---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 5 Nov 2020 07:09:39 +0000
Subject: Automatic reply: Attn Chris Kofinis I don't care if Google
blocks my emails I blog it all anyway
To: David Amos <david.raymond.amos333@gmail.
Thank you for taking the time to write to us.
Due to the high volume of emails that we receive daily, please note
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Thank you.
Bonjour,
Nous vous remercions d’avoir pris le temps de nous écrire.
Tenant compte du volume élevé de courriels que nous recevons
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---------- Original message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Thu, 5 Nov 2020 07:09:39 +0000
Subject: Automatic reply: Attn Chris Kofinis I don't care if Google
blocks my emails I blog it all anyway
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 5 Nov 2020 03:09:36 -0400
Subject: Re: Attn Chris Kofinis I don't care if Google blocks my
emails I blog it all anyway
To: contact@parkstreetstrategies.
<Robert.Jones@cbc.ca>, pm <pm@pm.gc.ca>, "Gilles.Moreau"
<Gilles.Moreau@forces.gc.ca>, washington field
<washington.field@ic.fbi.gov>, "barbara.massey"
<barbara.massey@rcmp-grc.gc.ca>, "Sophia.Harris"
<Sophia.Harris@cbc.ca>, Nathalie Sturgeon
<sturgeon.nathalie@
Cc: motomaniac333 <motomaniac333@gmail.com>,
Birkenstock@sandlerreiff.com, Newsroom <Newsroom@globeandmail.com>,
premier <premier@ontario.ca>, "barb.whitenect"
<barb.whitenect@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Mike.Comeau" <Mike.Comeau@gnb.ca>, "Bill.Blair"
<Bill.Blair@parl.gc.ca>
https://davidraymondamos3.
Thursday, 5 November 2020
Attn Chris Kofinis we just spoke I don't care if Google blocks my emails
Quote Tweet
ParkStreetStrategies
@PS_Strategies
·
Iowa Democrats were right to use the 3 C’s, “chaotic,” “confusing,” and “crowded,” to describe what is now - “officially” - a mess of an Iowa Caucus! #IowaCaucuses #IACaucus
https://twitter.com/
Message blocked
Attn Chris Kofinis we just spoke After 17 years there is no way that you could know Hillary Clinton, General Wesley Clark and the sneaky lawyer Joseph Birkenstock and not know who I am
---------- Original message ----------
From: David Amos <motorcyclemaniac02186@gmail.
Date: Thu, 5 Nov 2020 01:34:13 -0400
Subject: Re: Attn Chris Kofinis we just spoke I don't care if Google
blocks my emails After 17 years there is no way that you could know
Hillary Clinton, General Wesley Clark and the sneaky lawyer Joseph
Birkenstock and not know who I am
To: contact@parkstreetstrategies.
< Robert.Jones@cbc.ca>, pm <pm@pm.gc.ca>, "Gilles.Moreau"
< Gilles.Moreau@forces.gc.ca>, washington field
< washington.field@ic.fbi.gov>, "barbara.massey"
< barbara.massey@rcmp-grc.gc.ca>, "Sophia.Harris"
< Sophia.Harris@cbc.ca>, motomaniac333 <motomaniac333@gmail.com>,
Birkenstock@sandlerreiff.com, Newsroom <Newsroom@globeandmail.com>
Cc: david.raymond.amos333@gmail.
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 5 Nov 2020 05:42:12 +0000
Subject: Automatic reply: Attn Chris Kofinis we just spoke After 17
years there is no way that you could know Hillary Clinton, General
Wesley Clark and the sneaky lawyer Joseph Birkenstock and not know who
I am
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.
If you are reporting a factual error please forward your email to
publiceditor@globeandmail.com<mailto:publiceditor@
Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and
press releases.
Message blocked
Your message to contact@parkstreetstrategies.
technical details below for more information.
From: David Amos <motorcyclemaniac02186@gmail.
Date: Thu, 5 Nov 2020 01:34:13 -0400
Subject: Re: Attn Chris Kofinis we just spoke I don't care if Google
blocks my emails After 17 years there is no way that you could know
Hillary Clinton, General Wesley Clark and the sneaky lawyer Joseph
Birkenstock and not know who I am
To: contact@parkstreetstrategies.
< Robert.Jones@cbc.ca>, pm <pm@pm.gc.ca>, "Gilles.Moreau"
< Gilles.Moreau@forces.gc.ca>, washington field
< washington.field@ic.fbi.gov>, "barbara.massey"
< barbara.massey@rcmp-grc.gc.ca>, "Sophia.Harris"
< Sophia.Harris@cbc.ca>, motomaniac333 <motomaniac333@gmail.com>,
Birkenstock@sandlerreiff.com, Newsroom <Newsroom@globeandmail.com>
Cc: david.raymond.amos333@gmail.
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 5 Nov 2020 05:42:12 +0000
Subject: Automatic reply: Attn Chris Kofinis we just spoke After 17
years there is no way that you could know Hillary Clinton, General
Wesley Clark and the sneaky lawyer Joseph Birkenstock and not know who
I am
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.
If you are reporting a factual error please forward your email to
publiceditor@globeandmail.com<mailto:publiceditor@
Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and
press releases.
Message blocked
Your message to contact@parkstreetstrategies.
technical details below for more information.
'You couldn't be that wrong if you tried,' pollster says of U.S. election forecasts
Pollsters who wrongly predicted a Biden sweep 'clearly should not be in the business,' says Chris Kofinis
Democratic pollster Chris Kofinis says he's tired of defending his profession as his colleagues make the same mistakes over and over again.
The U.S. presidential election, as Wednesday afternoon, was still too close to call, with ballots continuing to be counted in several states. But one thing is clear. The pollsters who predicted Joe Biden would win in a landslide were wrong.
Kofinis is the CEO of Park Street Strategies. And over the last month, as several polls predicted a sweeping victory for Biden, he was warning his fellow Democrats not to get too excited.
Here is part of his conversation Wednesday with As It Happens host Carol Off.
Chris, the last time we talked [in October], you were feeling anxious, despite polling that should have been should have been comforting to you. How are you feeling now?
I guess I shouldn't say I told you so — but I told you so?
I've done this for a long time. And, unfortunately, I think what we saw was a pretty dramatic collapse of polling and a lot of pollsters who simply failed to do their jobs.
You cannot be this wrong, this consistently wrong, and actually pretend like you know what you're doing.
- Chris Kofinis, Park Street Strategies
How did they fail and why?
There was this phenomenon of the silent Trump voter. There has been a lot of debate about it, and I've seen in my research — both the focus groups we've done [and] the polling that we've done — that it was real. The only question I couldn't answer was how many of them were there.
The other problem was, I think, people were assuming that a certain voter was always going to turn out to vote Democrat. And what we saw, for example, in places like Florida and in other states, was Trump was overperforming with Hispanics. We saw that in our polling. He was overperforming with African-Americans. We saw that in our polling months ago. And I think pollsters just ignored that reality or simply weren't doing their jobs right.
Polling is both an art and science, and it's understandable and it's reasonable to say you're going to be wrong. But I think there's just this fixation of making polling like you're using it as a score sheet for a baseball game. And it doesn't work that way.
And I have to say, as someone who does this for a living, I'm pretty upset about it because I'm tired of having to defend people in this business of mine who clearly should not be in the business. Because you cannot be this wrong, this consistently wrong, and actually pretend like you know what you're doing.
That's certainly what people are saying today — is that we just can't trust the polling. The polling is useless in the United States.
To be honest, if you're if you're going to listen to pollsters who are going to tell you that Biden is up by, you know, 11 [points] nationally, yeah, they're going to be wrong ... If you're going to listen to pollsters who say there's not a silent Trump voter, they're going to be wrong.
I'll give you two examples: Kentucky Senate race, and the South Carolina Senate race. Between those two races, over $150 million dollars was spent to try to win for the Democrats. In both races, the candidates lost by about 15 points. In both races, polling showed the race is either tied or close. You couldn't be that wrong if you tried.
So that was a wasted money?
A hundred per cent wasted money.
I think we need to step back. I would say people who are in the media and people who do what I do for a living and analysts and political strategists, we need to step back and stop being so arrogant and maybe start listening to people who we may not personally like their views.
When I do focus groups, I don't agree with a lot of the people in the group, but I listen to them. I try to understand them. I try to figure out: why do they think that way? What I don't try to do is change their minds. That is not my job.
And I think what you're seeing is pollsters who are trying to change people's minds, because I cannot explain this simply by the idea that polling was off. No. This is two presidential elections in a row that were a disaster. There's a bigger problem here, and people need to start asking that serious question about what's wrong.
And I'm going to tell you what I think is wrong. What is wrong is there are people in this profession who should not be doing it. And there's media people, major news outlets in major news networks in the United States that are listening to pollsters who have no idea what they're doing.
Trump supporters face off Biden supporters outside of a polling site in Houston, Texas, on election day. (Go Nakamura/Reuters)
Is it also possible, though, that the campaigns themselves are listening to the pollsters and the wrong pollsters and they shouldn't be so much? ... What we've seen is the complaints that Florida was lost because the Biden campaign did not read Florida. They were reading Florida according to what the pollsters were telling them. That's a problem, isn't it?
There's no question that's a problem.
In consulting, we call it pleasing the client, right? Giving the client what they want to hear, because, you know, if you tell the client what they want to hear, they're more likely to keep you.
I don't care whether my client keeps me or not. I'm going to tell them what the reality is as I can best understand it. And if they like it, great. If they don't like it, that's too bad.
Florida, Texas and Ohio — three states that clearly were lost long before election day, where the Biden campaign spent money, resources and time going to, instead of going to places like Pennsylvania, you know, Wisconsin, Michigan.
I think what's happened they tried to create this impression that there was a huge battleground, like Texas was in play. Texas was never in play.... Ohio was never in play. You do not have a state in play, meaning competitive, if you lose it by eight points.
FiveThirtyEight, as you know, that's a one that many people follow online. Nate Silver, who's the founder, says the polling models predicted a Biden win because they showed he could survive errors in polling. So he says ... if Joe Biden wins this election, then it proves that he did survive the errors in polling. So what do you make of that argument?
It's a very convenient rewriting of history. If you look back at literally all the stories before election day, they were pointing to a Democratic tsunami.
So let's assume for argument's sake that Nate is right. What he's ignoring — and this is the convenient part of his analysis to make himself look better — is that ... Democrats, lost seats in the House. We will probably, most likely, almost certainly not win the Senate. By any measure, this was not a Democratic tsunami.
You're just rejoicing the fact that you were right in the outcome, but your numbers were wrong. It's like me saying, you know, the Toronto Blue Jays won the game, but instead of winning them by 20, they won by one. It's not the same kind of analysis.
Were all these things inevitable? ... Or had they done things differently and responded to the polling differently, that there could have been a larger Biden win, or even a Senate win?
