Showing posts with label Roger Yachetti. Show all posts
Showing posts with label Roger Yachetti. Show all posts

Wednesday, 27 February 2013

This month, February 2013, we celebrated my Mom's 75th Birthday.

Happy 75th Birthday Mom!!

My Mom was born in 1938 before World War II in Mabolo, Cebu City, Philippines. On the Pacific front, WWII began in 1942.

Most of my Mom's siblings (she's the 2nd eldest of 11 children) live in the Philippines. Her brother Pedro & his family live nearby in the Niagara region. 

Some of my mom's siblings I've only met once (and some I haven't ever met ) .. .Corazon, Lilia, Victorio (Vic), Teresita, Perpetuo (Petot), Maria Luz (Dede), Eva, Jocelyn.

My Mom's hometown, Cebu City, was the first Spanish settlement in the Philippines.

Ferdinand Magellan brought missionary zeal when he sailed in Cebu City in 1521. Magellan met his demise from warrior chief Lapu-Lapu on Mactain Island a few weeks later. This gave the natives temporary respite against the conquistators' incursions.

In 1565, the avenging Spaniard Miguel Lopez de Legazpi delivered Cebu and eventually the rest of the Philippines to Spain and Catholicism. My mom's strong faith as a devout, practising Catholic probably stems back to her upbringing, rooted in hundreds of years of imperialism & Catholicisim in the Philippines.

In 1575, the founding of the Villa del Santisimo Nombre de Jesús (Village of the Most Holy Name of Jesus) marked Cebu City as the first Spanish settlement in the Philippines.

The Spanish weren't the only visitors to the Philippines. My Mom's name in Portugese means Christmas 'Natividad'. 

When Ferdinand Magellan sailed into the Port of Cebu on 7 April 1521, an eyewitness account relates that he was already a latecomer: 'Many sailing vessels from Siam, China and Arabia were docked in the port. The people ate from porcelain wares and used a lot of gold and jewellery…'

My Mom's great-grandmother's maiden surname (paternal side) was 'Yap', indicative of her Chinese ancestry. My great-great grandmother Yap fished and farmed to support her family.

My Mom studied nursing at Southwestern University in Cebu City. After she graduated in nursing, my Mom immigrated to Chicago in 1962 where she worked at Cook County Hospital and Bethany Brethren Hospital. My Mom was prepared to be treated differently in Chicago in the early '60s.  Her nursing training at Southwestern University in Cebu prepared their students for this. My Mom said she was taught not to make a fuss or not to resist if they were told to move to a different seat in a public facility.

Chicago Freedom Movement (1965-1967)
Some of my Mom's nursing friends eventually accepted job offers in Hamilton, Ontario, Canada.

My Mom eventually applied to some of these positions. She moved to Hamilton just before the growing momentum of the Chicago Freedom Movement, an ambitious civil rights campaign from 1965-1967.

Since 1962, the CCCO (Coordinating Council of Community Organizations) had harnessed anger over racial inequality, especially in the public schools, in the city of Chicago to build the most sustained local civil rights movement in the North.

Dr. Martin Luther King Jr. placed demands on the doors of Chicago City Hall in order to gain leverage with city leaders in 1966. Some of these demands addressed housing discrimination, education, transportation and job access, income and employment, health, wealth generation, crime and the criminal justice system, community development and quality of life.

Civility v Civil Rights

My Mom pointed out to me the incompatibility between 'civility' versus 'civil rights'.
The extent to which civility was not compatible with the promise of racial justice has strong similarities with the Law Society's Civility Complaints Protocol. W.A. Derry Millar actually mentioned that growing diveristy of the Bar was one of the reasons proferred to explain the supposed decline in civility. His unsound Civility Complaints Protocol coupled with judicial immunity breaches one's Charter rights. An individual is entitled to confront their accuser(s) under oath but with judicial immunity & Millar's unsound Civility Complaints Protocol, the LSUC is trampling on lawyers' Charter rights.

Law Society of Upper Canada - Civility Complaints Protocol

The duality of 'civility' discourse versus civil unrest & disorder has the same duality as the Law Society's discourse of 'civility' versus argumentative 'tone' & 'words' of female, sole practitioners.

My good friend Elsie was name-called 'baboon' by one of the Law Society's witnesses. The Law Society does not believe this prejudice is relevant to their witnesses' credibility or to their Conduct Application against her which makes numerous unfounded allegations. Instead, Elsie's LSUC Panel   suggested their Conduct Application simply relates solely to issues of tardiness, and refuses to admit the materiality and Stinchcombe relevance.

