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diseases, must be stopped. Anonymous letters from hospitals
on behalf of
Immigration with same insinuations are unacceptable as well. I have
also received a receipt for
a blood test for syphilis, which I never did, from a Lab, where I never
went. I was also called by
two other laboratories, which pretend that I did tests for infectious
diseases, and this is not
true. All such provocation must be stopped immediately!
.
All 5 (or 6) documents must be evaluated to consider and answer my
complaint. Please,
answer all questions, which arise from the documents. I ask you to
respond to this complaint in
writing. However, another solution is just to consider my case as
"finished" with no further
demands. Will appreciate your cooperation.
Yours,
Lev GUNIN
November 30 2000
Chronology in GUNINS' case
November 1994 -
refugee claim
March 1997 -
refugee claim rejected.
(In the negative decision our refugee
claim description was severely
distorted; document includes such
direct and indirect statements as a)
nothing bad could happen in such a
beautiful country like Israel, b) people
who were taken to Israel for
Sochnut's expense are property of
Israel, c) people who refused to
change their believes and opinions
are guilty on persecutions themselves
because provoked them c) no
minimum of confidence). January
1998
- Federal Court closing our case on a
ridiculous ground of Immigration's "no
minimal confidence" ruling.
January 2000
- positive decision in response to our
humanitarian appeal.
March 2000 -
an interview lead to the Certificat de
selectione du Quebec issuing by
Quebec's Immigration
March 2000 -
bureaucratic humiliation and blatant
manipulation of medical data by
Federal Immigration starts to torpid
the completion of the case
Chronology in
Elisabetha GUNIN (Epstein's)
case:.1994 -
refugee claim + Wanda Brzezinska,
M.D. makes a false report (see Doc.
4b, 7a, 7b).
March 1997 -
refugee claim rejected.
January 1998
- Federal Court closing our case on a
ridiculous ground of Immigration's "no
minimal confidence" ruling.
November 1998 -
marriages a Canadian citizen
November 22 1999 -
my mother's marriage interview.
Nov. 23, Madame Helene ROY
replaces the initiative negative
decision, based on "medical
concerns" (dr. Brzezinska's rapport),
by a positive one.
January 2000 - Certificat de
selectione du Quebec was issued for
my mother.
January 2000, a ruling from IMS
ordering my mother additional tests:
strum creatinine (blood test) and
echocardiogram.
June 30, 2000 - IMS ridiculous
demand of a resume from "the last
visit to cardiologist".
July 27 2000
- rapport of Dr. Gordon Creenstein
(anatomy, not pathology) was
submitted to Immigration.
September 2000 -
another letter from IMS ordering
another urine test and then a visit to
an urologist.
September 19 2000 -
offensive letter from Immigration
officer. December 2000 -
IMS final negative decision confirming
the illegal prejudicial decision from
Nov. 99.
- DOCUMENT NUMBER TWO -
To Immigration's Canada Complaint Board
(faxes: (780) 632-8101 (514) 283-8237)
From Lev GUNIN (514-499-1294)
A COPY OF DOCUMENT SUBMITTED TO IMMIGRATION
ON MAY 15 2000
By this letter we ask Immigration's agent assigned to my file to make a
special ruling to order medical examinations for all members
of our family, not only for Alla GUNIN, my wife. As we know from our
legal advisers, this procedure is required for all family members
for the landed immigrant's status. If you insist that only my wife has
to do the medical examination, please, send us a written warrant.
We have a well-grounded suspicion that somebody might use the delay in
ordering the medical examination for all members of our
family for artificial sabotage of issuing us the landed immigrant's
status. We will appreciate your cooperation.
YOURS TRULY
Lev GUNIN
in name of family GUNIN
The 15 of May 2000
COPY - DOCUMENT NUMBER THREE -
To Immigration's Complaints Board
(faxes: (780) 632-8101 (514) 283-8237) December 1 2000
From Lev GUNIN (514-499-1294)
I disagree with the Immigration Medical Services decision "ev
7001-850497Z" (with date mentioned: November 23, 2000) from
Ottawa, received by me on November 29, 2000 (anonymous - no name or
signature). The goal of this ruling is not to establish the
medical truth but to put a hardship on my family (and me).
