Sandra Finley

Apr 062009
 

NOTE 1:   In 2007 the news of the criminal charges against Pfizer (for murder, as far as I am concerned)  was not heard in western countries.  It was eclipsed by a same-day scare-story about tuberculosis,  see:  http://sandrafinley.ca/?p=4369 2007-06-01  Tuberculosis story improbable ??  Same day, Nigerian Government brings criminal charges against Pfizer.

NOTE 2:  The book and movie, “The Constant Gardener”,  is based on what Pfizer did to the Nigerian children.  In the book the drug is for drug-resistant tuberculosis.   In Nigeria the drug was trialled during an outbreak of  meningitis.   BUT (the last short piece) also with a shot at tuberculosis.  (I suspect that the big prize would have been if it had worked for TB.)

NOTE 3:   #1 can be skipped.   I kept it for a couple of not critical  details.

 

CONTENTS

(1)   SUMMARY OF THE COURT CASE BY A BLOGGER

(2)  PFIZER TO PAY £50m AFTER DEATHS OF NIGERIAN CHILDREN IN DRUG TRIAL EXPERIMENT,  APRIL 6, 2009,  THE INDEPENDENT

(3)  US PHARMACEUTICAL GIANT PFIZER SLAPPED WITH CRIMINAL CHARGES IN NIGERIA OVER NOTORIOUS CLINICAL TRIAL IT CONDUCTED ON CHILDREN June 01, 2007,  The Independent

(4)  PFIZER’S TRIAL DRUG, TROVAN, ALSO INTENDED AS TREATMENT FOR DRUG-RESISTANT TUBERCULOSIS

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(1)   SUMMARY OF THE COURT CASE BY A BLOGGER

Pfizer settles Nigerian drug case out of court

http://blogs.nature.com/news/2009/04/pfizer_settles_nigerian_drug_c.html

Posted by Daniel Cressey

Pfizer has apparently agreed to pay tens of millions of dollars to settle a lawsuit over a drug trial it ran in Nigeria.

According to media reports, lawyers for the pharma giant and Nigeria’s Kano state agreed an out of court settlement over the trial of a meningitis  drug, which the state alleges killed 11 children and left others seriously injured. Pfizer has denied its product caused the deaths (Link no longer valid) (Pharma Times).

Reuters says sources told it last Wednesday that the settlement would come to near $75 million, with $30 million going to Kano state, $35 million to victims and $10 million going on legal fees.

The Independent presents some of the back story in its coverage . . .   (below).

(Link no longer valid)  Bloomberg says Nigeria’s federal government also sued Pfizer for $7 billion in 2007, although the BBC says this case could be dropped as a result of the new settlement.

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(2)  PFIZER TO PAY £50m AFTER DEATHS OF NIGERIAN CHILDREN IN DRUG TRIAL EXPERIMENT,  APRIL 6, 2009,  THE INDEPENDENT

Out of court settlement in the case that inspired ‘The Constant Gardener’

Monday 06 April 2009

http://www.independent.co.uk/news/world/africa/pfizer-to-pay-16350m-after-deaths-of-nigerian-children-in-drug-trial-experiment-1663402.html

A divorce case was all that passed for excitement at Richard P Altschuler’s “kinda small” lawyer’s office in West Haven, Connecticut, when the phone rang nine years ago. On the other end of the line, a world away in the heat of Nigeria, was Etigwe Uwo, a young lawyer with “an incredible story about Pfizer”. The Lagos attorney was going to take on the largest pharmaceutical company in the world in an unprecedented class action pitting African parents against an American corporate giant. And he needed help.

Mr Etigwe had chosen Mr Altschuler because, back in 1979, the Connecticut lawyer had successfully defended a friend of the Nigerian. The unlikely pair were about to embark on a marathon journey into the world of “big pharma”. Nine years on and their efforts have finally been rewarded with a reported $75m (£50m) settlement, the terms of which are likely to be released this week.

If it sounds like the script of a Hollywood blockbuster that’s because it was this story that prompted John Le Carre to write The Constant Gardener, according to Mr Altschuler.

In real life it was to Nigeria, not Kenya, that Pfizer turned. In 1996, the company needed a human trial for what it hoped would be a pharmaceutical “blockbuster”, a broad spectrum antibiotic that could be taken in tablet form. The US-based company sent a team of its doctors into the Nigerian slum city of Kano in the midst of an appaling meningitis epidemic to perform what it calls a “humanitarian mission”. However the accusers claim it was an unlicensed medical trial on critically-ill children.

A team of Pfizer doctors reached the Nigerian camp just as the outbreak, which killed at least 11,000 people, was peaking. They set themselves up within metres of a medical station run by the aid group Médecins Sans Frontières, which was dispensing proven treatments to ease the epidemic.

From the crowd that had gathered at the Kano Infectious Diseases Hospital, 200 sick children were picked. Half were given doses of the experimental Pfizer drug called Trovan and the others were treated with a proven antibiotic from a rival company.

Eleven of the children died and many more, it is alleged, later suffered serious side-effects ranging from organ failure to brain damage. But with meningitis, cholera and measles still raging and crowds still queueing at the fence of the camp, the Pfizer team packed up after two weeks and left.

That would probably have been an end to the story if it weren’t for Pfizer employee, Juan Walterspiel. About 18 months after the medical trial he wrote a letter to the then chief executive of the company, William Steere, saying that the trial had “violated ethical rules”. Mr Walterspiel was fired a day later for reasons “unrelated” to the letter, insists Pfizer.

The company claims only five children died after taking Trovan and six died after receiving injections of the certified drug Rocephin. The pharmaceutical giant says it was the meningitis that harmed the children and not their drug trial. But did the parents know that they were offering their children up for an experimental medical trial?

“No,” Nigerian parent Malam Musa Zango said. He claims his son Sumaila, who was then 12 years old, was left deaf and mute after taking part in the trial. But Pfizer has denied this and says consent had been given by the Nigerian state and the families of those treated. It produced a letter of permission from a Kano ethics committee. The letter turned out to have been backdated and the committee set up a year after the original medical trial.

At stake at one point last year was more than $8bn in punitive damages being sought in a string of cases, as well as potential jail terms in Nigeria for several Pfizer staff. “There has been a complex web of cases with proceedings in Connecticut, New York, Lagos, Abuja and Kano,” Mr Etigwe said. “The strategy of big companies when they are dealing with smaller opponents is to stretch the process, to overwhelm us until we are ready to accept whatever they want to offer.” Trovan never became the blockbuster that Pfizer had hoped for and it is no longer in production. The EU has banned the drug and it has been withdrawn from sale in the US.

It appears that Pfizer has finally ended the public relations nightmare with Friday’s settlement. But the Trovan battle may not be over yet.

At the end of January 2009, a New York appeal court ruled Mr Etigwe and Mr Altschuler’s case could be heard in the US. The Connecticut attorney says it could still go ahead. “Our case is firmly embedded in the US … so a Nigerian settlement does not foreclose our case. But this is very good news. I’m glad we remained the constant gardener and could see this come to fruition.”

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(3)  US PHARMACEUTICAL GIANT PFIZER SLAPPED WITH CRIMINAL CHARGES IN NIGERIA OVER NOTORIOUS CLINICAL TRIAL IT CONDUCTED ON CHILDREN June 01, 2007,  The Independent

http://www.commondreams.org/contactingus.htm

Friday, June 01, 2007

Published on Thursday, May 31, 2007 by the Independent/UK

Drugs Giant Faces Criminal Charges Over Clinical Trial

by Andrew Gumbel

LOS ANGELES – The US pharmaceutical giant Pfizer has been slapped with criminal charges in Nigeria over a notorious clinical trial it conducted on children during a meningitis epidemic a decade ago. Patients became unwitting guinea pigs for a new, untested antibiotic and many of them
either died or were left with permanent disabilities.

Pfizer and its representatives will be called to account at hearings due to begin next month in the Nigerian state of Kano, where public anger over the clinical trial – and the assurances of any pharmaceutical company – remains so high that the local population won’t even trust the Nigerian government to immunise their children against polio.

The episode, which has already led to one unsuccessful suit in the US courts, was the inspiration for John Le Carré’s novel The Constant Gardener and is frequently held up as an instance of scientific inquiry gone shockingly awry.

The Nigerian authorities say Pfizer researchers selected 200 children and infants from a crowded epidemic camp in Kano in 1996 and gave about half of them an untested antibiotic called Trovan. The lawsuit alleges that the researchers did not obtain consent from the children’s families even
though they knew from their own research that Trovan might have life-threatening side effects and was “unfit for human use”.

The suit further contends that the researchers gave the other half a comparison drug made by Pfizer’s competitor Hoffman-La Roche, but deliberately underdosed them to make their own product look better. Pfizer and its doctors “agreed to do an illegal act,” the suit says, “in a manner so rash and negligent as to endanger human life”.

