Wednesday 5 April 2023

Independent MLA Elizabeth Smith-McCrossin challenges constitutionality of motion to oust her


---------- Original message ----------
From: Justice Minister <JUSTMIN@novascotia.ca>
Date: Tue, 6 Jul 2021 17:19:07 +0000
Subject: Automatic reply: MLA Weekly Update and Decision Announcement
(Case Ref: ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin
cannot read but I certainly can N'esy Pas Higgy?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the Minister of Justice. Please be assured
that it has been received by the Department. Your email will be
reviewed and addressed accordingly. Thank you.
 
 
---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 6 Dec 2021 23:02:50 +0000
Subject: RE: Methinks Elizabeth Smith-McCrossin and your buddy Chucky
Leblanc should be clever enough to understand why the LIEbranos
continue to have these blogs taken down N'esy Pas Higgy?
To: David Amos <david.raymond.amos333@gmail.com>

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Re: Update from Elizabeth Smith-McCrossin (Case Ref: ES3077) Why have you ignored my lawsuit???

David Amos

<david.raymond.amos333@gmail.com>
Wed, Apr 5, 2023 at 6:52 PM
To: Elizabeth Smith-McCrossin MLA <mla@esmithmccrossinmla.com>, PREMIER <PREMIER@gov.ns.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>


---------- Forwarded message ----------
From: Premier <PREMIER@novascotia.ca>
Date: Wed, 5 Apr 2023 21:42:58 +0000
Subject: Thank you for your email
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to Premier Houston. This is an automatic
confirmation your message has been received.

As we are currently experiencing higher than normal volumes of
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If you are looking for the most up-to-date information from the
Government of Nova Scotia please visit:
http://novascotia.ca<http://novascotia.ca/>

Thank you,

Premier’s Correspondence Team

On 4/5/23, David Amos <david.raymond.amos333@gmail.com> wrote:
> On 4/5/23, Elizabeth Smith-McCrossin MLA <mla@esmithmccrossinmla.com>
> wrote:
>>
>>
>> Dear David Amos
>>
>> The&nbsp;Spring Session of the Nova Scotia Legislature&nbsp;is in
>> Session,
>> and I have been spending the last few weeks in Halifax representing the
>> people of Cumberland North.&nbsp;I have tabled 13 Bills, Legislation, all
>> with ideas to improve health care and other important issues.&nbsp;
>>
>> Here is a link:&nbsp;
>> https://nslegislature.ca/members/profiles/elizabeth-smith-mccrossin/bills
>>
>> Most of you will know from following me through social media and other
>> sources that I have a sincere interest in finding ways to protect victims
>> of
>> family violence and sexual assault. Victims seek me for advice when they
>> find themselves in often unimaginable situations.
>> That is one of the reasons why I have supported Bill 144, the
>> Non-Disclosure
>> Agreements Act, as tabled in the House of Assembly by NDP leader Claudia
>> Chender in April 2022.
>>
>> https://nslegislature.ca/legc/bills/64th_1st/1st_read/b144.htm
>>
>>
>> When Ms. Chender tabled a petition on March 28, 2023, from the
>> group,&nbsp;Can&rsquo;t Buy My Silence, I took the opportunity to
>> introduce
>> Bill #278, entitled &quot;An Act Prohibiting Non-disclosure Agreements
>> (NDAs) With Political Parties&quot;.&nbsp;
>>
>> https://nslegislature.ca/legc/bills/64th_1st/1st_read/b278.htm
>>
>> The next day, my MLA colleagues allowed my bill to be debated on
>> Opposition
>> Day. Debating that bill as I did was difficult for me &ndash; perhaps
>> more
>> than any other I have introduced &ndash; because it felt personal. That
>> said, I felt compelled to speak to a wrong. I spoke the truth as it was
>> told
>> to me.&nbsp;&nbsp;
>>
>> Following the debate, the Minister of Community Services, Karla
>> MacFarlane,
>> took exception to my comments. Subsequently, with the support of the
>> Premier, she introduced a Notice of Motion that calls for my removal from
>> the House of Assembly unless I retract my comments and apologize. Because
>> the government has a majority in the House, they can make that happen.
>>
>> Today the government can call that motion to be debated and remove me
>> from
>> my seat despite being democratically elected by the people of Cumberland
>> North.&nbsp;There is no precedent for such an action. Upon researching
>> the
>> history of removing elected officials from Nova Scotia and across Canada,
>> this would be the first time anyone has ever been removed in a situation
>> such as this.&nbsp;
>>
>> Yesterday (April 4th), my lawyer forwarded correspondence to the Minister
>> of
>> Justice indicating that I would be taking legal action against the
>> government because we believed what they were proposing is
>> unconstitutional.
>> Because I am the duly elected member from Cumberland North, we canvassed
>> the
>> applicable laws. We concluded that a legislature member&#39;s right to
>> freedom of speech is protected. Just because the government doesn&rsquo;t
>> like what I said, that is not a valid reason to remove a democratically
>> elected MLA.&nbsp;
>>
>> As I write this message, I remain hopeful the government will not call
>> their
>> Notice of Motion for debate and will remove it from the order
>> paper.&nbsp;
>>
>> I remain committed to serving you, the people of Cumberland North,&nbsp;
>>
>> Sincerely,&nbsp;
>>
>> Elizabeth Smith-McCrossin
>> &nbsp;
>> &nbsp;
>>
>> If you wish to unsubscribe please contact Daniel.Gould@novascotia.ca
>> &nbsp;
>>
>> Elizabeth Smith-McCrossin MBA, BScN
>> Cumberland North MLA&nbsp;
>> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
>> Excellence in Health care is my priority
>>
>> If you are looking for work in Health care please join one of our teams
>> in
>> Cumberland,&nbsp;
>> For more information please contact me and take a look at these links:
>>
>> Cumberland Regional (Close to Amherst)
>> Hospital:&nbsp;https://amhersthealthcarerecruitment.ca/
>>
>> &nbsp;Pugwash Hospital (brand new facility summer 2023)
>> :&nbsp;https://pugwashhealthcare.ca/
>>
>>
>>
>>
>


 
 
 

Independent MLA Elizabeth Smith-McCrossin challenges constitutionality of motion to oust her

Liberal leader calls move 'tyrannical' and vows to fight motion 'using every tool that we have'

The only Independent member of the Nova Scotia Legislature, Elizabeth Smith-McCrossin, is challenging the constitutionality of a motion put forward by a cabinet minister threatening to oust her for statements she made in the House last week.

The MLA for Cumberland North accused the PC caucus she was ejected from in June 2021 of coercing a female staffer into signing a non-disclosure agreement when she left her job in 2018. Smith-McCrossin then tabled a document she claimed was that agreement.

On Monday, Community Services Minister Karla MacFarlane introduced a motion that called on Smith-McCrossin to retract her comments and apologize, or else be removed from the chamber until she complies. 

MacFarlane, who became interim leader after Jamie Baillie was removed for "inappropriate behaviour" toward a female staffer, called Smith-McCrossin's allegations false.

The NDA "is non-existent," said MacFarlane. "It does not exist in our files or anywhere because it didn't happen."

On Tuesday, a lawyer acting on Smith-McCrossin's behalf notified the Justice Department that the motion was "unconstitutional."

'It's a very undemocratic step to have me removed'

"It's quite a step to, and I believe — and so does my lawyer — that it's very undemocratic step to have me removed," Smith-McCrossin told reporters outside the legislative chamber. 

"I've been elected by the people of Cumberland North to be here in this legislature, to represent them, to be their voice, and I believe that I should be able to do so, based on democracy."

Justice Minister Brad Johns refused to comment on the move.

A man with grey hair wears a dark grey blazer with a striped shirt and dark blue tie. He is standing near an entranceway. Nova Scotia Premier Tim Houston said Tuesday he wasn't sure when the motion would be debated in the legislature. (CBC)

Premier Tim Houston was noncommittal when asked by a reporter if his government planned to call the motion for debate Wednesday, the first possible opportunity.

"We'll see," said Houston, who suggested the motion might already have achieved its objective.

"You know, it was important that we put the motion [forward] to put some of the facts on the table," said Houston. "We thought that was important, at that time. It's now on the record."

A man with short brown hair wears a grey jacket with a burgundy tie. He is standing in a hallway. Nova Scotia Liberal Leader Zach Churchill says his party will oppose the motion to remove Smith-McCrossin. (CBC)

MacFarlane offered a similar view.

"Actually the motion [Monday] was to simply hoping that she would retract her incorrect statements and make an apology, and set the record straight," said MacFarlane. "That was an opportunity."

Although sounding conciliatory, the Houston government has extended the schedule for Wednesday's sitting by five and a half hours, perhaps in anticipation of a lengthy debate, if the motion is called.

Liberal Leader Zach Churchill said his caucus would use "every legislative tool" at its disposal to fight the motion and delay its passage. 

"If a majority government thinks that they can expel a member, stop them from voting, stop them from debating because they don't agree with what they're saying, that's tyrannical," said Churchill. "Think of the precedent that it sets."

"What if you have a government in there that has the ability to kick somebody out on a confidence vote.... It has serious ramifications that I don't think the government has fully thought through."

