Kushner - Articles

The Waterloo Region Crown Office Appeals a Kitchener Man’s
DUI Charges Based on the Readback Provision

By Bobby Kushner / September 23, 2025

KITCHENER, ONT. -- A 52-year-old Kitchener man sat in January 2025 in the Waterloo Region Courthouse and waited for Justice Dominique Kennedy to read his verdict on the 52-year-old’s two DUI, driving under the influence, charges.

The accused mechanical engineer hoped to hear not guilty on all charges!

After a seven-day trial, Justice Kennedy read his verdict to the accused: not guilty on all charges.

However, the Waterloo Region lead Crown, Alanna Fedak-Tarnopolsky appealed the Justice’s ruling based on the Readback provision in the Criminal Code.

The accused’s lead counsel, Gloria Ichim said, “The Crown pursued a clear care-and-control case against my client and only presented evidence for that case. Nothing about my client driving intoxicated earlier in the day, which the Crown never presented evidence for at trial.”

The Criminal Code’s Care And Control provision bars any intoxicated person from occupying the vehicle’s driver seat or operating its controls: the vehicle’s gearshifter, ignition and steering wheel.

The accused’s co-counsel, Emmanuel Wingate, said, “If the Crown filed a Readback application at trial, the court would have sent us – the defence – a Notice To Call, which the court never did.”

A Notice to Call, a court notice directing the defence to call its experts to test the accuracy of the police’s physical evidence -- the accused’s second breathe and blood sample from police – and examine if the police followed the proper procedures when collecting and handling that evidence.

Ichim’s appellate response outlines the case this way:

The accused entered a Kitchener restaurant while waiting for a friend.

The accused then drank spirits as he continued to wait for his friend.
After the accused’s friend left the restaurant, the accused entered his vehicle, urinated in a bottle, phoned his wife for a ride home then returned to the restaurant and consumed more spirits.
The patron then phoned police about an intoxicated patron entering his vehicle.
When the accused’s wife arrived to collect her husband, the police also arrived then charged the accused in April 2023 for Impaired Operation and Over 80.
At trial, the Crown pursued a care-and-control case against the accused. A case based on the accused occupying the vehicle’s driver seat or operating its controls while intoxicated.
Justice Kennedy ruled in January 2025 the accused not guilty on both charges.
Waterloo Region lead Crown, Alanna Fedak-Tarnopolsky appealed in September 2025 the Justice’s ruling and asserted, The accused drove while intoxicated to the restaurant.
Ichim said, "My top concern, the Crown never presented any evidence or testimony showing the accused drove intoxicated to the restaurant nor served us a Notice To Call to challenge the Crown’s Readback application because the Crown never filed that application at trial.

"Meaning, the Crown's appeal violates the accused's Charter rights to challenge the Crown's new position, which wasn't presented at trial, and examine the accuracy of the police's physical evidence.

"So the Crown filed this appeal to uphold the Bell precedent, and nothing more!"

To find out more about this appeal, contact Gloria Ichim at gichim4@gmail.com or (519) 772-7626

Ichim Law, a family, criminal, immigration and estate law firm in Kitchener, Ontario, Canada.

To visit ichim's website, click ichimlaw.com

Gloria Ichim, Ichim Law

Ontario Court of Appeal Interior

Ontario Court of Appeal Exterior

Canadian Patients Experience Increased Wait Times
for Treatments and Surgeries

By Bobby Kushner / April 1, 2024

KITCHENER, ONT. -- A 55-year-old Hanover, Ontario resident points his finger at the asphalt on highway 4 because he struggles to see the passing vehicles on the highway, though the evening sun illuminates the road.

"Whenever any amount of light directly hits my eyes, I can't see anything," the 55-year-old says. "especially reflective light at night."

The cataracts of the 55-year-old John Gilroy have obfuscated his vision for a few years.