Once the trial was over, the suit continues, Pfizer left the area, removed all medical records and “obliterated any evidence” of the trial. A Nigerian government report, which appears to have spurred the criminal charges, previously found that Pfizer never told the children or their parents they were participating in a trial and did not inform them that alternative treatments were available – most obviously chloramphenicol, a relatively cheap
antibiotic usually recommended for bacterial meningitis.

The government report found that of the 11 children who died, five were taking Trovan and six were taking low doses of the comparison drug, ceftriaxone. An unknown number suffered deafness, blindness, paralysis and other disabilities.

The Kano authorities have charged Pfizer on eight counts of criminal conspiracy and voluntarily causing grievous harm. They have also filed a civil suit seeking more than $2.7bn (£1.3bn) in damages. Pfizer has responded to the lawsuit by insisting it did nothing wrong. “Pfizer continues to emphasize – in the strongest terms – that the 1996 Trovan clinical study was conducted with the full knowledge of the Nigerian government and in a
responsible and ethical way consistent with the company’s abiding commitment to patient safety,” a company statement said. “Any allegations in these lawsuits to the contrary are simply untrue – they weren ’t valid when they were first raised years ago and they’re not valid today.”

Back in 1997, when Pfizer faced a US government audit of its records on Trovan, the company produced a letter from a hospital in Kano saying its study had been approved by the hospital’s ethics committee. The company’s accusers contend that the letter was fabricated after the fact, using
a forged letterhead. The hospital, according to the suit, has no ethics committee.

Nigeria’s decision to prosecute Pfizer marks the first known instance of a Third World country going after a pharmaceutical multinational. Until now, the Nigerians have trod very carefully around the issue – commissioning an investigation but then suppressing the results until they were
leaked to The Washington Post a few years ago.

But the episode has got in the way of successive public initiatives, including a polio vaccination drive that prompted an 11-month boycott in Kano.

Trovan has never been approved for use on US children. It was cleared for adults in 1997, but its use was restricted two years later following reports of liver damage and death. It is banned throughout Europe.

© 2007 Independent News and Media Limited

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(4)  PFIZER’S TRIAL DRUG, TROVAN, ALSO INTENDED AS TREATMENT FOR DRUG-RESISTANT TUBERCULOSIS

A search on “trovafloxacin tuberculosis” comes up with this, for example:   http://www.ingentaconnect.com/content/ben/cpd/2011/00000017/00000027/art00007

(trovafloxacin is a “novel ” FQ)

Fluoroquinolones (FQs) are important drugs to treat drug-resistant tuberculosis. In this review we integrated pharmacokinetic properties (PK) and microbiological susceptibility against M. tuberculosis and eventually evaluated the pharmcodynamic (PD) properties, as well as the influence of co-administered agents on these characteristics, for the currently used FQs (ciprofloxacin, ofloxacin, levofloxacin, gatifloxacin and moxifloxacin) in TB treatment. Future FQs that are being developed may overcome the problems with FQs that are used in daily practice. Therefore PK and pharmacodynamic (PD) properties of novel FQs (clinafloxacin, garenoxacin, lomefloxacin, sitafloxacin, sparfloxacin, trovafloxacin, gemifloxacin, grepafloxacin and DC-159a) were evaluated in TB treatment as well. Integrating both excellent PK and PD properties, moxifloxacin, possibly at a higher dosage, may fulfil a far more important role in the treatment of multi-drug and early-generation FQ resistant TB than proposed in the current WHO guideline. Sparfloxacin, trovafloxacin and sitafloxacin are upcoming novel FQs that may be useful for drug-resistant TB based on their favourable PK properties or microbiological susceptibility against M. tuberculosis. Finally, the 8-methoxy moiety, as present in the chemical structure of MFX, will possibly provide DC- 159a with promising PK/PD characteristics and consequently this FQ may develop into a key FQ in future drug resistant TB treatment.

Mar 312009
 

http://www.time.com/time/world/article/0,8599,1888572,00.html

By Lisa Abend / Madrid

Mar. 31, 2009
Nacho Doce/Reuters

Chile’s Pinochet. Argentina’s Scilingo. Guatemala’s Rios
Montt. To the roster of international figures whom Spanish investigative judge
Baltasar Garzón has sought to bring to justice, the name of Gonzales may soon
be added — as in Alberto Gonzales, former U.S. Attorney General and one of the
legal minds behind the Bush Administration’s justification of the use of
torture at Guantánamo.

On March 17, a group of lawyers representing the
Association for the Dignity of Prisoners, a Spanish human-rights group, filed a
complaint in Spain’s National Court against Gonzales and five other former
officials, including Under Secretary of Defense Douglas Feith and the Justice
Department’s John Yoo, for violating international law by creating a legal
framework that permitted the torture of suspected terrorists. On March 29, the
complaint became public after Garzón, who had been assigned the case, sent it
to the prosecutor’s office for review, a step seen by many familiar with the
court as a sign that the judge will soon agree to investigate the case.
“It’s still a bit early,” says Almudena Bernabeu, international
attorney with the San Francisco–based Center for Justice and Accountability,
which has brought claims before the National Court on behalf of victims of
human-rights abuse in Guatemala and El Salvador. “But it’s a great
step.” (See pictures of Pakistan’s lawyers celebrating victory.)

It is a step on a path that Garzón and other judges in
the same court have been down many times before. Spain’s National Court is
perhaps the world’s leading practitioner of universal jurisdiction, a legal
principle that holds that in crimes of exceptional gravity, the right to render
judgment is not limited to the country where the crime was committed. It’s a
principle that helped Garzón famously order the arrest and extradition of
Chilean dictator Augusto Pinochet in 1998 and that seven years later helped
convict Argentine military officer Adolfo Scilingo of crimes against humanity.
The National Court has also heard cases against high-ranking Chinese officials
on behalf of Tibet and Falun Gong, and against Israel for its attacks in Gaza.
(See pictures of Israeli soldiers sweeping into Gaza.)

For Gonzalo Boye, one of the lawyers who filed this
latest complaint, the legal cover that Gonzales, Yoo and other possible
defendants provided for waterboarding and other abuses at Guantánamo warrants
the international investigation. “Bush made a political decision based on
the advice he was getting from his judicial advisers,” says Boye.
“And what his advisers were telling him to do is a very serious
crime.”

No doubt there’s a bit of strategy in aiming at Yoo and
Feith (the complaint also brings charges against William Haynes, former general
counsel for the Department of Defense; Jay Bybee, of the Office of Legal
Counsel at the Justice Department; and David Addington, Dick Cheney’s chief of
staff). “Politically, going after lower-level officials is a lot more
palatable than going against a former President and Vice President,” says
international-law professor Robert Goldman, director of the War Crimes Research
Office at American University. “Plus, there’s a lot more direct evidence
when it comes to Yoo, Bybee and Addington. Their fingerprints are all over
these policies.” (Reached by e-mail, Bybee, now a judge on the Ninth
Circuit Court of Appeals, said he had no comment.)

But direct evidence or no, can the case have anything
more than symbolic impact? “That’s the toughest question,” admits
Bernabeu. “It’s hard to believe we would see them face justice in a
Spanish courtroom.” Indeed, when Spain’s National Court brought charges
against U.S. military personnel for willfully firing on the Hotel Palestine in
Baghdad, where journalists were known to stay, and killing Spanish cameraman
José Couso, the three indicted officers simply ignored the subpoena. The court
later dropped the charges on appeal. (Vote for the 2009 TIME 100 Finalists.)

That’s not to say, however, that there won’t be an impact
should the case go forward. Several human-rights organizations in the U.S. are
said to be preparing their own charges against the authors and signatories of
the so-called Torture Memos, and their cases may be strengthened by the mere
fact that a Spanish investigation has begun. “It’s ironic that we
sometimes have to use international courts to encourage national ones to take
action, but that’s the way it works,” says Bernabeu. “And having a
national court take action can be a way of stopping things from happening
elsewhere in the world.” (Read “The Bush Administration’s Most
Despicable Act.”)

Furthermore, if Garzón subpoenas the lawyers and they
fail to appear in his court, he will then most likely issue an international
arrest warrant for each, just as he did for Pinochet, who was subsequently
taken into custody while convalescing after back surgery in Britain. “If I
were these fellows, I’d be very careful about where I traveled,” notes
Goldman.

But Boye believes the legal complaint will have far more
than symbolic effect. Asked whether he expected to see Gonzales or others in a
Spanish court or an American one, he replied, “I expect to see them in
court, full stop. You know why? Because I believe in the American system of
justice.”

Mar 262009
 

Don Raymond, Senior VP, CPPIB, came from Goldman-Sachs.  See  2012-06-11  CPPIB investment in Lockheed Martin increased by 14 times, 2010 to 2011.

The article below, CPPIB going on a buying spree,  was written in March 2009.

By the end of 2009,  excerpt from 2012-04-23  From Tootsie Rolls to tobacco: What’s in your CPP fund?  (CPPIB), CBC News

” . . .  In 2009, during the global financial crisis, the fund, like many, took a big hit, plummeting 18.6 per cent and losing $24 billion. This sparked a backlash from some critics who complained the top executives of the board received $7 million in bonuses despite the losses. …”

Now, about the buying spree (“$2-billion to $5-billion of debt”).

http://www.financialpost.com/related/topics/CPPIB+going+buying+spree/1431110/story.html

Karen Mazurkewich, Financial Post · Mar. 26, 2009

The Canada Pension Plan Investment Board is going on a big buying spree and to help it flex its investment muscle it is issuing debt for the first time.

