Response to Mr. Kelford's May 29, 2002 letter sent June 8, 2002 copy below.TO: HOWARD, RYAN KELFORD & KNOTTBarristers &
Solicitors2 Main Street East, Smith Falls,Ontario, K7A 1A2
From: Jane ScharfRR 4 Spencerville,KOE 1XO, ON
Dear Mr.
Shane Kelford: RE: your letter of May 29, 2002
I have included your letter of May 29, 2002 on my website which accords you
a full opportunity to present your position on the May 24, 2002 court hearing to the followers of the site. I am also hereby
pledging to put any and all correspondence you send me on my site so that you get equal opportunity to speak. I believe I
can achieve this within three days of receiving your documents.
I have to say I do not agree with your account of the situation
and I stand by the accuracy of my May 25, 2002 email that concerns you. I never lie either directly or by omission because
I believe that I will lose my Karma if I do so. Since I am poor and by societies standards powerless Karma is all I have.
My account did show the judge spoke to me negatively but he did not enforce his own order to give back the documents. This
is a victory and his actual decision was that he was not going to incarcerate me because he was going to presume that I have
good intentions. And no further enforcement instructions were given regarding the documents.
I maintain that the reason
my May 25, email comments put your clients in an unfarourable light is not because they are untrue it is because their actions
are discrediting and potentially damaging to their business. I do not have to exaggerate or misrepresent facts I simply had
to expose the truth. The solution for your clients is to correct their behaviour not to shut me up.
Please note nothing
is going to shut me. What I witnessed in the group home re restraints among other things was simply illegal and most definitely
wrong. Even now when I think about it my entire being screams for justice and protection of these children. As time moves
on I thank God I become more passionately resolute and my courage increases with the love and support so many people are prepared
to give me to continue this fight.
In my heart I know what I am doing is right and that justice will be served in the end
and the truth will prevail.
It is you that have done your best to include fabrications of fact in your position. For one
example from many when you first brought me to court on motion you gave me 22 hours notice. This was in the first week of
March after I put out a press release. In this motion you included an affidavit to the court that stated that I was fired
then I made a complaint of mistreatment of the children. However, I was able to provide an affidavit on time even with such
short notice in which I submitted a copy of an email to Lori Beckstead of February 12, with an outline of complaints which
I will include below. And I put the email from Lori Beckstead in response dated February 13 also included below proving that
the group home received my complaint several days before I was fired. Then I was fired on February 15, 2002 for bringing my
complaint to the Office of the Children and Family Services Advocacy office on February 14, 2002. But you obviously wanted
to discredit me to the court by portraying me as a disgruntled x employee. In fact in our March 1, 2002 meeting you threatened
to sue me and portray me as a disgruntled x employee so no one would believe me if I went public with this conflict. I reminded
you at that time that I made the complaints before I was fired. Nevertheless a few days later you misrepresented this fact
to the court in an affidavit stating I was fired first and then complained. I have tapped this conversation. This entire
travesty of justice including your oppressive tactics will all come in the wash.
Sincerely, Jane Scharf
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HOWARD<
RYANKELFORD & KNOTTBarristers & SolicitorsFile No. Y308(K)May 29, 2002Dear Ms. Scharf: RE: Dalhousie Lake Homes for Youth
v. Scharf, et al
We have been provided with a copy of your e-mail of May 25, 2002. First let me say how disappointed we
are in the content of this document. In particular, it is reprehensible that you would misconstrue the comments of Judge Pedlar
so as to suggest that he was somehow supportive of your case.
How convenient that you did not advise the recipients of
that e-mail that Judge Pedlar publicly chastised you, in open court, calling your actions in this case "misguided, at best".
As you well know, the Judge went on to say "I am not even sure of that". We intend to provide the Judge with a copy of your
e-mail.
We note also that you did not advise the recipients that the Judge held that your actions did constitute a continuing
contempt of court, but that he chose to punish you by granting my clients motion to stay your proceedings against my clients
as an abuse of process. It also not surprising that you did not advise the recipients that I stated, on behalf of my clients,
that they had no wish to see you incarcerated, but felt obligated to bring the motion because they are under a statutory duty
to protect the confidentiality of the records in question. However, we note that it is typical of your tactics in this matter
to misstate the facts and omit to state any facts which cast you in a less than favourable light.
This e-mail came to my
attention because it was sent to the South Mountain Unit of the Dalhousie Group Home. We wish to remind you that you are still
prohibited by Judge Pedlar's order of April 5, 2002 from "contacting, directly or indirectly...the Plaintiffs' employees...except
through the court or any recognized complaint procedures." You are hereby advised not to send any future correspondence to
my clients employees or to otherswise contact them directly or indirectly. The next such correspondence will result in further
contempt motion.
We have also been advised that you have included disparaging comments about my clients on your website,
together with the names and telphone numbers of Lori Beckstead, Troy McNaughton and myself. You are hereby requested to remove
those comments and the names and telephone numbers immediately, failing which will bring a motion seeking an order for the
removal of that information from the website. Given that you continue to be a contempt of the April 5, 2002 we will also ask
the court to exercise its discretion and to refuse to hear submissions from you on these motions until you have satisfied
the April 5, 2002 order and cleared your contempt.
