Methinks the LIEbranos got some more bad news Hell they can't even win in a riding in which its leader gets caught with his pants down However I predicted it out of the gate N'esy Pas?
Progressive Conservative Tory Rushton has won a seat in the Nova Scotia Legislature.
Rushton
emerged as the winner of the Cumberland South byelection Tuesday,
defeating Liberal candidate Scott Lockhart, New Democrat candidate Larry
Duchesne and Green candidate Bruce W. McCulloch.
As of 11:30
p.m., Rushton had 3,417 votes, followed by Lockhart with 1,829,
according to unofficial results from Elections Nova Scotia.
Duchesne
earned 292 votes and McCulloch had 235 in the riding held until
January by former PC party leader Jamie Baillie that includes Oxford,
Parrsboro and Springhill.
Rushton
said the concerns he was hearing on doorsteps were ER closures and
roads. He said he plans to work with all sides of government to solve
some of the health care issues in the riding related to ER closures and a
lack of family doctors.
He attributed his success to his ability to appeal to a broad range of voters.
"I
managed to pull in some of those ages who haven't necessarily voted
ever, I think," said Rushton. "I was hearing stories on the doorstep
right up until today that people who never, ever voted and they were
happy that there was a younger person running and they wanted to support
it to see what would happen."
Lockhart wished Rushton the best of luck, and appeared to suggest both the Tories and Liberals were to blame for his defeat.
"I
heard a lot of people make negative comments on the [premier] or
whatever and I was up against that and it was hard to defend that," he
said.
"Jamie [Baillie,] I think that he disappointed everybody a
lot and I guess not enough because I didn't win … I just think this area
has been Conservative for a long time."
Interim PC Leader Karla MacFarlane said in statement Rushton's win sends a message to the governing Liberals.
"People
in Cumberland South need doctors, they need their roads repaired, they
need better access to emergency health care, and they need more action
from Stephen McNeil and his Liberal government," said MacFarlane. "They
were clear tonight that they do not have trust in this premier to
deliver on these things."
Baillie forced to resign
Baillie was
forced to resign in January following an investigation into his
behaviour, after someone came to the party with an allegation he had
acted inappropriately.
Sources told CBC News the allegation
involved a female staff member in the caucus office. Party officials
refused to discuss the details of their investigation.
Former PC leader Jamie Baillie was forced to resign after allegations of inappropriate conduct. (CBC)
Baillie first won the riding in a 2010 byelection with 57 per cent of the vote.
In the 2013 general election, Baillie won by 771 votes.
In last year's May election, Liberal candidate Kenny John Jackson lost to Baillie by 757 votes.
Liberals had high hopes
With
the Liberals getting 40 per cent of the vote in the 2017 campaign,
Premier Stephen McNeil told reporters in May that it was a good showing
of support for the party and an opportunity for Cumberland South to have
a seat at the caucus table with the governing party.
McNeil joined
Lockhart on the campaign trail while showcasing the pre-byelection
announcements of a new elementary school in Springhill and a
long-awaited replacement bridge near Amherst.
The Liberal message
was criticized as an old politics routine by both NDP Leader Gary
Burrill and Rushton, but McNeil said the school and bridge were not
election issues and would be built no matter who holds the seat.
The PCs now hold 17 seats in the Nova Scotia House of Assembly. The Liberals have 27 and the NDP hold 7.
---------- Original message ----------
From: Mark Rickard <rickard.mark@brunswicknews.com>
Date:
Sat, 16 Jun 2018 11:15:16 -0700
Subject: Out of the office Re: So much for
Cumberland South EH Larry
Duchesne, Bruce McCulloch and Scott Lockhart? I
would lay odds it will
go PC again N'esy Pas Billy Boy Casey and Minister
Morneau?
To: motomaniac333@gmail.com
Good
day,
I will be on vacation from June 12 to 24. Please forward any
opinion
or commentary matters to Don MacPherson (dgletters@brunswicknews.com).
--
----------
Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date:
Sat, 16 Jun 2018 14:15:12 -0400
Subject: So much for Cumberland South EH
Larry Duchesne, Bruce McCulloch and
So much for Cumberland South EH Larry Duchesne, Bruce
McCulloch and
Scott Lockhart? I would lay odds it will go PC again N'esy Pas
Billy
Boy Morneau?
---------- Original
message ----------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.fin@canada.ca>
Date:
Thu, 24 May 2018 15:07:42 +0000
Subject: RE: Attn Bruce McCulloch and Scott
Lockhart I just called
Perhaps you fellas should ask the RCMP or the Premier
or Petey Baby MacKay
if I am a Liar or Not?
To: David Amos <motomaniac333@gmail.com>
The
Department of Finance acknowledges receipt of your electronic
correspondence.
Please be assured that we appreciate receiving your
comments.
Le
ministère des Finances accuse réception de votre correspondance
électronique.
Soyez assuré(e) que nous apprécions recevoir
vos
commentaires.
---------- Original message ----------
From: Immigration
Minister <ImmigrationMinister@novascotia.ca>
Date:
Thu, 24 May 2018 15:07:33 +0000
Subject: Automatic reply: Attn Bruce
McCulloch and Scott Lockhart I
just called Perhaps you fellas should ask the
RCMP or the Premier or
Petey Baby MacKay if I am a Liar or Not?
To: David
Amos <motomaniac333@gmail.com>
Thank
you for your message to the Nova Scotia Office of Immigration.
This is an
automatic confirmation your email has been received.
Warmest
regards,
Minister’s Correspondence Unit
However methinks McCulloch does not have the first clue that there are not enough paramedics in NB N'esy Pas?
"All four candidates said more has to be done to showcase the beauty
and laidback lifestyle of Cumberland South to potential doctors, but all
four also expressed a need to alleviate the work loads of doctors
already in Cumberland South.
Rushton pointed out that many patients in Cumberland South end up
being treated in Sackville, N.B., and said maybe it’s time to co-operate
with the New Brunswick Health Authority.
“If we’re this close to Sackville can we not have a mutual agreement
with New Brunswick to share services?” asked Rushton. “We’re very close
to New Brunswick. I’m sure we can open up a conversation with the Health
Authority in New Brunswick, share doctors back and forth, and help
alleviate some of our ER closures right away here in Cumberland County.”
McCulloch said paramedics might help reduce stress at Cumberland South ER’s.
“The idea of paramedics is one we could explore a little bit more
because there is an awful lot of training that takes place there,” said
McCulloch. “Although, we need to raise their wages because they’re not
being paid very well. Their wages have effectively stagnated over the
last half-dozen years.”
McCulloch said paramedics might help reduce stress at Cumberland South ER’s.
“The idea of paramedics is one we could explore a little bit more
because there is an awful lot of training that takes place there,” said
McCulloch. “Although, we need to raise their wages because they’re not
being paid very well. Their wages have effectively stagnated over the
last half-dozen years.”
'What if?': Man dies while ambulance depot down the road is unstaffed
David Harvey died after going into cardiac arrest at his northern New Brunswick home
Nathalie Sturgeon · CBC News ·
This ambulance depot in Jacquet River was left unstaffed the morning David Harvey died. (Kayla Galley/Submitted )
In the early hours of June 5, David Harvey's parents called 911.
Harvey,
a 54-year-old carpenter, had collapsed in the home he and his
parents shared in Nash Creek, near Belledune, in northern Brunswick.
At the other end of the 911 call, a dispatcher told the parents what to do to keep their unconscious son alive.
So Lorraine Harvey, 75, and Donald Harvey, 80, took turns pumping their son's chest.
I'd like to think if I called 911 they'd be right there but you really don't know.- Kayla Galley, Harvey's niece
The Harveys say it was 30 minutes before an ambulance arrived to help their son, who was in cardiac arrest.
The
frantic pumping during the wait was exhausting, physically and
emotionally, for the couple, says granddaughter Kayla Galley, David's
niece.
"Any of us who have taken a first aid course know how
exhausting it is to do compressions," she said. "For someone who is
strong and young, it's exhausting."
For her grandparents, it was almost unbearable.
"They
are putting their own health and well-being in jeopardy trying to save
their son. ... They are performing compressions on their son, they
shouldn't have to go through that."
Ambulance New Brunswick should have been at the house within 22 minutes, the service's standard for rural areas.
For David
Harvey, an ambulance was dispatched from Dalhousie, 30 kilometres away.
And it arrived in 20 minutes, not 30, Ambulance New Brunswick insisted
later, when the family tried to investigate.
Harvey,
54, died after going into cardiac arrest. His parents heard him
collapse in the house and tried to keep him alive by pumping his chest
until the ambulance arrived from Dalhousie. (Submitted)
The
organization didn't explain to the family why the ambulance depot in
Jacquet River three kilometres from Harvey's house, wasn't properly
staffed that night.
David LaPointe, a volunteer firefighter who
lives across the road from the depot, was also called to the Harvey home
that night to assist paramedics after they arrived on the scene
sometime between 3:30 and 4 a.m.
It took him just a few minutes to get there, he said.
"The
victim was on the floor, the two paramedics were working on him,"
LaPointe said. "One was doing CPR, one was looking at the man's vitals.
They asked me to help."
The three of them worked on Harvey for about 20 minutes, LaPointe said.
"He never made it."
Wondering what if
In the days since her uncle died, Galley said, the family has been tormented by what ifs.
They
will always wonder he would have survived had the Jacquet River depot
been staffed, and paramedics been able to get there as fast as
firefighter LaPointe did.
"There is an ambulance sitting in the ambulance bay three minutes from my uncle's house," Galley said.
She hasn't been able to get answers.
"I just want to know why nobody was there. I want to understand why we have perfectly good ambulances and nobody to man them."
The mayor of Belledune, a village of about 1,550 just down the road from Jacquet River, said he shares her concern.
Community uneasy
Mayor
Joe Noel said he ran the ambulance service in Belledune for 27 years
before it was taken over by Medavie, a private company under contract
with the provincial government.
Long wait times are something
Belledune has been dealing with for a while, Noel said, and people in
the town and surrounding area are frustrated.
"We have an
ambulance service here but it's rarely staffed," said Noel, who admitted
his own ambulance career may make him biased. "To say we have an
ambulance service here in Belledune would be a farce."
"There is
no need of this. This is just not caring about the people of New
Brunswick. The government of New Brunswick should be ashamed of
themselves."
Ambulance New Brunswick would not discuss the Harvey
family's concerns about the service, citing the need to protect patient
privacy.
Shortage of workers
But paramedic shortages in
the provinces have provoked protests in recent days. About 150 jobs are
being posted every eight weeks that aren't being filled, according to
CUPE Local 4848 president Greg McConaghy.
As part of a lawsuit
settlement in December 2017, the province and Ambulance NB agreed to
provide New Brunswickers from both linguistic communities service in the
language of their choice.
McConaghy
said that there aren't enough bilingual paramedics, resulting in higher
wait times in rural areas and many other areas, despite an increase in
overtime.
Last year, overtime expenses totalled nearly $8 million —
an average of 250 hours for each of 1,000 or so medics keeping the
system running.
Minister aware of shortages
Health
Minister Benoît Bourque would not agree to an interview with CBC News
but sent an email statement saying he was sad to hear about David
Harvey's death and acknowledged staffing was an issue in general with
the ambulance service.
"While the Department of Health (DOH) is
aware, and deeply concerned with staffing issues in our paramedic
workforce, hiring is a process that is operational in nature," the
statement said.
Bourque
said it will take time to address the staffing shortage, but he is
confident Ambulance New Brunswick will meet provincial requirements.
"Your
government also remains confident in ANB, and its paramedics, to
continue providing timely coverage across the province, despite staffing
challenges."
Doesn't trust information
Noel said he
doesn't believe Ambulance New Brunswick was right about the 20 minutes
it says the ambulance took to reach the Harvey home from Dalhousie. He
suggests the family's estimate is more accurate.
"That man's parents were there giving CPR," Noel said. "They know how long it takes."
Kayla
Galley said she and her family are worried. If David's parents, her
grandparents, had to call 911 some night, would the ambulance make it in
time?
"I'd like to think if I called 911 they'd be right there but you really don't know."
Meet the 4 candidates vying for office in Cumberland South
Candidates in the race include a former leader of the NDP in P.E.I.
CBC News ·
The
candidates in the June 19 Cumberland South byelection are, from left,
Liberal Scott Lockhart, Green Bruce McCulloch, New Democrat Larry
Duchesne and Progressive Conservative Tory Rushton. (ScottLockhartNS/Facebook/Green Party of Nova Scotia/Larry Duchesne/Twitter/ToryRushtonCSPC/Facebook)
Voters
in Cumberland South will have four candidates to choose from in the
June 19 byelection for the seat previously held by former PC leader
Jamie Baillie.
Baillie was forced to resign in January following
an investigation into his behaviour after someone approached the party
with allegations he had acted inappropriately. Party officials refused
to discuss the details of their internal investigation.
The four candidates vying to be the next MLA appeared on CBC's Mainstreet on
Thursday and discussed their backgrounds and what issues they think are
most pressing for the riding. They are presented in alphabetical order.
