https://twitter.com/DavidRaymondAm1/with_replies
I repeat methinks if Andrea Anderson-Mason, Jeff Carr, Jake Stewart, Sherry Wilson and Ross Wetmore followed the French comedian Bobby Gauvin's lead & sat as Independents they would rule Higgy's circus N'esy Pas?
http://davidraymondamos3.blogspot.com/2020/09/several-high-profile-ministers-dropped.html
https://www.cbc.ca/news/canada/new-brunswick/former-higgs-cabinet-tough-questions-1.5917417
Former Higgs cabinet ministers level tough questions at government
Three former cabinet ministers take aggressive approach at public accounts committee
Public accounts committee meetings have included tough questions for government from three former Higgs cabinet ministers. (Karissa Donkin/CBC)
They're not exactly rebels, but a trio of backbench Progressive Conservative MLAs have been flexing their independence at the legislature's Public Accounts committee and turning its livestream into must-see political TV.
Last week the three Tories, all former ministers dumped from the PC cabinet last fall, put the spotlight on school construction decisions, slow ambulance response times and unspent climate funds.
All three exchanges were compelling, and all three topics are potentially uncomfortable or awkward for the PC government.
"The goal is not to be quiet and go and hide when you're in government," says one of the MLAs, Jake Stewart, who represents Southwest Miramichi-Bay du Vin. "The goal is to work on behalf of constituents."
Stewart asked Auditor General Kim Adair-MacPherson about her recent conclusion that the Ambulance New Brunswick contract favours urban areas because missed response targets in rural areas get less weight in the calculations.
Stewart's hometown of Blackville was one of the affected communities and he said during the meeting he wants the contract changed.
"That issue is extremely important where I live," Stewart told CBC News. "I don't think it would be possible for me to be there on that committee and not ask those questions."
New Maryland-Sunbury MLA Jeff Carr kicked off the pot-stirring last week when he endorsed Adair-MacPherson's finding that the construction of a new school in the riding of Education Minister Dominic Cardy was not based on evidence.
"I think we have to pay attention to what you offer us and try to make the changes for everybody involved," Carr told her.
He added that an upgrade to Oromocto High School, which serves his riding, was "pushed way over to the side" when the Hanwell school was able to "jump the queue."
Stewart followed up later the same day with his comments on Ambulance New Brunswick.
Andrea Anderson-Mason and Jeff Carr were also shuffled out of cabinet last fall. This photo was taken on the day the cabinet changes were announced. (Jacques Poitras/CBC)
"Ambulance coverage is human life. It's life and death," he told Adair-MacPherson.
"The need for a new contract is evident, because we can't allow rural areas of the province to suffer. … That's not acceptable to any taxpayer or any citizen of New Brunswick."
The next day, Fundy-The Isles-Saint John West MLA Andrea Anderson-Mason used courtroom-style cross-examination questioning to reveal that almost $4 million in carbon tax revenue wasn't spent on climate change projects as required in 2018-19.
"There's always a risk in terms of not spending the full budget," deputy environment minister Cade Libby acknowledged after a series of rapid-fire questions from the former attorney general.
The three episodes caught the attention of the opposition Liberals.
"Normally that doesn't happen," said Victoria-La Vallée MLA Chuck Chiasson, a veteran of the public accounts committee."Quite honestly, it took me off guard.
"I actually texted one of the other [Liberal] people on the committee … and I said 'Are you giving them these questions?' I thought, 'Gee, those are the questions we need to be asking."
Carr and Anderson-Mason did not respond to interview requests.
Stewart's approach 'nothing new'
Stewart says he wasn't looking for an "aha moment" and his approach was nothing new.
"I think I've always been fairly independent," he says. "I've been accused of it, or guilty of it, for a number of years."
He said backbench MLAs like him can "scream at the top of your lungs," or they can use the committee system to work "in a professional and precise way" raising issues important to their constituencies.
"Public accounts does provide a significant forum to drill down on the issues that really matter," he says.
All three MLAs were cabinet ministers in Premier Blaine Higgs's minority government. But when the PCs won a majority last September, Higgs shuffled them out in favour of newcomers.
Stewart was Aboriginal affairs minister before the shuffle and supported calls for an inquiry into systemic racism, putting him at odds with Higgs.
After her demotion, Anderson-Mason complained about the slow pace of government action on broadband internet in her riding, which Higgs labelled "sour grapes."
Jamie Gillies, political scientist at St. Thomas University, says MLAs outside cabinet are a little freer to work for their constituents. (CBC)
Chiasson said last week's questions may reflect "a little bit of frustration, a little bit of division" within the PC caucus, but political scientist Jamie Gillies of St. Thomas University says not to read too much into it.
"I don't think I would describe it as even dissent in the caucus or a revolt, but I think what we're seeing is maybe a little bit of an evolution since the election," he says.
"They're feeling a little more comfortable to say, 'You know, we're not down a couple of seats here. We've got a majority and I don't like how this is being treated within caucus,' or 'I agree with the auditor general on this.'"
The Health Department says it continues to discuss a new ambulance contract with Medavie Health Services New Brunswick, which operates the service.
PAC is supposed to be non-political or non-partisan, but I've never seen it function that way, so yeah, they can bring on more.- Chuck Chiasson, Liberal MLA
"These discussions are ongoing and no decisions have been made," said spokesperson Bruce Macfarlane.
Education officials also appeared at the committee last week and explained the school ranking formula needed changes to account for rapid population growth in Fredericton and Moncton. That led to the approval of the Hanwell school, they said.
Libby told Anderson-Mason that while the provincial carbon tax deposited $37.4 million in the climate fund in 2018-19 for projects, the government only spent $33.7 million of it.
It was the first public acknowledgement that $3.7 million wasn't spent the way it was supposed to be spent. Libby said the department hoped the money would be rolled over to be used in 2019-20, but it turned out that would violate federal climate plan requirements.
"The government has committed to spending this particular budget on climate change initiatives," he said.
Non-partisan intent
Gillies says PC MLAs acting more independently "could become a problem if it gets a little bit out of control," but it's normal members no longer in cabinet will become more vocal advocates for their ridings.
School upgrades and construction are "a good thing to raise if you're looking to get re-elected and you want to voice the concerns of your constituents," he says.
With a minority government, "there's always the pressing issue of whether we can keep the government going," but now that the PCs have a majority, "they can be a little more aggressive in advocating for things."
Chiasson says he hopes for more tough questioning from the three PC MLAs.
"It's always good to see. PAC is supposed to be non-political or non-partisan, but I've never seen it function that way, so yeah, they can bring on more."
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David Amos
Deja Vu Anyone??? Several high-profile ministers dropped as Blaine Higgs unveils new cabinet
Premier appoints 6 women to 16-member cabinet in Tuesday's swearing-in ceremony
Jacques Poitras · CBC News · Posted: Sep 29, 2020 2:40 PM AT
What does Wilson and Wetmore have to say lately? Methinks Higgy et al cannot deny the fact that I predicted the 5 disenchanted former cabinet ministers would become a force all their own N'esy Pas?
Billy Buckner
Reply to @David Amos:
Wilson is currently a Minister, anything else to add David, Tony, or
whatever name you are going by today?
Donald LeBlanc
Reply to @Billy Buckner: He is speaking of Sherry Wilson. Mary Wilson is in her Ministry position now.
Billy Buckner
Reply to @Donald
LeBlanc: one never knows with Tony/David, he could be referring to one
of the Beach Boys. It is always easily dismissible garbage know matter
how one slices it.
David Amos
Reply to @Billy Buckner: Methinks everybody including you knows I ain't Tony Baby N'esy Pas?
David Amos
Reply to @Donald LeBlanc: BINGO
---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 28 Jan 2021 01:25:32 +0000
Subject: Automatic reply: YO Higgy I wonder if your lawyer buddy Mr
Letson or anyone else recalls this email
To: David Amos <david.raymond.amos333@gmail.
Thank you for taking the time to write to us.
Due to the high volume of emails that we receive daily, please note
that there may be a delay in our response. Thank you for your
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If you are looking for current information on Coronavirus, please
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Thank you.
Bonjour,
Nous vous remercions d’avoir pris le temps de nous écrire.
Tenant compte du volume élevé de courriels que nous recevons
quotidiennement, il se peut qu’il y ait un délai dans notre réponse.
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---------- Oiginal message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 21:21:37 -0400
Subject: YO Higgy I wonder if your lawyer buddy Mr Letson or anyone
else recalls this email
To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Roger.L.Melanson"
<roger.l.melanson@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, peter.loewen@utoronto.ca,
jeveritt@unb.ca, "jp.lewis" <jp.lewis@unb.ca>, ddesserud
<ddesserud@upei.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
<len.hoyt@mcinnescooper.com>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>,
mletson@lawsoncreamer.com, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"robert.gauvin" <robert.gauvin@gnb.ca>, "Ross.Wetmore"
<Ross.Wetmore@gnb.ca>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 28 Jun 2019 14:48:37 -0400
Subject: Re: Yo Gerry Lowe so much for political experts EH?
To: peter.loewen@utoronto.ca, "gerry.lowe" <gerry.lowe@gnb.ca>,
mletson@lawsoncreamer.com, jeveritt@unb.ca, "jp.lewis"
<jp.lewis@unb.ca>, ddesserud <ddesserud@upei.ca>, "Kim.Poffenroth"
<Kim.Poffenroth@gnb.ca>, "Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
Cc: David Amos <david.raymond.amos333@gmail.
<Connell.Smith@cbc.ca>
'Astonishingly low' chance of PC win if rejected ballots distributed
fairly, court told
U of T professor Peter Loewen proposes statistical formulas for
distributing rejected ballots
Connell Smith · CBC News · Posted: Jun 27, 2019 6:00 AM AT
On 6/28/19, David Amos <motomaniac333@gmail.com> wrote:
>>
>> ---------- Forwarded message ----------
>> From: Sean.Fraser@parl.gc.ca
>> Date: Tue, 5 Mar 2019 16:58:02 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting the office of Sean Fraser, Member of
>> Parliament for Central Nova.
>>
>> This is to assure you that your email has arrived, and that we
>> appreciate hearing from you.
>>
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>> Thank you and have a great day!
>>
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>> 2A-115 MacLean Street B2H 4M5
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>> Toll free: 1-844-641-5886
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>>
>>
>> ---------- Forwarded message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Tue, 5 Mar 2019 16:59:16 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Thank you for contacting The Globe and Mail.
>>
>> If your matter pertains to newspaper delivery or you require technical
>> support, please contact our Customer Service department at
>> 1-800-387-5400 or send an email to customerservice@globeandmail.
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>>
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>> press releases.
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>>
>>
>> ---------- Original message ----------
>> From: "Hon.Ralph.Goodale (PS/SP)" <Hon.ralph.goodale@canada.ca>
>> Date: Tue, 12 Feb 2019 17:50:29 +0000
>> Subject: Automatic reply: The Honourable Thomas Albert Cromwell can
>> never deny that I tried to inform him of what the RCMP, the CBC and
>> his latest client Jody Wilson-Raybould knows Correct Me Butts?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Merci d'avoir ?crit ? l'honorable Ralph Goodale, ministre de la
>> S?curit? publique et de la Protection civile.
>> En raison d'une augmentation importante du volume de la correspondance
>> adress?e au ministre, veuillez prendre note qu'il pourrait y avoir un
>> retard dans le traitement de votre courriel. Soyez assur? que votre
>> message sera examin? avec attention.
>> Merci!
>> L'Unit? de la correspondance minist?rielle
>> S?curit? publique Canada
>> *********
>>
>> Thank you for writing to the Honourable Ralph Goodale, Minister of
>> Public Safety and Emergency Preparedness.
>> Due to the significant increase in the volume of correspondence
>> addressed to the Minister, please note there could be a delay in
>> processing your email. Rest assured that your message will be
>> carefully reviewed.
>> Thank you!
>> Ministerial Correspondence Unit
>> Public Safety Canada
>>
>>
>>
>> ---------- Original message ----------
>> From: charlie.angus@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +0000
>> Subject: Autoreply
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting my parliamentary office. This automated
>> response is to assure you that your message has been received and will
>> be reviewed as soon as possible, noting that constituents of Timmins -
>> James Bay will be given priority. Due to the high volume of
>> correspondence received, I am not able to respond personally to every
>> inquiry. In most cases, anonymous, cc'd, and forwarded items will not
>> receive a response.
>>
>> If you have submitted a request for assistance please insure you have
>> included your full name, your mailing address and daytime telephone
>> number. To reach my community offices directly, please contact:
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>> Thank you kindly,
>>
>> Charlie Angus
>>
>> Member of Parliament for Timmins - James Bay
>>
>> Je vous remercie d'avoir communiqué avec mon bureau parlementaire. La
>> présente réponse automatique vous est envoyée pour vous informer que
>> votre message a été reçu et qu'il sera examiné le plus rapidement
>> possible, la priorité étant accordée aux électeurs de Timmins - Baie
>> James. En raison du volume élevé de correspondance reçue, je ne peux
>> répondre personnellement à chaque demande. Dans la plupart des cas,
>> les lettres anonymes, copies conformes et pièces transmises resteront
>> sans réponse.
>>
>> Si vous présentez une demande d'aide, n'oubliez pas d'indiquer votre
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>> (jour). Pour joindre directement mes bureaux locaux, veuillez
>> composer :
>>
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>>
>> Cordiales salutations,
>>
>> Charlie Angus
>>
>> Député de Timmins - Baie James
>>
>>
>>
>> ---------- Original message ----------
>> From: Elizabeth.May@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +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<
>> 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
>>>.
>>
>> 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<
>> 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
>>
>> 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
>>
>>
>>
>>
>> ---------- Original message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 12 Feb 2019 13:50:13 -0400
>> Subject: The Honourable Thomas Albert Cromwell can never deny that I
>> tried to inform him of what the RCMP, the CBC and his latest client
>> Jody Wilson-Raybould knows Correct Me Butts?
>> To: TCromwell@blg.com, catharine.tunney@cbc.ca,
>> Jody.Wilson-Raybould@parl.gc.
>> Gerald.Butts@pmo-cpm.gc.ca, andrew.scheer@parl.gc.ca,
>> JagmeetForBurnaby@ndp.ca, maxime.bernier@parl.gc.ca,
>> charlie.angus@parl.gc.ca, elizabeth.may@parl.gc.ca,
>> Hunter.Tootoo@parl.gc.ca, tony.clement.a1@parl.gc.ca,
>> hon.ralph.goodale@canada.ca, Hon.Dominic.LeBlanc@canada.ca,
>> Larry.Tremblay@rcmp-grc.gc.ca, Gilles.Blinn@rcmp-grc.gc.ca,
>> Mark.Blakely@rcmp-grc.gc.ca, martin.gaudet@fredericton.ca
>> Cc: david.raymond.amos@gmail.com, darrow.macintyre@cbc.ca,
>> jp.lewis@unb.ca, Jacques.Poitras@cbc.ca, David.Akin@globalnews.ca,
>> steve.murphy@ctv.ca, Newsroom@globeandmail.com, news@kingscorecord.com
>>
>>
>> ---------- Original message ----------
>> From: Jody.Wilson-Raybould@parl.gc.
>> Date: Wed, 23 Jan 2019 10:07:59 +0000
>> Subject: Automatic reply: RE:: DAVID RAYMOND AMOS v. HMQ - COURT FILE
>> NO.: A-48-16 , Attn Lorri Warner have you and your bosses talked the
>> RCMP and the FBI YET???
>> To: motomaniac333@gmail.com
>>
>> Thank you for writing to the Honourable Jody Wilson-Raybould, Member
>> of Parliament for Vancouver Granville.
>>
>> This message is to acknowledge that we are in receipt of your email.
>> Due to the significant increase in the volume of correspondence, there
>> may be a delay in processing your email. Rest assured that your
>> message will be carefully reviewed.
>>
>> To help us address your concerns more quickly, please include within
>> the body of your email your full name, address, and postal code.
>>
>>
>>
>> Thank you
>>
>> -------------------
>>
>> Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de
>> Vancouver Granville.
>>
>> Le pr?sent message vise ? vous informer que nous avons re?u votre
>> courriel. En raison d'une augmentation importante du volume de
>> correspondance, il pourrait y avoir un retard dans le traitement de
>> votre courriel. Sachez que votre message sera examin? attentivement.
>>
>> Pour nous aider ? r?pondre ? vos pr?occupations plus rapidement,
>> veuillez inclure dans le corps de votre courriel votre nom complet,
>> votre adresse et votre code postal.
>>
>>
>>
>> Merci
>>
>>
>> The Honourable Thomas Albert Cromwell C.C.
>> Senior Counsel
>>
>> Phone: 604.632.3460
>> Fax: 604.662.5327
>> TCromwell@blg.com
>>
>> https://www.cbc.ca/news/
>>
>> Jody Wilson-Raybould resigns from cabinet after SNC-Lavalin allegations
>>
>> Catharine Tunney · CBC News · Posted: Feb 12, 2019 11:39 AM ET
>>
>> "Wilson-Raybould, who plans to stay on as MP for Vancouver-Granville,
>> has been quiet since the Globe and Mail story broke, saying she can't
>> comment because she's bound by solicitor-client privilege.
>>
>> In her resignation letter, she said she has retained the services of
>> lawyer Thomas Cromwell, a former justice of the Supreme Court of
>> Canada, to advise her on "topics that I am legally permitted to
>> discuss on this matter."
>>
>> In an email to CBC News, Cromwell said he would not be making any
>> statements or doing any interviews."
>>
>>
>> https://davidraymondamos3.
>>
>>
>> Tuesday, 26 February 2019
>>
>> NDP Leader Jagmeet Singh claims victory in Burnaby South byelection
>>
>>
>>
>> David Amos
>> Methinks it should be fairly obvious as to why the lawyer Melanie Joly
>> who is our current Minister of Tourism, Official Languages and La
>> Francophonie is smiling N'esy Pas?
>>
>> https://rbendayan.liberal.ca/
>>
>> "Rachel built a successful legal practice at Norton Rose Fulbright in
>> the field of litigation and international arbitration while also
>> teaching at the Faculty of Law of the Université de Montréal. She then
>> served as Chief of Staff to the federal Minister of Small Business and
>> Tourism, where she played a key role in developing the Liberal
>> government’s women’s entrepreneurship strategy"
>>
>> ---------- Original message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Sun, 10 Feb 2019 17:21:06 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> To: David Amos <david.raymond.amos333@gmail.
>>
>> Thank you for contacting The Globe and Mail.
>>
>> If your matter pertains to newspaper delivery or you require technical
>> support, please contact our Customer Service department at
>> 1-800-387-5400 or send an email to customerservice@globeandmail.
>>
>> If you are reporting a factual error please forward your email to
>> publiceditor@globeandmail.com<
>>
>> Letters to the Editor can be sent to letters@globeandmail.com
>>
>> This is the correct email address for requests for news coverage and
>> press releases.
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Premier of Ontario | Premier ministre de l’Ontario
>> <Premier@ontario.ca>
>> Date: Sun, 10 Feb 2019 17:21:05 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> To: David Amos <david.raymond.amos333@gmail.
>>
>> Thank you for your email. Your thoughts, comments and input are greatly
>> valued.
>>
>> You can be assured that all emails and letters are carefully read,
>> reviewed and taken into consideration.
>>
>> There may be occasions when, given the issues you have raised and the
>> need to address them effectively, we will forward a copy of your
>> correspondence to the appropriate government official. Accordingly, a
>> response may take several business days.
>>
>> Thanks again for your email.
>> ______
>>
>> Merci pour votre courriel. Nous vous sommes très reconnaissants de
>> nous avoir fait part de vos idées, commentaires et observations.
>>
>> Nous tenons à vous assurer que nous lisons attentivement et prenons en
>> considération tous les courriels et lettres que nous recevons.
>>
>> Dans certains cas, nous transmettrons votre message au ministère
>> responsable afin que les questions soulevées puissent être traitées de
>> la manière la plus efficace possible. En conséquence, plusieurs jours
>> ouvrables pourraient s’écouler avant que nous puissions vous répondre.
>>
>> Merci encore pour votre courriel.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: "Singh - QP, Jagmeet" <JSingh-QP@ndp.on.ca>
>> Date: Fri, 19 May 2017 16:39:35 +0000
>> Subject: Automatic reply: Re Federal Court File # T-1557-15 and the
>> upcoming hearing on May 24th I called a lot of your people before High
>> Noon today Correct Ralph Goodale and Deputy Minister Malcolm Brown?
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> For immediate assistance please contact our Brampton office at
>> 905-799-3939 or jsingh-co@ndp.on.ca
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Michael Cohen <mcohen@trumporg.com>
>> Date: Thu, 11 Jan 2018 05:54:40 +0000
>> Subject: Automatic reply: ATTN Blair Armitage You acted as the Usher
>> of the Black Rod twice while Kevin Vickers was the Sergeant-at-Arms
>> Hence you and the RCMP must know why I sued the Queen Correct?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Effective January 20, 2017, I have accepted the role as personal
>> counsel to President Donald J. Trump. All future emails should be
>> directed to mdcohen212@gmail.com and all future calls should be
>> directed to 646-853-0114.
>> ______________________________
>> This communication is from The Trump Organization or an affiliate
>> thereof and is not sent on behalf of any other individual or entity.
>> This email may contain information that is confidential and/or
>> proprietary. Such information may not be read, disclosed, used,
>> copied, distributed or disseminated except (1) for use by the intended
>> recipient or (2) as expressly authorized by the sender. If you have
>> received this communication in error, please immediately delete it and
>> promptly notify the sender. E-mail transmission cannot be guaranteed
>> to be received, secure or error-free as emails could be intercepted,
>> corrupted, lost, destroyed, arrive late, incomplete, contain viruses
>> or otherwise. The Trump Organization and its affiliates do not
>> guarantee that all emails will be read and do not accept liability for
>> any errors or omissions in emails. Any views or opinions presented in
>> any email are solely those of the author and do not necessarily
>> represent those of The Trump Organization or any of its affiliates.
>> Nothing in this communication is intended to operate as an electronic
>> signature under applicable law.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Justice Website <JUSTWEB@novascotia.ca>
>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>> Subject: Emails to Department of Justice and Province of Nova Scotia
>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>
>> Mr. Amos,
>> We acknowledge receipt of your recent emails to the Deputy Minister of
>> Justice and lawyers within the Legal Services Division of the
>> Department of Justice respecting a possible claim against the Province
>> of Nova Scotia. Service of any documents respecting a legal claim
>> against the Province of Nova Scotia may be served on the Attorney
>> General at 1690 Hollis Street, Halifax, NS. Please note that we will
>> not be responding to further emails on this matter.
