Police coverup, corruption and harassment case to move ahead in Ottawa court
Durham police leaders, officers accused of exacerbating violent domestic abuse of fellow police sergeant
A recent court ruling in Ottawa paves the way for a potentially explosive case involving a woman police officer who blew the whistle on alleged bullying, harassment, corruption, abuse of power and coverup at an Ontario police force that remains under a provincial investigation.
Sgt. Nicole Whiteway's lawsuit reads like a Hollywood script, detailing horrific domestic abuse that she alleges was exacerbated by a web of conspiracy on the part of her colleagues and superiors, complete with a twist ending that includes a death certificate from Mexico.
But it all began with an internal workplace harassment complaint she filed with the Durham Regional Police Service in 2016.
The case has since spiralled into accusations of unlawful conduct, targeted malice and retaliation involving one of Durham's highest-ranking cops, Uday Jaswal, who would later take on the rank of deputy chief with the Ottawa Police Service, but quit in disgrace.
Details of Whiteway's saga in part spurred Ontario's solicitor general to call for an investigation in 2019.
A provincial oversight body took on the task of investigating Durham police, but several years on, it remains at an impasse due to the force "repeatedly refusing to cooperate and provide information," according to Tribunals Ontario.
All of this has cost taxpayers millions of dollars, and it could cost more in the future.
Kelly
Donovan, a former Waterloo Regional Police Service constable, now
researches, writes and makes recommendations about how police forces in
Canada can better handle internal investigations. (Bobby Hristova/CBC )
$40.5M lawsuit
In April, Ontario Superior Court Justice Kerry Lee McVey ruled Whiteway's lawsuit can proceed, which lawyers and whistleblowers hope will open the door for other police officers to air grievances previously kept internal.
It also means that the force being sued — Durham police in this case — will have to spell out its side of the story as part of the public record if it is to fight the $40.5-million lawsuit.
"Nicole's case, I believe, is going to open the door for more people to access justice through the court system," said Kelly Donovan, a former Waterloo Regional Police Service constable who now researches and makes recommendations about how forces in Canada could better handle internal investigations.
"I think it will be one of the first times that we're hearing these egregious allegations voiced in a public forum," Donovan said. "I really hope she does see that day in court."
Whiteway,
a third-generation police officer, started her career almost 30 years
ago. She's attempting to sue the Durham Regional Police Service in civil
court. (Submitted)
The Whiteway case
Nicole Whiteway, a third-generation police officer, started her career almost 30 years ago, following the path blazed by her mother Sherry Whiteway, the first woman to become a deputy chief in Durham. Her grandfather was also an officer on that force.
Now the sergeant, currently on medical leave, is attempting to set a new precedent in civil court.
Whiteway and her four children are named as plaintiffs while the Durham Regional Police Service, its board and 17 employees including former chief Paul Martin, former Durham and Ottawa deputy chief Jaswal, and other individually named members are the defendants.
None of the allegations in the civil suit has been proven in court.
While the case was initially launched two years ago, defendants have yet to file statements of defence. Instead, they attempted to dismiss the case, arguing the court has no jurisdiction because it's an internal labour relations matter.
McVey disagreed and the case will now proceed, but it could take years before it's resolved either inside or outside a courtroom.
Kirk Boggs, a partner with Lerners LLP in Toronto, represents all the Durham police defendants in the case. He asked CBC not to contact any of the current or former officers identified in the claim.
"As this matter is presently before the courts, we do not believe it is appropriate for us to be commenting on it to the media. We trust you appreciate our position," wrote Boggs in an email.
Whiteway's
lawsuit claims her supervisor, Insp. Nick Lisi, seen here in an image
taken from a 2014 video, constantly bullied her, made demeaning comments
and used vulgar language toward her. (CBC News)
How it all began
CBC has secured files through court services, received exclusive access to legal documents and spoken to police whistleblowers including current and former officers from the Durham force.
Whiteway's troubles at work began in March 2016.
Just back from maternity leave, she was working a modified schedule because her infant son was suffering from a life-threatening medical condition.
Her supervisor at the time, Insp. Nick Lisi, didn't approve of her accommodated schedule, Whiteway claims.
"He would frequently make comments such as, 'You need to decide whether you're a mom or a cop,'" according to a legal factum produced by Whiteway's lawyers and submitted to a disciplinary tribunal in March 2019.