My arguments.
(See the decision's text - as it was red to me by dr. Giannakis - in
Document N4: on the bottom)
1. The decision ruled that Mr. Giannakis's respond should be submitted
before November 30, 2000. Why then the letter arrived only
on November 29? Does it mean that the date in the letter - "November
23" - was incorrect? Or the letter has not been sent in 2-3 days? Or - if it
is known that a letter from Ottawa to Montreal goes 5-6 days - why then I
was not given more time? I ask you to submit me an explanation what November
30 means and why not December 10 or January 15? I want to know how the agent
justified that particular date. Was that small misconduct planned in
advance?
2. The suggestion that somebody else went and did the x-ray instead of
me was another serious assault. That suggestion was made in ignorance of the
fact that on Clark Lab's official (original!) paper IMS (Immigration Medical
Service) officer could see my name, date of birth, telephone number, name of
the ordering physician, and the number of my medical card (which - everybody
knows - has my photo on it). Besides, it mentioned the "MILD PECTUS
EXCAVATUM", a cosmetic defect, which I have since birth. Besides, it is
known that the film itself has a negative image of the whole ID data! Then -
this ungrounded abuse was based on nothing and went far beyond any medical
or even legal matter.
3. The demand to send an original film from the November 14 x-ray in
the light of two above disputed demands might be ungrounded. This x-ray film
was already seen by 3 medical doctors: the radiologist at the Clark Lab, dr.
Jast (who referred me and evaluated the film), and dr. Giannakis. All three
came to a conclusion that there is NOTHING abnormal, not a slightest
possibility.
Both dr. Jast and Giannakis also examined me. The official conclusion
is NIL ACTIVE. Besides, it was informally evaluated by a chest specialist:
with the same conclusion. What else the IMS agent needs? I have a
well-grounded concern that 1) he/she will find a black spot even on the
whitest paper - because he/she is determined to; and 2) after he/she will
find "a black spot" the film will vanish, but not the IMS's "evaluation".
Immigration pretended already many times (dates, documents might be
provided) that lost our applications, medical data, etc.
4. It was an abuse to mention that "After overview if necessary
applicant may have to be referred to the chest specialist." It is a
prejudgment and prejudice. "...if necessary", "may" are just a form. It is a
very clear message that he/she will not let me alone! Why to speak about
next medical procedure before seeing the x-ray?
Lev GUNIN Dec. 01 2000
Copy - DOCUMENT NUMBER FIVE -
From Lev GUNIN ( 514-499-1294)
Document 5
LETTER TO THE MONTREAL CHEST INSTITUTE - A Copy -
(The letter was submitted on November 09 in respond to an anonymous
letter from the Montreal Chest Institute received on November 6 2000; below
you can find a modified version (November 12-14), which was submitted to the
same destination on November 15).
.
Lev GUNIN
address
telephone
From Lev GUNIN to anonymous person, author of the letter (the copy of
the letter is enclosed).
Montreal Chest Institute
3666 St-Urbain
Montreal, QUEBEC H2X 2P4
Sir or Lady! Please, forward this letter to an appropriate Immigration
department, which you mentioned on page 1 of your letter.
First of all, any suggestions that I could be infected by tuberculosis
were ridiculous. I had some other suggestions, but later a medical doctor I
spoke to - as well as my legal advisers - told me that the only answer of
what happened is that Immigration might just make a false report on my
x-ray. Besides, a x-ray could not determine whether or not any of such
shadow means tuberculosis, or simply any kind of pneumonia, bronchitis, or a
combination (see medical books). Any conclusions based on only one x-ray are
ridiculous, partial, and prejudicial. In modern time - when there are so
many flu infections accompanied by pneumonic consequences (side effects) -
such conclusions are a complete nonsense. It is obvious that your decision
to attach me to the Infectious Disease Unit (IDU) before you have a 100
percent proof of any tuberculosis infection and initiate an appropriate
legal procedure was a drastic misconduct. The only admissible way to handle
the situation was (before sending me to the Infectious Disease Unit)
1) to request a second opinion in existing x-ray
2) to send me a letter for my physician for another x-ray.
