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Subject: Automatic reply: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
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Subject: Automatic reply: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
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Subject: Re: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
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Subject: RE: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
To: David Amos motomaniac333@gmail.com
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From: David Amos motomaniac333@gmail.com
Date: Wed, 1 Nov 2017 21:53:10 -0400
Subject: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
To: jan.jensen@justice.gc.ca, Nathalie.Drouin@justice.gc.ca, bill.pentney@justice.gc.ca, Bill.Morneau@canada.ca, suzelle.bazinet@cas-satj.gc.ca, Elizabeth.Caverly@cas-satj.gc.ca, andrew.baumberg@fct-cf.gc.ca, mcu@justice.gc.ca, Jody.Wilson-Raybould@parl.gc.ca, m.ertel@bsbcriminallaw.com, paul.adams@ppsc-sppc.gc.ca, gabrielle.fahmy@cbc.ca, Patrick.Bouchard@rcmp-grc.gc.ca, Liliana.Longo@rcmp-grc.gc.ca, ralph.goodale@parl.gc.ca, Frank.McKenna@td.com, pm@pm.gc.ca, Gerald.Butts@pmo-cpm.gc.ca, Katie.Telford@pmo-cpm.gc.ca, Michael.Wernick@pco-bcp.gc.ca, Michael.Duheme@rcmp-grc.gc.ca, heather.bradley@parl.gc.ca, cmunroe@glgmlaw.com, MulcaT@parl.gc.ca, leader@greenparty.ca, andrew.scheer@parl.gc.ca, andre@jafaust.com, jbosnitch@gmail.com, Jacques.Poitras@cbc.ca, sylvie.gadoury@radio-canada.ca, ht.lacroix@cbc.ca, hon.melanie.joly@canada.ca, Hon.Dominic.LeBlanc@canada.ca, darryl.davies@carleton.ca, akemp@andrewkemp.ca, Gilles.Blinn@rcmp-grc.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca, maxime.bernier@parl.gc.ca, dyazbeck@ravenlaw.com, Adam.Malik@lexisnexis.ca, Bruce.Kirkpatrick@rcmp-grc.gc.ca, matthew.grace@lexinexis.ca, lise.henrie@cas-satj.gc.ca, christopher.rupar@justice.gc.ca, jason@lawmade.com, Loik.Amis@lexisnexis.ca, comments@lawyersweekly.ca, victoria.jefferies@lexisnexis.ca, Norman.Sabourin@cjc-ccm.gc.ca, Philippe.Joly@cie.parl.gc.ca, Paul.Lynch@edmontonpolice.ca, marc.giroux@fja-cmf.gc.ca, Andrew.Bailey@fca.org.uk, patrick_doran1@hotmail.com, pol7163@calgarypolice.ca, david.raymond.amos@gmail.com, nick.moore@bellmedia.ca, jeremy.keefe@globalnews.ca, newsroom@globeandmail.ca, news@kingscorecord.com, brian.hodgson@assembly.ab.ca, dan.bussieres@gnb.ca, maxnews@bellmedia.ca, steve.murphy@ctv.ca, lee.bell-smith@gnb.ca, serge.rousselle@gnb.ca, briangallant10@gmail.com, wharrison@nbpower.com, george.oram@gnb.ca, george.furey@sen.parl.gc.ca, darrow.macintyre@cbc.ca, David.Coon@gnb.ca
Cc: david.raymond.amos333@gmail.com, SFine@globeandmail.com, rfife@globeandmail.com, Ezra@therebel.media, washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca
http://www.nbeub.ca/opt/M/browserecord.php?-action=browse&-recid=560
http://davidraymondamos3.blogspot.ca/2017/11/methinks-rcmp-fbi-dhs-and-lot-od.html
Wednesday, 1 November 2017
Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be
concerned about this transcript
Still nothing new filed in the docket of the Federal Court of Appeal but more documents have appeared in the EUB records.
Enjoy
https://www.scribd.com/document/363252121/EUB-Halloween-Transcript
Here are the words from the transcript of the wicked Halloween hearing that I deemed important.
Pages 11-24
Brunswick Energy and Utilities Board
Commission de L'Energie et des Services Publics N.-B.
PARTICIPANTS - Matter 375 IN THE MATTER OF an application by
New Brunswick Power Corporation for approval of the schedules of the rates for
the fiscal year commencing April 1, 2018. held at the Delta Hotel Saint John,
New Brunswick, on October 31, 2017.
BEFORE: Raymond Gorman, Q.C. - Chairman
Francois Beaulieu - Vice-Chairman
Michael Costello - Member
NB Energy and Utilities Board
- Counsel - Ms. Ellen Desmond, Q.C.
- Staff - John Lawton
..............................................................
CHAIRMAN: Good morning, everyone. This is a pre-hearing
conference of the New Brunswick Energy and Utilities Board in connection with
Matter 375, which is a general rate application by New Brunswick Power
Corporation pursuant to section 1.03 of the Electricity Act and a request for
approval of a capital project consisting of the procurement and deployment of
advanced metering 5 infrastructure, usually known as AMI, in the amount of $122
million. We have simultaneous translation 7 available today. I believe the
translation devices have been placed at all of your seats and I am told that
channel 1 will provide English and channel 2 will provide French.
VICE-CHAIRMAN: Essentiellement ce que le président Indiquait
c’est on est ici relativement en conférence préalable et puis vous avez accès à
une traduction simultanée. La fréquence numéro 1 est pour les anglophones e la
fréquence numéro 2 est pour les francophones. Et pus si vous désirez adressée
le tribunal dans la langue française, on vous demande de le faire. Merci.
CHAIRMAN: So at this time I will take the appearances from
the people who have indicated they wish to participate in this pre-hearing conference.
So first of all, the applicant, N.B. Power Corporation?
MR. FUREY: Good morning, Mr. Chair, John Furey for New
Brunswick Power Corporation. I am accompanied this 1 morning at counsel table
by Stephen Russell.
CHAIRMAN: Thank you, Mr. Furey. David Amos? Mr. Amos, did
you put your microphone on?
MR. AMOS: Here.
CHAIRMAN: Thank you. Enbridge Gas New Brunswick?
MR. VOLPE: Good morning, Mr. Chair. Paul Volpe,
Enbridge Gas New Brunswick.
CHAIRMAN: Thank you, Mr. Volpe. Gerald Bourque?
MR. BOURQUE: Gerald Bourque is here.
