank"><span style="color: purple;">William Mates sentenced to one year for sexual exploitation</span></a>, by Brent Boles, Aug 7, 2013).</b><br />
_____________________________________________________<br />
_____________________________________________________<br />
<br />
<br />
<span style="font-size: large;">Introduction</span><br />
<span style="font-size: large;"><br /></span>
Added May 22, 2013 – paragraphs in sections ‘Feminism,’ ‘Beyond<br />
the Law,’ and ‘Conclusion.’<br />
Added May 19, 2013 – 2 adjustments in ‘Justice and Trust’ and ‘Betrayal’.<br />
See also, response to comment:<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/AnneKneale_Bill_MatesPt2.doc"><span style="color: purple; font-size: xx-small;">http://samcpherson.homestead.com/files/Miscellaneous/AnneKneale_Bill_MatesPt2.doc</span></a><br />
Added Apr 25, 2013 – additional article. See end of Conclusions.<br />
<span style="font-size: large;"><br /></span>
This story of questionable consent comes out of Ingersoll, Ontario. The situation started several years ago, the accused, Bill Mates, now being 59 years of age, the complainant, 23. In July, 2007, when the sexual incident took place, she was 17, a month short of her 18th birthday, while he would have been about 52 years of age. The result of this error in judgement was a charge against an older, more experienced man, Bill Mates, of sexual exploitation of the young woman. Not rape, not sexual assault. He was charged with sexual exploitation, and convicted of the crime.<br />
<br />
The age difference was one factor that resulted in this being called ‘exploitation.’ In this case, the girl was in the care of Bill Mates, one of sixteen young people that he and two other adults took to Africa as part of a Duke of Edinburgh awards program for high-achieving youth (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). An older man having sexual intercourse with a teenage girl simply isn’t appropriate, there being a difference in sexual experience and knowing how to respond to them, and sometimes, at least in the past, girls may have been raised to see an older man as a figure of authority – a father figure – a ‘patriarch,’ and more inclined to submit to his judgement (for more, see ‘<a href="http://www.canadiancrc.com/Child_sexual_exploitation_age_consent_K_Covell_07SEP06.aspx" target="_blank"><span style="color: purple;">Child sexual exploitation and the age of consent</span></a><a href="http://www.canadiancrc.com/Child_sexual_exploitation_age_consent_K_Covell_07SEP06.aspx" target="_blank"><span style="color: purple;">’</span></a> by Katherine Covell, Sept 6, 2007. See alternate link in list of references). <br />
<br />
If a man is older, and practiced in his ways of seduction, of catching a girl off-guard, can she be expected to be able to counteract that, to fight back verbally or physically, or say no to his advances? And if the man is in charge of her well-being while she is on a trip like that, would she want to risk saying no, or even to run away, taking even further risk? But as for the betrayal aspect of this, it’s part of what all girls learn while growing up.<br />
<br />
<span style="font-size: large;">Becoming a woman</span><br />
<br />
Many women grow up having sexualized encounters (not necessarily sexual intercourse) with the opposite sex. Growing into the teen years, even the babyboomers – rumoured to be repressed or prudish – could not have been without sexual curiosity, for both genders. Isn’t this part of how girls learn how to become women? So says Simone de Beauvoir (see Felicity Joseph’s ‘<span style="color: purple;">Becoming A Woman: Simone de Beauvoir on Female Embodiment</span>,’ 2008). Contary to what people might think, girls do have to learn how to be women. They aren’t born knowing how. In today’s world, there are increasingly more laws, and social norms, about how and when that can start to happen.<br />
<br />
Women can recover their lives, following such an incident that came about unexpectedly, even though the experience may influence their choices in the future, and their ability to trust. I am thinking of Anne Kneale, age 23 and now in med school after having experienced a betrayal of trust. In the case of the teenage foster daughter of Howard Smith, however, it seems the journey has been especially difficult. Now 50, she has been though ordeals related to the abuse all her life. Thirty years later, however, even though her tormenter received only house arrest and probation, she has finally received validation of her experience (<a href="http://fullcomment.nationalpost.com/2013/04/05/christie-blatchford-sometimes-judges-just-dont-get-how-to-handle-child-sexual-assaults/" target="_blank"><span style="color: purple;">Sometimes judges just don’t get how to handle child sexual assaults</span></a>, by Christie Blatchford, Apr 5, 2013).<br />
<br />
In the Second Sex, writes Felicity Joseph, “Here de Beauvoir raises the core question of female embodiment: Are the supposed disadvantages of the female body actual disadvantages which exist objectively in all societies, or are they merely judged to be disadvantages by our society? (<a href="http://samcpherson.homestead.com/files/Miscellaneous/2008_Becoming_A_Woman.doc" target="_blank"><span style="color: purple;">Becoming A Woman: Simone de Beauvoir on Female Embodiment</span></a>, by Felicity Joseph, 2008).<br />
<br />
Bill Mates wanted Anne Kneale’s body, even though he was in a position of trust over her and should have known better. But was the incident so terrible that she saw him as a “poisonous influence?” (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). Was the emotional pain that Ms Kneale felt caused by him doing what he did, or more by the way she thought about it afterwards, and later on, at university, when she heard about her ‘rights’ as a woman? <br />
<br />