I don't know the answer to that.
With Trump, what's really unique was that people were reluctant to say they supported him primarily because ... people call them racist, xenophobic. You know, think of the negative that has been applied to Trump over his last four years. People didn't want to be associated with that. At least some didn't. And it was enough to create ... what I call the silent Trump voter. Other people call it the shy Trump voter.
I can't tell you four years from now [whether] we're going to have the same kind of dynamic.
But at a minimum, we got to start asking tougher questions, like tougher questions about what voters think and what voters feel.
If you think, as a pollster or as an analyst, that you are the smartest person in the room, you could never be wrong, you're infallible — you're going to be wrong.
Written by Sheena Goodyear. Interview produced by Chloe Shantz-Hilkes. Q&A has been edited for length and clarity.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 5 Nov 2020 01:42:07 -0400
Subject: Re: Attn Chris Kofinis we just spoke After 17 years there is
no way that you could know Hillary Clinton, General Wesley Clark and
the sneaky lawyer Joseph Birkenstock and not know who I am
To: contact@parkstreetstrategies.
< Robert.Jones@cbc.ca>, pm <pm@pm.gc.ca>, "Gilles.Moreau"
< Gilles.Moreau@forces.gc.ca>, washington field
< washington.field@ic.fbi.gov>, "barbara.massey"
< barbara.massey@rcmp-grc.gc.ca
< Sophia.Harris@cbc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>,
Birkenstock@sandlerreiff.com, Newsroom <Newsroom@globeandmail.com>
If you wish to play dumb please enjoy two old files of mine
https://www.scribd.com/
https://www.scribd.com/doc/
https://www.cbc.ca/radio/
'You couldn't be that wrong if you tried,' pollster says of U.S.
election forecasts
Pollsters who wrongly predicted a Biden sweep 'clearly should not be
in the business,' says Chris Kofinis
CBC Radio · Posted: Nov 04, 2020 6:26 PM ET
Park Street Strategies
Message Matters
D.C. Office:
1604 17th St. NW, Ste. 2, Washington, DC 20009
MD Office:
10410 Kensington Pkwy., Ste. 307, Kensington, MD 20895
202.486.6422
Chris Kofinis – Founder and CEO
Throughout the course of his career, Chris Kofinis has worked as a
campaign consultant, as well as a communications and strategic advisor
to labor unions and major corporations.
Chris began his political career as one of the four original founders
and communications strategists of the 2003 Draft Wesley Clark campaign
– the first successful draft campaign of a presidential candidate in
American history. He was also the communications director and chief
strategist for the UFCW WakeUpWal-Mart campaign – one of the most
revolutionary labor campaigns in the last two decades. Both campaigns
were groundbreaking efforts utilizing bold communication strategies to
generate tens of millions of dollars in earned media, as well as broad
grassroots support.
Chris has also served as a communications advisor to a variety of
domestic and international political candidates and groups, including
two U.S. presidential campaigns.
From 2010 to 2012, he served as U.S. Senator Joe Manchin’s first
Senate Chief of Staff. During his tenure, he devised a policy and
media strategy that helped quickly position Senator Manchin as one of
the leading bipartisan actors and independent voices on an array of
issues.
Most recently, and as part of PSS, Chris has utilized dial focus
groups to develop and test messages and communication strategies for a
diverse set of clients including those in Labor as well as Fortune 500
corporations.
Kofinis is a regular commentator on American elections and campaigns,
and appears regularly on MSNBC, FOX News, CNBC, FOX Business, and CNN
Joseph Birkenstock
(202) 479-1111
Birkenstock@sandlerreiff.com
Joseph M. Birkenstock joined Sandler Reiff Lamb Rosenstein &
Birkenstock, P.C. in 2014 after serving as Chief Counsel of the
Democratic National Committee and practicing political law with two
other firms.
Mr. Birkenstock practices in all aspects of political law, advising
corporations, non-profit organizations, candidates, officeholders,
major donors, and other clients in structuring and undertaking their
political, lobbying, and issue-advocacy projects. He also helps
clients respond to controversies involving issues of political law
such as alleged campaign finance improprieties, conflicts of interest,
and real or perceived violations of other legal and ethical
obligations.
Highlights
While at the DNC, Mr. Birkenstock worked closely with the party’s
fundraisers and campaign staff to help ensure their compliance with
the myriad of state and federal laws governing their activities. He
took primary responsibility for responding to several investigations
into Democratic Party fundraising following the 1996 presidential
election. He also assisted in the litigation and public relations
efforts surrounding the 2000 Florida recount and helped implement the
DNC’s transition to the McCain-Feingold campaign finance regime.
https://davidraymondamos3.
> >
> >
> > Wednesday, 15 January 2020
> >
> > Peter MacKay set to enter the Conservative leadership race today
> > https://twitter.com/
> >
> > David Raymond Amos @DavidRayAmos
> > Replying to @DavidRayAmos @Kathryn98967631 and 49 others
> > I never heard of Marilyn Gladu so I called her to explain why MacKay
> > made my day but her assistant was too busy to check my Twitter account
> > to verify what I was saying was true so I told her to enjoy my email
> >
> >
> >
> https://davidraymondamos3.
> >
> > #nbpoli #cdnpoli
> >
> > https://www.cbc.ca/news/
> >
> > David Raymond Amos @DavidRayAmos
> > Replying to @DavidRayAmos @Kathryn98967631 and 49 others
> > Methinks everybody knows why MacKay just made my day Trudeau The
> > Younger cannot deny that Petey Baby answered this lawsuit while Harper
> > was still the boss N'esy Pas?
> >
> >
> https://davidraymondamos3.
> >
> > #nbpoli #cdnpoli
> >
> > https://www.cbc.ca/news/
> >
> >
> > Peter MacKay set to enter the Conservative leadership race today
> > MacKay's leadership run has been in the rumour mill for months
> >
> > Catherine Cullen · CBC News · Posted: Jan 15, 2020 12:11 PM ET
> >
> > 1213 Comments
> >
> >
> > David Sampson
> > But will intelligent "progressive" conservatives ever forgive Peter
> > for giving away a once proud national political institution to a horde
> > of western based reform fundamentalists?
> >
> > Eugene Peabody
> > Reply to @David Sampson: Not only can former PC members not trust him
> > but Canadians cannot also.When a man.s word is no good ,he is the
> > same.
> >
> > Anne Clarke
> > Reply to @David Sampson: they will do anything to win right?
> >
> > Frank Paul
> > Reply to @David Sampson: Nope.
> >
> > Neil Denman
> > Reply to @David Sampson:
> > I have those feelings too: I have a hard time forgiving that. But, at
> > least there are signs that the next leader may be a PCer rather than a
> > Reformer. Peter Mackay, Jean Charest...I'm no fan of either, but it's
> > a step away from Harper and Scheer.
> >
> > David Raymond Amos
> > Reply to @David Sampson: Methinks everybody knows why MacKay just made
> > my day N'esy Pas?
> >
> > David Allan
> > Reply to @Neil Denman:
> > "I have those feelings too: I have a hard time forgiving that. But, at
> > least there are signs that the next leader may be a PCer rather than a
> > Reformer."
> >
> > He's a reformer now. He solidly demonstrated so with his last 9 years
> > in Parliament.
> > Or is he just an opportunist who doesn't really care aside from his
> > quest for personal power?
> >
> > Sean Cronin
> > Reply to @David Sampson:
> > I will. It's ancient history now.
> >
> > Art Rowe
> > Reply to @David Sampson:
> > Like there was ever a doubt he would run?
> >
> > David Raymond Amos
> > Reply to @David Raymond Amos: Methinks its comical that even Trudeau
> > The Younger cannot deny that Petey Baby answered my lawsuit in Federal
> > Court while Harper was still the boss N'esy Pas?
> >
> > Craig Hall
> > Reply to @David Sampson: Nobody cares except the Liberals. And David
> > Orchard.
> >
> > David Raymond Amos
> > Reply to @Craig Hall: I still do
> >
> > David Linkletter
> > Reply to @Frank Paul: cough robo calls to name but one
> >
> > David Raymond Amos
> > Reply to @Craig Hall: BTW I remember talking to David Orchard in early
> > 2004 about what went down and explained to him why I was preparing to
> > run for a seat in the 38th Parliament Furthermore I put proof of our
> > contact in a email which can still be found on the Internet to this
> > very day
> >
> > David Raymond Amos
> > Reply to @Craig Hall: By the same token I never heard of Marilyn Gladu
> > until I read this article so I called her to explain why MacKay made
> > my day but her assistant was too busy to check my Twitter account to
> > verify what I was saying was true so I told her to enjoy my email
> >
> >
> >
> > ---------- Forwarded message ----------
> > From: "MinFinance / FinanceMin (FIN)"
> > <fin.minfinance-financemin.
> > Date: Thu, 9 Jan 2020 17:55:17 +0000
> > Subject: RE: YO Tom Freda Say Hey Sylvie Gadoury the General Counsel
> > of CBC for me will ya?
> > To: David Amos <david.raymond.amos333@gmail.
> >
> > The Department of Finance acknowledges receipt of your electronic
> > correspondence. Please be assured that we appreciate receiving your
> > comments.
> >
> > Le ministère des Finances accuse réception de votre correspondance
> > électronique. Soyez assuré(e) que nous apprécions recevoir vos
> > commentaires.
> >
> >> ---------- Forwarded message ----------
> >> From: Justice Website <JUSTWEB@novascotia.ca>
> >> Date: Mon, 18 Sep 2017 14:21:11 +0000
> >> Subject: Emails to Department of Justice and Province of Nova Scotia
> >> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
> >>
> >> Mr. Amos,
> >> We acknowledge receipt of your recent emails to the Deputy Minister of
> >> Justice and lawyers within the Legal Services Division of the
> >> Department of Justice respecting a possible claim against the Province
> >> of Nova Scotia. Service of any documents respecting a legal claim
> >> against the Province of Nova Scotia may be served on the Attorney
> >> General at 1690 Hollis Street, Halifax, NS. Please note that we will
> >> not be responding to further emails on this matter.
> >>
> >> Department of Justice
> >>
> >>
---------- Forwarded message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Tue, 7 Jun 2016 17:05:07 +0000
Subject: RE: So what does Premier Gallant and Minister Doucet et al
think of my lawsuit? How about David Coon and his blogging buddy
Chucky joking about being illegally barred from parliamentary property
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick.
Please be assured that your email has been received, will be reviewed,
and a response will be forthcoming.
Once again, thank you for taking the time to write.
Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné et
qu'une réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous écrire.