CHAIRMAN: Thank you, Mr. Bourque. J.D. Irving, Limited?
MR. STEWART: Christopher Stewart, Mr. Chairman.
CHAIRMAN: Thank you, Mr. Stewart. New Clear Free
Solutions?
MR. ROUSE: Good morning, Mr. Chair. Chris Rouse,for the
record.
CHAIRMAN: Thank you, Mr. Rouse. Roger Richard?
MR. RICHARD: Oui, je suis Richard.
CHAIRMAN: Thank you. Sussex Sharing Club? Not here today.
Utilities Municipal?
MR. STOLL: Good morning, Mr. Chair. It is Mr. Stoll. With me
is Mr. Garrett and Ms. Kelly.
CHAIRMAN: Thank you, Mr. Stoll. Utilities Municipal? Sorry,
Public Intervenor?
MS. BLACK: Good morning, Mr. Chair, Heather Black.
CHAIRMAN: Thank you, Ms. Black. New Brunswick Energy and Utilities
Board?
MS. DESMOND: Good morning, Mr. Chair. Ellen Desmond and from
Board Staff, John Lawton.
CHAIRMAN: Thank you, Ms. Desmond. So today's pre-hearing
conference will deal with the normal issues that we deal with at pre-hearing
conferences, generally is the hearing schedule and process. But as well we have
requests for intervenor status from eight different entities and we have an
objection to one of those requests for intervenor status and that is the status
of Mr. Amos. So I think that before we get into the schedule, I think it would
be useful to go through the requests for intervenor status. I am just going to wait here a moment.
All right, i guess the sound system has been fixed. So we
are on the request for intervenor status. The Public Intervenor of course is
deemed to be a party pursuant to Section 49.3 of the EUB Act. And then we have
requests for intervenor status from David Amos, Enbridge Gas New Brunswick,
Gerald Bourque, J.D. Irving, Limited, New Clear Free Solutions, Roger Richard,
Sussex Sharing Club and Utilities Municipal. And as I had indicated, the Board
received a written objection to the intervention of Mr. Amos.
So, Mr. Furey, do you have any issue with any of the other
registered participants today?
MR. FUREY: No, we don't, Mr. Chair, and the only additional
comment I would make around that is that we recognize that not every proposed
intervenor has necessarily complied perfectly with the provisions of Rule
3.2.4, but those that have not that we don't object to, we have a general
understanding already of the issues that they would bring to the proceeding.
CHAIRMAN: Thank you. The Board has in fact reviewed the
requests that we have received for intervenor status. One of the -- one of the
issues that you raise with respect to Mr. Amos is that he has not indicated in
his form -- in his registration form the reason for his intervention. And in
reviewing them, I note that the only other form where I see that is the form
filled out by Mr. Bourque. So at this stage I just want -- Mr. Bourque perhaps
-- you know, you may not have understood that on these intervenor requests that
it's intended that you would indicate why you want intervenor status, what
issues you would be raising at the hearing. Would you be able to provide that
information at this time? I appreciate it's not on your form.
MR. BOURQUE: Well I'm not very versed in all these
procedures and I was coming to learn what was going on, and I was -- if there
is issues that come up that I don't agree with, I certainly will speak on it,
but I don't have anything prepared ahead of time.
CHAIRMAN: So are you a customer of NB Power and what rate
class -- if so, what rate class would you, you know, purport to represent at
this hearing?
MR. BOURQUE: I'm a customer of NB Power and I'm just a
resident and -- yes.
CHAIRMAN: So is your intervention with respect to
residential customers or is it broader than that?
MR. BOURQUE: I'm basically representing myself and -- yes.
CHAIRMAN: Okay. Thank you.
MR. BOURQUE: Thank you.
CHAIRMAN: So, Mr. Amos, before we get into the discussion
with respect to your status as intervenor, because there has been an objection
filed, again your intervenor request does not set out the reasons for your
request to be an intervenor. So just like I have put those questions to Mr.
Bourque, could you perhaps just expand upon the rate class that perhaps you are
a customer in and what perspective you would bring to this hearing?
MR. AMOS: Mr. Gorman, I just became aware of this motion as
I entered this room. I'm just starting to read it now. I request time to study
it before I argue it. With that said, as I said in the last hearing,
residential class ratepayer, the reason I'm intervening in this matter is
because of my two friends here. Both have concerns with these rate increases.
My friend Roger in particular has to do with the smart meters and Gerald with
the expenses and the debts incurred by NB Power. Both of these fellows are not
familiar with how court processes work and they asked me to help them with this
matter. I was done with you -- 357 and preparing to sue you, sir. I said I will
help them intervene because of his concerns about smart meters, his concerns
about the debts involving site meters and other things, and my concerns about
the severe lack of ethics of all the officers of the court in this room. Mr.
Furey is familiar with me when he worked for the attorney General.
Now in the last hearing that I was at I was invited to a
meeting in a boardroom of Stewart McKelvey, the very people that appear to have
filed this motion, saying I don't know my business. At this meeting I wasn't
allowed to share what was said, although all the intervenors, including Hugh
Segal's associate, listened in --
CHAIRMAN: Mr. Amos, if I could just interrupt for a moment
--
MR. AMOS: It has to do with ratepayers --
CHAIRMAN: No, no. Excuse me, please.
MR. AMOS: -- and site --
CHAIRMAN: Please, Mr. Amos --
MR. AMOS: Your question is site meters, sir.
CHAIRMAN: Mr. Amos, could you just hold back your remarks
for a moment.
MR. AMOS: I'm reading this motion. I'm much offended.
CHAIRMAN: Look, before we get to the motion, all I have
asked you is for you --
MR. AMOS: Site meters, sir.
CHAIRMAN: Sorry?
MR. AMOS: Site meters. $122 million and then the write-off
of the existing meters. I believe that's in the mandate of this, correct?
CHAIRMAN: Okay. So you are saying that you are intending to
intervene in this proceeding because of the --
MR. AMOS: I'm watching you, sir. You are at the end of your
term February 1st. Jack Keir appointed you ten years ago February 1st. I wonder
--
CHAIRMAN: Mr. Amos, I'm --
MR. AMOS: -- who the next Chair is going to be.
CHAIRMAN: Mr. Amos, could you try to stay on topic
here.
The question --
MR. AMOS: I'm checking your integrity in helping my friends
with their concerns about the expenses of NB Power in site meters.