But that wasn't the only issue. Her claims also detail Lisi's demeaning comments, vulgar language, and constant bullying.
"Lisi also made inappropriate sexual comments; he spoke about his penis," notes the factum.
In November 2016, Whiteway filed a formal internal complaint about Lisi.
"A decision that would ultimately ruin her career and life in the process," claims the factum.
When police officers responded to a credible report of homicidal and suicidal threats ... the police purportedly prioritized their workplace agenda over the plaintiff's safety.
- Justice Kerry Lee McVey
Soon after her complaint against her supervisor, Whiteway said she became a target.
But things at home weren't going well either.
Whiteway had separated from her husband David Sanderson in 2015, but they shared two of her four children, which meant they remained in contact.
In April 2017, Whiteway said she was out of town with another man when Sanderson called her in a jealous rage, threatening to kill himself and their four-year-old daughter.
She called 911 and Durham officers — her colleagues — soon found Sanderson and the child, unharmed. One of the officers told Whiteway they'd invoke the Mental Health Act and take Sanderson to an Oshawa hospital.
A short time later, the officer told her Sanderson was "in with the doctor and that everything was being addressed," according to court documents.
When her ex was released that evening without charge, the cop told her "he was not a threat or danger to anyone."
The next day, Sanderson was once again in distress and was taken to another Durham hospital. A nurse called Whiteway, who was still considered Sanderson's next-of-kin, asking about his medical history.
Whiteway asked the nurse about the previous day's hospital visit. The nurse said there was no record of it.
A
provincial oversight body took on the task of investigating Durham
police, but several years on it remains at an impasse due to the force
'repeatedly refusing to cooperate and provide information,' according to
Tribunals Ontario. (CBC)
'Carte blanche' to torment his family
Sanderson later admitted to Whiteway that her colleagues hadn't actually taken him into the hospital, but had instead driven him to the hospital's parking garage, Whiteway claims in court filings.
Then the cops asked him for "dirt" on his ex-wife.
They wanted "specific information about Whiteway's complaint against Lisi," according to her claim. It notes more officers showed up to the hospital garage and told Sanderson that Whiteway was a "slut" and in sexual relationships with "guys at work."
When the cops later took him home, they warned him not to tell anyone about the conversation.
Not only was Sanderson not psychologically assessed after threatening to kill his daughter and himself, he was allegedly provoked, giving him "carte blanche" to further torment his family, notes a court document.
McVey mentions the incident in her decision to strike the motion to dismiss Whiteway's case.
"When police officers responded to a credible report of homicidal and suicidal threats levied by the plaintiff's abusive ex-spouse, the police purportedly prioritized their workplace agenda over the plaintiff's safety and that of her family," wrote McVey.
"It is arguable that a dangerous outcome to their incendiary behaviour was objectively foreseeable."
A complaint was filed with the Ontario Independent Police Review Director (OIPRD), but the Durham force refused to disclose anything about that case to Whiteway, according to the legal factum.
Eventually, former deputy chief Uday Jaswal told Whiteway the matter was resolved and the officers received "some sort of informal penalty," notes the court document.
An
April court ruling allows the $40.5-million lawsuit to proceed against
Durham police. No statements of claim have yet been filed. (Durham Regional Police)
Vicious, terrorizing behaviour
In the six months following Sanderson's police interrogation in the hospital parking garage, Whiteway says her ex-husband's behaviour became "vicious."
Court files document physical and alleged sexual abuse that included "forced" and "non-consensual sex," being smothered with a pillow, and death threats against Whiteway and their children.
As Sanderson continued to terrorize his family, he told Whiteway repeatedly that the Durham police were on his side and would never intervene. She and her children "had no choice but to submit to Sanderson's brutal authority," states her claim.
In October 2017, Sanderson came to her home and began destroying property. Files show she called 911 and Durham officers arrived, but no charges were laid.
Whiteway claims the officers told her they didn't want to deal with her "because of the problems she was causing in the Service."
Justin
Villeneuve, a partner with WVGB Law Group in Ottawa, represents Nicole
Whiteway in her civil lawsuit against the Durham Regional Police
Service. (Mathieu Deroy/CBC)
Criminal conviction for domestic abuse
That was the breaking point for Whiteway.
