Another Familiar Face - Oh, the irony! (updated)

AUPE has been unusually tight-lipped about their SLAPP suit against those who dared support us online.  Perhaps, after the media attention their actions have gotten, they are hoping that if they just keep quiet, people will stop talking about it, and they can continue using the civil court system to try and intimidate people from talking about what they have done to our community since May 7.

They have, however, made a couple of public statements.  Here's one, from their website.

Let's take a closer look at this.

In late August, AUPE filed a statement of claim against three parties in regard to defamatory statements they made about our members and staff.  We did not take this action lightly, but the statements were serious enough that they required a response.

Well, they just confirmed that they filed the statement back in August, but for some reason, they sat on it until the end of September.  If these statements were so egregious as they claim, why did they wait for so long?

We consulted external legal counsel on this matter and obtained an opinion that legal action was merited.  The larger decision was weighing the need to defend our members and staff from damaging and untrue accusations against the possibility that we face further attacks for doing so.

External legal counsel, eh?  Must be nice, having unlimited funds to hire outside lawyers.  Oh, wait.  "Counsel."

Also, what "damaging and untrue accusations" were made about their members and staff?  We only know about Kathleen's tweets, one blog post from someone in Ontario that actually came to Artspace and talked to a number of people who live here (identified as a politician, except he doesn't hold any political office), and a single quote, without context, from this blog.  None of which named anybody, nor made any untrue statements.

In the face of this risk, we chose to defend the reputation of our members and staff.

Gosh, what a noble sounding way to defend their actions.  Such risk taking!  The multi-million dollar union, suing a stay-at-home mom with a twitter account, a guy in Ontario that hopes to run for office, and a non-existent Jane Doe.

Who knew AUPE was so fragile?

Defending its reputation in the courts obliges AUPE to remain silent about the nature of the false accusation.  

They claim these public tweets and posts are false and damaging their reputation, but then say they have to "remain silent about the nature of the false accusation."

How convenient.


Let's take a look at some of these tweets, seeing as how they're, you know, out there in the twitterverse.

 @_AUPE_ Members were blocking people from leaving the residence. Move out of the damn way. Those are PRIVATE CITIZENS #UnitedWithKikki

No AUPE members are named, and it's true; they were blocking all sorts of people who had nothing to do with the labour dispute. Plenty of videos to back that up.

 .@_AUPE_ Should let public know how members are harassing & abusing private residents at Art Space: youtu.be/OpAGhXrqQs4 #UnitedWithKikki

Again, no AUPE members named, and it includes a link to a video, proving the statement.

 .@_AUPE_ how bout private citizens being blocked by Art Space residents who aren't associated w/SAIL? youtu.be/z-S3qSOq-q8 #UnitedWithKikki

Another true statement, linking to a video to back it up.

 . @_AUPE_ members who harass, bully, threaten the disabled residents at the complex: youtube.com/watch?v=OpAGhX… #UnitedWithKikki . @_AUPE_ worse than blocking. They scream sirens at 8 a.m., verbally attack disabled residents, threaten. #ableg #UnitedWithKikki

Once again, a true statement, with a video link to back it up.

 . @_AUPE_ lawyer screaming threats of subpeonas at disabled residents:youtu.be/k6hakuNxoog #artspaceundersiege #ableg #UnitedWithKikki

Another true statement backed up with a link to video - including the lawyer part, since at the time, that's what we all thought he was, how he was identified in numerous media articles, and even how AUPE represented him on twitter.

 . @_AUPE_ Vids show blatant harassment. AUPE attacking private, disabled residents. youtube.com/watch?v=OpAGhX… #ableg #UnitedWithKikki

Another statement backed up with video link.

 @_AUPE_ encouraging continued harassment of private, disabled citizens at their homes is DISGUSTING. #ableg #UnitedWithKikki
 Happening at #yeg Art Space-not story @_AUPE_ telling media or public. Threats, bullying: artspaceundersiege.blogspot.ca #UnitedWithKikki

Here we have a personal opinion (that said actions, backed up by previous videos, are disgusting), with a link to this blog to back it up.

 .@_AUPE_ Yr members have created unlivable state in neighborhood. Feel proud of members attacking disabled people? #ableg #UnitedWithKikki

Another descriptive statement, describing how many Artspace members, visitors, family members and even neighbours felt, followed by a question.

How are any of these defamatory attacks on AUPE members and staff? They describe what is actually shown in the videos. What Artspace members say they feel like.

The key thing about defamation is that, if it's true, it isn't defamation*, and there is plenty of video evidence, as well as incident reports from Artspace members (some of which are posted here on the blog; visit the archives links on the right, to read them yourself).
[*update: edit on poorly phrased sentance structure]

AUPE's official statement closes with;

As a result AUPE will not be commenting on the specifics of the attacks while the matter is before the courts.  But members should be assure that in this case the law is being used as a shield, not a sword.