CHAIRMAN: Okay. So, Mr. Amos, are you telling me that your
intervention would be around the advanced meter infrastructure? Is that the
reason that you want to intervene?
MR. AMOS: And the rate increase in and of itself is
unnecessary.
CHAIRMAN: Okay.
MR. AMOS: I have many reasons --
CHAIRMAN: Okay. Could I --
MR. AMOS: -- but I think it's a matter for another court
after reading this motion. They mentioned the Federal Court of Appeal. You must
be aware of me in the Federal Court, right?
CHAIRMAN: Sir, that's the matter --
MR. AMOS: Have you read this motion?
CHAIRMAN: -- that we are now discussing. Sir, that's not
what we are talking about right now.
MR. AMOS: Well that's what I'm talking about.
CHAIRMAN: I want to know the reason for your intervention
and you have said --
MR. AMOS: Site meters and this rate increase and the write
down of the current meters.
CHAIRMAN: Okay. So you have indicated that you are here
because you want to assist --
MR. AMOS: Are you double-talking? That's exactly what I
said. It's on the record. I'm here because I take offence to the deal with --
what is it, Siemens -- for 122 million and then the cost of installing these
meters so that the ratepayers will have to pay more during certain times of the
day when they use a dryer when Mr. Furey decides it's not proper.
CHAIRMAN: Okay. So --
MR. AMOS: He forgets who owns NB Power. We do. You too. We
are the ratepayers. As I said in the last hearing, you should protect your own
interest, Mr. Gorman.
CHAIRMAN: So, Mr. Amos, we are going to set aside the issue
of whether or not you will be an intervenor to give you an opportunity to read
that material. I understand that it would have been served electronically on
all parties, at least that's the rule. Mr. Furey, can you --
MR. AMOS: I never saw it until this morning.
CHAIRMAN: Can you confirm that it would have been sent to an
email address provided by Mr. Amos?
MR. FUREY: That's correct, Mr. Chair. It was sent yesterday
morning to the distribution list in this proceeding including Mr. Amos' email that he had provided.
CHAIRMAN: Okay.
MR. AMOS: I need to remind Mr. Furey that he used to work
for the Attorney General when I served NB Power in 2006. He and I spoke personally
in 2005.
CHAIRMAN: So, Mr. Amos, we are not going to hear that
immediately. The documentation -- I think most of it is documentation that you
previously filed, so I'm assuming that you are --
MR. AMOS: I'm glad to argue every single word that I filed
in 357.
CHAIRMAN: So I'm assuming that you are familiar with that.
It's the --
MR. AMOS: I'm very familiar with every word that I filed.
CHAIRMAN: Mr. Amos, if I gave you 20 minutes to read that,
is that enough time?
MR. AMOS: 20 minutes? Could you argue that document in 20
minutes? Let me take 20 minutes to study it but I don't know what you guys are
talking about in the meantime I should pay attention to.
CHAIRMAN: So I think what we will do is we will set that
aside for a moment and we will move on to scheduling and we will come back to
that.
MR. AMOS: Because I want to pay attention to every word you
1 are saying this morning.
CHAIRMAN: Mr. Amos, we are going to set this issue aside for
now, then we are going to have a break and I'm going to give you an opportunity
to have a look at it. But my point is that the vast majority of the material
that was filed was material that came from you. So I assume you are familiar
with that part of it.
MR. AMOS: Let me back up. When I first introduced myself on
a pre-hearing for 357, I was opposing a former public intervenor wanting to get
on the gravy train again. I explained myself when I introduced myself at that,
that every lawyer in the room should know who I was, including you. I sent you
emails where I sent you emails ten years ago. That said, I know who I am. I was
there to oppose a former public intervenor wanting to get paid by his own
assistant. I opposed that. I can speak on my behalf, Gerald can speak on his
behalf, Roger can speak on his behalf. Why should anybody be paid?
After that I was invited by NB Power, Mr. Furey, to a secret
meeting to discuss this. They wanted to pick my brains to see what my issues
were. And we couldn't disclose what was said in the room.
I clearly stated what my issues were, conflict of interest
by law firms. Good example. The people that filed this motion today, JDI,
Stewart McKelvey, are also employed by NB Power to litigate to collect for
Lepreau. That's conflict of interest. And then we have McInnes and Cooper and then
we have and then we have and then we have.
CHAIRMAN: Mr. Amos --
MR. AMOS: So I asked all these questions in confidence. They
said it's a matter for the hearing. So then we go to have a hearing and you
cancel the hearing so I can't ask the questions. I said fine, we will see you
in another court. Then my friends asked me for my assistance over this rate
increase and site meters in particular and the rate increase in general. I said
fine, I will let you guys do the talking and I will advise you because you are
not familiar. Any time that I decide to speak I will because I have a right to.
But since you people want to attack me, I'm all for it, but I need to study
what you are up to first.
CHAIRMAN: Okay. Mr. Amos, I'm going to cut you off there. So
on the request for intervenor status we are going to grant intervenor status to
Enbridge Gas New Brunswick, Gerald Bourque, J.D. Irving, Limited, New Clear
Free Solutions, Roger Richard, Sussex Sharing Club and Utilities Municipal were
the PIs already indicated as deemed to be a party pursuant to Section 49.3 of
the EUB Act. And, Mr. Amos, we will set aside your request to be an intervenor
until we have dealt with other matters and we will come back to that a little
bit later and I will give you an opportunity to review the material that you
would not be familiar with.
MR. AMOS: I thank you for that.
Later Page 32 -33
CHAIRMAN: So just before I move on and hear from other
parties, and we did talk about the month of March, I believe that this
information may have been in an affidavit in terms of the proposed schedule
going forward, and my recollection is that NB Power was talking about filing
something on Lepreau in November with a possible hearing in March, and this was
a process hearing. Perhaps you could tell me where we are with that because
that would give us an idea as to what time might be available.
MR. FUREY: So, Mr. Chair, I think practical realities have
led us to revisit that as well, and we wouldn't anticipate filing of the
Mactaquac procedural application until the conclusion of this GRA. So I think
we can remove that from the equation in terms of concerns about timing
during the course of the hearing
process.
CHAIRMAN: Thank you. Mr. Amos, do you have a preference on a
start date between the 5th or the 12th of February?
MR. AMOS: No preference at all. Whatever suits NB
Power.
CHAIRMAN: Okay. And in terms of the length of the hearing,
do you have a -- you have to turn your microphone on -- any preference or any
comment on the --
MR. AMOS: No. Whatever suits the Board and NB Power and the
other intervenors suits me.