Yours faithfully,
HOWARD RAYN KELFORD & KNOTT
Per: Shane A. Kelford
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Reply-To:
"Howard Ryan Kelford & Knott" From: "Howard Ryan Kelford & Knott" To:
"Jane Scharf" Subject: Re: Court of Appeal OrderDate: Mon, 22 Apr 2002 17:09:44 -0400MIME-Version:
1.0X-Priority: 3X-MSMail-Priority: NormalX-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400We have now received the
endorsement of Armstrong J.A., dismissing yourmotion for a stay of Pedlar J.'s order of April 5, 2002 pending appeal.Accordingly,
Pedlar J.'s order as to the return of documents and costs isnow enforceable. You are currently in contempt of the order as
it relatesto the return of documents. You have until May 5, 2002 to pay our client'scosts of $2,000.
Unless you comply
with the order as to delivery of documents and costs weintend to bring a motion for contempt. We intend to request an orderbarring
you from taking any further proceedings in this matter until thecosts are satisfied and you deposit an additional amount of
$15,000 assecurity for costs in future proceedings. We intend to seek an order foryour incarceration pending delivery of
the documents.
Unless you contact us within 3 days to confirm that you will abide by PedlarJ.'s order, we will bring the
motion.
Please govern yourself accordingly.
Shane A. KelfordHoward, Ryan, Kelford & KnottBarristers & SolicitorsTel: 613-283-6772Fax:
613-283-8840email: howardetal@falls.igs.net
P.S. Your email of April 19, 2002 was not in a format recognizable by oursystem.
If you wish us to review that correspondence you should forward ahard copy by fax.
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To:
Howard_Ryan_Kelford_&_KnottFrom: Jane Scharf Subject: Re: Court of Appeal OrderCc: Dalhousie_South_MountainBcc:
X-Attachments: Dear Mr. Kelford:
Your email below does not make much sense to me.
Lori's letter confirmed a resolution
to all but the restraint issues.CAS declared no more young children can safely reside in the home so all you had to do (without
admitting any wrongdoing) was design a policy to safeguard against children being deliberately hurt in restraint such as Child
Adescribed and notify the children and parents of these changes.
I do not see how it is in your clients interest to provoke
this conflict further.
However, please be advised that I am prepared to risk arrest to retain thedocuments until the complaint
procedures have been exhausted. The reasonis because the Supreme Court test for a stay does not allow the court to considerthat
there would be harm to the children if I give back the documents beforethe appeal is heard. The test only allows argument
that it would be harmfulto me if the documents are returned.
In the meantime I will not use the documents for any other
purposebut the complaint procedures.
And I am prepared to stay in jail until the order is rescinded or untilthe authorities
undertake to enforce the laws and policies in placeto protect group home children from assault and excessive use of force.
Sincerely,
Jane
Scharf
>Reply-To: "Howard Ryan Kelford & Knott" >From: "Howard Ryan Kelford & Knott"
>To: "Jane Scharf" >Subject: Re: Court of Appeal Order>Date: Mon, 22
Apr 2002 17:09:44 -0400>MIME-Version: 1.0>X-Priority: 3>X-MSMail-Priority: Normal>X-MimeOLE: Produced By Microsoft MimeOLE
V5.50.4133.2400>We have now received the endorsement of Armstrong J.A., dismissing your>motion for a stay of Pedlar J.'s
order of April 5, 2002 pending appeal.>Accordingly, Pedlar J.'s order as to the return of documents and costs is>now enforceable.
You are currently in contempt of the order as it relates>to the return of documents. You have until May 5, 2002 to pay our
client's>costs of $2,000.
>Unless you comply with the order as to delivery of documents and costs we>intend to bring a motion
for contempt. We intend to request an order>barring you from taking any further proceedings in this matter until the>costs
are satisfied and you deposit an additional amount of $15,000 as>security for costs in future proceedings. We intend to seek
an order for>your incarceration pending delivery of the documents.
>Unless you contact us within 3 days to confirm that
you will abide by Pedlar>J.'s order, we will bring the motion.
>Please govern yourself accordingly.
>Shane A. Kelford>Howard,
Ryan, Kelford & Knott>Barristers & Solicitors>Tel: 613-283-6772>Fax: 613-283-8840>email: howardetal@falls.igs.net
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Reply-To:
"Howard Ryan Kelford & Knott" From: "Howard Ryan Kelford & Knott" To:
"Jane Scharf" Subject: Statement of Defence to CounterclaimDate: Mon, 29 Apr 2002 15:43:09 -0400MIME-Version:
1.0X-Priority: 3X-MSMail-Priority: NormalX-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400WITHOUT PREJUDICEWe have
had some difficulty sending you our client's Statement of Defence toyour Counterclaim by fax. We will attempt again this
afternoon--if there isa problem with your machine, we could send it by regular mail. Pleaseadvise.My client is considering
its options with respect to your refusal to complywith Judge Pedlar's orders. We will advise you of our client's intentionslater
this week. My client certainly would prefer not to seek an order foryour incarceration for contempt, however, you cannot
simply expect to ignorethe court's order without repercussion. (We assume that if you succeeded inobtaining an order against
my clients you would expect them to comply. Whyshould you be allowed not to comply with a court order?) We would ask youto
reconsider your decision not to comply with the order.Shane A. KelfordHoward, Ryan, Kelford & KnottBarristers & SolicitorsTel:
613-283-6772Fax: 613-283-8840email: howardetal@falls.igs.net>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>