On November 14 I did another x-ray. It revealed that there is no any
suspicious shadow, no abnormalities - and (as my medical advisers told)
could not be 2 weeks before, especially tuberculosis-like shadows. Was my
x-ray photo (a negative) replaced by somebody else's or IMS (Immigration
Medical Services) just falsified the reading of my x-rays, - I do not know.
That all is a subject of a criminal investigation.
Because I am depressed, I did not notice that the Montreal Chest
Institute (MCI) belongs to Royal Victoria Hospital, an institution I had
several formal conflicts with. Somebody from the hospital's administration
used to submit me an offensive number of requests for donation to the
hospital even after I have sent a note that by then was on welfare. The
hospital's administration also did an attempt to extort money from me for
services, which were covered by Medicare. In that hospital I heard several
times that people like me are "illegal in Canada and should not be given
medical help "for the cost of Canadians". Then I was treated by negligence
at the emergency room, then - it was a medical misconduct over my CSST
claim. Dr. Evenson's M.D. (Royal Victoria) secretary played games with me,
actually denying an appointment from May till November 2000. A number of
legal and medical violations used to take place there. And in all such minor
incidents immigration matters or even Immigration itself were involved. One
of immigration specialists advised me not to turn to Royal Victoria because
that hospital is "enormously influenced by Immigration".
The fact that a page with a request for a donation to the Royal
Victoria Hospital was included into your letter was another outraged abuse.
Eventually it is possible that doctor Giannakis had sent me for x-ray
not to "La Cite" - as my mom and my wife, - or another medical institution
but to Montreal Chest Institute because he received an order (not a request
but an order, which he could not disobey as an Immigration representative)
from Immigration to do so.
By this letter I declare that I am considering your way of handling the
situation dangerously offensive and depriving me of my constitutional rights
because of the above mentioned as well as the next reasons:
FIRST, I will DISREGARD any anonymous letters like your present one
until a letter from you would be signed, addressed from a real person with
his/her clear name and telephone number.
SECOND, you have no legal rights to treat me as a contagious carrier
until an undeniable medical proof is established.
THIRD, by sending me to the IDU you may expose me to contacts with real
infected carriers.
FOURTH, you are not a police, Immigration, secret police or death
squads to a) act secretly-anonymously refusing to sign your letter,
b) to write me anything like "by Immigration law, you are requested
(...)". Since you are not immigration layers or Immigration officials, you
are forbidden to judge in a case like mine what Immigration law requires.
Such a statement in a case like mine must be submitted only directly from
Immigration. If you are part of Immigration (officially) - then my rights
were violated when I wasn't informed about that before doing the x-ray at
your unit.
FIFTH, my legal advisors, and me, we are confident that you have no
legal rights to deprive me of choosing between medical institutions for
medical tests or evaluation. You can not bring me to do a test or an
evaluation exclusively in your institution by a forceful order. This will
violate my basic human rigDocument 5hts. Even KGB had no official rights to
oblige anybody who was not an imprisoned suspect or convinced criminal to do
a medical evaluation without some sort of choice.
SIXTH, I would ask Immigration to allow me do another x-ray before
doing anything else.
SEVENTH, evaluating my case, some human rights activists think that
somebody at Immigration is so furious, so angry about me and that such an
outraged misconduct was demonstrated in my case that Immigration is
eventually ready to do any damage to my health through blood, e-ray tests or
sadistic bureaucratic humiliations.
EIGHTH, I think that the most realistic explanations of an eventual
abnormality, which could be seen on the x-ray picture, were:
1) eventual shadow from the underwear, which I did not remove from on
beneath of the hospital robe, and the robe itself, which I've putted on in a
wrong way
2) a dust spot or another kind of essence on the hospital robe
3) traces of somehow inhaled gas different from air
4) reading of a normal x-ray (with no abnormalities) was deliberately
falsified by IMS
NINTH, before doing the e-ray I received a strange call from
Immigration, through which I was accused of refusing a "medical treatment".