The next day, she went to Durham's domestic violence unit and officially filed a complaint against her ex. She showed photos of her bruises and smashed property.
When she finished describing what had happened over the previous months, the investigator said it was "one of the worst cases of domestic abuse that he had investigated," notes the legal factum.
Sanderson was charged with 29 criminal offences, arrested and briefly held in custody.
Fourteen months later, on Jan. 29, 2019, Sanderson made a deal with the Crown and pleaded guilty to eight counts including multiple assaults, assaults with a weapon and uttering death threats, according to the Oshawa courthouse.
He was sentenced to 79 days in jail.
While Whiteway's ex is also named as a defendant in her multi-million-dollar civil suit against the Durham police, her lawyer Justin Villeneuve said he's since received a death certificate for Sanderson from Mexico.
The law firm has no other confirmation that Sanderson is actually dead.
Uday
Jaswal, the former deputy chief in Durham and later Ottawa, was charged
by the Ontario Civilian Police Commission in April 2021 for allegedly
trying to strong-arm Whiteway. Jaswal resigned from service in 2022. (CBC)
Whiteway charged under Police Act
Back in 2017, after her ex-husband's arrest and brief detention for domestic assault, Whiteway started feeling safer. She said that's when some members of the Durham Regional Police Service doubled down.
Sanderson complained to police that Whiteway stole money from him while he was in custody. The allegation was baseless and the Crown saw no reasonable prospect of conviction, according to her lawsuit.
"Sanderson's evidence was laughable. He claimed there was an envelope of money stolen. He could not say how much money," states Whiteway's claim.
But police leadership pursued the ex-husband's allegation and several months later, in April 2018, four internal disciplinary charges were laid against Whiteway in relation to the alleged theft.
"The prosecution has fully embraced Sanderson as its complainant, despite the fact that he has a criminal record for violent and threatening offences against Sgt. Whiteway and has a clear motivation to fabricate his allegations against her," her lawyer claimed in a factum.
Former
officer Kelly Donovan says she's relieved Whiteway's civil case is
moving forward. She says the public needs to hear these kinds of cases. (Bobby Hristova/CBC)
Alleged extortion
At the time of Whiteway's disciplinary charges, Jaswal, then Durham's deputy chief, talked to her about possible solutions.
But he wanted something in return, according to her claim.
"Jaswal plainly stated that they would only withdraw the [disciplinary] charges if Whiteway provided damning information on [another officer]," states her claim. She refused.
Jaswal was charged by the Ontario Civilian Police Commission in April 2021 for allegedly trying to strong-arm Whiteway.
At the time of those charges, Jaswal was already suspended with pay after being charged in 2020 with six counts of misconduct for allegedly sexually harassing three Ottawa police employees. When he resigned in 2022 all disciplinary charges laid against him in Durham and Ottawa dissolved.
On June 25, Jaswal was charged criminally with sexual assault for an alleged incident while he was a police inspector in 2011. He's to appear in court on this case, unrelated to the Durham situation, on July 18.
More whistleblowers
After two years and at significant cost to the taxpayer, the disciplinary charges against Whiteway were eventually dismissed in 2020.
But her case is just one of the threads that unravelled a cascade of allegations from police and civilian whistleblowers against the senior command at Durham.
Five years on, the Ontario Civilian Police Commission inquiry continues, with legal costs now in the millions.
Paul Martin, former chief at the Durham Regional Police Service, is named as a defendant in Whiteway's lawsuit. (CBC)
Former Waterloo constable Kelly Donovan says she's relieved Whiteway's civil case is moving forward.
"When you're fighting a battle like this, you're not fighting it for yourself. You're fighting it so that the public and the people around you see ... everything that's been kept under a lid," said Donovan.
Whiteway's lawyer said he's heard from other current and former Ontario police officers inquiring about their own potential lawsuits.
"The complaints are fairly egregious and for the most part they would shock the general public," said Justin Villeneuve, a partner with WVGB Law Group in Ottawa.
Whiteway's story began with harassment allegations against her supervisor. Many of those complaints were later corroborated by colleagues, according to court documents.
But the disciplinary case against her alleged harasser, Insp. Nick Lisi, dissolved when he retired on May 8, 2018.
Support is available for victims of intimate partner violence. Access crisis lines and local support services through this government of Canada resource list . If you're in immediate danger or fear for your safety or that of others around you, please call 911.