A woman with dark curly hair wears a white blazer with a black top. She is standing in a hallway. Nova Scotia NDP Leader Claudia Chender told reporters that a drastic step such as ousting an MLA from the legislature is usually reserved for criminal cases. (CBC)

Although less combative in tone, NDP Leader Claudia Chender also said her caucus would oppose the motion.

"I think it's really clear that it's an overreach by this party," Chender told reporters. "The notice of motion explicitly asks for the member to be removed from the chamber. The only precedent that we have for that is criminal conduct of a member.

"It's an incredibly powerful tool and one that I think any government, particularly a majority government should do their best never to use."

ABOUT THE AUTHOR


Jean Laroche

Reporter

Jean Laroche has been a CBC reporter since 1987. He's been covering Nova Scotia politics since 1995 and has been at Province House longer than any sitting member.

CBC's Journalistic Standards and Practices
 

N.S. government says no legal action over social media post on woman’s hospital death

The department sent an email Friday to Elizabeth Smith-McCrossin, the Independent member for Cumberland North, advising her to take down a letter on her Facebook page that she had written to Health Minister Michelle Thompson.

“The email did threaten to take legal action against me if I did not remove the post,” Smith-McCrossin told reporters on Monday.

As of Tuesday, the letter was still on her Facebook page. It names 37-year-old Allison Holthoff and describes her as a wife and mother of three who died at the Cumberland Regional Health Centre on Dec. 31.

In an emailed statement late Tuesday, the department expressed its sympathy to the Holthoff family and said it respects the right of members of the legislature to advocate on behalf of their constituents.

It said its message to Smith-McCrossin had been about the importance of respecting personal health information, adding that “it was not clear from the MLA’s letter that they had the permission of their constituent to share this information.”

There was no indication that the department attempted to find that out, and a spokeswoman in Smith-McCrossin’s office said the department did not inquire before sending its warning Friday.

“Given that the family has made the information public, no further action is being considered,” the department said Tuesday.

Read more: N.S. woman dies after waiting 7 hours in hospital ER, family demands answers

The Justice Department’s Friday email, obtained following a request to Smith-McCrossin’s office, advises her that health information is protected under the personal Health Information Act and Freedom of Information and Protection of Privacy Act.

“I am drawing this to your attention so you can consider whether you would like to remove personal health information details from your posted correspondence and limit further disclosure of this personal information,” wrote Michelle Higgins, executive director of the department’s legal services division.

“If the personal health information continues to be disseminated on social media, we will consider all available legal options.”

Smith-McCrossin has said she was just doing her job in advocating for a constituent. She said Holthoff’s husband, Gunter Holthoff, came to her looking for help on Jan. 3. The letter to the health minister was posted three days later.

Gunter Holthoff and his 37-year-old wife, Allison, are shown in this undated handout photo. Allison Holthoff died New Year’s Eve after she was taken to the emergency room at the Cumberland Regional Health Care Centre, in Amherst, N.S. Gunter Holthoff and his 37-year-old wife, Allison, are shown in this undated handout photo. Allison Holthoff died New Year’s Eve after she was taken to the emergency room at the Cumberland Regional Health Care Centre, in Amherst, N.S. THE CANADIAN PRESS/HO-Gunter Holthoff

Holthoff has since told his wife’s story to several media outlets and provided details of her final hours in hospital.

He said that he took his wife to the hospital when she collapsed in extreme pain after complaining of an upset stomach at their home near Amherst, N.S., around 11 a.m. on Dec. 31.

After being triaged by hospital staff, she waited more than six hours in the emergency department before she was taken to a room inside the unit, he said.

It was another hour before she saw a doctor and received pain treatment.

She later died after doctors determined her condition had deteriorated to the point where she couldn’t be helped. Her cause of death has not been released.

Nova Scotia’s health authority is conducting a review of what happened at the hospital.

This report by The Canadian Press was first published Jan. 10, 2023May be an image of text

N.S. MLA planning legal action after calls to remove her over NDA debate

Posted April 4, 2023 4:07 pm
 

Last week, Smith-McCrossin tabled legislation aimed at prohibiting the misuse of NDAs, specifically for victims of sexual assault and harassment.

During second reading of the bill, Smith-McCrossin said it was personal and alleged that one of her former employees was “coerced” into signing an NDA with the Progressive Conservative caucus.

The MLA said she introduced the legislation in honour of the woman, who was a junior staffer with the PC caucus at the time. The woman, who later worked for Smith-McCrossin, died unexpectedly at the age of 33 last June. CBC reported her death was due to a brain hemorrhage.

 

The alleged incident is said to have happened in 2018, when Smith-McCrossin was still a member of the PC caucus. In January of that year, then-PC leader Jamie Baillie was forced to quit after an investigation found he had acted inappropriately and breached the legislature’s policy on workplace harassment.

Read more: Jamie Baillie resigns as Tory leader and MLA for Cumberland South

Smith-McCrossin tabled an unsigned copy of the alleged NDA, which she said she found after her employee’s death.

The province’s current community services minister, Karla MacFarlane, was the interim leader of the party at the time, but she denied having any knowledge of an NDA ever being used.

“There was no disclosure agreements at all between the caucus, between any individual,” she told reporters last week. “I know for certain I did not sign anything.”

And on Monday, MacFarlane said Smith-McCrossin “misled” the house, and made a notice of motion that Smith-McCrossin not be allowed to take her seat until she apologizes and retracts her statements.

In response, Smith-McCrossin said “I only speak the truth.”

Karla MacFarlane said Smith-McCrossin ‘misled’ the house and the PC caucus is ‘very upset’ with the allegations. Karla MacFarlane said Smith-McCrossin ‘misled’ the house and the PC caucus is ‘very upset’ with the allegations. Reynold Gregor/Global News

Tuesday afternoon, MacFarlane again insisted that the alleged NDA “never, ever” came from the caucus, herself, or anyone she knew. She called the situation “discouraging and frustrating” and said the caucus is “very upset” with the allegations.

MacFarlane said the intent of her notice of motion was not to expel Smith-McCrossin, but in hopes she would “retract her incorrect statements and make an apology.”

“The step was simply to set the record straight and have a conversation – one that the individual will not have outside the chamber, unfortunately,” she said. “I am totally open to having that conversation, setting the record straight.”

Daughter was ‘ghosted,’ parents say

The parents of Kaitlin Saxton, the former staffer, said in a statement that while their daughter is gone, they feel they “should come forward in one final attempt to lay this to rest.”

Katherine and Michael Saxton alleged their daughter was coerced into signing the NDA, “but what was worse for her was the total abandonment she endured from her ‘friends’ in the caucus office.”

It said she was “ghosted,” “treated like a pariah,” and was “just beginning to live again” when she began working for Smith-McCrossin.

“Sadly her life ended abruptly. Kait was smart, beautiful, compassionate and funny. Our lives will never be the same,” the statement said.

Province says NDAs are a ‘complex issue’

Opposition leaders have questioned the government, asking whether a conflict of interest is keeping the party from moving the NDA bill forward.

Last April, when the NDP first tabled their bill on the matter, the government seemed to be supportive — but in the fall, Justice Minister Brad Johns told reporters it was not a priority.

Read more: N.S. NDP introduces bill restricting non-disclosure agreements for harassment cases

During question period Tuesday, Liberal leader Zach Churchill asked if the government was considering legislation to restrict the use of NDAs “whose intent is to protect perpetrators, and not victims of sexual assault and harassment.”

Premier Tim Houston responded that he agreed NDAs should “not be used to silence victims of sexual assault,” but added that the province is hearing from “two sides.”

“This is a very complex issue, we’ve had a number, now, of people reach out from the other side, talking about why they may have entered into one of these,” he said. “We have to honour those victims as well.

“We’re doing the research, we’re listening to both sides, we’re taking the issue very seriously.”

 
 

Obituary for Kaitlin "Kait" Saxton

Kaitlin "Kait"  Saxton With heavy, heavy hearts, we announce the sudden passing of Kaitlin Mary Page Saxton, our beautiful, beloved baby girl. Kait was the youngest daughter of Michael and Kathryn Saxton. She was born on a stormy day in Halifax after a treacherous drive from Truro on February 3, 1989. She is survived by her parents; her brother, Mike and her sisters, Amy and Johanna; her niece, Bella; aunts, uncles, and cousins too numerous to mention and her companion and confidante, Vinny - the Great Pyrenees.

Kait was highly intelligent, witty, and beautiful from the inside out. She was an accomplished pianist from the age of six. To quote her piano teacher, “Her music was joyful and came from her heart.” Kait was an exceptional skier from the age of three excelling as a racer and a much-loved ski instructor at Ski Wentworth. She was a natural mediator praised for her skills from a very young age. Kait participated in the peer mediator program in elementary school and honed her skills throughout her short life. She was a loyal friend blessed with varied friendships, remembering everyone’s birthday from playschool onward. She had a great sense of humour, a lilting voice, and a contagious laugh.

Kait attended Dalhousie University and graduated with a BA in Political Science. She worked as a Page at the N.S. Legislature in her final year at Dal which eventually led to a job in the Conservative Caucus office in Halifax where she worked diligently for approximately seven years. She worked from October of last year for the Independent MLA in Amherst, Elizabeth Smith-McCrossin. She loved her job and bonded quickly with Elizabeth, who treated Kait with respect and dignity. She was Legislative and Communications Director doing what she truly loved.