Uh huh.

More on that below...

Meanwhile, there was another public statement from AUPE, this time to the Edmonton Journal, in response to their Editorial.

Here it is, with commentary.

Friday October 3
Law a shield, not a sword
Re: “Use hammer sparingly,” Editorial, Oct. 1
There are hundreds of tweeters and bloggers commenting on the SAIL strike/lockout. The Alberta Union of Provincial Employees has sued three individuals out of the hundreds who have commented. We welcome the free exchange of ideas and views, and of course we recognize that we are also engaged in the exercise of free speech when we picket. AUPE is very much in favour of free speech.

Uh huh.  Sure they do, and sure they are.

But only when that "free speech" is in support of them, not in opposition to them, it seems.

But almost all the bloggers and tweeters, as well as respectable media outlets and the journalists who write for them, are aware there are limits to free speech.

That one should have come with a spew alert.  I think a lot of people were wiping coffee off their monitors after reading that one.

One of those limits is very important: you cannot make a false accusation that attacks a person’s integrity and lowers their reputation in the community.

Agreed, if the accusations are false.  As we've demonstrated, however, these are not false accusations they are suing for.  They are tweets and comments that are either backed up by photo, video and witness accounts, or personal opinions and observations.

The only ones lowering AUPE's reputation in the community where the people on the picket line, engaging in the abusive behaviour.

There is recent precedent for an organization to take legal action to defend itself against false accusations. The Alberta Teachers’ Association, for instance, took such action to defend itself against accusations made by a critic on Twitter this summer. A few years ago, a Red Deer lawyer successfully defended his reputation against attacks from a provincial cabinet minister.

And what does this have to do with the price of tea in China?

Defending its reputation in the courts obliges AUPE to remain silent about the nature of the false accusation. As a result AUPE will not be commenting on the specific attacks on its reputation while the matter is before the courts.

Well, that's a first.  They certainly had no problem bringing up their labour board complaints against SAIL, even after those complaints were withdrawn.

But readers should be assured that in this case the law is being used as a shield, not a sword.

Right.  We're supposed to believe that, are we?

We've had members sharing an interesting conversation they had with their pastor, long before the strike started and about an unrelated matter, about the secular justice system.  Basically, the discussion was about how the courts are the sword, while the Word is the shield.

If we were to apply this to the current SLAPP suit against people who merely talked about what is actually happening here at Artspace, AUPE is using the sword of the courts, while claiming to take on the role that belongs to God.

Sorry, AUPE, but you are not God.

Meanwhile, this is who wrote the letter, which is so much like the statement on the AUPE website.

Mark Wells, supervisor of research, education and communications, AUPE

It's not the first time this Mark Wells has written to the journal about what's going on here.  In this letter from May 24th, he basically slanders the reputation of one of our members (yes, we have video of the incident he's talking about, too).

He's also identified in the old letter as merely an AUPE "spokesperson."  Did he get a promotion or something?

Hey, Mark.  You want to talk about defamation and false accusations?  Why don't we take a look at what that really looks like.





This is the first of 8 clips showing...

Oh.  Hold on.

Of course Mr. Wells knows what it looks like.

He's in the videos.

That's right.  Among the trio of men engaging in this elaborate street theatre in front of Artspace back on August 2nd is...

Ladies and Gentlemen, meet Mark Wells, who has been identified by several people.

In the above photo, you can see him with AUPE's non-lawyer, William Rigutto, on the left in the yellow t-shirt.

The other guy in a yellow t-shirt is this guy.

That's from the David Eggen endorsement page.

Here are a few more screen caps from security video taken on August 2nd, but really, go check out the video above, so you can hear for yourself.

As you can see (and hear, if you've watched the videos), he's not just an observer, but an active participant.  And, gosh, he looks so HAPPY while doing it!

In this image, you can't see the piece of paper he's holding up, but on the video, you can see him continue to record the person driving the car he's helping block, well after he's stopped holding up the paper.

The passenger of that car was a board member.

I say "was" because she got out of the car, in hopes that they would allow the driver to go into the underground parking, once she left.

They didn't, and continued blocking that car for some time longer.

Ah, but that's not all about Mr. Wells.

Some of our members know him by another name - Mark Daley, which is the name he goes by on Facebook.

On his Facebook page, he says he works for AUPE.

But that's not the strangest thing about Mr. Wells/Daley.  We also found this.

That's right.

The guy that has written to the Edmonton Journal in defense of his employer, AUPE, is also a photographer and journalist.

That might explain how AUPE's letters get published so very quickly.

Talk about irony!  The AUPE "supervisor of research, education and communications" actually engaged in the very behaviour the exposure of which lead to the negative attention AUPE has been getting in social media.

Just a few things from the videos;

The sign he's wearing?  It says "SAIL - all subsidy, no accountability."