ABOUT THE AUTHOR
Justin A. Villeneuve
Partner | Personal Injury lawyer
Lawyer | Avocat
jvill@wvgblaw.com
613.505.5025
Justin A. Villeneuve
Partner | Personal Injury lawyer
Lawyer | Avocat
jvill@wvgblaw.com
613.505.5025
Justin is a fully bilingual lawyer and services clients in both French and English. He was born and raised in Sudbury, Ontario. He attended Nipissing University, in North Bay, Ontario. Justin played OUA Hockey at Nipissing while maintaining the highest average in his program. He was given early acceptance to the Common Law program at the University of Ottawa Law School. He obtained his Juris Doctorate in 2014 and was admitted to the Law Society of Upper Canada in 2016 after articling at Weaver Simmons in Sudbury, Ontario.
Justin works primarily as a litigation lawyer. He represents parties in insurance disputes,
personal injury claims,
and employment disputes at various levels of courts in Ontario. In
2020, Justin founded Villeneuve Litigation P.C., a litigation firm in
Ottawa, Ontario before partnering up with Charles Genest and William
Wolfe to form WVG Law Group.
Justin is a member of the Ontario Trial Lawyers Association, the Law Society of Ontario and the County of Carleton Law Association.
Outside of work, Justin enjoys playing golf and guitar in addition to travelling with his family. He lives in Almonte, Ontario and enjoys providing legal services to both Ottawa and Ottawa Valley residents.
https://www.policevswhistleblower.ca/about
WHO IS KELLY DONOVAN?
She made a decision to speak out against something she believed was wrong. She never imagined the journey ahead.
In 2016, Kelly Donovan was a police constable working as a Use of Force Instructor for the Waterloo Regional Police Service. She witnessed what she believed were abuses of power when police investigate themselves for domestic violence. She learned that Ontario laws prohibited police officers from making complaints against their chief of police, so she made an unprotected disclosure of wrongdoing by the chief to the police services board.
Kelly faced reprisal for making her disclosure in 2016, and she continues to face reprisal today - even after resigning in 2017.
Public Disclosure
Kelly believes firmly that it is in the public's interest that police business should be transparent, and that's why she created this site for visitors to read all public documents filed in her matter. Transparency is especially important when police use legitimate legal processes to silence a critic or whistleblower.
You can access all public documents in the main navigation menu under "Legal Proceedings" and search by year, or by using the links below where the information is organized by level of court/tribunal.
From: Justin Villeneuve <jvill@wvgblaw.com>
Date: Tue, Jul 2, 2024 at 5:25 PM
Subject: Out of Office Re: Perhaps we should talk 506 xxx xxxx
To: <david.raymond.amos333@gmail.com>
Please note I will be out of the office uuntil July 22nd. For any
urgent matters please contact Tonia Braun tbraun@wvgblaw.com.
--
*Justin A. Villeneuve*
LSO No. 70483S
*WVGB Law Group*
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Jul 2, 2024 at 5:24 PM
Subject: Perhaps we should talk 506 xxx xxxx
To: <jvill@wvgblaw.com>
> From: Justice Website <JUSTWEB@novascotia.ca>
> Date: Mon, 18 Sep 2017 14:21:11 +0000
> Subject: Emails to Department of Justice and Province of Nova Scotia
> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>
> Mr. Amos,
> We acknowledge receipt of your recent emails to the Deputy Minister of
> Justice and lawyers within the Legal Services Division of the
> Department of Justice respecting a possible claim against the Province
> of Nova Scotia. Service of any documents respecting a legal claim
> against the Province of Nova Scotia may be served on the Attorney
> General at 1690 Hollis Street, Halifax, NS. Please note that we will
> not be responding to further emails on this matter.
>
> Department of Justice
>
>
>> ---------- Forwarded message ----------
>> From: 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.
>>
>> These are digital recordings of the last three hearings
>>
>> Dec 14th https://archive.org/details/
>>
>> January 11th, 2016 https://archive.org/details/
>>
>> April 3rd, 2017
>>
>> https://archive.org/details/
>>
>>
>> This is the docket in the Federal Court of Appeal
>>
>> http://cas-cdc-www02.cas-satj.