Larry Duchesne, NDP
New
Democrat Larry Duchesne is a retired teacher and journalist who also
spent some time as the leader of the NDP in P.E.I. He's a volunteer at
the food bank in Oxford and said he's well aware of the impact poverty
has on the community.
He said the most pressing issues in his community are the shortage of doctors and nursing-care spaces.
If
elected MLA, he said he'll fight for the environment, which would
include a permanent fracking moratorium, and would fight against gold
mining in watershed areas and unfair prices for blueberry crops.
"Balanced budgets are important, but looking after the needs of people comes first," he said.
Scott Lockhart, Liberal
Liberal
Scott Lockhart works in the power sports industry, has been married for
34 years and has two kids. He's also a member of the Lions Club.
He said health care is the top issue in the riding, and pointed to his experience on the Springhill hospital board as an asset.
Lockhart
said the state of the riding's roads is another big issue. He said he's
putting together a list of the roads that need work and, if elected,
he'll bring it to the transportation minister on his first day in
office.
"I just feel sitting with the government, we'll have a much better chance of getting things accomplished," said Lockhart.
The
Green Party's Bruce McCulloch is an engineer by trade who has worked on
oil rigs, in manufacturing and for IMP Aerospace. He currently works as
an energy efficiency and equipment maintenance consultant. McCulloch
served on the board of the Ship's Company Theatre for 18 years.
McCulloch
said the biggest issues in the riding are a shortage of doctors and
teachers, especially substitute teachers, poor roads and the lack of
high-speed internet in some communities.
"Outside of Springhill,
Oxford and Parrsboro, the service is seriously lacking and that has an
effect on home health care, as well as entrepreneurship," he said.
McCulloch said he'd like to bring the transparency and open style of communication the Green Party is known for to government.
Tory Rushton, Progressive Conservative
Progressive
Conservative Tory Rushton is an electrician who has spent the past
years as the production manager at a local food manufacturer. He's also a
20-year volunteer firefighter who has spent the last 12 years as chief.
The father of three said health care, education, roads and high-speed internet are the biggest concerns residents have.
"We're
hearing from a lot of people that don't have family doctors and the
McNeil government's been in power since 2013 and people are telling us
they know there's a crisis in health care, there's a shortage of doctors
and they don't feel there's any action being taken against this," he
said.
Rushton said he wants government to open up communication
with doctors and educators and have them at the table when decisions are
being made.
How to vote
People in Cumberland South will
have plenty of opportunity to vote. A continuous poll is open at the
returning office, which is set up at the Royal Canadian Legion in
Springhill.
An advanced poll will be held in Parrsboro for seven
days from Saturday, June 9, to Saturday, June 16, except Sunday.
Community polls will be held in Brookdale and Wentworth Centre on
Friday, June 15, and Saturday, June 16.
Four
candidates in the upcoming June 19 Cumberland South by-election met in a
forum hosted by the Parrsboro and District Board of Trade at Parrsboro
regional High School on June 6. (from left) PC candidate Tory Rushton,
Liberal candidate Scott Lockhart, Green Party candidate Bruce McCulloch
and NDP candidate Larry Duchesne. - Andrew Wagstaff
By-election campaigns converge in Parrsboro forum
PARRSBORO, N.S. – Health care, roads, economic
development and fracking were among the topics of debate here this
evening, as four candidates vying for the Cumberland South seat in the
upcoming provincial by-election gathered for an exchange of views.
New Democrat Larry Duchesne, Liberal Scott Lockhart, Green
candidate Bruce McCulloch and Progressive Conservative Tory Rushton
spoke to the modest crowd gathered at Parrsboro Regional High School.
Hosted by the Parrsboro and District Board of Trade, the atmosphere
was cordial, featuring four questions from moderator Rosemary Rowntree,
and opening and closing statements from each candidate.
Rushton said he is not willing to sit back and watch the “conquer
and control” style of the current government, and said he is committed
to seeing tolls removed from the Cobequid Pass, and to creating jobs by
building on infrastructure.
When it came to long-term care for seniors, Lockhart and McCulloch
spoke in favour of home care, while Rushton and Duchesne called for more
nursing home spaces.
“Let’s build those nursing homes,” said Rushton. “Let’s help out
those people that need those beds in their own communities where they
grew, where they lived, where their family is. In doing this, we will
create jobs building the homes, we will cerate jobs staffing the homes,
and we will keep our communities growing.”
There is a direct link between social development and economic
development, according to Duchesne, who said communities like Parrsboro
would see their share of economic benefits if the government starts
spending the money it needs to spend on doctors and nursing home spaces.
“The main purpose of this election is to send a message saying we
are very unhappy with what the government is doing in Halifax, and we
want things done differently,” he said. “Only the NDP is saying health
care is in crisis and we are prepared to deal with it. Let’s put the
balanced budget aside for awhile, and deal with issues of people.”
Lockhart emphasized that the Liberal government still has three
years left to its majority government mandate, and that he would be a
voice at the decision-making table. He reminded those present that the
government faced a $700 deficit when it took power, but has balanced the
budget for three years through hard work and tough decisions.
He said he is making a list of bad roads around the riding, and
that he would visit the transportation minister on his first day as MLA.
“I understand that roads in rural Nova Scotia are the economic
driver and our roads are in terrible condition, and something has to be
done about it,” said Lockhart. “Friends, I will fight for every inch of
pavement in Cumberland South for you. That’s a promise.”
McCulloch spoke about the importance of high-speed internet in the
rural regions of Cumberland South, and a 5-10-year plan for doctor
recruitment that would pay the tuition of students committed to
returning and working in their communities.
He also said the role of MLA is to balance local priorities with regional initiatives.
“I would bring a commitment to local issues but always with a big
picture mindset,” he said. “I believe everything from health care,
roads, internet, economic development, business sustainability,
democracy, taxation and energy use are all interconnected and we need to
ponder those as we make decisions.”
Duchesne, Lockhart and Rushton all said they were against fracking.
Cumberland South has been without an MLA since Jamie Baillie resigned in January. Voters will make their decision on June 19.
Health care gets top billing at candidate’s forum in Wentworth
Cumberland News Now
Published: Jun 14 at 12:06 a.m.
WENTWORTH – Health care took centre stage at the Wentworth Recreation Centre Tuesday night.
“We’re saying let’s make it the number one priority over having a
balanced budget. Let’s fix it now and worry about balanced budgets
later,” said NDP candidate Larry Duchesne, the first candidate to speak
on the topic of health care during the Cumberland South candidate’s
forum.
About 60 people attended the forum, and, besides Duchesne, the forum
also featured Liberal candidate Scott Lockhart, Progressive Conservative
candidate Tory Rushton, and Green Party candidate Bruce McCulloch.
Residents of Cumberland South go to the polls on Tuesday for a
by-election that will elect one of the four candidates to the Nova
Scotia legislature.
While knocking on doors throughout the riding, all four candidates said
residents have expressed a desire for more doctors and less emergency
room closures, especially in Springhill, Parrsboro and Pugwash.
All four candidates said more has to be done to showcase the beauty
and laidback lifestyle of Cumberland South to potential doctors, but all
four also expressed a need to alleviate the work loads of doctors
already in Cumberland South.
Rushton pointed out that many patients in Cumberland South end up
being treated in Sackville, N.B., and said maybe it’s time to co-operate
with the New Brunswick Health Authority.
“If we’re this close to Sackville can we not have a mutual agreement
with New Brunswick to share services?” asked Rushton. “We’re very close
to New Brunswick. I’m sure we can open up a conversation with the Health
Authority in New Brunswick, share doctors back and forth, and help
alleviate some of our ER closures right away here in Cumberland County.”
McCulloch said paramedics might help reduce stress at Cumberland South ER’s.
“The idea of paramedics is one we could explore a little bit more
because there is an awful lot of training that takes place there,” said
McCulloch. “Although, we need to raise their wages because they’re not
being paid very well. Their wages have effectively stagnated over the
last half-dozen years.”
Lockhart said there are five doctors in Springhill, with only one working in the ER.
“One of the first things I’m going to do is take a common-sense
approach to this and I’m going to go talk to those doctors and find if
there’s anything we can do to maybe entice them to work in the ER,” said
Lockhart.
He also said pharmacists and nurses could take on roles previously
reserved for doctors, such as prescribing medicine for ailments such as
strep throat.
Duchesne said doctors need to be paid more and, also, more money needs to be put into training doctors.
“A crisis situation demands crisis action. We need to train more
doctors. If we supply money for their training they can stay in Nova
Scotia, particularly in rural areas, for a period of time,” said
Duchesne. “We can also make it easier for doctors from other countries
to work here.”
Lockhart agreed with Duchesne, saying a fast-track immigration system
needs to be put in place for doctors from other countries wishing to
work in Nova Scotia.
The
Atlantica Party is opted not to field a candidate in the June 19
byelection in Cumberland South after its candidate, Bill Archer,
accepted an overseas job that will take him out of the area for the
final weeks of the campaign. - Contributed
Candidate has taken an overseas job for final weeks of campaign
HALIFAX – There will be no Atlantica Party candidate in Cumberland South on June 19.
When the nominations closed earlier this week there was no candidate for the party.
The party issued a statement on its website Thursday explaining that
its intended candidate, Bill Archer, has gone to work overseas for the
last three weeks of the election.
“We believe that it would be unfair to the residents of Cumberland
County to run a candidate that would be out of the riding for those
crucial weeks of the campaign,” the party’s executive said in a
statement on its website. “The party considered several different
options to address this unforeseen circumstance.”
Ultimately, it was decided the party would sit out the byelection and
continue to build its volunteer base and profile province-wide.
“While this is disappointing, we cannot in good faith participate.
This would be unfair to the people who we would represent,” the party
said. “While we won’t be participating, we hope that this by-election
stimulates discussion, and that the best ideas win.”
In last year’s provincial election, Atlantica candidate Thor Lengies
finished a distant fourth behind PC leader Jamie Baillie garnering 154
votes.
Archer, who was slated to run this time, ran in Cumberland North and picked up just 84 votes.
Last November, the party announced it was moving its headquarters to Springhill.
The party, founded in 2005, ran 15 candidates in last year’s
provincial vote that elected Liberal Stephen McNeil to his second
consecutive majority government.
Nova
Scotia NDP leader Gary Burrill (right) campaigned with Cumberland South
NDP candidate Larry Duchesne in Oxford on Tuesday. - Contributed
Burrill visits Springhill, Oxford to campaign with NDP candidate
OXFORD
– Cumberland South’s voters are ready for change and they are strongly
considering a vote for the NDP, says the party’s candidate in the
riding.
Larry
Duchesne was joined by party leader Gary Burrill in campaigning in
Springhill and Oxford earlier this week and he is confident his campaign
is gaining momentum in the final two-plus weeks before the June 19
by-election.
“It’s
very encouraging,” Duchesne said. “I’m hearing a lot about health care,
that’s the Number 1 issue with the ERs being closed, with there not
being enough doctors and a lack of nursing home spaces.”
Duchesne
said he’s also hearing a lot from teachers who remain concerned they
don’t have enough resources in the classroom to handle inclusion and
make it work.
Burrill said a lot of the things Duchesne is hearing are what he’s hearing as he knocks on doors around Nova Scotia.
“I
don’t think there’s anyone who knocks on more doors than I do around
Nova Scotia,” he said.
“This is everywhere. There is a lot of concern
about this nursing home situation. I know in Cumberland County there is a
shortage of 100 nursing home beds and I understand when you want to go
to the emergency department it’s completely plugged up because there’s
no room in the hospital to admit people with the amount of people
waiting for nursing home placement.”
He
said it doesn’t take a boatload of chartered accountants to figure out
what’s needed, but the province doesn’t seem to want to invest in
creating additional nursing home beds. It’s a serious situation across
Nova Scotia just as it is in Cumberland South.
Duchesne
said the by-election is about sending a strong message to government
that they’re not happy with its performance. He also doesn’t buy Liberal
claims that the best thing people in the riding can do is vote for the
candidate who will be on the government side of the legislature.
“People are really mad at the government and it’s going to show on election day,” Duchesne said.
With
the leader of the PC party not running, Duchesne things the Conservative
vote will drop and he’s confident some of those who voted for Jamie
Baillie will vote for him.
Burrill
said electing an NDP candidate as the next MLA for Cumberland South
would help his party’s momentum. Because of the government’s obsession
to balance the budget, Burrill said, the government hasn’t invested in
the things that are important to Nova Scotians.
“We’re
in a crisis, especially in health care, and this is a great opportunity
for the people of Cumberland South to register their opinion,” Burrill
said.
Premier
Stephen McNeil and Liberal candidate Scott Lockhart greet supporters
soon after the June 19 byelection was called in Cumberland South. -
Submitted
McNeil says vote is not a referendum on his government
SPRINGHILL – Premier Stephen McNeil said June’s
byelection will give Cumberland South residents an opportunity to
influence government policy by having a member at the caucus table.
Hours after calling the byelection for June 19 the premier was in
Springhill to visit with his party’s candidate, Scott Lockhart, and help
launch the campaign.
“This is an opportunity for Cumberland South to have a government
voice,” the premier said, moments after speaking to Lockhart’s
supporters. “After June 19, I’ll still be premier and we’ll still be the
government. This is a chance for Cumberland South to be around the
table so when we’re talking about education or health care Scott’s voice
will be heard.”