Don Raymond, senior vice-president of public market investments at CPPIB, said the fund would issue $2-billion to $5-billion of debt over the next year to provide “additional flexibility” to fund longer term investments with a risk-profile similar to real estate, infrastructure and private debt.

“We are seeing some tremendous investment opportunities out there,” said Mr. Raymond, who added that CPPIB’s plan is to start “with the commercial-paper program to get our name into the marketplace and build up our track record as an issuer.”

Later in the year, the fund will issue a medium term note — in the five to ten-year range.

But will investors bite given the recent debacle with asset-back commercial paper? The answer according to analysts is a resounding yes.

“In the past there has been a good appetite for pension plan debt issuance,” said Chris Seip, head of the debt capital markets for RBC Capital Markets. “They are highly rated and they fit the bill for a flight to quality name in a market that continues to be dislocated,” he added.

Selling debt has always part of the long-term strategic plan of CPPIB, according Mr. Raymond. That said, the efficiency gain of doing this under these market conditions is much better, he added. The fund can raise money from investors at a much cheaper rate than securing a mortgage.

Mr. Raymond said the fund doesn’t know what index it would be part of yet, that’s still to be determined, but he presumed investors buying into a Canadian bond index would have a component tied to CPPIB issuance as well.

This is not the first pension plan to issue debt. Ontario Teachers’ Pension Plan Board’s (OTPPB’s) wholly-owned real estate subsidiary, Ontrea Inc. issued $600-million in 2001 and another $600-million in 2003; OMERS Realty Corp. raised $1-billion in two deals; The Caisse de dépôt et placement du Québec has scooped up $1.275-billion in two deals; and the realty unit of the British Columbia Investment Management Corp. raised $450-million in 2007. Most recently the Public Service Pension Plan did two term issues raising $1-billion on the market in the last four months.

“The CPPIB name is known and investors can relate to it and know it will be around for a long time,” said Eric Beauchemin, managing director, public finance DBRS, which gave the CPPIB an issuer rating of AAA. “In addition, the size of the portfolio and the low leverage employed also provides investors comfort knowing that they will be able to meet the financial obligations down the road,” he added.

Even pension analysts are positive about the move.

If it means getting cheaper rate to finance deals, it makes total sense, said Malcolm Hamilton, a principal at Mercer Human Resources. Mr. Hamilton said the fund is in a good position to bear risk because it has good liquidity and a steady stream of contributions from across Canada. Mr. Hamilton, however, warns that the managers of the fund must know when to draw the line.

“If they want to ramp up [the borrowing facility] incrementally to shoot for greater and greater returns, I think people should be concerned,” he said. “I hope that at some point they won’t interpret their mandate as running a 130/30 hedge fund because I don’t think that’s their mandate.”

Keith Ambachtsheer, director of the Rotman International Centre for Pension Management at the University of Toronto, also believes issuing debt to take advantage of attractive opportunities in the market place is a smart move. But he too has one caveat: “I think is that only institutions that really have solid risk management discipline should be doing this. We don’t want every pension fund in the country to think this is a good thing.”

Mar 142009
 

There will be demonstrations in Calgary on Tuesday, March 17th as a consequence of George Bush’s visit.

The story is now in the international media.

There is a great deal we can all do to help avert violence.  But it has to be done quickly.

The best thing you can do is to read (below) the words of former United States Attorney General, Ramsey Clark.  He has sent a message to the protestors in Calgary.

The second best thing you can do is to pass his message along, in support of his efforts and the efforts of the protestors.

As you know, I sent a letter to the RCMP Superintendent we were in contact with earlier over the Encana pipeline “not terrorism”.  The letter sent to him this week was about application of the laws to a war criminal (Geo Bush) and his arrest.

The Superintendent responded promptly and connected me with the officer-in-charge of the War Crimes Unit and two others from the Security Forces in Alberta.

The RCMP (War Crimes) have now reviewed their position and set out the reasons why they are not in a position to arrest Bush.  Which I accept.

And do you know – – in some ways I was hoping that the Bush visit would go ahead unimpeded.  Everything will be good – as long as the demonstrations are peaceful.  (I have faith in the excellent young people who will be at the demonstration (along with the seniors) – see below).

If you read the following email, you will see how potential violence at the demonstrations can be averted.  Please do whatever you can – mostly it means communicating with anyone you know in the media to get interviews ASAP for the leaders of the protest.  And by circulating this email you build support and understanding for the protestors. They are not a bunch of hoodlums.   (Link no longer valid  http://www.warcriminalsout.com/)

When you are angry you need to be heard.  We can help them to be heard.  – –  but more about that below.

========================

TO:

RCMP War Crimes Unit

Gail Davidson, Lawyers Against the War

CC:

Various RCMP officers

CBC Radio Saskatchewan

Nick Burman, citizen of Calgary

Calgary Chamber of Commerce  chinfo  AT  calgarychamber.com

George Brookman  reception3  AT  calgarystampede.com  (Calgary Stampede Board and I assume member of the Calgary Chamber of Commerce)

Bennett Jones Law Firm

Law Society of Alberta (sent from website)

Hi All,

Nick Burman (resident of Calgary) voices concerns about potential violence around Bush’s visit to Calgary.  I have the same.

I am one of the thousands of protestors across Canada.  Unfortunately I cannot join those who will be in Calgary.   Maybe I can contribute in this way:  there are some common sense steps that can be taken to reduce the risk that violence will happen.

1.  If it hasn’t already been done, I am wondering whether it would be a good idea for the Security Forces to talk with the leaders of the protest as soon as possible?

The fact that the protestors are holding workshops is a good sign.  Most likely they are giving instruction on the importance of non-violence. And how to accomplish it.

The protestors likely have a plan in place to police persons in the crowd who might get out-of-hand.  The police can work with the leaders of the protest, if they talk and know what to expect from each other, in advance.  Self-policing will be to everyone’s benefit, I think.

Also, at such a meeting the leaders of the protest might be given assurances that there will be no police plants in the crowd, whose job is to provoke the crowd.  Lloyde and I have a disagreement on what happened at Montebello!

But the Quebec Police Superintendent responsible had to give a press conference after the Aug 2007 protest at Montebello to explain the actions of the disguised members of the police force.  He said they were doing their job (the provoking).

It would be better if everyone was upfront and if there was dialogue between the protestors and the Security Forces before Tuesday.  Jointly they can work out a plan.

2.  I would encourage all of us to do everything we can to get media interviews for the protestors IN ADVANCE of Tuesday – – not much time I know.  But it is the best insurance against violence.

I note from a list of media coverage that L.A.W. is receiving good press coverage (Bush is a war criminal and should be charged).

THE GLARING OMMISSION is media interviews of the protestors IN ADVANCE of the protest.  People get angry when they aren’t being heard.

The protestors are doing what is right.  They are standing up against the terrible things done by the Bush Administration.  If they can be heard, their anger will be lessened.  Less anger will translate into less potential for violence.

These will be young people who are doing the organizing.  They are not only moral.  They are wonderful people – intelligent, dedicated, and thoughtful.

If they weren’t, they wouldn’t be out there doing what they’re doing.  We need to give them every bit of support we can.  It is because of them that there is hope for the world.

I urge you to read the complete text of the MESSAGE FROM RAMSEY CLARK to the protestors of the Bush visit.  He is a former United States Attorney General:

http://hawkeyi.blogspot.com/2009/03/we-dare-not-blink-at-magnitude.html

He starts:  “My congratulations and gratitude to Canada’s peace movement and its many organizations and individuals protesting the March 17th, 2009 appearance of former US President George W. Bush for a speech at a private lunch in Calgary.  .

We dare not blink at the magnitude, diversity and pervasive impact of the known crimes committed by the Bush administration.

With unity, cooperation and perseverance, We Shall Overcome, or be undone, together.

We dare not fail.

I’ll put out an email into my network –  – we really need to get people working together on this.  There will be international media coverage.

In difficult times when other countries are experiencing violence in the streets we can set an example for how to have peaceful protest and, more importantly, dialogue and working together to solve problems.

Best wishes,

Sandra Finley

Saskatoon

Mar 122009
 

Hi All, 

The laws and the judicial system belong to us. 

–          Notoriously the laws are not enforced against the oil and gas companies, e.g. the Tar Sands. 

–         George Bush is about large American oil and gas corporations.   

–         The Iraq War was about oil and gas.

–         George Bush is a war criminal as a consequence of his actions in relation to oil and gas.  

–         Bennett Jones, a sponsor of George Bush’s visit to Canada has a number of oil and gas corporations on its client list. 

Will George Bush, war criminal, be welcomed into Canada, in contravention of our laws? 