>>
>> Department of Justice
>>
>>
>> ---------- Forwarded message ----------
>> From: "Eidt, David (OAG/CPG)" <David.Eidt@gnb.ca>
>> Date: Wed, 1 Mar 2017 00:33:21 +0000
>> Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
>> would not file this motion and properly witnessed affidavit and why
>> did she take all four copies?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until Monday, March 13, 2017. I will have
>> little to no access to email. Please dial 453-2222 for assistance.
>>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.
>> Date: Fri, 12 Aug 2016 13:16:46 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until August 15, 2016. Je serai absent du
>> bureau jusqu'au 15 août 2016.
>>
>>
>>
>>
>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>>> To: coi@gnb.ca
>>> Cc: david.raymond.amos@gmail.com
>>>
>>> Good Day Sir
>>>
>>> After I heard you speak on CBC I called your office again and managed
>>> to speak to one of your staff for the first time
>>>
>>> Please find attached the documents I promised to send to the lady who
>>> answered the phone this morning. Please notice that not after the Sgt
>>> at Arms took the documents destined to your office his pal Tanker
>>> Malley barred me in writing with an "English" only document.
>>>
>>> These are the hearings and the dockets in Federal Court that I
>>> suggested that you study closely.
>>>
>>> This is the docket in Federal Court
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>> These are digital recordings of the last three hearings
>>>
>>> Dec 14th https://archive.org/details/
>>>
>>> January 11th, 2016 https://archive.org/details/
>>>
>>> April 3rd, 2017
>>>
>>> https://archive.org/details/
>>>
>>>
>>> This is the docket in the Federal Court of Appeal
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>>
>>> The only hearing thus far
>>>
>>> May 24th, 2017
>>>
>>> https://archive.org/details/
>>>
>>>
>>> This Judge understnds the meaning of the word Integrity
>>>
>>> Date: 20151223
>>>
>>> Docket: T-1557-15
>>>
>>> Fredericton, New Brunswick, December 23, 2015
>>>
>>> PRESENT: The Honourable Mr. Justice Bell
>>>
>>> BETWEEN:
>>>
>>> DAVID RAYMOND AMOS
>>>
>>> Plaintiff
>>>
>>> and
>>>
>>> HER MAJESTY THE QUEEN
>>>
>>> Defendant
>>>
>>> ORDER
>>>
>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>>> December 14, 2015)
>>>
>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>>> in its entirety.
>>>
>>> At the outset of the hearing, the Plaintiff brought to my attention a
>>> letter dated September 10, 2004, which he sent to me, in my then
>>> capacity as Past President of the New Brunswick Branch of the Canadian
>>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>>> he stated:
>>>
>>> As for your past President, Mr. Bell, may I suggest that you check the
>>> work of Frank McKenna before I sue your entire law firm including you.
>>> You are your brother’s keeper.
>>>
>>> Frank McKenna is the former Premier of New Brunswick and a former
>>> colleague of mine at the law firm of McInnes Cooper. In addition to
>>> expressing an intention to sue me, the Plaintiff refers to a number of
>>> people in his Motion Record who he appears to contend may be witnesses
>>> or potential parties to be added. Those individuals who are known to
>>> me personally, include, but are not limited to the former Prime
>>> Minister of Canada, The Right Honourable Stephen Harper; former
>>> Attorney General of Canada and now a Justice of the Manitoba Court of
>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>>> former Director of Policing Services, the late Grant Garneau; former
>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>>> Police.
>>>
>>> In the circumstances, given the threat in 2004 to sue me in my
>>> personal capacity and my past and present relationship with many
>>> potential witnesses and/or potential parties to the litigation, I am
>>> of the view there would be a reasonable apprehension of bias should I
>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>>> Committee for Justice and Liberty et al v National Energy Board et al,
>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>>> allegations of bias. In the circumstances, although neither party has
>>> requested I recuse myself, I consider it appropriate that I do so.
>>>
>>>
>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>>> the Court schedule another date for the hearing of the motion. There
>>> is no order as to costs.
>>>
>>> “B. Richard Bell”
>>> Judge
>>>
>>>
>>> Below after the CBC article about your concerns (I made one comment
>>> already) you will find the text of just two of many emails I had sent
>>> to your office over the years since I first visited it in 2006.
>>>
>>> I noticed that on July 30, 2009, he was appointed to the the Court
>>> Martial Appeal Court of Canada Perhaps you should scroll to the
>>> bottom of this email ASAP and read the entire Paragraph 83 of my
>>> lawsuit now before the Federal Court of Canada?
>>>
>>> "FYI This is the text of the lawsuit that should interest Trudeau the
>>> most
>>>
>>>
>>> ---------- Original message ----------
>>> From: justin.trudeau.a1@parl.gc.ca
>>> Date: Thu, Oct 22, 2015 at 8:18 PM
>>> Subject: Réponse automatique : RE My complaint against the CROWN in
>>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>>> submit a motion for a publication ban on my complaint trust that you
>>> dudes are way past too late
>>> To: david.raymond.amos@gmail.com
>>>
>>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
>>> lalanthier@hotmail.com
>>>
>>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Please note that I changed email address, you can reach me at
>>> lalanthier@hotmail.com
>>>
>>> To reach the office of Mr. Trudeau please send an email to
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Thank you,
>>>
>>> Merci ,
>>>
>>>
>>> http://davidraymondamos3.
>>>
>>>
>>> 83. The Plaintiff states that now that Canada is involved in more war
>>> in Iraq again it did not serve Canadian interests and reputation to
>>> allow Barry Winters to publish the following words three times over
>>> five years after he began his bragging:
>>>
>>> January 13, 2015
>>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>>
>>> December 8, 2014
>>> Why Canada Stood Tall!
>>>
>>> Friday, October 3, 2014
>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>>> Stupid Justin Trudeau
>>>
>>> Canada’s and Canadians free ride is over. Canada can no longer hide
>>> behind Amerka’s and NATO’s skirts.
>>>
>>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>>> actually committed the Canadian Army to deploy in the second campaign
>>> in Iraq, the Coalition of the Willing. This was against or contrary to
>>> the wisdom or advice of those of us Canadian officers that were
>>> involved in the initial planning phases of that operation. There were
>>> significant concern in our planning cell, and NDHQ about of the dearth
>>> of concern for operational guidance, direction, and forces for
>>> operations after the initial occupation of Iraq. At the “last minute”
>>> Prime Minister Chretien and the Liberal government changed its mind.
>>> The Canadian government told our amerkan cousins that we would not
>>> deploy combat troops for the Iraq campaign, but would deploy a
>>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>>> incompetence and stupidity, the Canadian Army was heroic,
>>> professional, punched well above it’s weight, and the PPCLI Battle
>>> Group, is credited with “saving Afghanistan” during the Panjway
>>> campaign of 2006.
>>>
>>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>>> Liberal Prime Minister Jean Chretien committed, and deployed the
>>> Canadian army to Canada’s longest “war” without the advice, consent,
>>> support, or vote of the Canadian Parliament.
>>>
>>> What David Amos and the rest of the ignorant, uneducated, and babbling
>>> chattering classes are too addled to understand is the deployment of
>>> less than 75 special operations troops, and what is known by planners
>>> as a “six pac cell” of fighter aircraft is NOT the same as a
>>> deployment of a Battle Group, nor a “war” make.
>>>
>>> The Canadian Government or The Crown unlike our amerkan cousins have
>>> the “constitutional authority” to commit the Canadian nation to war.
>>> That has been recently clearly articulated to the Canadian public by
>>> constitutional scholar Phillippe Legasse. What Parliament can do is
>>> remove “confidence” in The Crown’s Government in a “vote of
>>> non-confidence.” That could not happen to the Chretien Government
>>> regarding deployment to Afghanistan, and it won’t happen in this
>>> instance with the conservative majority in The Commons regarding a
>>> limited Canadian deployment to the Middle East.
>>>
>>> President George Bush was quite correct after 911 and the terror
>>> attacks in New York; that the Taliban “occupied” and “failed state”
>>> Afghanistan was the source of logistical support, command and control,
>>> and training for the Al Quaeda war of terror against the world. The
>>> initial defeat, and removal from control of Afghanistan was vital and
>>>
>>> P.S. Whereas this CBC article is about your opinion of the actions of
>>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>>> had my files for many years and the last thing they are is ethical.
>>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>> January 30, 2007
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP “J” Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
>>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have not
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off
>>> over the holidays and returned to work this evening. Rest assured I
>>> was not ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear
>>> that Federal authorities are aware of your concerns both in Canada
>>> the US. These issues do not fall into the purvue of Detachment
>>> and policing in Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>>
>>>
>>> Alexandre Deschênes, Q.C.,
>>> Office of the Integrity Commissioner
>>> Edgecombe House, 736 King Street
>>> Fredericton, N.B. CANADA E3B 5H1
>>> tel.: 506-457-7890
>>> fax: 506-444-5224
>>> e-mail:coi@gnb.ca
>>>
>>
>>
>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>
>>> If want something very serious to download and laugh at as well Please
>>> Enjoy and share real wiretap tapes of the mob
>>>
>>> http://thedavidamosrant.
>>> ilian.html
>>>
>>>> http://www.cbc.ca/news/world/
>>>>
>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>>
>>>> http://www.youtube.com/watch?
>>>>
>>>> What the hell does the media think my Yankee lawyer served upon the
>>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>>> cards?
>>>>
>>>> http://archive.org/details/
>>>> 6
>>>>
>>>> http://davidamos.blogspot.ca/
>>>>
>>>> http://www.archive.org/
>>>>
>>>> http://archive.org/details/
>>>>
>>>> FEDERAL EXPRES February 7, 2006
>>>> Senator Arlen Specter
>>>> United States Senate
>>>> Committee on the Judiciary
>>>> 224 Dirksen Senate Office Building
>>>> Washington, DC 20510
>>>>
>>>> Dear Mr. Specter:
>>>>
>>>> I have been asked to forward the enclosed tapes to you from a man
>>>> named, David Amos, a Canadian citizen, in connection with the matters
>>>> raised in the attached letter.
>>>>
>>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>>> tapes.
>>>>
>>>> I believe Mr. Amos has been in contact with you about this previously.
>>>>
>>>> Very truly yours,
>>>> Barry A. Bachrach
>>>> Direct telephone: (508) 926-3403
>>>> Direct facsimile: (508) 929-3003
>>>> Email: bbachrach@bowditch.com
>>>>
>>>
>>
>> http://davidraymondamos3.
>>
>>
>> Sunday, 19 November 2017
>> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
>> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
>> The Supreme Court
>>
>> https://decisions.fct-cf.gc.
>>
>>
>> Federal Court of Appeal Decisions
>>
>> Amos v. Canada
>> Court (s) Database
>>
>> Federal Court of Appeal Decisions
>> Date
>>
>> 2017-10-30
>> Neutral citation
>>
>> 2017 FCA 213
>> File numbers
>>
>> A-48-16
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> Heard at Fredericton, New Brunswick, on May 24, 2017.
>> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
>> REASONS FOR JUDGMENT BY:
>>
>> THE COURT
>>
>>
>>
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> REASONS FOR JUDGMENT BY THE COURT
>>
>> I. Introduction
>>
>> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
>> filed a 53-page Statement of Claim (the Claim) in Federal Court
>> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
>> in damages and a public apology from the Prime Minister and Provincial
>> Premiers for being illegally barred from accessing parliamentary
>> properties and seeks a declaration from the Minister of Public Safety
>> that the Canadian Government will no longer allow the Royal Canadian
>> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
>> (Claim at para. 96).
>>
>> [2] On November 12, 2015 (Docket T-1557-15), by way of a
>> motion brought by the Crown, a prothonotary of the Federal Court (the
>> Prothonotary) struck the Claim in its entirety, without leave to
>> amend, on the basis that it was plain and obvious that the Claim
>> disclosed no reasonable claim, the Claim was fundamentally vexatious,
>> and the Claim could not be salvaged by way of further amendment (the
>> Prothontary’s Order).
>>
>>
>> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
>> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
>> Court (the Judge), reviewing the matter de novo, struck all of Mr.
>> Amos’ claims for relief with the exception of the claim for damages
>> for being barred by the RCMP from the New Brunswick legislature in
>> 2004 (the Federal Court Judgment).
>>
>>
>> [4] Mr. Amos appealed and the Crown cross-appealed the
>> Federal Court Judgment. Further to the issuance of a Notice of Status
>> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
>> As such, the only matter before this Court is the Crown’s
>> cross-appeal.
>>
>>
>> II. Preliminary Matter
>>
>> [5] Mr. Amos, in his memorandum of fact and law in
>> relation to the cross-appeal that was filed with this Court on March
>> 6, 2017, indicated that several judges of this Court, including two of
>> the judges of this panel, had a conflict of interest in this appeal.
>> This was the first time that he identified the judges whom he believed
>> had a conflict of interest in a document that was filed with this
>> Court. In his notice of appeal he had alluded to a conflict with
>> several judges but did not name those judges.
>>
>> [6] Mr. Amos was of the view that he did not have to
>> identify the judges in any document filed with this Court because he
>> had identified the judges in various documents that had been filed
>> with the Federal Court. In his view the Federal Court and the Federal
>> Court of Appeal are the same court and therefore any document filed in
>> the Federal Court would be filed in this Court. This view is based on
>> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
>> c. F-7:
>>
>>
>> 5(4) Every judge of the Federal Court is, by virtue of his or her
>> office, a judge of the Federal Court of Appeal and has all the
>> jurisdiction, power and authority of a judge of the Federal Court of
>> Appeal.
>> […]
>>
>> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
>> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
>> les juges de la Cour d’appel fédérale.
>> […]
>> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
>> that office, a judge of the Federal Court and has all the
>> jurisdiction, power and authority of a judge of the Federal Court.
>>
>> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
>> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
>> juges de la Cour fédérale.
>>
>>
>> [7] However, these subsections only provide that the
>> judges of the Federal Court are also judges of this Court (and vice
>> versa). It does not mean that there is only one court. If the Federal
>> Court and this Court were one Court, there would be no need for this
>> section.
>> [8] Sections 3 and 4 of the Federal Courts Act provide
>> that:
>> 3 The division of the Federal Court of Canada called the Federal Court
>> — Appeal Division is continued under the name “Federal Court of
>> Appeal” in English and “Cour d’appel fédérale” in French. It is
>> continued as an additional court of law, equity and admiralty in and
>> for Canada, for the better administration of the laws of Canada and as
>> a superior court of record having civil and criminal jurisdiction.
>>
>> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
>> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
>> français et « Federal Court of Appeal » en anglais. Elle est maintenue
>> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
>> Canada, propre à améliorer l’application du droit canadien, et
>> continue d’être une cour supérieure d’archives ayant compétence en
>> matière civile et pénale.
>> 4 The division of the Federal Court of Canada called the Federal Court
>> — Trial Division is continued under the name “Federal Court” in
>> English and “Cour fédérale” in French. It is continued as an
>> additional court of law, equity and admiralty in and for Canada, for
>> the better administration of the laws of Canada and as a superior
>> court of record having civil and criminal jurisdiction.
>>
>> 4 La section de la Cour fédérale du Canada, appelée la Section de
>> première instance de la Cour fédérale, est maintenue et dénommée «
>> Cour fédérale » en français et « Federal Court » en anglais. Elle est
>> maintenue à titre de tribunal additionnel de droit, d’equity et
>> d’amirauté du Canada, propre à améliorer l’application du droit
>> canadien, et continue d’être une cour supérieure d’archives ayant
>> compétence en matière civile et pénale.
>>
>>
>> [9] Sections 3 and 4 of the Federal Courts Act create
>> two separate courts – this Court (section 3) and the Federal Court
>> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
>> Court were automatically also filed in this Court, then there would no
>> need for the parties to prepare and file appeal books as required by
>> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
>> to any appeal from a decision of the Federal Court. The requirement to
>> file an appeal book with this Court in relation to an appeal from a
>> decision of the Federal Court makes it clear that the only documents
>> that will be before this Court are the documents that are part of that
>> appeal book.
>>
>>
>> [10] Therefore, the memorandum of fact and law filed on
>> March 6, 2017 is the first document, filed with this Court, in which
>> Mr. Amos identified the particular judges that he submits have a
>> conflict in any matter related to him.
>>
>>
>> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
>> before the Federal Court seeking an order “affirming or denying the
>> conflict of interest he has” with a number of judges of the Federal
>> Court. A judge of the Federal Court issued a direction noting that if
>> Mr. Amos was seeking this order in relation to judges of the Federal
>> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
>> Mr. Amos raised the Federal Court motion at the hearing of this
>> cross-appeal. The Federal Court motion is not a motion before this
>> Court and, as such, the submissions filed before the Federal Court
>> will not be entertained. As well, since this was a motion brought
>> before the Federal Court (and not this Court), any documents filed in
>> relation to that motion are not part of the record of this Court.
>>
>>
>> [12] During the hearing of the appeal Mr. Amos alleged that
>> the third member of this panel also had a conflict of interest and
>> submitted some documents that, in his view, supported his claim of a
>> conflict. Mr. Amos, following the hearing of his appeal, was also
>> afforded the opportunity to provide a brief summary of the conflict
>> that he was alleging and to file additional documents that, in his
>> view, supported his allegations. Mr. Amos submitted several pages of
>> documents in relation to the alleged conflicts. He organized the
>> documents by submitting a copy of the biography of the particular
>> judge and then, immediately following that biography, by including
>> copies of the documents that, in his view, supported his claim that
>> such judge had a conflict.
>>
>>
>> [13] The nature of the alleged conflict of Justice Webb is
>> that before he was appointed as a Judge of the Tax Court of Canada in
>> 2006, he was a partner with the law firm Patterson Law, and before
>> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
>> had a number of disputes with Patterson Palmer and Patterson Law and
>> therefore Justice Webb has a conflict simply because he was a partner
>> of these firms. Mr. Amos is not alleging that Justice Webb was
>> personally involved in or had any knowledge of any matter in which Mr.
>> Amos was involved with Justice Webb’s former law firm – only that he
>> was a member of such firm.
>>
>>
>> [14] During his oral submissions at the hearing of his
>> appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
>> focused on dealings between himself and a particular lawyer at
>> Patterson Law. However, none of the documents submitted by Mr. Amos at
>> the hearing or subsequently related to any dealings with this
>> particular lawyer nor is it clear when Mr. Amos was dealing with this
>> lawyer. In particular, it is far from clear whether such dealings were
>> after the time that Justice Webb was appointed as a Judge of the Tax
>> Court of Canada over 10 years ago.
>>
>>
>> [15] The documents that he submitted in relation to the
>> alleged conflict for Justice Webb largely relate to dealings between
>> Byron Prior and the St. John’s Newfoundland and Labrador office of
>> Patterson Palmer, which is not in the same province where Justice Webb
>> practiced law. The only document that indicates any dealing between
>> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
>> who was a partner in the St. John’s NL office of Patterson Palmer. The
>> affidavit is dated January 24, 2005 and refers to a number of e-mails
>> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
>> letter that is addressed to four individuals, one of whom is John
>> Crosbie who was counsel to the St. John’s NL office of Patterson
>> Palmer. The letter is dated September 2, 2004 and is addressed to
>> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
>> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
>> possible lawsuit against Patterson Palmer.
>> [16] Mr. Amos’ position is that simply because Justice Webb
>> was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
>> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
>> 259, the Supreme Court of Canada noted that disqualification of a
>> judge is to be determined based on whether there is a reasonable
>> apprehension of bias:
>> 60 In Canadian law, one standard has now emerged as the
>> criterion for disqualification. The criterion, as expressed by de
>> Grandpré J. in Committee for Justice and Liberty v. National Energy
>> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
>> reasonable apprehension of bias:
>> … the apprehension of bias must be a reasonable one, held by
>> reasonable and right minded persons, applying themselves to the
>> question and obtaining thereon the required information. In the words
>> of the Court of Appeal, that test is "what would an informed person,
>> viewing the matter realistically and practically -- and having thought
>> the matter through -- conclude. Would he think that it is more likely
>> than not that [the decision-maker], whether consciously or
>> unconsciously, would not decide fairly."
>>
>> [17] The issue to be determined is whether an informed
>> person, viewing the matter realistically and practically, and having
>> thought the matter through, would conclude that Mr. Amos’ allegations
>> give rise to a reasonable apprehension of bias. As this Court has
>> previously remarked, “there is a strong presumption that judges will
>> administer justice impartially” and this presumption will not be
>> rebutted in the absence of “convincing evidence” of bias (Collins v.
>> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
>> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
>> (4th) 193).
>>
>> [18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
>> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
>> Court of Canada refused, 32285 (August 1, 2007)), addressed the
>> particular issue of whether a judge is disqualified from hearing a
>> case simply because he had been a member of a law firm that was
>> involved in the litigation that was now before that judge. The Ontario
>> Court of Appeal determined that the judge was not disqualified if the
>> judge had no involvement with the person or the matter when he was a
>> lawyer. The Ontario Court of Appeal also explained that the rules for
>> determining whether a judge is disqualified are different from the
>> rules to determine whether a lawyer has a conflict:
>> 27 Thus, disqualification is not the natural corollary to a
>> finding that a trial judge has had some involvement in a case over
>> which he or she is now presiding. Where the judge had no involvement,
>> as here, it cannot be said that the judge is disqualified.
>>
>>
>> 28 The point can rightly be made that had Mr. Patterson been
>> asked to represent the appellant as counsel before his appointment to
>> the bench, the conflict rules would likely have prevented him from
>> taking the case because his firm had formerly represented one of the
>> defendants in the case. Thus, it is argued how is it that as a trial
>> judge Patterson J. can hear the case? This issue was considered by the
>> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
>> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
>> there is no inflexible rule governing the disqualification of a judge
>> and that, "[e]verything depends on the circumstances."
>>
>>
>> 29 It seems to me that what appears at first sight to be an
>> inconsistency in application of rules can be explained by the
>> different contexts and in particular, the strong presumption of
>> judicial impartiality that applies in the context of disqualification
>> of a judge. There is no such presumption in cases of allegations of
>> conflict of interest against a lawyer because of a firm's previous
>> involvement in the case. To the contrary, as explained by Sopinka J.
>> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
>> for sound policy reasons there is a presumption of a disqualifying
>> interest that can rarely be overcome. In particular, a conclusory
>> statement from the lawyer that he or she had no confidential
>> information about the case will never be sufficient. The case is the
>> opposite where the allegation of bias is made against a trial judge.
