.
Search
 Email this articleE-mail this story  Discuss this articleWrite letter to editor  Discuss this articleOrder a classified ad  Print this page

Death before dishonour

Darrell Greer
Northern News Services

Chesterfield Inlet (Mar 29/06) - A former teacher in Chesterfield Inlet has vowed to take death over dishonour in a dispute with the territorial government.

Francis Mazhero began a hunger strike on Feb. 16, drinking only water and orange juice.

History of litigation

Francis Mazhero has filed at least three lawsuits over the past few years:

2003 - Mazhero filed a $2.6 million wrongful dismissal lawsuit in the Nunavut Court of Justice against the government and teachers federation. That case stalled in November 2003 when the court ordered Mazhero pay $3,383.73 in costs on two outstanding cases, post a $2,500 security to cover any possible future costs and refile documents with the court.

2004 - Federal Court lawsuit accuses RCMP of false arrest and violating his constitutional rights. In November 2003, he was arrested outside the education department office in Iqaluit where he said he would wait all night to get a meeting with a department official. Police say he was in danger of freezing to death.

November 2005 - the Federal Court dismissed a lawsuit Mazhero filed against Justice Beverly Browne of the Nunavut Court of Justice, Justice J. Edward Richard of the Nunavut Court of Appeal and a Supreme Court of Canada registry official.




On March 16, he changed to water and gastrolyte, which he said is all he will take until he receives justice from the Nunavut government or dies.

Based on data from hunger strikers in the past, Mazhero has about 25 days to live on his current diet.

Mazhero said he lost his job at Victor Sammurtok school in 2002 over unfounded allegations of sexual misconduct.

He said the 14-year-old girl who made the allegation later recanted her accusations and the family wrote a letter of apology to him.

Since then, Mazhero has waged a long and bitter legal battle against the government and the Federation of Nunavut Teachers (FNT).

His $2.6-million lawsuit named the Nunavut government, FNT, former executive director of Kivalliq Student Operations Chris Purse and others as defendants.

A second lawsuit was filed against the lawyers hired by the FNT to defend Mazhero, as well as an arbitrator named to the matter.

When all was said and done, Mazhero filed five separate statements of claim with the courts.

But all the legal action in the Nunavut Court of Justice stalled nearly three years ago after the court ordered he pay $3,400 in costs and post $2,500 security for any future costs.

Mazhero said his family is very upset over the situation. "My wife is devastated and I have two sons and a daughter," said Mazhero.

"My sons are attending college in Montreal, but my 10-year-old daughter is here in Chester with us.

"I couldn’t possibly describe what my family is going through, but my wife stands by me and has been my rock throughout this ordeal."

Mazhero said he has never received any form of documentation from the Nunavut government concerning his dismissal.

He said there has never been an arbitration hearing (the hearing was postponed indefinitely by the arbitrator) and he never got his proper day in court.

"They didn’t address the victim of this miscarriage of justice. How would anyone take that?"

The Department of Health’s executive director for the Kivalliq region, Norman Hatlevik, said there is no legislation or statute that would support the department’s intervention in Mazhero’s hunger strike unless it became a medical necessity.

"We always attempt to offer assistance, but, by virtue of patient confidentiality, we can’t say whether we have," said Hatlevik. "We also monitor situations as best as we can, but Mr. Mazhero is not in our care."

Mazhero said he would provide medical proof to anyone doubting his sincerity concerning the hunger strike.

He said the strike is a last resort because he has run out of options. He threatened a hunger strike in 2004 when education officials refused to meet with him in Iqaluit.

"I wouldn’t use a hunger strike as a gimmick. They will have my blood on their hands."

Mazhero said he has paid dearly for the young girl’s wrongful accusation in 2002 and wants his name cleared so he and his family can get on with their lives.

"What kind of a life should one lead without basic human rights in a country that purports itself to be governed by the rule of law?

"What other lawful resources does a person in my situation have?

"The Charter of Rights and Freedoms - which, apparently, doesn't extend to me - protects the right to life, liberty and security."

Mazhero's wife, Sarah, head nurse at the Chester nursing station said it’s difficult to see her husband in this position.

"I'm terribly concerned for Francis and I can’t describe what I’m feeling about all this," said Sarah.

"I can’t comment on whether I think he's doing the right thing because it’s a personal issue to him.

"I'm in a precarious position as an employee of the Nunavut government. As much as I feel for my husband, I also have a family to look after."

Education Minister Ed Picco was travelling this past week and could not be reached for comment. The RCMP would not respond to requests for comment from the Kivalliq News.