She died too young, but in her generous spirit, donated her organs. She gave so much to everyone she met. Kait was kind, compassionate, loyal, smart, loving, and wise beyond her years. She will be missed by all whose lives she touched. We loved her dearly. We are devastated by our loss.

Donations may be made to a charity of choice.

A Celebration of Life will be held on Sunday, June 19th from 2-4pm in Colchester Community Funeral Home, 512 Willow St., Truro, NS. A social gathering will take place after 4pm at the Saxton home, 345 Wentworth Station Road. Everyone welcome.

 

Methinks Elizabeth Smith-McCrossin and your buddy Chucky Leblanc should be clever enough to understand why the LIEbranos continue to have these blogs taken down N'esy Pas Higgy?

David Amos

<david.raymond.amos333@gmail.com>
Mon, Dec 6, 2021 at 7:00 PM
To: mla@esmithmccrossinmla.com, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@ontario.ca>, Office of the Premier <scott.moe@gov.sk.ca>, PREMIER <PREMIER@gov.ns.ca>, michelle.stevens@novascotia.ca, heather.fairbairn@novascotia.ca, elizabeth.macdonald@novascotia.ca, Gary.Andrea@novascotia.ca, dkogon@amherst.ca, jmacdonald@amherst.ca, darrell.cole@amherstnews.ca, lifestyle@thecoast.ca, tmccoag@amherst.ca, Newsroom <Newsroom@globeandmail.com>, mcu <mcu@justice.gc.ca>, dpike@amherst.ca, "steve.murphy" <steve.murphy@ctv.ca>, JUSTMIN@novascotia.ca, oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>, "jeff.carr" <jeff.carr@gnb.ca>, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "jake.stewart" <jake.stewart@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, Justweb@novascotia.ca, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey" <barbara.massey@rcmp-grc.gc.ca>, "barb.whitenect" <barb.whitenect@gnb.ca>, "Boston.Mail" <Boston.Mail@ic.fbi.gov>, washington field <washington.field@ic.fbi.gov>, "Bill.Blair" <Bill.Blair@parl.gc.ca>


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New Brunswick Premier Blaine Higgs becomes first Politician to be
hunted down for month of December!
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Dec 1, 2021
Charles Leblanc
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Subject: Your post titled "Methinks Elizabeth Smith-McCrossin and
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     We have re-evaluated the post titled "Yo Premier Iain Rankin tell your
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     The Blogger Team



---------- Forwarded message ----------
From: Justice Minister <JUSTMIN@novascotia.ca>
Date: Tue, 6 Jul 2021 17:19:07 +0000
Subject: Automatic reply: MLA Weekly Update and Decision Announcement
(Case Ref: ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin
cannot read but I certainly can N'esy Pas Higgy?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the Minister of Justice. Please be assured
that it has been received by the Department. Your email will be
reviewed and addressed accordingly. Thank you.


---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 6 Jul 2021 17:21:14 +0000
Subject: RE: MLA Weekly Update and Decision Announcement (Case Ref:
ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin cannot read
but I certainly can N'esy Pas Higgy?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
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For general information and answers to common questions on novel
coronavirus please visit:
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Renseignements généraux
Pour obtenir des renseignements généraux et des réponses aux questions
les plus fréquentes sur la COVID-19, veuillez consulter le site
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ou Canada.ca/coronavirus<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.canada.ca%2Ffr%2Fsante-publique%2Fservices%2Fmaladies%2F2019-nouveau-coronavirus.html&data=04%7C01%7CBlaine.Higgs%40gnb.ca%7C0136b42c4b0a43c7736e08d8c6c63f14%7Ce08b7eefb5014a679ed007e38bfccee7%7C0%7C0%7C637477902044032242%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=77IrMQEwU2uBR9l3gMEYpY9xtWjSSfXBGgIMU9PsPig%3D&reserved=0>
ou composer le 1-833-784-4397.

questions de sécurité
Pour les questions de sécurité concernant les lieux de travail ou les
employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775.

DEMANDES POUR RAISONS DE COMPASSION
Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582.

Questions non liées à la santé
Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse
helpaide@gnb.ca<mailto:helpaide@gnb.ca>.

Questions liées aux restrictions de voyage pendant la pandémie de COVID-19 :
Composez le 1-833-948-2800.

SANTÉ MENTALE
Ligne d'aide CHIMO : 1-800-667-5005
Ligne d’écoute d’espoir : 1-855-242-3310

Agence des services frontaliers du Canada
L’Agence a mis en place une ligne d’information sur la COVID-19 pour
les questions concernant la traversée de la frontière, le
1-800-461-9999.

LIGNE D’INFORMATION SUR l'assurance-emploi
Composez le 1-833-381-2725.



Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>



---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 6 Jul 2021 14:18:48 -0300
Subject: Re: MLA Weekly Update and Decision Announcement (Case Ref:
ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin cannot read
but I certainly can N'esy Pas Higgy?
To: mla@esmithmccrossinmla.com, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
"Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "blaine.higgs"
<blaine.higgs@gnb.ca>, premier <premier@ontario.ca>, Office of the
Premier <scott.moe@gov.sk.ca>, PREMIER <PREMIER@gov.ns.ca>,
michelle.stevens@novascotia.ca, heather.fairbairn@novascotia.ca,
elizabeth.macdonald@novascotia.ca, Gary.Andrea@novascotia.ca,
dkogon@amherst.ca, jmacdonald@amherst.ca, darrell.cole@amherstnews.ca,
lifestyle@thecoast.ca, tmccoag@amherst.ca, Newsroom
<Newsroom@globeandmail.com>, mcu <mcu@justice.gc.ca>,
dpike@amherst.ca, "steve.murphy" <steve.murphy@ctv.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, JUSTMIN
<JUSTMIN@novascotia.ca>, Justweb@novascotia.ca, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey"
<barbara.massey@rcmp-grc.gc.ca>, "barb.whitenect"
<barb.whitenect@gnb.ca>, "Boston.Mail" <Boston.Mail@ic.fbi.gov>,
washington field <washington.field@ic.fbi.gov>, "Bill.Blair"
<Bill.Blair@parl.gc.ca>

N.S. Premier Iain Rankin addresses impaired driving charges from 2003, 2005
Social Sharing


'I'm very very sorry for my actions half a lifetime ago. I was
selfish, it has not happened since'
Brooklyn Currie · CBC News · Posted: Jul 05, 2021 3:34 PM AT

Premier Iain Rankin publicly addressed an impaired driving charge from
2003 on Monday. (Robert Short/CBC)

Nova Scotia Premier Iain Rankin on Monday publicly acknowledged he was
twice charged with impaired driving nearly two decades ago.

"This is something that is well known amongst my family, my circle of
friends, and my community. And I want all Nova Scotians to hear it
from me," he said at a COVID-19 briefing.

Rankin was charged in 2003, when he was 20, with impaired driving and
driving with a blood-alcohol content over the legal limit, according
to court documents. He was fined and his licence was suspended for a
year.

Two years later, when he was 22, he was charged again with impaired
driving offences, although the case was ultimately dismissed,
according to court records.

"I make no excuses for my behaviour. I was wrong, and I made a bad
decision. I'm very very sorry for my actions half a lifetime ago. I
was selfish, it has not happened since," said Rankin, 38.

The details of the two cases were first reported Monday by the
business and politics news site allnovascotia.com.
2005 conviction, appeal

Rankin said of the 2005 charges that he was "eventually found to be
innocent." He did not elaborate.

Court records indicate, however, that following a trial he was found
guilty of impaired driving, and not guilty of driving with a
blood-alcohol content above the legal limit.

He was sentenced to 14 days in jail to be served on weekends. He was
also handed a two-year driving prohibition and a year's probation that
included the condition that he attend substance abuse assessment and
counselling as directed by a probation officer.

His conviction was overturned on appeal on January 9, 2007, and a
retrial was ordered. The Crown offered no evidence, and the charge was
dismissed, according to court records.

On Sept. 5, 2003, Rankin pleaded guilty in provincial court to having
a blood-alcohol level exceeding 0.08, after being charged two weeks
earlier.

His sentence included an order prohibiting him from driving for one
year, a one-year licence suspension and a $1,200 fine.
Information disclosed to Liberals in 2013

Rankin said he disclosed the charges to then-premier Stephen McNeil,
and the Nova Scotia Liberal Party, when he first ran in the riding of
Timberlea-Prospect in 2013, and again when he decided last fall to run
for the Liberal leadership.

It's the first time Rankin has disclosed the information publicly in
front of news cameras and journalists.

He said his declaration came after discussions of the charges were
raised internally earlier Monday, but he would not elaborate, calling
it "immaterial."

A reporter for allnovascotia.com, Brian Flinn, confirmed to CBC News
he was the journalist asking questions about the charges. He said he
emailed the premier's office earlier Monday afternoon but did not hear
anything until the COVID-19 briefing.