>> His or her statement that he or she knew nothing about the case and
>> had no involvement in it will ordinarily be accepted at face value
>> unless there is good reason to doubt it: see Locabail, at para. 19.
>>
>>
>> 30 That brings me then to consider the particular circumstances
>> of this case and whether there are serious grounds to find a
>> disqualifying conflict of interest in this case. In my view, there are
>> two significant factors that justify the trial judge's decision not to
>> recuse himself. The first is his statement, which all parties accept,
>> that he knew nothing of the case when it was in his former firm and
>> that he had nothing to do with it. The second is the long passage of
>> time. As was said in Wewaykum, at para. 85:
>> To us, one significant factor stands out, and must inform
>> the perspective of the reasonable person assessing the impact of this
>> involvement on Binnie J.'s impartiality in the appeals. That factor is
>> the passage of time. Most arguments for disqualification rest on
>> circumstances that are either contemporaneous to the decision-making,
>> or that occurred within a short time prior to the decision-making.
>> 31 There are other factors that inform the issue. The Wilson
>> Walker firm no longer acted for any of the parties by the time of
>> trial. More importantly, at the time of the motion, Patterson J. had
>> been a judge for six years and thus had not had a relationship with
>> his former firm for a considerable period of time.
>>
>>
>> 32 In my view, a reasonable person, viewing the matter
>> realistically would conclude that the trial judge could deal fairly
>> and impartially with this case. I take this view principally because
>> of the long passage of time and the trial judge's lack of involvement
>> in or knowledge of the case when the Wilson Walker firm had carriage.
>> In these circumstances it cannot be reasonably contended that the
>> trial judge could not remain impartial in the case. The mere fact that
>> his name appears on the letterhead of some correspondence from over a
>> decade ago would not lead a reasonable person to believe that he would
>> either consciously or unconsciously favour his former firm's former
>> client. It is simply not realistic to think that a judge would throw
>> off his mantle of impartiality, ignore his oath of office and favour a
>> client - about whom he knew nothing - of a firm that he left six years
>> earlier and that no longer acts for the client, in a case involving
>> events from over a decade ago.
>> (emphasis added)
>>
>> [19] Justice Webb had no involvement with any matter
>> involving Mr. Amos while he was a member of Patterson Palmer or
>> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
>> clear during the hearing of this matter that the only reason for the
>> alleged conflict for Justice Webb was that he was a member of
>> Patterson Law and Patterson Palmer. This is simply not enough for
>> Justice Webb to be disqualified. Any involvement of Mr. Amos with
>> Patterson Law while Justice Webb was a member of that firm would have
>> had to occur over 10 years ago and even longer for the time when he
>> was a member of Patterson Palmer. In addition to the lack of any
>> involvement on his part with any matter or dispute that Mr. Amos had
>> with Patterson Law or Patterson Palmer (which in and of itself is
>> sufficient to dispose of this matter), the length of time since
>> Justice Webb was a member of Patterson Law or Patterson Palmer would
>> also result in the same finding – that there is no conflict in Justice
>> Webb hearing this appeal.
>>
>> [20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
>> (2d) 260, the Manitoba Court of Appeal found that there was no
>> reasonable apprehension of bias when a judge, who had been a member of
>> the law firm that had been retained by the accused, had no involvement
>> with the accused while he was a lawyer with that firm.
>>
>> [21] In Del Zotto v. Minister of National Revenue, [2000] 4
>> F.C. 321, 257 N.R. 96, this court did find that there would be a
>> reasonable apprehension of bias where a judge, who while he was a
>> lawyer, had recorded time on a matter involving the same person who
>> was before that judge. However, this case can be distinguished as
>> Justice Webb did not have any time recorded on any files involving Mr.
>> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
>>
>> [22] Mr. Amos also included with his submissions a CD. He
>> stated in his affidavit dated June 26, 2017 that there is a “true copy
>> of an American police surveillance wiretap entitled 139” on this CD.
>> He has also indicated that he has “provided a true copy of the CD
>> entitled 139 to many American and Canadian law enforcement authorities
>> and not one of the police forces or officers of the court are willing
>> to investigate it”. Since he has indicated that this is an “American
>> police surveillance wiretap”, this is a matter for the American law
>> enforcement authorities and cannot create, as Mr. Amos suggests, a
>> conflict of interest for any judge to whom he provides a copy.
>>
>> [23] As a result, there is no conflict or reasonable
>> apprehension of bias for Justice Webb and therefore, no reason for him
>> to recuse himself.
>>
>> [24] Mr. Amos alleged that Justice Near’s past professional
>> experience with the government created a “quasi-conflict” in deciding
>> the cross-appeal. Mr. Amos provided no details and Justice Near
>> confirmed that he had no prior knowledge of the matters alleged in the
>> Claim. Justice Near sees no reason to recuse himself.
>>
>> [25] Insofar as it is possible to glean the basis for Mr.
>> Amos’ allegations against Justice Gleason, it appears that he alleges
>> that she is incapable of hearing this appeal because he says he wrote
>> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
>> both Justice Gleason and Mr. Mulroney were partners in the law firm
>> Ogilvy Renault, LLP. The letter in question, which is rude and angry,
>> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
>> you and your little dogs too”. There is no indication that the letter
>> was ever responded to or that a law suit was ever commenced by Mr.
>> Amos against Mr. Mulroney. In the circumstances, there is no reason
>> for Justice Gleason to recuse herself as the letter in question does
>> not give rise to a reasonable apprehension of bias.
>>
>>
>> III. Issue
>>
>> [26] The issue on the cross-appeal is as follows: Did the
>> Judge err in setting aside the Prothonotary’s Order striking the Claim
>> in its entirety without leave to amend and in determining that Mr.
>> Amos’ allegation that the RCMP barred him from the New Brunswick
>> legislature in 2004 was capable of supporting a cause of action?
>>
>> IV. Analysis
>>
>> A. Standard of Review
>>
>> [27] Following the Judge’s decision to set aside the
>> Prothonotary’s Order, this Court revisited the standard of review to
>> be applied to discretionary decisions of prothonotaries and decisions
>> made by judges on appeals of prothonotaries’ decisions in Hospira
>> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
>> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
>> this Court replaced the Aqua-Gem standard of review with that
>> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
>> [Housen]. As a result, it is no longer appropriate for the Federal
>> Court to conduct a de novo review of a discretionary order made by a
>> prothonotary in regard to questions vital to the final issue of the
>> case. Rather, a Federal Court judge can only intervene on appeal if
>> the prothonotary made an error of law or a palpable and overriding
>> error in determining a question of fact or question of mixed fact and
>> law (Hospira at para. 79). Further, this Court can only interfere with
>> a Federal Court judge’s review of a prothonotary’s discretionary order
>> if the judge made an error of law or palpable and overriding error in
>> determining a question of fact or question of mixed fact and law
>> (Hospira at paras. 82-83).
>>
>> [28] In the case at bar, the Judge substituted his own
>> assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
>> must look to the Prothonotary’s Order to determine whether the Judge
>> erred in law or made a palpable and overriding error in choosing to
>> interfere.
>>
>>
>> B. Did the Judge err in interfering with the
>> Prothonotary’s Order?
>>
>> [29] The Prothontoary’s Order accepted the following
>> paragraphs from the Crown’s submissions as the basis for striking the
>> Claim in its entirety without leave to amend:
>>
>> 17. Within the 96 paragraph Statement of Claim, the Plaintiff
>> addresses his complaint in paragraphs 14-24, inclusive. All but four
>> of those paragraphs are dedicated to an incident that occurred in 2006
>> in and around the legislature in New Brunswick. The jurisdiction of
>> the Federal Court does not extend to Her Majesty the Queen in right of
>> the Provinces. In any event, the Plaintiff hasn’t named the Province
>> or provincial actors as parties to this action. The incident alleged
>> does not give rise to a justiciable cause of action in this Court.
>> (…)
>>
>>
>> 21. The few paragraphs that directly address the Defendant
>> provide no details as to the individuals involved or the location of
>> the alleged incidents or other details sufficient to allow the
>> Defendant to respond. As a result, it is difficult or impossible to
>> determine the causes of action the Plaintiff is attempting to advance.
>> A generous reading of the Statement of Claim allows the Defendant to
>> only speculate as to the true and/or intended cause of action. At
>> best, the Plaintiff’s action may possibly be summarized as: he
>> suspects he is barred from the House of Commons.
>> [footnotes omitted].
>>
>>
>> [30] The Judge determined that he could not strike the Claim
>> on the same jurisdictional basis as the Prothonotary. The Judge noted
>> that the Federal Court has jurisdiction over claims based on the
>> liability of Federal Crown servants like the RCMP and that the actors
>> who barred Mr. Amos from the New Brunswick legislature in 2004
>> included the RCMP (Federal Court Judgment at para. 23). In considering
>> the viability of these allegations de novo, the Judge identified
>> paragraph 14 of the Claim as containing “some precision” as it
>> identifies the date of the event and a RCMP officer acting as
>> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
>> para. 27).
>>
>>
>> [31] The Judge noted that the 2004 event could support a
>> cause of action in the tort of misfeasance in public office and
>> identified the elements of the tort as excerpted from Meigs v. Canada,
>> 2013 FC 389, 431 F.T.R. 111:
>>
>>
>> [13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
>> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
>> determine whether the plaintiffs’ statement of claim pleads each
>> element of the alleged tort of misfeasance in public office:
>>
>> a) The public officer must have engaged in deliberate and unlawful
>> conduct in his or her capacity as public officer;
>>
>> b) The public officer must have been aware both that his or her
>> conduct was unlawful and that it was likely to harm the plaintiff; and
>>
>> c) There must be an element of bad faith or dishonesty by the public
>> officer and knowledge of harm alone is insufficient to conclude that a
>> public officer acted in bad faith or dishonestly.
>> Odhavji, above, at paras 23, 24 and 28
>> (Federal Court Judgment at para. 28).
>>
>> [32] The Judge determined that Mr. Amos disclosed sufficient
>> material facts to meet the elements of the tort of misfeasance in
>> public office because the actors, who barred him from the New
>> Brunswick legislature in 2004, including the RCMP, did so for
>> “political reasons” (Federal Court Judgment at para. 29).
>>
>> [33] This Court’s discussion of the sufficiency of pleadings
>> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
>> D.L.R (4th) 301 is particularly apt:
>>
>> …When pleading bad faith or abuse of power, it is not enough to
>> assert, baldly, conclusory phrases such as “deliberately or
>> negligently,” “callous disregard,” or “by fraud and theft did steal”.
>> “The bare assertion of a conclusion upon which the court is called
>> upon to pronounce is not an allegation of material fact”. Making bald,
>> conclusory allegations without any evidentiary foundation is an abuse
>> of process…
>>
>> To this, I would add that the tort of misfeasance in public office
>> requires a particular state of mind of a public officer in carrying
>> out the impunged action, i.e., deliberate conduct which the public
>> officer knows to be inconsistent with the obligations of his or her
>> office. For this tort, particularization of the allegations is
>> mandatory. Rule 181 specifically requires particularization of
>> allegations of “breach of trust,” “wilful default,” “state of mind of
>> a person,” “malice” or “fraudulent intention.”
>> (at paras. 34-35, citations omitted).
>>
>> [34] Applying the Housen standard of review to the
>> Prothonotary’s Order, we are of the view that the Judge interfered
>> absent a legal or palpable and overriding error.
>>
>> [35] The Prothonotary determined that Mr. Amos’ Claim
>> disclosed no reasonable claim and was fundamentally vexatious on the
>> basis of jurisdictional concerns and the absence of material facts to
>> ground a cause of action. Paragraph 14 of the Claim, which addresses
>> the 2004 event, pleads no material facts as to how the RCMP officer
>> engaged in deliberate and unlawful conduct, knew that his or her
>> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
>> faith. While the Claim alleges elsewhere that Mr. Amos was barred from
>> the New Brunswick legislature for political and/or malicious reasons,
>> these allegations are not particularized and are directed against
>> non-federal actors, such as the Sergeant-at-Arms of the Legislative
>> Assembly of New Brunswick and the Fredericton Police Force. As such,
>> the Judge erred in determining that Mr. Amos’ allegation that the RCMP
>> barred him from the New Brunswick legislature in 2004 was capable of
>> supporting a cause of action.
>>
>> [36] In our view, the Claim is made up entirely of bare
>> allegations, devoid of any detail, such that it discloses no
>> reasonable cause of action within the jurisdiction of the Federal
>> Courts. Therefore, the Judge erred in interfering to set aside the
>> Prothonotary’s Order striking the claim in its entirety. Further, we
>> find that the Prothonotary made no error in denying leave to amend.
>> The deficiencies in Mr. Amos’ pleadings are so extensive such that
>> amendment could not cure them (see Collins at para. 26).
>>
>> V. Conclusion
>> [37] For the foregoing reasons, we would allow the Crown’s
>> cross-appeal, with costs, setting aside the Federal Court Judgment,
>> dated January 25, 2016 and restoring the Prothonotary’s Order, dated
>> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
>> without leave to amend.
>> "Wyman W. Webb"
>> J.A.
>> "David G. Near"
>> J.A.
>> "Mary J.L. Gleason"
>> J.A.
>>
>>
>>
>> FEDERAL COURT OF APPEAL
>> NAMES OF COUNSEL AND SOLICITORS OF RECORD
>>
>> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
>> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
>> DOCKET:
>>
>> A-48-16
>>
>>
>>
>> STYLE OF CAUSE:
>>
>> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
>>
>>
>>
>> PLACE OF HEARING:
>>
>> Fredericton,
>> New Brunswick
>>
>> DATE OF HEARING:
>>
>> May 24, 2017
>>
>> REASONS FOR JUDGMENT OF THE COURT BY:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>> DATED:
>>
>> October 30, 2017
>>
>> APPEARANCES:
>> David Raymond Amos
>>
>>
>> For The Appellant / respondent on cross-appeal
>> (on his own behalf)
>>
>> Jan Jensen
>>
>>
>> For The Respondent / appELLANT ON CROSS-APPEAL
>>
>> SOLICITORS OF RECORD:
>> Nathalie G. Drouin
>> Deputy Attorney General of Canada
>>
>> For The Respondent / APPELLANT ON CROSS-APPEAL
>>
>
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 00:00:38 -0400
Subject: EUB 486 Irving bullshit and Kent Group Ltd.
To: motomaniac333 <motomaniac333@gmail.com>
ACTING CHAIRPERSON: Okay. Thank you. So that being considered, so
those minimum filing requirements that are included in the letter of
January the 19th 2021 by Mr. Letson to the chief clerk will be, at a
minimum, the information that needs to be provided to the chief clerk
prior to the first round of IRs.
Just one comment, Mr. Hoyt, the Board will be retaining an independent
expert which will be Mr. Jason Parent from the Kent Group. And I also
understand that Mr. Parent may have some comment regarding on the
proposed MFR. So if that is an issue, we will be informing the
applicant if there is any other requirements of the minimal filing
requirements once he starts his process of reviewing the information.
Kent Group Ltd.
367 Princess Ave.
London, Ontario
N6B 2A7
Jason.Parent@kalibrate.com
519-672-7000 x 112
Jason Parent is the Managing Director at Kent Group Ltd. His
responsibilities encompass a range of project management roles, as
well as the analysis and reporting of data for our clients. Mr.
Parent’s functional specialties include the areas of regulatory
analysis, petroleum market and price/ margin analysis, forecasting and
performance benchmarking.
Mr. Parent has seventeen years experience in providing consulting and
performance data analysis in the petroleum industry. This industry
expertise is supported by a degree in Business Administration, having
graduated with distinction. Jason plays a vital role in the management
of relationships with our extensive client base, meeting their needs
through a diverse range of services including consulting and custom
project work, development of custom data delivery and reporting, as
well as assisting clients in the development of specific project needs
and deliverables.
Media release January 7, 2021
The New Brunswick Energy and Utilities Board has received an
application from Irving Oil requesting an interim increase to the
wholesale margins for motor fuels and furnace oil of $0.035/litre, as
well as a final order increasing the wholesale margin for motor fuels
from $0.0651/litre to $0.1054/litre and an increase to the wholesale
margin for furnace oil from $0.055/litre to $0.0963/litre.
The Board has set a pre-hearing conference for Monday, January 25 at
9:30 a.m. for the Board to consider the following:
a. Minimum Filing Requirements;
b. The specific process that will be used by the Board to consider
this application;
c. An appropriate filing schedule;
d. Intervenor Requests;
e. Irving Oil’s request for an interim order under section 40 of the
EUB Act, including any written or oral submission of approved
Intervenors; and,
f. Any other relevant issue.
The pre-hearing conference will be held via the Zoom Web Conference
platform. Interested parties can visit the Board’s website at
www.nbeub.ca for details on how to request to intervene.
The application and related documents can be viewed at www.nbeub.ca by
searching Matter number 486.
The Board’s proceedings are open the general public to attend and
observe, and as such, the Board invites any person or organization
interested in observing the proceedings to contact the Board at
general@nbeub.ca to obtain the sign-in information for any of the
upcoming hearings.
For more information contact:
Kathleen Mitchell
506-658-2504
VIA EMAIL
January 19, 2021
Kathleen Mitchell, Chief Clerk
New Brunswick Energy & Utilities Board
PO Box 5001
Saint John, NB E2L 4Y9
Dear Ms. Mitchell:
Re: An Application by Irving Oil Marketing G.P. and Irving Oil
Commercial G.P. (Matter 486), Our File No. 6994-009
Further to the Order of the Energy and Utilities Board (Board) in this
Matter dated January 8, 2021, wherein it indicated that it will
consider, inter alia, minimum filing requirements for this Matter, we
are writing to advise of the Board staff’s recommendations on that
point. To assist in the review of the application, Board staff
recommends the adoption of the following minimum filing requirements:
1) The information related to the factors the Board must consider as
set out at subsection 9(1) of NB Regulation 2006-41:
a. Cost of transporting fuel from New York Harbor
b. Volumes of sales
c. Storage Costs
d. Inventory turnover rates
e. Applicable levies and insurance costs
2) The underlying calculations for the tables found at page 1 of
Appendix A of Exhibit IO 1.02
3) All supporting documentation for the following information
contained on page 2 of Appendix A
a. Terminal fees,
b. Transportation and Port Fees,
c. Working Capital Management and Overhead,
d. Federal Compliance Costs
4) Please provide the total sales
In addition, we advise that Board staff expect to retain an
independent expert to review the application and file evidence in
Matter 486. The expert may have additional recommendations for minimum
filing requirements, and if so, those recommendations will be provided
to all parties prior to the Pre-hearing Conference scheduled for
January 25th, 2021.
We trust you will find this in order.
Yours very truly,
LAWSON CREAMER
Matthew R. Letson (P.C.*), Partner
Direct: (506) 633-3533
mletson@lawsoncreamer.com
Darren Gillis
Irving Oil
10 King Square South
Saint John, NB E2L 0G3
Telephone: (506) 647-4162
Email: darren.gillis@irvingoil.com
Scholten's Grocery
90 Hubbard Road
Fredericton NB E3B 6B4
Chris.Scholten@Scholtens.ca
(506) 459-4643
Jerry.Scholten@Scholtens.ca
(506) 457-0566
Hafsah Mohammad, Organizational Representative
Grassroots NB
114 Somerset Drive
Moncton, NB E1A 3T9
(587) 597 - 2953
nb.grassroots@gmail.com
Jennifer Bueno
Solidarité Fredericton Solidarity Volunteer
Solidarité Fredericton Solidarity
15-215 Main Street, Fredericton, NB, E3A 1E1
(506) 962-0521
jennifer.bueno@unb.ca
Simon Ouellette
Solidarité Fredericton Solidarity
4-122 Aberdeen Street, Fredericton, NB E3R 1R5
(506) 229-6038
ouellette.acadie@gmail.com
Lynaya Astephe, Chair
Leap4wards
1877 Red Head Rd,
Saint John, NB E2P 1J5
[506-653-7959
leap4wards@gmail.com
Aditya Rao, Human Rights Representative
Canadian Union of Public Employees
91 Woodside Lane
Fredericton, NB E3C 0C5
(506) 247-0137
arao@cupe.ca
Abram Lutes,
Provincial Coordinator
New Brunswick Common Front for Social Justice
236 St George St, Suite 412
Moncton, NB E1C 1W1
506-855-8977
frontnb@bellaliant.net
https://www.facebook.com/
(506) 660-0028
Contact. 506-262-3353 meryl.sarty@gmail.com ...
travis-ppc.nbsw@protonmail.com
Letters
Mary Milander
Saint John
Denis Y. Boulet
Brent Theriault
Sunny Corner Enterprises Inc
Eric Lloyd President
259 Dalton Ave.
Miramichi, NB
E1V 3C4
Tel: (506) 622-5600
info@sunnycorner.ca
Lorneville Mechanical Contractors Ltd.
75 Stinson Drive
Saint John, NB E2M 7E3
Jim Brewer President
Todd Bethune, CFO
Styve Dumouchel, CEO
(506) 635-8090
New Brunswick Building Trades Council
Jean-Marc Ringuette, President
26 Kiwanis Court
Saint John, NB E2K 4L2
Phone: (506) 635-1221
jeanmarc@ibew502.ca
https://www.cbc.ca/news/
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Energy and Utilities Board holds first hearing into requested
wholesale margin increases today
Robert Jones · CBC News · Posted: Jan 25, 2021 7:26 AM AT
An initial hearing into Irving Oil's request for increases in
petroleum wholesale prices begins today in front of the New Brunswick
Energy and Utilities Board with supporters raising the stark prospect
of the company shutting down if it does not get what it is asking for
and skeptics warning the board against being manipulated.
"We must be cautiously aware that no business is too big to fail,"
read one letter on the issue received and posted publicly last week by
the EUB.
"They are playing the Board," read another about the company's application.
New Brunswick adopted petroleum price regulation in 2006 and put the
Energy and Utilities Board in place to oversee it. Currently
wholesalers are allowed to add 6.51 cents per litre to the price of
motor fuels they handle (gasoline and diesel) and 5.5 cents per litre
to furnace oil.
Irving Oil is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
New Brunswick's Energy and Utilities Board has scheduled a full
hearing into Irving Oil's request for wholesale petroleum price
increases for March 30. It will hear arguments Monday for and against
an emergency interim increase. (Robert Jones/CBC News)
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013, but the company says fundamental changes in the oil industry and
a sudden collapse in demand for petroleum products caused by the
COVID-19 pandemic have rendered those old amounts obsolete.
