David Raymond Amos @DavidRayAmos
https://www.cbc.ca/news/canada/new-brunswick/fred-ferguson-recusal-application-1.5703656
Unsealed documents shed light on days before judge stepped down from Matthew Raymond case
Fred Ferguson was in 'untenable' position after meeting with junior member of defence team, defence says
· CBC News · Posted: Aug 31, 2020 7:00 AM AT
Almost 200 pages of documents were unsealed by Court of Queen's Bench Chief Justice Tracey DeWare after submissions from defence, media and third parties. (Hadeel Ibrahim/CBC)
Just before he stepped down as the judge in the Matthew Raymond case, Justice Fred Ferguson had an off-the-record meeting with a junior member of the defence team collecting evidence against him, according to court documents.
Recently unsealed documents shed light on the events that came just before Ferguson was replaced on the murder trial with no explanation.
The almost 200 pages of documents include an affidavit from former articling student Alex Pate, who said Ferguson took him aside and discussed evidence with him.
Because he stepped down, the recusal application, including these allegations, became moot and were never proven or heard in court. When reached by phone Ferguson declined to comment "at this time."
The events as they unfolded
Raymond is charged with four counts of first-degree murder in the shooting deaths of two police officers and two civilians in August 2018 in Fredericton.He's accused of killing Fredericton Police Force constables Sara Burns and Robb Costello, and civilians Donnie Robichaud and Bobbie Lee Wright.
His trial starts next month, but he has made dozens of court appearances since the shootings, most recently on Aug. 20, when a jury found him fit to stand trial. Ferguson had been the judge on that case for 17 months.
Justice Fred Ferguson stepped down as the judge on the Matthew Raymond case after a recusal motion was filed against him. (Catherine Harrop/CBC)
On July 8, the defence team filed a recusal application alleging Ferguson showed bias and "injudicious comportment" in the Raymond case — and asked that he step down because of this.
On July 17 Nathan Gorham and co-counsel Breana Vandebeek sent a letter to the court that was part of the sealed documents. In it they said after the media reported on the application, the defence received separate emails from two different people saying they had negative experiences with Ferguson last year.
"In the circumstances, we do not believe that we can disregard the information we received," the letter said. "We believe we have an ethical obligation to obtain the information."
Both of them had filed Canadian Judicial Council complaints, but at least one of them was dismissed, documents said.
The documents don't make it clear if the second complaint was dismissed or is still in dispute. The council did not respond to a request for information.
The documents also say Ferguson was recused from both of these cases once the complaints were made.
A 'hussy' allegation
According to the documents, one of the people was alleging that in open court, Ferguson called her a "hussy."In the transcript of the hearing, however, in the place where Ferguson is alleged to have said that, he is instead quoted as saying the woman was "ah."
The transcript from the Miramichi courthouse reads: "That she was ah making what people in the street would call booty calls to [redacted] while she was living with this other fella. Right?"
In a second letter from defence sent on July 19 the defence said Pate, a member of the defence team who at the time had only been a lawyer for three weeks, was sent to Miramichi court to get an audio recording of this hearing to confirm what was said.
I knew I should not be having this conversation.
- Alex Pate, lawyer.Attached to the letter was a sworn statement from Pate. In it, he said that when he arrived at the Miramichi courthouse on July 17 at around 2 p.m., Ferguson was there.
According to Pate, Ferguson approached him and spoke to him. Pate joined Ferguson at a desk in an administrative area. That's when "Justice Ferguson asked me why we were interested in the audio transcripts," Pate said.
Pate answered that he didn't know, as Gorham didn't tell him.
"[Ferguson] told me that [redacted] alleged that he called her a 'hussy' during a court appearance," Pate said in his affidavit. "When he heard about this, [Ferguson] explained, he had an assistant look through the transcripts to determine the validity of the complaint.
"His assistant found nothing … He also insisted that an investigation had taken place and he was absolved of any wrongdoing.
Pate said Ferguson said he wanted to "shed light on what took place."