In the piece about de Beauvoir, sexual exploitation or assault are not mentioned specifically, though Felicity Joseph does say this, about sexual intercourse:<br />
<br />
"Ultimately, is it the biological penetration itself which causes the distress, or is it the culturally-engineered ignorance of young women? Joseph writes that de Beauvoir thinks the biological facts need not be traumatic: the distress is due to a lack of generosity in the man ’s sexual behaviour, combined with the woman’s fear of being objectified before an aggressive sexual gaze" (<a href="http://samcpherson.homestead.com/files/Miscellaneous/2008_Becoming_A_Woman.doc" target="_blank"><span style="color: purple;">Becoming A Woman: Simone de Beauvoir on Female Embodiment</span></a>, by Felicity Joseph, 2008).<br />
<br />
This may not apply to the situation of the young Anne Kneale, whose distress was mainly through the betrayal rather than the sex itself, as I understand it. But betrayal is something most women have to learn to deal with, one way or another. One doesn’t have to be far away in Africa to be afraid to speak up in such a situation. <br />
<br />
<span style="font-size: large;">Justice</span><br />
<br />
Justice can be served, even if years after the fact. But in another way, after time has moved on, it seems that passing judgement on a person and the crime they committed is one thing and punishing that person is another. Christie Blatchford would like to see a harsher sentence than house arrest for sexual incidents committed many years earlier by Howard Smith against his 15 year old foster daughter, another situation involving a man in a position of trust (<a href="http://fullcomment.nationalpost.com/2013/04/05/christie-blatchford-sometimes-judges-just-dont-get-how-to-handle-child-sexual-assaults/" target="_blank"><span style="color: purple;">Sometimes judges just don’t get how to handle child sexual assaults</span></a><span style="color: purple;">,</span> by Christie Blatchford, Apr 5, 2013). That case was about sexual assault not sexual exploitation, but I question the need to punish someone, using a law-based schedule of sentencing, who might not even be the same person that far down the road. Then it really does become a matter of an eye for an eye, revenge rather than justice, this much farther on. What would justice look like, in such cases, or is it that people just don’t change?<br />
<br />
What I see here is a young woman who has gained some credibility in her life through being a medical student at Western University, and who is being heard when she tells about what happened to her. Meanwhile, other young women who run into the same kind of behaviour may not ever have the opportunity to speak out, and if they do, may not be listened to. I realize we are supposed to look at this as well-deserved justice for Anne Kneale, and a step forward for women, but it seems to me it will end up in men being ever more careful in the future who they attempt to have sex with. <br />
<br />
A girl with no strong family network, such as the foster daughter of Howard Smith, will still be vulnerable, as will girls who don’t end up in med school but for unknown reasons aren’t seen as credible or worth bothering about. Kneale appears to be doing all woman a favour but I wonder about that. As stated in a recent newspaper, <br />
<br />
“Kneale decided to reveal her identity ‘out of concern that there may be other victims and out of concern with the predatory way that Bill acted.’ … ‘I wanted to it all to come out – for him to be seen for who he was,’ she said” (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, By Jane Sims, Mar 19, 2013).<br />
<br />
Once in a while a man is caught and punished, in part as a warning to others, but the question is, Is Bill Mates is still the same kind of person that he was. Sometimes, after a man has thought about it, he might see that he made a mistake even though he was never caught and punished. Or did he hold the belief, and still does, that men have the right to pursue sex wherever they can get it and they won’t get punished. Did he think he could get away with it or did he not even think? Especially after several years have passed, in the case of Bill Mates, one has to wonder what kind of punishment, or justice, would be appropriate. <br />
<br />
This case only came to the attention of the police in 2010, three years after it happened (<a href="http://www.woodstocksentinelreview.com/2011/07/04/sexual-exploitation-charge-accused-led-youth-trip" target="_blank"><span style="background-color: white; color: purple;">Sexual exploitation charge: Accused led youth trip</span></a>, by Heather Rivers, July 4, 2011). Mr Mates had already lost his job over the incident by the time the police got into the picture, after his girlfriend reported it to his employer when he told her at the time (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). <br />
<br />
<b>Added May 19, 2013 – the job Mates lost at the time was the one with the Duke of Edinburgh awards program (</b><a href="http://www.1047.ca/local-news/archives/2013-03/"><span style="color: purple;">Ingersoll Didn't Fire Mates over Charge</span></a><span style="font-size: medium;">,</span> <span style="font-size: medium;">104.7 Heart FM, Mar 2013)</span><b>.</b><br />
<br />
The event that brought this to mind again for Anne Kneale was that her sister was about to meet up with Mr Mates, at his request. The age of this sister wasn’t mentioned, or if it was her older sister, the one already in the program with Mates, before she joined up (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). Incidents such as this are likely to bring up past memories, and if the sister planning to meet Bill Mates was legally still a child, then there was every reason to report the 2007 incident that occurred with Anne Kneale. But the age of the sister was not given in the articles I read.<br />
<br />
<span style="font-size: large;">Age and age difference</span><br />
<br />