>>
>>
>> The only hearing thus far
>>
>> May 24th, 2017
>>
>> https://archive.org/details/
>>
>>
>> This Judge understnds the meaning of the word Integrity
>>
>> Date: 20151223
>>
>> Docket: T-1557-15
>>
>> Fredericton, New Brunswick, December 23, 2015
>>
>> PRESENT: The Honourable Mr. Justice Bell
>>
>> BETWEEN:
>>
>> DAVID RAYMOND AMOS
>>
>> Plaintiff
>>
>> and
>>
>> HER MAJESTY THE QUEEN
>>
>> Defendant
>>
>> ORDER
>>
>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>> December 14, 2015)
>>
>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>> in its entirety.
>>
>> At the outset of the hearing, the Plaintiff brought to my attention a
>> letter dated September 10, 2004, which he sent to me, in my then
>> capacity as Past President of the New Brunswick Branch of the Canadian
>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>> he stated:
>>
>> As for your past President, Mr. Bell, may I suggest that you check the
>> work of Frank McKenna before I sue your entire law firm including you.
>> You are your brother’s keeper.
>>
>> Frank McKenna is the former Premier of New Brunswick and a former
>> colleague of mine at the law firm of McInnes Cooper. In addition to
>> expressing an intention to sue me, the Plaintiff refers to a number of
>> people in his Motion Record who he appears to contend may be witnesses
>> or potential parties to be added. Those individuals who are known to
>> me personally, include, but are not limited to the former Prime
>> Minister of Canada, The Right Honourable Stephen Harper; former
>> Attorney General of Canada and now a Justice of the Manitoba Court of
>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>> former Director of Policing Services, the late Grant Garneau; former
>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>> Police.
>>
>> In the circumstances, given the threat in 2004 to sue me in my
>> personal capacity and my past and present relationship with many
>> potential witnesses and/or potential parties to the litigation, I am
>> of the view there would be a reasonable apprehension of bias should I
>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>> Committee for Justice and Liberty et al v National Energy Board et al,
>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>> allegations of bias. In the circumstances, although neither party has
>> requested I recuse myself, I consider it appropriate that I do so.
>>
>>
>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>> the Court schedule another date for the hearing of the motion. There
>> is no order as to costs.
>>
>> “B. Richard Bell”
>> Judge
>>
>>
>> Below after the CBC article about your concerns (I made one comment
>> already) you will find the text of just two of many emails I had sent
>> to your office over the years since I first visited it in 2006.
>>
>> I noticed that on July 30, 2009, he was appointed to the the Court
>> Martial Appeal Court of Canada Perhaps you should scroll to the
>> bottom of this email ASAP and read the entire Paragraph 83 of my
>> lawsuit now before the Federal Court of Canada?
>>
>> "FYI This is the text of the lawsuit that should interest Trudeau the
>> most
>>
>>
>> ---------- Original message ----------
>> From: justin.trudeau.a1@parl.gc.ca
>> Date: Thu, Oct 22, 2015 at 8:18 PM
>> Subject: Réponse automatique : RE My complaint against the CROWN in
>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>> submit a motion for a publication ban on my complaint trust that you
>> dudes are way past too late
>> To: david.raymond.amos@gmail.com
>>
>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
>> lalanthier@hotmail.com
>>
>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>> tommy.desfosses@parl.gc.ca
>>
>> Please note that I changed email address, you can reach me at
>> lalanthier@hotmail.com
>>
>> To reach the office of Mr. Trudeau please send an email to
>> tommy.desfosses@parl.gc.ca
>>
>> Thank you,
>>
>> Merci ,
>>
>>
>> http://davidraymondamos3.
>>
>>
>> 83. The Plaintiff states that now that Canada is involved in more war
>> in Iraq again it did not serve Canadian interests and reputation to
>> allow Barry Winters to publish the following words three times over
>> five years after he began his bragging:
>>
>> January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>
>> December 8, 2014
>> Why Canada Stood Tall!
>>
>> Friday, October 3, 2014
>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>> Stupid Justin Trudeau
>>
>> Canada’s and Canadians free ride is over. Canada can no longer hide
>> behind Amerka’s and NATO’s skirts.
>>
>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>> actually committed the Canadian Army to deploy in the second campaign
>> in Iraq, the Coalition of the Willing. This was against or contrary to
>> the wisdom or advice of those of us Canadian officers that were
>> involved in the initial planning phases of that operation. There were
>> significant concern in our planning cell, and NDHQ about of the dearth
>> of concern for operational guidance, direction, and forces for
>> operations after the initial occupation of Iraq. At the “last minute”
>> Prime Minister Chretien and the Liberal government changed its mind.