Rankin's father, Reg Rankin, who served on Halifax regional council,
also has a history of being charged with impaired driving.


https://www.cbc.ca/news/canada/nova-scotia/halifax-coun-reg-rankin-charged-with-impaired-driving-1.2588655

Halifax Coun. Reg Rankin charged with impaired driving

Mayor Mike Savage says he's disappointed, says Rankin 'needs to reflect'
CBC News · Posted: Mar 27, 2014 12:53 PM AT | Last Updated: March 27, 2014
An RCMP vehicle outside of Reg Rankin's house on Wednesday. (CBC)

Halifax Regional Municipality Mayor Mike Savage says he's disappointed
to learn a member of the regional council has been charged with
impaired driving.

Reg Rankin, the councillor for Timberlea-Beechville-Clayton Park
West​, was arrested for impaired driving after a car struck his house
in Timberlea on Wednesday night.

Rankin told CBC News on Thursday he was charged the previous night
with impaired driving, but said he had no other comment.
Three years ago, Reg Rankin took a leave of absence from Halifax
regional council to seek professional help and medical treatment.
(CBC)

Savage said Rankin is likely aware of how serious a situation he finds himself.

"I was disappointed, obviously, when I heard about it," Savage said
Thursday. "But I don't want to prejudge the circumstances of it. We
need to do some more information gathering. Reg needs to reflect."

Nova Scotia RCMP were called to a house located at 82 Maplewood Dr. at
around 4:30 p.m. on Wednesday after reports that a car had driven into
the Timberlea home. According to property records, the house belongs
to Rankin and his wife.

Nearly three years ago, Rankin took a leave of absence from Halifax
regional council to seek professional help and medical treatment. The
reason was not disclosed.

Rankin is scheduled to appear in court on May 5 on the impaired driving charge.

He has been issued a temporary licence for seven days to get his
affairs in order, after which he will be barred from driving for three
months.

CBC's Journalistic Standards and Practices

---------- Forwarded message ----------
From: mla@esmithmccrossinmla.com
Date: Tue, 06 Jul 2021 16:31:17 +0000 (UTC)
Subject: MLA Weekly Update and Decision Announcement (Case Ref: ES3077)
To: david.raymond.amos333@gmail.com


Dear David Amos

MLA Weekly Update&nbsp;

Date Tuesday July 6th, 2021

My Mission as MLA for Cumberland North

Serve the people&nbsp;
Build Unity &amp; Trust&nbsp;
Influence Legislation &amp; public policy
For the greater good.&nbsp;
Educate and Build Capacity
Promote the people and area,&nbsp;
Build a world-class health care system&nbsp;
And improve population health.

I have some news to share to start the week.

I don&rsquo;t know when Iain Rankin is going to call the next election.

But I do know this.

When Iain Rankin calls the election, I will be running as an
Independent candidate for re-election as MLA for Cumberland North.

You, the good people of Cumberland North know me.

You know I will always put your priorities first.

I will always fight for you.

No apologies.

Running as an Independent outside of party politics isn&rsquo;t easy.

If the people of Cumberland North continue to stand by me, I will
continue to fight for you.

For better health care.

For regional co-operation to keep our borders open.

For getting rid of the Cobequid Pass tolls.

For supporting local food and the farmers who make it happen.

I&rsquo;m the only candidate in Cumberland North who doesn&rsquo;t
have to answer to a party leader in Halifax.

I&rsquo;m not a career politician.&nbsp;&nbsp;I&rsquo;m a registered
nurse.&nbsp;&nbsp;I have owned and operated my own
businesses.&nbsp;&nbsp;I have put people to work and met a payroll.

Above all, I&rsquo;m a fighter who doesn&rsquo;t back down.

With your support, let&rsquo;s put the people of Cumberland North first.&nbsp;

I learned at a young age to stand my ground and I am not about to
change now.&nbsp;


Last Week in Politics&nbsp;

Last week my staff and I worked with constituents on many matters of
importance such as lack of family physicians, housing, roads, Covid
rules and restrictions, NS NB Border, addictions and mental health and
more.&nbsp;

I continue to work with Municipal partners on various projects
throughout Cumberland North,&nbsp;


This Week In Politics

Local
This week I will be meeting with constituents to continue to work on
ongoing projects for family physician recruitment and addictions and
mental illness recovery projects.&nbsp;

National
The Borders are opening between Canada and US this week for fully
vaccinated persons.&nbsp;
We also see the toll of the wild fires in British Colombia.
Heartbreaking to see the devastation and deaths from the deadly
fires.&nbsp;


Pandemic Update&nbsp;

Vaccine

Vaccination for the Covid-19 virus continues to be the main tool we
have to prevent illness and death. If you require assistance to book
your Covid19 vaccine please call my office and my staff can provide
you with some help. Our office phone number is 902-661-2288.&nbsp;

NS has only 26.1 % of the population with 2nd doses of vaccine while
NB has 39.6% of the population vaccinated with 2nd doses. NB also
vaccinates persons with medical conditions that deems them high risk
but our NS government refuses.&nbsp;

Nova Scotia&nbsp;

NS has 53 active cases of Covid19 as of Monday morning with 3 new
cases being identified on Sunday. No one in ICU in the entire province
and only 3 people in hospital.&nbsp;

https://novascotia.ca/coronavirus/data/


New Brunswick&nbsp;

NB has 21 active cases of Covid-19 as of Monday morning with only 1
new case identified on Sunday. NB has no one in ICU and 4 persons on
hospital with Covid infections.&nbsp;

https://experience.arcgis.com/experience/8eeb9a2052d641c996dba5de8f25a8aa



Birthdays

Monday Ashleigh Coffin and Sheila Rushton
Tuesday Laura Wells
Wednesday Mal MacDonald
Thursday Kittee Baxter and Carl LeBlanc
Friday Chuck MacInnis
Saturday Krista Cormier and Adrian VanVulpen

Obituaries

Hermina &quot;Mini&quot; Porter

https://www.jonesfamilyfuneralcentre.ca/obituaries/154949


Margaret Ann Myles

https://www.arbormemorial.ca/campbells/obituaries/margaret-ann-myles/68221/

Nova Scotia Starts Here ~ Cumberland&nbsp;

Several months ago I started this campaign emphasizing the importance
of Cumberland County. Nova Scotia does start in Cumberland. Cumberland
is the Gateway for the Atlantic Cooridor and on average 50 million
dollars worth of goods travel through our Gateway. We may only have 3%
of the population of NS but we provide critical infrastructure for NS,
the Maritimes, Canada and the entire Eastern Seaboard.&nbsp;

Never underestimate your value as citizens of Cumberland. We are
important and we will stand for our area of the province. It&rsquo;s
time for Cumberland to receive the respect we deserve and we will grow
and become all that we are meant to be.&nbsp;

Have a great week, take care of yourselves and take care of one another.&nbsp;

Take care,&nbsp;
Elizabeth&nbsp;
&nbsp;

Elizabeth Smith-McCrossin MBA, BScN
Cumberland North MLA&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Live everyday to the fullest and love as much as humanly possible.


---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 29 Jun 2021 00:50:26 +0000
Subject: RE: Yo Higgy Methinks the ex RCMP dude Minister Furey should
quit playng as dumb as you always do N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.