The age difference, between Mates and Anne Kneale, and also between Howard Smith and his foster daughter, is one of the main issues, and not just the age of the young women at the time of the incidents. Otherwise, it would be the kind of situation that any young woman could find herself in, while growing up. There is an age at which such relationships are seen as legal, if not altogether socially acceptable, and neither of these cases seem to fall within the category of ‘legal.’ That age is 18, according to this brief extract about Canada’s laws – <a href="http://yourlaws.ca/criminal-code-canada/153-sexual-exploitation" target="_blank"><span style="color: purple;">153. Sexual exploitation, YourLaws.ca</span></a>. Thus Anne Kneale was still under that age limit and not to be approached sexually by men outside her age range. The unnamed foster daughter in the other case was only 15 (see ‘<a href="http://fullcomment.nationalpost.com/2013/04/05/christie-blatchford-sometimes-judges-just-dont-get-how-to-handle-child-sexual-assaults/" target="_blank"><span style="color: purple;">Sometimes judges just don’t get how to handle child sexual assaults</span></a>,’ by Christie Blatchford, Apr 5, 2013). <br />
<br />
Since I am unfamiliar with changes in the laws and other organizations’ take on them, I have to assume the information at ‘<a href="http://yourlaws.ca/criminal-code-canada/153-sexual-exploitation" target="_blank"><span style="color: purple;">153. Sexual exploitation, YourLaws.ca</span></a>’is fairly recent, but is not covered within the same laws under ‘Child’s Rights Approach’ on the CCRC website, which mentions the legal age for sex and the allowed age difference (see <a href="http://www.canadiancrc.com/Child_sexual_exploitation_age_consent_K_Covell_07SEP06.aspx" target="_blank"><span style="color: purple;">Child sexual exploitation and the age of consent</span></a>, by Katherine Covell, Sept 6, 2007. See alternate link in list of resources). <br />
<br />
<span style="font-size: large;">Trust and betrayal</span> <br />
<br />
Although age and the age difference are important factors in the case of Anne Kneale and Bill Mates, the third factor in the case of sexual exploitation laid against him is the fiduciary nature of the relationship, one of trust between a young charge and her mentor, especially considering that she was in a foreign country, in his charge, when the incident happened. <br />
<br />
The fact that Ms Kneale felt betrayed is not so out of the ordinary, even considering that the man accused of the act was in a position of trust. In everyday life, women encounter men – or women – in whom they put their trust, such as academic supervisors or professors, and colleagues or bosses, not to mention medical professionals and husbands. But it must have been because of her age, the age difference, and the mentoring relationship, that it was determined that she had been ‘sexually exploited,’ under the law. <br />
<br />
As I understand it, some of the laws that take into consideration age, age difference and relationships of trust formed with vulnerable people have been introduced because of changing attitudes towards disabled people, girls drawn into internet relationships, and increased awareness of trafficking of girls and women. <br />
<br />
<b>Added May 19, 2013</b>: <b>the law against sexual exploitation in relationships of trust came into existence in 1998</b> <a href="http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c22&parl=39&ses=1" target="_blank"><span style="color: purple;">(Parliament of Canada Bill C-22</span></a>, by Robin MacKay, Feb 21, 2007).<br />
<br />
Even though Ms Kneale was considered to have been ‘sexually exploited’ under the law, I can’t help think that she doesn’t appear to have been, in the way we usually think of it. If she hadn’t liked Bill Mates, hadn’t enjoyed his company and sharing secrets, and his attention, she might have been able to let him know sooner that she wasn’t interested sexually, and might have been able to ward off any serious attempts by him to have sex. This kind of predatory behaviour isn’t out of character for a man, even for one who is in a position of trust – or older. She was under his care in a foreign country; however, she was with someone with whom she had developed a friendly relationship. He had no right to do what he did, but if such a friendly casualness between a charge and her mentor had not been permitted to continue, would it have been as likely to become sexualized?<br />
<br />
Ms Kneale spoke of Mr Mates decision to plead guilty, once it all came to light and he was charged with sexual exploitation. The article states that he “owned up to the pain he caused” as though he knew he had caused her pain and cared. Kneale herself thought that he probably didn’t mean it but said that as it was the best course of action rather than plead not guilty. Had he done that, he would have appeared as being unwilling to take responsibility for his actions. In my experience, people who have done me harm sometimes do express regret for their actions, usually not publically, and usually not saying specifically what went wrong, but for the most part I haven’t seen that translate to making things right, in ways that would make a positive difference.<br />
<br />
The article states, “ ‘Up until now,’ she said, ‘he had shown no regard for my state of mind’.” (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). But on the other hand, she hasn’t shown any regard for his state of mind. <br />
<br />
I am wondering what qualities a ‘high achiever’ for the Duke of Edinburgh’s Award program is expected to have. On the website, it states that “The Duke of Edinburgh’s Award was founded by His Royal Highness The Prince Philip Duke of Edinburgh, to encourage personal development and community involvement for young people” (<a href="http://www.dukeofed.org/philosophy-operational-principles" target="_blank"><span style="color: purple;">Philosophy and Operational Principles, Duke of Edinburgh’s Award website</span></a>, 2013).<br />