>> The Canadian government told our amerkan cousins that we would not
>> deploy combat troops for the Iraq campaign, but would deploy a
>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>> incompetence and stupidity, the Canadian Army was heroic,
>> professional, punched well above it’s weight, and the PPCLI Battle
>> Group, is credited with “saving Afghanistan” during the Panjway
>> campaign of 2006.
>>
>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>> Liberal Prime Minister Jean Chretien committed, and deployed the
>> Canadian army to Canada’s longest “war” without the advice, consent,
>> support, or vote of the Canadian Parliament.
>>
>> What David Amos and the rest of the ignorant, uneducated, and babbling
>> chattering classes are too addled to understand is the deployment of
>> less than 75 special operations troops, and what is known by planners
>> as a “six pac cell” of fighter aircraft is NOT the same as a
>> deployment of a Battle Group, nor a “war” make.
>>
>> The Canadian Government or The Crown unlike our amerkan cousins have
>> the “constitutional authority” to commit the Canadian nation to war.
>> That has been recently clearly articulated to the Canadian public by
>> constitutional scholar Phillippe Legasse. What Parliament can do is
>> remove “confidence” in The Crown’s Government in a “vote of
>> non-confidence.” That could not happen to the Chretien Government
>> regarding deployment to Afghanistan, and it won’t happen in this
>> instance with the conservative majority in The Commons regarding a
>> limited Canadian deployment to the Middle East.
>>
>> President George Bush was quite correct after 911 and the terror
>> attacks in New York; that the Taliban “occupied” and “failed state”
>> Afghanistan was the source of logistical support, command and control,
>> and training for the Al Quaeda war of terror against the world. The
>> initial defeat, and removal from control of Afghanistan was vital and
>>
>> P.S. Whereas this CBC article is about your opinion of the actions of
>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>> had my files for many years and the last thing they are is ethical.
>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>
>> Subject:
>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>> To: motomaniac_02186@yahoo.com
>>
>> January 30, 2007
>>
>> WITHOUT PREJUDICE
>>
>> Mr. David Amos
>>
>> Dear Mr. Amos:
>>
>> This will acknowledge receipt of a copy of your e-mail of December 29,
>> 2006 to Corporal Warren McBeath of the RCMP.
>>
>> Because of the nature of the allegations made in your message, I have
>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>> Graham of the RCMP “J” Division in Fredericton.
>>
>> Sincerely,
>>
>> Honourable Michael B. Murphy
>> Minister of Health
>>
>> CM/cb
>>
>>
>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>
>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>> motomaniac_02186@yahoo.com
>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>> forgotten me but the crooks within the RCMP have not
>>
>> Dear Mr. Amos,
>>
>> Thank you for your follow up e-mail to me today. I was on days off
>> over the holidays and returned to work this evening. Rest assured I
>> was not ignoring or procrastinating to respond to your concerns.
>>
>> As your attachment sent today refers from Premier Graham, our position
>> is clear on your dead calf issue: Our forensic labs do not process
>> testing on animals in cases such as yours, they are referred to the
>> Atlantic Veterinary College in Charlottetown who can provide these
>> services. If you do not choose to utilize their expertise in this
>> instance, then that is your decision and nothing more can be done.
>>
>> As for your other concerns regarding the US Government, false
>> imprisonment and Federal Court Dates in the US, etc... it is clear
>> that Federal authorities are aware of your concerns both in Canada
>> the US. These issues do not fall into the purvue of Detachment
>> and policing in Petitcodiac, NB.
>>
>> It was indeed an interesting and informative conversation we had on
>> December 23rd, and I wish you well in all of your future endeavors.
>>
>> Sincerely,
>>
>> Warren McBeath, Cpl.
>> GRC Caledonia RCMP
>> Traffic Services NCO
>> Ph: (506) 387-2222
>> Fax: (506) 387-4622
>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>
>>
>>
>> Alexandre Deschênes, Q.C.,
>> Office of the Integrity Commissioner
>> Edgecombe House, 736 King Street
>> Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax: 506-444-5224
>> e-mail:coi@gnb.ca
>>
>
>
> 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.