"I’ve been on the OHIP wait list for cataract surgery for over two-years now," Gilroy says. "If I don’t get the surgery soon, I’ll need to quit my job because I can’t drive or work when my eyes are deteriorating like this."

John Gilroy’s wait-list crisis resembles 78% of Canadian patients, a 2022 Fraser Institute study finds.

"Excessively long wait times remain a characteristic of Canada’s health-care system," says Mackenzie Moir, a Fraser Institute policy analyst.

"And yes, the long wait times decreased the quality of life and work productivity and increased unemployment, and in the worst cases, disability or death.

"For most Canadian patients wait for treatments and surgeries about two years and, sometimes, four years."

The provinces and territories together call the federal government to provide them a $28 billion annual increase, so they better contend with the staffing shortages. The federal government agrees to the funding increase if the provinces and territories compose a plan for expanding the health-care workforce and improving data sharing among the provinces and territories.

The director of the Manitoba Health Coalition, Thomas Linner says, "We need to staff up and share data in a more timely manner across all provinces and territories, so all Canadian health-care providers and facilities make more informed decisions more quickly, and so all patients benefit across Canada. . . . I think the federal government’s starting to realize this."

Hoping to receive a date for his cataract surgery, John Gilroy phoned the office of his ophthalmologist. However, the office provided him no upcoming date for his surgery, so Gilroy still remains on the wait list.

A Bus Driver Makes Efforts to Lift the Spirits of His Passengers

By Bobby Kushner / September 3, 2002

DETROIT, MICH. -- The rumble of Burton Cummings' baritone voice shakes the windows of the bus.

The bus driver dons a toque, from the Canadian band The Guess Who, and smiles.

David Murphy, a Wayne State University Law School bus driver and Canadian boxer, enjoys doing something extra to lift the spirits of his passengers

A passenger of Murphy's recalls Murphy handing out every Friday Canadian Eat-More candy bars to every passenger.

"A little effort to make others smile in this cruel world goes along ways," Murphy says.

Murphy also tries never to play the same CD twice in one day.

"I always take music requests from my passengers, but I'm always partial to anything Burton Cummings or The Guess Who," Murphy says as he tears open the wrapper for an Eat-More candy bar.

David Murphy began driving buses for Wayne State University Law School when he started in January 2002 his boxing training camp at the Kronk Gym and needed extra money.

He plans to keep driving buses for the law school until his training camp ends or until he jokingly finds a wife.

"Who knows!" Murphy chuckles. "Maybe oneday, my future bride will board my bus."

A Boy Holds Hostage a Detroit Police Officer with a Toy Gun

By Bobby Kushner / August 23, 2002

DETROIT, MICH. -- Detroit Police Officer Kevin Price felt the barrel of a gun pressed against the back of his head while he refueled his police vehicle at a gas station.

“Hands up before I shoot!” a voice said from behind Price.

“I never saw who it was or knew what was happening,” Price says. "but felt that I likely won't walk away from this."

Price then wrestled the suspect to the ground and handcuffed him. However, the suspect was a 10-year-old boy and the gun a replica toy gun.

“It looked like a Smith & Wesson pistol to me. But it was thankfully a metal-cap gun,” Price said.

The 10-year-old boy was charged with assaulting a police officer with a weapon and held with no bail.

High-risk Behaviors Linked to Attention Deficit Disorder

By Bobby Kushner / November 25, 2016

GUELPH, ONT. -- Feeling overwhelmed by ever-growing responsibilities at home, sudden changes at work and lack of sleep – Thomas Johnston destroyed everything in his Minto, Ontario home.

When police arrived at his residence, he looked at his wife.

“I want the police to kill me,” Johnston said before grabbing a replica gun, charging out the door and pointing it at police.

Thomas Johnston, 45, was arrested then taken to a psychiatric hospital in Guelph.

“When overwhelmed, I have sometimes reacted this way since a 12-year-old boy,” Johnston says.