Sincerely, / Sincèrement,
Mallory Fowler
Correspondence Manager / Gestionnaire de la correspondance Office of
the Premier / Cabinet du premier ministre
On 1/19/18, David Amos <motomaniac333@gmail.com> wrote:
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>> To: coi@gnb.ca
>> Cc: david.raymond.amos@gmail.com
>>
>> Good Day Sir
>>
>> After I heard you speak on CBC I called your office again and managed
>> to speak to one of your staff for the first time
>>
>> Please find attached the documents I promised to send to the lady who
>> answered the phone this morning. Please notice that not after the Sgt
>> at Arms took the documents destined to your office his pal Tanker
>> Malley barred me in writing with an "English" only document.
>>
>> These are the hearings and the dockets in Federal Court that I
>> suggested that you study closely.
>>
>> This is the docket in Federal Court
>>
>> http://cas-cdc-www02.cas-satj.
>> p?court_no=T-1557-15&select_
>>
>> These are digital recordings of the last three hearings
>>
>> Dec 14th https://archive.org/details/
>>
>> January 11th, 2016 https://archive.org/details/
>>
>> April 3rd, 2017
>>
>> https://archive.org/details/
>>
>>
>> This is the docket in the Federal Court of Appeal
>>
>> http://cas-cdc-www02.cas-satj.
>> p?court_no=A-48-16&select_
>>
>>
>> The only hearing thus far
>>
>> May 24th, 2017
>>
>> https://archive.org/details/
>>
>>
>> This Judge understnds the meaning of the word Integrity
>>
>> Date: 20151223
>>
>> Docket: T-1557-15
>>
>> Fredericton, New Brunswick, December 23, 2015
>>
>> PRESENT: The Honourable Mr. Justice Bell
>>
>> BETWEEN:
>>
>> DAVID RAYMOND AMOS
>>
>> Plaintiff
>>
>> and
>>
>> HER MAJESTY THE QUEEN
>>
>> Defendant
>>
>> ORDER
>>
>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>> December 14, 2015)
>>
>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>> in its entirety.
>>
>> At the outset of the hearing, the Plaintiff brought to my attention a
>> letter dated September 10, 2004, which he sent to me, in my then
>> capacity as Past President of the New Brunswick Branch of the
>> Canadian Bar Association, and the then President of the Branch,
>> Kathleen Quigg, (now a Justice of the New Brunswick Court of Appeal).
>> In that letter he stated:
>>
>> As for your past President, Mr. Bell, may I suggest that you check
>> the work of Frank McKenna before I sue your entire law firm including you.
>> You are your brother’s keeper.
>>
>> Frank McKenna is the former Premier of New Brunswick and a former
>> colleague of mine at the law firm of McInnes Cooper. In addition to
>> expressing an intention to sue me, the Plaintiff refers to a number
>> of people in his Motion Record who he appears to contend may be
>> witnesses or potential parties to be added. Those individuals who are
>> known to me personally, include, but are not limited to the former
>> Prime Minister of Canada, The Right Honourable Stephen Harper; former
>> Attorney General of Canada and now a Justice of the Manitoba Court of
>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>> former Director of Policing Services, the late Grant Garneau; former
>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>> Police.
>>
>> In the circumstances, given the threat in 2004 to sue me in my
>> personal capacity and my past and present relationship with many
>> potential witnesses and/or potential parties to the litigation, I am
>> of the view there would be a reasonable apprehension of bias should I
>> hear this motion. See Justice 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. In the circumstances, although neither party has
>> requested I recuse myself, I consider it appropriate that I do so.
>>
>>
>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator
>> of the Court schedule another date for the hearing of the motion.
>> There is no order as to costs.
>>
>> “B. Richard Bell”
>> Judge
>>
>>
>> Below after the CBC article about your concerns (I made one comment
>> already) you will find the text of just two of many emails I had sent
>> to your office over the years since I first visited it in 2006.
>>
>> I noticed that on July 30, 2009, he was appointed to the the Court
>> Martial Appeal Court of Canada Perhaps you should scroll to the
>> bottom of this email ASAP and read the entire Paragraph 83 of my
>> lawsuit now before the Federal Court of Canada?
>>
>> "FYI This is the text of the lawsuit that should interest Trudeau the
>> most
>>
>>
>> ---------- Original message ----------
>> From: justin.trudeau.a1@parl.gc.ca
>> Date: Thu, Oct 22, 2015 at 8:18 PM
>> Subject: Réponse automatique : RE My complaint against the CROWN in
>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>> submit a motion for a publication ban on my complaint trust that you
>> dudes are way past too late
>> To: david.raymond.amos@gmail.com
>>
>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre
>> à lalanthier@hotmail.com
>>
>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>> tommy.desfosses@parl.gc.ca
>>
>> Please note that I changed email address, you can reach me at
>> lalanthier@hotmail.com
>>
>> To reach the office of Mr. Trudeau please send an email to
>> tommy.desfosses@parl.gc.ca
>>
>> Thank you,
>>
>> Merci ,
>>
>>
>> http://davidraymondamos3.
>> .html
>>
>>
>> 83. The Plaintiff states that now that Canada is involved in more
>> war in Iraq again it did not serve Canadian interests and reputation
>> to allow Barry Winters to publish the following words three times
>> over five years after he began his bragging:
>>
>> January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>
>> December 8, 2014
>> Why Canada Stood Tall!
>>
>> Friday, October 3, 2014
>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>> Stupid Justin Trudeau
>>
>> Canada’s and Canadians free ride is over. Canada can no longer hide
>> behind Amerka’s and NATO’s skirts.
>>
>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>> actually committed the Canadian Army to deploy in the second campaign
>> in Iraq, the Coalition of the Willing. This was against or contrary
>> to the wisdom or advice of those of us Canadian officers that were
>> involved in the initial planning phases of that operation. There were
>> significant concern in our planning cell, and NDHQ about of the
>> dearth of concern for operational guidance, direction, and forces for
>> operations after the initial occupation of Iraq. At the “last minute”
>> Prime Minister Chretien and the Liberal government changed its mind.
>> The Canadian government told our amerkan cousins that we would not
>> deploy combat troops for the Iraq campaign, but would deploy a
>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>> incompetence and stupidity, the Canadian Army was heroic,
>> professional, punched well above it’s weight, and the PPCLI Battle
>> Group, is credited with “saving Afghanistan” during the Panjway
>> campaign of 2006.
>>
>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>> Liberal Prime Minister Jean Chretien committed, and deployed the
>> Canadian army to Canada’s longest “war” without the advice, consent,
>> support, or vote of the Canadian Parliament.
>>
>> What David Amos and the rest of the ignorant, uneducated, and
>> babbling chattering classes are too addled to understand is the
>> deployment of less than 75 special operations troops, and what is
>> known by planners as a “six pac cell” of fighter aircraft is NOT the
>> same as a deployment of a Battle Group, nor a “war” make.
>>
>> The Canadian Government or The Crown unlike our amerkan cousins have
>> the “constitutional authority” to commit the Canadian nation to war.
>> That has been recently clearly articulated to the Canadian public by
>> constitutional scholar Phillippe Legasse. What Parliament can do is
>> remove “confidence” in The Crown’s Government in a “vote of
>> non-confidence.” That could not happen to the Chretien Government
>> regarding deployment to Afghanistan, and it won’t happen in this
>> instance with the conservative majority in The Commons regarding a
>> limited Canadian deployment to the Middle East.
>>
>> President George Bush was quite correct after 911 and the terror
>> attacks in New York; that the Taliban “occupied” and “failed state”
>> Afghanistan was the source of logistical support, command and
>> control, and training for the Al Quaeda war of terror against the
>> world. The initial defeat, and removal from control of Afghanistan
>> was vital and
>>
>> P.S. Whereas this CBC article is about your opinion of the actions of
>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>> had my files for many years and the last thing they are is ethical.
>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>
>> Subject:
>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>> To: motomaniac_02186@yahoo.com
>>
>> January 30, 2007
>>
>> WITHOUT PREJUDICE
>>
>> Mr. David Amos
>>
>> Dear Mr. Amos:
>>
>> This will acknowledge receipt of a copy of your e-mail of December
>> 29,
>> 2006 to Corporal Warren McBeath of the RCMP.
>>
>> Because of the nature of the allegations made in your message, I have
>> taken the measure of forwarding a copy to Assistant Commissioner
>> Steve Graham of the RCMP “J” Division in Fredericton.
>>
>> Sincerely,
>>
>> Honourable Michael B. Murphy
>> Minister of Health
>>
>> CM/cb
>>
>>
>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>
>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>> motomaniac_02186@yahoo.com
>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca, "Paul Dube"
>> PAUL.DUBE@rcmp-grc.gc.ca
>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>> forgotten me but the crooks within the RCMP have not
>>
>> Dear Mr. Amos,
>>
>> Thank you for your follow up e-mail to me today. I was on days off
>> over the holidays and returned to work this evening. Rest assured I
>> was not ignoring or procrastinating to respond to your concerns.
>>
>> As your attachment sent today refers from Premier Graham, our
>> position is clear on your dead calf issue: Our forensic labs do not
>> process testing on animals in cases such as yours, they are referred
>> to the Atlantic Veterinary College in Charlottetown who can provide
>> these services. If you do not choose to utilize their expertise in
>> this instance, then that is your decision and nothing more can be done.
>>
>> As for your other concerns regarding the US Government, false
>> imprisonment and Federal Court Dates in the US, etc... it is clear
>> that Federal authorities are aware of your concerns both in Canada
>> the US. These issues do not fall into the purvue of Detachment and
>> policing in Petitcodiac, NB.
>>
>> It was indeed an interesting and informative conversation we had on
>> December 23rd, and I wish you well in all of your future endeavors.
>>
>> Sincerely,
>>
>> Warren McBeath, Cpl.
>> GRC Caledonia RCMP
>> Traffic Services NCO
>> Ph: (506) 387-2222
>> Fax: (506) 387-4622
>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>
>>
>>
>> Alexandre Deschênes, Q.C.,
>> Office of the Integrity Commissioner
>> Edgecombe House, 736 King Street
>> Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax: 506-444-5224
>> e-mail:coi@gnb.ca
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Wed, Sep 23, 2015 at 10:35 AM
>> Subject: RE My complaint against the CROWN in Federal Court Attn
>> David Hansen and Peter MacKay If you planning to submit a motion for
>> a publication ban on my complaint trust that you dudes are way past
>> too late
>> To: David.Hansen@justice.gc.ca, peter.mackay@justice.gc.ca
>> peacock.kurt@telegraphjournal.
>> mclaughlin.heather@
>> david.akin@sunmedia.ca, robert.frater@justice.gc.ca,
>> paul.riley@ppsc-sppc.gc.ca, greg@gregdelbigio.com,
>> joyce.dewitt-vanoosten@gov.bc.
>> jean-vincent.lacroix@gouv.qc.
>> mfeder@mccarthy.ca, mjamal@osler.com
>> Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca,
>> Whistleblower@ctv.ca
>>
>> https://scc-csc.lexum.com/scc-
>>
>> http://www.scc-csc.gc.ca/
>> dent_Attorney-General-of-
>> rica.pdf
>>
>> http://thedavidamosrant.