Pate said at that point "I was extremely nervous."
"I knew I should not be having this conversation," he said in the affidavit.
After the 'off-the-record' meeting, defence submitted a letter to court asking the chief justice to take over the recusal application. (Hadeel Ibrahim/CBC)
Pate said that as he was paying for the CD of the recording, Ferguson told him this new evidence must be causing a delay in filing the defence's evidence in support of the recusal application.
"He said, 'OK, but you know the Crown will be upset if you don't file today, because if they receive it next week, it won't be enough time for them to respond,'" Pate said in his affidavit.
In the July 19 letter, the defence asked that the chief justice take over this case and that Ferguson be recused because he "placed himself in an untenable position."
"We were stunned by what we saw as an extremely serious contravention of judicial ethics," the letter read.
The letter said that from the defence's perspective, Ferguson had an "off-the-record encounter" with Pate "to convey a message to the defence that there is nothing to be gained from using the [redacted] proceedings, and there is plenty to be lost, since the trial might well be adjourned."
Judicial ethics
Gabriel Bourgeois, a retired constitutional lawyer with the New Brunswick attorney general’s office, says it's important the public isn't left with the impression that lawyers and judges had made 'deals.' (CBC)
There is a well-established rule that lawyers shouldn't have communication with judges about pending matters without the other side being present, and that applies equally to judges, said Gavin MacKenzie, author of Lawyers and Ethics: Professional Responsibility and Discipline.
"It would be inappropriate for a judge to attempt to influence the outcome of a pending or contemplated recusal motion," said MacKenzie.
He said the responsibility of the lawyer would be to end the discussion as soon as possible.
Gabriel Bourgeois, a retired constitutional lawyer with the New Brunswick Attorney General's Office, said that generally, judges should never discuss evidence or have meetings with individual lawyers outside open court.
"All discussions about evidence in a case has to be done in open court so that the public knows that this was not discussed in private and deals were not made."
Although Pate's claims remain unproven, Bourgeois said if they are true, they are cause for concern.
"If the judge knowingly attempted to prevent a lawyer from gathering relevant evidence in criminal proceeding before which he was presiding, my god, yes, it certainly deserves that the judge be recused."
Bourgeois said even if it's not clear the judge was trying to interfere or dissuade, a meeting and discussion of evidence alone would be grounds for "straightforward recusal."
"The judge should never be doing that, never. That is not done."
Toronto lawyer and author Gavin MacKenzie said there is a long-standing rule that judges and lawyers should not discuss evidence outside of open court. (MacKenzie Barristers)
Sealed with no warning
The recusal application was meant to be heard on July 24. Instead, on that day, Court of Queen's Bench Chief Justice Tracey DeWare appeared and said Ferguson had been replaced by Justice Larry Landry. She provided no explanation.Soon after, CBC News requested any documents related to Ferguson's recusal. On July 29, court clerk Andrea Hull said the documents had been sealed, and reasons were coming soon.
On July 30, DeWare sent out a decision, including reasons for sealing the documents and an opportunity for the media and other parties to be heard on possibly unsealing them on Aug. 14.
Nathan Gorham and co-counsel Breana Vandebeek said Justice Fred Ferguson's meeting with a junior member of their team was an 'extremely serious contravention of judicial ethics.' (Ed Hunter/CBC)
In that decision, she said Ferguson stepped down to avoid "unsatisfactory distraction which could jeopardize the trial and jury selection," for the Raymond case.
At the unsealing hearing that day, DeWare said she sealed the documents shortly after Ferguson stepped down, and did not think to write a decision until the media made further requests.
About the Author
https://www.mackenziebarristers.com/gavin-mackenzie
Bar of Ontario, 1977
B.A., Western University, 1972
LL.B., Osgoode Hall, 1975
LL.D. (Hon.), Law Society of Upper Canada, 2010
Gavin MacKenzie is recognized as a leading litigation counsel by Best Lawyers™ in Canada and the Canadian Legal Lexpert Directory, and is rated at the highest peer review rating by Martindale-Hubbell. Gavin has been named "Toronto Lawyer of the Year" in the fields of appellate law and legal malpractice, and has been honoured by induction as a Fellow of the American College of Trial Lawyers.