"Petroleum pricing regulations in New Brunswick were created 15 years
ago," Darren Gillis, Irving Oil chief marketing officer, said in an
affidavit supporting the application. "They did not contemplate the
challenges of the last several years and were not designed to react to
a global pandemic."
If granted in full, the increases would apply to all New Brunswick
wholesalers and would cost consumers about $60 million per year in
higher retail prices.
The Energy and Utilities Board has tentatively scheduled a full
hearing into the matter for the end of March, but in its application
Irving Oil said its situation is dire and it cannot wait that long for
relief.
Irving Oil's Darren Gillis is heading the company's effort to have the
Energy and Utilities Board approve $60 million in increased petroleum
margins for New Brunswick wholesalers. (Irving Oil)
Instead it is asking for 85 per cent of the requested increase on
motor fuels (3.5 cents) and 99 per cent of the increase on furnace oil
(3.0 cents) to be granted immediately pending the outcome of the full
hearing next spring.
"The entire supply chain in under pressure and at risk," Gillis said
in the application. "COVID-19 has exacerbated challenges for the
industry and urgent action is required."
That tone has alarmed supporters of Irving Oil who fear the company is
in trouble. Last week, the company announced layoffs at its Saint
John refinery and worried suppliers have been mobilizing to urge the
EUB to grant its request in full.
Eric Lloyd is president of Sunny Corner Enterprises Inc., an
industrial construction firm in Miramichi that does business with
Irving Oil.
Lloyd wrote to the EUB to say it "must take action to understand the
economic forces that are stressing a very important contributor to our
economy," and warned it is not "too big to fail" in asking its request
be granted.
Hafsah Mohammad is with the Moncton social justice and climate action
group Grassroots NB, one of several groups registered to oppose Irving
Oil's application. (Tori Weldon/CBC News)
Another Irving supplier, Lorneville Mechanical Contractors Ltd. in
Saint John, also sent a letter expressing concern about the company's
financial health.
"We understand that Irving Oil has identified New Brunswick's highly
regulated fuel pricing system as a challenge to its ability to operate
reliably and sustainably," wrote Lorneville's president Jim Brewer, in
endorsing immediate increases.
Local building trade unions warned the viability of the refinery
itself could hinge on the EUB's decision.
"It would be devastating to lose this asset," wrote union president
Jean-Marc Ringuette in his letter supporting Irving Oil's request.
But others are skeptical.
A number of anti-poverty, union and social justice organizations have
signed up to oppose Irving Oil's application and a clutch of private
citizens, like Saint John resident Mary Milander, also sent letters
opposing the increase.
"I believe that that the people of Saint John and the whole province
have suffered financially much more than the oil industry during the
pandemic," Milander wrote to the board.
Natural Resources and Energy Development Minster Mike Holland stoked
early controversy about Irving Oil's request by writing a letter to
the Energy and Utilities Board telling it the application should be
dealt with quickly. (Radio-Canada)
Although yet to start, the hearing has already been highly
controversial following news last week that New Brunswick Natural
Resources Minister Mike Holland sent his own letter to the EUB
expressing concerns about Irving Oil's ability to supply products at
current prices.
That led to criticism from all three opposition parties and a call for
Holland to resign from Green Party Leader David Coon. Premier Blaine
Higgs defended Holland's intervention.
The EUB has granted interim relief to applicants in other cases
before, but normally on the condition money collected from consumers
be returned if the increases are later found to be unjustified.
A complicating factor in Irving Oil's application for immediate relief
is that Gillis has acknowledged that other than home heating oil
sales, returning money to customers will not be possible.
"In the unlikely case the permanent increase for motor fuels is lower
than the interim increase, Irving Oil cannot effectively and fairly
rebate the difference," he said.
https://www.cbc.ca/news/
Irving Oil request for 'urgent' wholesale price hike stalls over
redacted evidence
Energy and Utilities Board adjourns to allow groups opposing price
increase to argue for access to evidence
Robert Jones · CBC News · Posted: Jan 25, 2021 5:58 PM AT
Irving Oil Ltd. is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
(Devaan Ingraham/Reuters )
Irving Oil's attempt to win immediate wholesale petroleum price
increases from the New Brunswick Energy and Utilities Board stalled
quickly Monday over objections from a variety of community
organizations that too much of the application is based on secret
material.
"The amount of information that is redacted in these documents makes
it very difficult for our organization to meaningfully participate,"
said Abram Lutes with the New Brunswick Common Front for Social
Justice
"It limits our ability to participate meaningfully and to advocate on
behalf of low income workers and people in poverty."
Several other groups expressed similar concerns and the EUB's acting
Chair Francois Beaulieu scheduled a hearing Friday morning to deal
with the objections. That forced a delay in Irving Oil's request for
immediate increases in wholesale petroleum margins at least until next
week.
Francois Beaulieu, acting chair of the Energy and Utilities Board,
scheduled a hearing Friday morning to deal with objections to Irving
Oil's requests. (Graham Thompson/CBC)
"The board will adjourn and we'll await the interveners to file their
objections," said Beaulieu.
Until recently, Irving Oil has shown little outward concern about
petroleum wholesale margins in New Brunswick. Since 2016, it twice
declined to participate in scheduled reviews of the issue by the
board, including the latest one launched in 2019.
COVID-19 has affected business
But the company says the COVID-19 pandemic has hit its business hard,
and it now requires immediate changes.
In prepared remarks for the EUB on Monday that he was ultimately
unable to deliver before proceedings adjourned Irving Oil marketing
president Darren Gillis planned to outline the company's hardships
"We've reduced spending across the company, cancelled projects, and
unfortunately reduced our employee and contractor workforce," said the
prepared remarks.
"Significant sales declines (Jet Fuel, Marine Fuel and Transportation
Fuel) and higher costs are having a serious impact on the entire
supply chain. No one, no company is insulated from the impacts of the
pandemic, including Irving Oil."
Company asks for substantial increases
The company is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54,9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
It is asking that prior to a full hearing in late March, 85 per cent
of the requested increase on motor fuels (3.5 cents) and 99 per cent
of the increase on furnace oil (3.0 cents) be granted immediately
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013. But much of Irving Oil's evidence in support of changes that
large is not being publicly shared to protect company operational and
financial information, an immediate sticking point Monday
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Beaulieu noted the EUB itself along with public intervener Heather
Black and any experts they hire are permitted to view all the
material, but that did little to satisfy several participants.
Hafsah Mohammad with the Moncton social justice and climate action
group Grassroots NB expressed support for Black's role but said more
perspectives on Irving Oil's application are needed
"I think that has a problematic element with one person speaking for
the entire public," said Mohammad.
"I thought that's why there are interveners. If it is solely on
Heather Black I am concerned with just one person being assigned to
this role."
Natural Resources and Energy Development Minister Mike Holland wrote a
letter to New Brunswick's Energy and Utilities Board, in which he said
an Irving Oil application for petroleum price increases should be
dealt with quickly. (Radio-Canada)
Mohammad also pressed Beaulieu to explain his view on a letter sent to
the EUB by Mike Holland, the New Brunswick natural resources and
energy development minister, and its effect on the hearing..
Holland wrote to the board on Jan. 6, one day after Irving Oil filed
its application, to back the company's request for an "expedited"
review.
"I did not have any intention to comment on the letter but if an
intervener does put it forward I'll comment on it," said Beaulieu.
"I'm putting it forward," said Mohammad
Beaulieu said all citizens have a right to send letters to comment on
matters before the board, and he viewed Holland's as just one of many
that have arrived from the public.
Irving oil lawyer concerned over delay
"Any person in the province of New Brunswick can comment on any
proceeding of the board," said Beaulieu "We're independent and that
will continue."
Irving Oil lawyer Len Hoyt expressed concern about delays in getting
to the request for immediate price increases, but the application is
effectively on hold for a week while the company's reliance on
confidential information is dealt with first
"The urgency and the expediency of this is of upmost importance to my
client." said Hoyt.
About the Author
Robert Jones
Reporter
Robert Jones has been a reporter and producer with CBC New Brunswick
since 1990. His investigative reports on petroleum pricing in New
Brunswick won several regional and national awards and led to the
adoption of price regulation in 2006.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/
Hanwell man sues NB Liquor over agency store contract
Moncton's Power Plus Technology won the agency store contract
CBC News · Posted: Apr 23, 2013 9:35 AM AT
A Hanwell convenience store is launching a lawsuit against NB Liquor
to ensure the proper process was put in place in approving a new
agency store licence 1:44
A Fredericton-area convenience store owner is taking NB Liquor to
court to find out why a Moncton company received an agency liquor
store in Hanwell.
NB Liquor’s decision to award Moncton’s Power Plus Technology the
contract to build an agency store next to the Trans-Canada Highway,
near Hanwell, has sparked a local controversy.
The decision has been the focus of public meetings and a petition.
Now Chris Scholten said he is preparing to take the fight to another
level to find out why the two local companies lost out to the Moncton
business.
Scholten said the only way to receive a fair and independent review of
NB Liquor’s decision is to head to court.
Chris Scholten is one of two Hanwell businessowners who lost their
bids to set up a NB Liquor agency store in the Fredericton-area
community. (CBC)
"I’m just looking for a fair, independent review of the decision
process to ensure that the right process was followed, following the
guidelines and the request for proposal to which we applied," he said.
Daniel Allain, the president of NB Liquor, said in February the Crown
corporation formed an internal agency store task force to review the
expansion of the agency store network.
At the time, Allain said the decision to create the task force was
intended to guarantee an "open and transparent process."
NB Liquor did not comment on Monday as the Hanwell decision is now
heading to court.
But Scholten said NB Liquor has not been open with him on how the
decision was made.
"Unfortunately we’ve just been hit with roadblock after roadblock. We
are just being ignored quite frankly," he said.
Scholten asked the ombudsman's office to investigate.
The office has agreed to review the file but Scholten said he's heard
nothing from the independent office so far.
But Scholten’s lawyer did hear from NB Liquor late on Monday afternoon.
The agency received documentation that had been requested a month ago
under the province’s Right to Information and Protection of Privacy
Act.
Scholten said he will look through the information with his lawyer but
he still plans to take legal action.
CBC's Journalistic Standards and Practices|About CBC News
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NB Liquor agency store contract in Hanwell sparks anger
Social Sharing
Community group argues contract should have gone to a local bidder,
not Moncton company
CBC News · Posted: Feb 21, 2013 7:19 PM AT
Liquor store controversy
8 years ago 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition.
Gayla Macintosh, a member of the Concerned Citizens of Hanwell,
contends NB Liquor broke its own rules with the decision.
The Crown agency's guidelines call for contracts for agency stories to
be awarded to local businesses, she said.
Scholten's Convenience Store and the nearby Hanwell Village Mart had
both submitted bids to operate the new agency store.
But Power Plus Technology, owners of the Magnetic Hill Esso gas
station, was the successful bidder for the store, which will be built
next to the Trans Canada Highway near Hanwell, along with a brand gas
bar and convenience store.
"One of the guidelines is that they want it to be a centrally-located
place and this would be it — one of these two stores would be it — and
we don't know why," said Macintosh.
'Unfair' decision
NB Liquor plans to open 10 new agency stores this year. (CBC)
The group is encouraging citizens who oppose the "unfair" decision to
sign a petition supporting a Hanwell bid and to send an email
expressing their "displeasure" to the premier, finance minister, the
local MLA and the head of NB Liquor.
The decision simply doesn't make sense, said Josh Allen, a regular
customer at Scholten's.
"Better here for the economy, for Scholten's itself, bring more
business here, rather than have a business from out of town come in
and take over their clientele," he said.
NB Liquor spokeswoman Marcelle Saulnier says decisions about where the
10 new agency stores will go this year is based on customer traffic,
location and site evaluation, among other criteria.
"In this case we hired a firm to go look at the various proposals that
we accepted and they came back with a scoring," she said.
The criteria does give points for being locally-owned and operated,
but it's low on the list, said Saulnier.
None of the companies' owners would comment on Thursday.
The Concerned Citizens of Hanwell will be holding an information
session on Monday at 7 p.m. at the Starlite Lodge. The group has
invited NB Liquor CEO Daniel Allain to attend.
CBC's Journalistic Standards and Practices
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NB Liquor agency store dispute in Hanwell goes to ombudsman
Convenience store owner contends contract should have gone to local bidder
CBC News · Posted: Mar 15, 2013 5:24 PM AT | Last Updated: March 15, 2013
Scholten’s Convenience Store was one of the two local businesses that
lost a bid to operate the agency store. (CBC)
The owner of a convenience store near Fredericton who lost his bid to
become an agency store for NB Liquor is taking his case to the
provincial ombudsman.
Chris Scholten, of Scholten's Convenience Store in Hanwell, contends
local bidders are supposed to be given preference.
But the Hanwell contract went to Moncton-based gas retailer Power Plus
Technology instead.
Scholten says he's gone through the NB Liquor review process, has
spoken to the president of the Crown agency and even put a call in to
the minister of finance, but is still not satisfied with the answers
he's received about why the other company won.
"We feel that even the mandate of this agency program has been
violated. We feel that the procedures that were to be followed have
been violated. And we question the evaluations of the independent
proposals as well — that they were unfairly evaluated," he said.
"So we're just looking for an independent review to make sure that the
proper decision was made."
A conceptual drawing of a proposed gas station and NB Liquor agency
store in Hanwell. (CBC)
Hanwell Village Mart had also applied to be an agency store.
Jason Lutes, the owner of Power Plus Technology, has said he believes
the matter is being blown out of proportion and denied being awarded
the contract because of any political connections.
He was already planning to build a convenience store in the area
before the call for applications from NB Liquor for an agency store,
he said.
Lutes will build the store next to the Trans-Canada Highway near
Hanwell, along with a gas bar and convenience store.
Some Hanwell residents have expressed concerns the new store will pull
business away from existing stores in the area. The issue has sparked
the creation of a new community group called Concerned Citizens of
Hanwell and a petition.
NB Liquor officials have said decisions about new agency stores are
based on customer traffic, location and site evaluation, among other
criteria.
CBC's Journalistic Standards and Practices
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'Double taxation' cut will energize private sector, say N.B. business leaders
Province reducing tax on buildings like rental properties by 50%
Colin McPhail · CBC News · Posted: Mar 10, 2020 8:44 PM AT
Rental property owners and business officials say new tax cuts
announced by the Progressive Conservative government Tuesday will help
stoke the New Brunswick economy and spur construction.
Finance Minister Ernie Steeves announced a 50 per cent reduction in
the provincial non-owner-occupied property residential tax over a
four-year period starting in the 2021 taxation year.
Owners and developers have long sought to scrap the so-called "double
tax" which levies a provincial tax on top of the municipal tax for
buildings like rental properties and cottages.
Willy Scholten, president of the New Brunswick Apartment Owners
Association, said his group has been lobbying government officials on
the issue since 2004.
He believes the move will lead to new construction.
Bryan Eneas/CBC
"We have a lot of issues right now with not enough supply of rental
apartments in the province, and a lot of our association attributes a
lot of that to this double taxation," Scholten said following
Steeves's address in the legislature.
"We don't have outside people coming to the province and saying this
is a good place to do business."
The tax rate will drop from $1.233 per $100 of assessed value to
$0.5617 — or about 14.04 cents per year until 2024.
The owners' association has proposed phasing the tax out completely
over a three-year period, but Scholten said this is a step in the
right direction.
"We hope that they continue after here to the eventual full
elimination, so we are no longer offside with the rest of the
country," said Scholten, adding New Brunswick is the lone Canadian
jurisdiction to impose such a tax.
More budget day coverage:
Could the tax savings be passed onto tenants? Scholten said it's too
early to tell.
"It's not a full elimination and we don't know what's going to happen
with assessments either along the way," he said. "So we'll have to
wait to see what happens with our property tax bills."
The PCs also plan to reduce the non-residential property tax rate —
including commercial and industrial buildings — by 8.25 cents per year
until 2024. That will decrease the rate from $2.1860 per $100 of
assessment to $1.8560.
The $10.2-billion provincial budget projects a $92.4-million surplus
and to reduce the net debt by $129.3 million. The budget is buoyed,
however, by a $200-million increase in federal transfer payments.
"We have to, beyond balancing the budget, give back," Steeves told reporters.
"We thought [the tax reductions] were ones that would help businesses
and, ultimately, help a lot of New Brunswickers and, ultimately, help
the economy of New Brunswick."
'You have to focus on the private sector'
The budget struck a chord with People's Alliance Leader Kris Austin.
His party has long argued against double taxation for
non-owner-occupied properties.
"If you want true economic growth, you have to focus on the private
sector," he said. "The best way to that is tax reduction and
deregulation."
Austin said all three Alliance members will vote in favour, while
Liberal Leader Kevin Vickers maintained that his party will vote
against the budget in an attempt to topple the government.
Ed Hunter/CBC
Green Leader David Coon told reporters his caucus — and its three
crucial votes — has reserved a decision until meeting to discuss.
Also included in the budget is the Higgs government's carbon pricing
plan. It will be set at 6.6 cents per litre at the pumps — same as the
federal backstop — but the Tories will cut the New Brunswick gas tax
by 4.6 cents, creating a net two-cent increase.
The government has not passed its carbon tax legislation and if the
budget is defeated and an election is called, it won't get the chance,
meaning the federal price will be in place on April 1.
David Duplisea, CEO of the Saint John Region Chamber of Commerce, said
if that's the case, it will make New Brunswick less competitive with
neighbouring provinces like Nova Scotia.
Encouraged by the private-sector support, Duplisea said there isn't
anything in or not in the budget worth toppling the government over.
He said many of his 700 members wanted the tax breaks in one form or
another, and this creates a "positive investment climate."
"These items … we have been asking for these and we're confident that
this will help to spur investment in our respective regions and in the
province as a whole," Duplisea said.
Both the Saint John and Fredericton chambers of commerce lauded the
government for reducing the net debt and balancing the budget.
Krista Ross, CEO of the Fredericton Chamber of Commerce, specifically
highlighted the double taxation policy in a statement Tuesday.
"This will make business in New Brunswick more competitive and give us
a chance to build economic momentum, which in turn will allow
government to further reduce debt and deliver more services," Ross
said.
"In the coming years, this will be even more important as we cannot
expect to receive large increases in equalization payments on an
annual basis."
https://www.cbc.ca/news/
Forcing builders to include low-income units not a solution, say developers
Social Development Minister Dorothy Shephard open to exploring
inclusionary zoning
CBC News · Posted: Dec 12, 2019 6:02 PM AT | Last Updated: December 12, 2019
The province’s practice of taxing non-owner-occupied properties
differently than owner-occupied properties has long been a complaint
among landlords and developers. (Bryan Eneas/CBC)
Two Fredericton developers question the wisdom of implementing
inclusionary zoning, a policy that forces developers to include
affordable units in their projects.
Social Development Minister Dorothy Shephard has said it would be
"interesting" to explore a proposed Montreal bylaw that would make
developers either set aside a certain number of units in their
buildings as affordable units or pay into a fund for social housing.
"I think with the help of our municipalities that it's worthy of
looking at," Shephard said.
But Jeff Yerxa, the president and CEO of Ross Ventures Ltd., said
while the idea is worth looking at, any development would still have
to make money, and mandating units could make that difficult for
certain projects.
Sees problem with some developments
"I think that every development has got its own place in the market,"
Yerxa said.
"If you're doing a big waterfront development, I think it's tough to
include affordable housing … I don't think it's reasonable for the
province to subsidize rent for affordable housing for people in, you
know, developments such as that."
Province to spend $629K on new affordable housing units over 3
years, $12M on repairs
Willy Scholten, the president of the NB Apartment Owners Association,
said he opposes any new "hurdles."
"The problem with doing this ... inclusionary zoning … is [it's]
another hurdle for development," said Scholten.
"If we start doing more and more of putting more and more hurdles we
have less development. If we have less development, we have less
units."
Scholten said the province could do more to increase development by
ending the so-called "double tax" on rental properties.
No exemption
"We need to fix that, and that'll make affordability easier and make
the whole development easier," said Scholten.
"We'll get more development. More development will mean the vacancy
rates will go up. Rental rates will go down."
The province's practice of taxing non-owner-occupied properties
differently from owner-occupied properties has long been a complaint
among landlords and developers.
'I've never felt shame like this in my life': 500 homeless, 5,000
await affordable housing
The tax sees landlords pay both municipal and provincial property
taxes on their rental properties and aren't eligible for a break on
those.
While owner-occupied properties also are assessed taxes by both the
province and municipality, the owners can receive tax credits that
largely eliminate the provincial portion.
Scholten said the province is bringing in enough revenue to offset
what it would lose in revenue if it ended the "double tax." If that
happened, landlords would be willing to freeze rental rates for a
period, he said.
with files from Information Morning Fredericton
https://www.cbc.ca/news/
Property tax cut benefits landlords, says NDP leader
CBC News · Posted: Sep 18, 2012 6:21 AM AT
New Democratic Party Leader Dominic Cardy says landlords in New
Brunswick appear to be backing away from a promise on lower rents.
Last week, the provincial government announced it is cutting property
taxes for the owners of apartment buildings, but won't force them to
pass the savings to tenants.
The NDP leader said the landlords should stand by what they said.
NDP Leader Dominic Cardy says landlords could stand behind a promise
on lower rents. (CBC)
"I think they need to go back to look at the statements they made a
few months ago," Cardy said.
"I think they need to be held to account, and the government does as
well, because they said the purpose of this was to help renters, and
instead it's going to help just the landlords, and that's not fair."
The provincial budget in March promised a gradual reduction in property taxes.
Election promise
Back then, Willy Scholten of the New Brunswick Apartment Owners
Association predicted the provincial government would force landlords
to pass on the savings.
"I would see the government not giving up the revenue without some
sort of legislation to make sure that it does happen, and we would
support that," Scholten said at the time.
Last week, Scholten no longer supported provincial government
enforcement of lower rental fees.
"We're private business, and we believe that the markets should
dictate that, so we wouldn't agree with that," he said.
Scholten said he would support enforcement if the tenant tax were
eliminated altogether, but that's not happening.
He said with other costs rising, the gradual tax reduction isn't
enough for landlords to even freeze rents.
The 2010 Progressive Conservative election platform promised that an
"easing" of the tenant tax would "benefit those living in apartments."
It now appears that promise will only be kept by landlords who choose
to honour it.