>> zilian.html
>>
>> I repeat what the Hell do I do with the Yankee wiretapes taps sell
>> them on Ebay or listen to them and argue them with you dudes in
>> Feferal Court?
>>
>> Petey Baby loses all parliamentary privelges in less than a month but
>> he still supposed to be an ethical officer of the Court CORRECT?
>>
>> Veritas Vincit
>> David Raymond Amos
>> 902 800 0369
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Sat, 17 Nov 2012 14:10:14 -0400
>> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
>> the USDOJ for me will ya?
>> To: RBauer@perkinscoie.com, sshimshak@paulweiss.com,
>> cspada@lswlaw.com, msmith@svlaw.com, bginsberg@pattonboggs.com,
>> gregory.craig@skadden.com, pm@pm.gc.ca, bob.paulson@rcmp-grc.gc.ca,
>> bob.rae@rogers.blackberry.net, MulcaT@parl.gc.ca,
>> leader@greenparty.ca
>> Cc: alevine@cooley.com, david.raymond.amos@gmail.com,
>> michael.rothfeld@wsj.com, remery@ecbalaw.com
>>
>> QSLS Politics
>> By Location Visit Detail
>> Visit 29,419
>> Domain Name usdoj.gov ? (U.S. Government) IP Address 149.101.1.# (US
>> Dept of Justice) ISP US Dept of Justice Location Continent : North
>> America Country : United States (Facts) State : District of Columbia
>> City : Washington Lat/Long : 38.9097, -77.0231 (Map) Language English
>> (U.S.) en-us Operating System Microsoft WinXP Browser Internet
>> Explorer 8.0
>> Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
>> CLR 2.0.50727; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729;
>> InfoPath.2;
>> DI60SP1001)
>> Javascript version 1.3
>> Monitor Resolution : 1024 x 768
>> Color Depth : 32 bits
>> Time of Visit Nov 17 2012 6:33:08 pm
>> Last Page View Nov 17 2012 6:33:08 pm Visit Length 0 seconds Page
>> Views 1 Referring URL http://www.google.co...
>> Search Engine google.com
>> Search Words david amos bernie madoff Visit Entry Page
>> http://qslspolitics....-wendy-
>> Visit Exit Page http://qslspolitics....-wendy-
>> Out Click
>> Time Zone UTC-5:00
>> Visitor's Time Nov 17 2012 12:33:08 pm Visit Number 29,419
>>
>> http://qslspolitics.blogspot.
>> .html
>>
>>
>> Could ya tell I am investigating your pension plan bigtime? Its
>> because no member of the RCMP I have ever encountered has earned it
>> yet
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Mon, 19 Nov 2012 11:36:04 -0400
>> Subject: This is a brief as I can make my concerns Randy
>> To: randyedmunds@gov.nl.ca
>> Cc: david.raymond.amos@gmail.com
>>
>> In a nutshell my concerns about the actions of the Investment
>> Industry affect the interests of every person in every district of
>> every country not just the USA and Canada. I was offering to help you
>> with Emera because my work with them and Danny Williams is well known
>> and some of it is over eight years old and in the PUBLIC Record.
>>
>> All you have to do is stand in the Legislature and ask the MInister
>> of Justice why I have been invited to sue Newfoundland by the
>> Conservatives
>>
>>
>> Obviously I am the guy the USDOJ and the SEC would not name who is
>> the link to Madoff and Putnam Investments
>>
>> Here is why
>>
>> http://banking.senate.gov/
>> g&Hearing_ID=90f8e691-9065-
>>
>> Notice the transcripts and webcasts of the hearing of the US Senate
>> Banking Commitee are still missing? Mr Emory should at least notice
>> Eliot Spitzer and the Dates around November 20th, 2003 in the
>> following file
>>
>> http://www.checktheevidence.
>> -txt.pdf
>>
>> http://occupywallst.org/users/
>>
>>
>> ---------- Forwarded message ----------
>> From: "Hansen, David" David.Hansen@justice.gc.ca
>> Date: Thu, 1 Aug 2013 19:28:44 +0000
>> Subject: RE: I just called again Mr Hansen
>> To: David Amos motomaniac333@gmail.com
>>
>> Hello Mr. Amos,
>>
>> I manage the Justice Canada civil litigation section in the Atlantic
>> region. We are only responsible for litigating existing civil
>> litigation files in which the Attorney General of Canada is a named
>> defendant or plaintiff. If you are a plaintiff or defendant in an
>> existing civil litigation matter in the Atlantic region in which
>> Attorney General of Canada is a named defendant or plaintiff please
>> provide the court file number, the names of the parties in the action
>> and your question. I am not the appropriate contact for other
>> matters.
>>
>> Thanks
>>
>> David A. Hansen
>> Regional Director | Directeur régional General Counsel |Avocat
>> général Civil Litigation and Advisory | Contentieux des affaires
>> civiles et services de consultation Department of Justice | Ministère
>> de la Justice Suite 1400 – Duke Tower | Pièce 1400 – Tour Duke
>> 5251 Duke Street | 5251 rue Duke
>> Halifax, Nova Scotia | Halifax, Nouvelle- Écosse B3J 1P3
>> david.hansen@justice.gc.ca Telephone | Téléphone (902) 426-3261 /
>> Facsimile | Télécopieur (902)
>> 426-2329
>> This e-mail is confidential and may be protected by solicitor-client
>> privilege. Unauthorized distribution or disclosure is prohibited. If
>> you have received this e-mail in error, please notify us and delete
>> this entire e-mail.
>> Before printing think about the Environment Thinking Green, please
>> do not print this e-mail unless necessary.
>> Pensez vert, svp imprimez que si nécessaire.
>>
>>
>>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Sat, 15 Jun 2013 02:23:24 -0300
>>> Subject: ATTN FBI Special Agent Richard Deslauriers Have you talked
>>> to your buddies Fred Wyshak and Brian Kelly about the wiretap tapes YET?
>>> To: boston@ic.fbi.gov, washington.field@ic.fbi.gov,
>>> bob.paulson@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca,
>>> Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov,
>>> jcarney@carneybassil.com, bbachrach@bachrachlaw.net
>>> Cc: david.raymond.amos@gmail.com, birgittaj@althingi.is,
>>> shmurphy@globe.com, redicecreations@gmail.com
>>>
>>> FBI Boston
>>> One Center Plaza
>>> Suite 600
>>> Boston, MA 02108
>>> Phone: (617) 742-5533
>>> Fax: (617) 223-6327
>>> E-mail: Boston@ic.fbi.gov
>>>
>>> Hours
>>> Although we operate 24 hours a day, seven days a week, our normal
>>> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
>>> through Friday. If you need to speak with a FBI representative at
>>> any time other than during normal business hours, please telephone
>>> our office at (617) 742-5533.
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Mon, 10 Jun 2013 01:20:20 -0300
>>> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
>>> finally underway now correct? What the hell do I do with the wiretap
>>> tapes Sell them on Ebay?
>>> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
>>> Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com,
>>> bbachrach@bachrachlaw.net, wolfheartlodge@live.com,
>>> shmurphy@globe.com,
>>> >> jonathan.albano@bingham.com, mvalencia@globe.com
>>> Cc: david.raymond.amos@gmail.com, oldmaison@yahoo.com,
>>> PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>>>
>>> http://www.bostonglobe.com/
>>> -selection-process-enters-
>>> ml
>>>
>>> http://www.cbc.ca/news/world/
>>>
>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>
>>> http://www.youtube.com/watch?
>>>
>>> What the hell does the media think my Yankee lawyer served upon the
>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>> cards?
>>>
>>> http://www.archive.org/
>>>
>>> http://archive.org/details/
>>> 06
>>>
>>> http://davidamos.blogspot.ca/
>>>
>>> http://www.archive.org/
>>>
>>> http://archive.org/details/
>>>
>>> FEDERAL EXPRES February 7, 2006
>>> Senator Arlen Specter
>>> United States Senate
>>> Committee on the Judiciary
>>> 224 Dirksen Senate Office Building
>>> Washington, DC 20510
>>>
>>> Dear Mr. Specter:
>>>
>>> I have been asked to forward the enclosed tapes to you from a man
>>> named, David Amos, a Canadian citizen, in connection with the
>>> matters raised in the attached letter.
>>>
>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>> tapes.
>>>
>>> I believe Mr. Amos has been in contact with you about this previously.
>>>
>>> Very truly yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508) 926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email: bbachrach@bowditch.com
>>>
>>> ----- Original Message -----
>>> From: "David Amos" david.raymond.amos@gmail.com
>>> To: "Rob Talach" rtalach@ledroitbeckett.com
>>> Sent: Tuesday, June 12, 2012 10:59 PM
>>> Subject: Re: Attn Robert Talach and I should talk ASAP about my
>>> suing the Catholic Church Trust that Bastarache knows why
>>>
>>> The date stamp on about page 134 of this old file of mine should
>>> mean a lot to you
>>>
>>> http://www.checktheevidence.
>>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Wed, 21 Nov 2012 15:37:08 -0400
>>> Subject: To Hell with the KILLER COP Gilles Moreau What say you NOW
>>> Bernadine Chapman??
>>> To: Gilles.Moreau@rcmp-grc.gc.ca, phil.giles@statcan.ca,
>>> maritme_malaise@yahoo.ca, Jennifer.Nixon@ps-sp.gc.ca,
>>> bartman.heidi@psic-ispc.gc.ca, Yves.J.Marineau@rcmp-grc.gc.ca
>>> david.paradiso@erc-cee.gc.ca, desaulniea@smtp.gc.ca,
>>> denise.brennan@tbs-sct.gc.ca, anne.murtha@vac-acc.gc.ca,
>>> webo@xplornet.com, julie.dickson@osfi-bsif.gc.ca,
>>> rod.giles@osfi-bsif.gc.ca, flaherty.j@parl.gc.ca,
>>> toewsv1@parl.gc.ca, Nycole.Turmel@parl.gc.ca,Cleme
>>> maritime_malaise@yahoo.ca,
>>> >> oig@sec.gov, whistleblower@finra.org, whistle@fsa.gov.uk,
>>> david@fairwhistleblower.ca
>>> Cc: j.kroes@interpol.int, david.raymond.amos@gmail.com,
>>> bernadine.chapman@rcmp-grc.gc.
>>> Juanita.Peddle@rcmp-grc.gc.ca, oldmaison@yahoo.com,
>>> Wayne.Lang@rcmp-grc.gc.ca, Robert.Trevors@gnb.ca,
>>> ian.fahie@rcmp-grc.gc.ca>
>>>
>>> http://www.rcmp-grc.gc.ca/nb/
>>>
>>> http://nb.rcmpvet.ca/
>>>
>>> From: Gilles Moreau Gilles.Moreau@rcmp-grc.gc.ca
>>> Date: Wed, 21 Nov 2012 08:03:22 -0500
>>> Subject: Re: Lets ee if the really nasty Newfy Lawyer Danny Boy
>>> Millions will explain this email to you or your boss Vic Toews EH
>>> Constable Peddle???