>> ilian.html
>>
>>> http://www.cbc.ca/news/world/
>>>
>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>
>>> http://www.youtube.com/watch?
>>>
>>> What the hell does the media think my Yankee lawyer served upon the
>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>> cards?
>>>
>>> http://archive.org/details/
>>> 6
>>>
>>> http://davidamos.blogspot.ca/
>>>
>>> http://www.archive.org/
>>>
>>> http://archive.org/details/
>>>
>>> FEDERAL EXPRES February 7, 2006
>>> Senator Arlen Specter
>>> United States Senate
>>> Committee on the Judiciary
>>> 224 Dirksen Senate Office Building
>>> Washington, DC 20510
>>>
>>> Dear Mr. Specter:
>>>
>>> I have been asked to forward the enclosed tapes to you from a man
>>> named, David Amos, a Canadian citizen, in connection with the matters
>>> raised in the attached letter.
>>>
>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>> tapes.
>>>
>>> I believe Mr. Amos has been in contact with you about this previously.
>>>
>>> Very truly yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508) 926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email: bbachrach@bowditch.com
>>>
>>
>
> http://davidraymondamos3.
>
>
> Sunday, 19 November 2017
> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
> The Supreme Court
>
> https://decisions.fct-cf.gc.
>
>
> Federal Court of Appeal Decisions
>
> Amos v. Canada
> Court (s) Database
>
> Federal Court of Appeal Decisions
> Date
>
> 2017-10-30
> Neutral citation
>
> 2017 FCA 213
> File numbers
>
> A-48-16
> Date: 20171030
>
> Docket: A-48-16
> Citation: 2017 FCA 213
> CORAM:
>
> WEBB J.A.
> NEAR J.A.
> GLEASON J.A.
>
>
> BETWEEN:
> DAVID RAYMOND AMOS
> Respondent on the cross-appeal
> (and formally Appellant)
> and
> HER MAJESTY THE QUEEN
> Appellant on the cross-appeal
> (and formerly Respondent)
> Heard at Fredericton, New Brunswick, on May 24, 2017.
> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
> REASONS FOR JUDGMENT BY:
>
> THE COURT
>
>
>
> Date: 20171030
>
> Docket: A-48-16
> Citation: 2017 FCA 213
> CORAM:
>
> WEBB J.A.
> NEAR J.A.
> GLEASON J.A.
>
>
> BETWEEN:
> DAVID RAYMOND AMOS
> Respondent on the cross-appeal
> (and formally Appellant)
> and
> HER MAJESTY THE QUEEN
> Appellant on the cross-appeal
> (and formerly Respondent)
> REASONS FOR JUDGMENT BY THE COURT
>
> I. Introduction
>
> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
> filed a 53-page Statement of Claim (the Claim) in Federal Court
> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
> in damages and a public apology from the Prime Minister and Provincial
> Premiers for being illegally barred from accessing parliamentary
> properties and seeks a declaration from the Minister of Public Safety
> that the Canadian Government will no longer allow the Royal Canadian
> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
> (Claim at para. 96).
>
> [2] On November 12, 2015 (Docket T-1557-15), by way of a
> motion brought by the Crown, a prothonotary of the Federal Court (the
> Prothonotary) struck the Claim in its entirety, without leave to
> amend, on the basis that it was plain and obvious that the Claim
> disclosed no reasonable claim, the Claim was fundamentally vexatious,
> and the Claim could not be salvaged by way of further amendment (the
> Prothontary’s Order).
>
>
> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
> Court (the Judge), reviewing the matter de novo, struck all of Mr.
> Amos’ claims for relief with the exception of the claim for damages
> for being barred by the RCMP from the New Brunswick legislature in
> 2004 (the Federal Court Judgment).
>
>
> [4] Mr. Amos appealed and the Crown cross-appealed the
> Federal Court Judgment. Further to the issuance of a Notice of Status
> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
> As such, the only matter before this Court is the Crown’s
> cross-appeal.
>
>
> II. Preliminary Matter
>
> [5] Mr. Amos, in his memorandum of fact and law in
> relation to the cross-appeal that was filed with this Court on March
> 6, 2017, indicated that several judges of this Court, including two of
> the judges of this panel, had a conflict of interest in this appeal.