CHAIRMAN: Thank you. Mr. Volpe?
Page 55-85
CHAIRMAN: So just I guess going down the list of things that
we need to talk about, the confidentiality agreement has been circulated. Also
there was a three line explanation of the changes in this confidentiality
agreement from previous confidentiality agreements. So I don't know if the parties
have had enough time to consider the form of that agreement or not or have any
comments. So I will just go down through the list. Mr. Amos, have you looked at
the agreement?
MR. AMOS: Yes. I had just a -- I had a quick glance at it
and I had an issue with it in the 357 matter.
CHAIRMAN: Yes.
MR. AMOS: And I sent an email to Mr. Furey, et cetera, and I
said don't give me anything that's confidential, and therefore I can't be
accused of disclosing something I shouldn't.
CHAIRMAN: Okay. So --
MR. AMOS: He never answered me.
CHAIRMAN: Okay. So your position really is you are not
signing it no matter what form it's in if it requires you to keep information
--
MR. AMOS: This is a public hearing. This is a publicly owned
corporation billing the public, and if you don't want the public to know
something, then I don't want to know.
CHAIRMAN: I understand. So you don't have a position of the form itself. You are not going to sign a
confidentiality document.
MR. AMOS: I find the form offensive in and of itself.
CHAIRMAN: Okay. All right. Thank you. Mr. Volpe?
MR. VOLPE: No other comment, Mr. Chair. Thank you.
CHAIRMAN: Mr. Bourque?
MR. BOURQUE: I understand that these are public hearings and
that why is this information being kept from the public is my question.
CHAIRMAN: Well, Mr. Bourque, the issue here really is the
form of the confidentiality agreement. Legislation provides for information
that of a certain nature can be -- there can be a claim for confidentiality.
There can be challenges to those claims. But there is a process. So the issue
really is the form. Do you have any issue with the form?
MR. BOURQUE: I'm not really sure on that.
CHAIRMAN: All right. Thank you. Mr. Stewart?
MR. STEWART: Mr. Chairman, to be honest, I haven't really
had much of an opportunity -- I know Mr. Furey sent that yesterday afternoon --
to have a look. So I did note in his email, you know, the difference, but I'm
really not in a position to say I'm fine with it at this particular moment in
time.
CHAIRMAN: So are you asking for some additional time to
provide comments to the Board or are you satisfied if the Board makes a
decision this morning?
MR. STEWART: I'm satisfied if the Board makes a decision.
CHAIRMAN: Thank you. Mr. Rouse?
MR. ROUSE: No comments.
CHAIRMAN: Mr. Richard?
MR. RICHARD: Oui monsieur président. Mais je pense que je
n’ai pas reçu la formule moi aussi parce que j’ai trompé en être
poursuivi.
CHAIRMAN: Thank you. Mr. Stoll?
MR. STOLL: We are satisfied if the Board just makes a
decision this morning.
CHAIRMAN: Ms. Black?
MR. BLACK: I have no issues with the form. Thank you.
CHAIRMAN: Thank you. Ms. Desmond, Board staff don't need to
sign it anyway, do they?
MS. DESMOND: We don't, no, Mr. Chair, although I will just
make one comment and that is I think under our Rules of Procedure there is a
confidentiality undertaking pursuant to Rule 6.5. So I appreciate this is
perhaps a document we have used historically but it may be something going
forward the Board may want to turn its mind to whether or not there is a
standard undertaking that can be used for all matters.
CHAIRMAN: That's an excellent idea and perhaps we might even
do a practice note or something with reference to that. Okay.
"Well having heard from the parties this morning, the
document that has been put forward as the proposed confidentiality agreement in
fact will be the one that will be approved for use in this proceeding."
"So other than the issue relating to Mr. Amos' status
as an intervenor, are there any other issues that we need to deal with this
morning?"
MR. FUREY: I don't believe so, Mr. Chair.
CHAIRMAN: Okay. So turning then to the objection to Mr. Amos
being named as an intervenor or becoming an intervenor in this matter -- all
right. So, Mr. Furey, we have looked at your notice of objection to the
intervenor request and if I may attempt to summarize it, it really relies on
two grounds, and I think the first three paragraphs in your notice of objection
deal with Rule 3.2.2 of the Rules of Procedure indicating the party must
demonstrate a substantial interest in the proceeding and an intent to
participate actively and responsibly. And so there is a responsibility there to
show what their interest is. The second part of your objection here deals with
the requirement to participate responsibly.
With respect to the first part of your objection, Mr. Amos
this morning clarified, you know, the basis of what his interest is in the
proceeding and essentially how that interest justified the granting of
intervenor status. Do you have anything further to say on that aspect of it or is
essentially most of the objection -- certainly by volume here most of the
objection seems to be on the contention here that perhaps he may not
participate responsibly.
MR. FUREY: Yes. That would be the focus of my submissions
here this morning.
CHAIRMAN: And would you agree that Mr. Amos has in fact
essentially fulfilled the obligations of the first part of what had been your
objection?
MR. FUREY: I would.
CHAIRMAN: Okay. So with respect to the duty to participate
responsibly, you filed documentation which has been provided to all the parties
and the Board of course has read it, as I'm sure others have. Do you -- I guess
it's your objection. So is there anything that you want to highlight here or
anything further you want to add?
MR. FUREY: Yes. If I might have a few minutes to do that, I
would appreciate it, Mr. Chair.
So I mean, I guess the starting point is what -- what is the
requirement -- what is the content of the requirement to participate in a
responsible fashion, and the rules don't -- don't give us any further guidance
on that. But I would suggest that the content of that requirement is that it is
an obligation of an intervenor to raise issues that are relevant to the
jurisdiction of the Board in the proceeding and not issues that are extraneous
or completely unrelated, and to do so -- while recognizing that we are in an
adversarial process, to do so in a respectful and civil fashion. And our
submission is that the material on which we rely, which is all Mr. Amos' --
either all of Mr. Amos' documents or the transcript of a motion that was argued
on October 5th of this year demonstrates I would say quite clearly that Mr.
Amos is not capable of that type of reasonable participation in the process.
And generally, and I said this in paragraph 5 of the notice
of the objection -- generally a review of Mr. Amos' documents discloses a
pattern of behaviour that is confrontational in nature and is characterized by
unsubstantiated allegations of unethical or illegal behaviour by various
political figures, judges, lawyers, law enforcement officials.