TENTH, your medical ethics should not allow you to send me to the IDU
before making your own medical conclusions (decision) based not on
Immigration's rapport but of your own evaluation of my x-ray test result.
ELEVENTH, my legal advisors have told me that I have rights to ask for
a possibility to discuss my x-ray result with any of your medical
institution specialists dedicated to such evaluations before going further.
It is you (on behalf of Immigration or not - it is does not matter) who are
sending me to Infectious Disease Unit. Because you are sending me to such a
unit, you can not deny me such a discussion. I would like to see the x-ray
original, which was made in your institution on November 1 2000 - and also
show Document
5it to my medical advisors.
TWELVETH, I prefer not to go through further tests or evaluations in
immigration matters (for medical purposes - it's different) at your
institution.
Yours truly,
Lev GUNIN
November 2000 Montreal
- Document Number Nine -
RESUME of my visit to Montreal Chest Institute on December 2 2000
OBJECT Of the Visit:
1) to receive an official result (medical resume-evaluation) of my
x-ray test done on November 1 2000
2) find out where is the original film and try to obtain it for making
a copy
REASONS:
November 23 2000. I have managed to find out who sent me the anonymous
letter (described in Documents 5, 1, 2, 3, 4, 6) from
Montreal Chest Institute (MCI). It was M-me Lucy Gefroy (Jefroi or
Joyfroid?). According to the same sources: she's never seen that x-ray. I
left her my message on 849-5211 (ex 2166). She called me at 2.15 p.m.
anonymously ("private call" indication) - and asked me what I want. She
confessed that she is M-me Lucy only when I told her that recognized her
voice comparing it to her answering machine message. That only could tell
about her insincerity and guilt. I spoke with her in French, but when I did
not know some medical terminology in French, and used English, she pretended
that does not speak English at all. However, when I switched to French
again, she started to speak bad English, which I could not understand. It
was difficult to get along with her, but finally I convinced her to speak
French again - and asked her a couple of questions.
Here they are:
- Did you see the x-ray?
- Yes, I did.
- What kind of a shadow did you see, mild? bright? what its form? On
the right or left side?
- I can not tell you.
- Where is this x-ray film now?
- I can not tell you.
- Is it at MCI?
- Immigration took it from us, and, I think, it was lost.
- What do you mean - lost?
- Vanished somewhere at Immigration.
- Can I obtain the result?
- Listen, your case here is closed. You don't have to come here. Not
any more. We disabled our previous letter's order. Bye.
She disconnected.
RESULTS of the visit.
At MCI's medical archive employers did not find any records about my
x-ray in the computer. They told me that a mistake might
occur - because if even I did the x-ray for Immigration, its data
(result, date, etc.) since November 1 had to be entered into the
registry.
Before I could enter room number 28 a small blond man appeared and
approached me as in espionage novels (how could he
react so quickly, who warned him during my descending from the second
to the first floor?) "You will receive nothing here. And you will be
prosecuted for refusing to see the doctor, - he shouted to me. "I was told
that my x-ray has vanished, and came to check, and also to obtain the
result". He became almost pale - so visually he was frightened, as if he
lost a million of dollars. He disappeared behind the gray door and soon came
out with an envelope (my name and photo on it) and signs of a deep relief.
"Here it is, - he told.
- You must visit a doctor because you have tuberculosis". "Are you
confident about TB you mentioned?" - "Yes, I am". - "I was told that my case
here is cancelled - and I don't have to appear". - "Nobody could tell you
that. You will be prosecuted for your refusal!" -
"Your conclusions about the x-ray was a mistake, Sir, and the film
reveals a technical defect or a shadow of underwear, which I did not remove.
Take a look - and let me see". - "It is possible. But the law says that you
must see a doctor anyway, if even this is our mistake". - "What law, what
paragraph? Then - I have a constitutional right to choose another
institution, not yours, to pay such a visit". Then he started screaming on
me: "You don't want to pay, ah? You don't want to donate to our hospital?
You cam