From Springhill, the premier went to Parrsboro to campaign with
Lockhart and said he would be make further trips to the riding in
support of the Liberal candidate.
While other candidates have said the byelection is an opportunity for
the voters to send a message of dissatisfaction to the government, the
premier said it would make more sense to have someone in the Liberal
caucus with a direct line to cabinet and himself as premier.
McNeil said the byelection will be about continuing to invest in the community and the province.
“We have committed to a new school in Springhill and that school will
be built,” the premier said. “We will be talking about the fishery down
along the shore and how we’ve been able to maintain the higher price
for seafood. We will be talking about how we’re in our third record year
for tourism and how we’re going to support economic growth and job
creation.”
Although PC candidate Tory Rushton has accused the premier of playing
politics with the school, McNeil said building the school is not an
election issue. The school, and the replacement for the Rainbow Bridge
near Amherst, will be built no matter who holds Cumberland South after
the vote.
“I would never use the power of this office when it comes to
infrastructure like that. When I came into power the River Hebert school
project was underfunded and we funded it. It wasn’t one of ours, but we
put money into that and we will continue to do that,” McNeils said.
“However, having a member on the government side means he gets to sit
with the minister of transportation when we’re having a discussion on
roads, or with the minister of education when we’re looking at the
pre-primary program and they can really influence public policy in a way
that impacts this riding in a positive light.”
The premier understands tolls on the Cobequid Pass will be an issue
ink the byelection and he recommitted his government’s promise to remove
the tolls as soon as the highway is paid for – likely by the end of
2019 or early 2020.
“It’s hard to tell exactly when it will be, but as soon as the bonds
are paid off the tolls will be removed,” the premier said. “We believe
it will be the fourth quarter of 2019.”
However, he added, the province is still considering maintaining
tolls on commercial and out-of-province vehicles with the toll money
being dedicated to improving infrastructure around Nova Scotia.
The premier said his government is also committed to addressing
health care issues in Cumberland South, just as it is across the
province.
“We want to make that when people need it they will have access to
primary health care,” McNeil said. “We’ll continue to make that a
priority and that’s why it will be important for the people of
Cumberland south to have a committed voice from their community.”
It has been 10 years since the Liberals have had an MLA from
Cumberland South. Following Guy Brown’s retirement after the 1997
election, voters elected Progressive Conservative Murray Scott, who
served the riding until his retirement after the 2009 election.
From 2010 until earlier this year, the riding was represented by former PC leader Jamie Baillie.
The premier said a byelection is different than a general election in
that the people are not electing a government, but a person to sit
either in government or opposition. He’d prefer to see someone from the
riding sitting on his side of the legislature.
Nominated
Candidates, to date:
Larry DUCHESNE Nova Scotia New Democratic
Party (NDP)
Scott LOCKHART Nova Scotia Liberal Party
(NSLP)
Bruce W. MCCULLOCH Green Party of Nova Scotia (GPNS)
Tory
RUSHTON Progressive Conservative Association of
Nova Scotia
(PC)
Bruce
McCulloch to Run in Cumberland South for Green Party of Nova Scotia
May
21, 2018 By gpnsadmin Leave a Comment
Bruce McCulloch, P.Eng,
MBA
Bruce McCulloch, an engineer who has long been active in the
community
of Parrsboro, will be the Green Party of Nova Scotia candidate in
the
Cumberland South by-election.
Bruce is a seasoned professional
with a strong knowledge of energy
efficiency. He lived in Parrsboro while his
children were growing up.
He served on the Ship’s Company theatre board for
18 years, and was an
active volunteer at Ottawa House museum. He is an
investor in the Two
Island Brewery start-up.
“Cumberland South has
great, resilient communities, and an excellent
quality of life,” Bruce says.
“This, in spite of the struggle to
retain health professionals, and the trend
of jobs disappearing and
young people leaving the area.”
Bruce looks
forward to discussing how the values of the Green Party
align with the needs
of the people of Cumberland South.
Recognizing some of the issues he has
seen in the area, Bruce promises
to strengthen supports for seasonal workers
and businesses. He aims to
create conditions to allow local businesses to
flourish, including
ensuring high speed internet access and global market
opportunity. He
wants to see Nova Scotia adopt the British Columbia model
for
attracting doctors.
Bruce assures current and retired teachers and
health care workers in
Cumberland South that he will strive to ensure a more
transparent,
cooperative approach to labour negotiations.
Finally,
Bruce notes, “We need to overcome the “turf warfare” between
the Atlantic
provinces to see regulatory processes and services become
more streamlined,
cost-effective and efficient. We need better ‘free
trade’ between
provinces.”
Bruce previously ran in the area in the 2013
election.
PO Box 36044
5665 Spring Garden Road
Halifax NS B3J
3S9
Email: gpns@greenpartyns.ca
Bruce
McCulloch, P.Eng. MBA
LEED Green Associate | MCC Energy Strategies
.277
Rutledge Street, Suite 109,
Bedford NS B4A 4M2
902-471-8665 bruce@mccenergy.ca.
Dr.
Thomas Trappenberg
Professor Faculty of Computer Science
Dalhousie
University
6050 University Avenue
PO BOX 15000
Halifax, NS B3H
4R2
Email: tt@cs.dal.ca
Phone:
902-494-3087
1) Are you currently a
resident and eligible voter in the Cumberland
South electoral
district?
2) If you are in Cumberland South and would like to address
issues that
concern the scope of the Provincial authority, please provide a
short
point form outline of your questions on my own or the Atlantica's
Party
policies.
I feel a frustration in your previous communications,
however, dealing
with the wrong person will not help you get the issues
resolved. If it
is something I can address personally, I will.
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
---------- Original message ----------
From: Melanie.Joly@parl.gc.ca
Date:
Sun, 17 Jun 2018 17:42:38 +0000
Subject: Accusé réception / Acknowledgement
of receipt
To: motomaniac333@gmail.com
ENGLISH
FOLLOWS
Bonjour,
Nous vous remercions d’avoir communiqué avec le
bureau parlementaire
de l’honorable Mélanie Joly, députée fédérale
d’Ahuntsic-Cartierville.
Ce courriel confirme la réception de votre
correspondance. Votre
demande sera traitée dans les meilleurs
délais.
Veuillez prendre note que si votre demande est destinée à
l’honorable
Mélanie Joly dans ses fonctions de ministre fédérale du
Patrimoine
canadien, nous vous demandons de bien vouloir écrire à
l’adresse
suivante : hon.melanie.joly@canada.ca<mailto:hon.melanie.joly@canada.ca>.
Salutations
distinguées,
L’équipe du bureau de l’honorable Mélanie
Joly
________________________________
Hello,
Thank
you for contacting the office of Honourable Mélanie Joly, Member
of
Parliament for Ahuntsic-Cartierville.
This email confirms the reception
of your message. Your request will
be processed as soon as
possible.
Please note that if your request is intended for Mélanie Joly
as her
capacity of Minister of Canadian Heritage, please send your request
to
the following address: hon.melanie.joly@canada.ca<mailto:hon.melanie.joly@canada.ca>.
Best
regards,
The parliamentary office of the Honourable Mélanie
Joly
---------- Original message ----------
From: Elizabeth.May@parl.gc.ca
Date:
Sun, 17 Jun 2018 17:42:38 +0000
Subject: Thank you for contacting the Office
of Elizabeth May, O.C., M.P
To: motomaniac333@gmail.com
Thank
you for contacting me. This response is to assure you that your
message has
been received. I welcome and appreciate receiving comments
and questions from
constituents.
I receive a much larger volume of correspondence (postal
and email)
than the average MP. All emails are reviewed on a regular
basis,
however due to the high volume of emails my office receives, I may
not
be able to respond personally to each one.
My constituents in
Saanich-Gulf Islands are my highest priority. If
you are a constituent,
please email elizabeth.may.c1a@parl.gc.ca<mailto:elizabeth.may.c1a@parl.gc.ca>.
To
help me serve you better, please ensure that your email includes
your
full name and street address with your postal code.
For meeting
requests and invitations, please email requests@greenparty.carequests@greenparty.ca
>.
Thank
you once again for contacting me.
Elizabeth May, O.C.
Member of
Parliament
Saanich — Gulf Islands
Leader of the Green Party of
Canada
--
Je vous remercie d’avoir communiqué avec moi. La
présente réponse vous
confirme que votre message a été reçu. Les questions et
les
commentaires des électeurs sont toujours les bienvenus.
Je reçois
une correspondance (postale et électronique) beaucoup plus
abondante que le
député type. Tous les messages électroniques sont lus
régulièrement, mais, en
raison de l’abondance des courriels reçus à
mon bureau, il se peut que je ne
sois pas en mesure de répondre
personnellement à chacun d’entre
eux.
Mes électeurs de Saanich–Gulf Islands passent en premier. Si vous
êtes
un électeur, veuillez écrire à elizabeth.may.c1a@parl.gc.ca<mailto:elizabeth.may.c1a@parl.gc.ca>.
Pour
m’aider à mieux vous servir, veillez à ce que votre courriel
comporte votre
nom complet, votre adresse municipale et votre code
postal.
Pour les
demandes de rencontre et les invitations, veuillez écrire à requests@greenparty.carequests@greenparty.ca>.
Je
vous remercie encore d’avoir communiqué avec moi.
Elizabeth May,
O.C.
Députée à la Chambre des communes
Saanich—Gulf Islands
Chef du
Parti vert du Canada
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.
> Good Day Sir
>
> After I heard you speak on CBC I
called your office again and managed
> to speak to one of your staff for
the first time
>
> Please find attached the documents I promised to
send to the lady who
> answered the phone this morning. Please notice that
not after the Sgt
> at Arms took the documents destined to your office his
pal Tanker
> Malley barred me in writing with an "English" only
document.
>
> These are the hearings and the dockets in Federal
Court that I
> suggested that you study closely.
>
> This is
the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>
>
These are digital recordings of the last three hearings
>
> Dec
14th https://archive.org/details/BahHumbug
>
>
January 11th, 2016 https://archive.org/details/Jan11th2015
>
>
April 3rd, 2017
>
> https://archive.org/details/April32017JusticeLeblancHearing
>
>
>
This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>
>
>
The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/May24thHoedown
>
>
>
This Judge understnds the meaning of the word Integrity
>
> Date:
20151223
>
> Docket: T-1557-15
>
> Fredericton, New
Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr.
Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND
AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY
THE QUEEN
>
> Defendant
>
> ORDER
>
>
(Delivered orally from the Bench in Fredericton, New Brunswick, on
>
December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way
of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an
Order made on November
> 12, 2015, in which Prothonotary Morneau struck
the Statement of Claim
> in its entirety.
>
> At the outset of
the hearing, the Plaintiff brought to my attention a
> letter dated
September 10, 2004, which he sent to me, in my then
> capacity as Past
President of the New Brunswick Branch of the Canadian
> Bar Association,
and the then President of the Branch, Kathleen Quigg,
> (now a Justice of
the New Brunswick Court of Appeal). In that letter
> he
stated:
>
> As for your past President, Mr. Bell, may I suggest that
you check the
> work of Frank McKenna before I sue your entire law firm
including you.
> You are your brother’s keeper.
>
> Frank
McKenna is the former Premier of New Brunswick and a former
> colleague of
mine at the law firm of McInnes Cooper. In addition to
> expressing an
intention to sue me, the Plaintiff refers to a number of
> people in his
Motion Record who he appears to contend may be witnesses
> or potential
parties to be added. Those individuals who are known to
> me personally,
include, but are not limited to the former Prime
> Minister of Canada, The
Right Honourable Stephen Harper; former
> Attorney General of Canada and
now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former
member of Parliament Rob Moore;
> former Director of Policing Services,
the late Grant Garneau; former
> Chief of the Fredericton Police Force,
Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues
on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and
Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the
Royal Canadian Mounted
> Police.
>
> In the circumstances,
given the threat in 2004 to sue me in my
> personal capacity and my past
and present relationship with many
> potential witnesses and/or potential
parties to the litigation, I am
> of the view there would be a reasonable
apprehension of bias should I
> hear this motion. See Justice de
Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et
al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the
applicable test regarding
> allegations of bias. In the circumstances,
although neither party has
> requested I recuse myself, I consider it
appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL,
THIS COURT ORDERS that the Administrator of
> the Court schedule another
date for the hearing of the motion. There
> is no order as to
costs.
>
> “B. Richard Bell”
> Judge
>
>
>
Below after the CBC article about your concerns (I made one comment
>
already) you will find the text of just two of many emails I had sent
> to
your office over the years since I first visited it in 2006.
>
> I
noticed that on July 30, 2009, he was appointed to the the Court
>
Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom
of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now
before the Federal Court of Canada?
>
> "FYI This is the text of the
lawsuit that should interest Trudeau the most
>
> http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>
>
83 The Plaintiff states that now that Canada is involved in more war
> in
Iraq again it did not serve Canadian interests and reputation to
> allow
Barry Winters to publish the following words three times over
> five years
after he began his bragging:
>
> January 13, 2015
> This Is
Just AS Relevant Now As When I wrote It During The Debate
>
>
December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October
3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes
And
> Stupid Justin Trudeau?