Of course, there IS accountability for SAIL's funding, so that's a defamatory statement right there around his neck.

In the video, they also accuse SAIL, named SAIL board members and named Artspace members, basically of fraud and embezzlement.

They also throw out accusations such as SAIL paying for the phones some people were using to record their performance.

They claim SAIL paid hundreds of dollars for pizza and entertainment for Friends of SAIL meetings.

They suggest that Artspace has shredded SAIL financial documents.

They suggest SAIL is paying a non-Artspace member illegally to make a documentary about their actions.

They threaten to subpoena the bank accounts of all Artspace members, looking for money they suggest SAIL has given us.

They threaten to subpoena all our video recordings - which would be pretty counterproductive, since not only are many of these videos already online, but they show AUPE picketers engaging in all the behaviours we've been talking about.

And so on.

Seriously.  Grab a drink and a snack, settle in and watch the videos.

If there's anyone who should be filing for defamation, it's Artspace members against Wells/Daley, Rigutto and Zimmerman.

Lucky for them, no one in Artspace has millions (pdf) in union dues to tap to pay for lawyers.


Update: Oct. 10

This post was published late Oct. 5th.  A supporter found something interesting on Oct. 6th and sent in this image.

The person had been checking out something they remembered seeing on Mark Daley's facebook page (the post in this image) when things suddenly changed.

They just happened to be looking at the same time Mark changed his profile name to Athabasca Poem.

He also removed public reference to his place of employment, and I believe that above post from May 24 is no longer viewable to the public.

We've always known that AUPE has been all over this blog, but the proof doesn't get more blatant than this!

Letter to the Editor: the rest of it, and then some.

Going back to the letter written to The Edmonton Journal recently, here is the full, unedited letter that was sent.

Breaking a Not-For-Profit to Pave the Way for a Big-Box Homecare Provider?

Like many members of the disability community in Edmonton, I was interested to read the recent Edmonton Journal story about a group of care seniors’ care workers at the Revera Churchill securing a voluntary, employer-sponsored RSP plan, part of a three-year contract that also increased wages, changed shift premiums and added health and sick-leave benefits. The employees, represented by the Alberta Union of Provincial Employees, negotiated for months and had assistance from an independent negotiator.

This successful negotiation stands in sharp contrast to the bitter, 4-month-long labour dispute which still rages between the AUPE and SAIL (Supports for Artspace Independent Living), a not-for-profit user-run homecare provider for people with disabilities who live in Artspace Co-Op. Throughout this conflict, AUPE picketers have routinely blocked/impeded everyone from residents, to DATS drivers, to mail carriers from entering or leaving the building. These picketers have caused public disturbances in a private, residential neighbourhood by chanting, singing and using bullhorns. All of this has resulted in Co-Op members with disabilities suffering stress-related illnesses. Yet, the intense conflict rages on, with no government minister, and no politician of any stripe, seemingly willing or able to work to broker a fair resolution and put an end to AUPE’s bullying and terrorizing of an entire community.

When further contrasting the ultimate resolution of the dispute between AUPE and Rivera with the ongoing conflict between AUPE and SAIL, one crucial difference becomes apparent. In the first case, the dispute was between Alberta’s largest union and a national, for-profit homecare provider. However, in the second case, Alberta’s largest union is demanding that a small, user-run, not-for-profit homecare provider, whose sole source of funding is Alberta Health Services, pay its healthcare aides the same wages as are earned by healthcare aides working for big for-profit companies and/or by healthcare aides working in large, long-term care facilities with exponentially larger client populations. Such a demand defies all logic. Even more baffling is AUPE’s apparent reticence to taking its demands for higher wages to Alberta Health Services, from which SAIL gets all its funding. Instead, AUPE seems quite content to simply continue to bully and terrorize the residents of Artspace.

This begs the question: What is AUPE’S real agenda in this dispute? Do they actually want a resolution with SAIL? Or, are they, in fact, doing all they can to make SAIL go under, so that AHS will bring in a big-box homecare provider, like Rivera, to take over the homecare contract at Artspace? In need of workers to meet the demands of the contract, the new homecare provider would have no qualms about rehiring AUPE members to provide intimate care to the very people that they have been terrorizing for months, regardless of the feelings or wishes of the homecare clients themselves.

It’s oft observed that a society is judged according to the way it treats its most vulnerable citizens. Considering the physical and psychological siege that AUPE is being allowed to wage, unhindered, against the residents of Artspace and the surrounding community, I’d say that Alberta has just hit a new low.

--
Heidi Janz, Ph.D
Adjunct Professor
John Dossetor Health Ethics Centre

It took a week for them to publish Heidi's letter, but in true Journal form, only 2 days for them to publish a response.

Two of them, even.

The first I will mention is written by someone in Sherwood Park, who is obviously uninformed.  That doesn't stop her from making assumptions and being really insulting.