Well …  it depends upon us.  We have the power to take back our judicial system.  We have the power to make sure that laws are enforced. 

The letter below encompasses:

–          A request sent to the Law Societies of Alberta and Saskatchewan for them to circulate information regarding Bush, his crimes, and his March 17th visit.

–         A letter to the Supreme Court of Canada to do what they can to see that the justice system works, in this case of Bush.

–         The RCMP Security Force in Alberta and the RCMP War Crimes unit have received copies of the letter below. 

This is a serious matter for Canadians.

It is simultaneously an opportunity to let the powers-that-be know that there are lines drawn, over which they may not step. 

Absolutely, there are many people inside Bennett Jones, in the Law Societies, among the Judges and prosecutors, and the police, who know George Bush is a war criminal.   By contacting them we liberate their voice. 

I encourage you to contact the Law Society in your province.  You are free to use my letter as template, and to change to suit yourself.  

If you know a

  •  lawyer
  • prosecutor
  • judge
  • police person
  • security person
  • or a student of law

please forward information to them. 

The Law Schools are critical because it is they who are teaching the next lawyers and prosecutors, some of whom will become the judges. 

Remember that the RCMP War Crimes unit asks you to report what you know about war criminals to your nearest detachment.

” Anyone who has Information concerning persons in Canada who may have participated in or conspired in the commission of war crimes or crimes against humanity are invited to report their concerns to the nearest office of the Royal Canadian Mounted Police …” 

When you talk to them, the action they should take is to refer your concern to the War Crimes section of the RCMP.  Ensure they are going to do that.

(Link no longer valid:  http://www.rcmp-grc.gc.ca/wc-cg/index-eng.htm)   

http://www.cbsa-asfc.gc.ca/security-securite/wc-cg/wc-cg2006-eng.html#enforcement    

Ultimately we need to focus on the Department of Justice because it is them who will make the decision.  But it may be that persons who are “inside” (the judges, lawyers, prosecutors, etc.) will work inside to ensure that the Canadian judicial system is impartial as to perceived status of the person committing the crime.  

The magnitude of the crime committed by George Bush in illegally dropping bombs on the people of Iraq is so far in excess of what any criminal on our streets could do – – think of what we’d do if Clifford Olson was known for his deeds, but was left free to enjoy his morning freshly-squeezed orange juice and newspaper and indeed celebrated on the stage of the Telus Centre in Calgary?  

When people responsible for the carriage of justice in Canada KNOW that everyone else knows, that they are in receipt of all the information they need to arrest George Bush, it helps to ensure that right decisions will be made.  That’s why it is so important that you send the following to every person inside the system, that you know. 

This issue is worthy of every bit of our strength. 

============================= 

TO:  Law Society of Saskatchewan

Executive Director

Tom Schonhoffer, Q.C.

Regina, SK   S4P 0R7

(306) 569  8242

Email reception   AT   lawsociety.sk.ca 

TO:  Christine Haynes

Chief Federal Prosecutor

Public Prosecution Service of Canada 

Dear  Tom and Christine, 

Tom – If possible, would you mind circulating this to your membership?  It is a serious issue in need of discussion. 

The following has been sent to the Supreme Court.  Embedded in it is a letter to the Law Society of Alberta. 

Christine –  it has also been sent to the RCMP Security Forces in Alberta and to the War Crimes unit of the RCMP. 

Best wishes, 

Sandra  Finley

======================== 

Dear Personnel of the Supreme Court, 

I am sorry to bother you.  This is an issue of whether the laws apply to persons seen to be influential.  I think that is a matter of concern to you. 

My letter to the Law Society of Alberta explains the problem: 

If any group of people should know about International Law and the Rome Statute, it is lawyers.  Bennett Jones Law Firm (Calgary) has lawyers whose specialty is International Law.  And yet they are sponsors of George Bush’s visit to Calgary on March 17th.  George Bush is a war criminal.  If he enters Canada he should be arrested.  The law is clear on that.

The legal argument has been submitted to the RCMP, War Crimes Unit regarding application of law and its enforcement in the case of George Bush’s visit to Canada.  Please see attachment. 

The issues around this need to be discussed by the Law Society.  The optics are not good when a prominent member of the Society is sponsoring a criminal.  The rhetoric around Bush being a former president of the U.S. does not address the fact that Bush’s actions warrant the application of law, equally as in the case of Al Bashir , president of the Sudan. 

EXCERPT FROM LETTER I SENT TO THE INTERNATIONAL CRIMINAL COURT (ICC) IN THE HAGUE, following the issuance of a warrant for Al Bashir.  He is to be prosecuted for crimes against humanity related to Darfur: 

In order for the people in less fortunate countries to have faith in the ICC, they must see that rogue heads-of-state are prosecuted, regardless of the country they represent. 

Former president George Bush of the USA launched an illegal war on the people of Iraq.  In fairness, George Bush must be prosecuted for his crimes. 

A highly-respected former American prosecutor, Vince Bugliosi,  made a presentation to the (American) House Judiciary Committee in the U.S. in July 2008.  (See YouTube video:  http://watsupjb75.blogspot.com/2008/07/bugliosi.html).   

Mr. Bugliosi calls for the prosecution of George Bush in domestic courts.  Mr. Bugliosi’s call has merit, but the crimes of George Bush are an international issue, equally and maybe more so than those of Omar Al Bashir.  

George Bush is scheduled to visit Calgary, Alberta, Canada on March 17th.  Please see the attached request to the Government of Canada to deny him access to Canada.  The documentation may serve the ICC well in its pursuit of charges against George Bush. 

Bugliosi’s testimony before the Judiciary Committee is based on his most recent book, “The Prosecution of George W Bush for Murder”.  It may also be helpful to you. 

Thank-you for your consideration of the need to pursue legal action against George Bush.

My sincere thanks to you for doing whatever you are able.  Laws must be enforced equally and fairly.   …

————————– 

It is a very serious issue for the judicial system in Canada if some people are above the law.  Again, I refer you to the attachment. 

I am hopeful that there will be interventions.  The protests in Calgary are going to be huge on March 17th.  Bennett Jones and the Calgary Chamber of Commerce (a co-sponsor) are very disconnected from the real world if they don’t know the level of abhorrence Canadians have for George Bush as a consequence of the illegal war on Iraq and other atrocities like Abu Ghraib and Guantanamo Bay.    

Canadian Security Forces will be called in to protect George Bush.  They will be working against the honourable protest by the citizens of Canada.   Maybe, if enough people will do what and whatever they can,  Bush will be stopped from coming here.  

Best wishes, 

Sandra Finley

Mar 122009
 

“No degree of prosperity could justify the accumulation of large amounts of highly toxic substances which nobody knows how to make safe and which remain an incalculable danger to the whole of creation for historical or even geological ages.  To do such a thing is a transgression against life itself, a transgression infinitely more serious than any crime perpetrated by man.  The idea that a civilization could sustain itself on such a transgression is an ethical, spiritual, and metaphysical monstrosity.  It means conducting the economical affairs of man as if people did not matter at all.”

– E. F. Schumacher, 1973, “Small is Beautiful


Published on Wednesday, March 11, 2009 by the Chicago Tribune <http://www.chicagotribune.com/features/lifestyle/green/chi-nuclear-waste-11-mar11,0,5164994.story>

Nuclear Waste Has No Place to Go
Obama budget kills Nevada storage site for used radioactive fuel rods piling up near power plants
by Michael Hawthorne

In a pool of water just a football field away from Lake Michigan, about 1,000 tons of highly radioactive fuel from the scuttled Zion Nuclear Power Station is waiting for someplace else to spend a few thousand years.
The wait just got longer.

President Barack Obama’s proposed budget all but kills the Yucca Mountain project, the controversial site where the U.S. nuclear industry’s spent fuel rods were supposed to end up in permanent storage deep below the Nevada desert. There are no other plans in the works, meaning the waste for now will remain next to Zion and 104 other reactors scattered across the country.

Obama has said too many questions remain about whether storing waste at Yucca Mountain is safe, and his decision fulfills a campaign promise. But it also renews nagging questions about what to do with the radioactive waste steadily accumulating in 35 states.

With seven nuclear plant sites, Illinois relies more heavily on nuclear power and has a larger stockpile of spent fuel than any other state. Besides Zion near Lake Michigan, plants storing waste are sited along the Illinois, Rock and Mississippi Rivers.

Customers of ComEd and other nuclear utilities have shelled out $10 billion to develop the Yucca Mountain site in spare-change-size charges tacked on to electric bills. Most of that money will have been wasted, and experts forecast that billions more will be spent on damage suits from utilities that counted on the federal government to come up with a burial ground.

Reversing course from previous administrations satisfies critics in Nevada, including Senate Majority Leader Harry Reid, but triggers another round of maneuvering and regional bickering in Congress.

“We are drifting toward a permanent policy of keeping extremely toxic waste next to the Great Lakes, and that cannot stand,” said U.S. Rep. Mark Kirk (R-Ill.).