>
>
> Vertias
Vincit
> David Raymond Amos
> 902 800 0369
>
> P.S.
Whereas this CBC article is about your opinion of the actions of
> the
latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my
files for many years and the last thing they are is ethical.
> Ask his
friends Mr Murphy and the RCMP if you don't believe me.
>
>
Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy,
Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>
To: motomaniac_02186@yahoo.com
>
>
January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David
Amos
>
> Dear Mr. Amos:
>
> This will acknowledge
receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren
McBeath of the RCMP.
>
> Because of the nature of the allegations
made in your message, I have
> taken the measure of forwarding a copy to
Assistant Commissioner Steve
> Graham of the RCMP “J” Division in
Fredericton.
>
> Sincerely,
>
> Honourable Michael B.
Murphy
> Minister of Health
>
> CM/cb
>
>
>
Warren McBeath warren.mcbeath@rcmp-grc.gc.ca
wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From:
"Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>
To: kilgoursite@ca.inter.net,
MichaelB.Murphy@gnb.ca,
>
nada.sarkis@gnb.ca,
wally.stiles@gnb.ca,
dwatch@web.net,
>
motomaniac_02186@yahoo.com
>
CC: ottawa@chuckstrahl.com,
riding@chuckstrahl.com,John.Foran@gnb.ca,
>
Oda.B@parl.gc.ca,"Bev
BUSSON" bev.busson@rcmp-grc.gc.ca,
>
"Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>
Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten
me but the crooks within the RCMP have not
>
> Dear Mr.
Amos,
>
> Thank you for your follow up e-mail to me today. I was on
days off
> over the holidays and returned to work this evening. Rest
assured I
> was not ignoring or procrastinating to respond to your
concerns.
>
> As your attachment sent today refers from Premier
Graham, our position
> is clear on your dead calf issue: Our forensic labs
do not process
> testing on animals in cases such as yours, they are
referred to the
> Atlantic Veterinary College in Charlottetown who can
provide these
> services. If you do not choose to utilize their expertise
in this
> instance, then that is your decision and nothing more can be
done.
>
> As for your other concerns regarding the US Government,
false
> imprisonment and Federal Court Dates in the US, etc... it is
clear
> that Federal authorities are aware of your concerns both in
Canada
> the US. These issues do not fall into the purvue of
Detachment
> and policing in Petitcodiac, NB.
>
> It was
indeed an interesting and informative conversation we had on
> December
23rd, and I wish you well in all of your future endeavors.
>
>
Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia
RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506)
387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>
>
http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc
>
>
>
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://www.cbc.ca/news/canada/new-brunswick/new-brunswick-integrity-commissioner-conflict-of-interest-boudreau-1.4154004
>
>
Integrity commissioner calls for tougher conflict-of-interest law
> N.B.
legislation should apply to apparent conflicts, not just actual
> ones,
Alexandre Deschênes says
> By Jacques Poitras, CBC News Posted: Jun 12,
2017 6:30 AM AT
>
> Alexandre Deschênes's first act as commissioner
was to deal with
> Victor Boudreau's 20 per cent investment in Shediac
Campground Ltd., a
> proposed 700-site facility that has generated local
opposition.
> (Jacques Poitras/CBC)
>
> New Brunswick's
integrity commissioner says the conflict-of-interest
> law for politicians
should be toughened to clarify cases such as
> cabinet minister Victor
Boudreau's former investment in a proposed
> campground near Parlee
Beach.
>
> Alexandre Deschênes said earlier this year that
Boudreau's stake in
> the project did not put him in a conflict of
interest but that the
> appearance of a conflict was
"inevitable."
>
> Unlike other conflict-of-interest laws, "our act
does not apply to an
> apparent conflict of interest," he said in an
interview with CBC News.
> "It's not in there."
>
> Previous
commissioners suggested law
>
> Boudreau recused himself from Parlee
Beach issues anyway, even though
> he didn't technically have to. The law
said ministers aren't in a
> conflict if decisions that affect their
private interests also apply
> to the general public.
>
>
Boudreau recuses himself from Parlee Beach controversy
> Victor
Boudreau case shows 'huge loophole' in conflict law, ethics
> group
says
>
> "Mr. Boudreau could have gone on and said, 'I'm the
minister of health
> and I'm going to make decisions that apply to the
general public and
> the act allows it,'" Deschênes said.
>
>
"If you'd had the words 'apparent conflict of interest' [in the law]
> it
would have been clear."
>
> Deschênes pointed out two of his
predecessors as conflict-of-interest
> commissioner, Pat Ryan and Stuart
Stratton, recommended expanding the
> act to include the appearance of
conflicts.
>
> "It started out way back," he said. "We're looking at
almost a decade
> here where the suggestion has been made that apparent
conflict of
> interest ought to be included in the act. It's not been
done.
>
> "But as a commissioner, I will be following what they've
been doing
> and I will be recommending it when I file a
report."
>
> Updated conflict act
>
> The Gallant
Liberals passed amendments to update the Members Conflict
> of Interest
Act during the spring session of the legislature, but they
> did not
include a ban on perceived conflicts.
>
> Progressive Conservative
MLA Brian MacDonald has also called for the
> Liberals to fix what he
calls "a gap in the law."
>
> 'Gap in the law': PC critic
suggests review of conflict law
> Premier backs Victor Boudreau's
involvement in Parlee Beach issue
>
> Deschênes was appointed the
province's integrity commissioner last
> year. The new role incorporates
the role of conflict-of-interest
> watchdog and registrar of lobbyists,
and in September it will also
> include the Right to Information and
Protection of Privacy Act.
>
> Victor
>
> Cabinet
minister Victor Boudreau recused himself from the Parlee Beach
> issues
anyway, even though the law said ministers aren't in a conflict
> if
decisions that affect their private interests also apply to the
> general
public. (CBC)
>
> Deschênes's first act as commissioner was to deal
with Boudreau's 20
> per cent investment in Shediac Campground Ltd., a
proposed 700-site
> facility that has generated local
opposition.
>
> As health minister, Boudreau oversees the public
health offices, and
> his department was part of a working group looking
at how to deal with
> fecal contamination at Parlee Beach. One option the
group looked at
> was a moratorium on new development near the
beach.
>
> That would have affected the proposed
campground.
>
> 'I told him, and he made it public, that the
appearance of
> conflict in this case was absolutely inevitable. He
couldn't get
> around it. It was there.'
>
> - Alexandre
Deschênes
>
> The law bans ministers from making decisions that
affect their
> "private interest," but it makes an exception if the
decision applies
> to the broader public, even if the minister would still
benefit.
>
> Deschênes said in his letter to Boudreau in March that
"one could
> argue" a decision on a moratorium would affect the broader
public.
>
> "Under the act, he might have been entitled to continue
to have
> discussions that applied to the general population, even though
he was
> part of [the project] at that point," Deschênes said in an
interview
> last week.
>
> "I told him, and he made it public,
that the appearance of conflict in
> this case was absolutely inevitable.
He couldn't get around it. It was
> there."
> An MP's perceived
conflict matters
>
> The federal conflict of interest code for MPs
also includes an
> exception for decisions that affect the general public,
but it
> includes an explicit reference to perceived
conflicts.
>
> Boudreau put his investment in a blind trust in 2014,
which meant he
> had no role in the running of the business. But the value
of his stake
> would have been affected by a moratorium on future
development.
>
> Parlee beach
>
> In May, Victor
Boudreau announced he was giving up his investment in
> the campground on
Parlee Beach altogether.
>
> He said in March he learned of the
potential moratorium Feb. 28 and
> met with Deschênes March 2, the first
date they could arrange it.
>
> "That perception is the issue,"
Boudreau said at the time. "And if the
> perception is the issue, and the
perception is what's going to be
> prevent us from getting to the bottom
of it, then I'm prepared to
> recuse myself from all activities relating
to this committee."
>
> Last month he announced that he was giving
up his investment in the
> campground altogether.
>
>
Deschênes said he believes most ministers and MLAs would do the same
>
thing if he told them there was an apparent, but not actual,
conflict.
>
> "In most cases I think they will listen and they will
do what has to
> be done to put an end to an apparent conflict of
interest, although
> technically they could continue to do what they want
to do."
>
>
>
> 6 Comments
>
> David Raymond
Amos
>
> I sure hope the new integrity commissioner finally does his
job and
> answers me in writing
>
>
>
> 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
>
>
Hon. Alexandre Deschênes, Q.C.
> Integrity Commissioner
>
>
Hon. Alexandre Deschênes, Q.C., who resides in Bathurst, N.B., is a
>
native of Kedgwick, N.B., and is married to Huguette (Savoie)
> Deschênes.
They have two sons.
>
> He studied at Saint-Joseph University (now
Université de Moncton) from
> 1960 to 1962, University of Ottawa from
1962-1965 (B.A.), and
> University of New Brunswick (LL.B., 1968). He was
admitted to the Law
> Society of New Brunswick in 1968. He was legal
counsel to the
> Department of Justice in Fredericton from 1968 to 1971.
He was in
> private practice from 1972 to 1982 and specialized in civil
litigation
> as a partner in the law firm of Michaud, Leblanc, Robichaud,
and
> Deschênes. While residing in Shediac, N.B., he served on town
council
> and became the first president of the South East Economic
Commission.
> He is a past president of the Richelieu Club in
Shediac.
>
> In 1982, he was appointed a judge of the Court of
Queen’s Bench of New
> Brunswick and of the Court of Appeal of New
Brunswick in 2000.
>
> On July 30, 2009, he was appointed to the
Court Martial Appeal Court of
> Canada.
>
> While on the Court
of Appeal of New Brunswick, he was appointed
> President of the provincial
Judicial Council and in 2012 Chairperson
> of the Federal Electoral
Boundaries Commission for the Province of New
> Brunswick for the 2015
federal election.
>
> He was appointed Conflict of Interest
Commissioner in December 2016
> and became New Brunswick’s first Integrity
Commissioner on December
> 16, 2016 with responsibilities for conflict of
interest issues related
> to Members of the Legislative Assembly. As of
April 1, 2017 he
> supervises lobbyists of public office holders under the
Lobbyists’
> Registration Act.
>
> As of September 1, 2017, he
will be assuming the functions presently
> held by the Access to
Information and Privacy Commissioner.
>
>
>
> ----------
Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
>
Date: Thu, 6 Dec 2012 16:22:25 -0400
> Subject: Thank you for your
signature Frenchy
> To: Andre Murray <andremurraynow@gmail.com>,
"marie-claude.blais"
> <marie-claude.blais@gnb.ca>,
sallybrooks25 <sallybrooks25@yahoo.ca>,
>
evelyngreene <evelyngreene@live.ca>,
law <law@stevenfoulds.ca>,
>
"danny.copp" <danny.copp@fredericton.ca>,
nbpc <nbpc@gnb.ca>,
nbombud
> <nbombud@gnb.ca>, coi
<coi@gnb.ca>,
"Wayne.Lang"
> <Wayne.Lang@rcmp-grc.gc.ca>
>
Cc: "dan. bussieres" <dan.bussieres@gnb.ca>,
oldmaison
> <oldmaison@yahoo.com>,
andre <andre@jafaust.com>
>
>
From: "Bussières, Dan (LEG)" <Dan.Bussieres@gnb.ca>
>
Date: Thu, 6 Dec 2012 15:47:49 -0400
> Subject: RE: I just called all
three of your offices
> To: David Amos <motomaniac333@gmail.com>
>
>
Oui je vois
>
>
>
> On 12/6/12, David Amos <motomaniac333@gmail.com>
wrote:
>> I don't take orders well ask the corrupt ex cop Bussieres why
that is
>>
>
>
>
>
> ---------- Forwarded
message ----------
> From: David Amos <motomaniac333@gmail.com>
>
Date: Mon, 12 Dec 2016 13:46:11 -0400
> Subject: Attn premier Brian
Gallant and Kirk MacDonald I just called
> your friends in the Law Society
of New Brunswick for the last time
> From now on we argue before the
courts
> To: george.filliter@gmail.com,
lcmarcou@mccain.ca,
>
cmichaud@coxandpalmer.com,
tross@judicom.ca, coi@gnb.ca,
> m.pelletier@nb.aibn.com,
"Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
>
nbpc <nbpc@gnb.ca>,
"Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
>
"bruce.northrup" <bruce.northrup@gnb.ca>,
"brian.keirstead"
> <brian.keirstead@gnb.ca>,
"blaine.higgs" <blaine.higgs@gnb.ca>,
>
"Davidc.Coon" <Davidc.Coon@gmail.com>,
"David.Coon"
> <David.Coon@gnb.ca>,
"david.eidt" <david.eidt@gnb.ca>,
"jan.jensen"
> <jan.jensen@justice.gc.ca>,
"bill.pentney"
> <bill.pentney@justice.gc.ca>,
mcu <mcu@justice.gc.ca>,
postur
> <postur@for.is>, postur
<postur@irr.is>,
birgittaj
> <birgittaj@althingi.is>
>
Cc: David Amos <david.raymond.amos@gmail.com>,
"kirk.macdonald"
> <kirk.macdonald@gnb.ca>,
briangallant10 <briangallant10@gmail.com>,
>
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>,
premier <premier@gnb.ca>
>
>
Methinks if Kik MacDonald were truly wise he would make another speech
>
before Xmass but this time he should tell the awful truth instead of
>
just making fun of our trubles with LIEBRANOS N'esy Pas Davey Baby
>
Coon?