Former LSUC Treasurer's (W.A. Derry Millar) pernicious and insidious Civility Complaints Protocol is being mis-used in a discriminatory, economic way against sole practitioners from non-traditional backgrounds.

Name-calling 'Baboon' condoned by LSUC Panel

The Law Society is content to condone name-calling 'halfway house', 'baboon' etc.  Clearly, the Law Society is still stuck in the historial period (1791-1841) of Upper Canada with the prejudices of that era.

Prejudice disguised as 'Civility' continues to discriminate & oppress lawyers from non-traditional backgrounds.

My Mom is disgusted that the Law Society proceeded with their hearing & Estates Application against me in my absence when I'm battling cancer.

I attended at Estates Court to view the LSUC's Application. At the computer, it asks the computer user to enter the name of the deceased. So, I entered my name. Then it asks the computer user to enter the Date of Death. Since my file number could not be retrieved this way, the clerk had to retrieve my file number to pull my estates file.

The Law Society's insidious behaviour far exceeds incivility. Their behaviour is appalling. This is one of many reasons why the LSUC is not fit to self-regulate or self-govern. Independent over-sight is necessary to keep the public interest protected from the private interests of lawyers regulating other lawyers.





Tuesday, 13 September 2011

Law Society of Upper Canada Bencher Election 2011

Law Society Bencher Election 2011

The 2011 Bencher Election was considered a landslide victory for female representation.  Consider that not even half of elected Benchers are female (19 of 40 Benchers or 47.5% are female).  Sadly, the traditional institution engenders the male right of privilege which includes self-governance and self-regulation.
Is this ratio supposed to sound impressive  - 19/40? ?  When your son or daughter doesn't pass their math quiz and gets only 19/40 -- would you  be impressed and verklempt with pride?
 What is Joseph J. Sullivan doing to improve the profession?
What exactly does Joseph Sullivan do, to "continue to analyze and improve the governance of the profession by the Law Society"? 
What was he doing before he became a candidate? during the campaig and after?
Joseph Sullivan office didn't make a perfunctory effort to respond to my calls in the Spring 2011.

If one relies on Mr. Sullivan's candidate profile, then it would appear that Joseph Sullivan has no solutions  for problems with the LSUC's self-governance. In his bencher candidate profile, he identified himself as a "reform candidate".
Joseph Sullivan was elected by his Hamilton peers in April 2011.



James Scarfone appears to be worried about the woeful "dictates of bureaucratic mandarins"
Why didn't James Scarfone refer to bureaucrats by some other term ?
A mandarin was a bureaucrat in Imperial China.
Is there a reason James Scarfone  used a term "bureaucratic mandarin" that has cultural and historial significance to Imperial China?  what's on the mind of James Scarfone - scholar-officials from Imperial China? 
Perhaps  Scarfone's votes came from his peers in Hamilton, not necessarily members in Toronto, Markham, Richmond Hill, Brampton, etc.
In James Scarfone's candidate profile, he expresses his perspective on self-governance.


His candidate profile stated,
"Self-governance is a privilege to be jealously guarded and entrenched, never to be taken for granted. Losing it will cost us money out of our pockets, reduce the dignity and esteem that our profession maintains, and subject our practices to the dictates of bureaucratic mandarins. This means we need to ensure the public is protected. . ."

What solutions does James Scarfone have to improve self-governance?
How would independent government over-sight on the profession cost members more money? 
Doesn't James Scarfone realize that some ill-conceived initiatives cost members more money? Does he have any ideas into what that means? (e.g. Civility Complaints Protocols)

How will promoting the public interest (e.g. independent over-sight over specious proceedings) "reduce the dignity and esteem" of the profession? What is James Scarfone talking about?

What is James Scarfone's opinion of the profession's reputation  in Hamilton ?  (the community he practises in) Is his belief based on  public opinion polls? The LSUC's public opinion polls? These should be posted on the LSUC  website, if such LSUC public opinion polls truly exist.

Why should the public interest be subordinated to lawyers' interests?

Why should practising lawyers/Benchers and their firms (Gerald A. Swaye, Gerald A. Swaye & Associates Professional Corporation, Roger Yachetti, Yachetti, Lanza and Restivo, Joseph Sullivan, James Scarfone) be given a competitive edge over other competing lawyers in the Region? That does not promote the public interest, this competetitive edge in the market of legal services.

It would appear neither James Scarfone nor Joseph Sullivan have given much thought at all to the numerous problems of self-goverance.