When Kevin Galalae uncovered a secret spying program aimed at University students in the UK, he did not expect his life to blow up.
He did not expect to be bankrupted, locked out of his home or for his children to be ripped from his side. Nor did Galalae, a Romanian born professional writer who had been living in Canada since 1985, expect to become the target of multiple arrests by the Canadian authorities.
Six arrests in two years, to be exact. And now, two months after the most recent charges against him were stayed by a Canadian court, Galalae is facing yet another potential arrest.
Galalae’s saga began in 2009, when he enrolled in an online political philosophy course at Oxford University, in preparation for a Master’s course into which he had been accepted by the University of Leicester. When he found himself censored and subsequently removed from the course, he began to investigate why.
That is when Kevin Galalae uncovered that he had been targeted by a covert program of censorship and surveillance, SAC, which had been operating in Britain since 2007. SAC, he soon learned, is part of a wider counter terrorism program called CONTEST.
Dismayed that he had been caught in a net intended to ferret out terrorists, Galalae subsequently sued the UK at the European Court of Human Rights. His lawsuit was lodged in March of 2011 and in April he flew to Strasbourg, France, to commence a month-long hunger strike at the Council of Europe in order to compel European politicians to condemn SAC and to compensate all students who had been so targeted.
Called back to Canada by pleas from his wife, Cindy, Galalae found that his wife, alarmed by his activism, had taken the children and fled to her parents’ home. She had also locked him out of their mutual bank account.
When Galalae showed up at Cindy Marshall’s parents’ home, looking for his family, he was met by a plainclothes police officer who informed him that he was “trespassing.” Galalae was subsequently taken to a hospital for a psychiatric evaluation. After three days, the doctor refused to hold him any longer and the police then showed up and arrested him on charges of “harassment” for his efforts to see his two children.
It is now two years and multiple arrests later. The Oslo Times ran a comprehensive article in May of 2012, detailing many of the intervening arrests and charges against Galalae. On advice of his lawyer, David Sinnett, Galalae pled guilty to the initial harassment charge and also to a charge of taking his wife’s emails, which he had taken to use as evidence of his innocence. Galalae fought all subsequent charges, none of which have resulted in sentencing or a guilty charge. Galalae’s longest period of detention was nine months, when he was held in Quinte Detention Center from December 2012 to September of this year. All charges against him were stayed due to the Crown failing to provide disclosure.
On September 4, 2013, the very day that the criminal court judge stayed Counts 1-8 against Galalae (the remainder of the counts were stayed on September 11), Crown Attorney Elisabeth Foxton filed further papers with the court alleging a recognizance violation which had taken place in November of 2011. The alleged recognizance violation refers to failure to reside at a reported residence during prosecution for charges, all of which were subsequently stayed. Of grave concern is that while the Criminal Court insists that there are no further matters concerning Kevin Galalae on the record, the Superior Court, where his recognizance violation will be heard, insists that only the first batch of Counts were stayed and that the other counts are still pending.
But this dissonance in court records is only a portion of the bizarre paper trail in this case. Evidence reviewed by this reporter includes apparently falsified police reports, finessed psychiatric records which attempt to create a file for non-existent treatment of illusory depression and records indicating repeated police fumbling as Detective Diane McCarthy and Constable Rob Lalonde attempt to tweak records in such a clumsy manner that the only reality that emerges is the over eagerness of the Kingston police to find an excuse, any excuse, to jail Kevin Galalae.
In addition, this reporter has reviewed correspondence between Galalae and the attorneys who were pledged to represent him revealing that said attorneys were at some juncture bound by the Crown from giving disclosure to their own client. One must ask how an attorney can represent a client when constrained from discussing the evidence with him.
On November 27, Galalae will appear in Kingston Superior court concerning this two year old recognizance violation on charges which have already been adjudicated. He has appealed to the OIPRD, which is the equivalent of Internal Affairs, to review the Kingston police’s actions in his matter.
States Galalae: “The rule of law no longer exists in Canada.” He reports thinking of his children, whom he has not seen in over two years, every single day. Writes Galalae:
To force me into submission the Canadian authorities have taken my children away and are holding them hostage until such time as I acquiesce to global autocracy. They have accomplished this with the full assistance of my wife and her family, who have sacrificed me and my children to keep their social positions. But I will never submit. I will fight until my last breath to free my children and the world from the double yoke of political oppression and economic exploitation, which is all that remains of the so-called free world, a far more pitiful state of affairs than the communist world I was born in and left behind.
Janet Phelan is an investigative journalist whose articles have appeared in the Los Angeles Times, The San Bernardino County Sentinel, The Santa Monica Daily Press, The Long Beach Press Telegram, Oui Magazine and other regional and national publications. Janet specializes in issues pertaining to legal corruption and addresses the heated subject of adult conservatorship, revealing shocking information about the relationships between courts and shady financial consultants. She also covers issues relating to international bioweapons treaties. Her poetry has been published in Gambit, Libera, Applezaba Review, Nausea One and other magazines. Her first book, The Hitler Poems, was published in 2005. She currently resides abroad. You may browse through her articles (and poetry) at janetphelan.com