<br />
It’s not difficult to see that one of the mentors in charge of the month-long trip abroad was lacking in personal integrity, but should all the responsibility be placed on this one man, or were there decisions made prior to the trip that could have avoided this kind of trouble. Are the young people provided with the information they needed, and did they have the character traits that would enable them to handle difficult situations. We’re not talking about a disabled person here, or a vulnerable girl being sold into slavery. We’re talking about a teenage girl travelling to a foreign country on the Duke of Edinburgh’s Award program, having a good time with her supervisor. It went too far, and it looks as if someone had to be blamed, even though mistakes were made throughout the process. <br />
<br />
<span style="font-size: large;">Miscommunication and exploitation – sending the wrong signals</span><br />
<br />
Women can often feel close to a man, as a friend or mentor, only to have him see the friendship as something else – guided by his hormones, his psyche, and by social conditioning. A criminal justice website from Scotland explains under the heading Sexual Offences how they understand the concept of consent:<br />
<br />
"This approach to consent presumes that there is a generally agreed understanding of when someone is consenting to sex and when they are not. However, the Commission points out that men and women tend to adopt different perspectives of sexual interaction. For example, what for a woman is simply friendly behaviour can be interpreted by men as sexual flirtation. Additionally, failing to provide a definition of consent can allow an accused to exploit the vagueness and uncertainty this creates by persuading a jury that, although the complainer at trial says she did not consent, her behaviour at the time, for example being drunk or wearing revealing clothing, suggested otherwise. This can appeal to inappropriate social perspectives of the victim and the victim's role in the offence (4), drawing attention away from the conduct of the accused" (<a href="http://www.cjscotland.org.uk/index.php/cjscotland/dynamic_page/?title=sexual_offences" target="_blank"><span style="color: purple;">Making Sense of Rape and Other Sexual Offences</span></a>, by Fiona Southward, Apr 26, 2006). <br />
<br />
The problem in this case of Bill Mates and Anne Kneale was that she was underage, and with a much older man who was supposed to have her best interests at heart, while in a foreign country. Due to her youthfulness and inexperience, I think, she was viewed as having been exploited by the older man. But isn’t this only part of the story?<br />
<br />
Men can be exploited too, as sex can sometimes be a bargaining chip for women. Sometimes, when a girl has sex with a man, she may be unaware that she benefits from that, for being the kind of woman that men approve of. While young, women participate in sex as a normal human activity, one could say – and in so doing, perpetuate the values and customs of society, and the promise of a next generation. Only in saying ‘no’ might they come to see the value of sex in society. If all women who had unwanted or coerced sex saw themselves as exploited the world would seem a dangerous place indeed. <br />
<br />
I know what it’s like to be involved in sexualized incidents, and sometimes with boys/men I would then encounter in my daily life. On occasion, I tried to tell about the incidents but was silenced, and then usually blamed. But we learn to live with it. It isn’t always retribution that women want, perhaps just to have some understanding, or to have the person out of our life, depending on the circumstances. After a while, even getting understanding might not be an aim. I don’t see that retribution is always the answer, either. Men are hardwired, depending on personal characteristics, to seek sex. To me, trying to understand why they did what they did has been something that I can do, and I can write about. I write about such situations from both perspectives. But that’s what people do – find meaning in the bad things that happen.<br />
<br />
I don’t know how good young women are at putting to use the word ‘no’ when interpersonal social relationships become sexualized. I was able to extricate myself from unwanted sexual encounters. But sometimes it seemed as though I was punished for doing so. I wonder whether having sex first and then laying a complaint only much later, if at all, is how some students are able to move forward in their lives and careers. Not having sex, a tactic feminist activists promote for those who don’t want to, seems to me to be a self-defeating practice and attitude to have. It doesn’t lead to one being ‘liked’, which I am told is how a university might do their hiring. For more on this, see my life story, revised this year, 2013, from being a summary of my life to an in-depth narrative including some sociohistorical analysis (<a href="http://samcpherson.homestead.com/StoryofMyLife.html" target="_blank"><span style="color: purple;">Story of my life</span></a>, by Sue McPherson, 2013).<br />
<br />
Saying ‘no’ to sex is an area of interpersonal relationships or intimacy that is fraught with misunderstandings and hurt feelings on both sides. It seems to me it is fairly normal for some men with power (the prof, the boss), to seek sexual relations with like-minded women. In those situations, sending the wrong signals can have disastrous results. The fact that women are not like men, certainly not like-minded or the same hormonally when it comes to sex, sometimes seems to escape them – both men and women. It seems there were clues that problems might be looming, as mentioned in this article about the case, as follows:<br />
<br />