Re: “A study in contrasts,” Letters, Heidi Janz, Aug. 26

Why aren’t SAIL Inc., Artspace and Ms. Janz, dealing with the Alberta Health Services’ failure to properly fund their care? Why do they think they should be an exception to the AHS failure to provide sufficient resources for home-care services?

It’s presumptuous of SAIL, and Ms. Janz, to assume they have a right to exploit their employees just because that seems to be easier than trying to get a fair deal from AHS. They would find they have allies in that struggle.

Carol Wodak, Sherwood Park

Ms. Wodak's accusation that SAIL and Ms. Janz have the "right to exploit their employees" is not only incredibly insulting, but pure AUPE.  She's spouting union talking points.

(BTW: Heidi doesn't have anything to do with the employees, but that doesn't seem to be stopping Ms. Wodak from assuming things).

It's awfully easy to just blame AHS, but it avoids the real problem, which is what AUPE is doing.

Also, the question of AHS funding is outside the scope of what's happening here at Artspace; that is an issue for the politicians, not SAIL.

Ah, but Carol is not just some concerned citizen from Sherwood Park.  She neglected to include that she is a Director for Senior's Action Liaison Team.  She's described as an "elder care activist."  A quick search finds that her focus is on institutionalized care.  Which is the complete opposite of what SAIL is about.  Perhaps the most interesting find is this letter to her, from the Legislative Assembly, written back in 2008, where the Sherwood Park MLA is defending people's preferences to receive health care without being in institutions.

For someone who has such personal reasons to be an activist for elder care, you would think she would be fighting for people to live independently as they age, rather than AUPE's attempts to control the independent living market.

You would also think she would be able to do so without insulting those same people and accusing them of exploiting employees (after all, some of the user members need home care, not because they have various obvious disabilities, but because they've simply gotten older and need a bit of help).  How incredibly offensive and degrading of the very people Ms. Wodak is supposedly fighting for.

(update: have been informed that Ms. Wodak actually used to live in Artspace many years ago, and was present when one of our members spoke on a panel trying to save SAIL - and those care workers' jobs - last year.  Which makes her accusation that SAIL is exploiting employees that much more disturbing.)

Speaking of offensive and degrading.

Here is AUPE's response.

Aiming for equality
Re: “A study in contrasts,” Letters, Heidi Janz, Aug. 26

Ms. Janz asks the Alberta Union of Provincial Employees if it wants a resolution to the ongoing labour dispute with Supports for Artspace Independent Living.

The answer is yes. That’s why staff voted to accept the independent mediator’s recommendations for settlement July 29. On Aug. 1, SAIL rejected those same independent recommendations, extending the employer’s lockout outside the Artspace Housing Co-op indefinitely.

AUPE has offered to partner with SAIL to assist in its funding negotiations with Alberta Health Services numerous times. Every offer of assistance was rejected. SAIL has even indicated it’s happy with the funding it receives from AHS.

AUPE’s goal is to have the women working at SAIL treated as equals in the industry. The independent mediator recommended that too, but SAIL continues to fight against fair compensation for staff. Those who question SAIL’s agenda have been subjected to scorn and ridicule on social media.

You’d think that in a community like SAIL, the belief in equal treatment would extend to those who care for disabled residents at Artspace, too.

Karen Weiers, AUPE vice-president

In typical AUPE doublespeak, Karen (who is at least honest about who she is) tries to make AUPE out as some sort of hero, rather than the villain they really are. Of course, she neglects to mention that the mediator's recommendation would have bankrupted SAIL - after all, AUPE has been busily accusing SAIL of fraud and "bad faith bargaining" to justify ignoring SAIL's financials.

As for her claims of AUPE's offers of help, I will have to leave that to others to respond to, but it's a bit like saying the lion has offered to "partner" with the lamb over what's for dinner.

Then she tries to go the "equality" route.  SAIL's employees were, of course, treated with equality, and they were fairly compensated for the work they did, but to AUPE, equality means something very different.  To them, equality is not about people being of equal worth, but of a forced equality of outcome.

Meaning, of course, money.

Oh, oh!!  And look!  She complains that "those who question SAIL's agenda have been subjected to scorn and ridicule on social media."

Suddenly, it's SAIL that has an agenda.  AUPE is very good at accusing SAIL of what they, themselves, are doing.

Scary, scary, SAIL, a non-profit run by a volunteer board, has an AGENDA people!  Run!  Run for the hills!

Those nasty people with wheelchairs and walkers and canes dare to want to live independently!

They want to have control over their own health care!

AAAAaaahhhh!!!  We can't have that!  We can't have people who *gasp* can actually THINK FOR THEMSELVES!!!

The horror!

Oh, yes, and how dare the plebeians question their betters!  Remember, only AUPE is allowed to heap scorn and ridicule on people.  Like... oh, Ms. Weiers herself.