Gavin’s
litigation practice is focused on appeals, judicial review
applications, professional responsibility, liability and discipline, and
general civil and commercial litigation. He has appeared as counsel in
over 200 reported cases, before all levels of court including the
Supreme Court of Canada and before many tribunals.
Gavin was elected as a Bencher of the Law Society of
Upper Canada for four consecutive terms, and was elected as Treasurer,
the highest position in the Society, on three occasions between 2006 and
2008. Gavin has also served as a Director of the Advocates' Society,
the Medico-Legal Society of Toronto, and the Canadian Institute for the
Administration of Justice.
Gavin is the author of Lawyers and Ethics: Professional Responsibility and Discipline,
which has served as a leading authority on legal ethics and
professional responsibility and liability issues for practitioners and
the courts for the past 25 years (throughout which time it has
been supplemented at least annually). The 6th student edition was
published by Thomson Reuters (Carswell) in 2018. Gavin has authored many
other legal publications, and has served as an Adjunct Professor of
Legal Ethics at Osgoode Hall Law School.
Gavin is often retained as an expert witness on
professional responsibility and litigation in Canada and in the United
States and is a frequent speaker at continuing education programmes.
Since 1993, Gavin has received the highest available
peer review rating from Martindale-Hubbell for legal ability and
adherence to high ethical standards. He is repeatedly recommended as a
leading practitioner in the field of professional liability by the
Canadian Legal Lexpert Directory, and is consistently listed in Best Lawyers™ in Canada for his work
in Appellate Law, Legal Malpractice Law, Administrative and Public Law,
Alternative Dispute Resolution, Class Action Litigation, Corporate and
Commercial Litigation, and Product Liability Law. Gavin has
also been selected by American Lawyer Media and Martindale-Hubbell as a
Top Rated Lawyer in Canada, and has been recognized by the
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
In 2010, Gavin was awarded an honorary Doctor of Laws (LL.D.) degree from the Law Society of Upper Canada in recognition of his contributions to the legal profession.
In 2010, Gavin was awarded an honorary Doctor of Laws (LL.D.) degree from the Law Society of Upper Canada in recognition of his contributions to the legal profession.
Awards and Recognitions
-
Inducted as a Fellow of American College of Trial Lawyers (2000)
-
Recipient of “AV” (“Pre-eminent”) peer review rating by Martindale-Hubbell (the highest available rating for legal ability and adherence to high ethical standards) (1993-present)
-
Admitted to degree of Doctor of Laws, Honoris Causa, by Law Society of Upper Canada (2010)
-
Inducted as a Fellow, Litigation Counsel of America (2011)
-
Named Toronto "Lawyer of the Year" in Appellate Law by Best Lawyers™ in Canada (2012)
-
Listed in Best Lawyers™ in Canada for his work in Appellate Law, Legal Malpractice Law, Administrative and Public Law, Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation, and Product Liability Law (2012-present)
-
Selected by American Lawyer Media and Martindale-Hubbell as a 2013 Top Rated Lawyer in Canada (2013)
-
Named Litigation Star by Benchmark Canada (2014-present)
-
Ranked by the Canadian Legal Lexpert® Directory as a leading practitioner in the field of Professional Liability (2015-present)
Memberships
-
Past Director, Canadian Institute for the Administration of Justice
-
Past Chair, LibraryCo Inc., the library system of Ontario Law Associations
-
Past Director, Medico-Legal Society of Toronto
-
Past Director, The Advocates' Society
-
Member, Canadian Bar Association
-
Member, Osgoode Society
Community Involvement & Other Activities
-
Distance running, including 13 consecutive Boston Marathons (2002-2014)
-
Former Director and Board Chair, York Region Rose of Sharon
https://www.cbc.ca/news/canada/new-brunswick/justice-david-smith-transfer-christie-landry-1.4442920
Chief justice's defiance could prompt legal showdown, experts say
David Smith went ahead with transfer of a judge without waiting for minister's OK
· CBC News · Posted: Dec 11, 2017 6:48 PM ATChief justice's defiance could prompt legal showdown, experts say
David Smith went ahead with transfer of a judge without waiting for minister's OK
· CBC News · Posted: Dec 11, 2017 6:48 PM AT
Gabriel Bourgeois, a retired constitutional lawyer with the New Brunswick Attorney General’s Office, contends the issue should be debated in public. (CBC)
A senior judge's open defiance of a provincial law should provoke a legal showdown on whether that law threatens the independence of the courts, according to two veteran lawyers.