“Once, Mates told her she “looked like a Bond girl” when he saw her walking out of the ocean wearing a bikini. He said he was “horny” and that it was difficult to be away from home” (<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom" target="_blank"><span style="color: purple;">Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom</span></a>, by Jane Sims, Mar 19, 2013). <br />
<br />
Looking back, I’m sure she could see the signs now, but at the time, it must not have occurred to her what was coming. I’m not placing blame on the young woman. But this is how men act, even men with girls young enough to be their daughters. It doesn’t make it right what he did, but it is an explanation for how it might have come about (<a href="http://www.nytimes.com/2008/01/15/health/15mind.html?ex=1358053200&en=3ba147e1f0059601&ei=5124&partner=permalink&exprod=permalink&_r=0" target="_blank"><span style="color: purple;">Maybe He’s a Narcissistic Jerk</span></a>, by Richard Friedman, Jan 15, 2008).<br />
<br />
<span style="font-size: large;">Testosterone and midlife change</span><br />
<br />
The naturalness of male hormones is not an acceptable legal defence, though I don’t see why hormonally driven behavior (upheld by social conditioning) can’t be seen as an explanation for men’s behaviour, even if not a legal one. The previous popularity of women using PMS as a legal defense has waned, as it was thought that attributing women’s mood swings to their menstrual cycle was not supported by the evidence, according to Dr Sarah Romans (<a href="http://m.theatlantic.com/health/archive/2012/10/pms-and-the-wandering-womb/263398/" target="_blank"><span style="color: purple;">PMS and the Wandering Womb</span></a>, by James Hamblin, Oct 16, 2012). Besides that, it is a political issue for feminists, however, as the connection between women’s reproductive system and their ability to function well is seen as harmful for women’s advancement in the workplace. So although in the 80s it was seen as possibly a useful defence for the future, that may not be a possiblity for the future (<a href="http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1491301" target="_blank"><span style="color: purple;">Legal implications of premenstrual syndrome: a Canadian perspective</span></a>, by E. Meehan, K. MacRae, Sept 15, 1986).<br />
<br />
The difference between men’s hormones and women’s is that women are sometimes said to have negative moods or “low moods” that are associated with pre-menstrual syndrome, not the kind of feelings most men have, surely, on a day-to-day basis, and not considered to be ‘negative’. Perhaps the same kind of “low moods” – angry or upset - that some girls are said to experience pre-menstrually are similar to those some men have when they go beyond the usual persuasive attempts to get someone to have sex with them. Thus, women’s disfunctional hormones, when used as a defence (see <a href="http://www.cbc.ca/news/canada/story/2009/06/18/f-legal-defence.html" target="_blank"><span style="color: purple;">Oddly legal defences</span></a>, by Amber Hildebrandt, June 22, 2009) weren’t on the same level as men’s which are considered normal unless the man is overly aggressive or there were other circumstances. By nature, men seek out sexual partners, not to rape, or to abuse, but to have sex with. <br />
<br />
In this way, I would conclude that men’s hormonal swings are not the same as women’s and cannot be compared and seen to be the same as women’s. But can they be seen as a defence? I think that depends on the incident, and any history of similar incidents in the man’s life, as well as the circumstances in which it happens.<br />
<br />
I would think that, rather than ignore the normal hormonal effects on sexual behaviour or the unusual effects on the behaviour or moods of women, in the effort to maintain the illusion of sameness, that examining how hormones affect each gender would make using both malfunctioning and normal hormones as a legal defence a possibility. And yet, if something is ‘normal’ and not seen as pathological, it isn’t seen as a possible reason for committing an act that goes against society’s laws. It’s as though we are supposed to pretend our society is a natural phenomenon and not that it has been socially constructed and requires people to obey rules and laws that go against human nature.<br />
<br />
If a man were going through a midlife crisis, questioning his purpose here in this world as he grows older, at the same time possibly noticing physical changes affecting his sense of his own masculinity, might that be seen as motive for unreasonable behaviour or seeking a change in life? (<a href="http://psychcentral.com/lib/2007/the-male-midlife-crisis/all/1/" target="_blank"><span style="color: purple;">The Male Midlife Crisis</span></a>, by Harold Cohen, 2007). The same could be said of women going through menopause, though some of their concerns would no doubt be very different (<a href="http://samcpherson.homestead.com/files/EssaysandWriting/MenopauseAgngFmnintySMcPherson.doc" target="_blank"><span style="color: purple;">Menopause and Aging Femininity</span></a>, by Sue McPherson, 2003). Men seek out sex – for fun, as a means for stress relief, or as a response to a crisis of masculinity or midlife aging, or perhaps a questioning of the very meaning of their own life up to this point. Add to that male hormones. <br />
<br />
<span style="font-size: large;">Feminism</span><br />
<br />
Feminists have been known to ask for nothing less than zero tolerance when it comes to men’s bad behaviour. But considering the circumstances of some cases, one has to question whether this is reasonable. <br />
<br />
A recent feminist concern has been whether women should be able to wear whatever they like, whenever they like. They claim that it doesn’t matter what a girl or woman wears, that a man should not take that as an invitation. If a woman is wearing sexy clothing, it doesn’t mean that she is trying to look sexy for him, or for anybody. Women are to be looked at and appreciated, not stared at or coerced into having sex. <br />
