G-2512-04: Affidavit of Tom Jackson

CANADIAN WHEAT BOARD
GOVERNANCE AND MANAGEMENT RESOURSES COMMITTEE

BETWEEN:

TOM JACKSON (PLAINTIFF)

- and -

CHAIRMAN RITTER and PRESIDENT CEO MEASNER; And MEYERS NORRIS PENNEY (DEFENDANTS)

NOTICE OF REQUEST TO GRANT 2004 ELECTION INVESTIGATION - CWB DISTRICT 4

FULL NAME AND ADDRESS OF PLAINTIFF;

Thomas R. Jackson
BOX 116 Killam, Alberta
T0B 2L0
Phone: (780) 385-2332
Fax: (780) 385-2383
E-mail: tjackson@connect.ab.ca

Tom Jackson File No. G-2512-04

CANADIAN WHEAT BOARD
GOVERNANCE AND MANAGEMENT RESOURSES COMMITTEE ALONE

BETWEEN:

TOM JACKSON (PLAINTIFF)

- and -

CHAIRMAN RITTER and PRESIDENT CEO MEASNER; And MEYERS NORRIS PENNEY (DEFENDANTS)

NOTICE OF REQUEST

TAKE NOTICE THAT, Tom Jackson, IS REQUESTING the CANADIAN WHEAT BOARD ("CWB") GOVERNANCE AND MANAGEMENT RESOURSES COMMITTEE ALONE, (herein after to be known as the "GMRC") INVESTIGATE AND DETERMINE 2004 ELECTION FRAUD; in writing pursuant; to Rule 9.2.5 (b) of the CODE OF CONDUCT AND CONFLICT OF INTEREST GUIDELINES ("CCCIG") May 31 2001.

THE REQUEST IS FOR the GMRC to recommend, if possible, an injunction to delay the 2004 CWB Election tabulation, then upon full disclosure of all facts, recommend the election be repeated in District 4, or 4, 6, and 8 as appropriate action, to the full Board of CWB Directors who have no conflict of interest; for approval either, before or after, the tabulation occurrs on the 29th of December 2004.

THIS REQUEST IS MADE pursuant to CCCIG Rule 9.2.5 (b) (iii), of the Honourable GMRC Committee (herein after to be known as the "Honourable Court"); "Depending on the seriousness of the alleged reach, the GMRC will review and discuss the alleged breach as soon as possible,"... [emphasis added]

FURTHER, THIS REQUEST IS MADE pursuant to CCCIG Election Period Code of Conduct for Current Directors: Rule 9.1.1; Rule 9.1.2 PRINCIPALS (a) and (d); Rule 9.1.3 ETHICAL STANDARDS (a), (g), (i) November 27, 2003 Revision

THE GROUNDS FOR THE REQUEST are as follows:
  1. Pursuant to Rule 9.2.3 (a) DUTIES, the Honourable Court has an obligation to act honestly, in good faith, and in the best interests of the Corporation, which "emanate from common law obligations"...
     
  2. Pursuant to Rule 9.2.3 DUTIES(a)(i) "includes ensuring that the views and concerns of western Canadian wheat and barley farmers are brought forward to the entire board." The Plaintiff Tom Jackson requests the additional duties of GMRC Directors under the authority of CCCIG 9.2.5 (f) (iii) :
Quote:
"Any Director who knows or suspects the existence of a conflict of interest or director and employee harassment situation, or a fraud or theft from the Corporation or a violation of this Code of Conduct or the corporate Code of Conduct, has a responsibility to report it to the... Chair of the Governance Committee..."

The Plaintiff therefore stands upon this Rule, and requests an inquest into the Election fraud, director and employee harassment of specific producers, and violations of this Code and Corporate Code of Conduct.
  1. Pursuant to Rule 9.2.3 (b) DUTY OF CARE, the Honourable Court has an obligation under (i),(ii) (c), (d), and (e) to investigate fraud and harassment allegations against Chairman Ritter and President Measner including the CWB employees they are responsible to direct and who are under the Chairman's and President/CEO's authority.
     
  2. Therefore the Plaintiff Tom Jackson calls upon the Honourable Court to judge and use the following long established Common Law standards to make the judgements in this 2004 CWB Election investigation and Decision;
     
    1. The Common Law is based on the Golden Rule, which states;
Quote:
Do unto others as you would have done unto you

And the Negative Golden Rule, which states;
Quote:
Do not do unto others as you would not have others do unto you;
  1. The two fundamental principals of common law: Do not infringe upon the Rights, Freedoms or Property of others, and Keep all contracts willingly, knowingly and intentionally

    Common law maxims include:

    That for every wrong there is a remedy,

    The end does not justify the means,

    Fundamental principals cannot be set aside to meet the demands of convenience or to prevent apparent hardship in a particular case,

    Ignorance of the law is no excuse for breaking the law,

    Two wrongs do not make a right, and

    One can enlarge the rights of the people, however they cannot be taken away without their informed consent.
  1. The Plaintiff requests that to for this proceeding to remain impartial, the: CWB Corporate Secretary Deborah Harri, Chairman Ritter, Director President CEO Measner, including his employee's: Margaret Redmond, and General Council Jim McLandress; ALL be treated as hostile to: This request for this investigation, recommendations of the GMRC, and deliberations including any decision the full Board of Directors may chose to make.
     
  2. The Plaintiff requests that to for this proceeding to remain impartial, appropriate action be taken to preserve all evidence contained within: the CWB's and Election Coordinator's computers, any interoffice correspondence about the 2004 election, and in any other form that may exist relating to this investigation of alleged election fraud; employee harassment and fraud upon producers; immediately.
     
  3. The forthcoming written submission and need for this intervention are necessary because of the very short between the Injunction Judgment of T2191-04 and the CWB Corporation's tabulation date of December 29th 2004;
     
  4. The Plaintiff submits Producers should not suffer prejudice by more complete information on the how the creation of the producer voter's list occurred.
     
  5. The Plaintiff submits Producers should not suffer prejudice by more complete information on how alleged election fraud occurred.
     
  6. Therefore the Plaintiff submits Producers should not suffer further prejudice by the Honourable Court disallowing more complete information than what was available for the T-2191-04 Injunction Hearing.
     
  7. Further, the Producers voting in the 2004 CWB election could suffer further unnecessary prejudice if this evidence is not disclosed and considered in the GMRC intervention Request by Tom Jackson.
     
  8. The Plaintiff, Tom Jackson, has a continuing Public and Private interest that will assist the Honourable Court in reaching a decision that will secure a just, most expeditious and least expensive determination of this proceeding on its merits, and at least cost to producers in western Canada.

THE FOLLOWING DOCUMENTS are presented Tuesday, December 28th 2004;

  1. Affidavit of Tom Jackson, file: G-2512-04;
     
  2. Exhibits "A", to "H";
     
  3. Written Representations of the Plaintiff Tom Jackson to follow and will be sent to the Appropriate GMRC parties.

DATED at the town of Killam, in the Province of Alberta, this 29th day of December, 2004