I think it's worth noting that Mr. Amos' own documents show
that he has, on at least one occasion and perhaps two, been banned or barred
from the grounds of the New Brunswick Legislative Assembly on the basis of
harassment of MLAs, officers and staff of the Legislative Assembly. Having been
so barred, he brought a complaint against the
members of the Fredericton City police force to the Police Commission,
that was subsequently dismissed, relating to their involvement in barring him
from the Legislative Assembly.
I am going to spend a little time, Mr. Chair, with respect
to Mr. Amos' complaint against Judge Henrik Tonning to the New Brunswick
Judicial Council, and that appears at appendix D of the objection. And in
particular two pages in, there is an affidavit that Mr. Amos submitted in a
provincial court case. And in that affidavit -- and I'm going to very quickly
move through this -- at paragraph 9 he first deals with Prosecutor James
McAvity and he indicates that Prosecutor McAvity should have been questioned as
to his malice and/or competence. So he is questioning the malice and competence
of the Crown Prosecutor. He goes on to say he certainly would not wish the
likes of Ms. Gallagher defending his rights or interests before the court.
At
paragraph 22 he states, it appears to me that not only are the actions of David
Lutz malicious, but they are fraudulent as well. In my opinion he has no right
to practice law for a fee but in fact he should be in jail. And at paragraph 31
he speaks of a response he got from the RCMP External Review Committee which he
viewed was predictable and unsatisfactory. And just to go back to the beginning
of that appendix, the initial complaint on the first page of that appendix, at
the end of the -- at the end of the first -- second full paragraph, Mr. Amos
makes it clear in his complaint that he is referring to proceedings in order to
cover up the wrongful acts of the court and David Lutz. In the next paragraph
he points out that he is already complaining about Brad Green and his conduct.
Now at that time Brad Green would have been Attorney General.
So I wanted to take a moment to point those out because that
is the pattern of Mr. Amos' involvement in legal proceedings. It is to question
the ethical or legal behaviour of virtually every lawyer or decision maker
involved in the proceeding. That is his pattern. It continues. If you go to the
next exhibit, or next appendix, Appendix F, is a direction obviously from a
judge of the Federal Court of Appeal to the Appeal Registry. Please advise the
parties that Mr. Amos has the right to submit a brief summary not to exceed
five pages,to explain the exact conflict that in his view arises in this matter
with any of the judges assigned to this appeal and to submit any additional
documents that are relevant to the issue.
So in an ongoing -- and this is dated June 8th 2017 – in an
ongoing action or appeal in the Federal Court of Appeal, Mr. Amos is alleging
conflict of the judges assigned to the appeal. And that pattern continues, I
would submit, in the present -- in his appearances before this Board.
The final
appendix, Appendix I, to the notice of objection is a copy of the transcript of
the hearing of Mr. Amos' motion in Matter 357. And I think it's useful to
remember that that motion was a motion to deal with the timing of the hearing
of Matter 357. The Board had previously granted NB Power's application or
motion to adjourn the proceeding on terms and Mr. Amos essentially wanted that
reheard. So not something that you would regard as a contentious matter being the
timing of the hearing. But Mr. Amos' comments to the Board on that occasion
again can only be characterized as confrontational. I reviewed the transcript
several times before today. There is not really an argument in there that was
germane to the issue of the timing of the hearing. There was a lot of
extraneous material. And at the conclusion of his remarks, and I have
specifically placed this in the notice of objection, when the Board Chair asked
Mr. Amos if he had anything further to say, his reply was essentially to
suggest to the Board Chair, and I will read what he said.
Yes. Can you think of one good reason why I don't sue you,
Mr. Gorman? You have my documents. Do you understand what are on file in your
Board? Do you not see where I am already in federal court suing the Queen? Did
I not properly introduce myself before you allowed me to be an intervenor? Did
I not explain my issues to this Board in no uncertain terms on June 15th? And
he is referring to an email that he had sent to a number of parties on June
15th.
I think we can expect, and we have seen it again here this
morning, we can expect more of the same, arguments unrelated to the issue
before the Board presented in a confrontational manner, which will, I would
suggest to you, eventually turn to actions in other courts. The pattern is that
when Mr. Amos runs against a lawyer who acts against him, runs against a
decision-maker who doesn't agree with him, then that issue is relitigated in
other courts. And while I think the standard here is simply one of is Mr. Amos
likely to participate in a reasonable fashion, I do think it's useful to
compare the situation to situations where courts have dealt with so-called
vexatious litigants.
So I am not suggesting that that's the standard that be applied
here -- that's not the standard to be applied here. But I did submit to the
Board yesterday afternoon a copy of a decision of Mr. Justice Morrison. It's a
very recent decision in which he dealt with an issue of determination of a
vexatious litigant. And at page -- the page numbering is a little weird in this
document. I am looking at paragraph 34 of the decision. It's on what's referred
to as page 68, but it's paragraph 34 of the decision. And Mr. Justice Morrison
noted that counsel on that hearing were unable to provide him with any New
Brunswick cases considering the concept of a vexatious litigant, but they were
able to refer him to an Ontario decision in Lang Michener Lash Johnston v
Fabian. And in that case, there is an outlining of the factors to be considered
in determining whether or not a party meets the threshold of a vexatious
litigant. And I won't go through all of them, there are seven principles set
out there, but (d) in my view is of particular application here.
And Justice Henry said, it is a general characteristic of
vexatious proceedings that grounds and issues raised tend to be rolled forward
into subsequent actions and repeated and supplemented, often with actions
brought against the lawyers who have acted for or against the litigant in
earlier proceedings. And that's precisely Mr. Amos' pattern in the documents that
he, himself, has disclosed to the Board. While he has here this morning
indicated to the Board that his interest revolves around issues of AMI in
particular, and the expenses and capital associated with the AMI, I submit he
is not capable of putting those positions forward in a cogent, respectful,
reasonable manner. His own history demonstrates that and his conduct before this
Board to date confirms it. And so while
we are reluctant to make a request of this nature -- I mean, we have had many
lay participants in my time before the Board. Mr. Rouse is here with us again
this year. I have never had any doubt about the issue that Mr. Rouse wanted to
talk about. He has always been very clear. Mr. Hickey has been with us in the
past. Mr. Smith, on behalf of the Sussex Sharing Club is with us. I have no
doubt as to what the issue Mr. Smith wants to raise. All have -- while there
certainly have been some adversarial proceedings around those interventions,
all have proceeded in a respectful fashion. And so while it is not a step that
we like to take, my submission is that it is in the public interest not to
permit Mr. Amos to participate as an intervenor. He will delay and frustrate
this Board, and he will harass the participants -- other participants in the
proceeding. He will cause unnecessary aggravation and probably expense. And so
for those reasons, Mr. Chair, we submit that he not be granted intervenor
status.