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Bruce Fitch plans overhaul of property tax system
'Spike protection' mechanism will guard against assessment hikes above 10%
CBC News · Posted: Sep 12, 2012 11:04 AM AT
Local Government Minister Bruce Fitch announced a series of property
tax reform proposals on Wednesday. (CBC)
New Brunswick homeowners will be offered a new "spike protection"
mechanism to guard against large property tax assessment hikes, Local
Government Minister Bruce Fitch announced on Wednesday.
Fitch released a discussion document on property tax reform that
called for a number of changes.
"We are fulfilling our commitment to make a fairer and more effective
property tax system," Fitch said in a statement.
As a part of the provincial government’s proposed package of reforms,
the three-per-cent property tax freeze is being lifted.
Interactive feature
Click here to find out how different communities spend their property taxes
The local government minister said homeowners will be moving back to a
market-value system where their property assessments, which are used
to calculate property taxes, can fluctuate.
Fitch said there will be a permanent exemption given for the 146,000
homeowners who took advantage of the two-year assessment cap.
For example, if a person saved $10,000 between the 2012 market value
and the 2012 capped value of their property, they will receive an
exemption for that rate. So every year when that person's property
assessment comes in, they will be exempted for $10,000.
However, when they sell their house, the new owner will pay the full
market rate.
The provincial government estimates it will take about 20 years for
all the exemptions to work their way out of the system.
As well, homeowners will be given the option of paying for their
property taxes monthly instead of in one large annual payment.
The provincial government will also introduce a mechanism to safeguard
homeowners from property tax, assessment increases of more than 10 per
cent.
Ending 'double taxation'
Another element of the property tax plan is to reduce the amount of
tax by 23 per cent that is imposed on rental properties, commercial
properties and second homes.
Building owners have complained for years they have to pass on the
extra cost to tenants.
There's also to be help for homeowners.
Fitch said he hopes the change will mean relief for tenants.
"This will help the landlords, and we expect those savings will be
passed on to the renters, to help either lower rent, improve the
quality of housing, or mitigate any planned increases in the rental
prices," Fitch said.
But the reforms announced on Wednesday will not force apartment
building owners to pass on the savings.
Owners say the tax break isn't enough to guarantee rent reductions but
it may help landlords put off rent increases.
Other elements of the property tax reform paper include:
Property tax bills will be simplified.
A new cost-sharing model for RCMP services that will more fairly
distributing costs among all users.
Minimizing the impact of these reforms on farmers, homeowners and
businesses in local service districts.
Exempting libraries from property tax.
The tax reduction doesn't go far enough, according to Willy Sholten of
the New Brunswick Apartment Owners Association.
"This will mean that we'll still be 1.8 times the single family rate
and 1.8 times the average in Canada. So there's still quite a gap. But
the government has done something and it's being portrayed as the
first phase."
But any tax reduction is good, according to Kevin Lacey, Atlantic
director of the Canadian Taxpayers Federation.
"This tax reduction will mean that those living in apartments in the
long-term will likely see a benefit. And this combined with the
government's announcement in the budget that it will freeze rental
rates is a good thing for taxpayers of the province."
The provincial government says it won't be losing money because of the
tax reductions.
It expects it'll be covered by a doubling of the real property
transfer fee in the last budget that should generate up to an extra $8
million each year.
CBC's Journalistic Standards and Practices
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 28 Jan 2021 01:25:32 +0000
Subject: Automatic reply: YO Higgy I wonder if your lawyer buddy Mr
Letson or anyone else recalls this email
To: David Amos <david.raymond.amos333@gmail.
Thank you for taking the time to write to us.
Due to the high volume of emails that we receive daily, please note
that there may be a delay in our response. Thank you for your
understanding.
If you are looking for current information on Coronavirus, please
visit www.gnb.ca/coronavirus<http://
If this is a Media Request, please contact the Premier’s office at
(506) 453-2144.
Thank you.
Bonjour,
Nous vous remercions d’avoir pris le temps de nous écrire.
Tenant compte du volume élevé de courriels que nous recevons
quotidiennement, il se peut qu’il y ait un délai dans notre réponse.
Nous vous remercions de votre compréhension.
Si vous recherchez des informations à jour sur le coronavirus,
veuillez visiter
www.gnb.ca/coronavirus<http://
S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Merci.
Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000
Fredericton, New-Brunswick/Nouveau-
E3B 5H1
Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/
---------- Oiginal message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 21:21:37 -0400
Subject: YO Higgy I wonder if your lawyer buddy Mr Letson or anyone
else recalls this email
To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Roger.L.Melanson"
<roger.l.melanson@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, peter.loewen@utoronto.ca,
jeveritt@unb.ca, "jp.lewis" <jp.lewis@unb.ca>, ddesserud
<ddesserud@upei.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
<len.hoyt@mcinnescooper.com>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>,
mletson@lawsoncreamer.com, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"robert.gauvin" <robert.gauvin@gnb.ca>, "Ross.Wetmore"
<Ross.Wetmore@gnb.ca>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 28 Jun 2019 14:48:37 -0400
Subject: Re: Yo Gerry Lowe so much for political experts EH?
To: peter.loewen@utoronto.ca, "gerry.lowe" <gerry.lowe@gnb.ca>,
mletson@lawsoncreamer.com, jeveritt@unb.ca, "jp.lewis"
<jp.lewis@unb.ca>, ddesserud <ddesserud@upei.ca>, "Kim.Poffenroth"
<Kim.Poffenroth@gnb.ca>, "Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
Cc: David Amos <david.raymond.amos333@gmail.
<Connell.Smith@cbc.ca>
'Astonishingly low' chance of PC win if rejected ballots distributed
fairly, court told
U of T professor Peter Loewen proposes statistical formulas for
distributing rejected ballots
Connell Smith · CBC News · Posted: Jun 27, 2019 6:00 AM AT
On 6/28/19, David Amos <motomaniac333@gmail.com> wrote:
>>
>> ---------- Forwarded message ----------
>> From: Sean.Fraser@parl.gc.ca
>> Date: Tue, 5 Mar 2019 16:58:02 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting the office of Sean Fraser, Member of
>> Parliament for Central Nova.
>>
>> This is to assure you that your email has arrived, and that we
>> appreciate hearing from you.
>>
>> If your matter is urgent, please contact our New Glasgow constituency
>> office toll-free at 1-844-641-5886 between the hours of 8:30-4:30pm,
>> and we will do our best to resolve your issue, or otherwise assist
>> you.
>>
>> Thank you and have a great day!
>>
>> New Glasgow
>> 2A-115 MacLean Street B2H 4M5
>> Toll-free 1-844-641-5886
>> 902-752-0226
>>
>> Antigonish
>> 200-155 Main Street B2G 2B6
>> 902-867-2919
>>
>> Ottawa
>> 110 Confederation Building K1A 0A6
>> 613-992-6022
>>
>> Facebook:
>> facebook.com/SeanFraserMP<http
>> Twitter: @SeanFraserMP<https://twitter.
>> Instagram: SeanFraserMP<https://www.
>> www.seanfrasermp.ca
>>
>> Toll free: 1-844-641-5886
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Tue, 5 Mar 2019 16:59:16 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Thank you for contacting The Globe and Mail.
>>
>> If your matter pertains to newspaper delivery or you require technical
>> support, please contact our Customer Service department at
>> 1-800-387-5400 or send an email to customerservice@globeandmail.
>>
>> If you are reporting a factual error please forward your email to
>> publiceditor@globeandmail.com<
>>
>> Letters to the Editor can be sent to letters@globeandmail.com
>>
>> This is the correct email address for requests for news coverage and
>> press releases.
>>
>>
>>
>> ---------- Original message ----------
>> From: "Hon.Ralph.Goodale (PS/SP)" <Hon.ralph.goodale@canada.ca>
>> Date: Tue, 12 Feb 2019 17:50:29 +0000
>> Subject: Automatic reply: The Honourable Thomas Albert Cromwell can
>> never deny that I tried to inform him of what the RCMP, the CBC and
>> his latest client Jody Wilson-Raybould knows Correct Me Butts?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Merci d'avoir ?crit ? l'honorable Ralph Goodale, ministre de la
>> S?curit? publique et de la Protection civile.
>> En raison d'une augmentation importante du volume de la correspondance
>> adress?e au ministre, veuillez prendre note qu'il pourrait y avoir un
>> retard dans le traitement de votre courriel. Soyez assur? que votre
>> message sera examin? avec attention.
>> Merci!
>> L'Unit? de la correspondance minist?rielle
>> S?curit? publique Canada
>> *********
>>
>> Thank you for writing to the Honourable Ralph Goodale, Minister of
>> Public Safety and Emergency Preparedness.
>> Due to the significant increase in the volume of correspondence
>> addressed to the Minister, please note there could be a delay in
>> processing your email. Rest assured that your message will be
>> carefully reviewed.
>> Thank you!
>> Ministerial Correspondence Unit
>> Public Safety Canada
>>
>>
>>
>> ---------- Original message ----------
>> From: charlie.angus@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +0000
>> Subject: Autoreply
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting my parliamentary office. This automated
>> response is to assure you that your message has been received and will
>> be reviewed as soon as possible, noting that constituents of Timmins -
>> James Bay will be given priority. Due to the high volume of
>> correspondence received, I am not able to respond personally to every
>> inquiry. In most cases, anonymous, cc'd, and forwarded items will not
>> receive a response.
>>
>> If you have submitted a request for assistance please insure you have
>> included your full name, your mailing address and daytime telephone
>> number. To reach my community offices directly, please contact:
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>> Thank you kindly,
>>
>> Charlie Angus
>>
>> Member of Parliament for Timmins - James Bay
>>
>> Je vous remercie d'avoir communiqué avec mon bureau parlementaire. La
>> présente réponse automatique vous est envoyée pour vous informer que
>> votre message a été reçu et qu'il sera examiné le plus rapidement
>> possible, la priorité étant accordée aux électeurs de Timmins - Baie
>> James. En raison du volume élevé de correspondance reçue, je ne peux
>> répondre personnellement à chaque demande. Dans la plupart des cas,
>> les lettres anonymes, copies conformes et pièces transmises resteront
>> sans réponse.
>>
>> Si vous présentez une demande d'aide, n'oubliez pas d'indiquer votre
>> nom au complet, votre adresse postale et votre numéro de téléphone
>> (jour). Pour joindre directement mes bureaux locaux, veuillez
>> composer :
>>
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>>
>> Cordiales salutations,
>>
>> Charlie Angus
>>
>> Député de Timmins - Baie James
>>
>>
>>
>> ---------- Original message ----------
>> From: Elizabeth.May@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +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<
>> 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
>>>.
>>
>> 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<
>> 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
>>
>> 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
>>
>>
>>
>>
>> ---------- Original message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 12 Feb 2019 13:50:13 -0400
>> Subject: The Honourable Thomas Albert Cromwell can never deny that I
>> tried to inform him of what the RCMP, the CBC and his latest client
>> Jody Wilson-Raybould knows Correct Me Butts?
>> To: TCromwell@blg.com, catharine.tunney@cbc.ca,
>> Jody.Wilson-Raybould@parl.gc.
>> Gerald.Butts@pmo-cpm.gc.ca, andrew.scheer@parl.gc.ca,
>> JagmeetForBurnaby@ndp.ca, maxime.bernier@parl.gc.ca,
>> charlie.angus@parl.gc.ca, elizabeth.may@parl.gc.ca,
>> Hunter.Tootoo@parl.gc.ca, tony.clement.a1@parl.gc.ca,
>> hon.ralph.goodale@canada.ca, Hon.Dominic.LeBlanc@canada.ca,
>> Larry.Tremblay@rcmp-grc.gc.ca, Gilles.Blinn@rcmp-grc.gc.ca,
>> Mark.Blakely@rcmp-grc.gc.ca, martin.gaudet@fredericton.ca
>> Cc: david.raymond.amos@gmail.com, darrow.macintyre@cbc.ca,
>> jp.lewis@unb.ca, Jacques.Poitras@cbc.ca, David.Akin@globalnews.ca,
>> steve.murphy@ctv.ca, Newsroom@globeandmail.com, news@kingscorecord.com
>>
>>
>> ---------- Original message ----------
>> From: Jody.Wilson-Raybould@parl.gc.
>> Date: Wed, 23 Jan 2019 10:07:59 +0000
>> Subject: Automatic reply: RE:: DAVID RAYMOND AMOS v. HMQ - COURT FILE
>> NO.: A-48-16 , Attn Lorri Warner have you and your bosses talked the
>> RCMP and the FBI YET???
>> To: motomaniac333@gmail.com
>>
>> Thank you for writing to the Honourable Jody Wilson-Raybould, Member
>> of Parliament for Vancouver Granville.
>>
>> This message is to acknowledge that we are in receipt of your email.
>> Due to the significant increase in the volume of correspondence, there
>> may be a delay in processing your email. Rest assured that your
>> message will be carefully reviewed.
>>
>> To help us address your concerns more quickly, please include within
>> the body of your email your full name, address, and postal code.
>>
>>
>>
>> Thank you
>>
>> -------------------
>>
>> Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de
>> Vancouver Granville.
>>
>> Le pr?sent message vise ? vous informer que nous avons re?u votre
>> courriel. En raison d'une augmentation importante du volume de
>> correspondance, il pourrait y avoir un retard dans le traitement de
>> votre courriel. Sachez que votre message sera examin? attentivement.
>>
>> Pour nous aider ? r?pondre ? vos pr?occupations plus rapidement,
>> veuillez inclure dans le corps de votre courriel votre nom complet,
>> votre adresse et votre code postal.
>>
>>
>>
>> Merci
>>
>>
>> The Honourable Thomas Albert Cromwell C.C.
>> Senior Counsel
>>
>> Phone: 604.632.3460
>> Fax: 604.662.5327
>> TCromwell@blg.com
>>
>> https://www.cbc.ca/news/
>>
>> Jody Wilson-Raybould resigns from cabinet after SNC-Lavalin allegations
>>
>> Catharine Tunney · CBC News · Posted: Feb 12, 2019 11:39 AM ET
>>
>> "Wilson-Raybould, who plans to stay on as MP for Vancouver-Granville,
>> has been quiet since the Globe and Mail story broke, saying she can't
>> comment because she's bound by solicitor-client privilege.
>>
>> In her resignation letter, she said she has retained the services of
>> lawyer Thomas Cromwell, a former justice of the Supreme Court of
>> Canada, to advise her on "topics that I am legally permitted to
>> discuss on this matter."
>>
>> In an email to CBC News, Cromwell said he would not be making any
>> statements or doing any interviews."
>>
>>
>> https://davidraymondamos3.
>>
>>
>> Tuesday, 26 February 2019
>>
>> NDP Leader Jagmeet Singh claims victory in Burnaby South byelection
>>
>>
>>
>> David Amos
>> Methinks it should be fairly obvious as to why the lawyer Melanie Joly
>> who is our current Minister of Tourism, Official Languages and La
>> Francophonie is smiling N'esy Pas?
>>
>> https://rbendayan.liberal.ca/
>>
>> "Rachel built a successful legal practice at Norton Rose Fulbright in
>> the field of litigation and international arbitration while also
>> teaching at the Faculty of Law of the Université de Montréal. She then
>> served as Chief of Staff to the federal Minister of Small Business and
>> Tourism, where she played a key role in developing the Liberal
>> government’s women’s entrepreneurship strategy"
>>
>> ---------- Original message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Sun, 10 Feb 2019 17:21:06 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> To: David Amos <david.raymond.amos333@gmail.
>>
>> Thank you for contacting The Globe and Mail.
>>
>> If your matter pertains to newspaper delivery or you require technical
>> support, please contact our Customer Service department at
>> 1-800-387-5400 or send an email to customerservice@globeandmail.
>>
>> If you are reporting a factual error please forward your email to
>> publiceditor@globeandmail.com<
>>
>> Letters to the Editor can be sent to letters@globeandmail.com
>>
>> This is the correct email address for requests for news coverage and
>> press releases.
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Premier of Ontario | Premier ministre de l’Ontario
>> <Premier@ontario.ca>
>> Date: Sun, 10 Feb 2019 17:21:05 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> To: David Amos <david.raymond.amos333@gmail.
>>
>> Thank you for your email. Your thoughts, comments and input are greatly
>> valued.
>>
>> You can be assured that all emails and letters are carefully read,
>> reviewed and taken into consideration.
>>
>> There may be occasions when, given the issues you have raised and the
>> need to address them effectively, we will forward a copy of your
>> correspondence to the appropriate government official. Accordingly, a
>> response may take several business days.
>>
>> Thanks again for your email.
>> ______
>>
>> Merci pour votre courriel. Nous vous sommes très reconnaissants de
>> nous avoir fait part de vos idées, commentaires et observations.
>>
>> Nous tenons à vous assurer que nous lisons attentivement et prenons en
>> considération tous les courriels et lettres que nous recevons.
>>
>> Dans certains cas, nous transmettrons votre message au ministère
>> responsable afin que les questions soulevées puissent être traitées de
>> la manière la plus efficace possible. En conséquence, plusieurs jours
>> ouvrables pourraient s’écouler avant que nous puissions vous répondre.
>>
>> Merci encore pour votre courriel.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: "Singh - QP, Jagmeet" <JSingh-QP@ndp.on.ca>
>> Date: Fri, 19 May 2017 16:39:35 +0000
>> Subject: Automatic reply: Re Federal Court File # T-1557-15 and the
>> upcoming hearing on May 24th I called a lot of your people before High
>> Noon today Correct Ralph Goodale and Deputy Minister Malcolm Brown?
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> For immediate assistance please contact our Brampton office at
>> 905-799-3939 or jsingh-co@ndp.on.ca
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Michael Cohen <mcohen@trumporg.com>
>> Date: Thu, 11 Jan 2018 05:54:40 +0000
>> Subject: Automatic reply: ATTN Blair Armitage You acted as the Usher
>> of the Black Rod twice while Kevin Vickers was the Sergeant-at-Arms
>> Hence you and the RCMP must know why I sued the Queen Correct?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Effective January 20, 2017, I have accepted the role as personal
>> counsel to President Donald J. Trump. All future emails should be
>> directed to mdcohen212@gmail.com and all future calls should be
>> directed to 646-853-0114.
>> ______________________________
>> This communication is from The Trump Organization or an affiliate
>> thereof and is not sent on behalf of any other individual or entity.
>> This email may contain information that is confidential and/or
>> proprietary. Such information may not be read, disclosed, used,
>> copied, distributed or disseminated except (1) for use by the intended
>> recipient or (2) as expressly authorized by the sender. If you have
>> received this communication in error, please immediately delete it and
>> promptly notify the sender. E-mail transmission cannot be guaranteed
>> to be received, secure or error-free as emails could be intercepted,
>> corrupted, lost, destroyed, arrive late, incomplete, contain viruses
>> or otherwise. The Trump Organization and its affiliates do not
>> guarantee that all emails will be read and do not accept liability for
>> any errors or omissions in emails. Any views or opinions presented in
>> any email are solely those of the author and do not necessarily
>> represent those of The Trump Organization or any of its affiliates.
>> Nothing in this communication is intended to operate as an electronic
>> signature under applicable law.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Justice Website <JUSTWEB@novascotia.ca>
>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>> Subject: Emails to Department of Justice and Province of Nova Scotia
>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>
>> Mr. Amos,
>> We acknowledge receipt of your recent emails to the Deputy Minister of
>> Justice and lawyers within the Legal Services Division of the
>> Department of Justice respecting a possible claim against the Province
>> of Nova Scotia. Service of any documents respecting a legal claim
>> against the Province of Nova Scotia may be served on the Attorney
>> General at 1690 Hollis Street, Halifax, NS. Please note that we will
>> not be responding to further emails on this matter.
>>
>> Department of Justice
>>
>>
>> ---------- Forwarded message ----------
>> From: "Eidt, David (OAG/CPG)" <David.Eidt@gnb.ca>
>> Date: Wed, 1 Mar 2017 00:33:21 +0000
>> Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
>> would not file this motion and properly witnessed affidavit and why
>> did she take all four copies?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until Monday, March 13, 2017. I will have
>> little to no access to email. Please dial 453-2222 for assistance.
>>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.
>> Date: Fri, 12 Aug 2016 13:16:46 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until August 15, 2016. Je serai absent du
>> bureau jusqu'au 15 août 2016.
>>
>>
>>
>>
>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>>> To: coi@gnb.ca
>>> Cc: david.raymond.amos@gmail.com
>>>
>>> Good Day Sir
>>>
>>> After I heard you speak on CBC I called your office again and managed
>>> to speak to one of your staff for the first time
>>>
>>> Please find attached the documents I promised to send to the lady who
>>> answered the phone this morning. Please notice that not after the Sgt
>>> at Arms took the documents destined to your office his pal Tanker
>>> Malley barred me in writing with an "English" only document.
>>>
>>> These are the hearings and the dockets in Federal Court that I
>>> suggested that you study closely.
>>>
>>> This is the docket in Federal Court
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>> These are digital recordings of the last three hearings
>>>
>>> Dec 14th https://archive.org/details/
>>>
>>> January 11th, 2016 https://archive.org/details/
>>>
>>> April 3rd, 2017
>>>
>>> https://archive.org/details/
>>>
>>>
>>> This is the docket in the Federal Court of Appeal
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>>
>>> The only hearing thus far
>>>
>>> May 24th, 2017
>>>
>>> https://archive.org/details/
>>>
>>>
>>> This Judge understnds the meaning of the word Integrity
>>>
>>> Date: 20151223
>>>
>>> Docket: T-1557-15
>>>
>>> Fredericton, New Brunswick, December 23, 2015
>>>
>>> PRESENT: The Honourable Mr. Justice Bell
>>>
>>> BETWEEN:
>>>
>>> DAVID RAYMOND AMOS
>>>
>>> Plaintiff
>>>
>>> and
>>>
>>> HER MAJESTY THE QUEEN
>>>
>>> Defendant
>>>
>>> ORDER
>>>
>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>>> December 14, 2015)
>>>
>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>>> in its entirety.
>>>
>>> At the outset of the hearing, the Plaintiff brought to my attention a
>>> letter dated September 10, 2004, which he sent to me, in my then
>>> capacity as Past President of the New Brunswick Branch of the Canadian
>>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>>> he stated:
>>>
>>> As for your past President, Mr. Bell, may I suggest that you check the
>>> work of Frank McKenna before I sue your entire law firm including you.
>>> You are your brother’s keeper.