If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>


Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

On 6/28/21, David Amos <david.raymond.amos333@gmail.com> wrote:
> ---------- Forwarded message ----------
> From: Justice Minister <JUSTMIN@novascotia.ca>
> Date: Fri, 25 Jun 2021 16:22:01 +0000
> Subject: Automatic reply: MLA Weekly Update Cumberland North (Case
> Ref: ES3077) Methinks Elizabeth Smith-McCrossin will have to hire her
> own lawyer to agrue me now N'esy Pas?
> To: David Amos <david.raymond.amos333@gmail.com>
>
> Thank you for your email to the Minister of Justice. Please be assured
> that it has been received by the Department. Your email will be
> reviewed and addressed accordingly. Thank you.
>
>
>
> On 6/28/21, David Amos <david.raymond.amos333@gmail.com> wrote:
>> ---------- Forwarded message ----------
>> From: mla@esmithmccrossinmla.com
>> Date: Mon, 28 Jun 2021 20:49:19 +0000 (UTC)
>> Subject: MLA Constituency Update for Cumberland North  (Case Ref: ES3077)
>> To: david.raymond.amos333@gmail.com
>>
>>
>>
>> Dear David Amos
>>
>> MLA Weekly Update
>>
>> Date Monday June 28th, 2021
>>
>> My Mission is to:
>>
>> Serve the people&nbsp;
>> Build Unity &amp; Trust&nbsp;
>> Influence Legislation &amp; public policy
>> For the greater good.&nbsp;
>> Educate and Build Capacity
>> Promote the people and area,&nbsp;
>> Build a world-class health care system&nbsp;
>> And improve population health.
>>
>> Before I speak about what happened last week in politics I want to say
>> Congratulations to all the graduates of Cumberland North. It is a very
>> special time in the lives of graduates and their families. Education
>> is so important. I hope they embrace life- long learning. Learning
>> keeps you in a positive space and open doors of opportunity. Hoping
>> for a safe week as well for our graduates.
>>
>> I also want to recognize the pain our country is experiencing as more
>> and more bodies of children are being found in unmarked graves
>> throughout our country. As more and more us come to learn the history
>> and the practices, our hearts break for the Indigenous people whose
>> families were broken. Healing is needed and time for reflection as a
>> country will bring us forward stronger as a Nation; as a People.&nbsp;
>>
>> Last week in Politics:
>>
>> I have had many questions and I would like to take some time to walk
>> through a timeline of what happened. &nbsp;
>>
>> Anyone that listens/reads my weekly MLA update on a regular basis
>> knows the ongoing challenges people face due to the restrictions at
>> the NS NB Border since the State of Emergency was declared on March
>> 22nd, 2020.&nbsp;
>>
>> For the last 15 months there has been much hardship and stress on
>> people living in our border community. Yes, it has been hard on
>> everyone, but exponentially greater on the people and the businesses
>> in Cumberland. Much greater.&nbsp;
>>
>> The local frustration has been escalating and over the past few weeks
>> as Covid cases have been low in NB and NS but border restrictions
>> remained unchanged.&nbsp; While all Nova Scotians could travel freely
>> with no restrictions, the people in Cumberland were still being denied
>> the right to see their families, full access to health care services
>> and businesses such as retail and tourism are locked from their
>> customers.&nbsp;
>>
>>
>> On June 11th Premier Higgs had included Cumberland County in NB
>> reopening plan for their Phase 1.&nbsp;
>>
>> Nova Scotia Premier refused to allow Cumberland to join as a bubble.
>> Neighbouring Green Party MLA Megan Mitton and I had been asking since
>> last November for this. People were devastated when Premier Rankin
>> refused to allow this. I spoke with Rankin personally and emphasized
>> the need for this.&nbsp;
>>
>> On June 15th Premier Iain Rankin moves the opening date for the
>> Atlantic bubble up a week to June 23rd from his previous plan.
>>
>> After June 15th: Iain Rankin signs-off on a massive $18 million
>> marketing campaign to incent tourists from Atlantic Canada (mostly NB)
>> to book a trip to NS. Families planned for reunion with families for
>> June 23rd (last Wednesday), for they have been separated since
>> November 20th, nearly 7 months, many often living 10 minutes
>> apart.&nbsp;
>>
>> June 22nd at 2pm Premier Iain Rankin kicks New Brunswick out of the
>> bubble the day before it is scheduled to open without even a courtesy
>> call and adds new complicated NS NB Border rules.&nbsp;
>>
>> Premier Rankin slapped the people here in the face at the 11th hour,
>> once again using the border and the people here as his political
>> pawns. The news spread quickly. I immediately I started getting
>> messages from angry irate constituents saying enough was enough and
>> they were going to shut down the highway. I knew the Premier was doing
>> his press conference at 3pm. I thought long and hard for 30 minutes.
>>
>> I decided I needed to take a stand for the people and at 2:55pm did a
>> facebook live video telling the Premier what was going to happen if he
>> did not backtrack on his flip flop decision to once again stop
>> families from seeing one another. I believed he should know what was
>> going to happen and give him a chance to make it right. I was angry
>> when I did the video. I was indignant for the people whom Premier
>> Rankin is using as his political pawns.&nbsp;
>>
>> I made a decision to stand with the people I represent and I have no
>> regrets.&nbsp;
>>
>> I went to the protest which was forming at exit 7. The protest was
>> there, 30 minutes away from NS NB Border.&nbsp;
>>
>> RCMP were onsite and I stayed in constant communication with them to
>> keep things peaceful.&nbsp;
>>
>> The RCMP officer clearly told me that this was a legal peaceful
>> protest and they would not shut it down and they were there to ensure
>> public safety.&nbsp;
>>
>> A large number of people showed up to protest. A lot of families,
>> including children.&nbsp;
>> What an education they got that day. The right to peaceful protest is
>> part of the Canadian Charter of Rights and Freedoms. We even had a
>> veteran Lorne Baird whom we honoured by clapping after he shared his
>> thoughts. We had a speaker and microphone and gave everyone who wanted
>> an opportunity to speak and share why they were there in
>> protest.&nbsp;
>>
>> RCMP and protestors did allow vehicles through that had children or
>> anyone with medical needs. The RCMP also rerouted traffic around exit
>> 7.&nbsp;
>>
>> During the protest I called Premier Rankin several times and he
>> refused to respond.&nbsp;
>>
>> As time went on, it became evident that he was not going to listen to
>> the needs of our families.&nbsp;
>>
>> RCMP and I spoke and I asked the crowd if they would end the protest.
>> I gave them a commitment that I would travel to Halifax in the morning
>> and request and urgent meeting with the Premier. Almost all people
>> agreed and dispersed. A few people remained and kept one side of the
>> highway closed. The RCMP stayed with them as I left.&nbsp;
>>
>> The next morning I got up and travelled to Halifax. &nbsp;
>>
>> I heard that there was another group protesting at the NS NB Border
>> and the highway was closed with no possible rerouting of traffic. The
>> group leading this closure had been at the other protest and when it
>> ended went to the border. They had been meeting every Sunday for the
>> last 8 weeks at the border protesting and had closed down the highway
>> on at least one occasion. I arrived at One Government Place and was
>> told by the Commissioners that I was not allowed entry into the
>> building. This&nbsp; was a shock to me as MLA&rsquo;s we are normally
>> entry to this building to both have access to the Speaker&rsquo;s
>> Office, Protocol and Premier&rsquo;s office. So I waited outside the
>> building hoping for an appointment. I soon found out that the Premier
>> has left and was in Chester campaigning. While protesters had the NS
>> NB blocked the Premier was ignoring this situation and making funding
>> announcements on the other end of the province. I waited all day. No
>> meeting. The Minister of Health did call me and asked me to call the
>> protesters off but I explained to him the protesters were there on the
>> own free will and not mine. I had called on them twice earlier in the
>> day to open the highway and even spoke with some on the phone with
>> RCMP asking for them to open the TCH and they refused. All morning I
>> received messages and calls of support from various people including
>> my colleagues.&nbsp;
>>
>> Then a few things happened which turned public opinion. The Premier
>> made a negative statement against me and additional protesters from NB
>> joined the blockade who were anti-vaxxers. Although I was not there
>> physically, it appears as though the antivaxxers took over the
>> protest. The media connected me with both the legal peaceful protest
>> at exit 7 the night before and the illegal blockade that happened on
>> Wednesday with the anti-vaxxers. Even though I was not connected, the
>> leader of the PC demanded that I sign a public apology taking full