They say Court of Queen's Bench Chief Justice David Smith's recent transfer of a judge — without the consent of the minister of justice required by law — should bring to a head the debate over recent amendments to the Judicature Act.
The Liberals changed the law in May to give the justice minister a veto over Smith's power to transfer judges on his court.
But last week Smith transferred Justice Thomas Christie from Saint John to Fredericton, saying he had waited 30 days for Justice Minister Denis Landry's decision and could not wait any longer.
Toronto lawyer and author Gavin MacKenzie said the New Brunswick Court of Appeal should decide whether the new sections of the provincial Judicature Act are unconstitutional. (MacKenzie Barristers)
It revives a controversy over judicial independence that began almost two years ago.
"The issue hasn't gone away," said Gavin MacKenzie, a Toronto litigator and author of Lawyers and Ethics: Professional Responsibility and Discipline.
- Minister asks chief justice to clarify transfer of judge without approval
- Chief justice transfers judge without approval from province
Premier Brian Gallant's cabinet could ask for a judicial review of Smith's decision or file a complaint against him to the Canadian Judicial Council.
But said MacKenzie those options wouldn't address the underlying debate over the Judicature Act.
He said the government should instead send the new sections of the law to the New Brunswick Court of Appeal for a reference hearing on whether they're unconstitutional, as Smith has claimed.
"The issue is obviously still live so now would be the time," MacKenzie said.
'Disappointing decision'
The Justice Department wouldn't comment Monday on how it will respond to Smith's move."We will be reviewing this disappointing decision and its implications," the department said in an email statement.
Chief Justice David Smith told Justice Minister Denis Landry on Nov. 6 he planned to transfer Justice Thomas Christie to Fredericton and when he didn't hear back after 30 days, went ahead with the transfer. (Jacques Poitras/CBC)
Gabriel Bourgeois, a retired constitutional lawyer with the New Brunswick Attorney General's Office, agreed with MacKenzie that Smith's decision requires a public resolution.
"This is a public debate," he said. "It should be debated in open court, where the public will hear and understand why the chief justice made the decision he made … and the minister of justice can explain as well what his interest is."
Bourgeois said Smith has not given any reason for wanting to transfer Christie, and Landry has not given any clear reason for not consenting quickly.
Now we can start debating a little bit more what these powers are all about, how they're exercised and, most importantly, the reasons why they're exercised.
- Gabriel Bourgois, retired constitutional lawyer"It's no longer theoretical now, because there was a judge, a specific judge who was transferred," Bourgeois said.
"That is good. Now we can start debating a little bit more what these powers are all about, how they're exercised and, most importantly, the reasons why they're exercised."
Smith was vocal in criticizing the changes to the Judicature Act when they were introduced in February 2016, saying they represented a threat to judicial independence.
Before the changes were passed in May 2017, Smith had the power to transfer Court of Queen's Bench judges unilaterally.
The Liberals said that created a "revolving door" in which the federal government appointed Court of Queen's Bench judges to vacancies in smaller towns, only to see them transferred by Smith to larger cities.
Delay causes 'disruptive' difficulties
The issue resurfaced last month when Justice Thomas Christie recused himself from hearing a legal case against the province. He said he was in a conflict of interest because his rulings would affect the province at the same time the province could influence his transfer.Christie wrote in his recusal decision that when he was appointed to the Court of Queen's Bench in Saint John in 2013, Smith assured him he'd transfer him to Fredericton, where he lives, when a vacancy opened up.
