Reply to the Attorney General of Canada Re. A Public Inquiry

Dear Mr. Rob Nicholson Page:1/3
Minister of Justice and Attorney General of Canada
(Updated)

Cc:
Dear Mr. Stephen Harper
Prime Minister of Canada

By E-mail and Fax

Re: In a reply to your e-mail letter regarding my request for a public inquiry

I am writing to tell you your statement in your e-mail to me, dated February 20, 2009, regarding my request for a public inquiry is untenable and is conflicting with the facts as follows:

1)Attorney General’s statement:
You stated you and your ministry are unable to get involved in my request for a public inquiry regarding torture case, regarding serious violation of human right committed by Canadian organizations and officials.

My response:
However, in Mr. Stephen Harper‘s e-mail to you and to me, dated January 06, 2009, he stated: “Please be assured that your comments have been carefully reviewed. I am certain that he (Attorney General of Canada) will wish to give your views every consideration.” That is, after careful reviewing my request,Mr. Stephen Harper still forwarded my request to you, the wrong person and organization.

2)Attorney General’s statement:
In your e-mail letter, you stated: “I hope you will understand that, for this reason, he is not able to intervene in, investigate, or otherwise become involved in matters of a private nature. Similarly, neither departmental officials nor members of his staff are in a position to help resolve personal issues.”

My response:
I remind you of one torture case dealt with by your ministry and the Government of Canada, the case of Maher Arar. I don’t think you will deny Maher Arar’s case is a personal case with “private nature” and “personal issues”. Regarding this case, your former Attorney General and your ministry did “intervene in and investigate” “on behalf of Maher Arar”. Please see this OPENING STATEMENT OF THE ATTORNEY GENERAL OF CANADA attached in a fax to Mr. Paul Cavalluzzu, a commission counsel of Commission of Inquiry, dated June 18, 2004; file No, 2-365619: “This opening statement is made on behalf of the Attorney General of Canada. The statement will address the nature of Commissioner O’Connor’s inquiry, offer some general observations on the actions of Canadian officials in relation to Maher Arar, and identify some of the unique challenges the Commissioner will face in conducting an inquiry of this kind.”

3)Facts regarding the Attorney General:
From the factum of the Attorney General of Canada, “The Attorney General has historically, and by statute, been recognized as the guardian and protector of the public interest. The Minister of Justice and the Attorney General of Canada is by virtue of s. 4 and 5(a) of the Department of Justice Act, charged with over-arching duties and responsibilities”. “In light of these roles, by convention, the Attorney General is independent of both Cabinet and the legislature when he exercises his powers in the public interest.” Moreover, “although the Attorney General has no standing in respect of matters that are essentially private in character, intervention between private parties is allowed where the interests of the Crown are affected either directly or indirectly. In addition, the Attorney General of British Columbia may also intervene in any private suit where the constitutionality of legislation is challenged.”

Fact regarding the public interest:
In many laws and acts of Canada, personal issues are defined as part of public interest. It is not necessary for me to seek out one example for you, the Attorney General of Canada.

My response:
Is the torture, through the use of non-lethal weapons, gang-stalking and acts of serious violation of human right committed by Canadian organizations and officials, within the field of the public interest?

4)Attorney General’s statement:
In your e-mail letter, you stated: “It may be helpful for you to know that, while the Parliament of Canada is responsible for enacting criminal law, the administration of justice in a province, including policing, is the responsibility of the provincial governments.”

My response:
Please see the following facts regarding how the Parliament of Canada and the Government of Canada got involved in one torture case, Maher Arar:

"Sept. 20, 2006: Prodded by Bloc Québécois MP Michel Gauthier, the House of Commons votes unanimously that "an apology should be presented" to Arar for Ottawa's role in his wrongful deportation by U.S. officials."
--TheStar.com

"Sept. 20, 2006: After receiving a vote of confidence, the House of Commons issues a unanimous apology for the detention and torture of Arar, but a Conservative minister insists it is an expression on behalf of Parliament ,not the government."
-Published by Mathy Kandasamy

"In February 2004, the Federal Government appointed Justice O’Connor to conduct the Arar Inquiry."
-Court of appeal for Ontario


I tried my best to deal with all levels of local government of Ontario, including
the organizations you referred to in your e-mail, complaint system of Ontario of Canada, RCMP and Primer of Ontario, Mr. Dalton Mcguinty before my request for a public inquiry. Some of them refused to do anything. Some of them committed acts of serious violation of human right. And, one lawyer of Canada said to me after seeing my case: “You have no where to go if you want to file a complaint against a police or a doctor in Canada.”

Mr. Rob Nicholson, I ask you and the government of Canada again to take prompt action to hold a public inquiry for the case of torture and serious violations of human right happened in Canada for me, but for the public interest as well. Only can a public inquiry deal with this torture case in term of impartial, prompt, and thorough investigation. English is my second language. Any questions, please contact me. Thanks for your consideration. I am looking forward to hearing from you.



Best regards,


Robin Yan


February 25, 2009


Contact:
Cell: 416-220-3483

E-mail: yzlrobin@hotmail.com ( Recently, my e-mail and computer have been hacked by one person of Ontario of Canada. His behavior was confirmed by MSN. After e-mail me, please call me to confirm.Thanks)


PS:
For your review, you can find “An open letter to Prime Minister of Canada” in English and in Chinese for accuracy from my blog. From this letter you can see what I have been through over four years.
www.yzlrobin.blogspot.com


Cc:
Comartin Joe, Critic, Current Member of The House of Commons, by e-mail: Comartin.J@parl.gc.ca
LeBlanc, Dominic, Critic, Current Member of The House of Commons, by e-mail: Leblanc.D@parl.gc.ca
Ménard, Réal , Critic, Current Member of The House of Commons, by e-mail: Menard.R@parl.gc.ca
Peter Van Loan, Minister of Public Safety, by e-mail: psepcwebmail@psepc-sppcc.gc.ca