>>>
>>> Frank McKenna is the former Premier of New Brunswick and a former
>>> colleague of mine at the law firm of McInnes Cooper. In addition to
>>> expressing an intention to sue me, the Plaintiff refers to a number of
>>> people in his Motion Record who he appears to contend may be witnesses
>>> or potential parties to be added. Those individuals who are known to
>>> me personally, include, but are not limited to the former Prime
>>> Minister of Canada, The Right Honourable Stephen Harper; former
>>> Attorney General of Canada and now a Justice of the Manitoba Court of
>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>>> former Director of Policing Services, the late Grant Garneau; former
>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>>> Police.
>>>
>>> In the circumstances, given the threat in 2004 to sue me in my
>>> personal capacity and my past and present relationship with many
>>> potential witnesses and/or potential parties to the litigation, I am
>>> of the view there would be a reasonable apprehension of bias should I
>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>>> Committee for Justice and Liberty et al v National Energy Board et al,
>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>>> allegations of bias. In the circumstances, although neither party has
>>> requested I recuse myself, I consider it appropriate that I do so.
>>>
>>>
>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>>> the Court schedule another date for the hearing of the motion. There
>>> is no order as to costs.
>>>
>>> “B. Richard Bell”
>>> Judge
>>>
>>>
>>> Below after the CBC article about your concerns (I made one comment
>>> already) you will find the text of just two of many emails I had sent
>>> to your office over the years since I first visited it in 2006.
>>>
>>> I noticed that on July 30, 2009, he was appointed to the the Court
>>> Martial Appeal Court of Canada Perhaps you should scroll to the
>>> bottom of this email ASAP and read the entire Paragraph 83 of my
>>> lawsuit now before the Federal Court of Canada?
>>>
>>> "FYI This is the text of the lawsuit that should interest Trudeau the
>>> most
>>>
>>>
>>> ---------- Original message ----------
>>> From: justin.trudeau.a1@parl.gc.ca
>>> Date: Thu, Oct 22, 2015 at 8:18 PM
>>> Subject: Réponse automatique : RE My complaint against the CROWN in
>>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>>> submit a motion for a publication ban on my complaint trust that you
>>> dudes are way past too late
>>> To: david.raymond.amos@gmail.com
>>>
>>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
>>> lalanthier@hotmail.com
>>>
>>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Please note that I changed email address, you can reach me at
>>> lalanthier@hotmail.com
>>>
>>> To reach the office of Mr. Trudeau please send an email to
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Thank you,
>>>
>>> Merci ,
>>>
>>>
>>> http://davidraymondamos3.
>>>
>>>
>>> 83. The Plaintiff states that now that Canada is involved in more war
>>> in Iraq again it did not serve Canadian interests and reputation to
>>> allow Barry Winters to publish the following words three times over
>>> five years after he began his bragging:
>>>
>>> January 13, 2015
>>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>>
>>> December 8, 2014
>>> Why Canada Stood Tall!
>>>
>>> Friday, October 3, 2014
>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>>> Stupid Justin Trudeau
>>>
>>> Canada’s and Canadians free ride is over. Canada can no longer hide
>>> behind Amerka’s and NATO’s skirts.
>>>
>>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>>> actually committed the Canadian Army to deploy in the second campaign
>>> in Iraq, the Coalition of the Willing. This was against or contrary to
>>> the wisdom or advice of those of us Canadian officers that were
>>> involved in the initial planning phases of that operation. There were
>>> significant concern in our planning cell, and NDHQ about of the dearth
>>> of concern for operational guidance, direction, and forces for
>>> operations after the initial occupation of Iraq. At the “last minute”
>>> Prime Minister Chretien and the Liberal government changed its mind.
>>> The Canadian government told our amerkan cousins that we would not
>>> deploy combat troops for the Iraq campaign, but would deploy a
>>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>>> incompetence and stupidity, the Canadian Army was heroic,
>>> professional, punched well above it’s weight, and the PPCLI Battle
>>> Group, is credited with “saving Afghanistan” during the Panjway
>>> campaign of 2006.
>>>
>>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>>> Liberal Prime Minister Jean Chretien committed, and deployed the
>>> Canadian army to Canada’s longest “war” without the advice, consent,
>>> support, or vote of the Canadian Parliament.
>>>
>>> What David Amos and the rest of the ignorant, uneducated, and babbling
>>> chattering classes are too addled to understand is the deployment of
>>> less than 75 special operations troops, and what is known by planners
>>> as a “six pac cell” of fighter aircraft is NOT the same as a
>>> deployment of a Battle Group, nor a “war” make.
>>>
>>> The Canadian Government or The Crown unlike our amerkan cousins have
>>> the “constitutional authority” to commit the Canadian nation to war.
>>> That has been recently clearly articulated to the Canadian public by
>>> constitutional scholar Phillippe Legasse. What Parliament can do is
>>> remove “confidence” in The Crown’s Government in a “vote of
>>> non-confidence.” That could not happen to the Chretien Government
>>> regarding deployment to Afghanistan, and it won’t happen in this
>>> instance with the conservative majority in The Commons regarding a
>>> limited Canadian deployment to the Middle East.
>>>
>>> President George Bush was quite correct after 911 and the terror
>>> attacks in New York; that the Taliban “occupied” and “failed state”
>>> Afghanistan was the source of logistical support, command and control,
>>> and training for the Al Quaeda war of terror against the world. The
>>> initial defeat, and removal from control of Afghanistan was vital and
>>>
>>> P.S. Whereas this CBC article is about your opinion of the actions of
>>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>>> had my files for many years and the last thing they are is ethical.
>>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>> January 30, 2007
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP “J” Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
>>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have not
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off
>>> over the holidays and returned to work this evening. Rest assured I
>>> was not ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear
>>> that Federal authorities are aware of your concerns both in Canada
>>> the US. These issues do not fall into the purvue of Detachment
>>> and policing in Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>>
>>>
>>> Alexandre Deschênes, Q.C.,
>>> Office of the Integrity Commissioner
>>> Edgecombe House, 736 King Street
>>> Fredericton, N.B. CANADA E3B 5H1
>>> tel.: 506-457-7890
>>> fax: 506-444-5224
>>> e-mail:coi@gnb.ca
>>>
>>
>>
>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>
>>> If want something very serious to download and laugh at as well Please
>>> Enjoy and share real wiretap tapes of the mob
>>>
>>> http://thedavidamosrant.
>>> ilian.html
>>>
>>>> http://www.cbc.ca/news/world/
>>>>
>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>>
>>>> http://www.youtube.com/watch?
>>>>
>>>> What the hell does the media think my Yankee lawyer served upon the
>>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>>> cards?
>>>>
>>>> http://archive.org/details/
>>>> 6
>>>>
>>>> http://davidamos.blogspot.ca/
>>>>
>>>> http://www.archive.org/
>>>>
>>>> http://archive.org/details/
>>>>
>>>> FEDERAL EXPRES February 7, 2006
>>>> Senator Arlen Specter
>>>> United States Senate
>>>> Committee on the Judiciary
>>>> 224 Dirksen Senate Office Building
>>>> Washington, DC 20510
>>>>
>>>> Dear Mr. Specter:
>>>>
>>>> I have been asked to forward the enclosed tapes to you from a man
>>>> named, David Amos, a Canadian citizen, in connection with the matters
>>>> raised in the attached letter.
>>>>
>>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>>> tapes.
>>>>
>>>> I believe Mr. Amos has been in contact with you about this previously.
>>>>
>>>> Very truly yours,
>>>> Barry A. Bachrach
>>>> Direct telephone: (508) 926-3403
>>>> Direct facsimile: (508) 929-3003
>>>> Email: bbachrach@bowditch.com
>>>>
>>>
>>
>> http://davidraymondamos3.
>>
>>
>> Sunday, 19 November 2017
>> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
>> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
>> The Supreme Court
>>
>> https://decisions.fct-cf.gc.
>>
>>
>> Federal Court of Appeal Decisions
>>
>> Amos v. Canada
>> Court (s) Database
>>
>> Federal Court of Appeal Decisions
>> Date
>>
>> 2017-10-30
>> Neutral citation
>>
>> 2017 FCA 213
>> File numbers
>>
>> A-48-16
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> Heard at Fredericton, New Brunswick, on May 24, 2017.
>> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
>> REASONS FOR JUDGMENT BY:
>>
>> THE COURT
>>
>>
>>
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> REASONS FOR JUDGMENT BY THE COURT
>>
>> I. Introduction
>>
>> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
>> filed a 53-page Statement of Claim (the Claim) in Federal Court
>> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
>> in damages and a public apology from the Prime Minister and Provincial
>> Premiers for being illegally barred from accessing parliamentary
>> properties and seeks a declaration from the Minister of Public Safety
>> that the Canadian Government will no longer allow the Royal Canadian
>> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
>> (Claim at para. 96).
>>
>> [2] On November 12, 2015 (Docket T-1557-15), by way of a
>> motion brought by the Crown, a prothonotary of the Federal Court (the
>> Prothonotary) struck the Claim in its entirety, without leave to
>> amend, on the basis that it was plain and obvious that the Claim
>> disclosed no reasonable claim, the Claim was fundamentally vexatious,
>> and the Claim could not be salvaged by way of further amendment (the
>> Prothontary’s Order).
>>
>>
>> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
>> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
>> Court (the Judge), reviewing the matter de novo, struck all of Mr.
>> Amos’ claims for relief with the exception of the claim for damages
>> for being barred by the RCMP from the New Brunswick legislature in
>> 2004 (the Federal Court Judgment).
>>
>>
>> [4] Mr. Amos appealed and the Crown cross-appealed the
>> Federal Court Judgment. Further to the issuance of a Notice of Status
>> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
>> As such, the only matter before this Court is the Crown’s
>> cross-appeal.
>>
>>
>> II. Preliminary Matter
>>
>> [5] Mr. Amos, in his memorandum of fact and law in
>> relation to the cross-appeal that was filed with this Court on March
>> 6, 2017, indicated that several judges of this Court, including two of
>> the judges of this panel, had a conflict of interest in this appeal.
>> This was the first time that he identified the judges whom he believed
>> had a conflict of interest in a document that was filed with this
>> Court. In his notice of appeal he had alluded to a conflict with
>> several judges but did not name those judges.
>>
>> [6] Mr. Amos was of the view that he did not have to
>> identify the judges in any document filed with this Court because he
>> had identified the judges in various documents that had been filed
>> with the Federal Court. In his view the Federal Court and the Federal
>> Court of Appeal are the same court and therefore any document filed in
>> the Federal Court would be filed in this Court. This view is based on
>> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
>> c. F-7:
>>
>>
>> 5(4) Every judge of the Federal Court is, by virtue of his or her
>> office, a judge of the Federal Court of Appeal and has all the
>> jurisdiction, power and authority of a judge of the Federal Court of
>> Appeal.
>> […]
>>
>> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
>> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
>> les juges de la Cour d’appel fédérale.
>> […]
>> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
>> that office, a judge of the Federal Court and has all the
>> jurisdiction, power and authority of a judge of the Federal Court.
>>
>> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
>> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
>> juges de la Cour fédérale.
>>
>>
>> [7] However, these subsections only provide that the
>> judges of the Federal Court are also judges of this Court (and vice
>> versa). It does not mean that there is only one court. If the Federal
>> Court and this Court were one Court, there would be no need for this
>> section.
>> [8] Sections 3 and 4 of the Federal Courts Act provide
>> that:
>> 3 The division of the Federal Court of Canada called the Federal Court
>> — Appeal Division is continued under the name “Federal Court of
>> Appeal” in English and “Cour d’appel fédérale” in French. It is
>> continued as an additional court of law, equity and admiralty in and
>> for Canada, for the better administration of the laws of Canada and as
>> a superior court of record having civil and criminal jurisdiction.
>>
>> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
>> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
>> français et « Federal Court of Appeal » en anglais. Elle est maintenue
>> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
>> Canada, propre à améliorer l’application du droit canadien, et
>> continue d’être une cour supérieure d’archives ayant compétence en
>> matière civile et pénale.
>> 4 The division of the Federal Court of Canada called the Federal Court
>> — Trial Division is continued under the name “Federal Court” in
>> English and “Cour fédérale” in French. It is continued as an
>> additional court of law, equity and admiralty in and for Canada, for
>> the better administration of the laws of Canada and as a superior
>> court of record having civil and criminal jurisdiction.
>>
>> 4 La section de la Cour fédérale du Canada, appelée la Section de
>> première instance de la Cour fédérale, est maintenue et dénommée «
>> Cour fédérale » en français et « Federal Court » en anglais. Elle est
>> maintenue à titre de tribunal additionnel de droit, d’equity et
>> d’amirauté du Canada, propre à améliorer l’application du droit
>> canadien, et continue d’être une cour supérieure d’archives ayant
>> compétence en matière civile et pénale.
>>
>>
>> [9] Sections 3 and 4 of the Federal Courts Act create
>> two separate courts – this Court (section 3) and the Federal Court
>> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
>> Court were automatically also filed in this Court, then there would no
>> need for the parties to prepare and file appeal books as required by
>> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
>> to any appeal from a decision of the Federal Court. The requirement to
>> file an appeal book with this Court in relation to an appeal from a
>> decision of the Federal Court makes it clear that the only documents
>> that will be before this Court are the documents that are part of that
>> appeal book.
>>
>>
>> [10] Therefore, the memorandum of fact and law filed on
>> March 6, 2017 is the first document, filed with this Court, in which
>> Mr. Amos identified the particular judges that he submits have a
>> conflict in any matter related to him.
>>
>>
>> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
>> before the Federal Court seeking an order “affirming or denying the
>> conflict of interest he has” with a number of judges of the Federal
>> Court. A judge of the Federal Court issued a direction noting that if
>> Mr. Amos was seeking this order in relation to judges of the Federal
>> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
>> Mr. Amos raised the Federal Court motion at the hearing of this
>> cross-appeal. The Federal Court motion is not a motion before this
>> Court and, as such, the submissions filed before the Federal Court
>> will not be entertained. As well, since this was a motion brought
>> before the Federal Court (and not this Court), any documents filed in
>> relation to that motion are not part of the record of this Court.
>>
>>
>> [12] During the hearing of the appeal Mr. Amos alleged that
>> the third member of this panel also had a conflict of interest and
>> submitted some documents that, in his view, supported his claim of a
>> conflict. Mr. Amos, following the hearing of his appeal, was also
>> afforded the opportunity to provide a brief summary of the conflict
>> that he was alleging and to file additional documents that, in his
>> view, supported his allegations. Mr. Amos submitted several pages of
>> documents in relation to the alleged conflicts. He organized the
>> documents by submitting a copy of the biography of the particular
>> judge and then, immediately following that biography, by including
>> copies of the documents that, in his view, supported his claim that
>> such judge had a conflict.
>>
>>
>> [13] The nature of the alleged conflict of Justice Webb is
>> that before he was appointed as a Judge of the Tax Court of Canada in
>> 2006, he was a partner with the law firm Patterson Law, and before
>> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
>> had a number of disputes with Patterson Palmer and Patterson Law and
>> therefore Justice Webb has a conflict simply because he was a partner
>> of these firms. Mr. Amos is not alleging that Justice Webb was
>> personally involved in or had any knowledge of any matter in which Mr.
>> Amos was involved with Justice Webb’s former law firm – only that he
>> was a member of such firm.
>>
>>
>> [14] During his oral submissions at the hearing of his
>> appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
>> focused on dealings between himself and a particular lawyer at
>> Patterson Law. However, none of the documents submitted by Mr. Amos at
>> the hearing or subsequently related to any dealings with this
>> particular lawyer nor is it clear when Mr. Amos was dealing with this
>> lawyer. In particular, it is far from clear whether such dealings were
>> after the time that Justice Webb was appointed as a Judge of the Tax
>> Court of Canada over 10 years ago.
>>
>>
>> [15] The documents that he submitted in relation to the
>> alleged conflict for Justice Webb largely relate to dealings between
>> Byron Prior and the St. John’s Newfoundland and Labrador office of
>> Patterson Palmer, which is not in the same province where Justice Webb
>> practiced law. The only document that indicates any dealing between
>> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
>> who was a partner in the St. John’s NL office of Patterson Palmer. The
>> affidavit is dated January 24, 2005 and refers to a number of e-mails
>> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
>> letter that is addressed to four individuals, one of whom is John
>> Crosbie who was counsel to the St. John’s NL office of Patterson
>> Palmer. The letter is dated September 2, 2004 and is addressed to
>> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
>> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
>> possible lawsuit against Patterson Palmer.
>> [16] Mr. Amos’ position is that simply because Justice Webb
>> was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
>> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
>> 259, the Supreme Court of Canada noted that disqualification of a
>> judge is to be determined based on whether there is a reasonable
>> apprehension of bias:
>> 60 In Canadian law, one standard has now emerged as the
>> criterion for disqualification. The criterion, as expressed by de
>> Grandpré J. in Committee for Justice and Liberty v. National Energy
>> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
>> reasonable apprehension of bias:
>> … the apprehension of bias must be a reasonable one, held by
>> reasonable and right minded persons, applying themselves to the
>> question and obtaining thereon the required information. In the words
>> of the Court of Appeal, that test is "what would an informed person,
>> viewing the matter realistically and practically -- and having thought
>> the matter through -- conclude. Would he think that it is more likely
>> than not that [the decision-maker], whether consciously or
>> unconsciously, would not decide fairly."
>>
>> [17] The issue to be determined is whether an informed
>> person, viewing the matter realistically and practically, and having
>> thought the matter through, would conclude that Mr. Amos’ allegations
>> give rise to a reasonable apprehension of bias. As this Court has
>> previously remarked, “there is a strong presumption that judges will
>> administer justice impartially” and this presumption will not be
>> rebutted in the absence of “convincing evidence” of bias (Collins v.
>> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
>> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
>> (4th) 193).
>>
>> [18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
>> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
>> Court of Canada refused, 32285 (August 1, 2007)), addressed the
>> particular issue of whether a judge is disqualified from hearing a
>> case simply because he had been a member of a law firm that was
>> involved in the litigation that was now before that judge. The Ontario
>> Court of Appeal determined that the judge was not disqualified if the
>> judge had no involvement with the person or the matter when he was a
>> lawyer. The Ontario Court of Appeal also explained that the rules for
>> determining whether a judge is disqualified are different from the
>> rules to determine whether a lawyer has a conflict:
>> 27 Thus, disqualification is not the natural corollary to a
>> finding that a trial judge has had some involvement in a case over
>> which he or she is now presiding. Where the judge had no involvement,
>> as here, it cannot be said that the judge is disqualified.
>>
>>
>> 28 The point can rightly be made that had Mr. Patterson been
>> asked to represent the appellant as counsel before his appointment to
>> the bench, the conflict rules would likely have prevented him from
>> taking the case because his firm had formerly represented one of the
>> defendants in the case. Thus, it is argued how is it that as a trial
>> judge Patterson J. can hear the case? This issue was considered by the
>> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
>> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
>> there is no inflexible rule governing the disqualification of a judge
>> and that, "[e]verything depends on the circumstances."
>>
>>
>> 29 It seems to me that what appears at first sight to be an
>> inconsistency in application of rules can be explained by the
>> different contexts and in particular, the strong presumption of
>> judicial impartiality that applies in the context of disqualification
>> of a judge. There is no such presumption in cases of allegations of
>> conflict of interest against a lawyer because of a firm's previous
>> involvement in the case. To the contrary, as explained by Sopinka J.
>> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
>> for sound policy reasons there is a presumption of a disqualifying
>> interest that can rarely be overcome. In particular, a conclusory
>> statement from the lawyer that he or she had no confidential
>> information about the case will never be sufficient. The case is the
>> opposite where the allegation of bias is made against a trial judge.
>> His or her statement that he or she knew nothing about the case and
>> had no involvement in it will ordinarily be accepted at face value
>> unless there is good reason to doubt it: see Locabail, at para. 19.
>>
>>
>> 30 That brings me then to consider the particular circumstances
>> of this case and whether there are serious grounds to find a
>> disqualifying conflict of interest in this case. In my view, there are
>> two significant factors that justify the trial judge's decision not to
>> recuse himself. The first is his statement, which all parties accept,
>> that he knew nothing of the case when it was in his former firm and
>> that he had nothing to do with it. The second is the long passage of
>> time. As was said in Wewaykum, at para. 85:
>> To us, one significant factor stands out, and must inform
>> the perspective of the reasonable person assessing the impact of this
>> involvement on Binnie J.'s impartiality in the appeals. That factor is
>> the passage of time. Most arguments for disqualification rest on
>> circumstances that are either contemporaneous to the decision-making,
>> or that occurred within a short time prior to the decision-making.
>> 31 There are other factors that inform the issue. The Wilson
>> Walker firm no longer acted for any of the parties by the time of
>> trial. More importantly, at the time of the motion, Patterson J. had
>> been a judge for six years and thus had not had a relationship with
>> his former firm for a considerable period of time.
>>
>>
>> 32 In my view, a reasonable person, viewing the matter
>> realistically would conclude that the trial judge could deal fairly
>> and impartially with this case. I take this view principally because
>> of the long passage of time and the trial judge's lack of involvement
>> in or knowledge of the case when the Wilson Walker firm had carriage.
>> In these circumstances it cannot be reasonably contended that the
>> trial judge could not remain impartial in the case. The mere fact that
>> his name appears on the letterhead of some correspondence from over a
>> decade ago would not lead a reasonable person to believe that he would
>> either consciously or unconsciously favour his former firm's former
>> client. It is simply not realistic to think that a judge would throw
>> off his mantle of impartiality, ignore his oath of office and favour a
>> client - about whom he knew nothing - of a firm that he left six years
>> earlier and that no longer acts for the client, in a case involving
>> events from over a decade ago.
>> (emphasis added)
>>
>> [19] Justice Webb had no involvement with any matter
>> involving Mr. Amos while he was a member of Patterson Palmer or
>> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
>> clear during the hearing of this matter that the only reason for the
>> alleged conflict for Justice Webb was that he was a member of
>> Patterson Law and Patterson Palmer. This is simply not enough for
>> Justice Webb to be disqualified. Any involvement of Mr. Amos with
>> Patterson Law while Justice Webb was a member of that firm would have
>> had to occur over 10 years ago and even longer for the time when he
>> was a member of Patterson Palmer. In addition to the lack of any
>> involvement on his part with any matter or dispute that Mr. Amos had
>> with Patterson Law or Patterson Palmer (which in and of itself is
>> sufficient to dispose of this matter), the length of time since
>> Justice Webb was a member of Patterson Law or Patterson Palmer would
>> also result in the same finding – that there is no conflict in Justice
>> Webb hearing this appeal.