>> responsibility for the blockade on Wednesday. I refused to do so. I
>> will not accept responsibility for others decisions. The leader of the
>> PC Party made a decision Thursday before noon to remove me from the
>> party. I was devastated by his decision. I remain a member of the PC
>> Party and believe in the mission and values of the progressive
>> Conservative party. The PC party is part of my extended family
>> throughout the province of Nova Scotia. That doesn&rsquo;t change
>> because one person isn&rsquo;t willing to stand with me for what is
>> right for the people I was elected to represent. If I signed a fake
>> apology to appease the leader I would have compromised my own
>> integrity and would not have stayed true to the people in Cumberland.
>> How could I sign this in Halifax and then come home and hide myself in
>> shame? No, I will come home and stand proudly with the people I
>> represent, shoulder to shoulder.&nbsp;
>>
>> The number one question I&rsquo;ve been getting is: &ldquo;Elizabeth,
>> how are you doing?&rdquo;
>>
>> Believe it or not, more than anything, I feel grateful:
>>
>> - to the people of Cumberland North for all the supportive messages
>> you have sent my way
>> - to my husband of 30 years Dr. Murray McCrossin for his love and
>> patience (As you may have seen, we celebrated our anniversary last
>> weekend!) &nbsp;
>> - to my children, my brothers, sisters, extended family, my friends
>> and my supporters &ndash; inside and outside the constituency
>> - to my constituency staff, Dan and Gladys
>> - to my Cumberland North campaign team&nbsp;
>>
>> When the going gets tough, you truly find out who you can count
>> on.&nbsp; I will never forget who has been there for me.
>>
>> I have received a lot of calls, texts and emails, inside and outside
>> of Cumberland North.&nbsp; I will do my best to get back to everyone
>> and appreciate everyone&rsquo;s patience.
>>
>> In politics, you can&rsquo;t imagine how hard it is to say no to the
>> party leader.&nbsp; Party leaders have a lot of power.&nbsp; If you
>> don&rsquo;t do what they want, they can try to make you pay the
>> price.&nbsp; The people of Cumberland North didn&rsquo;t elect me to
>> work for a party leader.&nbsp; They elected me to work for them.
>> The support of the people of Cumberland North this week has sustained
>> me &ndash; particularly with some of the hateful, sexist comments and
>> media depictions that targeted my mental health, my appearance or my
>> weight. &nbsp;
>>
>> This farm girl turned registered nurse turned businesswoman is not
>> going to be bullied out of politics.&nbsp; I will choose whether I run
>> in the next election.&nbsp; The people of Cumberland North will choose
>> the kind of MLA they want to serve them.
>>
>> Do they want an MLA who works for a party leader in Halifax or an MLA
>> who works for the people of Cumberland North?
>>
>> To the people of Cumberland North, you can count on me to serve you,
>> to work with you, to fight for you.
>>
>> No apologies. Although this has been extremely hard on my family and
>> true friends, it is so because of the worry they have of the toll this
>> may have on me. The love I have surrounding me is incredible, by them
>> but also from my local community and from across the province. And
>> yes, my caucus colleagues who supported the leader removing me from
>> caucus, I have heard from several of them privately with love and
>> support.&nbsp;
>>
>> Politics can bring out the worst in human nature as people compete for
>> an illusion of power. But like anything, it can also bring out the
>> best in human nature.
>>
>> I am discussing next steps with my husband and family. In the meantime
>> I am still the MLA for the people of Cumberland North, I am an
>> Independent and not affiliated with a political party although my
>> heart is with my progressive conservative family.&nbsp;
>>
>> My focus right now is on serving the people of Cumberland North.&nbsp;
>>
>> I have always believed that Good overcomes Evil, that Love is more
>> powerful than Hate and I will continue to believe this.&nbsp;
>>
>> I will continue to work with my colleague Tory Rushton for what is
>> needed for the people of Cumberland.&nbsp;
>>
>> I am seriously giving running as an independent consideration. There
>> are so many people that want me to run as an Independent that I owe it
>> to them to give it consideration.&nbsp;
>>
>> The only people that will decide if I will be a MLA are the people of
>> Cumberland North.&nbsp;
>>
>> I would like to send birthday and anniversary greetings to anyone who
>> is celebrating this week including&nbsp;
>>
>> Roger Bacon who turns 95 on Tuesday! Happy Birthday former Premier and
>> MLA
>>
>> Albert and Gladys Greeno celebrate their 66th&nbsp;wedding
>> anniversary.&nbsp;
>>
>> Sending my sympathies to the family and friends of:
>>
>> &nbsp;Laura Mary McArdle
>>
>> https://www.arbormemorial.ca/campbells/obituaries/laura-mary-mcardle/67868/
>>
>>
>> Virginia Burke
>>
>> https://www.arbormemorial.ca/campbells/obituaries/virginia-burke/67898/
>>
>>
>> Arthur Gerald Negus
>>
>> https://www.arbormemorial.ca/campbells/obituaries/arthur-gerald-negus/67779/
>>
>>
>> Michael Robert Cooke
>>
>> https://www.arbormemorial.ca/campbells/obituaries/michael-robert-cooke/67692/
>>
>>
>> Wilhena Louise &quot;Willie&quot; Wright
>>
>> https://www.jonesfamilyfuneralcentre.ca/obituaries/154819
>>
>> Take care everyone.&nbsp;
>> Please contact my office if I can assist you in any way.&nbsp;
>>
>> Sincerely,&nbsp;
>>
>> Elizabeth Smith-McCrossin
>> MLA Cumberland North
>>
>>
>>
>>
>> &nbsp;
>>
>>
>> On 6/25/21, David Amos <david.raymond.amos333@gmail.com> wrote:
>>> General Inquiries
>>>
>>> Tel: (902) 667-7227
>>> Fax: (902) 667-0268
>>> Police Chief - Dwayne Pike
>>>
>>> Email: dpike@amherst.ca
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
>>> Date: Fri, 25 Jun 2021 10:55:42 +0000
>>> Subject: RE: MLA Weekly Update Cumberland North (Case Ref: ES3077)
>>> Methinks Elizabeth Smith-McCrossin will have to hire her own lawyer to
>>> agrue me now N'esy Pas?
>>> To: David Amos <david.raymond.amos333@gmail.com>
>>>
>>> Hello,
>>>
>>> Thank you for taking the time to write.
>>>
>>> Due to the volume of incoming messages, this is an automated response
>>> to let you know that your email has been received and will be reviewed
>>> at the earliest opportunity.
>>>
>>> If your inquiry more appropriately falls within the mandate of a
>>> Ministry or other area of government, staff will refer your email for
>>> review and consideration.
>>>
>>>
>>> Merci d'avoir pris le temps de nous écrire.
>>>
>>> En raison du volume des messages reçus, cette réponse automatique vous
>>> informe que votre courriel a été reçu et sera examiné dans les
>>> meilleurs délais.
>>>
>>> Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
>>> secteur du gouvernement, le personnel vous renverra votre courriel
>>> pour examen et considération.
>>>
>>>
>>> If this is a Media Request, please contact the Premier’s office at
>>> (506) 453-2144 or by email
>>> media-medias@gnb.ca<mailto:media-medias@gnb.ca>
>>>
>>> S’il s’agit d’une demande des médias, veuillez communiquer avec le
>>> Cabinet du premier ministre au 506-453-2144.
>>>
>>>
>>> General Information
>>> For general information and answers to common questions on novel
>>> coronavirus please visit:
>>> GNB/COVID-19<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww2.gnb.ca%2Fcontent%2Fgnb%2Fen%2Fcorporate%2Fpromo%2Fcovid-19.html&data=04%7C01%7CBlaine.Higgs%40gnb.ca%7C0136b42c4b0a43c7736e08d8c6c63f14%7Ce08b7eefb5014a679ed007e38bfccee7%7C0%7C0%7C637477902044012255%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FGtlmCM6V3808%2BQgSt6Z3wjqnOXYsAu747t%2FfiaDJl0%3D&reserved=0>
>>> or
>>> Canada.ca/coronavirus<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.canada.ca%2Fen%2Fpublic-health%2Fservices%2Fdiseases%2F2019-novel-coronavirus-infection.html&data=04%7C01%7CBlaine.Higgs%40gnb.ca%7C0136b42c4b0a43c7736e08d8c6c63f14%7Ce08b7eefb5014a679ed007e38bfccee7%7C0%7C0%7C637477902044022246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=HgRaSAAAHGAGc1FpMHeBhbY2ITqbgnjB%2BRwSDLc4pBc%3D&reserved=0>
>>>  information line  1-833-784-4397.
>>>
>>>
>>> Safety Issues
>>> For safety issues regarding place of employment/employer please call
>>> WorkSafe NB 1-800-999-9775.
>>>
>>> Compassionate requests
>>> Please call the Canadian Red Cross 1-800-863-6582.
>>>
>>> Non-health questions
>>> Please call 1-844-462-8387. The email address is
>>> helpaide@gnb.ca<mailto:helpaide@gnb.ca>.
>>> For questions related to travel restrictions during COVID-19
>>> Please call 1-833-948-2800.
>>>
>>>
>>> MENTAL HEALTH
>>> CHIMO Helpline 1-800-667-5005
>>> Hope for Wellness Helpline 1-855-242-3310
>>>
>>> Canadian Border Services Agency
>>> CBSA has instituted a COVID-19 hotline regarding border crossing
>>> concerns/questions at
>>> 1-800-461-9999.
>>>
>>> Employment Insurance Hotline
>>> Please call 1-833-381-2725.
>>>
>>>
>>> Renseignements généraux
>>> Pour obtenir des renseignements généraux et des réponses aux questions