Here's Ms. Weiers, on the picket line, just a few days ago. Moments before this photo was taken, she had her face plastered against the window, where she was busily heaping scorn and ridicule on the replacement workers outside.  She's been out here quite a lot, fully participating in the abuse of our community.

Then she whines that AUPE's drones are getting flack through social media?

HelloOOOooo.  Welcome to teh internetz.  

And then she hits the low blow.

You’d think that in a community like SAIL, the belief in equal treatment would extend to those who care for disabled residents at Artspace, too.

How utterly insulting and degrading to the people who fought to be treated like human beings, worthy of living independent lives, in their own homes, and capable of having a say in their own care, rather than being farmed off and hidden away in institutions.  You know, for REAL human rights, not entitlements and unearned privileges. What gall for a woman, who has condoned and participated in the abuse of our community, to make such an offensive statement.

Sorry, Deary, but you don't get to play the victim card when you are the villain.  Especially when the people who are supposedly so oppressed just held a woman hostage for 4 hours only 2 days ago.

Oh, and Karen, SAIL is not a community.  SAIL is a company.  A company run by a volunteer board that are also Artspace members.  A company that is consumer driven by people who are Artspace members. Some of the board members are also SAIL users.

Which makes it laughably ridiculous - and dishonest - for her to suggest that SAIL, the company, doesn't have an interest in the care of Artspace user members.

Spoken like someone with utter contempt for the disabled - a contempt we have seen from AUPE throughout this entire ordeal.

You can wail away about how it's all about "equality" all you want; AUPE's actions speak louder than their talking points.

It's about money - for AUPE.

It's about power - for AUPE.

It's about control - in the hands of AUPE.

Control over the lives of those least able to defend themselves against the AUPE juggernaut.

The elderly and disabled.

I wonder if Ms. Wodak would be so supportive, if she saw just what AUPE picketers have been doing to our community?

Letter to the Editor: A study in contrasts

This morning, the Edmonton Journal finally printed this letter from Heidi Janz.

It only took them a week.

Given what we've seen in the past, we can probably expect AUPE's response to be up tomorrow morning.

A study in contrasts

Heidi Janz

Edmonton Journal

Tuesday, August 26, 2014
Re: "Seniors' care workers win retirement plan from employer," Aug. 18 The successful contract negotiation by a group of seniors' care workers, represented by the Alberta Union of Provincial Employees, and their employer, Revera Churchill, sharply contrasts with the ongoing labour dispute between the AUPE and SAIL (Supports for Artspace Independent Living) Inc.
The first dispute pitted Alberta's largest union against a national, for-profit home care provider. In the second case, instead of taking their demands for higher wages to Alberta Health Services, which is SAIL's sole funding source, AUPE seems quite content to simply continue to bully residents of Artspace by picketing outside their home.
Does AUPE actually want a resolution or are they actively trying to bankrupt SAIL so AHS will bring in a big-box home-care provider to take over the contract at Artspace?
Heidi Janz
Edmonton

A Follow Up Response

This is to follow up on what was written here.

Following is a rebuttal letter by Heidi Janz to AUPE's letter: AUPE Defends Its Record.  Before I go on, however, I wish to point out some details.

It took 8 days for the Journal to finally print Ms Janz's letter, which was published June 30th.  Then the Journal published AUPE's response on July 3rd - remarkably quick; especially when taking into account print deadlines.

Ms. Janz sent another response and waited a week to see if the Journal would publish it.

They haven't.

Ms. Janz has given the go-ahead to have her response printed here, since the Journal obviously doesn't have the testicular fortitude to print it.

RE: AUPE Defends Its Record
I need to thank AUPE Vice President Karen Weiers for her July 3rd response to my original Letter to the Editor entitled “Slap in the Face for Disability Advocates.” I am grateful to Ms. Weiers for writing the letter because, in it, she reveals the true depth of AUPE’s ignorance of and/or contempt for (it’s hard to tell which) the ongoing struggle of people with disabilities to preserve their hard-won right to live independently in the community and direct their own homecare (read: personal care) services.
As I read it, Ms. Weiers seeks to make two main arguments in her letter. The first argument is that, “Contrary to Ms. Janz’s claim in her letter, the Alberta Union of Provincial Employees did indeed defend the model of care at Artspace in public statements opposing Alberta Health Services’ plan to cancel home-care contracts and hand them over to a handful of corporations.” Interestingly however, Ms. Weirs does not offer any references, with or without urls, for said “public statements.” I am also curious about why, given its staunch public commitment to defending the model of care at Artspace last spring, AUPE would have publicly advised their members to leave Artspace and seek employment elsewhere: “‘We are advising Artspace staff to take new employment as soon as possible, at the highest rate they can find. We are in a new era of health care where AHS is treating care as a commodity, so it is appropriate for staff to take whatever opportunity they can, at the best rate they can find,’ said AUPE Negotiator Kevin Davediuk” (June 11, 2013 http://www.aupe.org/news/ahs-terminates-artspace-housing-cooperative-home-care-workers/) This seems to me a very odd, not to mention ineffectual, way for AUPE to publicly “defend” the independent living model of care at Artspace.
Equally incongruous, if not incomprehensible, is the second argument that Ms. Weiers makes in her letter, namely that “AUPE members [have conducted numerous campaigns] in defence of public services for Albertans living with disabilities, including efforts to keep Michener Centre open and past campaigns to defend Alberta Hospital Edmonton from being closed.”
So, let me get this straight.... According to Ms. Weiers’ “logic,” AUPE has defended the independent living model of care by fighting to keep Albertans with disabilities locked up in institutions????
With “friends” like the AUPE, Albertans with disabilities surely need no enemies.
Heidi Janz, PhD
Adjunct Professor, John Dossetor Health Ethics Centre, University of Alberta