> This was the first time that he identified the judges whom he believed
> had a conflict of interest in a document that was filed with this
> Court. In his notice of appeal he had alluded to a conflict with
> several judges but did not name those judges.
>
> [6] Mr. Amos was of the view that he did not have to
> identify the judges in any document filed with this Court because he
> had identified the judges in various documents that had been filed
> with the Federal Court. In his view the Federal Court and the Federal
> Court of Appeal are the same court and therefore any document filed in
> the Federal Court would be filed in this Court. This view is based on
> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
> c. F-7:
>
>
> 5(4) Every judge of the Federal Court is, by virtue of his or her
> office, a judge of the Federal Court of Appeal and has all the
> jurisdiction, power and authority of a judge of the Federal Court of
> Appeal.
> […]
>
> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
> les juges de la Cour d’appel fédérale.
> […]
> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
> that office, a judge of the Federal Court and has all the
> jurisdiction, power and authority of a judge of the Federal Court.
>
> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
> juges de la Cour fédérale.
>
>
> [7] However, these subsections only provide that the
> judges of the Federal Court are also judges of this Court (and vice
> versa). It does not mean that there is only one court. If the Federal
> Court and this Court were one Court, there would be no need for this
> section.
> [8] Sections 3 and 4 of the Federal Courts Act provide that:
> 3 The division of the Federal Court of Canada called the Federal Court
> — Appeal Division is continued under the name “Federal Court of
> Appeal” in English and “Cour d’appel fédérale” in French. It is
> continued as an additional court of law, equity and admiralty in and
> for Canada, for the better administration of the laws of Canada and as
> a superior court of record having civil and criminal jurisdiction.
>
> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
> français et « Federal Court of Appeal » en anglais. Elle est maintenue
> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
> Canada, propre à améliorer l’application du droit canadien, et
> continue d’être une cour supérieure d’archives ayant compétence en
> matière civile et pénale.
> 4 The division of the Federal Court of Canada called the Federal Court
> — Trial Division is continued under the name “Federal Court” in
> English and “Cour fédérale” in French. It is continued as an
> additional court of law, equity and admiralty in and for Canada, for
> the better administration of the laws of Canada and as a superior
> court of record having civil and criminal jurisdiction.
>
> 4 La section de la Cour fédérale du Canada, appelée la Section de
> première instance de la Cour fédérale, est maintenue et dénommée «
> Cour fédérale » en français et « Federal Court » en anglais. Elle est
> maintenue à titre de tribunal additionnel de droit, d’equity et
> d’amirauté du Canada, propre à améliorer l’application du droit
> canadien, et continue d’être une cour supérieure d’archives ayant
> compétence en matière civile et pénale.
>
>
> [9] Sections 3 and 4 of the Federal Courts Act create
> two separate courts – this Court (section 3) and the Federal Court
> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
> Court were automatically also filed in this Court, then there would no
> need for the parties to prepare and file appeal books as required by
> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
> to any appeal from a decision of the Federal Court. The requirement to
> file an appeal book with this Court in relation to an appeal from a
> decision of the Federal Court makes it clear that the only documents
> that will be before this Court are the documents that are part of that
> appeal book.
>
>
> [10] Therefore, the memorandum of fact and law filed on
> March 6, 2017 is the first document, filed with this Court, in which
> Mr. Amos identified the particular judges that he submits have a
> conflict in any matter related to him.
>
>
> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
> before the Federal Court seeking an order “affirming or denying the
> conflict of interest he has” with a number of judges of the Federal
> Court. A judge of the Federal Court issued a direction noting that if
> Mr. Amos was seeking this order in relation to judges of the Federal
> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
> Mr. Amos raised the Federal Court motion at the hearing of this
> cross-appeal. The Federal Court motion is not a motion before this
> Court and, as such, the submissions filed before the Federal Court
> will not be entertained. As well, since this was a motion brought
> before the Federal Court (and not this Court), any documents filed in
> relation to that motion are not part of the record of this Court.
>
>
> [12] During the hearing of the appeal Mr. Amos alleged that
> the third member of this panel also had a conflict of interest and
> submitted some documents that, in his view, supported his claim of a
> conflict. Mr. Amos, following the hearing of his appeal, was also
> afforded the opportunity to provide a brief summary of the conflict
> that he was alleging and to file additional documents that, in his
> view, supported his allegations. Mr. Amos submitted several pages of
>
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