<br />
Regardless of what feminists write about sexual assault or exploitation, about the need for women to learn how to say ‘no,’ the fact is that saying ‘no,’ or walking away doesn’t have the same impact on a judge or a reading public as actually having unwanted sex and then complaining about it.<br />
<br />
It is usually those who submit unwillingly, or who have obviously suffered violence, who are seen as having undergone trauma or been victimized, while the woman who manages to escape an unwanted sexual situation isn’t as likely to be seen as being victimized, even though it may result in loss of career or wreak emotional havoc. This phenomenon is due to situations that are physically violent or sexual or larger than life being easier to visualize and having a greater impact on the reader than the impact left by hearing about a psychological or emotional threat.<br />
<br />
Attributing some aspects of male behaviour to hormones, namely, testosterone, wouldn’t be considered a possibility by feminists, probably, due to their efforts to separate women’s emotional mood swings from anything to do with their reproductive system. Menopause was once seen as a cause for the incarceration of women in mental hospitals, and more recently pms (pre-menstrual syndrome) has been used as a legal defence, though it has fallen out of favour (<a href="http://indylaw.indiana.edu/ilr/pdf/vol32p1267.pdf" target="_blank"><span style="color: purple;">On Mirror and Gavels: A Chronicle of How Menopause Was Used as a Legal Defense Against Women</span></a>, by Phyllis T. Bookspan, Maxine Kline, 1999). <br />
<br />
<i><b>Feminists like to talk of ‘rape culture.’ ‘Leading him on’ and getting blamed for it is one 2-dimensional thought that feminists and now women in general are defensive about. Women might say they have been blamed because they ‘led him on,’ though what counts for ‘leading a man on’ might be as little as a smile or being one’s usual self, or to be more impactful, dressing provocatively, or expressing oneself sexually using body language or verbal flirtatiousness. It doesn’t mean that women are to blame for negative consequences such as unwanted sex. But it could happen that they did lead the man on, not realizing that that’s what they were doing – leading him on to expect sex. And if that happens, if the young woman doesn’t say ‘no,’ then the man might not realize that she didn’t want sex. </b></i><br />
<b><i><br /></i>
<i>On the other hand, sexuality is more complicated than that. Half a century ago, in a more traditional society, women weren’t encouraged to be as overtly sexual (in clothing, manner) as they are today, another reason being the lack of the Pill, both realistic reasons why casual sex wasn’t as popular then. The Woodstock generation of the sixties had an influence on society, but it surely took a long time to reach people in every small town, instilled with the values of a patriarchal society and its obedient wives and children.</i></b><br />
<b><i><br /></i>
<i>Finding sexual partners might have been more difficult for men, as young women wouldn’t have been as willing as they are in this era of sexual ‘liberation,’ of ‘hookup culture’. Even if we describe this era as one in which women now have the financial independence and freedom to make choices about their sexual partners, the result is the same. This freedom, under the guise of being a woman’s right, without need for responsibility, can be what leads to misunderstandings. </i></b><br />
<i><b>Added May 22, 2013</b></i><br />
<div>
<br /></div>
<i><b><span style="font-size: large;">Beyond the law </span>(added May 22, 2013)</b></i><br />
<i><br /></i>
<i><b>In the case of Anne Kneale and Bill Mates, it was several years later that he made arrangements to meet her sister for lunch – a purely innocent activivity taken alone, but one that caused Anne Kneale concern. How do we know that he even realized, at that point of setting up a lunch date, that Anne had not enjoyed their sexual encounter as much as he had. Perhaps he was expecting something similar from another member of her family, but if no one pointed out to him that he was mistaken the first time around, how would he know that his approach was not wanted?</b></i><br />
<i><b><br />
Bill Mates would have realized he had broken a law (no sex with someone age 16 to 18 with whom he was in a relationship of trust & authority), but is that law a good law? In hookup culture, and in a society in which young women often interact with their elders in a mutual fashion, as though they were equals, and not in a way in which one was the ‘authority,’ how unusual was it for two people of two different generations to have a forbidden sexual encounter, and to think only later (separately) about the significance of it. </b></i><br />
<div>
<br /></div>
<span style="font-size: large;">Conclusions</span><br />
<br />
When it comes to sex, men and women don’t think alike. If there’s one main aspect of our society that’s going to cause misunderstandings and hurt feelings, it’s sex. All this happens within a setting understood through our traditional ideals from the past, while passing into postmodernity, in which masculinity and femininity are in a state of flux. Many men no longer have the power they once had. But many women do. Sorting out who has the real power and who is getting harmed - who is exploiting who - can be difficult.<br />
<br />
The case of Anne Kneale vs Bill Mates informs men, perhaps unintentionally, that they can be caught out at any time – and they’d better watch their step. If they have to pick on anyone, pick on girls without the families and social network – the backing – to fight back. Thus, severe punishment may not be the answer if what one wants is a more compassionate and understanding society. <br />