A growing number of people, admitted to psychiatric hospitals for high-risk behaviors, are being diagnosed with attention deficit disorder (ADD) instead of schizophrenia or bipolar disorder.

“When someone’s not hearing voices, doesn’t have racing thoughts and isn’t awake for days – a more logical explanation for these behaviors is ADD,” Dr. Shuang Xu says, a psychiatrist at Homewood Health Centre. “especially if these individuals struggled with impulsive behaviors since childhood.”

According to information from the Canadian Mental Health Association, impulsive behaviours begin in childhood for ADD patients and adulthood for schizophrenic and bipolar disorder ones.

Dr. Xu explained, ADD is often difficult to diagnose in adults because most patients aren’t forthcoming about their struggle with impulsive behaviors during childhood.

“This is frequently why many adults with ADD are misdiagnosed as being bipolar or schizophrenic,” Dr. Xu says.

“Uncontrolled anger, mood shifts and other impulsive behaviors are also key traits in biopolar disorder and schizophrenia, not just ADD.”

Johnston currently copes with his disorder by attending dialectical behavioral therapy (DBT) and cognitive behavioral therapy (CBT) programs at Homewood Health Centre.

He also takes Concerta, a stimulant used for treating ADD.

“An uncle of mine told me. I’ll live a hard life,” Johnston says. “if I continue destroying the things I’ve worked very hard to get when overwhelmed.”

THERAPY OPTIONS Two therapy options for ADD individuals wanting to better manage stressful life events

MEDICATION OPTIONS Five medication options for ADD individuals lacking norepinephrine in the body

Nonstimulant Form

Stimulant Form

Affordable Shelter Units for the Homeless and Refugees

By Bobby Kushner / June 17, 2018

GUELPH, ONT. -- Two companies manufacture affordable shelter units for the homeless and refugees.

1. InterShelter Inc sells a basic-model Intershelter unit for $7,500

Don Kubley, the founder of InterShelter, began retailing the geodesic dome in efforts to provide housing for homeless-military veterans.

Kubley bought the rights to the dome’s design from Craig Chamberlain, an architect who recreated the shelter from an invention by Buckminister Fuller.

The basic-model InterShelter unit spans 154-square-feet and stands nine-feet.

The 21-piece unit takes two hours to assemble. Each piece weighs 53 pounds and fits into the back of most pickup trucks.

The pieces are made of aerospace plastic, which lasts 30 years, never discolors and withstands temperatures of -70 and +120.

The unit allows for the addition of extra living spaces when combined with other units.

> Click here to learn more about Don Kubley's InterShelter unit

2. Reaction Inc sells the basic-model Exo unit for $5,000

Michael McDaniel, the founder of Reaction Inc, designed the Exo unit after observing the government’s inadequate housing plans for the displaced people in New Orleans following Hurricane Katrina.

The basic-model Exo unit spans 72-square-feet and stands nine-feet.

The two-piece unit takes five minutes to assemble. Each piece is made of fire-resistant plastic, which lasts 10 years.

All basic-model Exo units come with these features:

fold out beds, desks and shelves
electrical outlets
circuit breakers
interior lights
recessed fans for heating, cooling and ventilation
a digital door lock
and a smoke alarm

> Click here to learn more about Michael McDaniel's Exo unit

Chen Si Thwarts Over 300 Suicide Attempts

By Bobby Kushner / December 3, 2016

GUELPH, ONT. -- Chen Si has stopped more than 300 individuals from throwing themselves over the Nanjing Yangtze River Bridge, a widely known suicide site in China.

Since 2004, Si devotes his weekends to patrolling the bridge ready to help anyone in distress.

According to a story by Louisa Lim, Si offers those whom he saves a place to stay in his two bedroom apartment.

"When I save people, I don’t want to just cheat them into living another day,” Si told Lim.