More than 57,000 tons of spent fuel rods already are stored next to reactors, just a few yards away from containment buildings where they once generated nuclear-heated steam to drive massive electrical turbines. More than 7,100 tons are stored in Illinois, including at the Zion facility in Chicago’s northern suburbs.

The lack of a permanent solution poses a serious challenge to the industry’s plans to build more than 30 new reactors. Existing nuclear plants already produce 2,000 tons of the long-lived waste each year, most of which is moved into pools of chilled water that allow the spent-but still highly lethal-uranium-235 to slowly and safely decay.

But containment pools never were intended to store all of the spent fuel that a reactor creates. The idea was that the cool water would stabilize the enriched uranium until it could be sent to a reprocessing plant or stored in a centralized location.

Instead it keeps piling up. And though industry officials insist the waste is safely stored in fenced-off buildings lined with concrete and lead, concerns remain that a leak or a terrorist attack could create an environmental catastrophe.

As power companies run out of space in their containment pools, they increasingly are storing the waste above ground in concrete and metal casks; the Zion plant’s spent fuel rods eventually are to be moved into casks a little farther away from Lake Michigan.

“We continue to ask the federal government to provide a clear solution for what the long-term storage of spent fuel will be,” said Marshall Murphy, spokesman for Exelon Nuclear, which owns Illinois’ plants.

Until now, the solution was Yucca Mountain, a dusty mountain of volcanic rock about 100 miles northwest of Las Vegas that Congress chose in the late 1980s as a permanent repository. Federal officials spent the last two decades-and billions of dollars-preparing to bury spent fuel in a series of fortified tunnels drilled into the mountain.

Without further funding the project will wind up as a very expensive hole in the ground.

The repository’s apparent demise is part science and part politics. Recent studies have shown that water flows through the mountain much faster than previously thought, raising concerns that radioactive leaks could contaminate drinking water supplies. More than anything else, though, the project is opposed by two powerful politicians: Reid and Obama, who is calling for more study to find a better solution.

Chicago-based Exelon Corp., the parent company of ComEd and Exelon Nuclear, is seeking to extend the life of its reactors, most of which were built in the 1970s. It also wants to build a new reactor at the Clinton Power Station south of Bloomington. Company officials have said that won’t be possible without an alternative to Yucca.

Copyright © 2009, Chicago Tribune

Mar 102009
 

Many thanks to Robin:   the event is sponsored in part by The Calgary Chamber of Commerce.

I phoned the Chamber: (403) 750  0400

– Told the fellow who answered the phone my concerns.

– He put me through to the organizer of the event, Geoff Pradella Vice President, Public & Government Affairs (403) 750  0406

– Got Geoff’s message manager.

–  Left a message to tell him that I have sent 2 emails out regarding Bush, the International Criminal Court, and sent an email to the RCMP regarding their responsibility to arrest Bush, if the Border people fail to keep Bush out.

– I sent a copy of the emails to the Chamber.

Email: chinfo  AT  calgarychamber.com

You might want to lodge input to the Calgary Chamber of Commerce.  It’s easy through their staff directory.  The Executive Director is Heather Douglas.  (Link no longer valid  http://www.calgarychamber.com/staff.html)

==============

Robin also sent this for your information:

Just say no to Bush

Friday February 20, 2009

By Yukon News

I presume that since Michelle Magnans Calgary Herald story of February 13 (Bush Picks Cowtown For Debut), Calgary Chamber of Commerce vice-president Geoff Pradella has heard something other than positive interest regarding the chambers courtship of former US president George W. Bush.

If not, please consider this note to be the spoiler.

Theres no need to explain ones opinion of Bush and everything he stood for and continues to stand for.  Political events of the last decade speak for themselves. Rather, this letter is a challenge to the Calgary chamber and the Calgary Herald.

I would like the Herald to publish the list of Calgary businesses that hold chamber memberships. Let their staffs, colleagues, customers, friends and families see how these businesses support Bush by virtue of their chamber membership. Consumers could either patronize or boycott these businesses accordingly.

If everyone loves Bush there should be nothing to worry about.  But this experiment in democratic capitalism won’t happen, for the chamber will undoubtedly deny this request and so apply the same mean deception for which Bush is renowned, which depends on consumer ignorance.

I, for one, will never knowingly transact with any Calgary business that supports Bush.  If I were a chamber member I would resign my membership immediately, or demand new leadership and a cancellation of Bushs March 17 address.

Graeme McElheran

Edmonton

Mar 092009
 

Aaah!  This is tremendous John.  Thank you very much!

After I sent out the email re Bush and the ICC, I was kicking myself:

–  this is an issue for the RCMP, for law enforcement.  The security forces should be stepping up to the plate.

I’ll put this out to everyone.   This info is better than anything I would have come up with.

“Canada’s program on crimes against humanity and war crimes upholds the Government of Canada’s policy that Canada is not a safe haven for anyone involved in crimes against humanity, war crimes or genocide”

“Anyone who has Information concerning persons in Canada who may have participated in or conspired in the commission of war crimes or crimes against humanity are invited to report their concerns to the nearest office of the Royal Canadian Mounted Police or reply directly to this section (of the RCMP) by telephone at …”

===========================

CONTENTS

(1)  YOU KNOW SOMEONE WHO KNOWS SOMEONE IN THE RCMP

(2)  CANADA’S PROGRAM ON CRIMES AGAINST HUMANITY AND WAR CRIMES

(3)  RCMP WAR CRIMES AND SPECIAL INVESTIGATIONS ENFORCEMENT PROGRAM

(4)  MY LETTER TO THE RCMP

(5)  NEWS STORY MARCH 5, CANADA SHOULD BAR OR PROSECUTE BUSH, FOREIGN AFFAIRS STAYS SILENT

(6)  WHO IS SPONSORING THE BUSH VISIT?

===========================

(1)  YOU KNOW SOMEONE WHO KNOWS SOMEONE IN THE RCMP

You know someone, or someone connected to someone in the RCMP, or that works in security.  They should see the information below from government websites:  (2)  CANADA’S PROGRAM ON CRIMES AGAINST HUMANITY AND WAR CRIMES and  (3)  RCMP WAR CRIMES AND SPECIAL INVESTIGATIONS ENFORCEMENT PROGRAM.

Earlier, regarding the Encana pipeline incidents near Dawson Creek (Tomslake), I contacted the RCMP and was referred to the superintendent for terrorist activity in B.C.  I emailed him: it is natural and right for people to defend their children and land from poisoning that leads to disease and death. The large corporations create the terrorism by poisoning with impunity.  The Government creates the terrorism through its failure to enforce regulations to protect land, air and water.  And the RCMP and security forces then become the tools of the large corporations as they seek “the terrorists” in the wrong places.  Root out the people in government and in the large corporations who are at the head of all this.  They are the creators of the Encana pipeline incidents, the “terrorism”.

I sent an email about Bush’s visit to that same supervisor, and to all the other RCMP-connected people I know.  See item #4.

Many thanks to John!  And to others, for your work on Gail’s (Lawyers Against the War) project.  Which is really the project of us all now.

=============================

(2)  CANADA’S PROGRAM ON CRIMES AGAINST HUMANITY AND WAR CRIMES

http://www.cbsa-asfc.gc.ca/security-securite/wc-cg/wc-cg2006-eng.html#enforcement

Canada’s Program on Crimes Against Humanity and War Crimes

Ninth Annual Report

2005-2006

Canada Border Services Agency

Citizenship and Immigration Canada

Department of Justice

Royal Canadian Mounted Police

Introduction

Canada’s program on crimes against humanity and war crimes upholds the Government of Canada’s policy that Canada is not a safe haven for anyone involved in crimes against humanity, war crimes or genocide.

The partners in the program are the Canada Border Services Agency (CBSA), Citizenship and Immigration Canada (CIC), the Department of Justice (DOJ) and the Royal Canadian Mounted Police (RCMP). Operational guidance for the coordinated program is provided by the Program Coordination and Operations Committee, which meets regularly to develop policy, coordinate operations and assess cases. Oversight is provided by the War Crimes Program Steering Committee, composed of senior managers from each of the partner departments/agencies.

The Government established the coordinated program in 1998 to address crimes against humanity and war crimes committed during World War II as well as more recent conflicts. The program received funding of $15.6 million per year.

The February 2005 budget renewed funding for the War Crimes Program until 2009-2010. The funding remains at the 1998 level of $15.6 million per year. The program partners are targeting their efforts on the most crucial and cost-effective activities to support program objectives. In order to manage their resources, the partners have developed a Results-based Management and Accountability Framework in which they list expected results for the program over the five-year funding period and establish a strategy for monitoring and evaluation. This report covers the first year under the renewed funding.

The chief objective of the program is denial of safe haven in Canada to persons involved in war crimes, crimes against humanity or genocide. At the same time, Canada contributes to the global fight against impunity for war criminals through cooperation with other countries and international tribunals. Canada’s coordinated program is unique and highly admired internationally because the four partners work together on these objectives to apply a range of legislative remedies.

This report covers cases related to both World War II and modern war crimes. Information on specific World War II-related cases can be found in the section called “Enforcement in Canada.”

