Hate crime noise assault

The RCMP say it is criminal harassment if I wake up any of those responsible for this noise distrubance TARGETED on me, and me alone for weeks.

In contrast, the police say that depriving me of sleep for weeks and using my own home as an assault weapon by disconnecting the downpouts outside my bedroom window, not for an emergency or necessity, but as a "precaution" for "winter weather," is not a police matter because it's a "strata" issue, and that makes it a "civil" matter.

So much for equal protection under the law. It's not surprising that the guy in Ontario killed 5 people in his condo complex.

The photos show the rain, and the metal downspout it falls on top of with loud crashing noises right outside the window of the small bedroom where I try to sleep.  

I tried to sleep without success by putting towels and foam outside, taking sleeping medication, wearing ear plugs, or keeping the TV on - while council ignored my noise complaint for weeks.

When in self defence I finally woke a couple of them up when I couldn't sleep they emailed a story that Rita Caulien Brown Vanidour, the property manager,  had our downspouts disconnected at Christmas during the freezing snow as a "precaution" and intends to leave them disconnected in case of more "winter weather" as I am the only one complaining.

I am the only one complaining, because the 4-plex where I live is the only one with disconnected downspouts, and the only other unit affected by the noise is vacant.

Noise complaint ignored

https://drive.google.com/drive/folders/1_f2Pa-cFWzz6UqxdPdeRT7gxd-nJL9v9?usp=sharing

Building 7 downspouts

https://drive.google.com/drive/folders/1StUa7WVvfZUKIul3YRykkH7lu4H_6n76?usp=sharing

Downspouts throughout the rest of the complex

https://drive.google.com/drive/folders/1pwNgyFhv0IU6sFZDX3GO26CXzUisWSqi?usp=sharing

A roofer could reconnect them for me in short order for $200, but not without strata authority. Fire and rescue can't have a ladder truck reconnect them either. 

Rita Caulien Brown Vanidour is responsible along with Georgia Title, who admits that she knows it is driving me crazy. Search Noise Complaint Ignored at  (20+) BC Strata Owners For Justice And Reforms | Facebook 

This is not an isolated incident, it is prolonged and repeated assault each time it rains in retaliation for complaining. 

The current noise assault, which has been going on for weeks, is part of a decade long series of nuisance, harassment, and vandalism perpetrated by Georgia and Rita that range from destroying our shade trees, depriving me of a gate opener for years, charging us fees not paid by others, falsely accusing me of theft and animal abuse, depriving us of access to common property, calling the police with fraudulent accusations of trespass, leaving our patio rotting for years, making defamatory publications in minutes and social media, violating privacy and confidentiality, sabotaging mediation, and vexatiously mailing photocopies of letters addressed to me instead of the originals,

This prolonged pattern of retaliation is worse than typical domestic abuse, it is torture designed to provoke me to sell.

Air Quality and Health

My comments on Human Rights are posted in another blog at Stratalaw.blogspot.com.

SUNDAY, OCTOBER 2, 2022 - SMOKE VIEWED FROM MY BEDROOM WINDOW

WEDNESDAY, SEPTEMBER 12, 2022 - WORST AIR QUALITY IN THE WORLD

SUNDAY, OCTOBER 2, 2022

Minnekhada High Knoll Wildfire

PM2.5 concentration in Coquitlam is currently 3.8 times the WHO annual air quality guideline value

https://www.facebook.com/climatescienceinfo/

HEAT AND HUMIDITY IN MY BEDROOM ON AUGUST 16, 17, 18, 2022

On September 12, 2022, Metro Vancouver had the worst air quality in the world. 

On October 2, 2022, the PM2.5 concentration in Coquitlam from the Minnekhada High Knoll Wildfire was 3.8 times the WHO annual air quality guideline value. 

On October 18, 2022, the "Air quality in Coquitlam" was "Very Poor," and the Air Quality and Health Index value was off the top of the chart at 10+ for the Central Fraser Valley, which is Very High Risk.

All of it irritated my lungs, and my mind as well.

October 18, 2022, Vancouver air quality worst in the world once again

October 19, 2022

Routine air quality advisory warnings continued, which is particularly a concern for people with underlying conditions such as lung disease, heart disease, chronic obstructive pulmonary disease (COPD), asthma and/or diabetes;

​October 21, 2022

After more than a week, Metro Vancouver Regional District ended the fine particulate matter Air Quality Advisory for Metro Vancouver and the Fraser Valley that was in effect since October 13 in the Fraser Valley and October 14 in Metro Vancouver. 

