MYTHS OF LAWYERS
Following is a story of a lawyer by the name of Karl Heintz Eisbrenner, who no longer is a member of the bar. Not out of choice but by force.
The Late Karl Heintz Eisbrenner
died on Saturday July 29, 2006, in a car accident.
Eulogy for Eisbrenner
Take a moment to read Eisbenner's written words:
I am a child of immigrant refugees who fled their native Soviet home, were interred in German camps, until sponsored to come to southern Alberta, where the OldMan River flows.
My grandfather was seized, imprisoned and summarily executed for speaking out liberty language.
I learned English tongue after becoming fluent in reading, writing, speaking German.
Martin Luther Gothic German, circa 1500, the only book available to my Oma and her 7 children once settled as share-croppers on a sugar beet farm - commune.
I recall a Grandmother Elder who had final say over communal matters, overseeing quite a large tribe calling itself "the Hofers".
During my early years, parental and extended family plans were made to see me enter into the Christian Ministry, as a Pastor. However, I did not qualify to enter the Bachelor of Theology program, instead opting to study World Religions, earning an Honors undergraduate degree in Religion .
Alongside, I studied koine
or New Testament Greek Princeton Theological Seminary
, in New Jersey, before completing my Joint Honours Philosophy/Theology degree at Oxford University .
While at Oxford I had the pleasure of tutoring 2 French adults studying "Business English", and on returning to Alberta, commenced teaching Philosophy [Early Greek] as a Teaching Assistant at the University of Alberta, and lecturing in Philosophy at [then] North American Baptist College.
At the same time, I was taking a full load of courses, studying for my L.L.B. at the U of A. At Oxford, and since, I have kept up my interest in languages, studying classical Hebrew and Greek.
My most recent [and last] case as a Barrister, involved archeological, heritage and cultural studies of the Okanagan Valley.
Professor Stan Copp
[Langara College], Tom Chapman
[former Federal Liberal candidate and California Bighorn Sheep biologist], and Mike Sarrell
[Environmental Consultant responsible for mapping in the recent Critical Habitat Atlas published by the B.C. Government], all participated in the case involving 188 seniors who lived in 109 homes located on about 30 acres next to Gallagher Lake, a spring fed fresh water lake just 8 km north of Oliver, B.C.
The seniors lived as tenants of Theo and Maya Brouwer, who also ran the Gallagher Lake KOA. Landlords and seniors asked my assistance in their case of an illegal aggregate heavy industrial mining project that started operating without a permit on September 11...
The year was 1998
. The local Provincial MLA and other MLA's were involved in covering up clear misconduct and contraventions of mining legislation.
In B.C., the Ministry of Energy, Mines and Petroleum Resources, routinely runs roughshod over archeological, heritage, cultural and other social treasures.
Basically, the MLA and his family owned aggregate sand and gravel company wanted to supply road material to build a road to a [still pending] mega-desert-interpretation centre-casino project in Osoyoos.
The company began operations without a permit, attempted to justify the illegal mining by alleging "grandfathering of prior use", by submitting and filing false and fabricated evidence in B.C.S.C. purporting to "prove" prior use.
Mr Justice Hutchison
, presided on May 10.99 in Penticton Supreme Court, found "discrepancies" amid and among the various "facts" and "affidavits" filed by the Respondent Mines Ministry [represented by Lisa Mrozinksi]
, Regional District of Okanagan-Similkameen [represented by [then] T.Richard Brooke, Q.C.
, and Thomas W. Barnes
- also representing the Municipal Insurance Associations' 155 municipal corporate members], and Larry D. Halbauer
[representing William Barisoff MLA
, W.B. Barisoff & Sons Ltd, and various family members].
Justice Hutchison ordered cross-examination on Affidavit, resulting in admissions and more affidavits from the Mines Ministry, contradictory affidavits all filed as post hoc assurances by a [former] Chief Inspector of Mines.
The May 2001 election in B.C. was held without the public being made aware of complicity between MLA Barisoff
, along with others, who sought to protect the Liberal Party from any hint or scent of scandal - to ensure a Liberal victory.
G. Jack Harris,
Q.C., a prominent Lower Mainland attorney, said: "The only problem with your clients' case is the timing of the election
". "Some senior Judges and others do not want the NDP to have any chance in the next election
", and the facts of the case would implicate Gordon Campbell
in pre-election breach of trust, misrepresentation and other issues effectively impacting the Liberal election chances.
The Law Society of B.C.
filed its own complaint against me in July 2000, alleging I had filed Court papers effectively putting the B.C.S.C. in a situation where unless the Court granted the relief asked for, the Court would be admitting or allowing itself to be implicated in wrongdoing.
The Society took umbrage when I wrote that 4 elderly folk living at Country Pines Retirement Park had passed to the other side...
I asked the situation be dealt with quickly, given the stress on the elderly, the vulnerable and the oppressed neighbours of the Million Dollar Gravel Mine... just down the road from the bypass to the [pending] casino.