The most effective measure to deny safe haven is the early detection and prevention of entry of suspected human rights abusers into Canada. This ability is legislated in the Immigration and Refugee Protection Act (IRPA). CIC is responsible for the selection of immigrants and temporary residents. It is provided with training, screening aids, intelligence and analysis from the CBSA, investigative assistance from the RCMP and legal advice and support from the DOJ.

If persons suspected of involvement in atrocities do arrive in Canada or are found living in Canada, the program partners assess the situation to determine the most appropriate remedy. The partners have complementary roles in applying these remedies: criminal proceedings under the Crimes Against Humanity and War Crimes Act, on which the RCMP and the DOJ work closely together; enforcement under the IRPA led by the CBSA, including deportation and denial of access to and exclusion from refugee protection; and citizenship revocation proceedings under the Citizenship Act handled by CIC. The CBSA only deals with modern cases. The DOJ leads the development of World War II cases with the assistance of the RCMP. The DOJ also handles extradition and surrender to international tribunals under the Extradition Act.

On October 2005, the first charges under the Crimes Against Humanity and War Crimes Act were laid against Désiré Munyaneza of Rwanda, following a five-year investigation by the RCMP. The prosecution is taking place in Montréal.

Earlier in the year, in another high-profile case, the Supreme Court of Canada upheld the decision that Léon Mugesera should not be allowed to remain in Canada based on evidence that he incited genocide in Rwanda. Although his removal is still pending a further risk assessment, this decision by the highest court sets a precedent supporting the denial of safe haven in Canada for war criminals.

Since 1998, 3,360 persons considered involved in or complicit in war crimes, crimes against humanity or genocide have been prevented from coming to Canada and 408 such persons have been removed from Canada. Five individuals have had their Canadian citizenship revoked as a result of their activities in World War II.

For more information on the program, previous annual reports and contact information, please refer to the Canada’s program on crimes against humanity and war crimes Web site at www.justice.gc.ca.

============================

(3)  RCMP WAR CRIMES AND SPECIAL INVESTIGATIONS ENFORCEMENT PROGRAM

(Link no longer valid  http://www.rcmp-grc.gc.ca/wc-cg/index-eng.htm )

War Crimes and Special Investigations Enforcement Program

Frequently Asked Questions | Links | Contact Us

This section was established in April 1987 in response to the Canadian Government’s decision to pursue the recommendations of the “Commission of Inquiry on War Criminals”, submitted to the Governor in Council on December 30, 1986. This inquiry dealt with the matter of alleged war criminals in Canada.

Amendments to the Criminal Code to give Canadian courts jurisdiction to try war crimes or crimes against humanity cases in Canada were implemented. Amendments were also made to our Citizenship and Immigration Acts to prevent future war crimes/crimes against humanity suspects from remaining in Canada or gaining Canadian Citizenship. Section 7(3.76) of the Criminal Code provides the definitions of “war crime” and “crime against humanity”, but in more simplistic terms the distinction of the two are noted as follows;

“War crime”- acts committed during an international armed conflict (i.e. World War II), that constitutes a contravention of the customary or conventional international law applicable in international armed conflicts.

“Crime against humanity”- means murder, extermination, enslavement, deportation, persecution or any other inhumane act that is committed against any civilian population or any identifiable group of persons that constitutes a contravention of customary or conventional international law or is criminal according to the general principles of law.

As long as war crimes and crimes against humanity are being committed, Canada will be vigilant to prevent those responsible from entering Canada and becoming or remaining citizens. We will be ready to commence criminal investigations and prosecute such persons found in Canada.

See also :

Canadian Border Services Agency — Canada’s War Crime Program Annual Report 2003-04

Etc.

============================

(4)  MY LETTER TO THE RCMP

FROM:

Sandra Finley

Saskatoon SK S7N 0L1

Dear Lloyd,

I appreciated your response to my concerns re the incidents on the Encana pipeline and the question of who are the terrorists. (07/11/2008).

There is another issue of concern to you in your role related to National Security.

It may not fall directly under E Division.  If not, would you mind forwarding this to the persons in the RCMP, in Canadian Security Forces, and at the Canada Border Services Agency who are the appropriate persons to deal with it?

Under Canadian and International law and policy, George Bush is a war criminal.

Please refer to the documentation appended.

He should not be allowed entrance into Canada, and if he is, he should be arrested.

George Bush is scheduled to be at the Telus Convention Centre in Calgary on March 17th.

If the Canada Border Services Agency does not perform its duty under the law (preventing George Bush from entering Canada), then the RCMP must do what it is required to do:  arrest George Bush.

A.  From the RCMP website (appended).

” Anyone who has Information concerning persons in Canada who may have participated in or conspired in the commission of war crimes or crimes against humanity are invited to report their concerns to the nearest office of the Royal Canadian Mounted Police or reply directly to this section (of the RCMP) by telephone at …”

I have hereby carried out my duties as a citizen.

B.  From the Canada Border Services Agency’s website (appended).

“Canada’s program on crimes against humanity and war crimes upholds the Government of Canada’s policy that Canada is not a safe haven for anyone involved in crimes against humanity, war crimes or genocide”

C.  From the RCMP website:

“As long as war crimes and crimes against humanity are being committed, Canada will be vigilant to prevent those responsible from entering Canada and becoming or remaining citizens. We will be ready to commence criminal investigations and prosecute such persons found in Canada.”

If you require more information regarding the illegality of the Iraq War and the role of George Bush in it,  I would be happy to provide additional information to you.  If a legal briefing would be useful to you, it will be equally easy for me to send that to you.

EXCERPT FROM LETTER SENT YESTERDAY TO THE INTERNATIONAL CRIMINAL COURT (ICC) IN THE HAGUE:

In order for the people in less fortunate countries to have faith in the ICC, they must see that rogue heads-of-state are prosecuted, regardless of the country they represent.

Former president George Bush of the USA launched an illegal war on the people of Iraq.  In fairness, George Bush must be prosecuted for his crimes.

A highly-respected former American prosecutor, Vince Bugliosi,  made a presentation to the (American) House Judiciary Committee in the U.S. in July 2008.  (See YouTube video:  http://watsupjb75.blogspot.com/2008/07/bugliosi.html). 

Mr. Bugliosi calls for the prosecution of George Bush in domestic courts.  Mr. Bugliosi’s call has merit, but the crimes of George Bush are an international issue, equally and maybe more so than those of Omar Al Bashir.  (President of Sudan.  The ICC has just issued a warrant for him.  He is to be prosecuted for his crimes against humanity in Darfur.)

George Bush is scheduled to visit Calgary, Alberta, Canada on March 17th.  Please see the attached request to the Government of Canada to deny him access to Canada.  The documentation may serve the ICC well in its pursuit of charges against George Bush.

Bugliosi’s testimony before the Judiciary Committee is based on his most recent book, “The Prosecution of George W Bush for Murder”.  It may also be helpful to you.

Thank-you for your consideration of the need to pursue legal action against George Bush.

My sincere thanks to you for doing whatever you are able.  Laws must be enforced equally and fairly.

Best wishes,

Sandra Finley

Saskatoon

(Appended were:

(2)  CANADA’S PROGRAM ON CRIMES AGAINST HUMANITY AND WAR CRIMES

(3)  RCMP WAR CRIMES AND SPECIAL INVESTIGATIONS ENFORCEMENT PROGRAM)

============================

(5)  NEWS STORY MARCH 5, CANADA SHOULD BAR OR PROSECUTE BUSH, FOREIGN AFFAIRS STAYS SILENT

(click on the link – – you’ll see a picture of Gail!)

http://www.ffwdweekly.com/article/news-views/news/canada-should-bar-or-prosecute-bush-lawyer-3378/

Canada should bar or prosecute Bush: lawyer

Foreign Affairs stays silent on upcoming Calgary visit

Published March 5, 2009  by Jeremy Klaszus in News

Vancouver lawyer Gail Davidson says that because Bush has been ‘credibly accused’ of war crimes, Canada should deny him entry

As George W. Bush’s St. Patrick’s Day visit to Calgary draws near, the federal government is facing pressure from activists and human rights lawyers to bar the former U.S. president from the country or prosecute him for war crimes and crimes against humanity once he steps on Canadian soil.

Bush is scheduled to speak at the Telus Convention Centre March 17, but Vancouver lawyer Gail Davidson says that because Bush has been “credibly accused” of supporting torture in Iraq and Guantanamo Bay, Cuba, Canada has a legal obligation to deny him entry under Canada’s Immigration and Refugee Protection Act. The law says foreign nationals who have committed war crimes or crimes against humanity, including torture, are “inadmissible” to Canada.

”The test isn’t whether the person’s been convicted, but whether there’s reasonable grounds to think that they have been involved,” says Davidson, who’s with Lawyers Against the War (LAW). “…It’s now a matter of public record that Bush was in charge of setting up a regime of torture that spanned several parts of the globe and resulted in horrendous injuries and even death. Canada has a duty.”