What's wrong with the LAW

It has been said that statistically, a significant percentage of self represented litigants are mentally ill. I suspect that it's true, based on a balance of probabilities and knowledge of my own experience with situationally disabling PTSD arising out of the adversarial process.

It's a crazy making experience for an innocent victim relying on the truth, the whole truth and nothing but the truth, to try to defend themselves against an irresponsible, unconscionable relay team who misrepresents facts and acts in contravention of the law with impunity. It's even more traumatic when that team is perversely supported by systemic deference from professionals, insurers, lawyers, and worst of all, the police and judges. 

 

Perverse disregard of Canada's Charter of Rights and Freedoms, and systemic deference to strata councils in lieu of equal protection under the law pretty much explains the old saying that, "only fools go where angels fear to tread." 

After decades of relentless oppression and overwhelming injustice, one of 3 things seems to happen. 1) the victim is defeated by frustration and exhaustion, 2) hysteria takes over and produces a crazy fool 3) festering rage triggers a killing rampage. What seldom, if ever, happens is any effective deterrent or compensation to make the victim whole again.

To a person who trusted in statutory promises, and relied on the law for protection, the barriers that deny access to justice are traumatic shocks, to say the least. 

It's not a level playing field. The law as written sounds protective, but in application it is discrimination, elitism, and oppression based on power and money protecting the Plutocracy. Legal fiction, litigation privilege, and limitation periods are employed to hide the truth and obstruct justice. At least, that's been my experience.

From what I've seen the biggest problem with administrative law is legislation that says something like, "Section 5 of the Offence Act does not apply to this Act or to the regulations." Section 5 of said Act says, "A person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment."  

Too many people who are responsible for enforcement of governing enactments (including members of strata councils, property management companies, lawyers, the Law Society, judges, and the police force) are bringing the law into disrepute by causing foreseeable harm to others, or profiting from their own wrongs, without being held accountable. 

Too many are acting in inherent conflicts of interest like it's an occupational requirement to deceive people and steal their time and well being, as if the laws and moral imperatives that apply to their victims don't apply them or their psychopathic methods of operating in an adversarial system.  

Too many lawyers are charging the vulnerable top dollar for shoddy service, as shown by CBC investigators for the Fifth Estate in "Betrayal of Trust" broadcast on February 17, 2017. 

I think that the adversarial system needs to be balanced with a duty of care that is in harmony with truth, law, and justice. As it is, lawyers act the opposite and claim to be magically exempt from owing anyone but their clients a duty of care. Limitation periods are strategically exploited by rogues to escape liability for wrong doing. The notion of privilege is employed to hide evidence of the truth. Police and the judiciary exercise power recklessly, without responsibility. Needless costs corrupt the law and obstruct justice. No family could ever operate that way, without becoming just as dysfunctional.

Legal fiction is expeditious for courts, but skips over discomforting facts. Some examples include:

Full Capacity
The Strata Property Act purports to provide a strata corporation with the "full capacity of a natural person." That is legal fiction. It's obvious that an artificial person doesn't have the capacity of a natural person to feel, go to jail, or die, yet the folly of equating artificial capacity with natural is too seldom recognized by the courts. It's perverse.

A strata corporation doesn't have the capacity to feel pain, die of old age, have memories, conscience, go to jail, go hungry, lie awake at night, be sickened by abuse, or have feelings of any kind at all. No artificial being has a capacity for empathy and conscience, and that complete lack in a natural person is the characteristic of a psychopath. In a gang it's called a mob, in a strata it's called democracy, and in a company it's called "limited liability" or hiding behind the "corporate veil."  http://www.forbes.com/sites/victorlipman/2013/04/25/the-disturbing-link-between-psychopathy-and-leadership/

Majority Rule
Courts purport that majority rules and government of the strata community is democratic. That is legal fiction. It is obvious that a majority is not an individual, nor is a council of 3 to 7 out of 68 owners. What is NOT obvious is that if a general quorum is a third, and they ALL cast a vote, 11 of 68 owners are called a "majority."  What is SHOCKING is that in Sunridge Estates ZERO owners casting a vote is held out to be a majority, 75%, or unanimous approval - DESPITE objections. Not a single vote was cast as required by legislation, they were just assumed by the chair who merely asked who's opposed when nobody knew what was happening. Making it worse, when votes ARE cast, multiple proxies repeatedly collected by power mongers for their own interests interfere with the true majority of those who care enough to attend a meeting.

