PETITION
TO THE PROVINCIAL GOVERNMENT OF NEWFOUNDLAND AND LABRADOR
We, the undersigned residents of Newfoundland and Labrador draw the attention of the Provincial Government to the following:
THAT systemic misconduct by Workers Compensation Boards and Appeals Commissions across the province of Newfoundland and Labrador relate to specific sections of the Criminal Code of Canada and the Charter of Rights and Freedoms such as (but not limited to) discrimination, harassment, intimidation, fabrication of evidence, fraudulent misrepresentation, fraudulent concealment, omission of duty, misappropriation of money held under direction, criminal negligence, extortion, disobeying an order of the court, disregarding presumption of innocence and subjecting injured workers to cruel and unusual treatment;
THAT misconduct by WHSCC violates section 7 of the Charter that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice" by leaving injured workers and their families susceptible to the ravages of poverty;
THAT WHSCC routinely put the burden of proof upon injured workers contrary to both the Workplace, Health, Safety and Compensation Act and Occupational Health and Safety Act legislation that gives presumptive status to injured workers thus forcing an adversarial system upon injured workers contrary to the WHSCCs' duties under Administrative Law and contrary to the Charter of Rights and Freedoms section 15(1) that "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination" ;
THAT the Workplace, Health, Safety and Compensation Act and the Occupational Health and Safety Act discriminates against injured workers by excluding them from "access to health services without financial or other barriers" by excluding "any health services that a person is entitled to and eligible for under any Act of the legislature of a province that relates to workers' or workmen's compensation" and that this leaves injured workers vulnerable to wrongdoing by the Workers Compensation system;
THAT because provinces benefit financially and politically from WCB wrongdoing, injured workers have had no success in resolving these issues provincially and have been left as a marginalized group of Canadians who are left without access to natural law and fundamental justice;
THAT the Provincial Government of Newfoundland and Labrador put in place a educational program for Physicians, Employers and Injured Workers on WHSCC and related agencies in order for injured workers to be treated fairly so WHSCC cannot use a lack of knowledge against an injured worker.
THEREFORE, your petitioners call upon the Government of Newfoundland and Labrador to enforce and uphold the Criminal Code and the Charter of Rights and Freedoms by convening a Public Judicial Inquiry to investigate misconduct by Workers Compensation Boards and Appeals Commissions across The Province of Newfoundland and Labrador and to assess both the Workplace, Health, Safety and Compensation Act and the Occupational Health and Safety Act with regards to the Charter of Rights.