>>
>> [20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
>> (2d) 260, the Manitoba Court of Appeal found that there was no
>> reasonable apprehension of bias when a judge, who had been a member of
>> the law firm that had been retained by the accused, had no involvement
>> with the accused while he was a lawyer with that firm.
>>
>> [21] In Del Zotto v. Minister of National Revenue, [2000] 4
>> F.C. 321, 257 N.R. 96, this court did find that there would be a
>> reasonable apprehension of bias where a judge, who while he was a
>> lawyer, had recorded time on a matter involving the same person who
>> was before that judge. However, this case can be distinguished as
>> Justice Webb did not have any time recorded on any files involving Mr.
>> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
>>
>> [22] Mr. Amos also included with his submissions a CD. He
>> stated in his affidavit dated June 26, 2017 that there is a “true copy
>> of an American police surveillance wiretap entitled 139” on this CD.
>> He has also indicated that he has “provided a true copy of the CD
>> entitled 139 to many American and Canadian law enforcement authorities
>> and not one of the police forces or officers of the court are willing
>> to investigate it”. Since he has indicated that this is an “American
>> police surveillance wiretap”, this is a matter for the American law
>> enforcement authorities and cannot create, as Mr. Amos suggests, a
>> conflict of interest for any judge to whom he provides a copy.
>>
>> [23] As a result, there is no conflict or reasonable
>> apprehension of bias for Justice Webb and therefore, no reason for him
>> to recuse himself.
>>
>> [24] Mr. Amos alleged that Justice Near’s past professional
>> experience with the government created a “quasi-conflict” in deciding
>> the cross-appeal. Mr. Amos provided no details and Justice Near
>> confirmed that he had no prior knowledge of the matters alleged in the
>> Claim. Justice Near sees no reason to recuse himself.
>>
>> [25] Insofar as it is possible to glean the basis for Mr.
>> Amos’ allegations against Justice Gleason, it appears that he alleges
>> that she is incapable of hearing this appeal because he says he wrote
>> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
>> both Justice Gleason and Mr. Mulroney were partners in the law firm
>> Ogilvy Renault, LLP. The letter in question, which is rude and angry,
>> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
>> you and your little dogs too”. There is no indication that the letter
>> was ever responded to or that a law suit was ever commenced by Mr.
>> Amos against Mr. Mulroney. In the circumstances, there is no reason
>> for Justice Gleason to recuse herself as the letter in question does
>> not give rise to a reasonable apprehension of bias.
>>
>>
>> III. Issue
>>
>> [26] The issue on the cross-appeal is as follows: Did the
>> Judge err in setting aside the Prothonotary’s Order striking the Claim
>> in its entirety without leave to amend and in determining that Mr.
>> Amos’ allegation that the RCMP barred him from the New Brunswick
>> legislature in 2004 was capable of supporting a cause of action?
>>
>> IV. Analysis
>>
>> A. Standard of Review
>>
>> [27] Following the Judge’s decision to set aside the
>> Prothonotary’s Order, this Court revisited the standard of review to
>> be applied to discretionary decisions of prothonotaries and decisions
>> made by judges on appeals of prothonotaries’ decisions in Hospira
>> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
>> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
>> this Court replaced the Aqua-Gem standard of review with that
>> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
>> [Housen]. As a result, it is no longer appropriate for the Federal
>> Court to conduct a de novo review of a discretionary order made by a
>> prothonotary in regard to questions vital to the final issue of the
>> case. Rather, a Federal Court judge can only intervene on appeal if
>> the prothonotary made an error of law or a palpable and overriding
>> error in determining a question of fact or question of mixed fact and
>> law (Hospira at para. 79). Further, this Court can only interfere with
>> a Federal Court judge’s review of a prothonotary’s discretionary order
>> if the judge made an error of law or palpable and overriding error in
>> determining a question of fact or question of mixed fact and law
>> (Hospira at paras. 82-83).
>>
>> [28] In the case at bar, the Judge substituted his own
>> assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
>> must look to the Prothonotary’s Order to determine whether the Judge
>> erred in law or made a palpable and overriding error in choosing to
>> interfere.
>>
>>
>> B. Did the Judge err in interfering with the
>> Prothonotary’s Order?
>>
>> [29] The Prothontoary’s Order accepted the following
>> paragraphs from the Crown’s submissions as the basis for striking the
>> Claim in its entirety without leave to amend:
>>
>> 17. Within the 96 paragraph Statement of Claim, the Plaintiff
>> addresses his complaint in paragraphs 14-24, inclusive. All but four
>> of those paragraphs are dedicated to an incident that occurred in 2006
>> in and around the legislature in New Brunswick. The jurisdiction of
>> the Federal Court does not extend to Her Majesty the Queen in right of
>> the Provinces. In any event, the Plaintiff hasn’t named the Province
>> or provincial actors as parties to this action. The incident alleged
>> does not give rise to a justiciable cause of action in this Court.
>> (…)
>>
>>
>> 21. The few paragraphs that directly address the Defendant
>> provide no details as to the individuals involved or the location of
>> the alleged incidents or other details sufficient to allow the
>> Defendant to respond. As a result, it is difficult or impossible to
>> determine the causes of action the Plaintiff is attempting to advance.
>> A generous reading of the Statement of Claim allows the Defendant to
>> only speculate as to the true and/or intended cause of action. At
>> best, the Plaintiff’s action may possibly be summarized as: he
>> suspects he is barred from the House of Commons.
>> [footnotes omitted].
>>
>>
>> [30] The Judge determined that he could not strike the Claim
>> on the same jurisdictional basis as the Prothonotary. The Judge noted
>> that the Federal Court has jurisdiction over claims based on the
>> liability of Federal Crown servants like the RCMP and that the actors
>> who barred Mr. Amos from the New Brunswick legislature in 2004
>> included the RCMP (Federal Court Judgment at para. 23). In considering
>> the viability of these allegations de novo, the Judge identified
>> paragraph 14 of the Claim as containing “some precision” as it
>> identifies the date of the event and a RCMP officer acting as
>> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
>> para. 27).
>>
>>
>> [31] The Judge noted that the 2004 event could support a
>> cause of action in the tort of misfeasance in public office and
>> identified the elements of the tort as excerpted from Meigs v. Canada,
>> 2013 FC 389, 431 F.T.R. 111:
>>
>>
>> [13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
>> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
>> determine whether the plaintiffs’ statement of claim pleads each
>> element of the alleged tort of misfeasance in public office:
>>
>> a) The public officer must have engaged in deliberate and unlawful
>> conduct in his or her capacity as public officer;
>>
>> b) The public officer must have been aware both that his or her
>> conduct was unlawful and that it was likely to harm the plaintiff; and
>>
>> c) There must be an element of bad faith or dishonesty by the public
>> officer and knowledge of harm alone is insufficient to conclude that a
>> public officer acted in bad faith or dishonestly.
>> Odhavji, above, at paras 23, 24 and 28
>> (Federal Court Judgment at para. 28).
>>
>> [32] The Judge determined that Mr. Amos disclosed sufficient
>> material facts to meet the elements of the tort of misfeasance in
>> public office because the actors, who barred him from the New
>> Brunswick legislature in 2004, including the RCMP, did so for
>> “political reasons” (Federal Court Judgment at para. 29).
>>
>> [33] This Court’s discussion of the sufficiency of pleadings
>> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
>> D.L.R (4th) 301 is particularly apt:
>>
>> …When pleading bad faith or abuse of power, it is not enough to
>> assert, baldly, conclusory phrases such as “deliberately or
>> negligently,” “callous disregard,” or “by fraud and theft did steal”.
>> “The bare assertion of a conclusion upon which the court is called
>> upon to pronounce is not an allegation of material fact”. Making bald,
>> conclusory allegations without any evidentiary foundation is an abuse
>> of process…
>>
>> To this, I would add that the tort of misfeasance in public office
>> requires a particular state of mind of a public officer in carrying
>> out the impunged action, i.e., deliberate conduct which the public
>> officer knows to be inconsistent with the obligations of his or her
>> office. For this tort, particularization of the allegations is
>> mandatory. Rule 181 specifically requires particularization of
>> allegations of “breach of trust,” “wilful default,” “state of mind of
>> a person,” “malice” or “fraudulent intention.”
>> (at paras. 34-35, citations omitted).
>>
>> [34] Applying the Housen standard of review to the
>> Prothonotary’s Order, we are of the view that the Judge interfered
>> absent a legal or palpable and overriding error.
>>
>> [35] The Prothonotary determined that Mr. Amos’ Claim
>> disclosed no reasonable claim and was fundamentally vexatious on the
>> basis of jurisdictional concerns and the absence of material facts to
>> ground a cause of action. Paragraph 14 of the Claim, which addresses
>> the 2004 event, pleads no material facts as to how the RCMP officer
>> engaged in deliberate and unlawful conduct, knew that his or her
>> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
>> faith. While the Claim alleges elsewhere that Mr. Amos was barred from
>> the New Brunswick legislature for political and/or malicious reasons,
>> these allegations are not particularized and are directed against
>> non-federal actors, such as the Sergeant-at-Arms of the Legislative
>> Assembly of New Brunswick and the Fredericton Police Force. As such,
>> the Judge erred in determining that Mr. Amos’ allegation that the RCMP
>> barred him from the New Brunswick legislature in 2004 was capable of
>> supporting a cause of action.
>>
>> [36] In our view, the Claim is made up entirely of bare
>> allegations, devoid of any detail, such that it discloses no
>> reasonable cause of action within the jurisdiction of the Federal
>> Courts. Therefore, the Judge erred in interfering to set aside the
>> Prothonotary’s Order striking the claim in its entirety. Further, we
>> find that the Prothonotary made no error in denying leave to amend.
>> The deficiencies in Mr. Amos’ pleadings are so extensive such that
>> amendment could not cure them (see Collins at para. 26).
>>
>> V. Conclusion
>> [37] For the foregoing reasons, we would allow the Crown’s
>> cross-appeal, with costs, setting aside the Federal Court Judgment,
>> dated January 25, 2016 and restoring the Prothonotary’s Order, dated
>> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
>> without leave to amend.
>> "Wyman W. Webb"
>> J.A.
>> "David G. Near"
>> J.A.
>> "Mary J.L. Gleason"
>> J.A.
>>
>>
>>
>> FEDERAL COURT OF APPEAL
>> NAMES OF COUNSEL AND SOLICITORS OF RECORD
>>
>> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
>> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
>> DOCKET:
>>
>> A-48-16
>>
>>
>>
>> STYLE OF CAUSE:
>>
>> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
>>
>>
>>
>> PLACE OF HEARING:
>>
>> Fredericton,
>> New Brunswick
>>
>> DATE OF HEARING:
>>
>> May 24, 2017
>>
>> REASONS FOR JUDGMENT OF THE COURT BY:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>> DATED:
>>
>> October 30, 2017
>>
>> APPEARANCES:
>> David Raymond Amos
>>
>>
>> For The Appellant / respondent on cross-appeal
>> (on his own behalf)
>>
>> Jan Jensen
>>
>>
>> For The Respondent / appELLANT ON CROSS-APPEAL
>>
>> SOLICITORS OF RECORD:
>> Nathalie G. Drouin
>> Deputy Attorney General of Canada
>>
>> For The Respondent / APPELLANT ON CROSS-APPEAL
>>
>
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 00:00:38 -0400
Subject: EUB 486 Irving bullshit and Kent Group Ltd.
To: motomaniac333 <motomaniac333@gmail.com>
ACTING CHAIRPERSON: Okay. Thank you. So that being considered, so
those minimum filing requirements that are included in the letter of
January the 19th 2021 by Mr. Letson to the chief clerk will be, at a
minimum, the information that needs to be provided to the chief clerk
prior to the first round of IRs.
Just one comment, Mr. Hoyt, the Board will be retaining an independent
expert which will be Mr. Jason Parent from the Kent Group. And I also
understand that Mr. Parent may have some comment regarding on the
proposed MFR. So if that is an issue, we will be informing the
applicant if there is any other requirements of the minimal filing
requirements once he starts his process of reviewing the information.
Kent Group Ltd.
367 Princess Ave.
London, Ontario
N6B 2A7
Jason.Parent@kalibrate.com
519-672-7000 x 112
Jason Parent is the Managing Director at Kent Group Ltd. His
responsibilities encompass a range of project management roles, as
well as the analysis and reporting of data for our clients. Mr.
Parent’s functional specialties include the areas of regulatory
analysis, petroleum market and price/ margin analysis, forecasting and
performance benchmarking.
Mr. Parent has seventeen years experience in providing consulting and
performance data analysis in the petroleum industry. This industry
expertise is supported by a degree in Business Administration, having
graduated with distinction. Jason plays a vital role in the management
of relationships with our extensive client base, meeting their needs
through a diverse range of services including consulting and custom
project work, development of custom data delivery and reporting, as
well as assisting clients in the development of specific project needs
and deliverables.
Media release January 7, 2021
The New Brunswick Energy and Utilities Board has received an
application from Irving Oil requesting an interim increase to the
wholesale margins for motor fuels and furnace oil of $0.035/litre, as
well as a final order increasing the wholesale margin for motor fuels
from $0.0651/litre to $0.1054/litre and an increase to the wholesale
margin for furnace oil from $0.055/litre to $0.0963/litre.
The Board has set a pre-hearing conference for Monday, January 25 at
9:30 a.m. for the Board to consider the following:
a. Minimum Filing Requirements;
b. The specific process that will be used by the Board to consider
this application;
c. An appropriate filing schedule;
d. Intervenor Requests;
e. Irving Oil’s request for an interim order under section 40 of the
EUB Act, including any written or oral submission of approved
Intervenors; and,
f. Any other relevant issue.
The pre-hearing conference will be held via the Zoom Web Conference
platform. Interested parties can visit the Board’s website at
www.nbeub.ca for details on how to request to intervene.
The application and related documents can be viewed at www.nbeub.ca by
searching Matter number 486.
The Board’s proceedings are open the general public to attend and
observe, and as such, the Board invites any person or organization
interested in observing the proceedings to contact the Board at
general@nbeub.ca to obtain the sign-in information for any of the
upcoming hearings.
For more information contact:
Kathleen Mitchell
506-658-2504
VIA EMAIL
January 19, 2021
Kathleen Mitchell, Chief Clerk
New Brunswick Energy & Utilities Board
PO Box 5001
Saint John, NB E2L 4Y9
Dear Ms. Mitchell:
Re: An Application by Irving Oil Marketing G.P. and Irving Oil
Commercial G.P. (Matter 486), Our File No. 6994-009
Further to the Order of the Energy and Utilities Board (Board) in this
Matter dated January 8, 2021, wherein it indicated that it will
consider, inter alia, minimum filing requirements for this Matter, we
are writing to advise of the Board staff’s recommendations on that
point. To assist in the review of the application, Board staff
recommends the adoption of the following minimum filing requirements:
1) The information related to the factors the Board must consider as
set out at subsection 9(1) of NB Regulation 2006-41:
a. Cost of transporting fuel from New York Harbor
b. Volumes of sales
c. Storage Costs
d. Inventory turnover rates
e. Applicable levies and insurance costs
2) The underlying calculations for the tables found at page 1 of
Appendix A of Exhibit IO 1.02
3) All supporting documentation for the following information
contained on page 2 of Appendix A
a. Terminal fees,
b. Transportation and Port Fees,
c. Working Capital Management and Overhead,
d. Federal Compliance Costs
4) Please provide the total sales
In addition, we advise that Board staff expect to retain an
independent expert to review the application and file evidence in
Matter 486. The expert may have additional recommendations for minimum
filing requirements, and if so, those recommendations will be provided
to all parties prior to the Pre-hearing Conference scheduled for
January 25th, 2021.
We trust you will find this in order.
Yours very truly,
LAWSON CREAMER
Matthew R. Letson (P.C.*), Partner
Direct: (506) 633-3533
mletson@lawsoncreamer.com
Darren Gillis
Irving Oil
10 King Square South
Saint John, NB E2L 0G3
Telephone: (506) 647-4162
Email: darren.gillis@irvingoil.com
Scholten's Grocery
90 Hubbard Road
Fredericton NB E3B 6B4
Chris.Scholten@Scholtens.ca
(506) 459-4643
Jerry.Scholten@Scholtens.ca
(506) 457-0566
Hafsah Mohammad, Organizational Representative
Grassroots NB
114 Somerset Drive
Moncton, NB E1A 3T9
(587) 597 - 2953
nb.grassroots@gmail.com
Jennifer Bueno
Solidarité Fredericton Solidarity Volunteer
Solidarité Fredericton Solidarity
15-215 Main Street, Fredericton, NB, E3A 1E1
(506) 962-0521
jennifer.bueno@unb.ca
Simon Ouellette
Solidarité Fredericton Solidarity
4-122 Aberdeen Street, Fredericton, NB E3R 1R5
(506) 229-6038
ouellette.acadie@gmail.com
Lynaya Astephe, Chair
Leap4wards
1877 Red Head Rd,
Saint John, NB E2P 1J5
[506-653-7959
leap4wards@gmail.com
Aditya Rao, Human Rights Representative
Canadian Union of Public Employees
91 Woodside Lane
Fredericton, NB E3C 0C5
(506) 247-0137
arao@cupe.ca
Abram Lutes,
Provincial Coordinator
New Brunswick Common Front for Social Justice
236 St George St, Suite 412
Moncton, NB E1C 1W1
506-855-8977
frontnb@bellaliant.net
https://www.facebook.com/
(506) 660-0028
Contact. 506-262-3353 meryl.sarty@gmail.com ...
travis-ppc.nbsw@protonmail.com
Letters
Mary Milander
Saint John
Denis Y. Boulet
Brent Theriault
Sunny Corner Enterprises Inc
Eric Lloyd President
259 Dalton Ave.
Miramichi, NB
E1V 3C4
Tel: (506) 622-5600
info@sunnycorner.ca
Lorneville Mechanical Contractors Ltd.
75 Stinson Drive
Saint John, NB E2M 7E3
Jim Brewer President
Todd Bethune, CFO
Styve Dumouchel, CEO
(506) 635-8090
New Brunswick Building Trades Council
Jean-Marc Ringuette, President
26 Kiwanis Court
Saint John, NB E2K 4L2
Phone: (506) 635-1221
jeanmarc@ibew502.ca
https://www.cbc.ca/news/
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Energy and Utilities Board holds first hearing into requested
wholesale margin increases today
Robert Jones · CBC News · Posted: Jan 25, 2021 7:26 AM AT
An initial hearing into Irving Oil's request for increases in
petroleum wholesale prices begins today in front of the New Brunswick
Energy and Utilities Board with supporters raising the stark prospect
of the company shutting down if it does not get what it is asking for
and skeptics warning the board against being manipulated.
"We must be cautiously aware that no business is too big to fail,"
read one letter on the issue received and posted publicly last week by
the EUB.
"They are playing the Board," read another about the company's application.
New Brunswick adopted petroleum price regulation in 2006 and put the
Energy and Utilities Board in place to oversee it. Currently
wholesalers are allowed to add 6.51 cents per litre to the price of
motor fuels they handle (gasoline and diesel) and 5.5 cents per litre
to furnace oil.
Irving Oil is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
New Brunswick's Energy and Utilities Board has scheduled a full
hearing into Irving Oil's request for wholesale petroleum price
increases for March 30. It will hear arguments Monday for and against
an emergency interim increase. (Robert Jones/CBC News)
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013, but the company says fundamental changes in the oil industry and
a sudden collapse in demand for petroleum products caused by the
COVID-19 pandemic have rendered those old amounts obsolete.
"Petroleum pricing regulations in New Brunswick were created 15 years
ago," Darren Gillis, Irving Oil chief marketing officer, said in an
affidavit supporting the application. "They did not contemplate the
challenges of the last several years and were not designed to react to
a global pandemic."
If granted in full, the increases would apply to all New Brunswick
wholesalers and would cost consumers about $60 million per year in
higher retail prices.
The Energy and Utilities Board has tentatively scheduled a full
hearing into the matter for the end of March, but in its application
Irving Oil said its situation is dire and it cannot wait that long for
relief.
Irving Oil's Darren Gillis is heading the company's effort to have the
Energy and Utilities Board approve $60 million in increased petroleum
margins for New Brunswick wholesalers. (Irving Oil)
Instead it is asking for 85 per cent of the requested increase on
motor fuels (3.5 cents) and 99 per cent of the increase on furnace oil
(3.0 cents) to be granted immediately pending the outcome of the full
hearing next spring.
"The entire supply chain in under pressure and at risk," Gillis said
in the application. "COVID-19 has exacerbated challenges for the
industry and urgent action is required."
That tone has alarmed supporters of Irving Oil who fear the company is
in trouble. Last week, the company announced layoffs at its Saint
John refinery and worried suppliers have been mobilizing to urge the
EUB to grant its request in full.
Eric Lloyd is president of Sunny Corner Enterprises Inc., an
industrial construction firm in Miramichi that does business with
Irving Oil.
Lloyd wrote to the EUB to say it "must take action to understand the
economic forces that are stressing a very important contributor to our
economy," and warned it is not "too big to fail" in asking its request
be granted.
Hafsah Mohammad is with the Moncton social justice and climate action
group Grassroots NB, one of several groups registered to oppose Irving
Oil's application. (Tori Weldon/CBC News)
Another Irving supplier, Lorneville Mechanical Contractors Ltd. in
Saint John, also sent a letter expressing concern about the company's
financial health.
"We understand that Irving Oil has identified New Brunswick's highly
regulated fuel pricing system as a challenge to its ability to operate
reliably and sustainably," wrote Lorneville's president Jim Brewer, in
endorsing immediate increases.
Local building trade unions warned the viability of the refinery
itself could hinge on the EUB's decision.
"It would be devastating to lose this asset," wrote union president
Jean-Marc Ringuette in his letter supporting Irving Oil's request.
But others are skeptical.
A number of anti-poverty, union and social justice organizations have
signed up to oppose Irving Oil's application and a clutch of private
citizens, like Saint John resident Mary Milander, also sent letters
opposing the increase.
"I believe that that the people of Saint John and the whole province
have suffered financially much more than the oil industry during the
pandemic," Milander wrote to the board.
Natural Resources and Energy Development Minster Mike Holland stoked
early controversy about Irving Oil's request by writing a letter to
the Energy and Utilities Board telling it the application should be
dealt with quickly. (Radio-Canada)
Although yet to start, the hearing has already been highly
controversial following news last week that New Brunswick Natural
Resources Minister Mike Holland sent his own letter to the EUB
expressing concerns about Irving Oil's ability to supply products at
current prices.
