Court File No. A-48-16
FEDERAL COURT OF
APPEAL
BETWEEN:
DAVID RAYMOND AMOS
Plaintiff/Appellant
and
HER MAJESTY THE
QUEEN
Defendant/Respondent
PLAINTIFF/APPELLANT’S MOTION
RECORD
(In
support of the Plaintiff/Appellant’s motion for an order that a Judge be
assigned for case management of this file to resolve concerns about the content
of the appeal book, the manner in which it is to
be created and by whom under
Rules 343 (3) (4) (5),
344 (1) (2), 345
(1)(b) and 369 of the Federal Court Rules.)
DAVID RAYMOND AMOS WILLIAM F. PENTNEY Q.C.
P.O. Box 234 Deputy Attorney General of Canada
Apohaqui, NB per: JAN JENSEN
E5P 3G2 Department of Justice
Suite 1400, Duke Tower
5251 Duke Street
Halifax, NS B3J 1P3
Telephone No: (902) 800-0369 Telephone No: (902) 426-8177
Fax No: (506) 432-6089 Fax No: (902) 426-2329
Appellant on his own behalf Counsel for the Respondent
Index
DESCRIPTION
PAGE
Notice of Motion
2
Written Representations 4
Part I—Facts
4
Part II--Order Requested 7
Court File No. A-48-16
FEDERAL COURT OF
APPEAL
BETWEEN:
DAVID RAYMOND AMOS
Plaintiff/Appellant
and
HER MAJESTY THE
QUEEN
Defendant/Respondent
NOTICE OF MOTION
TAKE NOTICE THAT the
Plaintiff/Appellant, David Raymond Amos will make a motion to the Federal
Court of Appeal in writing pursuant
to Rule 369 of the Federal
Court Rules. This motion is to request that the Court assign a Judge for case management of this
file to resolve all concerns about the contents of the Appeal Book, the manner in which it is to be created and by whom under Rules 343(5), 345(2)(a)(b), and 383.1 of the Federal Court Rules.
THE MOTION IS FOR:
- This motion is following the Orders of Justice Trudel which were received by the Plaintiff/Appellant on Friday the 13th of May, 2016 ordering him to serve and file a proper Notice of Motion under Rule 369 to request that the court determine the contents of the Appeal Book no later than June 10, 2016 or this appeal could be dismissed without further delay.
- Her Majesty the Queen, Defendant/ Respondent and David Raymond Amos, Plaintiff/Appellant have failed to agree in writing pursuant Rule 343(1) as to the documents, exhibits and transcripts that are to be included in the Appeal Book. The Plaintiff/Appellant requests that the Court order the Administrator to prepare an appeal book on the appellant's behalf under 345(1)(b), assign a Judge to oversee the case management of this file in order to resolve the concerns of both parties under Rule 383.1 of the Federal Court Rules.
THE GROUNDS FOR
THE MOTION ARE:
1.
Her Majesty
the Queen’s servants in the Royal Canadian Mounted Police (RCMP) and their
American cohorts in the American Federal Bureau of Investigation (FBI) are well
aware that David Raymond Amos has been bankrupt and homeless for 11 years
through no fault of his own. He wishes to remind the Court of paragraph 89 of
his claim in which he stated the jurisdiction of Federal Court under Section 17.1 of the Federal Court Act and pleads for the
assistance of the Court in this matter.
2.
Rule 343(5) of the Federal Court Rules states as follows:
(5) The appeal book shall be prepared by the
appellant forthwith unless, on the motion of the appellant, the Court orders
the Administrator to prepare an appeal book on the appellant's behalf from
documents provided by the appellant.
3.
Rule 345(2)(a)(b) of the Federal Court Rules states
as follows: The appellant shall file
(a) if
the appeal is brought in the Federal Court, an electronic copy of or three paper copies of the book; and
(b) if
the appeal is brought in the Federal Court of Appeal, an electronic copy of or
five paper copies of the book.
4.
Rule 383.1 of the Federal Court Rules states
as follows:
The Chief Justice of the Federal Court
of Appeal may assign one or more judges to act as a case management judge in a
proceeding.
___________________________
June 10th, 2016 DAVID
RAYMOND AMOS
P.O. Box 234
Apohaqui, NB E5P 3G2
Plaintiff/Appellant
on his own behalf
TO:
Administrator, Federal Court of Appeal
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 /Respondent
WRITTEN
REPRESENTATIONS
PART I—FACTS
1.
The
text of the letter sent to Her Majesty the Queen is a follows:
WILLIAM F. PENTNEY
Q.C.
May 25, 2016
Deputy Attorney General of Canada
C/o JAN JENSEN
Department of Justice
Suite 1400-Duke
Tower
5251 Duke Street
Halifax, NS B3J
1P3
Re: A-48-16 David Raymond Amos, Appellent, vs. Her
Majesty the Queen, Respondent
Sirs,
I write with respect to
the Order of Justice Trudel that I received by way of an email on Friday the 13th
of May 2016. I am grateful to receive this Order. However I am disappointed by
subsection (a) in that my request for an oral hearing pursuant to Section 35
(2) (a) was denied. I will do as the Judge suggests in subsection (b) at my
convenience. I will follow the timelines and the prescriptions of the rules
just as I have done in the past. This letter attests to that fact that I am
obeying subsection (c) of the Order in a timely fashion.