>>> les plus fréquentes sur la COVID-19, veuillez consulter le site
>>> GNB/COVID-19<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww2.gnb.ca%2Fcontent%2Fgnb%2Ffr%2Fcorporate%2Fpromo%2Fcovid-19.html&data=04%7C01%7CBlaine.Higgs%40gnb.ca%7C0136b42c4b0a43c7736e08d8c6c63f14%7Ce08b7eefb5014a679ed007e38bfccee7%7C0%7C0%7C637477902044022246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=26VhE3DgZhYd1yDaBFGgqHI6ivyF9o%2F6%2ByymkoP9ubo%3D&reserved=0>
>>> ou
>>> Canada.ca/coronavirus<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.canada.ca%2Ffr%2Fsante-publique%2Fservices%2Fmaladies%2F2019-nouveau-coronavirus.html&data=04%7C01%7CBlaine.Higgs%40gnb.ca%7C0136b42c4b0a43c7736e08d8c6c63f14%7Ce08b7eefb5014a679ed007e38bfccee7%7C0%7C0%7C637477902044032242%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=77IrMQEwU2uBR9l3gMEYpY9xtWjSSfXBGgIMU9PsPig%3D&reserved=0>
>>> ou composer le 1-833-784-4397.
>>>
>>> questions de sécurité
>>> Pour les questions de sécurité concernant les lieux de travail ou les
>>> employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775.
>>>
>>> DEMANDES POUR RAISONS DE COMPASSION
>>> Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582.
>>>
>>> Questions non liées à la santé
>>> Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse
>>> helpaide@gnb.ca<mailto:helpaide@gnb.ca>.
>>>
>>> Questions liées aux restrictions de voyage pendant la pandémie de
>>> COVID-19
>>> :
>>> Composez le 1-833-948-2800.
>>>
>>> SANTÉ MENTALE
>>> Ligne d'aide CHIMO : 1-800-667-5005
>>> Ligne d’écoute d’espoir : 1-855-242-3310
>>>
>>> Agence des services frontaliers du Canada
>>> L’Agence a mis en place une ligne d’information sur la COVID-19 pour
>>> les questions concernant la traversée de la frontière, le
>>> 1-800-461-9999.
>>>
>>> LIGNE D’INFORMATION SUR l'assurance-emploi
>>> Composez le 1-833-381-2725.
>>>
>>>
>>>
>>> Office of the Premier/Cabinet du premier ministre
>>> P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1
>>> Canada
>>> Tel./Tel. : (506) 453-2144
>>> Email/Courriel:
>>> premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>
>>>
>>>
>>> https://novascotia.ca/news/release/?id=20210623006
>>>
>>> News release
>>> Province Monitoring Issues Related to Highway Blockade
>>> Inclusive Economic Growth / Emergency Management Office
>>> June 23, 2021 - 3:13 PM
>>>
>>> Media Contact:
>>> Gary Andrea
>>>     Cell: 902-456-6196
>>>     Email: Gary.Andrea@novascotia.ca
>>>
>>>
>>> Department of Intergovernmental Affairs
>>> Elizabeth MacDonald
>>> elizabeth.macdonald@novascotia.ca
>>>
>>> Department of Justice
>>> Heather Fairbairn
>>> heather.fairbairn@novascotia.ca
>>>                                             
>>>
>>> Executive Council Office
>>> Michelle Stevens
>>> michelle.stevens@novascotia.ca
>>>
>>>
>>> Deja Vu Ayone???
>>>
>>> http://davidraymondamos3.blogspot.com/2020/07/rallies-continue-push-for-public.html
>>>
>>> Wednesday, 29 July 2020
>>> Federal and provincial governments to hold public inquiry into Nova
>>> Scotia mass shootings
>>>
>>>
>>>
>>>
>>> ---------- Original message ----------
>>> From: Premier of Ontario | Premier ministre de l’Ontario
>>> <Premier@ontario.ca>
>>> Date: Fri, 28 Jun 2019 16:38:41 +0000
>>> Subject: Automatic reply: RE The call from the Boston cop Robert Ridge
>>> (857 259 9083) on behalf of the VERY corrupt Yankee DA Rachael Rollins
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>> 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 <motomaniac333@gmail.com>
>>> Date: Thu, 18 May 2017 11:55:57 -0400
>>> Subject: Re the CBA, the RCMP, Federal Court File # T-1557-15 and the
>>> Hearing before the Federal Court of Appeal on May 24th 2017
>>> To: ray.adlington@mcinnescooper.com, mcu <mcu@justice.gc.ca>,
>>> "bob.paulson" <bob.paulson@rcmp-grc.gc.ca>, "hon.ralph.goodale"
>>> <hon.ralph.goodale@canada.ca>, "Jody.Wilson-Raybould"
>>> <Jody.Wilson-Raybould@parl.gc.ca>, "bill.pentney"
>>> <bill.pentney@justice.gc.ca>, "jan.jensen" <jan.jensen@justice.gc.ca>
>>> Cc: David Amos <david.raymond.amos@gmail.com>, Mordaith
>>> <Mordaith@gmail.com>, "leanne.murray"
>>> <leanne.murray@mcinnescooper.com>, gopublic <gopublic@cbc.ca>,
>>> "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "nick.moore"
>>> <nick.moore@bellmedia.ca>, "jeremy.keefe"
>>> <jeremy.keefe@globalnews.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
>>> "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>, "Gilles.Moreau"
>>> <Gilles.Moreau@forces.gc.ca>, sallybrooks25 <sallybrooks25@yahoo.ca>,
>>> oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>, jbosnitch
>>> <jbosnitch@gmail.com>, "serge.rousselle" <serge.rousselle@gnb.ca>,
>>> premier <premier@gnb.ca>, "brian.gallant" <brian.gallant@gnb.ca>,
>>> "Larry.Tremblay" <Larry.Tremblay@rcmp-grc.gc.ca>, "luc.labonte"
>>> <luc.labonte@gnb.ca>
>>>
>>> As I told the RCMP who called me last month the proper time and place
>>> to discuss the CBA and your former partner Judge Richard Bell is the
>>> Federal Court of Canada
>>>
>>> Raymond G. Adlington Partner
>>> McInnes Cooper
>>> 1300-1969 Upper Water St., Purdy's Wharf Tower II PO Box 730, Stn.
>>> Central
>>> Halifax, Nova Scotia B3J 2V1
>>> Phone: (902) 444-8470
>>> Fax: (902) 425-6350
>>> E: ray.adlington@mcinnescooper.com
>>>
>>> http://www.mcinnescooper.com/news/ray-adlington-named-to-cba-board-of-directors/
>>>
>>> Ray Adlington named to CBA Board of Directors
>>>
>>>     May 2, 2017
>>>
>>> Halifax partner Ray Adlington was recently named to the CBA Board of
>>> Directors.
>>>
>>> In their announcement yesterday the CBA advised that the board would
>>> come into effect September 1st, 2017.
>>>
>>>     After collecting extensive input over the past two years, we know
>>> that CBA members believe it’s important for the organization to have a
>>> Board of Directors that reflects the diversity of the legal
>>> profession, including a mix of practice types, experience, skills,
>>> geography and more.
>>>     Our new Board of Directors exemplifies this principle.
>>>
>>> The board is composed from one member from each province as well as
>>> the CBA President.
>>>
>>> Congratulations Ray on this well deserved appointment.
>>>
>>>
>>>
>>>
>>>
>>>> ---------- Original message ----------
>>>> From: David Amos <motomaniac333@gmail.com>
>>>> Date: Wed, 26 Jun 2019 16:15:59 -0400
>>>> Subject: Hey Ralph Goodale perhaps you and the RCMP should call the
>>>> Yankees Governor Charlie Baker, his lawyer Bob Ross, Rachael Rollins
>>>> and this cop Robert Ridge (857 259 9083) ASAP EH Mr Primme Minister
>>>> Trudeau the Younger and Donald Trump Jr?
>>>> To: pm@pm.gc.ca, Katie.Telford@pmo-cpm.gc.ca,
>>>> Ian.Shugart@pco-bcp.gc.ca, djtjr@trumporg.com,
>>>> Donald.J.Trump@donaldtrump.com, JUSTWEB@novascotia.ca,
>>>> Frank.McKenna@td.com, barbara.massey@rcmp-grc.gc.ca,
>>>> Douglas.Johnson@rcmp-grc.gc.ca, sandra.lofaro@rcmp-grc.gc.ca,
>>>> washington.field@ic.fbi.gov, Brenda.Lucki@rcmp-grc.gc.ca,
>>>> gov.press@state.ma.us, bob.ross@state.ma.us, jfurey@nbpower.com,
>>>> jfetzer@d.umn.edu, Newsroom@globeandmail.com, sfine@globeandmail.com,
>>>> .Poitras@cbc.ca, steve.murphy@ctv.ca, David.Akin@globalnews.ca,
>>>> Dale.Morgan@rcmp-grc.gc.ca, news@kingscorecord.com,
>>>> news@dailygleaner.com, oldmaison@yahoo.com, jbosnitch@gmail.com,
>>>> andre@jafaust.com>
>>>> Cc: david.raymond.amos333@gmail.com, DJT@trumporg.com
>>>> wharrison@nbpower.com, David.Lametti@parl.gc.camcu@justice.gc.ca,
>>>> Jody.Wilson-Raybould@parl.gc.ca, hon.ralph.goodale@canada.ca
>>>>
>>>>>
>>>>> ---------- Forwarded message ----------
>>>>> From: "Murray, Charles (Ombud)" <Charles.Murray@gnb.ca>
>>>>> Date: Wed, 20 Mar 2019 18:16:15 +0000
>>>>> Subject: You wished to speak with me
>>>>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>>>>
>>>>> I have the advantage, sir, of having read many of your emails over the
>>>>> years.
>>>>>
>>>>>
>>>>> As such, I do not think a phone conversation between us, and
>>>>> specifically one which you might mistakenly assume was in response to
>>>>> your threat of legal action against me, is likely to prove a
>>>>> productive use of either of our time.
>>>>>
>>>>>
>>>>> If there is some specific matter about which you wish to communicate
>>>>> with me, feel free to email me with the full details and it will be
>>>>> given due consideration.
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>> Charles Murray
>>>>>
>>>>> Ombud NB
>>>>>
>>>>> Acting Integrity Commissioner
>>>>>
>>>>>
>>>>>> 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
>>>>>>
>>>>>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>>>>>
>>>>>>> If want something very serious to download and laugh at as well
>>>>>>> Please
>>>>>>> Enjoy and share real wiretap tapes of the mob
>>>>>>>
>>>>>>> http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-braz
>>>>>>> ilian.html
>>>>>>>
>>>>>>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>>>>>>
>>>>>>>> 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?v=vugUalUO8YY
>>>>>>>>
>>>>>>>> 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://archive.org/details/ITriedToExplainItToAllMaritimersInEarly200
>>>>>>>> 6
>>>>>>>>