CHAIRMAN: Thank you, Mr. Furey. So, Mr. Amos, now you were
provided this morning with an hour to review Mr. Furey's documents that he
filed with the Board, and I think it was three or four pages of documents. The
balance of documents were ones that you had filed in the past. So you have had
an opportunity to review his submission?
MR. AMOS: Absolutely.
CHAIRMAN: And you, of course, heard Mr. Furey's comments
that he has just concluded. So you know what the issue is that he raises?
MR. AMOS: I heard every word he said.
CHAIRMAN: Okay. So do you have a -- do you have some
comments about what he is asking for?
MR. AMOS: Yes, Mr. Gorman, I do. First off, I am grateful
that he filed my documents in this matter. However, he shouldn't cherry pick.
If he is going to file my documents, he should file all that he has received.
But dealing with the exhibits that he has filed, he has now made a federal case
out of a 2 percent rate hike. I remind Mr. Furey that murder is a capital crime
and when he worked for the Attorney General of New Brunswick in 2004, who was
Brad Green, his boss received evidence of
murder. Brad Green acknowledged it. He now sits on the bench of the
Court of Appeal.
Anyway, I had ran for Parliament in 2004, the 38th Parliament
against a member of your Board, John Herron. That was when it was the Public
Utilities Board. David Young, who worked for another Crown Corporation, who is
a senior advisor to your Board now, I believe got fired because I complained of
him, because he wouldn't allow me to speak on the radio and give me equal time
as my political opponents, just like Mr. Furey doesn't want me to speak before
the Board today, even though I am a stakeholder in this hearing. He has no more
standing here than I do, other than he collects a big pay cheque that my
taxpayer funds are paying. But as an officer of the court, he is obliged to
uphold the law. He filed my documents in this matter. I did not. He did. Then
he says I am vexatious. I am surprised he didn't call me frivolous as well. The
Crown usually calls me that. I understand the term, vexatious. He is the man
who is vexatious.
In the 357 Matter, if we go first things first, there is a
transcript, which I have uploaded, you can review it or I can read it to you.
You asked me why I was intervening. Exhibit
A of his documents, I didn't know who Mr. Furey was. I had no idea what lawyers
or what was going on in 357, except on June 14th I heard on the radio Mr.
Hyslop had a motion before this Board in a pre-hearing to be paid to help his
assistant. I saw red. I remembered Mr. 5 Hyslop from the PUB. I remember Mr.
Hyslop when I ran in Saint John Harbour, while he run against Abe LeBlanc. I
remember I was intervening in an NEB hearing and arguing Cedric Haines of NB
Power while he worked for the Attorney General. I remember talking to him about
murdered Indians. That said, all I had issues with was Mr. Hyslop wanting paid
again. I had checked from CBC and some years he was paid like $700,000. I had
issues with him in 2006. David Young wouldn't let me speak before the PUB Board
even in a public hearing. So I had to send a farmer. That said, I am asking
Hyslop, you are the Public Intervenor, what do you know of my concerns? I had
concerns about the refurbishment of Lepreau, Coleson Cove. If you go on Charles
LeBlanc's blog from April of 2006, you can even see I was dealing with a lawyer
named Richard Costello -- same last name as you, sir -- who worked for McInnes
Cooper, who was hired by Venezuela to check with the PUB as to when a pipeline
went from the Irving refinery to Coleson Cove. I wanted to know about that too.
So I talked to Mr. Costello. The email between Mr.Costello and I is still in
Charles LeBlanc's blog from 2006.
While I was running for Parliament in Fredericton, and I
doubt that Mr. Furey voted for me, I was running against Andy Scott, Minister
of Indian Affairs and he worked for the Attorney General for Indian Affairs.
Now I went to high school with Andy Scott. Barb Baird used to be Brad Green's
boss. I went to high school with her too. Now I don't know if you guys know who
I am, but many people in this neck of the woods do. My brother-in-law's law
firm partner helped Peter MacKay merge with Mr. Harper's party. When I sued
Americans over taxation and about improper tax accountants like KPMG, Grant
Thornton, ringing any bells? That was in 2002.
I am glad he brought up the
Department of Homeland Security. Those are the guys that tried to take me to
Cuba in 2003 after I started winning lawsuits. You are right, I sue people that
don't do their job. Particularly, the people that are well paid to act in our
best interests. I file whistle-blower forms with the U.S. tax man and they try
to arrest me. You are right, I sue them. A lawyer calls me a liar, well he
better check my work before he goes too far.
Anyway, NB Power, they have a mandate to uphold. It's a Crown
corporation. David Alward, 2013 comes out with a 1 new Act. Got to follow the
Act, fellows. Now this 2 hearing 357 was supposed to be within three years. Now
I don't know -- I don't pretend to know something I don't. All I heard was
Hyslop wanted on the gravy train. I took issue with that. I email the guy that
speaks for the Chairman of the Board. I have spoke personally to Ed Barrett,
personally. I have spoken to Mr. Scott, his assistant. He has a very funny
voice mail. Mr. Scott loves hearing me speak on the radio and on television.
Mr. Scott was the guy I knew had the ear of the Chairman. Now I served Derek
Burney, who used to work with Mr. Mulroney, just like his partner, Hugh Segal,
right.
I had served Derek Burney my stuff after I ran for Parliament in 2006,
got a signature. Why would I do that? Because NB Power had hired Simpson
Bartlett & Thatcher in New York to sue Venezuela. Do you realize that Robert
Mueller's lawyer comes from Simpson Bartlett & Thatcher? Are you realizing
what's going on? Have you read the emails I sent you? He talks about me in
federal court on June 8th. You are right I was in federal court, May 24th. Have
you 21 reviewed the documents I filed in federal court since that time?
CHAIRMAN: Mr. Amos, I am going to interrupt you for a moment.
MR. AMOS: Murder is a capital crime, sir.
CHAIRMAN: Mr. Amos, the issue that Mr. Furey raises --
MR. AMOS: Is that I am vexatious.