Ballot Box
Courts defer to those governing. The recourse of the owners who are dissatisfied with the conduct of the council is at the ballot box, so they say, but that is legal fiction. An annual general meeting at Sunridge Estates omits the ballot box, nominations, votes, and irregularities in the minutes - DESPITE objections. It's corruption that I'm afraid runs rampant throughout BC's strata agency industry, which it couldn't do without systemic deference by the courts.

Some examples of Privilege include:

Inherent conflicts of interest
Conflict is fundamental to legal professionals being able to make a living. Easily avoidable conflict in strata law is systemic and speaks for itself. 

Example #1. Section 121 of the Strata Property Act provides that with the exception of age and rental restrictions a bylaw is not enforceable to the extent that it prohibits or "restricts" the right of an owner to "freely" sell. Standard Bylaw 3(1) in the Act imposes bona fide prohibitions on causing unreasonable nuisance, noise, or interference with use and enjoyment of property. Since section 121 is paramount over strata bylaws it can't be reasonably maintained that the Legislature did not contemplate conflict arising out of redundant or conflicting restrictions in the Standard Bylaws for others less privileged.

I find it hard to imagine that highly privileged judges would find no "restriction" on "freely" selling their own property if they were forced to automatically turn away half a dozen categories of prospective buyers when the time came to move: the first category because of their age, the second because of they want a rental, the third because of their pets, the fourth because of their clients, the fifth because of their window coverings, the sixth because of their floor coverings, the seventh because they were not prepared to accept the unreasonable interference with their use and enjoyment, and last but not least, anyone and everyone not in agreement with indemnity agreements that offload the responsibility of authorities.

In view of the existence of comprehensive nuisance prohibitions most judges would probably find many automatically accepted Standard Bylaws unenforceable if they affected themselves personally. I, at least, find some bylaws a sign of negligence, which comes from strata lawyers who purport to owe no duty of care to strata owners, and bylaws more absurd than protective or necessary are fodder for conflict and legal disputes.

Example #2. Monopoly unreasonably obstructing public access to legal services
to be continued...

Example #3. Factual misrepresentations
to be continued...

Example #4. Withholding evidence.
to be continued...

Some examples of Limitations include:
Unconscionable delays
Ruinous costs
Profit from wrongs

Notice of Civil Claim

“Injustice anywhere is a threat to justice everywhere.” Martin Luther King

I would rather be sailing... Instead I am praying to the court for relief from significantly unfair treatment in a strata corporation that has become a living nightmare to me.   

After I delivered this notice of civil claim in October 2014 a defendant described it as PROLIX - a word I could not remember hearing previously. It means containing too many words; tediously lengthy. I admit it and apologize.  I tried my best to make my claims concise but post traumatic shock overwhelmed me with unspeakable hysteria and dysfunctional emotional reactions such that my claims just grew longer and more incoherent with every attempt.  My ability to present facts or evidence clearly or concisely, or sometimes in any way at all, is severely impaired. Please let me know if anyone can help me amend this burdensome rambling. A full copy of this 202-page Notice of Civil Claim is available for the information of other owners who may be interested enough to scroll through it online or download it by clicking on  https://www.scribd.com/doc/243415028/S165066-Filed-Nocc. I estimate that it takes about 7 dreary hours to read over 20 years of sliced up oppression.

Strata litigation is not a level playing field. For me it is ruinous. I would naturally prefer reasonable settlement over the added stress and costs of a trial. I am sure the court would also.

I cannot afford the high cost of litigation, particularly complex litigation against multiple parties far more powerful than myself. Comparatively few of the population can. Unfortunately, I have found no escape from decades of devastating oppression as the defendants have relentlessly ignored or rejected my increasingly desperate pleas for remedial action.
 

BC families who have any dependency on strata corporations are in need of protection from abusive governance and neighbours who violate the statutory and common law rights of others without apology. The gap between the have-it-alls and the have-nots denies access to justice and is pulling society apart. Too many strata owners lose use and enjoyment of their property, do not receive adequate repairs and maintenance, are victims of unfairness, misrepresentations, cruelty, or a combination thereof. Oppressed strata owners have been unable to adequately protect themselves due to a systemic power imbalance, which includes pitting one against many, a lack of affordable access to justice, an insidious network of "hired" professionals, and an untold myriad of distortions and disparities.