>>> To: David Amos motomaniac333@gmail.com
>>>
>>> Please cease and desist from using my name in your emails.
>>>
>>> Gilles Moreau, Chief Superintendent, CHRP and ACC Director General
>>> HR Transformation
>>> 73 Leikin Drive, M5-2-502
>>> Ottawa, Ontario K1A 0R2
>>>
>>> Tel 613-843-6039
>>> Cel 613-818-6947
>>>
>>> Gilles Moreau, surintendant principal, CRHA et ACC Directeur général
>>> de la Transformation des ressources humaines
>>> 73 Leikin, pièce M5-2-502
>>> Ottawa, ON K1A 0R2
>>>
>>> tél 613-843-6039
>>> cel 613-818-6947
>>> gilles.moreau@rcmp-grc.gc.ca
>>>
>
> >>
> >>
> http://davidraymondamos3.
> >>
> >>
> >> Sunday, 19 November 2017
> >> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
> >> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
> >> The Supreme Court
> >>
> >>
> https://decisions.fct-cf.gc.
> >>
> >>
> >> Federal Court of Appeal Decisions
> >>
> >> Amos v. Canada
> >> Court (s) Database
> >>
> >> Federal Court of Appeal Decisions
> >> Date
> >>
> >> 2017-10-30
> >> Neutral citation
> >>
> >> 2017 FCA 213
> >> File numbers
> >>
> >> A-48-16
> >> Date: 20171030
> >>
> >> Docket: A-48-16
> >> Citation: 2017 FCA 213
> >> CORAM:
> >>
> >> WEBB J.A.
> >> NEAR J.A.
> >> GLEASON J.A.
> >>
> >>
> >> BETWEEN:
> >> DAVID RAYMOND AMOS
> >> Respondent on the cross-appeal
> >> (and formally Appellant)
> >> and
> >> HER MAJESTY THE QUEEN
> >> Appellant on the cross-appeal
> >> (and formerly Respondent)
> >> Heard at Fredericton, New Brunswick, on May 24, 2017.
> >> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
> >> REASONS FOR JUDGMENT BY:
> >>
> >> THE COURT
> >>
> >>
> >>
> >> Date: 20171030
> >>
> >> Docket: A-48-16
> >> Citation: 2017 FCA 213
> >> CORAM:
> >>
> >> WEBB J.A.
> >> NEAR J.A.
> >> GLEASON J.A.
> >>
> >>
> >> BETWEEN:
> >> DAVID RAYMOND AMOS
> >> Respondent on the cross-appeal
> >> (and formally Appellant)
> >> and
> >> HER MAJESTY THE QUEEN
> >> Appellant on the cross-appeal
> >> (and formerly Respondent)
> >> REASONS FOR JUDGMENT BY THE COURT
> >>
> >> I. Introduction
> >>
> >> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
> >> filed a 53-page Statement of Claim (the Claim) in Federal Court
> >> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
> >> in damages and a public apology from the Prime Minister and Provincial
> >> Premiers for being illegally barred from accessing parliamentary
> >> properties and seeks a declaration from the Minister of Public Safety
> >> that the Canadian Government will no longer allow the Royal Canadian
> >> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
> >> (Claim at para. 96).
> >>
> >> [2] On November 12, 2015 (Docket T-1557-15), by way of a
> >> motion brought by the Crown, a prothonotary of the Federal Court (the
> >> Prothonotary) struck the Claim in its entirety, without leave to
> >> amend, on the basis that it was plain and obvious that the Claim
> >> disclosed no reasonable claim, the Claim was fundamentally vexatious,
> >> and the Claim could not be salvaged by way of further amendment (the
> >> Prothontary’s Order).
> >>
> >>
> >> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
> >> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
> >> Court (the Judge), reviewing the matter de novo, struck all of Mr.
> >> Amos’ claims for relief with the exception of the claim for damages
> >> for being barred by the RCMP from the New Brunswick legislature in
> >> 2004 (the Federal Court Judgment).
> >>
> >>
> >> [4] Mr. Amos appealed and the Crown cross-appealed the
> >> Federal Court Judgment. Further to the issuance of a Notice of Status
> >> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
> >> As such, the only matter before this Court is the Crown’s
> >> cross-appeal.
> >>
> >>
> >> II. Preliminary Matter
> >>
> >> [5] Mr. Amos, in his memorandum of fact and law in
> >> relation to the cross-appeal that was filed with this Court on March
> >> 6, 2017, indicated that several judges of this Court, including two of
> >> the judges of this panel, had a conflict of interest in this appeal.
> >> This was the first time that he identified the judges whom he believed
> >> had a conflict of interest in a document that was filed with this
> >> Court. In his notice of appeal he had alluded to a conflict with
> >> several judges but did not name those judges.
> >>
> >> [6] Mr. Amos was of the view that he did not have to
> >> identify the judges in any document filed with this Court because he
> >> had identified the judges in various documents that had been filed
> >> with the Federal Court. In his view the Federal Court and the Federal
> >> Court of Appeal are the same court and therefore any document filed in
> >> the Federal Court would be filed in this Court. This view is based on
> >> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
> >> c. F-7:
> >>
> >>
> >> 5(4) Every judge of the Federal Court is, by virtue of his or her
> >> office, a judge of the Federal Court of Appeal and has all the
> >> jurisdiction, power and authority of a judge of the Federal Court of
> >> Appeal.
> >> […]
> >>
> >> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
> >> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
> >> les juges de la Cour d’appel fédérale.
> >> […]
> >> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
> >> that office, a judge of the Federal Court and has all the
> >> jurisdiction, power and authority of a judge of the Federal Court.
> >>
> >> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
> >> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
> >> juges de la Cour fédérale.
> >>
> >>
> >> [7] However, these subsections only provide that the
> >> judges of the Federal Court are also judges of this Court (and vice
> >> versa). It does not mean that there is only one court. If the Federal
> >> Court and this Court were one Court, there would be no need for this
> >> section.
> >> [8] Sections 3 and 4 of the Federal Courts Act provide
> >> that:
> >> 3 The division of the Federal Court of Canada called the Federal Court
> >> — Appeal Division is continued under the name “Federal Court of
> >> Appeal” in English and “Cour d’appel fédérale” in French. It is
> >> continued as an additional court of law, equity and admiralty in and
> >> for Canada, for the better administration of the laws of Canada and as
> >> a superior court of record having civil and criminal jurisdiction.
> >>
> >> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
> >> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
> >> français et « Federal Court of Appeal » en anglais. Elle est maintenue
> >> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
> >> Canada, propre à améliorer l’application du droit canadien, et
> >> continue d’être une cour supérieure d’archives ayant compétence en
> >> matière civile et pénale.
> >> 4 The division of the Federal Court of Canada called the Federal Court
> >> — Trial Division is continued under the name “Federal Court” in
> >> English and “Cour fédérale” in French. It is continued as an
> >> additional court of law, equity and admiralty in and for Canada, for
> >> the better administration of the laws of Canada and as a superior
> >> court of record having civil and criminal jurisdiction.
> >>
> >> 4 La section de la Cour fédérale du Canada, appelée la Section de
> >> première instance de la Cour fédérale, est maintenue et dénommée «
>>> Cour fédérale » en français et « Federal Court » en anglais. Elle est
> >> maintenue à titre de tribunal additionnel de droit, d’equity et
> >> d’amirauté du Canada, propre à améliorer l’application du droit
> >> canadien, et continue d’être une cour supérieure d’archives ayant
> >> compétence en matière civile et pénale.
> >>
> >>
> >> [9] Sections 3 and 4 of the Federal Courts Act create
> >> two separate courts – this Court (section 3) and the Federal Court
> >> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
> >> Court were automatically also filed in this Court, then there would no
> >> need for the parties to prepare and file appeal books as required by
> >> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
> >> to any appeal from a decision of the Federal Court. The requirement to
> >> file an appeal book with this Court in relation to an appeal from a
> >> decision of the Federal Court makes it clear that the only documents
> >> that will be before this Court are the documents that are part of that
> >> appeal book.
> >>
> >>
> >> [10] Therefore, the memorandum of fact and law filed on
> >> March 6, 2017 is the first document, filed with this Court, in which
> >> Mr. Amos identified the particular judges that he submits have a
> >> conflict in any matter related to him.
> >>
> >>
> >> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
> >> before the Federal Court seeking an order “affirming or denying the
> >> conflict of interest he has” with a number of judges of the Federal
> >> Court. A judge of the Federal Court issued a direction noting that if
> >> Mr. Amos was seeking this order in relation to judges of the Federal
> >> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
> >> Mr. Amos raised the Federal Court motion at the hearing of this
> >> cross-appeal. The Federal Court motion is not a motion before this
> >> Court and, as such, the submissions filed before the Federal Court
> >> will not be entertained. As well, since this was a motion brought
> >> before the Federal Court (and not this Court), any documents filed in
> >> relation to that motion are not part of the record of this Court.
> >>
> >>
> >> [12] During the hearing of the appeal Mr. Amos alleged that
> >> the third member of this panel also had a conflict of interest and
> >> submitted some documents that, in his view, supported his claim of a
> >> conflict. Mr. Amos, following the hearing of his appeal, was also
> >> afforded the opportunity to provide a brief summary of the conflict
> >> that he was alleging and to file additional documents that, in his
> >> view, supported his allegations. Mr. Amos submitted several pages of
> >> documents in relation to the alleged conflicts. He organized the
> >> documents by submitting a copy of the biography of the particular
> >> judge and then, immediately following that biography, by including
> >> copies of the documents that, in his view, supported his claim that
> >> such judge had a conflict.
> >>
> >>
> >> [13] The nature of the alleged conflict of Justice Webb is
> >> that before he was appointed as a Judge of the Tax Court of Canada in
> >> 2006, he was a partner with the law firm Patterson Law, and before
> >> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
> >> had a number of disputes with Patterson Palmer and Patterson Law and
> >> therefore Justice Webb has a conflict simply because he was a partner
> >> of these firms. Mr. Amos is not alleging that Justice Webb was
> >> personally involved in or had any knowledge of any matter in which Mr.
> >> Amos was involved with Justice Webb’s former law firm – only that he
> >> was a member of such firm.
> >>
> >>
> >> [14] During his oral submissions at the hearing of his
> >> appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
> >> focused on dealings between himself and a particular lawyer at
> >> Patterson Law. However, none of the documents submitted by Mr. Amos at
> >> the hearing or subsequently related to any dealings with this
> >> particular lawyer nor is it clear when Mr. Amos was dealing with this
> >> lawyer. In particular, it is far from clear whether such dealings were
> >> after the time that Justice Webb was appointed as a Judge of the Tax
> >> Court of Canada over 10 years ago.