Louisa Lim’s NPR feature story “Samaritan Patrols Bridge for China’s Lost Souls” tells more about Chen Si’s efforts in helping those in distress.

> Read Louisa Lim’s NPR feature story about Chen Si by clicking here

The First Nation of Nacho Nyak Dun and 10 Defendants Face a Lawsuit for Assaults, Hate Crimes, Frauds and Criminal Harassments

FOR RELEASE SEPTEMBER 14, 2025
By Bobby Kushner / September 8, 2025

MAYO, YUKON -- A racist First Nation of Nacho Nyak Dun heritage manager and finance director engaged in assaults and hate crimes against a mixed-race Israeli, Ojibwa and African employee of the First Nation because the employee refused to be treated as a second-class citizen by those employees of the First Nation.

A prejudice First Nation of Nacho Nyak Dun governance director, councillor and social-media assistant also engaged in the same against the same mixed-race employee of the First Nation.

The First Nation of Nacho Nyak Dun promotes violence, discrimination and hate crimes against races outside of the First Nation and views deviating from its extremist-liberal politics, and the Yukon First Nation now faces civil litigation for it October 31 at the Yukon Supreme Court in Whitehorse, Yukon.

"The attacks from FNNND employees often start as racial slurs like interloper, nigger, kike and southern squaw then progress to the employees sabotaging our work and directing FNNND citizens to accost and assault us for being outsiders,” a former First Nation of Nacho Nyak Dun employee said.

"It’s also clear this First Nation still struggles not because of residential schools and past discrimination but because of the blatant theft of funds and criminal activity from its administrators, so FNNND’s incompetence isn't circumstantial but intentional because of its criminal activity and corruption, similar to many third-world countries.”

A former RCMP commander and First Nation of Nacho Nyak justice and governance director, Robert Gillan said, “The Yukon First Nations are so damaged from residential schools that they can’t be held accountable for their corruption, racism and criminal activity.”

“I agree,” the First Nation of Nacho Nyak Dun executive director, McGarry Selbee said. “Employees coming to the First Nation as outsiders need to grow a thicker skin and tolerate some deserved prejudice for past wrongs done to this First Nation by our colonist ancestors.”

The Yukon statement of claim lists 10 First Nation of Nacho Nyak Dun employees as defendants:

- Teresa Samson, a First Nation of Nacho Nyak Dun heritage manager
- Adrienne Hill, a First Nation of Nacho Nyak Dun finance director
- Eileen Peter, a Yukon Soaps Company and First Nation of Nacho Nyak Dun social-media assistant

- Karen Clark-Marlow, a First Nation of Nacho Nyak Dun human-resource director
- Robert Gillan, a former First Nation of Nacho Nyak Dun justice-governance director
- Geri-Lee Buyck, a First Nation of Nacho Nyak Dun councillor

- McGarry Selbee, a First Nation of Nacho Nyak Dun executive director
- Ronalda Moses, a First Nation of Nacho Nyak Dun human-resource technician
- Peter Idoko, a former First Nation of Nacho Nyak Dun information-technology manager
- Joella Hogan, the owner of the Yukon Soaps Company and a First Nation of Nacho Nyak Dun contractor

Click below for the plaintiff's claim and evidence file and the defendants' defence and other affidavits.

Related News

A First Nation of Nacho Nyak Dun Heritage Manager Pleads Guilty to Breach of Trust and Fraud

By Bobby Kushner / September 12, 2025

WHITEHORSE, YUKON -- Teresa Samson, a First Nation of Nacho Nyak Dun heritage manager, pleads guilty to the charges after the Mayo RCMP arrested Samson for bilking $9 thousand from the Village of Mayo Ambulance Service to fund her hedonistic lifestyle.

> Click here for CBC's coverage of Samson's court case

To learn more about the upcoming October 31, 2025 hearing at the Yukon Supreme Court, contact Bobby Kushner at kushnerbobby@gmail.com or (226) 220 - 4961