In February, Davidson sent a letter to Prime Minister Stephen Harper and other cabinet ministers asking the Canadian government to either bar Bush from Canada, prosecute him once he arrives, or have the federal attorney general consent to a private prosecution by LAW against the Texan. She hasn’t received a response, and concedes she’s fighting “an uphill battle” with “terrific challenges.” Davidson laid torture charges against Bush during his visit to Vancouver in 2004, but a judge quashed them within days.

The federal government is keeping silent on the upcoming visit. “We have no comments to offer on the visit of Mr. George W. Bush to Calgary,” said Foreign Affairs spokesperson Alain Cacchione in an e-mail to Fast Forward. When told about Davidson’s letter, a spokesperson with the Canadian Border Services Agency said “we wouldn’t comment on something like that.”

Davidson is one of many voices around the world calling for Bush’s prosecution. Earlier this year, Manfred Nowak, the UN’s Special Rapporteur on Torture, said the U.S. has a “clear obligation” to prosecute Bush and former secretary of defence Donald Rumsfeld for authorizing torture — a violation of the UN Convention on Torture. “Obviously the highest authorities in the United States were aware of this,” Nowak told a German TV station in January.

Joanne Mariner, terrorism and counterterrorism director for Human Rights Watch, says that while there’s legally “all the reason in the world” to prosecute decision-makers in the Bush administration, “it’s a different story” politically. “The Obama administration certainly has not given much in the way of encouraging signals for such a prosecution,” says Mariner, who’s based in New York. “Obama has consistently said that he wants to look forward.” Mariner says that while a U.S. justice department investigation is unlikely, a congressional investigation is more probable — and “that could lead to recommendations for prosecution.”

Mariner’s not expecting a Canadian prosecution against Bush. “Obviously the Canadian government would have to be in favour of it, and that seems rather unlikely,” she says.

Calgary activists, meanwhile, are organizing a number of events for the week of Bush’s visit, culminating in a noontime rally outside the Telus Convention Centre during Bush’s speech. “We want to give him the welcome that he deserves — which is we want him to go back to the States, or we want him arrested,” says organizer Collette Lemieux. Activist Julie Hrdlicka, who visited Iraq twice during the American occupation, agrees. “We need to send a clear message to him that he’s not welcome,” she says.

Lemieux is hopeful that Bush will eventually be prosecuted. “Do I think that it’s going to happen very soon? No,” she says. “But I think that it’s very important that we keep the pressure up…. We have to make it clear that there’s accountability.”

The Plaza Theatre, meanwhile, is screening three Bush-themed documentaries for a “Bush Bash Film Fest” the night of the visit. Half the box office proceeds will go to the United Way.

=====================

(6)  WHO IS SPONSORING THE BUSH VISIT?

I called the Telus Convention Centre in Calgary re the Bush visit and was quickly referred to phone # 403 245  8550.  The recording identified it only as an “events coordinator” with no name.  I left a message requesting them to phone me.  I tried a “reverse phone number” look-up on the Canada411 website.  It came up empty.

I called back to the Convention Centre.  And was told that “Pine Public” was behind the event.  That’s the event coordinator. They don’t know anymore than that.  If anyone knows who is behind the Bush visit, please let me know.  Many thanks.  (INSERT:  we later discovered that the sponsors included law firm Bennett Jones and the Calgary Chamber of Commerce, who we then lobbied.)

NOTE LAST PARAGRAPH IN THE NEWS ARTICLE: Calgary activists, meanwhile, are organizing a number of events for the week of Bush’s visit, culminating in a noontime rally outside the Telus Convention Centre during Bush’s speech.

Mar 082009
 

In order for the people in less fortunate countries to have faith in the ICC, they must see that rogue heads-of-state are prosecuted, regardless of the country they represent.

The crimes of George Bush against the people of Iraq are as great as those of the President of Sudan, Omar Hassan Ahmad Al Bashir in Darfur.  The ICC has issued a warrant for Al Bashir.

George Bush is scheduled to be in Calgary on March 17th.  Many thanks to Gail Davidson (Lawyers Against the War) for her work in making the legal argument (attached):  the laws under which George Bush should be denied access to Canada, and a call on the Government to use the law.  Canadian law should be applied equally, just as the ICC should apply international law equally.  Gail’s work also makes the case for Bush to be prosecuted by the ICC.

I have written the ICC, using information circulated earlier in our network, and this initiative of Lawyers Against the War.  The ICC needs to prosecute Al Bashir, yes, but also George Bush.

I urge you to think of ways in which you can multiply the effects of Gail’s work.  You may want to write the ICC or the Govt of Canada.  And never underestimate the value of just passing this information along to more folks.

Cheers!

Sandra

CONTENTS

(1)  LETTER TO THE ICC CALLING FOR PROSECUTION OF GEORGE BUSH

(2)  GAIL DAVIDSON’S (LAWYERS AGAINST THE WAR) LEGAL CHALLENGE TO GEORGE BUSH IN CALGARY, MARCH 17th

(3)  U.S. PROSECUTOR VINCE BUGLIOSI’S CALL FOR U.S. PROSECUTION OF GEORGE BUSH

(4)  ICC PROSECUTION OF SUDANESE PRESIDENT AL-BASHIR

=========================

(1)  LETTER TO THE ICC CALLING FOR PROSECUTION OF GEORGE BUSH

TO:  International Criminal Court

 

FROM:

Sandra Finley

Saskatoon SK S7N 0L1

Canada

(citizen)

TO:

International Criminal Court:

The Hague

(1)  Ms Laurence Blairon, Spokesperson

laurence.blairon   AT  icc-cpi.int

(2)  Communications and claims under art.15 of the Rome Statute may be addressed to:

Information and Evidence Unit

Office of the Prosecutor

otp.informationdesk  AT  icc-cpi.int

Dear Ms Laurence Blairon,

You are a spokesperson for the warrant issued for Omar Al Bashir, President of Sudan, for his crimes against humanity.

Would you please forward this email to the appropriate persons at the International Criminal Court?

In order for the people in less fortunate countries to have faith in the ICC, they must see that rogue heads-of-state are prosecuted, regardless of the country they represent.

Former president George Bush of the USA launched an illegal war on the people of Iraq.  In fairness, George Bush must be prosecuted for his crimes.

A highly-respected former American prosecutor, Vince Bugliosi,  made a presentation to the (American) House Judiciary Committee in the U.S. in July 2008.  (See YouTube video:  http://watsupjb75.blogspot.com/2008/07/bugliosi.html   )    Mr. Bugliosi called for the prosecution of George Bush in domestic courts.  Mr. Bugliosi’s call has merit, but the crimes of George Bush are an international issue, equally and maybe more so than those of Omar Al Bashir.

George Bush is scheduled to visit Calgary, Alberta, Canada on March 17th.  Please see the attached request to the Government of Canada to deny him access to Canada.  The documentation may serve the ICC well in its pursuit of charges against George Bush.

Bugliosi’s testimony before the Judiciary Committee is based on his most recent book, “The Prosecution of George W Bush for Murder”.  It may also be helpful to you.

Thank-you for your consideration of the need to pursue legal action against George Bush.

Best wishes,

Sandra Finley

Saskatoon, Saskatchewan, Canada

==============

EXCERPT from Vince Bugliosi’s book “Prosecution of George W Bush for Murder”:

http://www.huffingtonpost.com/vincent-bugliosi/the-prosecution-of-george_b_102427.html

“Perhaps the most amazing thing to me about the belief of many that George Bush lied to the American public in starting his war with Iraq is that the liberal columnists who have accused him of doing this merely make this point, and then go on to the next paragraph in their columns. Only very infrequently does a columnist add that because of it Bush should be impeached. If the charges are true, of course Bush should have been impeached, convicted, and removed from office. That’s almost too self-evident to state. But he deserves much more than impeachment. I mean, in America, we apparently impeach presidents for having consensual sex outside of marriage and trying to cover it up. If we impeach presidents for that, then if the president takes the country to war on a lie where thousands of American soldiers die horrible, violent deaths and over 100,000 innocent Iraqi civilians, including women and children, even babies are killed, the punishment obviously has to be much, much more severe. That’s just common sense. If Bush were impeached, convicted in the Senate, and removed from office, he’d still be a free man, still be able to wake up in the morning with his cup of coffee and freshly squeezed orange juice and read the morning paper, still travel widely and lead a life of privilege, still belong to his country club and get standing ovations whenever he chose to speak to the Republican faithful. This, for being responsible for over 100,000 horrible deaths?* For anyone interested in true justice, impeachment alone would be a joke for what Bush did.”

===============

(2)  GAIL DAVIDSON’S (LAWYERS AGAINST THE WAR) LEGAL CHALLENGE TO GEORGE BUSH IN CALGARY, MARCH 17th

See attachment.

Also:  The letter below is from Bev Collins (former federal NDP candidate) to Jack Layton (NDP Leader) in regard to the call by Lawyers Against The War to bar G.W. Bush from entering Canada, and to have him charged with War Crimes. (Bush will be speaking in Calgary on March 17th).