> >>
> >>
> >> [15] The documents that he submitted in relation to the
> >> alleged conflict for Justice Webb largely relate to dealings between
> >> Byron Prior and the St. John’s Newfoundland and Labrador office of
> >> Patterson Palmer, which is not in the same province where Justice Webb
> >> practiced law. The only document that indicates any dealing between
> >> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
> >> who was a partner in the St. John’s NL office of Patterson Palmer. The
> >> affidavit is dated January 24, 2005 and refers to a number of e-mails
> >> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
> >> letter that is addressed to four individuals, one of whom is John
> >> Crosbie who was counsel to the St. John’s NL office of Patterson
> >> Palmer. The letter is dated September 2, 2004 and is addressed to
> >> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
> >> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
> >> possible lawsuit against Patterson Palmer.
> >> [16] Mr. Amos’ position is that simply because Justice Webb
> >> was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
> >> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
> >> 259, the Supreme Court of Canada noted that disqualification of a
> >> judge is to be determined based on whether there is a reasonable
> >> apprehension of bias:
> >> 60 In Canadian law, one standard has now emerged as the
> >> criterion for disqualification. The criterion, as expressed by de
> >> Grandpré J. in Committee for Justice and Liberty v. National Energy
> >> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
> >> reasonable apprehension of bias:
> >> … the apprehension of bias must be a reasonable one, held by
> >> reasonable and right minded persons, applying themselves to the
> >> question and obtaining thereon the required information. In the words
> >> of the Court of Appeal, that test is "what would an informed person,
> >> viewing the matter realistically and practically -- and having thought
> >> the matter through -- conclude. Would he think that it is more likely
> >> than not that [the decision-maker], whether consciously or
> >> unconsciously, would not decide fairly."
> >>
> >> [17] The issue to be determined is whether an informed
> >> person, viewing the matter realistically and practically, and having
> >> thought the matter through, would conclude that Mr. Amos’ allegations
> >> give rise to a reasonable apprehension of bias. As this Court has
> >> previously remarked, “there is a strong presumption that judges will
> >> administer justice impartially” and this presumption will not be
> >> rebutted in the absence of “convincing evidence” of bias (Collins v.
> >> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
> >> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
> >> (4th) 193).
> >>
> >> [18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
> >> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
> >> Court of Canada refused, 32285 (August 1, 2007)), addressed the
> >> particular issue of whether a judge is disqualified from hearing a
> >> case simply because he had been a member of a law firm that was
> >> involved in the litigation that was now before that judge. The Ontario
> >> Court of Appeal determined that the judge was not disqualified if the
> >> judge had no involvement with the person or the matter when he was a
> >> lawyer. The Ontario Court of Appeal also explained that the rules for
> >> determining whether a judge is disqualified are different from the
> >> rules to determine whether a lawyer has a conflict:
> >> 27 Thus, disqualification is not the natural corollary to a
> >> finding that a trial judge has had some involvement in a case over
> >> which he or she is now presiding. Where the judge had no involvement,
> >> as here, it cannot be said that the judge is disqualified.
> >>
> >>
> >> 28 The point can rightly be made that had Mr. Patterson been
> >> asked to represent the appellant as counsel before his appointment to
> >> the bench, the conflict rules would likely have prevented him from
> >> taking the case because his firm had formerly represented one of the
> >> defendants in the case. Thus, it is argued how is it that as a trial
> >> judge Patterson J. can hear the case? This issue was considered by the
> >> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
> >> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
> >> there is no inflexible rule governing the disqualification of a judge
> >> and that, "[e]verything depends on the circumstances."
> >>
> >>
> >> 29 It seems to me that what appears at first sight to be an
> >> inconsistency in application of rules can be explained by the
> >> different contexts and in particular, the strong presumption of
> >> judicial impartiality that applies in the context of disqualification
> >> of a judge. There is no such presumption in cases of allegations of
> >> conflict of interest against a lawyer because of a firm's previous
> >> involvement in the case. To the contrary, as explained by Sopinka J.
> >> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
> >> for sound policy reasons there is a presumption of a disqualifying
> >> interest that can rarely be overcome. In particular, a conclusory
> >> statement from the lawyer that he or she had no confidential
> >> information about the case will never be sufficient. The case is the
> >> opposite where the allegation of bias is made against a trial judge.
> >> His or her statement that he or she knew nothing about the case and
> >> had no involvement in it will ordinarily be accepted at face value
> >> unless there is good reason to doubt it: see Locabail, at para. 19.
> >>
> >>
> >> 30 That brings me then to consider the particular circumstances
> >> of this case and whether there are serious grounds to find a
> >> disqualifying conflict of interest in this case. In my view, there are
> >> two significant factors that justify the trial judge's decision not to
> >> recuse himself. The first is his statement, which all parties accept,
> >> that he knew nothing of the case when it was in his former firm and
> >> that he had nothing to do with it. The second is the long passage of
> >> time. As was said in Wewaykum, at para. 85:
> >> To us, one significant factor stands out, and must inform
> >> the perspective of the reasonable person assessing the impact of this
> >> involvement on Binnie J.'s impartiality in the appeals. That factor is
> >> the passage of time. Most arguments for disqualification rest on
> >> circumstances that are either contemporaneous to the decision-making,
> >> or that occurred within a short time prior to the decision-making.
> >> 31 There are other factors that inform the issue. The Wilson
> >> Walker firm no longer acted for any of the parties by the time of
> >> trial. More importantly, at the time of the motion, Patterson J. had
> >> been a judge for six years and thus had not had a relationship with
> >> his former firm for a considerable period of time.
> >>
> >>
> >> 32 In my view, a reasonable person, viewing the matter
> >> realistically would conclude that the trial judge could deal fairly
> >> and impartially with this case. I take this view principally because
> >> of the long passage of time and the trial judge's lack of involvement
> >> in or knowledge of the case when the Wilson Walker firm had carriage.
> >> In these circumstances it cannot be reasonably contended that the
> >> trial judge could not remain impartial in the case. The mere fact that
> >> his name appears on the letterhead of some correspondence from over a
> >> decade ago would not lead a reasonable person to believe that he would
> >> either consciously or unconsciously favour his former firm's former
> >> client. It is simply not realistic to think that a judge would throw
> >> off his mantle of impartiality, ignore his oath of office and favour a
> >> client - about whom he knew nothing - of a firm that he left six years
> >> earlier and that no longer acts for the client, in a case involving
> >> events from over a decade ago.
> >> (emphasis added)
> >>
> >> [19] Justice Webb had no involvement with any matter
> >> involving Mr. Amos while he was a member of Patterson Palmer or
> >> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
> >> clear during the hearing of this matter that the only reason for the
> >> alleged conflict for Justice Webb was that he was a member of
> >> Patterson Law and Patterson Palmer. This is simply not enough for
> >> Justice Webb to be disqualified. Any involvement of Mr. Amos with
> >> Patterson Law while Justice Webb was a member of that firm would have
> >> had to occur over 10 years ago and even longer for the time when he
> >> was a member of Patterson Palmer. In addition to the lack of any
> >> involvement on his part with any matter or dispute that Mr. Amos had
> >> with Patterson Law or Patterson Palmer (which in and of itself is
> >> sufficient to dispose of this matter), the length of time since
> >> Justice Webb was a member of Patterson Law or Patterson Palmer would
> >> also result in the same finding – that there is no conflict in Justice
> >> Webb hearing this appeal.
> >>
> >> [20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
> >> (2d) 260, the Manitoba Court of Appeal found that there was no
> >> reasonable apprehension of bias when a judge, who had been a member of
> >> the law firm that had been retained by the accused, had no involvement
> >> with the accused while he was a lawyer with that firm.
> >>
> >> [21] In Del Zotto v. Minister of National Revenue, [2000] 4
> >> F.C. 321, 257 N.R. 96, this court did find that there would be a
> >> reasonable apprehension of bias where a judge, who while he was a
> >> lawyer, had recorded time on a matter involving the same person who
> >> was before that judge. However, this case can be distinguished as
> >> Justice Webb did not have any time recorded on any files involving Mr.
> >> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
> >>
> >> [22] Mr. Amos also included with his submissions a CD. He
> >> stated in his affidavit dated June 26, 2017 that there is a “true copy
> >> of an American police surveillance wiretap entitled 139” on this CD.
> >> He has also indicated that he has “provided a true copy of the CD
> >> entitled 139 to many American and Canadian law enforcement authorities
> >> and not one of the police forces or officers of the court are willing
> >> to investigate it”. Since he has indicated that this is an “American
> >> police surveillance wiretap”, this is a matter for the American law
> >> enforcement authorities and cannot create, as Mr. Amos suggests, a
> >> conflict of interest for any judge to whom he provides a copy.
> >>
> >> [23] As a result, there is no conflict or reasonable
> >> apprehension of bias for Justice Webb and therefore, no reason for him
> >> to recuse himself.
> >>
> >> [24] Mr. Amos alleged that Justice Near’s past professional
> >> experience with the government created a “quasi-conflict” in deciding
> >> the cross-appeal. Mr. Amos provided no details and Justice Near
> >> confirmed that he had no prior knowledge of the matters alleged in the
> >> Claim. Justice Near sees no reason to recuse himself.
> >>
> >> [25] Insofar as it is possible to glean the basis for Mr.
> >> Amos’ allegations against Justice Gleason, it appears that he alleges
> >> that she is incapable of hearing this appeal because he says he wrote
> >> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
> >> both Justice Gleason and Mr. Mulroney were partners in the law firm
> >> Ogilvy Renault, LLP. The letter in question, which is rude and angry,
> >> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
> >> you and your little dogs too”. There is no indication that the letter
> >> was ever responded to or that a law suit was ever commenced by Mr.
> >> Amos against Mr. Mulroney. In the circumstances, there is no reason
> >> for Justice Gleason to recuse herself as the letter in question does
> >> not give rise to a reasonable apprehension of bias.
> >>
> >>
> >> III. Issue
> >>
> >> [26] The issue on the cross-appeal is as follows: Did the
> >> Judge err in setting aside the Prothonotary’s Order striking the Claim
> >> in its entirety without leave to amend and in determining that Mr.
> >> Amos’ allegation that the RCMP barred him from the New Brunswick
> >> legislature in 2004 was capable of supporting a cause of action?