Christie recused himself from hearing a case against the province after his request for a transfer was not approved. (Pro Bono Students Canada)
Smith told Landry on Nov. 6 he planned to transfer Christie, but Landry refused to consent quickly.
He told Smith he wanted to consult the federal government on whether it was planning an appointment to fill the Fredericton vacancy.
Rather than wait, Smith went ahead with the transfer Dec. 7.
"As you are aware this delay is causing difficulties which are disruptive to the functioning of the court," Smith said in a letter to Landry, without identifying the disruption.
"Given that 30 days has passed since my request, I therefore advise you that Justice Christie is advised immediately [transfer] to the Family Division in the Judicial District of Fredericton."
No time limit set
The law doesn't set a time limit by which a minister must endorse or reject a transfer.The Justice Department said in its statement Monday it didn't consent immediately to the transfer because it wanted to consult the federal government, which appoints Court of Queen's Bench judges.
The statement said while Smith considered the transfer request urgent, there was no need for a new full-time judge in Fredericton until January.
Bourgeois said it's debatable whether Christie's wish for a transfer is enough to justify Smith's decision.
"I can quickly say the judge will be happier, will be in his environment, and will function better," he said. "I can debate it on the other side and say, 'Is that how the chief justice manages his court, on personal promises? On what basis?'
"There has to be some sort of objective standard for the exercise of these powers and normally these standards would be in written form."
'Place of residence' a wrinkle
The fact that Smith sought Landry's permission on Nov. 6 "suggests he accepts the legitimacy of the legislation," while his decision to transfer Christie without consent "suggests he reserves authority to his office ultimately to make the call."
Sossin said there's a wrinkle to Christie's transfer that gives both sides "a work-around."
The law says a justice minister must consent to a chief justice changing a judge's "place of residence." But Saint John was never officially designated as Christie's "place of residence" when he was appointed in 2013.
"If he has no residence already declared, then this is not a transfer at all," Sossin said, "which begs the question of why Chief Justice Smith requested approval in the first place."
About the Author
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 12 Dec 2017 19:23:49 -0400
Subject: Attn Gavin MacKenzie Re Legal malpractice etc I just called from 902 800 0369 and left a voicemail
To: gavin@mackenziebarristers.com
Cc: "David.Raymond.Amos" <David.Raymond.Amos@gmail.com>
https://www.
Gavin MacKenzie
gavin@mackenziebarristers.com
416-304-9293
http://www.cbc.ca/news/canada/
"Toronto lawyer and author Gavin MacKenzie said the New Brunswick
Court of Appeal should decide whether the new sections of the
provincial Judicature Act are unconstitutional. (MacKenzie
Barristers)"
---------- Forwarded message ----------
From: CAS-SATJ DECISIONS
Sent: Monday, October 30, 2017 2:00 PM
To: mailto:david.raymond.amos@
Subject: PLEASE ACKNOWLEDGE RECEIPT OF THIS E-MAIL - Federal Court of
Appeal Decision, File A-48-16 // DAVID RAYMOND AMOS v. HER MAJESTY THE
QUEEN
Federal Court of Appeal
Dear Sir/Madam:
Please find attached a true copy of the Judgment – Reasons for
Judgment –Directions, rendered by the Court (Webb, Near & Gleason
JJ.A.)
Dated: October 30, 2017
If you require a certified copy of the above-noted decision, please
advise and one will be forwarded to you by regular mail.
PLEASE CONFIRM RECEIPT OF THIS E-MAIL AND ATTACHED DOCUMENT(S), BY
REPLY E-MAIL, WITHIN TWO (2) DAYS.
Anything sent to this e-mail address, other than confirmation of
receipt of a decision, will not be considered as having been received
by the Registry.