Obvious injustice is buried under an elitist hierarchy of credibility, privilege, exclusion, and unreasonable political deference. The whole process is significantly unfair - and alarmingly inconsistent with justice based on reasonableness and truth - the whole truth, and nothing but the truth.

If anyone has suggestions with a view to resolving matters fairly please be so kind as to email me at dianne.bond@yahoo.ca ...

Standards of Living



Although I feel upset and find it hard to say in my own words, I agree with and deeply believe in this excerpt from a two page letter written to New Democrats and Canadians by Jack Layton on Saturday August 20, 2011 – less than 48 hours before he died.

Canada is a great country, one of the hopes of the world. We can be a better one – a country of greater equality, justice, and opportunity. We can build a prosperous economy and a society that shares its benefits more fairly. We can look after our seniors. We can offer better futures for our children. We can do our part to save the world’s environment…
[W]e can be a better, fairer, and more equal country by working together. Don’t let them tell you it can’t be done. 
My friend, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful, and optimistic. And we’ll change the world.



 https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Fsoc2r03.yolasite.com%2Fresources%2Finequalitybook.doc

 

Having said that, in my experience, corruption does not flourish without support from the authorities.

It's natural to seek refuge in one's home, and it's a basic human right to seek asylum from persecution. Unfortunately, there is little refuge in a home that feels more like a war zone than a sanctuary, and there's no room for escape for a strata owner blacklisted by BC's evermore powerful strata agency industry of land and building professionals, lawyers, property managers, realtors, and volunteers on council.

  

The Strata Property Agents of British Columbia is an industry association developed to represent the interests and issues of the many strata management companies - AND THEY DO!

People don't know what hit them. Strata managers oversee elections without nominations, votes are assumed instead of cast at meetings; misrepresentations mislead police, owners, and council; strata records and bank accounts are tampered with; rights are violated and owners are bullied with shocking abuse in a shameless irresponsible power alliance that acts in conflict with no apparent conscience and too little accountability.

I know that protesting against systemic corruption is dangerous, but I am afraid that the legal system is inherently unfair. Corruption and waste too often go from bad to worse when balancing euphemistic competing interests in the name of "compromise" allows profit from wrong-doing at the expense of hapless victims. The quantum of damages that are paid too often fail to compensate for the loss, prevent further misconduct, or invoke corrective action to avoid further harm.

I think justice must be administered in public and better avoid wasteful expenditures of public resources or ruinous costs that prevent or deter the less wealthy from seeking or obtaining remedies for wrongful damage. So in addition to venting frustration and communicating with other owners, the objective of my blogs is to avoid litigation in slices, discourage trial by ambush, and rouse the truth, the whole truth and nothing but the truth - because I have direct personal knowledge of material facts being misrepresented or hidden from disclosure by fiduciaries who hold the highest positions in the hierarchy of credibility, material facts held secret by privilege created by judges with immunity against compensating for damages, or lawyers who deny owing a duty of care to those who pay them in trust and rely in good faith on the promises and protection of the law, while legal professionals make contradictory determinations of law and evidence that are in conflict and create adversarial disputes and waste far more than peace and truth - or justice.

Strata litigation is like walking through a minefield blindfolded.

My property was vandalized, and I was assaulted with noxious fumes right in my own home by a mob. I am relentlessly bullied, defamed, ostracized, and retaliated against with misrepresentations by neighbours acting unfairly and in conflict for their own unjust enrichment with the scandalous support of hired professionals and lawyers. It's not the strata doint it, it's people, but I couldn't afford to bring them before the Supreme Court. I still can't, and the CRT won't touch them. Apparently it has complete jurisidiction over strata property matter, and absolutely no jurisdiction over council members. What a fiasco.

I feel deliberately forced into a devastatingly unfair arena by an arrogant destructive power alliance that have been getting away with the intolerable - for decades - and are too psychopathic to apologize or behave responsibly.

 
Instead of being presumed innocent of false accusations refuted by statute and public records registered in the Land Title Office I was attacked by police violating my rights with threats of even worse to come. For decades I have been being continually pressured to stop protesting against corruption and misrepresentations, abuse, damage and loss, and to just quietly suck it up, or sell and move away.
 

 

It's TORTURE!

By torture I mean acts by which severe suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as punishing an act, or for discrimination, intimidation, or coercion inflicted by or with the acquiescence of a person acting in an official capacity.