<br />
More thought on the place of hormones in these situations might be helpful, not as a legal defence but so that normal male behaviour isn’t seen as vile as it is often made out to be. Differences matter when it comes to sex between men and women. <br />
<br />
It makes it easier, once the young woman Anne Kneale becomes a med student, to allow this case to come to court. She has the credibility, and can be seen to be what her future promised, those few years back, when she travelled abroad with other young people and their mentors. And she has the power to be heard. But I question the ethics of making one person take responsibility for all that happened.<br />
<br />
What Bill Mates did was wrong, legally. I happen to think he’s not the only one who made errors of judgment or took a lax attitude towards what should have been a memorable trip abroad for ‘high achievers’. <br />
<br />
<b><i>Laws are continually being made (and sometimes cast out in favour of new ones) because the old ones don’t work any more. As attitudes towards authority change in our society, with social class being the great equalizer, people from different age cohorts, races or nationalities, genders, or occupations, interact as equals. I don’t imagine that Bill Mates had the kind of authority over Anne Kneale that most father figures would have had 50 years ago, or that a stranger would have had acting as chaperone on that trip. He held the train tickets, and paid for the hotels, but in other ways, he interacted as one of them, not as superior to and aloof from them, and not intentionally as a threat to their well-being. [Added May 22, 2013]</i></b><br />
<b><br /></b>
Added Apr 25, 2013 (updated Apr 26)<br />
<br />
In a recent discussion following the article about the recent SlutWalk in London, questions concerning consent, rights, and responsibilities were raised (<a href="http://metronews.ca/news/london/642307/london-slutwalk-sees-record-turnout" target="_blank"><span style="background-color: white; color: purple;">London SlutWalk sees record turnout</span></a>, by Dave De Vries, Apr 21, 2013). In my last comment there, I submitted URLS for two relevant pieces from my blog that deal with the issues of consent and the exchange of sex for better grades at university. I would like to draw readers' attention these blog pieces, as they could provide beneficial reading material for young people planning trips abroad where they might find themselves facing possible harm, due to misunderstandings and miscommunication.<br />
<br />
The London Slut Walk - The 'S' word should be SEX, not slut April 8, 2011<br />
<a href="http://suemcpherson.blogspot.com/2011/04/s-word-not-slut-sex.html"><span style="color: purple;">http://suemcpherson.blogspot.com/2011/04/s-word-not-slut-sex.html</span></a><br />
Sex for grades in universities Jan 22, 2010 <br />
<a href="http://suemcpherson.blogspot.ca/2010/01/sex-for-grades-in-universities.html"><span style="color: purple;">http://suemcpherson.blogspot.ca/2010/01/sex-for-grades-in-universities.html</span></a><br />
<br />
<br />
Reference List<br />
<br />
153. Sexual exploitation<br />
YourLaws.ca<br />
nd<br />
<a href="http://yourlaws.ca/criminal-code-canada/153-sexual-exploitation"><span style="color: purple;">http://yourlaws.ca/criminal-code-canada/153-sexual-exploitation</span></a><br />
retrieved Apr 11, 2013<br />
<br />
Becoming A Woman: Simone de Beauvoir on Female Embodiment<br />
By Felicity Joseph<br />
Philosophy Now<br />
2008<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2008_Becoming_A_Woman.doc"><span style="color: purple; font-size: xx-small;">http://samcpherson.homestead.com/files/Miscellaneous/2008_Becoming_A_Woman.doc</span></a><br />
<br />
Child sexual exploitation and the age of consent<br />
By Katherine Covell <br />
Sept 7, 2006 [note correction of date of earlier listing of this article here]<br />
Canadian Children's Rights Centre <br />
<a href="http://www.canadiancrc.com/Child_sexual_exploitation_age_consent_K_Covell_07SEP06.aspx"><span style="color: purple; font-size: xx-small;">http://www.canadiancrc.com/Child_sexual_exploitation_age_consent_K_Covell_07SEP06.aspx</span></a><span style="color: purple; font-size: xx-small;"> </span><br />
Retrieved Apr 10, 2013<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/2006_Sept_Child_SexualExploitation_AgeOfConsent.doc"><span style="color: purple; font-size: xx-small;">http://samcpherson.homestead.com/files/Miscellaneous/2006_Sept_Child_SexualExploitation_AgeOfConsent.doc</span></a><br />
<br />
Former Ingersoll Economic officer Bill Mates pleads guilty to sexual exploitation in London courtroom <br />
By Jane Sims<br />
London Free Press<br />
Mar 19, 2013<br />
<a href="http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom"><span style="color: purple;">http://www.lfpress.com/2013/03/18/former-ingersoll-economic-officer-bill-mates-pleads-guilty-to-sexual-exploitation-in-london-courtroom</span></a> <br />
<br />
Ingersoll Didn't Fire Mates over Charge <br />
104.7 Heart FM<br />
Breaking Local News Archives for March 2013 <br />
Posted About Two Months Ago<br />
<a href="http://www.1047.ca/local-news/archives/2013-03/"><span style="color: purple;">http://www.1047.ca/local-news/archives/2013-03/</span></a> <br />
Retr. May 13 2013 <br />
<br />
Legal implications of premenstrual syndrome: a Canadian perspective<br />
By E. Meehan, K. MacRae<br />
CMAJ, vol. 135 no. 6<br />
Sept 15, 1986 <br />
<a href="http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1491301/"><span style="color: purple;">http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1491301/</span></a> or<br />
<a href="http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1491301/pdf/cmaj00126-0027.pdf"><span style="color: purple; font-size: x-small;">http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1491301/pdf/cmaj00126-0027.pdf</span></a><br />
retrieved Apr 10, 2013<br />
