---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Wed, 21 Apr 2021 16:58:16 +0000
Subject: Automatic reply: Methinks the CBC has just infomed us that
the RCMP gave Hans Ouellette a promotion since he and I last talked
N'esy Pas Higgy??
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/
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Wed, 21 Apr 2021 16:58:19 +0000
Subject: Automatic reply: Methinks the CBC has just infomed us that
the RCMP gave Hans Ouellette a promotion since he and I last talked
N'esy Pas Higgy??
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
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---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 21 Apr 2021 13:58:10 -0300
Subject: Methinks the CBC has just infomed us that the RCMP gave Hans
Ouellette a promotion since he and I last talked N'esy Pas Higgy??
To: Hans.Ouellette@rcmp-grc.gc.ca, "blaine.higgs"
<blaine.higgs@gnb.ca>, info@gg.ca, ltgov@gnb.ca, "kris.austin"
<kris.austin@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>,
"Kevin.Vickers" <Kevin.Vickers@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, "Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>,
"darrow.macintyre" <darrow.macintyre@cbc.ca>, "carl.urquhart"
<carl.urquhart@gnb.ca>, "Catherine.Tait" <Catherine.Tait@cbc.ca>,
"sylvie.gadoury" <sylvie.gadoury@radio-canada.
<Alex.Johnston@cbc.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>,
"rick.desaulniers" <rick.desaulniers@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, robmoorefundy <robmoorefundy@gmail.com>,
alaina <alaina@alainalockhart.ca>, "robert.mckee"
<robert.mckee@gnb.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
andre <andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>,
"Roger.Brown" <Roger.Brown@fredericton.ca>, "dan. bussieres"
<dan.bussieres@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
"Gilles.Cote" <Gilles.Cote@gnb.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, mcu <mcu@justice.gc.ca>,
"Nathalie.Drouin" <Nathalie.Drouin@justice.gc.ca>,
kathleen.roussel@ppsc-sppc.gc.
<Newsroom@globeandmail.com>, "Jacques.Poitras"
<Jacques.Poitras@cbc.ca>, "David.Lametti" <David.Lametti@parl.gc.ca>,
"Ian.Shugart" <Ian.Shugart@pco-bcp.gc.ca>, sheilagunnreid
<sheilagunnreid@gmail.com>, keean.bexte@rebelnews.com, sfine
<sfine@globeandmail.com>, washington field
<washington.field@ic.fbi.gov>
Cc: motomaniac333 <motomaniac333@gmail.com>, joshuahalpern
<joshuahalpern@outlook.com>, james.fowler@fowlerlawpc.com,
"christopher.titus" <christopher.titus@gnb.ca>
https://www.cbc.ca/news/
Police issuing tickets after illegal anti-mask gathering in COVID-hit Zone 4
Video shows police leaving apparent gathering after arguing with man for 5 minutes
A man who said his name is Tony Dave Marchand was filmed arguing with police and peace officers at an apparent illegal gathering he was attending in Sainte-Anne-de-Madawaska, which is in the part of Zone 4 currently in the red phase restrictions. (Facebook)
Public Safety officers in northwest New Brunswick have started issuing tickets to members of an anti-mask group who gathered at a private home last weekend in defiance of the province's mandatory COVID-19 order.
Tony Dave Marchand said officers arrived at his home in Sainte-Anne de Madawaska late Tuesday afternoon.
A five-minute Facebook video of Marchand confronting six officers last Friday has gone viral in the northwest, prompting some to complain that law enforcement isn't doing enough to crack down on rule-breakers in Zone 4.
"It's no longer time for 'raising awareness' and 'education.' It's time for the government to enforce the law," Madawaska Les Lacs-Edmundston Liberal MLA Francine Landry said early Tuesday afternoon.
Even Health Minister Dorothy Shephard seemed concerned.
"It is my hope that with our Public Safety partners, we would be addressing serious situations like that," she said.
Officers with the RCMP and Department of Justice and Public Safety were filmed responding to the scene of an apparent illegal gathering. (Facebook)
Within hours of those comments, officers arrived at Marchand's home and at the private home that hosted the gathering last Friday.