> >>
> >> IV. Analysis
> >>
> >> A. Standard of Review
> >>
> >> [27] Following the Judge’s decision to set aside the
> >> Prothonotary’s Order, this Court revisited the standard of review to
> >> be applied to discretionary decisions of prothonotaries and decisions
> >> made by judges on appeals of prothonotaries’ decisions in Hospira
> >> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
> >> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
> >> this Court replaced the Aqua-Gem standard of review with that
> >> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
> >> [Housen]. As a result, it is no longer appropriate for the Federal
> >> Court to conduct a de novo review of a discretionary order made by a
> >> prothonotary in regard to questions vital to the final issue of the
> >> case. Rather, a Federal Court judge can only intervene on appeal if
> >> the prothonotary made an error of law or a palpable and overriding
> >> error in determining a question of fact or question of mixed fact and
> >> law (Hospira at para. 79). Further, this Court can only interfere with
> >> a Federal Court judge’s review of a prothonotary’s discretionary order
> >> if the judge made an error of law or palpable and overriding error in
> >> determining a question of fact or question of mixed fact and law
> >> (Hospira at paras. 82-83).
> >>
> >> [28] In the case at bar, the Judge substituted his own
> >> assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
> >> must look to the Prothonotary’s Order to determine whether the Judge
> >> erred in law or made a palpable and overriding error in choosing to
> >> interfere.
> >>
> >>
> >> B. Did the Judge err in interfering with the
> >> Prothonotary’s Order?
> >>
> >> [29] The Prothontoary’s Order accepted the following
> >> paragraphs from the Crown’s submissions as the basis for striking the
> >> Claim in its entirety without leave to amend:
> >>
> >> 17. Within the 96 paragraph Statement of Claim, the Plaintiff
> >> addresses his complaint in paragraphs 14-24, inclusive. All but four
> >> of those paragraphs are dedicated to an incident that occurred in 2006
> >> in and around the legislature in New Brunswick. The jurisdiction of
> >> the Federal Court does not extend to Her Majesty the Queen in right of
> >> the Provinces. In any event, the Plaintiff hasn’t named the Province
> >> or provincial actors as parties to this action. The incident alleged
> >> does not give rise to a justiciable cause of action in this Court.
> >> (…)
> >>
> >>
> >> 21. The few paragraphs that directly address the Defendant
> >> provide no details as to the individuals involved or the location of
> >> the alleged incidents or other details sufficient to allow the
> >> Defendant to respond. As a result, it is difficult or impossible to
> >> determine the causes of action the Plaintiff is attempting to advance.
> >> A generous reading of the Statement of Claim allows the Defendant to
> >> only speculate as to the true and/or intended cause of action. At
> >> best, the Plaintiff’s action may possibly be summarized as: he
> >> suspects he is barred from the House of Commons.
> >> [footnotes omitted].
> >>
> >>
> >> [30] The Judge determined that he could not strike the Claim
> >> on the same jurisdictional basis as the Prothonotary. The Judge noted
> >> that the Federal Court has jurisdiction over claims based on the
> >> liability of Federal Crown servants like the RCMP and that the actors
> >> who barred Mr. Amos from the New Brunswick legislature in 2004
> >> included the RCMP (Federal Court Judgment at para. 23). In considering
> >> the viability of these allegations de novo, the Judge identified
> >> paragraph 14 of the Claim as containing “some precision” as it
> >> identifies the date of the event and a RCMP officer acting as
> >> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
> >> para. 27).
> >>
> >>
> >> [31] The Judge noted that the 2004 event could support a
> >> cause of action in the tort of misfeasance in public office and
> >> identified the elements of the tort as excerpted from Meigs v. Canada,
> >> 2013 FC 389, 431 F.T.R. 111:
> >>
> >>
> >> [13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
> >> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
> >> determine whether the plaintiffs’ statement of claim pleads each
> >> element of the alleged tort of misfeasance in public office:
> >>
> >> a) The public officer must have engaged in deliberate and unlawful
> >> conduct in his or her capacity as public officer;
> >>
> >> b) The public officer must have been aware both that his or her
> >> conduct was unlawful and that it was likely to harm the plaintiff; and
> >>
> >> c) There must be an element of bad faith or dishonesty by the public
> >> officer and knowledge of harm alone is insufficient to conclude that a
> >> public officer acted in bad faith or dishonestly.
> >> Odhavji, above, at paras 23, 24 and 28
> >> (Federal Court Judgment at para. 28).
> >>
> >> [32] The Judge determined that Mr. Amos disclosed sufficient
> >> material facts to meet the elements of the tort of misfeasance in
> >> public office because the actors, who barred him from the New
> >> Brunswick legislature in 2004, including the RCMP, did so for
> >> “political reasons” (Federal Court Judgment at para. 29).
> >>
> >> [33] This Court’s discussion of the sufficiency of pleadings
> >> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
> >> D.L.R (4th) 301 is particularly apt:
> >>
> >> …When pleading bad faith or abuse of power, it is not enough to
> >> assert, baldly, conclusory phrases such as “deliberately or
> >> negligently,” “callous disregard,” or “by fraud and theft did steal”.
> >> “The bare assertion of a conclusion upon which the court is called
> >> upon to pronounce is not an allegation of material fact”. Making bald,
> >> conclusory allegations without any evidentiary foundation is an abuse
> >> of process…
>>>
> >> To this, I would add that the tort of misfeasance in public office
> >> requires a particular state of mind of a public officer in carrying
> >> out the impunged action, i.e., deliberate conduct which the public
> >> officer knows to be inconsistent with the obligations of his or her
> >> office. For this tort, particularization of the allegations is
> >> mandatory. Rule 181 specifically requires particularization of
> >> allegations of “breach of trust,” “wilful default,” “state of mind of
> >> a person,” “malice” or “fraudulent intention.”
>>> (at paras. 34-35, citations omitted).
> >>
> >> [34] Applying the Housen standard of review to the
> >> Prothonotary’s Order, we are of the view that the Judge interfered
> >> absent a legal or palpable and overriding error.
> >>
> >> [35] The Prothonotary determined that Mr. Amos’ Claim
> >> disclosed no reasonable claim and was fundamentally vexatious on the
> >> basis of jurisdictional concerns and the absence of material facts to
> >> ground a cause of action. Paragraph 14 of the Claim, which addresses
> >> the 2004 event, pleads no material facts as to how the RCMP officer
> >> engaged in deliberate and unlawful conduct, knew that his or her
> >> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
> >> faith. While the Claim alleges elsewhere that Mr. Amos was barred from
> >> the New Brunswick legislature for political and/or malicious reasons,
> >> these allegations are not particularized and are directed against
> >> non-federal actors, such as the Sergeant-at-Arms of the Legislative
> >> Assembly of New Brunswick and the Fredericton Police Force. As such,
> >> the Judge erred in determining that Mr. Amos’ allegation that the RCMP
> >> barred him from the New Brunswick legislature in 2004 was capable of
> >> supporting a cause of action.
> >>
> >> [36] In our view, the Claim is made up entirely of bare
> >> allegations, devoid of any detail, such that it discloses no
> >> reasonable cause of action within the jurisdiction of the Federal
> >> Courts. Therefore, the Judge erred in interfering to set aside the
> >> Prothonotary’s Order striking the claim in its entirety. Further, we
> >> find that the Prothonotary made no error in denying leave to amend.
> >> The deficiencies in Mr. Amos’ pleadings are so extensive such that
> >> amendment could not cure them (see Collins at para. 26).
> >>
> >> V. Conclusion
> >> [37] For the foregoing reasons, we would allow the Crown’s
> >> cross-appeal, with costs, setting aside the Federal Court Judgment,
> >> dated January 25, 2016 and restoring the Prothonotary’s Order, dated
> >> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
> >> without leave to amend.
> >> "Wyman W. Webb"
> >> J.A.
> >> "David G. Near"
> >> J.A.
> >> "Mary J.L. Gleason"
> >> J.A.
> >>
> >>
> >>
> >> FEDERAL COURT OF APPEAL
> >> NAMES OF COUNSEL AND SOLICITORS OF RECORD
> >>
> >> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
> >> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
> >> DOCKET:
> >>
> >> A-48-16
> >>
> >>
> >>
> >> STYLE OF CAUSE:
> >>
> >> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
> >>
> >>
> >>
> >> PLACE OF HEARING:
> >>
> >> Fredericton,
> >> New Brunswick
> >>
> >> DATE OF HEARING:
> >>
> >> May 24, 2017
> >>
> >> REASONS FOR JUDGMENT OF THE COURT BY:
> >>
> >> WEBB J.A.
> >> NEAR J.A.
> >> GLEASON J.A.
> >>
> >> DATED:
> >>
> >> October 30, 2017
> >>
> >> APPEARANCES:
> >> David Raymond Amos
> >>
> >>
> >> For The Appellant / respondent on cross-appeal
> >> (on his own behalf)
> >>
> >> Jan Jensen
> >>
> >>
> >> For The Respondent / appELLANT ON CROSS-APPEAL
> >>
> >> SOLICITORS OF RECORD:
> >> Nathalie G. Drouin
> >> Deputy Attorney General of Canada
> >>
> >> For The Respondent / APPELLANT ON CROSS-APPEAL
> >>
> >
> >
> >
> > ---------- Forwarded message ----------
> > From: David Amos <david.raymond.amos333@gmail.
> > Date: Tue, 21 Jan 2020 13:33:00 -0400
> > Subject: Re: Notice of Harassment I am certain that Rob Moore and the
> > RCMP can explain my concerns with questionable lawyers and their
> > actions CORRECT?
> > To: Pantea Jafari <jafari@jafarilaw.ca>
> > Cc: David Amos <motomaniac333@gmail.com>, Tugrul Pinar
> > <admin@jafarilaw.ca>, "mgreene@sgimm.ca" <mgreene@sgimm.ca>,
> > "media@blaineimmigration.com" <media@blaineimmigration.com>,
> > "Sophia.Harris" <Sophia.Harris@cbc.ca>, "Bill.Blair"
> > <Bill.Blair@parl.gc.ca>, "Bill.Morneau" <Bill.Morneau@canada.ca>,
> > "Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>, "martin.gaudet"
> > <martin.gaudet@fredericton.ca>
> > <mark.vespucci@ci.irs.gov>, "jan.jensen@justice.gc.ca"
> > <jan.jensen@justice.gc.ca>, mcu <mcu@justice.gc.ca>, "carl.urquhart"
> > <carl.urquhart@gnb.ca>, pm <pm@pm.gc.ca>, "Gerald.Butts"
> > <Gerald.Butts@pmo-cpm.gc.ca>, "Katie.Telford"
> > <Katie.Telford@pmo-cpm.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>,
> > washington field <washington.field@ic.fbi.gov>, "Brenda.Lucki"
> > <Brenda.Lucki@rcmp-grc.gc.ca>, "Boston.Mail" <Boston.Mail@ic.fbi.gov>,
> > "barbara.massey" <barbara.massey@rcmp-grc.gc.ca
> >
> > ---------- Forwarded message ----------
> > From: Barbara Massey <Barbara.Massey@rcmp-grc.gc.ca
> > Date: Tue, 21 Jan 2020 12:28:58 -0500
> > Subject: Re: Notice of Harassment (Out of Office )
> > To: David Amos <david.raymond.amos333@gmail.
