POINTS MADE AND TO BE MADE:
___ MY MOTIVATION. Peace, order and good governance in my community.
Ashu is putting fear of what he might do into people. They no longer feel secure. The Police are unable to act; the Justice system is too expensive to use. The means available to the community to protect itself is through publication of information.
I would like to secure a Judge’s ruling on specifically what information is defamatory. I have a Charter Right to free speech; furthermore I am a journalist.
I need a court order saying that Ashu may not interfere with business contracts I have entered into; and he may not interfere in my life, or the lives of my acquaintances in other ways.
___ ASHU’S MOTIVATION: Prevent documents such as the John Gormley email thread from becoming public.
___ Ashu’s motivations:
He was (likely still is) unemployed. He wants to get elected to public office and figured (or was manipulated into believing) he could do it through the Green Party. Because he was using Green Party social media to broaden the scope of his cyber-bullying I forwarded the complaint of the young woman to the Ethics Committee in Ottawa. Independent, 3rd party adjudication – – fair.
In his mind I am the reason why he has been prevented from running as a candidate for the Federal or the Provincial Party.
LFC enters the picture: I posted under password, Ashu’s attempts to discredit me, his coercive attacks on others. I could see potential need for “proof” and didn’t want to lose evidence in the jumble on my computer.
Ashu is highly motivated to prevent some documents from becoming public. One example:
An email thread between Ashu and John Gormley, the Rawlco talk show host, lawyer by training. John gave the thread to the young woman for use as a defence against Ashu, if John’s words did not make Ashu stop his cyber-bullying of the young woman and two other young women. Basically, John will expose Ashu’s lies (specified ones) through officials he will have on the show if Ashu doesn’t stop.
When LFC did not capitulate to Ashu’s demands to take down my blog, he began attacks on my domain name registrar demanding that they de-register the name. That company is in BC; their way of shutting the door on Ashu – – I had to employ a lawyer to whom they could refer his harassing communications.
I don’t know how he will handle the Mediation. Trials are public, he knows that. He might be able to guess how many good people he has harassed and threatened and bullied and put fear into. If this goes to trial, some of them intend to attend.
_✓_ Start point for me being the complaint from the 26-year old woman who he (age 42) had been cyber-bullying for a year. With serious effects on her.
_✓_ I told Tim Nickel why I would not respond to the cross-claim (the system creates adversarial relationships where none exist; I can choose not to cooperate with that).
_✓_ I told Tim Nickel that LFC was acting upon my request when LFC did not accept to settle at the price of $5000 offered by Ashu. (It would come out of my pocket, go into Ashu’s; I would be paying HIS legal bills, too!)
_✓_ made clear to Tim that I am a journalist and have been for more than 15 years. I am not about to relinquish for myself and for others, the charter right to freedom of speech.
___ One thing I did not spell out to him, but will: it is recorded in the communications from the young Vancouver lawyer: – – Ashu was requested more than once to just tell us the specific items in the blogged material that are defamatory. They could be addressed if he would identify them. That offer still stands.
___ I expressed concern over the fact that Ashu will need something by which to save face. (Seems like I’m demanding everything and have nothing with which to buy compromise). Tim replied (words to effect) that he would be looking at that aspect. I took it to mean: that’s his job. I am not presently able to envision what I can do to assist in the “save face” need.
___ I can’t or won’t back-down on Charter Rights. Tim knows that.
I did not discuss:
___
___ I think Tim understands: I will seek (even if the chances are almost zero) to have my expenses reimbursed and even if there is little chance of actually recovering the money.
___ I am not presently able to envision what I can do to assist in the “save face” need. I do not have a reliable memory of whether or not I told him that the Sk Law Reform Commission considered, at its Sept meeting, a submission I made about the need for legislation that prevents “SLAPP suits” (use of the justice system as a tool of coercion, which this is; also the need for legislation to address cyber-violence which the UN has asked countries to do – – it is a very large problem. They replied; there is already work underway by the Uniform Law Commission of Canada. I have inquired about contacting them. Their next meeting is in Regina, according to website.
I will call him early next week and let you know what he has to say: I am thinking there will be 3 separate rooms. To start, LFC and Paul’s Jr in one. Ashu and Tyler in another. Me in the third. With Tim going back-and-forth between the rooms. During Mediation, would it be at Tim’s discretion to advise me of your positions and progress?
WHAT IS ASHU’S CURRENT STATE-OF-MIND?
Recent renewed activity leads me to think Ashu is plenty worried. (A pattern in his behavior – stressful developments cause him to go into a frenzy of activity.) The date got set; no one has backed down. In the last few days he has started a second (crazy) campaign at the U of S to discredit, through my role of elected member of University Senate (I have recently completed the maximum two terms). Some of the other Senators and the University Secretary have received missives claiming that a group of Senators (that included me) have defamed him. And they had better do X, Y or Z. OR ELSE! The emails were forwarded to me. I replied with an update: Mediation Nov 22. And the usual suggestion/request: best not to engage with him.
Cheers!
Sandra Finley
250-594-9898
APPENDED
(1) Nickel, Timothy J.,
- Ed., Reg. Psych.
1110 –14th Street East
Saskatoon, SK S7H 0A3
Phone: 306-203-9142
E-Mail: tim.nickel10@gmail.com
Place of Employment: Private Practice; Contract with Dispute Resolution Office
Education: M. Ed –U of S
Mediation Training: Justice Institute of B. C. (210 hrs.);
Organizational Diagnosis;
Community at Work (Sam Kaner); TJA Conferencing; Circles and Restorative Processes
Mediation Experience: 18 years
Areas of Competence:
Organizational Development and Workplace Mediation; Civil
Litigation and Business Disputes; SGI Personal Injury Claims;
Multi -Party and Public Policy Development; Board Governance
Fees Charged:
$150.00 per hr. ($120.00 per hr – Prov. Gov’t.)
Professional Affiliations:
Conflict Resolution Saskatchewan Inc.; FMC; SKCP
- – – – – – – – – —
(2) PHOTO and other info at https://ca.achievecentre.com/trainer/tim-nickel/