Posts Tagged ‘criminal law’

Part II. Criminalized for Disputing the theory that “beauty is a European concept” by Canada and USA

December 29, 2014

Part II

As a result of Waterhouse’s retaliation, my application to the Ph.D program was rejected by the Department. Under the University’s policy, such intentional violation of grading policy and regulations would subject Waterhouse to serious sanctions. But since I was a racial minority student, and Waterhouse a member of the White privileged class, the University of Toronto, later joined by the whole justice system and another White American professor, geared up to cover up for Waterhouse and persecute me for complaining against Waterhouse.

After I lost my Ph.D application, I began to complain against Waterhouse’ racist reprisal to the University and requested the wrongs to be corrected and apology from Waterhouse. In this process I discovered from the Department the basic facts of Waterhouse’s fraud over my grade, etc., as mentioned above . When I questioned Waterhouse in a meeting with him, he admitted: “Yes I did.” But later he asserted it was an “innocent mistake”, and denied that he retaliated against me saying I misunderstood his theory. In covering up for Waterhouse, the university administration denied my right to access to my student file to find out what Waterhouse exactly did to me, which was my right under university policy.

In the department, all Asian professors eventually withdrew from sitting at the departmental appeal committee to hear my appeal, so finally it was the only one White professor who signed the decision to reject my appeal. Then an all White professors’ University’s Appeal Committee heard my appeal. They listened to my story so tentatively, and all of them so vigorously blamed Waterhouse who also attended the meeting. Waterhouse was grossly outraged and argued with them very angrily to defend himself, saying another Asian student also alleged he was racist, and that “we” are too tolerant for “them” to play race card. So it was totally to my astonishment when I received their decision to reject my appeal.

At the time, I was a part time student, since I was also part time working to support myself and pay the tuition fees. I worked on a full time well paid summer job in the East Asian department of the Royal Ontario Museum, which is affiliated with the East Asian Studies Dept. of the U of T. Because of my well appreciated work, I had been notified that I would be the only student to be hired back for next summer. Then during my appeal process, one day Waterhouse as if very casually asked me if I had worked in the Museum. I confirmed that. Soon I received a letter from the Museum that informed me that I would not be hired back. This was obviously a reprisal from Waterhouse. I was very upset, and brought a complaint to the Ontario Human Rights Commission (OHRC) in 1993.

In the meantime I had been working for years on a part counter help time job in a university cafeteria on campus. As my complaint continued at the OHRC, I was fired by the university from this job without any explanation or notice. I lost all my income sources all together and could not find another job, since it was in a time of the most serious economic recession in Canada in its recent history. Without income I had to drop out of the school, and faced with question of survival.

I then rushed back to the OHRC to continue my Complaint, which I had already basically stopped pursuing after filing it with the Commission. The Commission then became the only hope of survival to me, and initially it did give me a lot of help and support.

However, in my back the Commission already began to conspire with the U of T to suppress my Complaint.

As I later discovered, the U of T and the Commission were already exchanging drafts of an agreement regarding “the final result” of my case in my back. During the investigation process, the OHRC obtained my academic file at the U of T, but declined to disclose to me the info in my file regarding what had transpired at U of T about the grade etc. Also, although the OHRC had conducted a series of investigative interviews with key witnesses of the fake grade at the university – the then department Chair, Graduate Coordinator, etc., it refused to disclose to me any interview results.

So until now, what Waterhouse did to me in his reprisal is still a secret, only partially known to me based on the materials available to me.

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Black men been mass incarcerated in US? Because law enforcement in US is discretion/choice based on race

April 19, 2012

Why are Black men been mass incarcerated in US? It’s because, as the US court just told me, the law enforcement in US is discretion/choice based, not merely violation-of-law based as the ordinary people believe. The court did not tell me what forms the basis for law enforcement agencies’ discretion, but my extensive experiences with the US and Canadian criminal justice system as a Chinese immigrant tell you this choice or discretion is based on race of the alleged crime perpetrators.

 In my case, the crime perpetrators are Whites or their non-Whites compliances. So the US court now told me I have no right to require the FBI etc. law enforcement agencies to investigate my criminal allegations, because it is their choice, discretion, not their mandatory duty, to decide whether to investigate a criminal allegation. Apparently, when the alleged perpetrators are Blacks (not in compliances with Whites), the agencies decide to the opposite – to investigate and prosecute.

So the statistics of Blacks’ out of proportion incarcerate rate cannot simply prove Blacks really commit so much more crimes than Whites, since it might only be a result of the law enforcement agencies’ choice. This race based discretion/choice naturally is at least as one of the major contributing factors for Blacks’ mass incarceration. I totally agree with The New Jim Crow, the best contemporary book by Black author. Search for my name Wanxia Liao, my case # in US federal court: 11-2494.

The following is an excerpt of the federal judge’s order dismissing my case:

The Court concludes that Liao fails to state a claim for mandamus relief, because she has not alleged facts demonstrating that the alleged duty to act is “ministerial” in nature. See, e.g., Wrightman-Cervantes v. Mueller, 750 F. Supp. 2d 76, 80-81 (D.C. Cir. 2010) (dismissing claims for mandamus relief on basis that FBI’s decision to investigate crimes is a discretionary act); Terrell v. Attorney General of State of California, 1998 WL 574387, at *3 (N.D. Cal. Aug. 31, 1998), aff’d 188 F.3d 515 (9th Cir. 1999) (dismissing claims based on alleged failure by FBI to investigate allegations of civil rights violations, and noting that “[t]he court can find no binding authority requiring the FBI to investigate every complaint that it receives. To the contrary, courts have consistently described the FBI’s mandate as a ‘discretionary rather than mandatory authority.’”) (quoting Agunbiade v. United States, 893 F. Supp. 160, 163 (E.D.N.Y.1995)).