CHAIRMAN: Well he says that he is reluctant to make this
objection, but he -- in his view, he says you are not capable of putting
positions forward in a cogent manner. You are not --
MR. AMOS: Are you saying that?
CHAIRMAN: -- you are not speaking to the issue, which -- can
I --
MR. AMOS: All right. Am I -- am I a person born and raised
in this province?
CHAIRMAN: The issue here --
MR. AMOS: Did I run for Parliament five times?
CHAIRMAN: Mr. Amos, it would be appreciated --
MR. AMOS: Are you aware of why I am barred? He brought it
up.
CHAIRMAN: Mr. Amos, it would be appreciated if you would
just listen for a moment. So the issue here is whether or not you can stick to
the issues that have to be dealt with in this particular matter, which is a
general rate application. We are dealing with the spending --
MR. AMOS: Have you read the filings in this matter?
CHAIRMAN: Sir, would you just wait till I finish, please?
MR. AMOS: No, I am arguing him and you. You are on his side clearly.
Now your Vice-Chair will probably have the job in February, used to work for
City Hall. Do you remember Mr. Nugent and I, sir?
CHAIRMAN: Sir, do you want to provide us with your --
MR. AMOS: You have many of my documents that he did not
file. I sent them to you by email. Do you remember receiving the emails from me
in 2007, sir?
CHAIRMAN: So one of the things that Mr. Furey says is
--
MR. AMOS: Do you remember when Jack Keir appointed you? I
introduced myself to you then.
CHAIRMAN: Sir, excuse me, but one of the things he says is
you are not able to react in a --
MR. AMOS: You can't answer a question.
CHAIRMAN: -- in a respectful fashion and you are not paying
attention to the protocol here today.
MR. AMOS: All right. Let me ask you a question, sir?
CHAIRMAN: No, that's not what we are here for.
MR. AMOS: Have you understood one word I have said any time
we have met?
CHAIRMAN: Mr. Amos, do you have anything to add to the
record with respect to your respectful participation in this matter, in this process?
Mr. Furey says that you don't have the
ability to stay on topic.
MR. AMOS: Are you saying that?
CHAIRMAN: I am telling you what the argument is that has been
put forward.
MR. AMOS: I know what he said. I am asking you?
CHAIRMAN: And the argument that has been put forward is you
don't have the ability to --
MR. AMOS: I heard what he said. I told you that.
CHAIRMAN: -- stay on topic and to act in a respectful
manner.
MR. AMOS: All right.
CHAIRMAN: Can you give me any information on that issue?
CHAIRMAN: You are the Chairman of the Board. This is not
your decision solely. There is a Vice-Chair and another man. One man is an
accountant and the other a lawyer. Now I don't know if the other two fellows
read my documents. I certainly hope that they did. The man who is a chartered
accountant should understand about Kevin Dancy and I. He should certainly have
understood what I am doing in federal court. Now I thanked him for filing
documents, but one interesting document he brought up in particular was the man
I went to college with, Henrik Tonning. He is a personal friend of mine. Now if
he had read that entire affidavit, I had been
summoned to the court by a lawyer to file an affidavit. He failed to
mention that. But Henrik Tonning and I were once very good friends. That
affidavit that he just put in this matter no longer exists in provincial court.
That's fraud practiced against me by the court. Yes, I have contempt against
officers of the court that fail to uphold the law. Yes, I do not hesitate in
suing lawyers. I have sued more lawyers, and law firms, and attorney generals
than probably anyone else on the planet. I am before the federal court right
now and you guys will be mentioned in my next lawsuit that will be filed by
Christmas. Thank you for making it a federal matter. That said my two friends
have standing in this matter as much as I do. You work for us.
I have my rights to my opinion and I don't have to suffer
insults. Ms. Harrison signed this document. I wonder if she has even read it,
but I consider it her insult. He is merely her lawyer. Now his name is Furey. I
served Brian Furey in Newfoundland. He was President of the Law Society in
Newfoundland. I served George Furey, he is Speaker of the Senate. He is from
Newfoundland. I know where this is going, federal court. As I told you, you are
not a court. And if you want to argue my documents, we will argue before a
judge that I do not have a conflict of interest with.
Now I have a bone to pick with many judges in federal court
and a lot in the Court of Queen's Bench of New Brunswick, but not all. And not
every judge or every lawyer is a crook. Some of them are actually friends of
mine. Only problem I have with them is they think I can't pull this off. That
the system is just too powerful. Well could be. Call me crazy if you wish, I
can be as crazy as I want to be. How do you explain my having FBI wiretap tapes
of the mob and three weeks after he mentioned about me being in federal court,
the outgoing Commissioner of the R.C.M.P. said beware of the mob. Bob Paulson
said that. And I am the guy with all the tapes. You got a huge ethical dilemma,
sir. You are an accountant. You don't. You do. You are probably the next Chair.
You can do with me what you will. I will still advise my
friends about their concerns about this 2 percent rate hike and his concerns
about meters we don't need. They are ratepayers. They have the right to their
opinion and they have the right to have me for a friend and take my counsel
whether you want to argue me or not. Now he can insult me. You haven't yet. I
was grateful on the 14th when I emailed Bob Scott. I didn't email Ms. Harrison.
I emailed David Young, who I knew, your senior advisor. And I emailed Bob
Scott, the guy who likes to make fun of me. Ed Barrett's spokesperson. I did
not think I could intervene in 357. The nice lady acting as Clerk said what,
would you like to intervene? I said what, can I? She said well the hearings
haven't started yet. It's up to the Board. It was a surprise to me. I wasn't
looking to intervene. And I said sure, I would love to. I love to argue
lawyers. It was Mr. Hyslop that was my target. That said I come, I give the
nice lady my intervenor form. Mr. Furey sees no problem with me. He has a
problem with my friend, because he is a leader of a political party, but you
guys have no problem allowing David Coon to be an intervenor and he is a seated
MLA. That said, it is what it is. You guys allowed me to intervene with exactly
the same information verbatim that I did this time. It was the same document.
That said, you allowed me. I was grateful. When I introduced myself, he more or
less quoted me. Anyway I can -- you can review the transcript or I can read it
into the record in this matter, but I was grateful and I said -- well let me read
it, I should put it in the record then.
This is from the transcript of the 15th after you were done
with my friend, Mr. Bourque. Chairman -- this is page 7, line 21 of the
transcript, June 15th. Chairman. Thank you. I don't see anything similar on Mr.