Regards,
Marie-Josée Young
Senior Registry Officer / Agent principal du greffe
Federal Court of Appeal / Cour d’appel fédérale
Court Martial Appeal Court of Canada / La cour d'appel de la cour
martiale du Canada
Courts Administration Services / Services administratifs des tribunaux
judiciaires
90 Sparks Street
Ottawa, Ontario K1A 0H9
Tel: (613) 996-6795
Fax: (613) 952-7226
http://davidraymondamos3.
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc.
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/
>
> January 11th, 2016 https://archive.org/details/
>
> April 3rd, 2017
>
> https://archive.org/details/
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Wed, Sep 23, 2015 at 10:35 AM
> Subject: RE My complaint against the CROWN in Federal Court Attn David
> Hansen and Peter MacKay If you planning to submit a motion for a
> publication ban on my complaint trust that you dudes are way past too late
> To: David.Hansen@justice.gc.ca, peter.mackay@justice.gc.ca
> peacock.kurt@telegraphjournal.
> david.akin@sunmedia.ca, robert.frater@justice.gc.ca, paul.riley@ppsc-sppc.gc.ca,
> greg@gregdelbigio.com, joyce.dewitt-vanoosten@gov.bc.
> joan.barrett@ontario.ca, jean-vincent.lacroix@gouv.qc.
> peter.rogers@mcinnescooper.com, mfeder@mccarthy.ca, mjamal@osler.com
> Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca,
> Whistleblower@ctv.ca
>
> https://scc-csc.lexum.com/scc-
>
> http://www.scc-csc.gc.ca/
>
> http://thedavidamosrant.
>
> I repeat what the Hell do I do with the Yankee wiretapes taps sell
> them on Ebay or listen to them and argue them with you dudes in
> Feferal Court?
>
> Petey Baby loses all parliamentary privelges in less than a month but
> he still supposed to be an ethical officer of the Court CORRECT?
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sat, 17 Nov 2012 14:10:14 -0400
> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
> the USDOJ for me will ya?
> To: RBauer@perkinscoie.com, sshimshak@paulweiss.com,
> cspada@lswlaw.com, msmith@svlaw.com, bginsberg@pattonboggs.com,
> gregory.craig@skadden.com, pm@pm.gc.ca, bob.paulson@rcmp-grc.gc.ca,
> bob.rae@rogers.blackberry.net, MulcaT@parl.gc.ca, leader@greenparty.ca
> Cc: alevine@cooley.com, david.raymond.amos@gmail.com,
> michael.rothfeld@wsj.com, remery@ecbalaw.com
>
> QSLS Politics
> By Location Visit Detail
> Visit 29,419
> Domain Name usdoj.gov ? (U.S. Government)
> IP Address 149.101.1.# (US Dept of Justice)
> ISP US Dept of Justice
> Location Continent : North America
> Country : United States (Facts)
> State : District of Columbia
> City : Washington
> Lat/Long : 38.9097, -77.0231 (Map)
> Language English (U.S.) en-us
> Operating System Microsoft WinXP
> Browser Internet Explorer 8.0
> Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
> CLR 2.0.50727; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; InfoPath.2;
> DI60SP1001)
> Javascript version 1.3
> Monitor Resolution : 1024 x 768
> Color Depth : 32 bits
> Time of Visit Nov 17 2012 6:33:08 pm
> Last Page View Nov 17 2012 6:33:08 pm
> Visit Length 0 seconds
> Page Views 1
> Referring URL http://www.google.co...wwWJrm94lCEqRmovPXJg
> Search Engine google.com
> Search Words david amos bernie madoff
> Visit Entry Page http://qslspolitics....-wendy-olsen-on.html
> Visit Exit Page http://qslspolitics....-wendy-olsen-on.html
> Out Click
> Time Zone UTC-5:00
> Visitor's Time Nov 17 2012 12:33:08 pm
> Visit Number 29,419
>
> http://qslspolitics.blogspot.