A Slap in the Face - Letter to the Editor, Edmonton Journal (updated x3)

Here's a letter to the Edmonton Journal, calling AUPE out on their false claim of "helping" Artspace and others keep their home care support services. 

Edmonton Journal June 30, 2014 7:40 AM

The Alberta Union of Provincial Employees has added insult to injury in its treatment of Albertans with disabilities who are striving to maintain their independence.

On Monday, June 16, Larry Pempeit, founder and president of Creekside Support Services, was inducted into the city’s Hall of Fame for decades of dedicated work to create opportunities for Edmontonians with disabilities to live independently in the community and direct their own home-care (read: personal care) services. Fittingly, Mr. Pempeit’s induction ceremony was held on the first anniversary of a meeting with then-premier Alison Redford that led to the reinstatement of home-care contracts for three user-run providers in Edmonton: Creekside, Abbey Road and Artspace. Incidentally, this victory was brought about through the heroic efforts of AUPE.

Say what?

According to a recent statement posted to the AUPE’s website by negotiator Kevin Davediuk, “The independent model of care at SAIL Inc. (Supports for Artspace Independent Living) is something AUPE successfully defended last summer when Alberta Health Services tried to restructure the care model.”

Is that so? Funnily enough, I’m one of the disability advocates who worked day and night last spring in a desperate bid to save our right to live independently in the community and direct our own care; I can’t recall the AUPE offering us their support in any way, shape or form. Ever.

Now for a reality check: AUPE is currently engaged in a bitter labour dispute with SAIL, a user-run, not-for-profit provider of home care. Although I’m not directly involved in this conflict as I do not live at Artspace, as a person with disabilities who also requires home-care services, I am utterly appalled at AUPE’s attempts to take credit for a victory they had no part in whatsoever. Attempting to portray itself as a great defender of independent living for people with disabilities becomes all the more ironic and insulting given the intransigence and picket-line bullying tactics that have characterized AUPE’s behaviour throughout this dispute. AUPE is actually jeopardizing the continued viability of the very independent living model they claim to have so valiantly defended a year ago.

Shame on you, AUPE.

Heidi Janz, adjunct professor, John Dossetor Health Ethics Centre, University of Alberta

Updated:

Following is a quote taken from an article on AUPE's website dated June 11, 2013. This is their idea of support:

"“We are advising Artspace staff to take new employment as soon as possible, at the highest rate they can find. We are in a new era of health care where AHS is treating care as a commodity, so it is appropriate for staff to take whatever opportunity they can, at the best rate they can find,” said AUPE Negotiator Kevin Davediuk."

Updated:  AUPE was very quick to respond to the above letter.

Re: “Slap in the face for disability advocates,” Letters, Heidi Janz, June 30
Contrary to Ms. Janz’s claim in her letter, the Alberta Union of Provincial Employees did indeed defend the model of care at Artspace in public statements opposing Alberta Health Services’ plan to cancel home-care contracts and hand them over to a handful of corporations.
We do not wish and never intended to diminish the work of others on this issue, as implied by Ms. Janz.
It is a shame she is now disrespecting the very employees whom Artspace sought to retain last year, and diminishing the work of the numerous campaigns AUPE members have conducted in defence of public services for Albertans living with disabilities, including efforts to keep Michener Centre open and past campaigns to defend Alberta Hospital Edmonton from being closed.
Karen Weiers, vice-president, Alberta Union of Provincial Employees

Rather cheeky of them to first claim credit for the hard work of people like Janz, then throw out... hmmm.  Let's see; strawman, red herring and ad hominem, all in two paragraphs.

One member commented this way:

I'm positive our fight was more about saving the program and less about those specific employees; regardless, those employees seem to think that their current behaviour will get them back on the job, and yet it's having the opposite effect. And it's too bad

Updated:

From a Friend of SAIL:

Heidi is 'questioning' how AUPE can support keeping the Michener Centre open and keeping the disabled residents in that institution...while at the same time saying the union promotes independence, through their 'all talk, no action' support consumer-directed home care at Artspace. Just wanted to spell it out for folks who haven't been following the story if the AUPE strike at Artspace Housing Co-op

Oops.