Amos' intervenor request. So Mr. Amos, just to clarify you -- clarify, you are
also requesting to intervene personally on behalf of an organization? That was
your question. Page 8, line 1. I am here in my own name, speaking on my own
interests in this matter. And most of the other intervenors and their lawyers
know exactly who I am and why I am here. And I emailed them -- I emailed Mr.
Toner, Mr. Hyslop. I emailed Bob Scott. I didn't know who Mr. Furey was from a
hole in the wall, right. Well, Mr. Amos, are you a ratepayer of NB Power? Mr.
Amos: I was born and raised in this province. I have paid my share of power
bills and taxes that support this Board and NB Power. I have issues with NB
Power and this Board. And I was speaking mainly of John Herron, the guy I ran
against in 2004, and David Young, your senior advisor. I didn't know you.
Didn't know the rest of you. So your intervention though is in relation to the
rate design application? My interest in this matter, I stand and speak only for
myself. No Public Intervenor appointed by the Province or this Board speaks for
me. I speak for myself. Now the lady is the Public Intervenor, she is with
McInnes Cooper, same law firm as Richard Costello. The same law firm as Len
Hoyt, the guy that picked the Cabinet. He is also the lawyer for Enbridge. I
see a little conflict of interest going there. I see NB Power hires Stewart
McKelvey to litigate over Lepreau problems and yet the same law firm is hired
by J.D. Irving to muscle this Board to get Mr. Irving wants. He brought up Mr.
Hickey. I have talked to Mr. Hickey for hours. Mr. Hickey has some pretty
serious issues.
CHAIRMAN: Mr. Amos, please hear me out. We have listened to
you now for 20 minutes or so, still haven't heard your response to how you can
participate in this proceeding in a respectful manner and stick to the issues.
The issue here really is whether or not you will stick to the issues if you are
granted intervenor status and whether or not you will act in a respectful
manner. I need to have your response to that issue. Everything else you have
talked 16 about is off topic.
MR. AMOS: You just interrupted me, sir. Now I was respectful
the whole time any matter in this. Mr. Hyslop, you asked for submissions, I
gave submissions. You guys made the decision. Mr. Hyslop wasn't allowed his pay
cheque. Then I thought I was done. He and Mr. Russell invited me to a hearing
at a Stewart McKelvey boardroom to talk to Mr. Todd about his report --
CHAIRMAN: Mr. Amos, I am sorry, I am going to have to
interrupt again. You are not talking --
MR. AMOS: You are interrupting me because you don't want me
on -- to put this on the record.
CHAIRMAN: -- you are not talking about --
MR. AMOS: I am trying to address your question.
CHAIRMAN: Mr. Amos, I am directing you to talk about this --
the issue before us --
MR. AMOS: I am telling you my answer.
CHAIRMAN: -- in this matter?
MR. AMOS: I am telling you my answer. I was invited to a
hearing, Chatham House Rule, so to speak, nothing leaves the room. Mr. Furey
and Mr. Russell -- Mr. Furey wanted me to talk to him before this meeting. I
saw NB Power on my websites downloading my documents. I go to this hearing. I
am saying to Mr. Russell, where is Mr. Furey? He don't call. He don't write. I
am not going to sign any disclosure document, right. Don't allow me in the room
if there is something you think I am going to spill the beans on. I talked to
Mr. Todd before he came from Toronto. That said, they picked my brain at the
hearing.I say conflict of interest, McInnes Cooper, Stewart McKelvey, et
cetera, et cetera. I want to know things having to do with percent equity,
where they arrived at that number, what the equity was? Now I had many
questions in confidence. Mr. Todd -- I am asking Mr. Russell these questions --
Mr. Todd keeps interrupting me and says that's a matter for a hearing. I said
fine, I will ask the hearing -- I will ask before a hearing. So then after
that, Mr. Furey files a motion kill the hearing.
CHAIRMAN: So, Mr. Amos, one --
MR. AMOS: Kill the hearing.
CHAIRMAN: -- Mr. Amos --
MR. AMOS: You are the guy who killed the hearing.
CHAIRMAN: -- Mr. Amos, one last time I am going to give you
an opportunity to address the issue of how you can participate in a respectful
and responsible manner. If you don't want to talk about that topic, then we
will take an adjournment and we will consider the request that Mr. Furey has
made.
MR. AMOS: Have I been disrespectful to this Board?
CHAIRMAN: Mr. Amos, can you stick to --
MR. AMOS: Have I been disrespectful to this Board?
CHAIRMAN: -- sir -- sir, can -- sir, would you -- you
have interrupted constantly and I would
like you to --
MR. AMOS: All right.
CHAIRMAN: -- do you --
MR. AMOS: I will leave it in your hands.
CHAIRMAN: -- do you have anything --
MR. AMOS: You decide.
CHAIRMAN: Thank you. All right. We will take a brief recess.
(Recess)
CHAIRMAN: All right. I will now give the decision of the
Board on this matter.
Mr. Amos seeks intervenor status in Matter 375. NB Power
objects to his intervention claiming his conduct during the hearing of a motion
in Matter 357 was confrontational and that his arguments lacked any connection
to the issues before the Board. The Board agrees with that assessment.
In the present matter, Mr. Amos was given ample opportunity
to put forward a case that would support a respectful and responsible
intervention. He failed to do so, rolling forward issues raised in Matter 357
and not addressing the issue before us today. Mr. Amos states that the
interests he would bring before the Board are those raised by Mr. Bourque and
Mr. Richard.The Board is satisfied that those two intervenors can adequately
represent those issues. In addition, those issues will undoubtedly be addressed
by the Public Intervenor and others.
The Board finds on a balance of probability that Mr. Amos
will not participate in this matter in a respectful and responsible manner. As
a result, the Board will exercise its discretion and refuse intervenor status
to Mr. Amos. Intervention is encouraged but it must be responsible.
Mr. Amos may participate in the public session which date
will be announced shortly. But again he is reminded that any presentation must
be done in a respectful and responsible manner.
Finally, Mr. Amos had indicated that he wished to assist his
two colleagues that are sitting with him today. And certainly the Board has no
issue with that at all. But Mr. Amos will have no status at the hearing in
terms of cross-examination or making any argument.
So that is the decision of this Panel with respect to the
status of Mr. Amos.
Are there any other issues to deal with today? There being
no other issues, then we will adjourn.
(Adjourned)
http://www.nbeub.ca/opt/M/browserecord.php?-action=browse&-recid=560
Matter No.
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