>
>
> Could ya tell I am investigating your pension plan bigtime? Its
> because no member of the RCMP I have ever encountered has earned it yet
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 19 Nov 2012 11:36:04 -0400
> Subject: This is a brief as I can make my concerns Randy
> To: randyedmunds@gov.nl.ca
> Cc: david.raymond.amos@gmail.com
>
> In a nutshell my concerns about the actions of the Investment Industry
> affect the interests of every person in every district of every
> country not just the USA and Canada. I was offering to help you with
> Emera because my work with them and Danny Williams is well known and
> some of it is over eight years old and in the PUBLIC Record.
>
> All you have to do is stand in the Legislature and ask the MInister of
> Justice why I have been invited to sue Newfoundland by the
> Conservatives
>
>
> Obviously I am the guy the USDOJ and the SEC would not name who is the
> link to Madoff and Putnam Investments
>
> Here is why
>
> http://banking.senate.gov/
>
> Notice the transcripts and webcasts of the hearing of the US Senate
> Banking Commitee are still missing? Mr Emory should at least notice
> Eliot Spitzer and the Dates around November 20th, 2003 in the
> following file
>
> http://www.checktheevidence.
>
> http://occupywallst.org/users/
>
>
> ---------- Forwarded message ----------
> From: "Hansen, David" David.Hansen@justice.gc.ca
> Date: Thu, 1 Aug 2013 19:28:44 +0000
> Subject: RE: I just called again Mr Hansen
> To: David Amos motomaniac333@gmail.com
>
> Hello Mr. Amos,
>
> I manage the Justice Canada civil litigation section in the Atlantic
> region. We are only responsible for litigating existing civil
> litigation files in which the Attorney General of Canada is a named
> defendant or plaintiff. If you are a plaintiff or defendant in an
> existing civil litigation matter in the Atlantic region in which
> Attorney General of Canada is a named defendant or plaintiff please
> provide the court file number, the names of the parties in the action
> and your question. I am not the appropriate contact for other
> matters.
>
> Thanks
>
> David A. Hansen
> Regional Director | Directeur régional
> General Counsel |Avocat général
> Civil Litigation and Advisory | Contentieux des affaires civiles et
> services de consultation
> Department of Justice | Ministère de la Justice
> Suite 1400 – Duke Tower | Pièce 1400 – Tour Duke
> 5251 Duke Street | 5251 rue Duke
> Halifax, Nova Scotia | Halifax, Nouvelle- Écosse
> B3J 1P3
> david.hansen@justice.gc.ca
> Telephone | Téléphone (902) 426-3261 / Facsimile | Télécopieur (902)
> 426-2329
> This e-mail is confidential and may be protected by solicitor-client
> privilege. Unauthorized distribution or disclosure is prohibited. If
> you have received this e-mail in error, please notify us and delete
> this entire e-mail.
> Before printing think about the Environment
> Thinking Green, please do not print this e-mail unless necessary.
> Pensez vert, svp imprimez que si nécessaire.
>
>
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Sat, 15 Jun 2013 02:23:24 -0300
>> Subject: ATTN FBI Special Agent Richard Deslauriers Have you talked to
>> your buddies Fred Wyshak and Brian Kelly about the wiretap tapes YET?
>> To: boston@ic.fbi.gov, washington.field@ic.fbi.gov,
>> bob.paulson@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca,
>> Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov,
>> jcarney@carneybassil.com, bbachrach@bachrachlaw.net
>> Cc: david.raymond.amos@gmail.com, birgittaj@althingi.is,
>> shmurphy@globe.com, redicecreations@gmail.com
>>
>> FBI Boston
>> One Center Plaza
>> Suite 600
>> Boston, MA 02108
>> Phone: (617) 742-5533
>> Fax: (617) 223-6327
>> E-mail: Boston@ic.fbi.gov
>>
>> Hours
>> Although we operate 24 hours a day, seven days a week, our normal
>> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
>> through Friday. If you need to speak with a FBI representative at any
>> time other than during normal business hours, please telephone our
>> office at (617) 742-5533.
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Mon, 10 Jun 2013 01:20:20 -0300
>> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
>> finally underway now correct? What the hell do I do with the wiretap
>> tapes Sell them on Ebay?
>> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
>> Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com,
>> bbachrach@bachrachlaw.net, wolfheartlodge@live.com, shmurphy@globe.com, >> jonathan.albano@bingham.com, mvalencia@globe.com
>> Cc: david.raymond.amos@gmail.com, oldmaison@yahoo.com,
>> PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>>
>> http://www.bostonglobe.com/
>>
>> http://www.cbc.ca/news/world/
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must ask
>> them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> http://davidamos.blogspot.ca/
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>> ----- Original Message -----
>> From: "David Amos" david.raymond.amos@gmail.com
>> To: "Rob Talach" rtalach@ledroitbeckett.com
>> Sent: Tuesday, June 12, 2012 10:59 PM
>> Subject: Re: Attn Robert Talach and I should talk ASAP about my suing
>> the Catholic Church Trust that Bastarache knows why
>>
>> The date stamp on about page 134 of this old file of mine should mean
>> a lot to you
>>
>> http://www.checktheevidence.
>>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Wed, 21 Nov 2012 15:37:08 -0400
>> Subject: To Hell with the KILLER COP Gilles Moreau What say you NOW
>> Bernadine Chapman??
>> To: Gilles.Moreau@rcmp-grc.gc.ca, phil.giles@statcan.ca,
>> maritme_malaise@yahoo.ca, Jennifer.Nixon@ps-sp.gc.ca,
>> bartman.heidi@psic-ispc.gc.ca, Yves.J.Marineau@rcmp-grc.gc.ca,
>> david.paradiso@erc-cee.gc.ca, desaulniea@smtp.gc.ca,
>> denise.brennan@tbs-sct.gc.ca, anne.murtha@vac-acc.gc.ca,
>> webo@xplornet.com, julie.dickson@osfi-bsif.gc.ca,
>> rod.giles@osfi-bsif.gc.ca, flaherty.j@parl.gc.ca, toewsv1@parl.gc.ca,
>> Nycole.Turmel@parl.gc.ca,Cleme
>> david@fairwhistleblower.ca
>> Cc: j.kroes@interpol.int, david.raymond.amos@gmail.com,
>> bernadine.chapman@rcmp-grc.gc.
>> Juanita.Peddle@rcmp-grc.gc.ca, oldmaison@yahoo.com,
>> Wayne.Lang@rcmp-grc.gc.ca, Robert.Trevors@gnb.ca,
>> ian.fahie@rcmp-grc.gc.ca>
>>
>> http://www.rcmp-grc.gc.ca/nb/
>>
>> http://nb.rcmpvet.ca/
>>
>> From: Gilles Moreau Gilles.Moreau@rcmp-grc.gc.ca
>> Date: Wed, 21 Nov 2012 08:03:22 -0500
>> Subject: Re: Lets ee if the really nasty Newfy Lawyer Danny Boy
>> Millions will explain this email to you or your boss Vic Toews EH
>> Constable Peddle???
>> To: David Amos motomaniac333@gmail.com
>>
>> Please cease and desist from using my name in your emails.
>>
>> Gilles Moreau, Chief Superintendent, CHRP and ACC
>> Director General
>> HR Transformation
>> 73 Leikin Drive, M5-2-502
>> Ottawa, Ontario K1A 0R2
>>
>> Tel 613-843-6039
>> Cel 613-818-6947
>>
>> Gilles Moreau, surintendant principal, CRHA et ACC
>> Directeur général de la Transformation des ressources humaines
>> 73 Leikin, pièce M5-2-502
>> Ottawa, ON K1A 0R2
>>
>> tél 613-843-6039
>> cel 613-818-6947
>> gilles.moreau@rcmp-grc.gc.ca
>>
Pursuant to section 20 of the Official Languages Act all final
decisions, orders and judgments, including any reasons given
therefore, issued by the Court are issued in both official languages.
In the event that such documents are issued in the first instance in
only one of the official languages, a copy of the version in the other
official language will be forwarded on request when it is available.
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