That led to criticism from all three opposition parties and a call for
Holland to resign from Green Party Leader David Coon. Premier Blaine
Higgs defended Holland's intervention.
The EUB has granted interim relief to applicants in other cases
before, but normally on the condition money collected from consumers
be returned if the increases are later found to be unjustified.
A complicating factor in Irving Oil's application for immediate relief
is that Gillis has acknowledged that other than home heating oil
sales, returning money to customers will not be possible.
"In the unlikely case the permanent increase for motor fuels is lower
than the interim increase, Irving Oil cannot effectively and fairly
rebate the difference," he said.
https://www.cbc.ca/news/
Irving Oil request for 'urgent' wholesale price hike stalls over
redacted evidence
Energy and Utilities Board adjourns to allow groups opposing price
increase to argue for access to evidence
Robert Jones · CBC News · Posted: Jan 25, 2021 5:58 PM AT
Irving Oil Ltd. is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
(Devaan Ingraham/Reuters )
Irving Oil's attempt to win immediate wholesale petroleum price
increases from the New Brunswick Energy and Utilities Board stalled
quickly Monday over objections from a variety of community
organizations that too much of the application is based on secret
material.
"The amount of information that is redacted in these documents makes
it very difficult for our organization to meaningfully participate,"
said Abram Lutes with the New Brunswick Common Front for Social
Justice
"It limits our ability to participate meaningfully and to advocate on
behalf of low income workers and people in poverty."
Several other groups expressed similar concerns and the EUB's acting
Chair Francois Beaulieu scheduled a hearing Friday morning to deal
with the objections. That forced a delay in Irving Oil's request for
immediate increases in wholesale petroleum margins at least until next
week.
Francois Beaulieu, acting chair of the Energy and Utilities Board,
scheduled a hearing Friday morning to deal with objections to Irving
Oil's requests. (Graham Thompson/CBC)
"The board will adjourn and we'll await the interveners to file their
objections," said Beaulieu.
Until recently, Irving Oil has shown little outward concern about
petroleum wholesale margins in New Brunswick. Since 2016, it twice
declined to participate in scheduled reviews of the issue by the
board, including the latest one launched in 2019.
COVID-19 has affected business
But the company says the COVID-19 pandemic has hit its business hard,
and it now requires immediate changes.
In prepared remarks for the EUB on Monday that he was ultimately
unable to deliver before proceedings adjourned Irving Oil marketing
president Darren Gillis planned to outline the company's hardships
"We've reduced spending across the company, cancelled projects, and
unfortunately reduced our employee and contractor workforce," said the
prepared remarks.
"Significant sales declines (Jet Fuel, Marine Fuel and Transportation
Fuel) and higher costs are having a serious impact on the entire
supply chain. No one, no company is insulated from the impacts of the
pandemic, including Irving Oil."
Company asks for substantial increases
The company is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54,9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
It is asking that prior to a full hearing in late March, 85 per cent
of the requested increase on motor fuels (3.5 cents) and 99 per cent
of the increase on furnace oil (3.0 cents) be granted immediately
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013. But much of Irving Oil's evidence in support of changes that
large is not being publicly shared to protect company operational and
financial information, an immediate sticking point Monday
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Beaulieu noted the EUB itself along with public intervener Heather
Black and any experts they hire are permitted to view all the
material, but that did little to satisfy several participants.
Hafsah Mohammad with the Moncton social justice and climate action
group Grassroots NB expressed support for Black's role but said more
perspectives on Irving Oil's application are needed
"I think that has a problematic element with one person speaking for
the entire public," said Mohammad.
"I thought that's why there are interveners. If it is solely on
Heather Black I am concerned with just one person being assigned to
this role."
Natural Resources and Energy Development Minister Mike Holland wrote a
letter to New Brunswick's Energy and Utilities Board, in which he said
an Irving Oil application for petroleum price increases should be
dealt with quickly. (Radio-Canada)
Mohammad also pressed Beaulieu to explain his view on a letter sent to
the EUB by Mike Holland, the New Brunswick natural resources and
energy development minister, and its effect on the hearing..
Holland wrote to the board on Jan. 6, one day after Irving Oil filed
its application, to back the company's request for an "expedited"
review.
"I did not have any intention to comment on the letter but if an
intervener does put it forward I'll comment on it," said Beaulieu.
"I'm putting it forward," said Mohammad
Beaulieu said all citizens have a right to send letters to comment on
matters before the board, and he viewed Holland's as just one of many
that have arrived from the public.
Irving oil lawyer concerned over delay
"Any person in the province of New Brunswick can comment on any
proceeding of the board," said Beaulieu "We're independent and that
will continue."
Irving Oil lawyer Len Hoyt expressed concern about delays in getting
to the request for immediate price increases, but the application is
effectively on hold for a week while the company's reliance on
confidential information is dealt with first
"The urgency and the expediency of this is of upmost importance to my
client." said Hoyt.
About the Author
Robert Jones
Reporter
Robert Jones has been a reporter and producer with CBC New Brunswick
since 1990. His investigative reports on petroleum pricing in New
Brunswick won several regional and national awards and led to the
adoption of price regulation in 2006.
CBC's Journalistic Standards and Practices
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Hanwell man sues NB Liquor over agency store contract
Moncton's Power Plus Technology won the agency store contract
CBC News · Posted: Apr 23, 2013 9:35 AM AT
A Hanwell convenience store is launching a lawsuit against NB Liquor
to ensure the proper process was put in place in approving a new
agency store licence 1:44
A Fredericton-area convenience store owner is taking NB Liquor to
court to find out why a Moncton company received an agency liquor
store in Hanwell.
NB Liquor’s decision to award Moncton’s Power Plus Technology the
contract to build an agency store next to the Trans-Canada Highway,
near Hanwell, has sparked a local controversy.
The decision has been the focus of public meetings and a petition.
Now Chris Scholten said he is preparing to take the fight to another
level to find out why the two local companies lost out to the Moncton
business.
Scholten said the only way to receive a fair and independent review of
NB Liquor’s decision is to head to court.
Chris Scholten is one of two Hanwell businessowners who lost their
bids to set up a NB Liquor agency store in the Fredericton-area
community. (CBC)
"I’m just looking for a fair, independent review of the decision
process to ensure that the right process was followed, following the
guidelines and the request for proposal to which we applied," he said.
Daniel Allain, the president of NB Liquor, said in February the Crown
corporation formed an internal agency store task force to review the
expansion of the agency store network.
At the time, Allain said the decision to create the task force was
intended to guarantee an "open and transparent process."
NB Liquor did not comment on Monday as the Hanwell decision is now
heading to court.
But Scholten said NB Liquor has not been open with him on how the
decision was made.
"Unfortunately we’ve just been hit with roadblock after roadblock. We
are just being ignored quite frankly," he said.
Scholten asked the ombudsman's office to investigate.
The office has agreed to review the file but Scholten said he's heard
nothing from the independent office so far.
But Scholten’s lawyer did hear from NB Liquor late on Monday afternoon.
The agency received documentation that had been requested a month ago
under the province’s Right to Information and Protection of Privacy
Act.
Scholten said he will look through the information with his lawyer but
he still plans to take legal action.
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NB Liquor agency store contract in Hanwell sparks anger
Social Sharing
Community group argues contract should have gone to a local bidder,
not Moncton company
CBC News · Posted: Feb 21, 2013 7:19 PM AT
Liquor store controversy
8 years ago 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition.
Gayla Macintosh, a member of the Concerned Citizens of Hanwell,
contends NB Liquor broke its own rules with the decision.
The Crown agency's guidelines call for contracts for agency stories to
be awarded to local businesses, she said.
Scholten's Convenience Store and the nearby Hanwell Village Mart had
both submitted bids to operate the new agency store.
But Power Plus Technology, owners of the Magnetic Hill Esso gas
station, was the successful bidder for the store, which will be built
next to the Trans Canada Highway near Hanwell, along with a brand gas
bar and convenience store.
"One of the guidelines is that they want it to be a centrally-located
place and this would be it — one of these two stores would be it — and
we don't know why," said Macintosh.
'Unfair' decision
NB Liquor plans to open 10 new agency stores this year. (CBC)
The group is encouraging citizens who oppose the "unfair" decision to
sign a petition supporting a Hanwell bid and to send an email
expressing their "displeasure" to the premier, finance minister, the
local MLA and the head of NB Liquor.
The decision simply doesn't make sense, said Josh Allen, a regular
customer at Scholten's.
"Better here for the economy, for Scholten's itself, bring more
business here, rather than have a business from out of town come in
and take over their clientele," he said.
NB Liquor spokeswoman Marcelle Saulnier says decisions about where the
10 new agency stores will go this year is based on customer traffic,
location and site evaluation, among other criteria.
"In this case we hired a firm to go look at the various proposals that
we accepted and they came back with a scoring," she said.
The criteria does give points for being locally-owned and operated,
but it's low on the list, said Saulnier.
None of the companies' owners would comment on Thursday.
The Concerned Citizens of Hanwell will be holding an information
session on Monday at 7 p.m. at the Starlite Lodge. The group has
invited NB Liquor CEO Daniel Allain to attend.
CBC's Journalistic Standards and Practices
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NB Liquor agency store dispute in Hanwell goes to ombudsman
Convenience store owner contends contract should have gone to local bidder
CBC News · Posted: Mar 15, 2013 5:24 PM AT | Last Updated: March 15, 2013
Scholten’s Convenience Store was one of the two local businesses that
lost a bid to operate the agency store. (CBC)
The owner of a convenience store near Fredericton who lost his bid to
become an agency store for NB Liquor is taking his case to the
provincial ombudsman.
Chris Scholten, of Scholten's Convenience Store in Hanwell, contends
local bidders are supposed to be given preference.
But the Hanwell contract went to Moncton-based gas retailer Power Plus
Technology instead.
Scholten says he's gone through the NB Liquor review process, has
spoken to the president of the Crown agency and even put a call in to
the minister of finance, but is still not satisfied with the answers
he's received about why the other company won.
"We feel that even the mandate of this agency program has been
violated. We feel that the procedures that were to be followed have
been violated. And we question the evaluations of the independent
proposals as well — that they were unfairly evaluated," he said.
"So we're just looking for an independent review to make sure that the
proper decision was made."
A conceptual drawing of a proposed gas station and NB Liquor agency
store in Hanwell. (CBC)
Hanwell Village Mart had also applied to be an agency store.
Jason Lutes, the owner of Power Plus Technology, has said he believes
the matter is being blown out of proportion and denied being awarded
the contract because of any political connections.
He was already planning to build a convenience store in the area
before the call for applications from NB Liquor for an agency store,
he said.
Lutes will build the store next to the Trans-Canada Highway near
Hanwell, along with a gas bar and convenience store.
Some Hanwell residents have expressed concerns the new store will pull
business away from existing stores in the area. The issue has sparked
the creation of a new community group called Concerned Citizens of
Hanwell and a petition.
NB Liquor officials have said decisions about new agency stores are
based on customer traffic, location and site evaluation, among other
criteria.
CBC's Journalistic Standards and Practices
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'Double taxation' cut will energize private sector, say N.B. business leaders
Province reducing tax on buildings like rental properties by 50%
Colin McPhail · CBC News · Posted: Mar 10, 2020 8:44 PM AT
Rental property owners and business officials say new tax cuts
announced by the Progressive Conservative government Tuesday will help
stoke the New Brunswick economy and spur construction.
Finance Minister Ernie Steeves announced a 50 per cent reduction in
the provincial non-owner-occupied property residential tax over a
four-year period starting in the 2021 taxation year.
Owners and developers have long sought to scrap the so-called "double
tax" which levies a provincial tax on top of the municipal tax for
buildings like rental properties and cottages.
Willy Scholten, president of the New Brunswick Apartment Owners
Association, said his group has been lobbying government officials on
the issue since 2004.
He believes the move will lead to new construction.
Bryan Eneas/CBC
"We have a lot of issues right now with not enough supply of rental
apartments in the province, and a lot of our association attributes a
lot of that to this double taxation," Scholten said following
Steeves's address in the legislature.
"We don't have outside people coming to the province and saying this
is a good place to do business."
The tax rate will drop from $1.233 per $100 of assessed value to
$0.5617 — or about 14.04 cents per year until 2024.
The owners' association has proposed phasing the tax out completely
over a three-year period, but Scholten said this is a step in the
right direction.
"We hope that they continue after here to the eventual full
elimination, so we are no longer offside with the rest of the
country," said Scholten, adding New Brunswick is the lone Canadian
jurisdiction to impose such a tax.
More budget day coverage:
Could the tax savings be passed onto tenants? Scholten said it's too
early to tell.
"It's not a full elimination and we don't know what's going to happen
with assessments either along the way," he said. "So we'll have to
wait to see what happens with our property tax bills."
The PCs also plan to reduce the non-residential property tax rate —
including commercial and industrial buildings — by 8.25 cents per year
until 2024. That will decrease the rate from $2.1860 per $100 of
assessment to $1.8560.
The $10.2-billion provincial budget projects a $92.4-million surplus
and to reduce the net debt by $129.3 million. The budget is buoyed,
however, by a $200-million increase in federal transfer payments.
"We have to, beyond balancing the budget, give back," Steeves told reporters.
"We thought [the tax reductions] were ones that would help businesses
and, ultimately, help a lot of New Brunswickers and, ultimately, help
the economy of New Brunswick."
'You have to focus on the private sector'
The budget struck a chord with People's Alliance Leader Kris Austin.
His party has long argued against double taxation for
non-owner-occupied properties.
"If you want true economic growth, you have to focus on the private
sector," he said. "The best way to that is tax reduction and
deregulation."
Austin said all three Alliance members will vote in favour, while
Liberal Leader Kevin Vickers maintained that his party will vote
against the budget in an attempt to topple the government.
Ed Hunter/CBC
Green Leader David Coon told reporters his caucus — and its three
crucial votes — has reserved a decision until meeting to discuss.
Also included in the budget is the Higgs government's carbon pricing
plan. It will be set at 6.6 cents per litre at the pumps — same as the
federal backstop — but the Tories will cut the New Brunswick gas tax
by 4.6 cents, creating a net two-cent increase.
The government has not passed its carbon tax legislation and if the
budget is defeated and an election is called, it won't get the chance,
meaning the federal price will be in place on April 1.
David Duplisea, CEO of the Saint John Region Chamber of Commerce, said
if that's the case, it will make New Brunswick less competitive with
neighbouring provinces like Nova Scotia.
Encouraged by the private-sector support, Duplisea said there isn't
anything in or not in the budget worth toppling the government over.
He said many of his 700 members wanted the tax breaks in one form or
another, and this creates a "positive investment climate."
"These items … we have been asking for these and we're confident that
this will help to spur investment in our respective regions and in the
province as a whole," Duplisea said.
Both the Saint John and Fredericton chambers of commerce lauded the
government for reducing the net debt and balancing the budget.
Krista Ross, CEO of the Fredericton Chamber of Commerce, specifically
highlighted the double taxation policy in a statement Tuesday.
"This will make business in New Brunswick more competitive and give us
a chance to build economic momentum, which in turn will allow
government to further reduce debt and deliver more services," Ross
said.
"In the coming years, this will be even more important as we cannot
expect to receive large increases in equalization payments on an
annual basis."
https://www.cbc.ca/news/
Forcing builders to include low-income units not a solution, say developers
Social Development Minister Dorothy Shephard open to exploring
inclusionary zoning
CBC News · Posted: Dec 12, 2019 6:02 PM AT | Last Updated: December 12, 2019
The province’s practice of taxing non-owner-occupied properties
differently than owner-occupied properties has long been a complaint
among landlords and developers. (Bryan Eneas/CBC)
Two Fredericton developers question the wisdom of implementing
inclusionary zoning, a policy that forces developers to include
affordable units in their projects.
Social Development Minister Dorothy Shephard has said it would be
"interesting" to explore a proposed Montreal bylaw that would make
developers either set aside a certain number of units in their
buildings as affordable units or pay into a fund for social housing.
"I think with the help of our municipalities that it's worthy of
looking at," Shephard said.
But Jeff Yerxa, the president and CEO of Ross Ventures Ltd., said
while the idea is worth looking at, any development would still have
to make money, and mandating units could make that difficult for
certain projects.
Sees problem with some developments
"I think that every development has got its own place in the market,"
Yerxa said.
"If you're doing a big waterfront development, I think it's tough to
include affordable housing … I don't think it's reasonable for the
province to subsidize rent for affordable housing for people in, you
know, developments such as that."
Province to spend $629K on new affordable housing units over 3
years, $12M on repairs
Willy Scholten, the president of the NB Apartment Owners Association,
said he opposes any new "hurdles."
"The problem with doing this ... inclusionary zoning … is [it's]
another hurdle for development," said Scholten.
"If we start doing more and more of putting more and more hurdles we
have less development. If we have less development, we have less
units."
Scholten said the province could do more to increase development by
ending the so-called "double tax" on rental properties.
No exemption
"We need to fix that, and that'll make affordability easier and make
the whole development easier," said Scholten.
"We'll get more development. More development will mean the vacancy
rates will go up. Rental rates will go down."
The province's practice of taxing non-owner-occupied properties
differently from owner-occupied properties has long been a complaint
among landlords and developers.
'I've never felt shame like this in my life': 500 homeless, 5,000
await affordable housing
The tax sees landlords pay both municipal and provincial property
taxes on their rental properties and aren't eligible for a break on
those.
While owner-occupied properties also are assessed taxes by both the
province and municipality, the owners can receive tax credits that
largely eliminate the provincial portion.
Scholten said the province is bringing in enough revenue to offset
what it would lose in revenue if it ended the "double tax." If that
happened, landlords would be willing to freeze rental rates for a
period, he said.
with files from Information Morning Fredericton
https://www.cbc.ca/news/
Property tax cut benefits landlords, says NDP leader
CBC News · Posted: Sep 18, 2012 6:21 AM AT
New Democratic Party Leader Dominic Cardy says landlords in New
Brunswick appear to be backing away from a promise on lower rents.
Last week, the provincial government announced it is cutting property
taxes for the owners of apartment buildings, but won't force them to
pass the savings to tenants.
The NDP leader said the landlords should stand by what they said.
NDP Leader Dominic Cardy says landlords could stand behind a promise
on lower rents. (CBC)
"I think they need to go back to look at the statements they made a
few months ago," Cardy said.
"I think they need to be held to account, and the government does as
well, because they said the purpose of this was to help renters, and
instead it's going to help just the landlords, and that's not fair."
The provincial budget in March promised a gradual reduction in property taxes.
Election promise
Back then, Willy Scholten of the New Brunswick Apartment Owners
Association predicted the provincial government would force landlords
to pass on the savings.
"I would see the government not giving up the revenue without some
sort of legislation to make sure that it does happen, and we would
support that," Scholten said at the time.
Last week, Scholten no longer supported provincial government
enforcement of lower rental fees.
"We're private business, and we believe that the markets should
dictate that, so we wouldn't agree with that," he said.
Scholten said he would support enforcement if the tenant tax were
eliminated altogether, but that's not happening.
He said with other costs rising, the gradual tax reduction isn't
enough for landlords to even freeze rents.
The 2010 Progressive Conservative election platform promised that an
"easing" of the tenant tax would "benefit those living in apartments."
It now appears that promise will only be kept by landlords who choose
to honour it.
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Bruce Fitch plans overhaul of property tax system
'Spike protection' mechanism will guard against assessment hikes above 10%
CBC News · Posted: Sep 12, 2012 11:04 AM AT
Local Government Minister Bruce Fitch announced a series of property
tax reform proposals on Wednesday. (CBC)
New Brunswick homeowners will be offered a new "spike protection"
mechanism to guard against large property tax assessment hikes, Local
Government Minister Bruce Fitch announced on Wednesday.
Fitch released a discussion document on property tax reform that
called for a number of changes.
"We are fulfilling our commitment to make a fairer and more effective
property tax system," Fitch said in a statement.
As a part of the provincial government’s proposed package of reforms,
the three-per-cent property tax freeze is being lifted.
Interactive feature
Click here to find out how different communities spend their property taxes
The local government minister said homeowners will be moving back to a
market-value system where their property assessments, which are used
to calculate property taxes, can fluctuate.
Fitch said there will be a permanent exemption given for the 146,000
homeowners who took advantage of the two-year assessment cap.
For example, if a person saved $10,000 between the 2012 market value
and the 2012 capped value of their property, they will receive an
exemption for that rate. So every year when that person's property
assessment comes in, they will be exempted for $10,000.
However, when they sell their house, the new owner will pay the full
market rate.
The provincial government estimates it will take about 20 years for
all the exemptions to work their way out of the system.
As well, homeowners will be given the option of paying for their
property taxes monthly instead of in one large annual payment.
The provincial government will also introduce a mechanism to safeguard
homeowners from property tax, assessment increases of more than 10 per
cent.
Ending 'double taxation'
Another element of the property tax plan is to reduce the amount of
tax by 23 per cent that is imposed on rental properties, commercial
properties and second homes.
Building owners have complained for years they have to pass on the
extra cost to tenants.
There's also to be help for homeowners.
Fitch said he hopes the change will mean relief for tenants.
"This will help the landlords, and we expect those savings will be
passed on to the renters, to help either lower rent, improve the
quality of housing, or mitigate any planned increases in the rental
prices," Fitch said.
But the reforms announced on Wednesday will not force apartment
building owners to pass on the savings.
Owners say the tax break isn't enough to guarantee rent reductions but
it may help landlords put off rent increases.
Other elements of the property tax reform paper include:
Property tax bills will be simplified.
A new cost-sharing model for RCMP services that will more fairly
distributing costs among all users.
Minimizing the impact of these reforms on farmers, homeowners and
businesses in local service districts.
Exempting libraries from property tax.
The tax reduction doesn't go far enough, according to Willy Sholten of
the New Brunswick Apartment Owners Association.
"This will mean that we'll still be 1.8 times the single family rate
and 1.8 times the average in Canada. So there's still quite a gap. But
the government has done something and it's being portrayed as the
first phase."
But any tax reduction is good, according to Kevin Lacey, Atlantic
director of the Canadian Taxpayers Federation.
"This tax reduction will mean that those living in apartments in the
long-term will likely see a benefit. And this combined with the
government's announcement in the budget that it will freeze rental
rates is a good thing for taxpayers of the province."
The provincial government says it won't be losing money because of the
tax reductions.
It expects it'll be covered by a doubling of the real property
transfer fee in the last budget that should generate up to an extra $8
million each year.
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