>
> Trust that watching this politite nonsense is truly
offensive to any
> Maritmer with two clues between their
ears.
>
> http://www.cbc.ca/news/canada/new-brunswick/political-panel-dec-8-1.3888331
>
>
Conflict of Interest 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
>
>
Michèle Pelletier
> Arseneault & Pelletier
> 568A Ave. des
Pionniers
> Balmoral, New Brunswick E8E 1E3
> Phone:
506-826-1819
> Fax: 506-826-1817
> Email: m.pelletier@nb.aibn.com
>
>
KIM POFFENROTH
> Assistant Deputy Attorney General
> Legislative
Services (Branch)
> Office of the Attorney General
> Phone : (506)
453-2855
> Fax : (506) 457-7342
> Email : Kim.POFFENROTH@gnb.ca
>
>
>
>
http://www.cbc.ca/news/canada/new-brunswick/integrity-commissioner-named-1.3885165
>
>
The Gallant government has introduced legislation to merge several
>
legislative watchdog positions into a single job and has chosen a
>
retired judge to take on the newly expanded role.
>
> Alexandre
Deschênes
>
> Alexandre Deschênes, a retired New Brunswick Court of
Appeal justice,
> is to be the first integrity commissioner in New
Brunswick.
>
> Retired New Brunswick Court of Appeal justice
Alexandre Deschênes will
> become the province's first integrity
commissioner, an appointment
> supported by the opposition Progressive
Conservatives and Green Party
> Leader David Coon.
>
> Premier
Brian Gallant introduced a bill Wednesday to create the
position.
>
> For now, Deschênes fills the vacant position of
conflict-of-interest
> commissioner and will also oversee legislation
governing the privacy
> of personal health records.
>
> Next
July, Deschênes will add responsibility for the lobbyist registry
> to his
duties.
>
> The Liberals say they will proclaim legislation to set
up the registry
> by next July. The law was passed by the previous PC
government in 2014
> but not enacted.
>
> Conflict of
interest commissioner, MLAs have conflicting views on
>
transparency
> Commissioner wants mandatory privacy breach
reporting
> N.B. legislature will study cutting independent
watchdogs
>
> And next September, after Anne Bertrand, the
information and privacy
> commissioner, finishes her seven-year term, that
job will become part
> of Deschênes's job as integrity
commissioner.
>
> An independent study, done as part of the
government's program
> review, recommended the merging of the legislative
officer positions.
>
> All parties in the legislature agreed on two
other appointments
> Wednesday: lawyer Michèle Pelletier as consumer
advocate for insurance
> and assistant deputy attorney general Kim
Poffenroth as chief
> electoral officer.J
>
>
> http://lawsociety-barreau.nb.ca/en/about/council/council
>
>
At its Annual General Meeting on Saturday, June 25th, 2016, the Law
>
Society of New Brunswick elected its new Executive for the 2016-2017
>
term:
>
> New Executive
>
> George P. Filliter,
Q.C.
> President
> 68 Avonlea Court
> Fredericton, NB E3C
1N8
> Tel: (506) 454-7678
> Fax: (506) 454-6983
> george.filliter@gmail.com
>
>
Luc Marcoux, Q.C.
> Vice-President
> McCain Foods Limited
>
8800 Main Street
> Florenceville-Bristol, NB E7L 1B2
> Tel: (506)
375-5353
> Fax: (506) 375-5058
> lcmarcou@mccain.ca
>
>
Christian E. Michaud, Q.C.
> Treasurer
> Cox & Palmer
>
Blue Cross Center
> 644 Main Street, Suite 500
> Moncton, NB E1C
1E2
> Tel: (506) 863-1131
> Fax: (506) 856-8150
> cmichaud@coxandpalmer.com
>
>
>
Law Society of New Brunswick
> 68 Avonlea Court
> Fredericton, New
Brunswick
> E3C 1N8
> (506) 458-8540
> (506)
451-1421
>
> general@lawsociety-barreau.nb.ca
>
>
http://lawsociety-barreau.nb.ca/en/for-lawyers/queen-counsel-nominations
>
>
October 24, 2016
>
> Eleven New Brunswick lawyers were appointed
Queen’s Counsel by the
> Lieutenant-Governor of New Brunswick, the
Honourable Jocelyne Roy
> Vienneau, on Monday, October 24, 2016, at the
Legislative Assembly in
> Fredericton.
>
> Christa
Bourque, Q.C., of Moncton
> Krista Lynn Colford, Q.C., of
Fredericton
> The Honourable Alexandre Deschênes, Q.C., of
Bathurst
> Edward L. Derrah, Q.C., of Fredericton
> Shannon
Doran, Q.C., of Fredericton
> Nathalie L. Godbout, Q.C., of Saint
John
> Stephen J. Hutchison, Q.C., of Saint John
> The
Honourable Dominic A. J. LeBlanc, Q.C., of Shediac
> Luc Marcoux,
Q.C., of Florenceville-Bristol
> D. Andrew Rouse, Q.C., of
Fredericton
> John R. Williamson, Q.C., of Fredericton
>
>
The distinction of Queen’s Counsel is conferred upon experienced
> lawyers
in recognition of their commitment to the principles of the
> legal
profession and contributions to their communities. Eligible
> lawyers
include those who have been members of the Law Society of New
> Brunswick
and have been engaged in the active practice of law in the
> province for
at least 15 years with extensive experience before the
> courts or have
demonstrated exceptional service to the profession.
>
> In the fall
of this year, a committee consisting of the Chief Justice
> of New
Brunswick, J. Ernest Drapeau, the Attorney General of New
> Brunswick and
the President of the Law Society of New Brunswick, will
> consider
candidates for the next Queen’s Counsel appointments.
>
> The
distinction of Queen’s Counsel is conferred upon experienced
> lawyers in
recognition of their commitment to the principles of the
> legal
profession and contributions to their communities. The criteria
> for
these appointments are:
>
> A regular member of the Law Society of
New Brunswick who:
>
> a) has been engaged in the active practice of
law in the Province of
> New Brunswick for at least fifteen years, with
extensive experience
> before the courts;
>
> b) in the
opinion of the Committee, merits the appointment by reason
> of
exceptional service to the legal profession.
>
> It should be noted
that past practice indicates that Queen’s Counsel
> appointments typically
have more than seventeen years at the Bar.
>
> The Law Society
encourages members to forward a letter and a resume in
> order to be
considered as a candidate for a Queen’s Counsel
> appointment. Persons may
either apply personally or may nominate a
> member of the Law Society. All
applicants will be treated equally by
> the Committee whether they are
nominated, or whether they apply
> personally.
>
> In your
letter, you may wish to identify two individuals, either
> within or
outside the Law Society who might provide additional
> information to
assist the Committee in considering this matter. If
> letters of reference
are provided, they may be identified for this
> purpose.
>
>
Your application or nomination should be received by Chief Justice J.
>
Ernest Drapeau no later than Friday, June 24, 2016, at 4:00 p.m.
>
>
It may be sent via email to tross@judicom.ca or
sent/delivered to:
>
> Committee on Queen’s Counsel
Appointments
> c/o The Hon. Chief Justice J. Ernest Drapeau
> Court
of Appeal of New Brunswick
> Justice Building
> 427 Queen Street,
Room 311
> Fredericton, NB E3B 1B7
>
>
> http://www.cbc.ca/news/canada/new-brunswick/kirk-macdonald-dominic-leblanc-judge-moving-bill-1.3866450
>
>
>
Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
> Kirk
MacDonald says Liberals drafted bill to help put Jolène Richard
> and
André Richard on court
>
> By Jacques Poitras, CBC News Posted: Nov
24, 2016 6:03 PM AT
>
> A Progressive Conservative MLA has taken the
unusual step of naming
> names — including that of a sitting provincial
court judge — in his
> attack on a proposed law on how Court of Queen's
Bench judges are
> transferred.
>
> Kirk MacDonald told the
legislature last week that he believes the
> government bill was drafted
to help the spouse and the brother-in-law
> of federal Liberal MP Dominic
LeBlanc, a close ally of Premier Brian
> Gallant.
>
nb-andre-richard-jolene-richard
>
> A Progressive Conservative
MLA believes the Liberal government's
> judge-moving bill was drafted to
help have André Richard and Jolène
> Richard appointed to the Court of
Queen's Bench. (CBC)
>
> "I will give you two names. I will give you
Jolène Richard and André
> Richard, two people I believe are looking for
judicial appointments
> here in New Brunswick," MacDonald said during
second-reading debate on
> the bill.
>
> In fact, Jolène
Richard is already a provincial court judge. André
> Richard is her
brother and a senior lawyer at Stewart McKelvey.
>
> Province
names new judge, wife of MP Dominic LeBlanc
>
> "Dominic LeBlanc has
some judges that he wants to appoint in New
> Brunswick, and the framework
as it currently exists does not allow for
> that to happen," MacDonald
said.
>
> André Richard stated Thursday he "had no involvement in
the
> government's decision to propose changes to the Judicature
Act."
>
> "As you know, my sister is already a judge who sits in
Moncton. I fail
> to understand why our names are being brought into this
debate."
> Bill gives veto to minister
>
> The Liberal bill
would amend the Judicature Act, which governs how
> courts operate, to
give the justice minister a veto over Chief Justice
> David Smith of the
Court of Queen's Bench transferring judges from one
> court to
another.
> nb-chief-justice-david-smith
>
> Court of Queen's
Bench Chief Justice David Smith has transferred 13
> judges since becoming
chief justice in 1998. (Acadia University)
>
> PC MLAs have hinted
in the past about who they believe the bill was
> designed to help. But
until now, no one was willing to name them.
>
> It's rare for
politicians to draw sitting judges into partisan
> debates, and the
veteran Tory MLA did not offer any evidence to back
> up his allegations.
He turned down a request to explain his views in
> an interview.
>
Parliamentary privilege
>
> Parliamentary privilege protects members
of the legislature from being
> sued for defamation or held in contempt of
court for comments they
> make during proceedings. No such protection
exists for things they say
> outside the legislature.
>
>
Provincial court judges such as Richard are appointed by the province,
>
but Court of Queen's Bench justices are named by Ottawa. Both courts
> are
administered by the province, but the current law gives Smith the
> power
to move judges on his court on his own.
>
> Smith has argued the
bill would threaten the independence of the
> courts, which could make it
unconstitutional.
> Bill brought back
>
> The Liberals
introduced the bill during the last session, but it
> didn't pass before
the session ended. They brought it back last week.
>
> Justice
Minister Denis Landry said last week the bill was designed to
> bring
"best practices" to court administration and end the pattern of
> justices
being named to smaller courthouses and then being transferred
> soon
after.
>
> Judge-moving legislation introduced again
>
2 chief justices appear at odds over judge-moving bill
> 7 things
list reveals about controversial judge-moving bill
>
> "This is what
we want to correct," he said. "If we name a judge, they
> should reside
there, for a long period of time, not just two or three
> months then move
them where they want to go."
>
> Asked whether he'd veto such a
transfer, Landry said, "This is what we'll
> see."
>
>
Landry's department said Thursday it would not comment on MacDonald's
>
accusation.
> Larger locations favoured
>
> MacDonald said
during last week's debate that it's true Court of
> Queen's Bench justices
are often appointed to smaller locations and
> are then moved to one of
the three largest cities.
> Dominic LeBlanc
>
> Federal
Fisheries Minister Dominic LeBlanc is a close ally of New
> Brunswick
Premier Brian Gallant. (CBC)
>
> He said that court postings in
Moncton, Fredericton, and Saint John
> are "The positions that everyone
seems to want."
>
> And he said the current system for moving
judges, "which is controlled
> by the chief justice, does not work for
Dominic LeBlanc and the
> Liberal Party of New Brunswick," MacDonald
said.
>
> Upside to judge-moving bill touted by
ex-constitutional lawyer
> Gallant government's judge-moving bill
questioned by legal expert
>
> "They want to change it. They want to
have a situation where they have
> a mechanism to control that decision
and to effect change on that
> decision."
>
> In June, Smith
transferred Justice Tracey DeWare from Woodstock to
> Moncton and Justice
Richard Petrie from Saint John to Woodstock.
>
> DeWare was moved to
fill a vacancy after Justice Brigitte Robichaud
> switched to
supernumerary, or part-time, status.
>
> Jolène Richard did not
respond to interview requests.
>
> ---------- Original message
----------
> From: Póstur FOR <postur@for.is>
>
Date: Mon, 4 Apr 2016 22:05:47 +0000
> Subject: Re: Hey Premier Gallant
please inform the questionable
> parliamentarian Birigtta Jonsdottir that
although NB is a small "Have
> Not" province at least we have twice the
population of Iceland and
> that not all of us are as dumb as she and her
Prime Minister pretends
> to be..