This point would be missed by anyone who doesn't know that Michener Centre is an institution.  However, AUPE justifies picketing at our private home by re-classifying it - for their own uses - as an institution, rather than as independent, private, homes.

Patronizing and Bullying - a letter to the editor

Here is a letter from a non-Artspace member that expresses our feelings quite well.

Patronizing and bullying
Edmonton JournalPublished: Friday, May 23

Re: "Dispute rages at housing co-operative," May 21

Under ordinary circumstances, the notion of a "patronizing bully" would be considered an oxymoron. But then the bitter labour dispute that's been playing out between striking health-care aides represented by the Alberta Union of Provincial Employees and their employer, Supports for Artspace Independent Living, a userrun, not-for-profit homecare provider for people with disabilities who live in Artspace Co-op, can by no means be considered ordinary circumstances. 

AUPE is insinuating that SAIL is being reckless with its hapless clients' money, when that money actually comes from Alberta Health Services. Why is the union picking on SAIL while letting the colossus that is AHS off scot-free? 

As a person with disabilities who also requires home-care services, I am utterly appalled at AUPE's consistently patronizing portrayal of people with disabilities as pathetic pawns. AUPE is really going after the people with disabilities who both run and receive home care through SAIL, thus jeopardizing their continued independence.

A patronizing bully is still a bully.
Heidi Janz
Edmonton

Letters to the Editor - Edmonton Journal (May 23)

A letter to the Edmonton Journal from one of our members.

Patronizing and bullying

Edmonton JournalPublished: Friday, May 23

Re: "Dispute rages at housing co-operative," May 21 Under ordinary circumstances, the notion of a "patronizing bully" would be considered an oxymoron. But then the bitter labour dispute that's been playing out between striking health-care aides represented by the Alberta Union of Provincial Employees and their employer,

Supports for Artspace Independent Living, a userrun, not-for-profit homecare provider for people with disabilities who live in Artspace Co-op, can by no means be considered ordinary circumstances.

AUPE is insinuating that SAIL is being reckless with its hapless clients' money, when that money actually comes from Alberta Health Services. Why is the union picking on SAIL while letting the colossus that is AHS off scot-free?

As a person with disabilities who also requires home-care services, I am utterly appalled at AUPE's consistently patronizing portrayal of people with disabilities as pathetic pawns. AUPE is really going after the people with disabilities who both run and receive home care through SAIL, thus jeopardizing their continued independence.

A patronizing bully is still a bully.

Letter to the Edmonton Journal

A letter to the editor, published in the Edmonton Journal, by one of our more famous members.

A thing to keep in mind when reading this is that he typed it with his nose.

Strike akin to personal attack

Ken Thomas, Edmonton Journal Published: Thursday, May 22

Re: "Dispute rages at housing co-operative," May 21

The noisy AUPE strike is a personal attack against me and the other 188 able-bodied and disabled individuals who live in private residences at Artspace Housing Cooperative.

Of the 88 apartment suites/condos at Artspace, 29 are wheelchair-accessible. For 23 years, I have been living in one of the accessible units because I have cerebral palsy.

In 1991, a group of us with physical disabilities pooled our resources so we could receive home care from a small, non-profit, on-site service called SAIL (Supports for Artspace Independent Living Inc.).

On May 7, the newly unionized SAIL health-care aides went on strike with AUPE demanding an increase in benefits and a 15.6-per-cent wage hike. SAIL's funding has not been finalized, so how can AUPE expect the employer to commit to a specific wage? The picketers are chanting, yelling and detaining Artspace members and replacement workers as they come and go, and I have videotape to prove it. Shame on AUPE.

AUPE actually took the time to send a response letter to the editor, portraying Ken as agressive and attacking them.  The incident they descibe involved Ken coming to the rescue of the replacement workers as they and the vehicle they were in were being mobbed by the picketers again.

Causing pain - an incident report, and resulting letters to the editor

And incident report/impact statement from a member.

May 16, 2014
This morning, I drove my daughter to work, leaving just before 6am, and there was hardly anyone around.  When I got back, strikers were gathered by their rented van, where the good stairs are, so I took the wonky stairs to avoid them, but that was it.

My husband, thinking they would not be out in full force based on the "newsletter" in our Artspace mailbox, asked me to drive him to work.  When we got outside, the strikers were at the parking lot driveway again.  Today was another cane day for him and he was visibly having trouble moving.  Just to make sure there was no doubt, I hung up P____'s temporary disabled parking placard.