It has been my experience that if you won't quietly acquiesce to corruption and abuse they will lie, hurt you physically, socially, and financially, sic police on you, accuse you of harassment, and relentlessly break you down until you can't stand it ... if you won't shut up, you'll pay the costs. The apparent expectation is that you will be induced to give up or SELL (sell QUIETLY... caveat emptor!)

 

http://www.irct.org/what-is-torture/defining-torture.aspx
Defining torture

The most widely accepted definition of torture internationally is that set out by Article 1 of the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT):

 “... 'torture' means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

From this definition, it can be said that torture is the intentional infliction of severe mental or physical pain or suffering by or with the consent of the state authorities

for a specific purpose.

 

There is no equal access to justice in BC. Even legal education is not equally accessible on the basis of merit - nor does it promote understanding, tolerance and friendship for maintenance of peace.

Strata strife cultivates a standard of living that has deprived me of my right to rest and leisure adequate for reasonable health and well-being such that I can't hold down meaningful work capable of ensuring my existence or end of life dignity. Asking for corrective action is like shouting into an empty room.

This is a Problem

 

Universal Declaration of Human Rights

In 2014 I took the following excerpts from http://www.thecanadianencyclopedia.ca/en/article/the-universal-declaration-of-human-rights-feature/ in honour of Human Rights Day on December 10.

In 1946, John Humphrey, a Canadian law professor with one arm appalled by Nazi Germany’s violation of human rights during the Second World War, became director of the United Nations Division on Human Rights, and Eleanor Roosevelt was named as the United States representative to the Commission.

Humphrey began drafting an international bill of rights in 1947 as the Cold War took shape, and the Universal Declaration of Human Rights was adopted by the United Nations General Assembly on December 10, 1948. As it trampled on the jurisdiction of the provinces Canada abstained before allowing our representatives to side with the overwhelming majority of states that voted in approval, and serious abuses regularly continue.

Harvard University professor of law Mary Ann Glendon said, “It is ultimately up to us whether we build upon or waste the legacy left” by those who “strove to bring a standard of right from the ashes of terrible wrongs."

I agree. It is why I have campaigned with and been a member of Amnesty International for decades.

 

UNIVERSAL DECLARATION OF HUMAN RIGHTS - PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,


Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,


Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,


Whereas it is essential to promote the development of friendly relations between nations,


Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,


Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,


Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,


Now,Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

December 10th is Human Rights Day

Since 2003 strata governance in the community that I live in has violated so much of the Universal Declaration of Human Rights that I could not help thinking when I left the Annual General Meeting on April 8, 2014, what it must have been like in Germany in the days after Hitler took over.

My thoughts turned in that direction because of the way I was treated when I sought remedies for unfair treatment, corrupt misrepresentations, and continual violations by those in power.

Members of strata management have subjected me to degrading treatment and cruel oppression, attacking my honour and reputation, disparaging and discrediting me in the official minutes, telling me I should sell and move away, calling me vile, despicable, bitch, and crazy. Attacking me physically, mentally, socially, and financially. I coped with decades of abuse, misrepresentations, and unjust accusations by trying to be polite and respectful and doing my best to mitigate the damage, but it only got worse until it was so sickening it was interfering with my job, and I eventually gave up on trying to be nice, respectful, or polite. I'm disappointed that I could not defend myself more effectively - it took 20 years of sickening unfairness, stress and betrayal for me to deteriorate to this level of deep burning anger, pain, and despair  - it feels like poison in my heart and soul. I hate it. It feels deadly.

My neighbours, who have a legal duty to take reasonable care not to cause foreseeable harm to me, have for their own unjust enrichment deprived me of my property rights, vandalized my home, cut down trees, interfered with my privacy, sickened me, denied any effective remedy (for decades), and continually deprive me on an ongoing basis  of the social security that is indispensable for dignity.

It hurts more than my feelings, it makes me too sick to earn a living, bullies me into litigation that I don’t want, denies equal protection before the law, and incites discrimination by those who defer to the powers that be.

The way I've become sickened by unfair treatment makes me believe that it has shortened my life.

I've been Abused, Broken, and Begging for Mercy in this Strata for Decades to NO Avail...

NOW I'M FIGHTING BACK

 

I will NOT sell... I will NOT move... and

  I will NOT stop complaining
about corrupt governance
 statutory violations
or personal abuse


I WILL FIGHT FOR TRUTH UNTIL I DIE