Zone 4 continues to post the vast majority of new COVID-19 cases in the province, a stubborn trend that has persisted despite red-zone restrictions that took effect March 25 and a full lockdown that started April 11.
As of Tuesday, 100 of the 139 active cases in New Brunswick were in Zone 4, and 37 per cent of all cases since the pandemic began were there.
In an interview Marchand, who rejects the overwhelming scientific evidence about COVID-19 and vaccines, said he knew the gathering violated the province's emergency pandemic order.
"I knew it was. Definitely I knew it was. But in the end I knew it wasn't illegal what I was doing, because of the Charter [of Rights] that protects us."
In the video, six officers arrive at the home, including provincial enforcement officers and two RCMP members. Marchand meets them outside and they tell him they're acting on a complaint based on Section 30 (k) of the emergency order.
It bans indoor or outdoor gatherings "associated with socializing, celebration, ceremony or entertainment."
In the video, recorded by one of the people at the gathering, Marchand argues with the officers for five minutes, claiming they have no legal authority.
"There's no criminal violation," he tells them, stating incorrectly that "the only time you have a right to do this is with a warrant from a judge."
In fact, the provincial Emergency Measures Act gives the government sweeping powers, including the authority to direct police to enter a property without a warrant.
Many legal scholars believe that would survive a charter challenge under Section 1, which allows "reasonable limits" on individual freedoms.
Marchand said about 15 people were at the gathering. He said they're anti-mask activists who were blocked by police from protesting lockdown measures in Edmundston the previous weekend and ticketed.
"The gathering was to educate people that they have the right to contest their fines," he said.
The officers asked for the names of everyone at the home but Marchand refused to provide them. They left with only his name. The group cheered as they left.
Marchand said, however, that one of the officers was taking down licence plate numbers during the discussion, and that will allow them to issue tickets to other people at the gathering.
As of Wednesday morning, only he and the owner of the home had been fined, but he said he expected others to be ticketed during the day.
Incident 'under investigation'
On Tuesday, the provincial Department of Public Safety refused to discuss the circumstances in the video.
"This matter is still under investigation and we are unable to comment further on this particular incident," said spokesperson Coreen Enos.
She did not immediately respond Wednesday to a request for confirmation that tickets were being issued.
Marchand intends to contest his ticket in court but said he will refuse to wear a mask and it's up to the court to deal with that.
"If you can't find an alternative, that's not our problem. That becomes the court's problem."
Madawaska Les Lacs-Edmundston MLA Francine Landry says her constituents are frustrated by the actions of "very few" in the community. (CBC)
In a emailed statement, RCMP spokesperson Cpl. Hans Ouellette said the force "has taken, and continues to take, a measured approach to encourage and promote compliance" with COVID-19 restrictions.
"Police officers are using their discretion in all situations related to COVID-19," Ouellette said. "Tickets are issued and other enforcement actions are being taken when appropriate."
Marchand said he refuses to wear a mask because he is asthmatic and suffers from other conditions that make it difficult to wear one.
He said he's only able to shop for necessities in some local convenience stores who have been letting him enter without one. He would not identify the stores.
Landry said she has received many calls from constituents about the video.
"People are very frustrated by these very, very few individuals who are not obeying and following the rules," she said.
Marchand said no one in the group has had COVID-19.
ABOUT THE AUTHOR
267 Comments Many deleted
This is what things looked like to me before I refreshed the page at midnight
Section 1 of the charter of rights limits your personal freedoms to a “reasonable” level, which will hold up in court.
Your rights aren’t a license to do whatever you want, without recourse,
Not.law.
If the province wishes to override the right of assembly, it has the ability through Section 33 of the Charter. It has not used that.
Time for these police officers to start doing their jobs!
Fredd Tone
If their actions cause someone to get sick and die... they should be HELD accountable!!
You’ve never cared about fecal matter on your hands when you were a kid, why start now?
How kind of you.
Correct.