Note:  Before the strike started, AUPE began leaving propaganda in our mailboxes (each unit has its own mailbox for internal messages, etc., not for Canada Post mail).  The "newsletter" references above was somehow left in all our mailboxes, even though AUPE members were not allowed to go onto private property.  We are still not sure if they found someone in Artspace to deliver these for them, or if someone from AUPE trespassed to deliver them.  Either way, this is not something they are supposed to be able to do.

After I got out of our parking spot, they all stood in the entry, blocking us.  Most simply stood with their backs to us.  There was one person who was moving around in front of them and could see behind me, pointing out the red SUV at one point.  In my rear view mirror, I could see the red SUV moving around and was then gone.  I am guessing the driver didn't bother coming over, since we were being blocked.

After giving them 4 minutes, P___ got out of the van and walked to the bus stop.  I went back into my parking spot.  The strikers watched P___ leave, but didn't move around much.
As I finished parking, the red SUV came over and was blocked, so it was right behind our van.  As we had been keeping track of the time ourselves, I know it was about 7:25am.

About 10-15 minutes later, I went to look out our 2nd floor window and saw the SUV was still being blocked.  I could also see some of our members being interviewed by the media in front of the main doors.  After 20 minutes, Ken T and someone who's name I don't know (also in a wheelchair) came over and cleared the driveway of strikers for the SUV to finally pass.  Who knows how much longer the vehicle would have been kept there, had they not taken action.
About the only positive thing I can point out is that they were finally quiet.  They were no longer shouting insults at the SUV nor trying to engage us when we don't want them to.  I am still quite angry that my husband is having to deal with more pain and discomfort because they are blocking me from taking him to work.  

Note: the media's presence meant, of course, that the picketers were "behaving" for the cameras.  After this incident, a letter to the editor from Ken was published in the Edmonton Journal.

Strike akin to personal attack
Re: “Dispute rages at housing co-operative,” May 21
The noisy AUPE strike is a personal attack against me and the other 188 able-bodied and disabled individuals who live in private residences at Artspace Housing Co-operative.
Of the 88 apartment suites/condos at Artspace, 29 are wheelchair-accessible. For 23 years, I have been living in one of the accessible units because I have cerebral palsy.
In 1991, a group of us with physical disabilities pooled our resources so we could receive home care from a small, non-profit, on-site service called SAIL (Supports for Artspace Independent Living Inc.).
On May 7, the newly unionized SAIL health-care aides went on strike with AUPE demanding an increase in benefits and a 15.6-per-cent wage hike. SAIL’s funding has not been finalized, so how can AUPE expect the employer to commit to a specific wage? The picketers are chanting, yelling and detaining Artspace members and replacement workers as they come and go, and I have videotape to prove it. Shame on AUPE.
Ken Thomas, Edmonton

In response, AUPE sent a letter to the editor, where they strove to besmirch Ken's reputation.

Re: “Strike akin to personal attack,” Letters, Ken Thomas, May 22
It is unfortunate that Ken Thomas suggests health-care aides are personally attacking him and other Artspace Co-op residents. The employees are doing nothing more than exercising their legal right to picket their employer, Supports for Artspace Independent Living (SAIL), which locked them out over a wage dispute.
On several occasions, Mr. Thomas has been confrontational, pushing SAIL staff away from the entrance to Artspace or intervening when they exercise their right to speak with media. We have photos and video of that, too.
But those personal altercations confuse the real issues: SAIL’s health-care aides are currently paid a top rate of $19.50 an hour, no matter how long they have been employed. Many have gone years without a wage increase of any kind and they receive no sick leave provisions.
We understand that Alberta Health Services has assessed SAIL’s clients and reduced the total number of care hours allotted. It appears the staff we represent, and the residents they provide care for, have been drawn into what is essentially a funding dispute between SAIL and AHS.
Residents ought to ask hard questions of the SAIL board and AHS.
Mark Wells, AUPE spokesperson

Mr. Wells doesn't try to argue against Ken's claims to personal attacks; he defends them as "nothing more than exercising their legal right to picket their employer..." while ignoring the fact that they are picketing our homes, not SAIL.  He then dismisses these "personal altercations", and tries to deflect responsibility for their abusive behavior by trying to put the blame on the SAIL board and AHS.  He also admits it's about funding and, since SAIL has no control over the funding, their battle is actually with AHS, not SAIL or Artspace.

The bigger issue at hand, Mr. Wells, is AUPE picketer behavior at Artspace, not SAIL or AHS.

I would like to also point out something rather remarkable.

Look at the dates of the above letters.

Ken's letter was published on May 21.  I don't know when he sent it in, but I do know it can take more than a week before the Journal has finally published letters sent to them about this strike.

AUPE's response, however, was posted the next day.

Think about that a moment.

AUPE noted Ken's letter on the 21st, wrote a response, sent it in to the Journal, and the Journal published it, all before press time for the 22nd.

Which goes a long way to show just where the Edmonton Journal's sympathies lie.