<br />
London SlutWalk sees record turnout<br />
By Dave De Vries<br />
Metro News – London area<br />
Apr 21, 2013, updated 22nd<br />
<span style="color: purple;"><a href="http://metronews.ca/news/london/642307/london-slutwalk-sees-record-turnout"><span style="color: purple; font-size: x-small;">http://metronews.ca/news/london/642307/london-slutwalk-sees-record-turnout</span></a> /</span><br />
<br />
Making Sense of Rape and Other Sexual Offences<br />
By Fiona Southward<br />
Criminal Justice Scotland<br />
Apr 26, 2006<br />
<a href="http://www.cjscotland.org.uk/index.php/cjscotland/dynamic_page/?title=sexual_offences"><span style="color: purple;">http://www.cjscotland.org.uk/index.php/cjscotland/dynamic_page/?title=sexual_offences</span></a><br />
Retrieved Apr 12, 2013<br />
<br />
Maybe He’s a Narcissistic Jerk<br />
By Richard A Friedman, M.D.<br />
NY Times<br />
Jan 15, 2008<br />
<a href="http://www.nytimes.com/2008/01/15/health/15mind.html?ex=1358053200&en=3ba147e1f0059601&ei=5124&partner=permalink&exprod=permalink&_r=0"><span style="color: purple; font-size: xx-small;">http://www.nytimes.com/2008/01/15/health/15mind.html?ex=1358053200&en=3ba147e1f0059601&ei=5124&partner=permalink&exprod=permalink&_r=0</span></a><br />
<br />
The Male Midlife Crisis<br />
By Harold Cohen<br />
Psych Central<br />
2007<br />
<a href="http://psychcentral.com/lib/2007/the-male-midlife-crisis/all/1/"><span style="color: purple;">http://psychcentral.com/lib/2007/the-male-midlife-crisis/all/1/</span></a><br />
<br />
Menopause and Aging Femininity <br />
By Sue McPherson<br />
S A McPherson website <br />
2003<br />
<a href="http://samcpherson.homestead.com/files/EssaysandWriting/MenopauseAgngFmnintySMcPherson.doc"><span style="color: purple; font-size: xx-small;">http://samcpherson.homestead.com/files/EssaysandWriting/MenopauseAgngFmnintySMcPherson.doc</span></a><br />
<span style="font-size: x-small;">If using Google or Firefox, save the download, and access to file will appear in lower left-hand corner. Internet Explorer still allows automatic access.</span><br />
<br />
Oddly legal defences<br />
By Amber Hildebrandt <br />
CBC News<br />
June 22, 2009 <br />
<a href="http://www.cbc.ca/news/canada/story/2009/06/18/f-legal-defence.html"><span style="color: purple;">http://www.cbc.ca/news/canada/story/2009/06/18/f-legal-defence.html</span></a> <br />
<br />
On Mirror and Gavels: A Chronicle of How Menopause Was Used as a Legal Defense Against Women<br />
By Phyllis T. Bookspan, Maxine Kline<br />
Indiana Law Review Vol 32, No 4, pp 1267 – 1318<br />
1999<br />
<a href="http://indylaw.indiana.edu/ilr/pdf/vol32p1267.pdf"><span style="color: purple;">http://indylaw.indiana.edu/ilr/pdf/vol32p1267.pdf</span></a><br />
<br />
Parliament of Canada Bill C-22<br />
Prepared by: Robin MacKay, Law and Government Division<br />
Feb 21, 2007, Revised Aug 2, 2007<br />
<a href="http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c22&parl=39&ses=1"><span style="color: purple; font-size: xx-small;">http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c22&parl=39&ses=1</span></a><br />
Retr May 16, 2013<br />
<a href="http://samcpherson.homestead.com/files/Miscellaneous/Parliament_of_Canada_Bill_C_22.doc"><span style="color: purple; font-size: xx-small;">http://samcpherson.homestead.com/files/Miscellaneous/Parliament_of_Canada_Bill_C_22.doc</span></a><br />
<br />
Philosophy and Operational Principles<br />
Duke of Edinburgh’s Award website<br />
2013<br />
<a href="http://www.dukeofed.org/philosophy-operational-principles"><span style="color: purple;">http://www.dukeofed.org/philosophy-operational-principles</span></a><br />
retrieved Apr 13, 2013<br />
<br />
PMS and the Wandering Womb<br />
By James Hamblin<br />
Atlantic Monthly<br />
Oct 16, 2012<br />
<a href="http://m.theatlantic.com/health/archive/2012/10/pms-and-the-wandering-womb/263398/"><span style="color: purple; font-size: x-small;">http://m.theatlantic.com/health/archive/2012/10/pms-and-the-wandering-womb/263398/</span></a> <br />
<br />
Sexual exploitation charge: Accused led youth trip <br />
By Heather Rivers<br />
Woodstock Sentinel-Review<br />
July 4, 2011 <br />
<a href="http://www.woodstocksentinelreview.com/2011/07/04/sexual-exploitation-charge-accused-led-youth-trip"><span style="color: purple; font-size: x-small;">http://www.woodstocksentinelreview.com/2011/07/04/sexual-exploitation-charge-accused-led-youth-trip</span></a><br />
<br />
Sometimes judges just don’t get how to handle child sexual assaults<br />
By Christie Blatchford <br />
National Post Full Comment<br />
Apr 5, 2013<br />
<a href="http://fullcomment.nationalpost.com/2013/04/05/christie-blatchford-sometimes-judges-just-dont-get-how-to-handle-child-sexual-assaults/"><span style="color: purple; font-size: x-small;">http://fullcomment.nationalpost.com/2013/04/05/christie-blatchford-sometimes-judges-just-dont-get-how-to-handle-child-sexual-assaults/</span></a><br />
<br />
Story of my life (revised)<br />
By Sue McPherson<br />
S A McPherson website<br />
2013<br />
<a href="http://samcpherson.homestead.com/StoryofMyLife.html"><span style="color: purple;">http://samcpherson.homestead.com/StoryofMyLife.html</span></a><br />
<br />
<div>
<span style="font-size: medium;"><span style="font-size: small;">
William
Mates sentenced to one year for sexual exploitation<br />
By
Brent Boles<br />
The
London Free Press<br />
Wednesday,
August 7, 2013 12:38:08 EDT PM</span></span><br />
<a href="http://www.lfpress.com/2013/08/07/william-mates-sentenced-to-one-year-for-sexual-exploitation"><span style="color: purple;">http://www.lfpress.com/2013/08/07/william-mates-sentenced-to-one-year-for-sexual-exploitation</span></a><br />
<span style="font-size: medium;"><span style="font-size: small;">
</span></span></div>
<br />
<br />
<div>
</div>
<div>
<br /></div>
Sue McPhersonhttp://www.blogger.com/profile/04163697194558917331noreply@blogger.com7