Infractions ranged from not properly self-isolating to walking in parks closed by emergency order. In many cases, fines were between roughly $700 and $1,000, although both acts stipulate they can be significantly higher."
Infractions ranged from not properly self-isolating to walking in parks closed by emergency order. In many cases, fines were between roughly $700 and $1,000, although both acts stipulate they can be significantly higher.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, 25 Jan 2021 15:21:57 -0400
Subject: Methinks the RCMP, the CBC the Irving Media and their buddy
Higgy can never deny that many protesters know why I sued the Queen in
2015 N''esy Pas?
To: info@gg.ca, ltgov@gnb.ca, "blaine.higgs" <blaine.higgs@gnb.ca>,
"kris.austin" <kris.austin@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>,
"Kevin.Vickers" <Kevin.Vickers@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, "ian.hanamansing" <ian.hanamansing@cbc.ca>,
"Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>, "darrow.macintyre"
<darrow.macintyre@cbc.ca>, "carl.urquhart" <carl.urquhart@gnb.ca>,
"Catherine.Tait" <Catherine.Tait@cbc.ca>, "sylvie.gadoury"
<sylvie.gadoury@radio-canada.
<Alex.Johnston@cbc.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>,
"rick.desaulniers" <rick.desaulniers@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, robmoorefundy <robmoorefundy@gmail.com>,
alaina <alaina@alainalockhart.ca>, "robert.mckee"
<robert.mckee@gnb.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
andre <andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>,
"Roger.Brown" <Roger.Brown@fredericton.ca>, "dan. bussieres"
<dan.bussieres@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
"Gilles.Cote" <Gilles.Cote@gnb.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, mcu <mcu@justice.gc.ca>,
"Nathalie.Drouin" <Nathalie.Drouin@justice.gc.ca>,
kathleen.roussel@ppsc-sppc.gc.
Cc: "Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>,
Tim.RICHARDSON@gnb.ca, motomaniac333 <motomaniac333@gmail.com>,
Newsroom <Newsroom@globeandmail.com>, "Jacques.Poitras"
<Jacques.Poitras@cbc.ca>, "David.Lametti" <David.Lametti@parl.gc.ca>,
"Ian.Shugart" <Ian.Shugart@pco-bcp.gc.ca>
David Gordon Koch | Times & Transcript
A small group of protesters clashed with police during a rally against
mandatory public health measures on Sunday afternoon outside Moncton
city hall.
Police appeared to issue multiple tickets and the Times & Transcript
witnessed several arrests. Mounties led one man away from the scene in
handcuffs after he struggled with several police officers. The
situation also grew heated at one point as a police officer appeared
ready to detain a woman, prompting angry reactions from the crowd.
There were approximately two dozen protesters in attendance,some of
them shouting and hurling insults at Mounties. Staff Sgt. Dave
MacDonnell couldn't say how many arrests had been made or tickets
issued by early afternoon, referring questions to the New Brunswick
RCMP.
"We were just there enforcing the Emergency Measures Act, with a
measured approach, as we've been doing all along," he said.
Staff Sgt. Jeff Johnston, a spokesperson for the New Brunswick RCMP,
confirmed that arrests were made and tickets were issued, but didn't
say how many.
Multiple protesters refused to speak on the record to the Times &
Transcript. One placard read: "The Media is the Virus." The protesters
appeared to have dispersed by mid-afternoon.
The weekly protests have become a regular feature during the pandemic,
with people voicing opposition to measures such as mandatory masks and
vaccines.
But Codiac Regional RCMP Supt. Thomas Critchlow pledged tougher
enforcement during a Moncton city council meeting on Jan. 18 as the
Moncton region returned to the red phase. Under the red level of
restrictions, masks are required in outdoor spaces if physical
distancing can't be maintained, and outdoor gatherings are allowed
"with physical distancing of five people or less," according to
information posted online by
the provincial government.
Protesters have flouted COVID-19 restrictions, saying they're too
extreme and citing factors including financial hardship associated
with lockdown measures.
They have also disputed Public Health guidelines, often citing
misinformation, claiming, for example, that COVID-19 is less deadly
than the flu.