> To: David Amos <motomaniac333@gmail.com>
>
>
>
Erindi þitt hefur verið móttekið / Your request has been
received
>
> Kveðja / Best regards
> Forsætisráðuneytið /
Prime Minister's Office
>
>
> ---------- Original message
----------
> From: Póstur IRR <postur@irr.is>
>
Date: Mon, 4 Apr 2016 22:05:47 +0000
> Subject: Re: Hey Premier Gallant
please inform the questionable
> parliamentarian Birigtta Jonsdottir that
although NB is a small "Have
> Not" province at least we have twice the
population of Iceland and
> that not all of us are as dumb as she and her
Prime Minister pretends
> to be..
> To: David Amos <motomaniac333@gmail.com>
>
>
>
Erindi þitt hefur verið móttekið. / Your request has been
received.
>
> Kveðja / Best regards
> Innanríkisráðuneytið /
Ministry of the Interior
>
>
> ---------- Forwarded message
----------
> From: Póstur FOR <postur@for.is>
>
Date: Mon, 4 Apr 2016 21:43:50 +0000
> Subject: Re: After crossing paths
with them bigtime in 2004 Davey Baby
> Coon and his many Green Meanie and
Fake Left cohorts know why I won't
> hold my breath waiting for them to
act with any semblance of integrity
> now N'esy Pas Chucky
Leblanc??
> To: David Amos <motomaniac333@gmail.com>
>
>
>
Erindi þitt hefur verið móttekið / Your request has been
received
>
> Kveðja / Best regards
> Forsætisráðuneytið /
Prime Minister's Office
>
>
> This is the
docket
>
> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>
>
These are digital recordings of the last two hearings
>
> Dec 14th
https://archive.org/details/BahHumbug
>
> Jan
11th https://archive.org/details/Jan11th2015
>
>
This me running for a seat in Parliament again while CBC denies it
again
>
> Fundy Royal, New Brunswick Debate – Federal Elections 2015
- The Local
> Campaign, Rogers TV
>
> https://www.youtube.com/watch?v=-cFOKT6TlSE
>
>
http://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276
>
>
Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
>
FYI This is the text of the lawsuit that should interest Trudeau the
most
>
>
> http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>
>
83 The Plaintiff states that now that Canada is involved in more war
> in
Iraq again it did not serve Canadian interests and reputation to
> allow
Barry Winters to publish the following words three times over
> five years
after he began his bragging:
>
> January 13, 2015
> This Is
Just AS Relevant Now As When I wrote It During The Debate
>
>
December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October
3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes
And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free
ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s
skirts.
>
> When I was still in Canadian Forces then Prime Minister
Jean Chretien
> actually committed the Canadian Army to deploy in the
second campaign
> in Iraq, the Coalition of the Willing. This was against
or contrary to
> the wisdom or advice of those of us Canadian officers
that were
> involved in the initial planning phases of that operation.
There were
> significant concern in our planning cell, and NDHQ about of
the dearth
> of concern for operational guidance, direction, and forces
for
> operations after the initial occupation of Iraq. At the “last
minute”
> Prime Minister Chretien and the Liberal government changed its
mind.
> The Canadian government told our amerkan cousins that we would
not
> deploy combat troops for the Iraq campaign, but would deploy
a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins
to
> redeploy troops from there to Iraq. The PMO’s thinking that it
was
> less costly to deploy Canadian Forces to Afghanistan than Iraq.
But
> alas no one seems to remind the Liberals of Prime Minister
Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean
Chretien’s
> incompetence and stupidity, the Canadian Army was
heroic,
> professional, punched well above it’s weight, and the PPCLI
Battle
> Group, is credited with “saving Afghanistan” during the
Panjway
> campaign of 2006.
>
> What Justin Trudeau and the
Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean
Chretien committed, and deployed the
> Canadian army to Canada’s longest
“war” without the advice, consent,
> support, or vote of the Canadian
Parliament.
>
> What David Amos and the rest of the ignorant,
uneducated, and babbling
> chattering classes are too addled to understand
is the deployment of
> less than 75 special operations troops, and what is
known by planners
> as a “six pac cell” of fighter aircraft is NOT the
same as a
> deployment of a Battle Group, nor a “war”
make.
>
> The Canadian Government or The Crown unlike our amerkan
cousins have
> the “constitutional authority” to commit the Canadian
nation to war.
> That has been recently clearly articulated to the
Canadian public by
> constitutional scholar Phillippe Legasse. What
Parliament can do is
> remove “confidence” in The Crown’s Government in a
“vote of
> non-confidence.” That could not happen to the Chretien
Government
> regarding deployment to Afghanistan, and it won’t happen in
this
> instance with the conservative majority in The Commons regarding
a
> limited Canadian deployment to the Middle East.
>
>
President George Bush was quite correct after 911 and the terror
> attacks
in New York; that the Taliban “occupied” and “failed state”
> Afghanistan
was the source of logistical support, command and control,
> and training
for the Al Quaeda war of terror against the world. The
> initial defeat,
and removal from control of Afghanistan was vital and
> essential for the
security and tranquility of the developed world. An
> ISIS “caliphate,” in
the Middle East, no matter how small, is a clear
> and present danger to
the entire world. This “occupied state,”
> or“failed state” will prosecute
an unending Islamic inspired war of
> terror against not only the “western
world,” but Arab states
> “moderate” or not, as well. The security,
safety, and tranquility of
> Canada and Canadians are just at risk now
with the emergence of an
> ISIS“caliphate” no matter how large or small,
as it was with the
> Taliban and Al Quaeda “marriage” in
Afghanistan.
>
> One of the everlasting “legacies” of the “Trudeau
the Elder’s dynasty
> was Canada and successive Liberal governments
cowering behind the
> amerkan’s nuclear and conventional military shield,
at the same time
> denigrating, insulting them, opposing them, and at the
same time
> self-aggrandizing ourselves as “peace keepers,” and
progenitors of
> “world peace.” Canada failed. The United States of
Amerka, NATO, the
> G7 and or G20 will no longer permit that sort of
sanctimonious
> behavior from Canada or its government any longer. And
Prime Minister
> Stephen Harper, Foreign Minister John Baird , and Cabinet
are fully
> cognizant of that reality. Even if some editorial boards, and
pundits
> are not.
>
> Justin, Trudeau “the younger” is
reprising the time “honoured” liberal
> mantra, and tradition of expecting
the amerkans or the rest of the
> world to do “the heavy lifting.” Justin
Trudeau and his “butt buddy”
> David Amos are telling Canadians that we
can guarantee our security
> and safety by expecting other nations to
fight for us. That Canada can
> and should attempt to guarantee Canadians
safety by providing
> “humanitarian aid” somewhere, and call a sitting US
president a “war
> criminal.” This morning Australia announced they too,
were sending
> tactical aircraft to eliminate the menace of an ISIS
“caliphate.”
>
> In one sense Prime Minister Harper is every bit the
scoundrel Trudeau
> “the elder” and Jean ‘the crook” Chretien was. Just As
Trudeau, and
> successive Liberal governments delighted in
diminishing,
> marginalizing, under funding Canadian Forces, and sending
Canadian
> military men and women to die with inadequate kit and
modern
> equipment; so too is Prime Minister Stephen Harper. Canada’s
F-18s are
> antiquated, poorly equipped, and ought to have been replaced
five
> years ago. But alas, there won’t be single RCAF fighter jock
that
> won’t go, or won’t want to go, to make Canada safe or
safer.
>
> My Grandfather served this country. My father served this
country. My
> Uncle served this country. And I have served this country.
Justin
> Trudeau has not served Canada in any way. Thomas Mulcair has
not
> served this country in any way. Liberals and so called
social
> democrats haven’t served this country in any way. David Amos,
and
> other drooling fools have not served this great nation in any way.
Yet
> these fools are more than prepared to ensure their, our safety
to
> other nations, and then criticize them for doing so.
>
>
Canada must again, now, “do our bit” to guarantee our own security,
> and
tranquility, but also that of the world. Canada has never before
> shirked
its responsibility to its citizens and that of the world.
>
> Prime
Minister Harper will not permit this country to do so now
>
> From:
dnd_mdn@forces.gc.ca
>
Date: Fri, 27 May 2011 14:17:17 -0400
> Subject: RE: Re Greg Weston, The
CBC , Wikileaks, USSOCOM, Canada and
> the War in Iraq (I just called
SOCOM and let them know I was still
> alive
> To: david.raymond.amos@gmail.com
>
>
This is to confirm that the Minister of National Defence has received
>
your email and it will be reviewed in due course. Please do not reply
> to
this message: it is an automatic acknowledgement.
>
>
>
---------- Original message ----------
> From: David Amos <david.raymond.amos@gmail.com>
>
Date: Fri, 27 May 2011 13:55:30 -0300
> Subject: Re Greg Weston, The CBC ,
Wikileaks, USSOCOM, Canada and the
> War in Iraq (I just called SOCOM and
let them know I was still alive
> To: DECPR@forces.gc.ca, Public.Affairs@socom.mil,
>
Raymonde.Cleroux@mpcc-cppm.gc.ca,
john.adams@cse-cst.gc.ca,
>
william.elliott@rcmp-grc.gc.ca,
stoffp1 <stoffp1@parl.gc.ca>,
>
dnd_mdn@forces.gc.ca,
media@drdc-rddc.gc.ca,
information@forces.gc.ca,
>
milner@unb.ca, charters@unb.ca, lwindsor@unb.ca,
>
sarah.weir@mpcc-cppm.gc.ca,
birgir <birgir@althingi.is>,
smari
> <smari@immi.is>, greg.weston@cbc.ca, pm
<pm@pm.gc.ca>,
> susan@blueskystrategygroup.com,
Don@blueskystrategygroup.com,
>
eugene@blueskystrategygroup.com,
americas@aljazeera.net
>
Cc: "Edith. Cody-Rice" <Edith.Cody-Rice@cbc.ca>,
"terry.seguin"
> <terry.seguin@cbc.ca>,
acampbell <acampbell@ctv.ca>,
whistleblower
> <whistleblower@ctv.ca>
>
>
I talked to Don Newman earlier this week before the beancounters David
>
Dodge and Don Drummond now of Queen's gave their spin about Canada's
>
Health Care system yesterday and Sheila Fraser yapped on and on on
> CAPAC
during her last days in office as if she were oh so ethical.. To
> be fair
to him I just called Greg Weston (613-288-6938) I suggested
> that he
should at least Google SOUCOM and David Amos It would be wise
> if he
check ALL of CBC's sources before he publishes something else
> about the
DND EH Don Newman? Lets just say that the fact that your
> old CBC
buddy, Tony Burman is now in charge of Al Jazeera English
> never
impressed me. The fact that he set up a Canadian office is
> interesting
though
>
> http://www.blueskystrategygroup.com/index.php/team/don-newman/
>
>
http://www.cbc.ca/news/arts/media/story/2010/05/04/al-jazeera-english-launch.html
>
>
Anyone can call me back and stress test my integrity after they read
>
this simple pdf file. BTW what you Blue Sky dudes pubished about
> Potash
Corp and BHP is truly funny. Perhaps Stevey Boy Harper or Brad
> Wall will
fill ya in if you are to shy to call mean old me.
>
> http://www.scribd.com/doc/2718120/Integrity-Yea-Right
>
>
The Governor General, the PMO and the PCO offices know that I am not a
>
shy political animal
>
> Veritas Vincit
> David Raymond
Amos
> 902 800 0369
>
> Enjoy Mr Weston
> http://www.cbc.ca/m/touch/news/story/2011/05/15/weston-iraq-invasion-wikileaks.html
>
>
"But Lang, defence minister McCallum's chief of staff, says military
>
brass were not entirely forthcoming on the issue. For instance, he
> says,
even McCallum initially didn't know those soldiers were helping
> to plan
the invasion of Iraq up to the highest levels of command,
> including a
Canadian general.
>
> That general is Walt Natynczyk, now Canada's
chief of defence staff,
> who eight months after the invasion became
deputy commander of 35,000
> U.S. soldiers and other allied forces in
Iraq. Lang says Natynczyk was
> also part of the team of mainly senior
U.S. military brass that helped
> prepare for the invasion from a mobile
command in Kuwait."
>
> http://baconfat53.blogspot.com/2010/06/canada-and-united-states.html
>
>
"I remember years ago when the debate was on in Canada, about there
>
being weapons of mass destruction in Iraq. Our American 'friends"
>
demanded that Canada join into "the Coalition of the Willing. American
>
"veterans" and sportscasters loudly denounced Canada for NOT buying
> into
the US policy.
>
> At the time I was serving as a planner at NDHQ
and with 24 other of my
> colleagues we went to Tampa SOUCOM HQ to be
involved in the planning
> in the planning stages of the op....and to
report to NDHQ, that would
> report to the PMO upon the merits of the
proposed operation. There was
> never at anytime an existing target list
of verified sites where there
> were deployed WMD.
>
>
Coalition assets were more than sufficient for the initial strike and
>
invasion phase but even at that point in the planning, we were
> concerned
about the number of "boots on the ground" for the occupation
> (and end
game) stage of an operation in Iraq. We were also concerned
> about the
American plans for occupation plans of Iraq because they at
> that stage
included no contingency for a handing over of civil
> authority to a
vetted Iraqi government and bureaucracy.