> >
> > I am out of the office until Wednesday, January 22, 2020, and will not
> > be accessing my Emails. For any urgencies, you may contact Jolene
> > Harvey, General Counsel @ 613 843 4892., or my admin assistant, Sandra
> > Lofaro 613 843 3540..
> >
> > ------------------------------
> >
> > Je suis absent du bureau jusqu'au 22 janvier 2020, et je n'accéderai à
> > mes courriéls. Pour toute urgence,.vous pouvez communiquer avec Jolene
> > Harvey, Avocate générale, au 613 843 4892 ou avec mon adjointe admin.
> > Sandra Lofaro 613 843 3540.
> >
> >
> >
> > ---------- Forwarded message ----------
> > From: "Moore, Rob - M.P." <Rob.Moore@parl.gc.ca>
> > Date: Tue, 21 Jan 2020 17:28:33 +0000
> > Subject: Automatic reply: Notice of Harassment
> > To: David Amos <david.raymond.amos333@gmail.
> >
> > On behalf of the Honourable Rob Moore, P.C., M.P. thank you for your
> > email. Our office appreciates the time you took to get in touch with
> > our office. Due to the high volume of email correspondence our office
> > receives, below is a guide on how your email will be responded to:
> >
> > Constituent of Fundy Royal:
> >
> > The constituents of Fundy Royal are our office’s priority. Please
> > ensure to include your full contact details on your email and the
> > appropriate staff will be able to action your request. We strive to
> > ensure all constituent correspondence is responded to in a timely
> > manner.
> >
> > If your query is case related (i.e. immigration, CPP, EI, CRA, etc.),
> > consent forms will need to be filled out before your file can be
> > activated. If you have not yet filled out our office’s consent form, a
> > staff member will be in contact with you.
> >
> > If your question or concern is time sensitive, please call our office:
> > 506-832-4200.
> >
> > Event Invitations and Meeting Requests:
> >
> > If you have sent meeting request or an event invitation, we sincerely
> > appreciate the kind request and we will check his availability to see
> > if his schedule can accommodate.
> >
> > Invitations for Fundy Royal are managed in the riding office and
> > Ottawa based events and meetings are managed from the Parliamentary
> > office. The appropriate staff will follow up on your request.
> >
> > Non-Constituent Enquiries:
> >
> > If you are not a Fundy Royal resident, given the high volume of emails
> > we receive, your email will be reviewed and filed as INFORMATION.
> >
> > If the email is Critic portfolio in nature, it will be responded to
> > as necessary.
> >
> > Again, we sincerely appreciate you taking the time to contact the
> > office of the Honourable Rob Moore.
> >
> > ---------- Forwarded message ----------
> > From: "MinFinance / FinanceMin (FIN)"
> > <fin.minfinance-financemin.
> > Date: Tue, 21 Jan 2020 17:28:22 +0000
> > Subject: RE: Notice of Harassment
> > To: David Amos <david.raymond.amos333@gmail.
> >
> > The Department of Finance acknowledges receipt of your electronic
> > correspondence. Please be assured that we appreciate receiving your
> > comments.
> >
> > Le ministère des Finances accuse réception de votre correspondance
> > électronique. Soyez assuré(e) que nous apprécions recevoir vos
> > commentaires.
> >
> > ---------- Original message ----------
> > From: Jody.Wilson-Raybould@parl.gc.
> > Date: Fri, 2 Nov 2018 10:55:46 +0000
> > Subject: Automatic reply: Here is the latest malicious trick pulled by
> > CBC for the benefit of the LIEbranos just before the confidence vote
> > on Brian Gallant
> > To: motomaniac333@gmail.com
> >
> > Thank you for writing to the Honourable Jody Wilson-Raybould, Member
> > of Parliament for Vancouver Granville.
> >
> > This message is to acknowledge that we are in receipt of your email.
> > Due to the significant increase in the volume of correspondence, there
> > may be a delay in processing your email. Rest assured that your
> > message will be carefully reviewed.
> >
> > To help us address your concerns more quickly, please include within
> > the body of your email your full name, address, and postal code.
> >
> > Please note that your message will be forwarded to the Department of
> > Justice if it concerns topics pertaining to the member's role as the
> > Minister of Justice and Attorney General of Canada. For all future
> > correspondence addressed to the Minister of Justice, please write
> > directly to the Department of Justice at
> > mcu@justice.gc.ca<mailto:mcu@
> >
> > Thank you
> >
> > -------------------
> >
> > Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de
> > Vancouver Granville.
> >
> > Le pr?sent message vise ? vous informer que nous avons re?u votre
> > courriel. En raison d'une augmentation importante du volume de
> > correspondance, il pourrait y avoir un retard dans le traitement de
> > votre courriel. Sachez que votre message sera examin? attentivement.
> >
> > Pour nous aider ? r?pondre ? vos pr?occupations plus rapidement,
> > veuillez inclure dans le corps de votre courriel votre nom complet,
> > votre adresse et votre code postal.
> >
> > Veuillez prendre note que votre message sera transmis au minist?re de
> > la Justice s'il porte sur des sujets qui rel?vent du r?le de la
> > d?put?e en tant que ministre de la Justice et procureure g?n?rale du
> > Canada. Pour toute correspondance future adress?e ? la ministre de la
> > Justice, veuillez ?crire directement au minist?re de la Justice ?
> > mcu@justice.gc.ca ou appelez au 613-957-4222.
> >
> > Merci
> >
> >
> >
> > ---------- Original message ----------
> > From: "Jensen, Jan" <jan.jensen@justice.gc.ca>
> > Date: Fri, 2 Nov 2018 10:55:11 +0000
> > Subject: Automatic reply: Here is the latest malicious trick pulled by
> > CBC for the benefit of the LIEbranos just before the confidence vote
> > on Brian Gallant
> > To: David Amos <motomaniac333@gmail.com>
> >
> > I will be away from the office and not returning until Monday,
> > November 5th, 2018. If you require immediate assistance, please
> > contact my assistant at (902) 407 7461.
> >
> >
> >
> > ---------- Original message ----------
> > From: Newsroom <newsroom@globeandmail.com>
> > Date: Fri, 2 Nov 2018 10:55:43 +0000
> > Subject: Automatic reply: Here is the latest malicious trick pulled by
> > CBC for the benefit of the LIEbranos just before the confidence vote
> > on Brian Gallant
> > To: David Amos <motomaniac333@gmail.com>
> >
> > Thank you for contacting The Globe and Mail.
> >
> > If your matter pertains to newspaper delivery or you require technical
> > support, please contact our Customer Service department at
> > 1-800-387-5400 or send an email to customerservice@globeandmail.
> >
> > If you are reporting a factual error please forward your email to
> > publiceditor@globeandmail.com<
> >
> > Letters to the Editor can be sent to letters@globeandmail.com
> >
> > This is the correct email address for requests for news coverage and
> > press releases.
> >
> >
> >
> >
> > ---------- Original message ----------
> > From: David Amos <motomaniac333@gmail.com>
> > Date: Fri, 2 Nov 2018 06:55:07 -0400
> > Subject: Here is the latest malicious trick pulled by CBC for the
> > benefit of the LIEbranos just before the confidence vote on Brian
> > Gallant
> > To: "terry.seguin" <terry.seguin@cbc.ca>, "Alex.Johnston"
> > <Alex.Johnston@cbc.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>,
> > Hon.ralph.goodale@canada.ca, "Pierre.Paul-Hus.a1"
> > <Pierre.Paul-Hus.a1@parl.gc.ca
> > <pierre.poilievre.a1@parl.gc.
> > ps.publicsafetymcu-
> > <ralph.goodale@parl.gc.ca>, mcu <mcu@justice.gc.ca>,
> > "Jody.Wilson-Raybould" <Jody.Wilson-Raybould@parl.gc.
> > "clare.barry" <clare.barry@justice.gc.ca>, "david.hansen"
> > <david.hansen@justice.gc.ca>, Newsroom <Newsroom@globeandmail.com>,
> > "Dale.Morgan" <Dale.Morgan@rcmp-grc.gc.ca>, "david.eidt"
> > <david.eidt@gnb.ca>, "serge.rousselle" <serge.rousselle@gnb.ca>,
> > "brian.gallant" <brian.gallant@gnb.ca>, "David.Coon"
> > <David.Coon@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
> > lorri.warner@justice.gc.ca, "jan.jensen" <jan.jensen@justice.gc.ca>,
> > "Nathalie.Drouin" <Nathalie.Drouin@justice.gc.ca
> > <bill.pentney@justice.gc.ca>, "andrew.baumberg"
> > <andrew.baumberg@fct-cf.gc.ca>
> > <Norman.Sabourin@cjc-ccm.gc.ca
> > "marc.giroux" <marc.giroux@fja-cmf.gc.ca>, "Brenda.Lucki"
> > <Brenda.Lucki@rcmp-grc.gc.ca>, "Liliana.Longo"
> > <Liliana.Longo@rcmp-grc.gc.ca>
> > <washington.field@ic.fbi.gov>, "Boston.Mail" <Boston.Mail@ic.fbi.gov>,
> > english@rcinet.ca, "kennedy.stewart" <kennedy.stewart@parl.gc.ca>,
> > pvanloan@airdberlis.com, nicola.diiorio@bcf.ca, "Nicola.DiIorio"
> > <Nicola.DiIorio@parl.gc.ca>, "Catherine.Tait" <Catherine.Tait@cbc.ca>,
> > "sylvie.gadoury" <sylvie.gadoury@radio-canada.
> > <Sophia.Harris@cbc.ca>
> > Cc: David Amos <david.raymond.amos333@gmail.
> > <macpherson.don@dailygleaner.
> > <David.Akin@globalnews.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
> > news919 <news919@rogers.com>, sfine <sfine@globeandmail.com>, news
> > <news@hilltimes.com>, news <news@kingscorecord.com>, newstips
> > <newstips@cnn.com>
> >
> > ethinks after all my phone calls emails, tweets, blogs and lawsuit CBC
> > and Brian Galllant can never claim that they didn't know the score
> > N'esy Pas?
> >
> >
> > ---------- Original message ----------
> > From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
> > Date: Mon, 22 Oct 2018 13:11:27 +0000
> > Subject: RE: Not long after CBC closed a comment section and erased
> > one of my comments I hear Terry Seguin talking to Sophia Harris about
> > money and shook my head
> > To: David Amos <motomaniac333@gmail.com>
> >
> > Thank you for writing to the Premier of New Brunswick. Please be
> > assured that your email will be reviewed.
> >
> > If this is a media request, please forward your email to
> > media-medias@gnb.ca<mailto:med
> >
> > ******************************
> >
> > Nous vous remercions d’avoir communiqué avec le premier ministre du
> > Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
> >
> > Si ceci est une demande médiatique, prière de la transmettre à
> > media-medias@gnb.ca<mailto:med
> >
>
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