—– Original Message —–

From: bev collins

Sent: Tuesday, March 03, 2009 8:54 PM

Subject: I stood for the NDP

Dear Mr. Jack Layton:

I represented the NDP party in the last federal election in the Cariboo Prince George riding and as you stated in your thank you letter to me afterwards, I left this riding in a stronger position for the NDP next time.

I must admit, I am shocked though, that the very bills that you assisted in putting into legislation in Parliament, you have decided now to ignore them at your peril.

The fact that Canada has laws against war crimes, Our Crimes against Humanity and War Crimes act, our Criminal Code of Canada, Rome Statue of the International Criminal Court, and Convention against torture, should make you want to stand up for these laws, so I am surprised that you will be allowing a war criminal into Canada this month.

There is ample legal evidence of war crimes that have been conducted by former President George Bush. There are now 58 Congressmen who are demanding an inquiry into laying charges against Bush. There are international tribunals that have ruled on substantial legal evidence of these crimes, as well as the UN Special Rapporteur on Torture, Manfred Nowak who has concluded there is proof of torture by Bush and others.

It is Canada’s obligation, our duty to prevent this criminal from entering Canada, or arresting him if he lands on Canadian soil.

The fact that your office has responded by stating that you have no intention of following up on this matter is shameful to say the least, as it makes one question, just who are you standing for, if not the laws of our land.

Your response to Lawyers against the war, will be submitted to all members and fellow organizations throughout Canada, the US and around the world. How unfortunate!

Sincerely,

Bev Collins

Former Federal Candidate

===============

(3)  U.S. PROSECUTOR VINCE BUGLIOSI’S CALL FOR U.S. PROSECUTION OF GEORGE BUSH

Email sent

DATE:  28/07/2008

SUBJECT:  (6 of X)  House Judiciary Committee hearings on Bush impeachment, Vince Bugliosi.  A  wowser.

Vince Bugliosi’s testimony before the House Judiciary Committee, on YouTube video.

Stunning.

http://watsupjb75.blogspot.com/2008/07/bugliosi.html

Other testimony is available by clicking on the caption under the video:

“For a cross section of the testimonies at the Judiciary Committee Hearings”

Baby boomers will remember Bugliosi’s prosecution of Charles Manson.  I read his book “Helter Skelter” way back then, about the Manson “family” and the murders.

… etc.

===============

(4)  ICC PROSECUTION OF SUDANESE PRESIDENT AL-BASHIR

From the ICC website at  (Link no longer valid)

Press Release: 04.03.2009

ICC issues a warrant of arrest for Omar Al Bashir, President of Sudan

ICC-CPI-20090304-PR394 ????

Situation: Darfur, Sudan

Today, Pre-Trial Chamber I of the International Criminal Court (ICC) issued a warrant for the arrest of Omar Hassan Ahmad Al Bashir, President of Sudan, for war crimes and crimes against humanity. He is suspected of being criminally responsible, as an indirect (co-)perpetrator, for intentionally directing attacks against an important part of the civilian population of Darfur, Sudan, murdering, exterminating, raping, torturing and forcibly transferring large numbers of civilians, and pillaging their property. This is the first warrant of arrest ever issued for a sitting Head of State by the ICC.

Omar Al Bashir�s official capacity as a sitting Head of State does not exclude his criminal responsibility, nor does it grant him immunity against prosecution before the ICC, according to Pre-Trial Chamber I.

According to the Judges, the above-mentioned crimes were allegedly committed during a five year counter-insurgency campaign by the Government of Sudan against the Sudanese Liberation Movement/Army (SLM/A), the Justice and Equality Movement (JEM) and other armed groups opposing the Government of Sudan in Darfur. It is alleged that this campaign started soon after the April 2003 attack on El Fasher airport as a result of a common plan agreed upon at the highest level of the Government of Sudan by Omar Al Bashir and other high-ranking Sudanese political and military leaders. It lasted at least until 14 July 2008, the date of the filing of the Prosecution�s Application for the warrant of arrest for Omar Al Bashir.

A core component of that campaign was the unlawful attack on that part of the civilian population of Darfur � belonging largely to the Fur, Masalit and Zaghawa groups � perceived to be close to the organised armed groups opposing the Government of Sudan in Darfur. The said civilian population was to be unlawfully attacked by Government of Sudan forces, including the Sudanese Armed Forces and their allied Janjaweed Militia, the Sudanese Police Force, the National Intelligence and Security Service and the Humanitarian Aid Commission.

The Chamber found that Omar al Bashir, as the de jure and de facto President of Sudan and Commander-in-Chief of the Sudanese Armed Forces, is suspected of having coordinated the design and implementation of the counter-insurgency campaign. In the alternative, it also found that there are reasonable grounds to believe that he was in control of all branches of the �apparatus� of the State of Sudan and used such control to secure the implementation of the counter-insurgency campaign.

The counts

The warrant of arrest for Omar Al Bashir lists 7 counts on the basis of his individual criminal responsibility (article 25(3)(a)) including:

five counts of crimes against humanity: murder � article 7(1)(a); extermination � article 7(1)(b); forcible transfer � article 7(1)(d);

torture � article 7(1)(f); and rape � article 7(1)(g);

two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities � article 8(2)(e)(i); and pillaging � article 8(2)(e)(v).

Findings concerning genocide

The majority of the Chamber, Judge Anita U�acka dissenting, found that the material provided by the Prosecution in support of its application for a warrant of arrest failed to provide reasonable grounds to believe that the Government of Sudan acted with specific intent to destroy, in whole or in part, the Fur, Masalit and Zaghawa groups. Consequently, the crime of genocide is not included in the warrant issued for the arrest of Omar Al Bashir. Nevertheless, the Judges stressed that if additional evidence is gathered by the Prosecution, the decision would not prevent the Prosecution from requesting an amendment to the warrant of arrest in order to include the crime of genocide.

Cooperation of States

The Judges directed the Registrar to prepare and transmit, as soon as practicable, a request for cooperation for the arrest and surrender of Omar Al Bashir to Sudan, and to all States Parties to the Rome Statute and all United Nations Security Council (UNSC) members that are not party to the Statute, as well as to any other State as may be necessary.

The Judges found that, according to UNSC resolution 1593 and articles 25 and 103 of the UN Charter, the obligation of the Government of Sudan to fully cooperate with the Court prevails over any other international obligation that the Government of Sudan may have undertaken pursuant to any other international agreement.

Pre-Trial Chamber I also found that the Government of Sudan has systematically refused to cooperate with the Court since the issuance of warrants for the arrest of the Sudanese Minister for Humanitarian Affairs, Ahmad Harun, and a regional Janjaweed militia leader, Ali Kushayb, on 2 May 2007. As a result, the Judges emphasised that, according to article 87(7) of the Statute, if the Government of Sudan continues to fail to comply with its cooperation obligations to the Court, the competent Chamber �may make a finding to that effect� and decide to �refer the matter [�] to the Security Council.�

Furthermore, the Judges noted that the dispositive part of UNSC resolution 1593 expressly urges all States, whether party or not to the Rome Statute, as well as international and regional organisations to �cooperate fully� with the Court.

Information concerning “ICC issues a warrant of arrest for Omar Al Bashir, President of Sudan”

——————————————————————————–

For further information please contact Ms Laurence Blairon, Spokesperson, at

+31 (0)70 515 87 14 or +31 (0) 6 46 44 88 89 or at laurence.blairon  AT   icc-cpi.int.

Interviews can be arranged in English or French. In order to request such interviews, please call Mr Fadi El-Abdallah (French and Arabic media) at +31 (0)70 515 91 52 or Ms Kerry Picket (English media) at +31 (0)70 515 91 30.

Mar 052009
 

Trial date is not known. 

TIME-LINE FOR NEWCOMERS:

2003-2004:  Along with thousands of Canadians, I communicated to Statistics Canada – do not contract out 2006 census work to Lockheed Martin Corp, war monger that manufactures weapons that contravene International Humanitarian Law (land-mines and cluster bombs for example).  I will not be complicit in the enrichment of corporations that engage in illegal and immoral acts.

2006:  Did not fill in census form, in protest of Lockheed Martin contracts for census work.

March 2008:  charged under the Statistics Act with failure to comply with the 2006 census.

April 15:   In Court, trial date was set for January 7 & 8, 2009

December 08 through to January 2:  communicated with the Court to confirm trial date and arrangements.

January 5:  I was asked to be present for conversation with the Administrative Judge and the prosecutor.

January 6:  Am advised that “Case Management” for my trial slipped through the cracks.

“Case management” for my trial

– started on January 6th 2009

– was continued  Jan 29th

– will be continued (is now adjourned until) March 26th,  2:00pm in court room # 8.

A trial date has not been set.  Hopefully it will be set on March 26th. 

WHEN will the trial be?  WHEN will the decision be known?

–  it could now be the end of 2009 before the trial happens.

–  it could be 2010 before the verdict in known.

–  who knows?!

In the meantime, the outcome of Todd’s trial will be grist for the mill.