>
> There was no detailed
plan for Iraq being "liberated" and returned to
> its people...nor a
thought to an eventual exit plan. This was contrary
> to the lessons of
Vietnam but also to current military thought, that
> folks like Colin
Powell and "Stuffy" Leighton and others elucidated
> upon. "What's the
mission" how long is the mission, what conditions
> are to met before US
troop can redeploy? Prime Minister Jean Chretien
> and the PMO were even
at the very preliminary planning stages wary of
> Canadian involvement in
an Iraq operation....History would prove them
> correct. The political
pressure being applied on the PMO from the
> George W Bush administration
was onerous
>
> American military assets were extremely
overstretched, and Canadian
> military assets even more so It was proposed
by the PMO that Canadian
> naval platforms would deploy to assist in naval
quarantine operations
> in the Gulf and that Canadian army assets would
deploy in Afghanistan
> thus permitting US army assets to redeploy for an
Iraqi
> operation....The PMO thought that "compromise would save
Canadian
> lives and liberal political capital.. and the priority of
which
> ....not necessarily in that order. "
>
> You can bet
that I called these sneaky Yankees again today EH John
> Adams? of the CSE
within the DND?
>
> http://www.socom.mil/SOCOMHome/Pages/ContactUSSOCOM.aspx
>
>
>
---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
>
Date: Tue, 20 Oct 2015 09:20:29 -0400
> Subject: Hey before you Red Coats
swear an Oath to the Queen and the
> 42nd Parliament begins perhaps the
turncoat Big Bad Billy Casey the
> Yankee carpetbagger David Lutz or some
Boyz from NB should explain
> this lawsuit to you real slow.
> To:
alaina@alainalockhart.ca,
david <david@lutz.nb.ca>,
>
"daniel.mchardie" <daniel.mchardie@cbc.ca>,
info@waynelong.ca,
>
info@ginettepetitpastaylor.ca,
rarseno@nbnet.nb.ca,
>
matt@mattdecourcey.ca,
info@sergecormier.ca,
pat@patfinnigan.ca,
>
tj@tjharvey.ca, karen.ludwig.nb@gmail.com
>
Cc: David Amos <david.raymond.amos@gmail.com>,
"Frank.McKenna"
> <Frank.McKenna@td.com>,
info@votezsteve.ca,
info@billcasey.ca,
>
"justin.trudeau.a1" <justin.trudeau.a1@parl.gc.ca>,
>
"dominic.leblanc.a1" <dominic.leblanc.a1@parl.gc.ca>,
oldmaison
> <oldmaison@yahoo.com>,
jacques_poitras <jacques_poitras@cbc.ca>,
>
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>,
"peter.mackay"
> <peter.mackay@justice.gc.ca>
>
>
>
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
BETWEEN:
DAVID RAYMOND AMOS
Respondent on
the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE
QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at
Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa,
Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE
COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA
213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON
J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the
cross-appeal
(and formally Appellant)
and
HER MAJESTY THE
QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS
FOR JUDGMENT BY THE COURT
I. Introduction
[1]
On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a
53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty
the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public
apology from the Prime Minister and Provincial
Premiers for being illegally
barred from accessing parliamentary
properties and seeks a declaration from
the Minister of Public Safety
that the Canadian Government will no longer
allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass
him and his clan
(Claim at para. 96).
[2] On November
12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a
prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its
entirety, without leave to
amend, on the basis that it was plain and obvious
that the Claim
disclosed no reasonable claim, the Claim was fundamentally
vexatious,
and the Claim could not be salvaged by way of further amendment
(the
Prothontary’s Order).
[3] On January 25, 2016
(2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a
judge of the Federal
Court (the Judge), reviewing the matter de novo, struck
all of Mr.
Amos’ claims for relief with the exception of the claim for
damages
for being barred by the RCMP from the New Brunswick legislature
in
2004 (the Federal Court Judgment).
[4] Mr. Amos
appealed and the Crown cross-appealed the
Federal Court Judgment. Further to
the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for
delay on December 19, 2016.
As such, the only matter before this Court is the
Crown’s
cross-appeal.
II. Preliminary
Matter
[5] Mr. Amos, in his memorandum of fact and law
in
relation to the cross-appeal that was filed with this Court on March
6,
2017, indicated that several judges of this Court, including two of
the
judges of this panel, had a conflict of interest in this appeal.
This was the
first time that he identified the judges whom he believed
had a conflict of
interest in a document that was filed with this
Court. In his notice of
appeal he had alluded to a conflict with
several judges but did not name
those judges.
[6] Mr. Amos was of the view that he did not
have to
identify the judges in any document filed with this Court because
he
had identified the judges in various documents that had been filed
with
the Federal Court. In his view the Federal Court and the Federal
Court of
Appeal are the same court and therefore any document filed in
the Federal
Court would be filed in this Court. This view is based on
subsections 5(4)
and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4)
Every judge of the Federal Court is, by virtue of his or her
office, a judge
of the Federal Court of Appeal and has all the
jurisdiction, power and
authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les
juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et
ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel
fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by
virtue of
that office, a judge of the Federal Court and has all
the
jurisdiction, power and authority of a judge of the Federal
Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges
de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que
les
juges de la Cour fédérale.
[7] However, these
subsections only provide that the
judges of the Federal Court are also judges
of this Court (and vice
versa). It does not mean that there is only one
court. If the Federal
Court and this Court were one Court, there would be no
need for this
section.
[8] Sections 3 and 4 of the Federal
Courts Act provide that:
3 The division of the Federal Court of Canada called
the Federal Court
— Appeal Division is continued under the name “Federal
Court of
Appeal” in English and “Cour d’appel fédérale” in French. It
is
continued as an additional court of law, equity and admiralty in
and
for Canada, for the better administration of the laws of Canada and
as
a superior court of record having civil and criminal
jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la
Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale »
en
français et « Federal Court of Appeal » en anglais. Elle est
maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté
du
Canada, propre à améliorer l’application du droit canadien, et
continue
d’être une cour supérieure d’archives ayant compétence en
matière civile et
pénale.
4 The division of the Federal Court of Canada called the Federal
Court
— Trial Division is continued under the name “Federal Court”
in
English and “Cour fédérale” in French. It is continued as an
additional
court of law, equity and admiralty in and for Canada, for
the better
administration of the laws of Canada and as a superior
court of record having
civil and criminal jurisdiction.
4 La section de la Cour fédérale du
Canada, appelée la Section de
première instance de la Cour fédérale, est
maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en
anglais. Elle est
maintenue à titre de tribunal additionnel de droit,
d’equity et
d’amirauté du Canada, propre à améliorer l’application du
droit
canadien, et continue d’être une cour supérieure d’archives
ayant
compétence en matière civile et pénale.
[9]
Sections 3 and 4 of the Federal Courts Act create
two separate courts – this
Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos
suggests, documents filed in the Federal
Court were automatically also filed
in this Court, then there would no
need for the parties to prepare and file
appeal books as required by
Rules 343 to 345 of the Federal Courts Rules,
SOR/98-106 in relation
to any appeal from a decision of the Federal Court.
The requirement to
file an appeal book with this Court in relation to an
appeal from a
decision of the Federal Court makes it clear that the only
documents
that will be before this Court are the documents that are part of
that
appeal book.
[10] Therefore, the memorandum of fact
and law filed on
March 6, 2017 is the first document, filed with this Court,
in which
Mr. Amos identified the particular judges that he submits have
a
conflict in any matter related to him.
[11] On April
3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court
seeking an order “affirming or denying the
conflict of interest he has” with
a number of judges of the Federal
Court. A judge of the Federal Court issued
a direction noting that if
Mr. Amos was seeking this order in relation to
judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the
Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of
this
cross-appeal. The Federal Court motion is not a motion before
this
Court and, as such, the submissions filed before the Federal
Court
will not be entertained. As well, since this was a motion
brought
before the Federal Court (and not this Court), any documents filed
in
relation to that motion are not part of the record of this
Court.
[12] During the hearing of the appeal Mr. Amos
alleged that
the third member of this panel also had a conflict of interest
and
submitted some documents that, in his view, supported his claim of
a
conflict. Mr. Amos, following the hearing of his appeal, was
also
afforded the opportunity to provide a brief summary of the
conflict
that he was alleging and to file additional documents that, in
his
view, supported his allegations. Mr. Amos submitted several pages
of
documents in relation to the alleged conflicts. He organized
the
documents by submitting a copy of the biography of the
particular
judge and then, immediately following that biography, by
including
copies of the documents that, in his view, supported his claim
that
such judge had a conflict.
[13] The nature of the
alleged conflict of Justice Webb is
that before he was appointed as a Judge
of the Tax Court of Canada in
2006, he was a partner with the law firm
Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos
submitted that he
had a number of disputes with Patterson Palmer and
Patterson Law and
therefore Justice Webb has a conflict simply because he was
a partner
of these firms. Mr. Amos is not alleging that Justice Webb
was
personally involved in or had any knowledge of any matter in which
Mr.
Amos was involved with Justice Webb’s former law firm – only that
he
was a member of such firm.
[14] During his oral
submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged
conflict for Justice Webb,
focused on dealings between himself and a
particular lawyer at
Patterson Law. However, none of the documents submitted
by Mr. Amos at
the hearing or subsequently related to any dealings with
this
particular lawyer nor is it clear when Mr. Amos was dealing with
this
lawyer. In particular, it is far from clear whether such dealings
were
after the time that Justice Webb was appointed as a Judge of the
Tax
Court of Canada over 10 years ago.
[15] The
documents that he submitted in relation to the
alleged conflict for Justice
Webb largely relate to dealings between
Byron Prior and the St. John’s
Newfoundland and Labrador office of
Patterson Palmer, which is not in the
same province where Justice Webb
practiced law. The only document that
indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an
affidavit of Stephen May
who was a partner in the St. John’s NL office of
Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a
number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also
included a
letter that is addressed to four individuals, one of whom is
John
Crosbie who was counsel to the St. John’s NL office of
Patterson
Palmer. The letter is dated September 2, 2004 and is addressed
to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen
Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to
a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’
position is that simply because Justice Webb
was a lawyer with Patterson
Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the
Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted
that disqualification of a
judge is to be determined based on whether there
is a reasonable
apprehension of bias:
60 In Canadian law, one
standard has now emerged as the
criterion for disqualification. The
criterion, as expressed by de
Grandpré J. in Committee for Justice and
Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716],
at p. 394, is the
reasonable apprehension of bias:
… the apprehension of
bias must be a reasonable one, held by
reasonable and right minded persons,
applying themselves to the
question and obtaining thereon the required
information. In the words
of the Court of Appeal, that test is "what would an
informed person,
viewing the matter realistically and practically -- and
having thought
the matter through -- conclude. Would he think that it is more
likely
than not that [the decision-maker], whether consciously
or
unconsciously, would not decide fairly."
[17] The issue
to be determined is whether an informed
person, viewing the matter
realistically and practically, and having
thought the matter through, would
conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of
bias. As this Court has
previously remarked, “there is a strong presumption
that judges will
administer justice impartially” and this presumption will
not be
rebutted in the absence of “convincing evidence” of bias (Collins
v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins].
See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151
D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando
Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the
Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed
the
particular issue of whether a judge is disqualified from hearing
a
case simply because he had been a member of a law firm that was
involved
in the litigation that was now before that judge. The Ontario
Court of Appeal
determined that the judge was not disqualified if the
judge had no
involvement with the person or the matter when he was a
lawyer. The Ontario
Court of Appeal also explained that the rules for
determining whether a judge
is disqualified are different from the
rules to determine whether a lawyer
has a conflict:
27 Thus, disqualification is not the natural corollary
to a
finding that a trial judge has had some involvement in a case
over
which he or she is now presiding. Where the judge had no
involvement,
as here, it cannot be said that the judge is
disqualified.
28 The point can rightly be made that had Mr.
Patterson been
asked to represent the appellant as counsel before his
appointment to
the bench, the conflict rules would likely have prevented him
from
taking the case because his firm had formerly represented one of
the
defendants in the case. Thus, it is argued how is it that as a
trial
judge Patterson J. can hear the case? This issue was considered by
the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v.
Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58,
that
there is no inflexible rule governing the disqualification of a
judge
and that, "[e]verything depends on the circumstances."
29
It seems to me that what appears at first sight to be an
inconsistency in
application of rules can be explained by the
different contexts and in
particular, the strong presumption of
judicial impartiality that applies in
the context of disqualification
of a judge. There is no such presumption in
cases of allegations of
conflict of interest against a lawyer because of a
firm's previous
involvement in the case. To the contrary, as explained by
Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249
(S.C.C.),
for sound policy reasons there is a presumption of a
disqualifying
interest that can rarely be overcome. In particular, a
conclusory
statement from the lawyer that he or she had no
confidential
information about the case will never be sufficient. The case is
the
opposite where the allegation of bias is made against a trial
judge.
His or her statement that he or she knew nothing about the case
and
had no involvement in it will ordinarily be accepted at face
value
unless there is good reason to doubt it: see Locabail, at para.
19.