I consider subsections
(d) and I of the Order of Justice Trudel to be the most important of all. On or
before June 10th, 2016 I will file proper Notice of Motion under
Rule 369 in order to request that the Court determine the contents of the
Appeal Book, how it is to be created either electronically or otherwise and by
whom.
On May 5th,
2016 while I was waiting for directions from the court Mr Jensen forwarded to
me a copy of a letter sent to an unnamed party within the Federal Court of
Appeal in Halifax. It was that he had issues with my April 27th,
2016 letter to Suzelle Bazinet, Judicial Administrator of the Federal Court of
Appeal. I was not obliged to be serve upon Mr. Jensen a copy of my letter but I
have no objection whatsoever with anyone reading any of my material and taking
issue with it. I take particular interest when a lawyer acting on behalf of the
CROWN considers my issues with the RCMP, the FBI, wiretap tapes, global bank
and tax fraud etc irrelevant in light of the fact that these issues are
addressed within my Statement of Claim and within two of my motions on file in
the Federal Court of Canada. Perhaps the CROWN should have another lawyer
review all the filings that it wishes to be published in the Appeal Book of
this matter. I was amazed that a lawyer
would request that this matter be case managed by a Judge by merely sending a
letter to nobody in particular in lieu of filing a Motion in accordance the Federal Court
Rules. Subsection (f) of the Order of Justice Trudel did not surprise me.
With regards to the
Order I take issue Justice Trudel’s summation of events in this matter. Some
statements raise a few questions of my own. I do not understand paragraph 1 at
all but I do understand Paragraph 7 and disagree. In my opinion if a Justice of
the Federal Court of Appeal states that the respondent’s cross-appeal may not
be dismissed then it follows that the court also has the ability the award my
request for a judgment by default rather than limiting its decision to
upholding Section 17 (1) of the Federal Courts Act and allowing the Statement of Claim to
be reinstated in its original form in order to be returned to the Federal Court
for a continuation of the proceedings on the merits.
Whereas the respondent’s cross-appeal
still seeks to have my claim against the CROWN dismissed in its entirety then
it follows that the Federal Court of Appeal should review all the documents
that were filed by both parties in the docket of the Federal Court in the order
in which they were filed in accordance to Section 344 (1) of the Federal Court Rules.
My proposal as to the contents of the Appeals Book are as follows:
- Statement of Claim filed on 16-SEP-2015
- Motion Record on behalf of Defendant and Draft Order\Judgment filed on 14-OCT-2015
- Motion Record on behalf of Plaintiff filed on 26-OCT-2015
- Order dated 12-NOV-2015 rendered by Richard Morneau, Esq., Prothonotary
- Notice of Motion on behalf of Plaintiff for an appeal of the decision of Richard Morneau, Esq., Prothonotary dated 12-NOV-2015 filed on 20-NOV-2015
- Motion Record on behalf of Plaintiff filed on 08-DEC-2015
- Affidavit of David Raymond Amos sworn on 08-DEC-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion including the Exhibits A & B (Exhibit A is a CD) filed on 08-DEC-2015
- Unsigned Motion Record on behalf of Defendant filed on 10-DEC-2015
- Affidavit of Jill Thomson sworn on 10-DEC-2015 contained within a Motion Record on behalf of Defendant in opposition to Plaintiff’s Motion filed on 10-DEC-2015
- Order dated 14-DEC-2015 rendered by The Honourable Mr. Justice Bell Matter Delivered orally from the Bench on December 14, 2015. Filed on 23-DEC-2015.
- A signed letter from the Speaker of the House of Commons Dated January 7th, 2016 which was sent to the Plaintiff byway of an email of January 12th, 2016.
- An email sent by the Plaintiff to the Speaker of the House of Commons, the Minister of Justice/Attorney General of Canada and many others on January 18th, 2016.
- Reasons and Order dated 25-JAN-2016 rendered by The Honourable Mr. Justice Southcott Filed on 25-JAN-2016
With regards to your proposal that
transcripts are to be ordered for the Hearings held on in Federal Court
December 14th, 2015 and January 11th, 2016, I see no need
for them. However if the CROWN demands that the transcripts are required for
its benefit then it should cover the cost of creating the aforesaid documents
and filed with the court outside of the contents of the Appeal Book as per
Section 344 (2) which reads as follows:
344 (2) Transcripts may be reproduced in a separate
document.
Veritas Vincit
David Raymond Amos
P.O. Box 234.
Apohaqui, NB E5P 3G2
PART II – ORDER REQUESTED
1. The Plaintiff/Appellant has received no response to his proposal
letter as to the content of the Appeal book he respectfully requests that the
honourable court order that:
(a) That a Judge be appointed for
case management of this matter
(b) That the Administrator
to prepare the Appeal Book on his behalf
(c) That the Plaintiff/Appellant/ be awarded the costs of creating this
motion
ALL OF WHICH IS RESPECTFULLY
SUBMITTED
DATED at Fredericton,
New Brunswick, this the 10th day of June, 2016
___________________________
DAVID RAYMOND AMOS
P.O. Box 234
Apohaqui, NB E5P 3G2
Appellant on his own
behalf
TO: Administrator, Federal Court of Appeal
AND TO: WILLIAM F. PENTNEY Q.C.
Deputy
Attorney General of Canada
per: JAN JENSEN
Department of
Justice
Suite 1400-Duke Tower
5251 Duke Street
Halifax, NS B3J 1P3
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