>>>>>>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>>>>>>
>>>>>>>> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>>>>>>
>>>>>>>> http://archive.org/details/Part1WiretapTape143
>>>>>>>>
>>>>>>>> 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
>>>>>>>>
>>>>>>>
>>>>>>
>>>>>>> ---------- 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.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>>>>>>
>>>>>>> These are digital recordings of  the last three hearings
>>>>>>>
>>>>>>> Dec 14th https://archive.org/details/BahHumbug
>>>>>>>
>>>>>>> January 11th, 2016 https://archive.org/details/Jan11th2015
>>>>>>>
>>>>>>> April 3rd, 2017
>>>>>>>
>>>>>>> https://archive.org/details/April32017JusticeLeblancHearing
>>>>>>>
>>>>>>>
>>>>>>> This is the docket in the Federal Court of Appeal
>>>>>>>
>>>>>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>>>>>>
>>>>>>>
>>>>>>> The only hearing thus far
>>>>>>>
>>>>>>> May 24th, 2017
>>>>>>>
>>>>>>> https://archive.org/details/May24thHoedown
>>>>>>>
>>>>>>>
>>>>>>> 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.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.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.Foran@gnb.ca,
>>>>>>> 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 ----------
>>>>>>
>>>>>> http://davidraymondamos3.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html
>>>>>>
>>>>>>
>>>>>> 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.ca/fca-caf/decisions/en/item/236679/index.do
>>>>>>
>>>>>>
>>>>>> 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
>>>>>>
>>>>>>
>>>>
>>>
>>> ---------- Original message ----------
>>> Date: Thu, 24 May 2007 19:01:11 -0700 (PDT)
>>> From: "David Amos" motomaniac_02186@yahoo.com
>>> Subject: Now everybody and his dog knows TJ Burke and his cop buddies
>>> allegations against me are false and you had the proof all along EH
>>> Chucky?
>>> To: oldmaison@yahoo.com, nbombud@gnb.ca, dan.bussieres@gnb.ca,
>>> jacques_poitras@cbc.ca, news@dailygleaner.com,
>>> kcarmichael@bloomberg.net, advocacycollective@yahoo.com,
>>> Easter.W@parl.gc.ca, Comartin.J@parl.gc.ca, cityadmin@fredericton.ca,
>>> info@gg.ca, bmosher@mosherchedore.ca, rchedore@mosherchedore.ca,
>>> police@fredericton.ca, chebert@thestar.ca, Stoffer.P@parl.gc.ca,
>>> Stronach.B@parl.gc.ca, Matthews.B@parl.gc.ca, alltrue@nl.rogers.com,
>>> Harper.S@parl.gc.ca, Layton.J@parl.gc.ca, Dryden.K@parl.gc.ca,
>>> Duceppe.G@parl.gc.ca
>>> CC: dgleg@nb.aibn.com, brad.woodside@fredericton.ca,
>>> whalen@fredericton.ca, david.kelly@fredericton.ca,
>>> cathy.maclaggan@fredericton.ca
, stephen.kelly@fredericton.ca,
>>> tom.jellinek@fredericton.ca, scott.mcconaghy@fredericton.ca
,
>>> marilyn.kerton@fredericton.ca, walter.brown@fredericton.ca,
>>> norah.davidson@fredericton.ca, mike.obrien@fredericton.ca,
>>> bruce.grandy@fredericton.ca, dan.keenan@fredericton.ca,
>>> jeff.mockler@gnb.ca, mrichard@lawsociety-barreau.nb.ca,
>>> cynthia.merlini@dfait-maeci.gc.ca, jlmockler@mpor.ca,
>>> scotta@parl.gc.ca, michael.bray@gnb.ca, jack.e.mackay@gnb.ca
>>> http://www.cbc.ca/canada/new-brunswick/story/2007/05/24/nb-burkethreat.html
>>>
>>> http://www.canadaeast.com/ce2/docroot/article.php?articleID=149018
>>>
>>> http://oldmaison.blogspot.com/2007/05/tj-burke-walking-around-with-rcmp.html
>>>
>>> http://oldmaison.blogspot.com/2006/06/fapo-has-meeting-about-panhanding.html
>>>
>>> http://oldmaison.blogspot.com/2007/05/hats-off-to-cbc-reporter-jacques.html
>>>
>>> http://maritimes.indymedia.org/mail.php?id=9856
>>>
>>> Methinks your liberal pals just made a major faux pas N'est Pas?
>>> Scroll down Frenchie and go down?.
>>>
>>>
>>> Threat against Burke taken seriously
>>>
>>> By STEPHEN LLEWELLYN
>>> dgleg@nb.aibn.com
>>> Published Thursday May 24th, 2007
>>> Appeared on page A1
>>> An RCMP security detail has been guarding Justice Minister and
>>> Attorney General T.J. Burke because of threats made against him
>>> recently.
>>>
>>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't
>>> explain the nature of the threats.
>>>
>>> "I have had a particular individual or individuals who have made
>>> specific overtures about causing harm towards me," he told reporters
>>> Wednesday.
>>>
>>> "The RCMP has provided security to me recently by accompanying me to a
>>> couple of public functions where the individual is known to reside or
>>> have family members in the area," said Burke. "It is nice to have some
>>> added protection and that added comfort."
>>>
>>> The RCMP provides protection to the premier and MLAs with its VIP
>>> security
>>> unit.
>>>
>>> Burke didn't say when the threat was made but it's believed to have
>>> been in recent weeks.
>>>
>>> "When a threat is posed to you and it is a credible threat, you have
>>> to be cautious about where you go and who you are around," he said.
>>> "But again, I am more concerned about my family as opposed to my own
>>> personal safety."
>>>
>>> Burke said he doesn't feel any differently and he has not changed his
>>> pattern of activity.
>>>
>>> "It doesn't bother me one bit," he said. "It makes my wife feel awful
>>> nervous."
>>>
>>> Burke served in an elite American military unit before becoming a
>>> lawyer and going into politics in New Brunswick.
>>>
>>> "(I) have taken my own precautions and what I have to do to ensure my
>>> family's safety," he said. "I am a very cautious person in general due
>>> to my background and training.
>>>
>>> "I am comfortable with defending myself or my family if it ever had to
>>> happen."
>>>
>>> Burke said it is not uncommon for politicians to have security concerns.
>>>
>>> "We do live unfortunately in an age and in a society now where threats
>>> have to be taken pretty seriously," he said.
>>>
>>> Since the terrorism attacks in the United States on Sept. 11, 2001,
>>> security in New Brunswick has been
>>> beefed up.
>>>
>>> Metal detectors were recently installed in the legislature and all
>>> visitors are screened.
>>>
>>> The position of attorney general is often referred to as the
>>> province's "top cop."
>>>
>>> Burke said sometimes people do not differentiate between his role as
>>> the manager of the justice system and the individual who actually
>>> prosecutes them.
>>>
>>> "With the job sometimes comes threats," he said. "I have had numerous
>>> threats since Day 1 in office."
>>>
>>> Burke said he hopes his First Nations heritage has nothing to do with
>>> it.
>>>
>>> "I think it is more of an issue where people get fixated on a matter
>>> and they believe you are personally responsible for assigning them
>>> their punishment or their sanction," he said.
>>>
>>> Is the threat from someone who was recently incarcerated?
>>>
>>> "I probably shouldn't answer that," he replied.
>>>
>>> Reporters asked when the threat would be over.
>>>
>>> "I don't think a threat ever passes once it has been made," said
>>> Burke. "You have to consider the credibility of the source."
>>>
>>> Bruce Fitch, former justice minister in the Conservative government,
>>> said "every now and again there would be e-mails that were not
>>> complimentary."
>>>
>>> "I did have a meeting with the RCMP who are in charge of the security
>>> of the MLAs and ministers," said Fitch.
>>>
>>> "They look at each and every situation."
>>>
>>> Fitch said he never had bodyguards assigned to him although former
>>> premier Bernard Lord and former health minister Elvy Robichaud did
>>> have extra security staff assigned on occasion.
>>>
>>> He said if any MLA felt threatened, he or she would discuss it with the
>>> RCMP.
>>>
>>>
>>> http://www.archive.org/details/SecTreasuryDeptEtc
>>>
>>> Small World EH Chucky Leblanc?
>>>
>>> "Lafleur, Lou" lou.lafleur@fredericton.ca wrote:
>>>
>>> From: "Lafleur, Lou" lou.lafleur@fredericton.ca
>>> To: "'motomaniac_02186@yahoo.com'" motomaniac_02186@yahoo.com,
>>> "Lafleur, Lou" lou.lafleur@fredericton.ca
>>> Subject: Fredericton Police Force
>>> Date: Mon, 11 Jun 2007 15:21:13 -0300
>>>
>>> Dear Mr. Amos
>>>
>>> My Name is Lou LaFleur and I am a Detective with the Fredericton
>>> Police Major Crime Unit. I would like to talk to you regarding files
>>> that I am investigating and that you are alleged to have involvement
>>> in.
>>>
>>> Please call me at your earliest convenience and leave a message and a
>>> phone number on my secure and confidential line if I am not in my
>>> office.
>>>
>>> yours truly,
>>> Cpl. Lou LaFleur
>>> Fredericton Police Force
>>> 311 Queen St.
>>> Fredericton, NB
>>> 506-460-2332
>>> ______________________________
__
>>> This electronic mail, including any attachments, is confidential and
>>> is for the sole use of the intended recipient and may be privileged.
>>> Any unauthorized distribution, copying, disclosure or review is
>>> prohibited. Neither communication over the Internet nor disclosure to
>>> anyone other than the intended recipient constitutes waiver of
>>> privilege. If you are not the intended recipient, please immediately
>>> notify the sender and then delete this communication and any
>>> attachments from your computer system and records without saving or
>>> forwarding it. Thank you.
>>>
>>
>

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