What topped it all off was the government at all levels placing talus rock for a fish ladder into McIntyre Creek [Vaseux Creek], one of the 7 major arms of the Okanagan River.
Ostensibly, the ladder was to help the fall spawning salmon run - returning to McIntyre Canyon pools where the Salmon Chief distributed among the people of the tribe. Salmon celebration and habitation sites abound in the area.
The property north of the MLA's 33 acre parcel, shows over 110 aboriginal First Nations celebration and habitation sites, dating back to between 6000 and 9000 B.C.E.
No archeological assessment preceded the September 11 mining.... without a permit.
No consideration was given to the migration trail for the MudLake Group of California Bighorn Sheep - the most successful survival rate amongst all Bighorn was shared by the MudLake Group.
Video tape shows the sheep unable to migrate Gallagher Bluff to their Winter Feeding grounds at Vaseux Lake Nature Preserve, about 5km north of Country Pines and Gallagher Lake.
No consideration was given to their lambing and rutting times, disturbed by dynamite explosions and rock crushing and silica dust... the only heavy industrial project in the area, ever.
And the next year, the dead carcasses of California Bighorn dotted the landscape... emaciated, stressed out, their immune systems giving out... 70 - 80 - 90 ? emaciated carcasses of California Bighorn.
uncovered the B.C. governments vaunted plan to allow BigHorn Helicopter Hunting, at 37,000 U.S. per sheep head.
He witnessed the Ministry of Environment "collaring" elk, by buzzing the Elk with helicopters and chasing them to the brink of cliffs, and then what he called "Jet Jockeys" would fire the nets at the Elk, tumbling head over heels 70 or 80 feet down a steep cliff, trying to net an Elk in mid-air.
Tom lost a 350 thousand dollar contract to monitor the sheep. Gary Symons
, former investigative reporter for the Penticton Herald was dis-mayed to be demoted and then left the paper, for having written the truth about Court proceedings without editorial supervision.
Professor Wes Pue
[Nemetz Professor of Legal History, UBC], and Oxford colleague, advised me early on about the Lower Mainland Media freeze on the story - given its wide ranging political and legal and judicial ramifications.
Former Premier Bill van der Zalm
[no stranger to scandals] wrote me and spoke to me about what he called the biggest legal political scandal in B.C. history.
In December 2001, the Law Society counsel contacted me advising me:
a) to tell my clients everyone, including the Society, agreed they got screwed;
b) to tell my clients I would not work pro bono any more [they had run out of money];
c) to tell my clients I need to turn my back on them if I want any chance of keeping my license to practice and my practicing certificate; and
d) make the most difficult choice - to drop the case to save my "career".
I refused. I paid the consequences. My life and my work were and are one.
I was taught early on by the burning embers slowly cooling under my crib, a wood stove with a blanket on top. I would lay there quite quietly and unmoving, so I am told.
Listening to the murmuring embers and seeing a photo on the wall, of a man with a chest open, showing a heart wrapped in thorns, bleeding, in his hand a lamp and his other arm reaching out to knock at the door of a cabin awash with warmth from the hearth.
I guess I did not realize then the likeness between a photo and a mirror.
Perhaps, my experiences have allowed me to experience truly experience the last vestiges of 'residential school'.
My article published in The Advocate [July 1998, Vol. 56, No. 4]
deals with the ability of Provincial Court Judges to take on equitable jurisdiction, to make Orders reflecting the entire medicine wheel balance we understand as human nature: the emotional, spiritual, physical, mental aspects. These are in turn reflected and echoed in the Hopi Balance Wheel and the Celtic Cross.
I am involved in "The StarGate Research Project"
[at www.rwnicholson.com, and www.bc4u2.com] - researching the connections between Okanagan and Classical Hebrew usage of "tsi-dik" and "tze-dek" to reflect ideas of earth and ground and holy and sacredness.
Even the Psalmist speaks of a man skilled in [totem] carving, who carved upon a tree... until they came with their axes and hammers to destroy the message, the language. Petroglyph evidence in B.C.'s interior shows Phoenecian
[Keltic], and Runic Writing styles.
.. along with as yet unknown "script", carved on the trunk of a tree, a Totem Tongue.
Thank you to share these thoughts and for sharing such powerful energy by using Egale - which in German expresses itself as Egal, on an even keel, or, all in balance.
I trust we will communicate more - and perhaps I will again be able to see the Northern Lights over Lake KaKiSa and share in some cariboo and wind-dried fish.
My first jobs away from home in the summer of my 14th and 15th year, were in Yellowknife.
I visited again a couple of July's ago, taking a hitchiker back home on a 5000 km journey - on wing and a prayer. His name, Joey Desjarlais
, a Denee friend.
Karl-Heintz Eisbrenner, M.A. (Oxon.); L.L.B