30 That brings me then to consider the particular
circumstances
of this case and whether there are serious grounds to find
a
disqualifying conflict of interest in this case. In my view, there
are
two significant factors that justify the trial judge's decision not
to
recuse himself. The first is his statement, which all parties
accept,
that he knew nothing of the case when it was in his former firm
and
that he had nothing to do with it. The second is the long passage
of
time. As was said in Wewaykum, at para. 85:
To us, one
significant factor stands out, and must inform
the perspective of the
reasonable person assessing the impact of this
involvement on Binnie J.'s
impartiality in the appeals. That factor is
the passage of time. Most
arguments for disqualification rest on
circumstances that are either
contemporaneous to the decision-making,
or that occurred within a short time
prior to the decision-making.
31 There are other factors that inform
the issue. The Wilson
Walker firm no longer acted for any of the parties by
the time of
trial. More importantly, at the time of the motion, Patterson J.
had
been a judge for six years and thus had not had a relationship
with
his former firm for a considerable period of time.
32
In my view, a reasonable person, viewing the matter
realistically would
conclude that the trial judge could deal fairly
and impartially with this
case. I take this view principally because
of the long passage of time and
the trial judge's lack of involvement
in or knowledge of the case when the
Wilson Walker firm had carriage.
In these circumstances it cannot be
reasonably contended that the
trial judge could not remain impartial in the
case. The mere fact that
his name appears on the letterhead of some
correspondence from over a
decade ago would not lead a reasonable person to
believe that he would
either consciously or unconsciously favour his former
firm's former
client. It is simply not realistic to think that a judge would
throw
off his mantle of impartiality, ignore his oath of office and favour
a
client - about whom he knew nothing - of a firm that he left six
years
earlier and that no longer acts for the client, in a case
involving
events from over a decade ago.
(emphasis added)
[19]
Justice Webb had no involvement with any matter
involving Mr. Amos while
he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos
suggest that he did. Mr. Amos made it
clear during the hearing of this matter
that the only reason for the
alleged conflict for Justice Webb was that he
was a member of
Patterson Law and Patterson Palmer. This is simply not enough
for
Justice Webb to be disqualified. Any involvement of Mr. Amos
with
Patterson Law while Justice Webb was a member of that firm would
have
had to occur over 10 years ago and even longer for the time when
he
was a member of Patterson Palmer. In addition to the lack of
any
involvement on his part with any matter or dispute that Mr. Amos
had
with Patterson Law or Patterson Palmer (which in and of itself
is
sufficient to dispose of this matter), the length of time since
Justice
Webb was a member of Patterson Law or Patterson Palmer would
also result in
the same finding – that there is no conflict in Justice
Webb hearing this
appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man.
R.
(2d) 260, the Manitoba Court of Appeal found that there was
no
reasonable apprehension of bias when a judge, who had been a member
of
the law firm that had been retained by the accused, had no
involvement
with the accused while he was a lawyer with that
firm.
[21] In Del Zotto v. Minister of National Revenue, [2000]
4
F.C. 321, 257 N.R. 96, this court did find that there would be
a
reasonable apprehension of bias where a judge, who while he was
a
lawyer, had recorded time on a matter involving the same person who
was
before that judge. However, this case can be distinguished as
Justice Webb
did not have any time recorded on any files involving Mr.
Amos while he was a
lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos
also included with his submissions a CD. He
stated in his affidavit dated
June 26, 2017 that there is a “true copy
of an American police surveillance
wiretap entitled 139” on this CD.
He has also indicated that he has “provided
a true copy of the CD
entitled 139 to many American and Canadian law
enforcement authorities
and not one of the police forces or officers of the
court are willing
to investigate it”. Since he has indicated that this is an
“American
police surveillance wiretap”, this is a matter for the American
law
enforcement authorities and cannot create, as Mr. Amos suggests,
a
conflict of interest for any judge to whom he provides a copy.
[23]
As a result, there is no conflict or reasonable
apprehension of bias
for Justice Webb and therefore, no reason for him
to recuse
himself.
[24] Mr. Amos alleged that Justice Near’s past
professional
experience with the government created a “quasi-conflict” in
deciding
the cross-appeal. Mr. Amos provided no details and Justice
Near
confirmed that he had no prior knowledge of the matters alleged in
the
Claim. Justice Near sees no reason to recuse himself.
[25]
Insofar as it is possible to glean the basis for Mr.
Amos’ allegations
against Justice Gleason, it appears that he alleges
that she is incapable of
hearing this appeal because he says he wrote
a letter to Brian Mulroney and
Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney
were partners in the law firm
Ogilvy Renault, LLP. The letter in question,
which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards”
and “Re: me suing
you and your little dogs too”. There is no indication that
the letter
was ever responded to or that a law suit was ever commenced by
Mr.
Amos against Mr. Mulroney. In the circumstances, there is no
reason
for Justice Gleason to recuse herself as the letter in question
does
not give rise to a reasonable apprehension of bias.
III.
Issue
[26] The issue on the cross-appeal is as
follows: Did the
Judge err in setting aside the Prothonotary’s Order striking
the Claim
in its entirety without leave to amend and in determining that
Mr.
Amos’ allegation that the RCMP barred him from the New
Brunswick
legislature in 2004 was capable of supporting a cause of
action?
IV. Analysis
A. Standard of
Review
[27] Following the Judge’s decision to set aside
the
Prothonotary’s Order, this Court revisited the standard of review
to
be applied to discretionary decisions of prothonotaries and
decisions
made by judges on appeals of prothonotaries’ decisions in
Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA
215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel
of
this Court replaced the Aqua-Gem standard of review with
that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R.
235
[Housen]. As a result, it is no longer appropriate for the
Federal
Court to conduct a de novo review of a discretionary order made by
a
prothonotary in regard to questions vital to the final issue of
the
case. Rather, a Federal Court judge can only intervene on appeal
if
the prothonotary made an error of law or a palpable and
overriding
error in determining a question of fact or question of mixed fact
and
law (Hospira at para. 79). Further, this Court can only interfere
with
a Federal Court judge’s review of a prothonotary’s discretionary
order
if the judge made an error of law or palpable and overriding error
in
determining a question of fact or question of mixed fact and
law
(Hospira at paras. 82-83).
[28] In the case at bar, the
Judge substituted his own
assessment of Mr. Amos’ Claim for that of the
Prothonotary. This Court
must look to the Prothonotary’s Order to determine
whether the Judge
erred in law or made a palpable and overriding error in
choosing to
interfere.
B. Did the Judge err in
interfering with the
Prothonotary’s Order?
[29] The
Prothontoary’s Order accepted the following
paragraphs from the Crown’s
submissions as the basis for striking the
Claim in its entirety without leave
to amend:
17. Within the 96 paragraph Statement of Claim, the
Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but
four
of those paragraphs are dedicated to an incident that occurred in
2006
in and around the legislature in New Brunswick. The jurisdiction
of
the Federal Court does not extend to Her Majesty the Queen in right
of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or
provincial actors as parties to this action. The incident alleged
does not
give rise to a justiciable cause of action in this Court.
(…)
21.
The few paragraphs that directly address the Defendant
provide no
details as to the individuals involved or the location of
the alleged
incidents or other details sufficient to allow the
Defendant to respond. As a
result, it is difficult or impossible to
determine the causes of action the
Plaintiff is attempting to advance.
A generous reading of the Statement of
Claim allows the Defendant to
only speculate as to the true and/or intended
cause of action. At
best, the Plaintiff’s action may possibly be summarized
as: he
suspects he is barred from the House of Commons.
[footnotes
omitted].
[30] The Judge determined that he could not
strike the Claim
on the same jurisdictional basis as the Prothonotary. The
Judge noted
that the Federal Court has jurisdiction over claims based on
the
liability of Federal Crown servants like the RCMP and that the
actors
who barred Mr. Amos from the New Brunswick legislature in
2004
included the RCMP (Federal Court Judgment at para. 23). In
considering
the viability of these allegations de novo, the Judge
identified
paragraph 14 of the Claim as containing “some precision” as
it
identifies the date of the event and a RCMP officer acting
as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment
at
para. 27).
[31] The Judge noted that the 2004 event
could support a
cause of action in the tort of misfeasance in public office
and
identified the elements of the tort as excerpted from Meigs v.
Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the
cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v
Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’
statement of claim pleads each
element of the alleged tort of misfeasance in
public office:
a) The public officer must have engaged in deliberate and
unlawful
conduct in his or her capacity as public officer;
b) The
public officer must have been aware both that his or her
conduct was unlawful
and that it was likely to harm the plaintiff; and
c) There must be an
element of bad faith or dishonesty by the public
officer and knowledge of
harm alone is insufficient to conclude that a
public officer acted in bad
faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal
Court Judgment at para. 28).
[32] The Judge determined that Mr.
Amos disclosed sufficient
material facts to meet the elements of the tort of
misfeasance in
public office because the actors, who barred him from the
New
Brunswick legislature in 2004, including the RCMP, did so
for
“political reasons” (Federal Court Judgment at para. 29).
[33]
This Court’s discussion of the sufficiency of pleadings
in Merchant
Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is
particularly apt:
…When pleading bad faith or abuse of power, it is not
enough to
assert, baldly, conclusory phrases such as “deliberately
or
negligently,” “callous disregard,” or “by fraud and theft did
steal”.
“The bare assertion of a conclusion upon which the court is
called
upon to pronounce is not an allegation of material fact”. Making
bald,
conclusory allegations without any evidentiary foundation is an
abuse
of process…
To this, I would add that the tort of misfeasance in
public office
requires a particular state of mind of a public officer in
carrying
out the impunged action, i.e., deliberate conduct which the
public
officer knows to be inconsistent with the obligations of his or
her
office. For this tort, particularization of the allegations
is
mandatory. Rule 181 specifically requires particularization
of
allegations of “breach of trust,” “wilful default,” “state of mind of
a
person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations
omitted).
[34] Applying the Housen standard of review to
the
Prothonotary’s Order, we are of the view that the Judge
interfered
absent a legal or palpable and overriding error.
[35]
The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable
claim and was fundamentally vexatious on the
basis of jurisdictional concerns
and the absence of material facts to
ground a cause of action. Paragraph 14
of the Claim, which addresses
the 2004 event, pleads no material facts as to
how the RCMP officer
engaged in deliberate and unlawful conduct, knew that
his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in
bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred
from
the New Brunswick legislature for political and/or malicious
reasons,
these allegations are not particularized and are directed
against
non-federal actors, such as the Sergeant-at-Arms of the
Legislative
Assembly of New Brunswick and the Fredericton Police Force. As
such,
the Judge erred in determining that Mr. Amos’ allegation that the
RCMP
barred him from the New Brunswick legislature in 2004 was capable
of
supporting a cause of action.
[36] In our view, the Claim
is made up entirely of bare
allegations, devoid of any detail, such that it
discloses no
reasonable cause of action within the jurisdiction of the
Federal
Courts. Therefore, the Judge erred in interfering to set aside
the
Prothonotary’s Order striking the claim in its entirety. Further,
we
find that the Prothonotary made no error in denying leave to amend.
The
deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment
could not cure them (see Collins at para. 26).
V.
Conclusion
[37] For the foregoing reasons, we would allow the
Crown’s
cross-appeal, with costs, setting aside the Federal Court
Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order,
dated
November 12, 2015, which struck Mr. Amos’ Claim in its
entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G.
Near"
J.A.
"Mary J.L. Gleason"
J.A.
I'm Dr Ogudugu, a real and genuine spell caster/Spiritual healer with years of experience in spell casting and an expert in all spells, i specialize exclusively in LOVE SPELL/GET REUNITE WITH EX LOVER, MONEY SPELL, POWERFUL MAGIC RING, ANY COURT CASES, FRUIT OF THE WOMB, HIV CURE, CURE FOR CANCER, HERPES, DIABETE, HERPERTITIS B, PARKINSON’S HERBAL CURE, BECOMING A MERMAID, BECOMING A VAMPIRE, SAVE CHILD BIRTH. They are all %100 Guaranteed QUICK Results, it most work. If you have any problem and you need a real and genuine spell caster to solve your problems, contact me now through my personal Email Address with problem case...Note-you can also Text/Call on WhatsApp.
Contact me - Email: greatogudugu@gmail.com WhatsApp No: +27663492930
I'm Dr Ogudugu, a real and genuine spell caster/Spiritual healer with years of experience in spell casting and an expert in all spells, i specialize exclusively in LOVE SPELL/GET REUNITE WITH EX LOVER, MONEY SPELL, POWERFUL MAGIC RING, ANY COURT CASES, FRUIT OF THE WOMB, HIV CURE, CURE FOR CANCER, HERPES, DIABETE, HERPERTITIS B, PARKINSON’S HERBAL CURE, BECOMING A MERMAID, BECOMING A VAMPIRE, SAVE CHILD BIRTH. They are all %100 Guaranteed QUICK Results, it most work. If you have any problem and you need a real and genuine spell caster to solve your problems, contact me now through my personal Email Address with problem case...Note-you can also Text/Call on WhatsApp.
ReplyDeleteContact me -
Email: greatogudugu@gmail.com
WhatsApp No: +27663492930