Wednesday 27 April 2016

NOTICE OF MOTION TO REQUEST AN ORAL HEARING




                                                                                                                  Court File No. A-48-16

FEDERAL COURT OF APPEAL

BETWEEN:                     
DAVID RAYMOND AMOS

                                                                                                     Appellant/Moving Party

and

HER MAJESTY THE QUEEN

                                                                                                     Respondent/Responding Party



NOTICE OF MOTION TO REQUEST AN ORAL HEARING


              TAKE NOTICE THAT the Plaintiff/Appellant, DAVID RAYMON AMOS will make a motion to the Court at Fredericton, NB. on Thursday, April 28, 2016 at 12:30 P.M. or as soon thereafter as the motion can be heard, at Fredericton, NB.
THE MOTION IS FOR:
1.      To request that the Justices of the Federal Court of Appeal notify William Brooks (Brooks), the Commissioner of Federal Judicial Affairs and Bob Paulson (Paulson), the Commissioner of the Royal Canadian Mounted Police (RCMP), that they should finally uphold the law and the mandates of their offices before HER MAJESTY THE QUEEN (CROWN) is subject to lawsuits in the United States of America (USA) and Canada. The actions in the Federal Court (File no. T-1557-15) by William Pentney QC,  the Deputy Attorney General of Canada, Prothonotary Richard Morneau and Justice Richard Southcott have caused the CROWN to lose the right to claim sovereign immunity in the USA  in defense of certain actions that the Amos Clan plans to put before courts of law in the USA and Canada.
2.      On December 14, 2015 Justice Richard Bell after studying the evidence properly filed in the public record and discussing the issues with the Plaintiff/Appellant and the CROWN counsel delivered his Order orally from the Bench recusing himself and referred to de Grandpré’s dissenting judgment in Committee for Justice and Liberty et al v National Energy Board et al, [1978] 1 SCR 369 at p 394 for the applicable test regarding allegations of bias. The CROWN cannot deny the Plaintiff/Appellant had filed irrefutable evidence of his concerns about financial crimes and a true copy of an American police surveillance wiretap tape.
3.      Since December 14th, 2015 the Plaintiff/Appellant has been in contact with the offices of the Attorney General of the USA (USDOJ) and the Federal Bureau of Investigation (FBI). They   have been made well aware that a true copy of an American police surveillance wiretap tape is on file in the public record of the Federal Court of Canada and of the recent judgment of the Supreme Court of Canada (SCC), Wakeling v United States of America, 2014 SCC 72. Officials with the USDOJ and the US Inspector General for Tax Administration are also well aware that some of their documents pertaining to the Plaintiff/Appellant concerns about their severe lack of integrity related to cross border taxation etc are also in the public record of the Federal Court of Canada and they have failed to respond as if they are relying on the Deputy Attorney General, William F. Pentney QC (Pentney to defend their unethical actions against the Plaintiff/Appellant in the USA that are ongoing to this very day .Whereas the Attorney General of General of Canada had the Attorney General of the USA for a client in Wakeling v United States of America, 2014 SCC 72. and it defended FATCA before the Federal Court of Canada in the Hillis et al v. Attorney General of Canada and the Minister of National Revenue [2015] FC 1082  matter and no one will respond the Plaintiff/Appellant’s concern, he has concluded that his suspicions of a continuing cover-up of his actions are valid.
4.      The Deputy Attorney General, William F. Pentney QC (Pentney) acting as the solicitor for the Defendant/ Respondent is not an infant or incompetent. He and the Crown attorneys working under him have refused to confer with the Plaintiff/Appellant about the existence of the copy of wiretap tape filed in the public record or discuss the content of the appeal book pursuant rule 343(1) until they were duly notified on March 5th, 2016 of the requirement of  the Plaintiff/Appellant to file a motion pursuant to rule 343(3) of the Federal Court Rules. However within an unsigned motion record filed in Federal Court on December 10th, 2015 on behalf of the CROWN William F. Pentney QC and his associates do admit to the existence of the wiretap tape properly filed in the public record of the matter. Pentney’s assistant Jill Chisholm has refused to discuss anything with the Plaintiff/Appellant either on the phone or in person or in writing. However she has witnessed the Plaintiff/Appellant discuss the evidence and the wiretap tapes with Justice Bell on December 14th, 2015 and Justice Southcott on January 11th, 2015. Jill Chisholm did not dispute the evidence as he displayed to the court that he had brought several original wiretaps to the court and that he was willing to play them for the court to listen to if the Justices doubted his sworn affidavit and his complaint clearly stating that he was in passion of many American wiretap tapes and that he had given many original tapes to the RCMP, the FBI and other Police Forces in the past. Although many wiretap tapes have been stolen from him in the past, the Plaintiff/Appellant still has in his possession in the USA and Canada many more that he may give to the Americans recorded on them in order that they may file lawsuits against the USDOJ etc..
5.      Since December 14th, 2015 the only responses the Plaintiff/Appellant has received from any law enforcement authority in Canada or the USA were verbal denials that they knew nothing of his concerns and snide suggestions that he file another lawsuit. The Plaintiff/Appellant truly believes that the law enforcement authorities planned on his matter before the Federal Court to continue to be dismissed. Since the day the Plaintiff/Appellant filed his appeal of Justice Southcott’s decision it appears that they are planning to make the Plaintiff/Appellant spend a great deal of money as they delay this appeal as long as possible.
THE GROUNDS FOR THIS MOTION TO REQUESTG AN ORAL HEARING ARE:

1.       The Plaintiff/Appellant, David Raymond Amos makes this motion pursuant to rule 35(1)(2)(a) of the Federal Court Rules which is as follows:
35 (1) Subject to rule 298 and paragraph 385(1) motions that can conveniently be heard at the General Sittings of the Federal Court may be made returnable accordingly.
  (2) A request may be made informally to the Judicial Administrator of the Federal Court of Appeal or the Federal Court, as the case may be, for an appointment of a special time and place
 (a) for sittings of the Federal Court of Appeal or of a judge of that court to hear a  motion;

2.        A portion of the mandate William Brooks the Commissioner of Federal Judicial Affairs id as follows:
   “In 1996, Federal Judicial Affairs (FJA) was given the responsibility by the Chief Justice of Canada and the Federal Minister of Justice to coordinate the involvement of the Canadian judiciary in international technical cooperation initiatives. The Commissioner for FJA thus represents the principal instrument of intervention in the international judicial arena on behalf of the federal government, the Minister of Justice and the Canadian Judicial Council, ensuring that their participation in international activities does not compromise judicial independence and impartiality.  The Commissioner is supported in the discharge of these responsibilities by the Judicial Advisory Committee on International Engagement.”
“Since its inception and with the professional contributions of members of the judicial community, judicial experts and Canadian institutional partners, the International Programs Division (IPD) has implemented numerous international judicial cooperation activities and coordinated the participation of Canadian experts to that end. IPD is guided by the Canadian Judicial Council Policy on International Judicial Activities.”

                                                                           ___________________________
  Dated                 , 2016                                    DAVID RAYMOND AMOS                            
                                                                           P.O. Box 234                                                       
                                                                           Apohaqui, NB E5P 3G2 

                                                                           Plaintiff/Appellant on his own behalf  







TO:             Administrator, Federal Court

AND TO:   WILLIAM F. PENTNEY
                    Deputy Attorney General of Canada
                    per: JAN JENSEN
                    Department of Justice
                    Suite 1400-Duke Tower
                    5251 Duke Street
                    Halifax, NS B3J 1P3

                    Counsel for the Defendant      



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