Influenza causes an estimated 3,500 deaths annually, according to the
federal government. Despite unprecedented public health measures,
Canada had recorded nearly 19,000 COVID related deaths by Sunday.
Const. Hans Ouellette, a spokesperson for the New Brunswick RCMP,
previously stressed that police would respect the right to peaceful
protest, citing protections under the Canadian Charter of Rights and
Freedoms.
The Charter guarantees the right to fundamental freedoms including
peaceful assembly and expression.
Under Section 1 of the Charter, those freedoms are "subject only to
such reasonable limits prescribed by law as can be demonstrably
justifed in a free and democratic society.
Prof. Kerri Froc, an associate professor of law at the University of
New Brunswick, said Section 1 "always applies to state action." though
she questioned the ability of police to conduct a "constitutional
analysis" before taking action.
"To my mind, it is up to police to enforce the law until a court says
otherwise," she said via Twitter.
"Therefore, if they have reasonable and probable grounds for a
transgression of the Emergency Order they should ticket absent some
compelling reasons to exercise their discretion otherwise."
If not, there could be a problem of discriminatory or arbitrary
enforcement, also raising Charter issues, she said.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 14 Mar 2021 18:34:52 -0300
Subject: Methinks Mr McKee cannot deny that the Crown should practice
full discloursure with regards to my involvement in these matters
N'esy Pas Higgy, and Madame Sturgeon, Mr Jones amd Mr Magee of the
coporate media?
To: james.fowler@fowlerlawpc.com, Guillaume.LeBlanc@fowlerlawpc.
"robert.mckee" <robert.mckee@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, James.McAvity@gnb.ca, shara.munn@gnb.ca,
corry.toole@gnb.ca, remi.allard@gnb.ca, maurice.blanchard@gnb.ca,
claude.hache@gnb.ca, christopher.titus@gnb.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "Dominic.Cardy@gnb.ca. \"Ross.Wetmore\""
<Ross.Wetmore@gnb.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
Newsroom <Newsroom@globeandmail.com>, Luc.LaBonte@gnb.ca,
oldmaison@yahoo.com, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>, andre <andre@jafaust.com>,
"jake.stewart" <jake.stewart@gnb.ca>, "jeff.carr"
<jeff.carr@bellaliant.net>, "Sherry.Wilson" <Sherry.Wilson@gnb.ca>,
"martin.gaudet" <martin.gaudet@fredericton.ca>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>, Tom.Critchlow@rcmp-grc.gc.ca, tj
<tj@burkelaw.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
greg.byrne@gnb.ca, "Jack.Keir" <Jack.Keir@gnb.ca>,
jbosnitch@gmail.com, law@shapirohalpern.com, joshuahalpern@outlook.com
Cc: David.Raymond.Amos333@gmail.
<blaine.higgs@gnb.ca>, "Shane.Magee" <Shane.Magee@cbc.ca>, Nathalie
Sturgeon <sturgeon.nathalie@
Out of the Gate I should ask where was the media and WHY the very
corrupt RCMP did not remain true to their promise to the local
politicians and arrest anyone else in Moncton today???
https://www.facebook.com/
Could it be that Canadians have had enough of this malicious lock down
nonsense and are hitting the streets in tidal waves all over the
country just before questionable budgets are tabled and confidence
votes begin?
Go Figure
https://www.facebook.com/
Deja Vu Anyone???
https://www.facebook.com/
Talk New Brunswick
JcsteefScapdnounaresoyrh 2m3ehd ·
This happened in front of Premier Higgs home today
https://www.facebook.com/
If you don't want to watch the whole thing it ends with her being arrested.
Methinks the Crown Attorneys in New Brunswick must now that Liz Kramer
ran against their current boss Teddy Baby Flemming in the last
election now even though Higgy had her arrested before all the people
in Moncton were yet CBC won't talk about it but an Irving newsrag
certainly did CORRECT???
COVID-19
One arrested in protest outside Premier Higgs's house
Published an hour ago
Marlo Glass | Telegraph-Journal
SAINT JOHN • One person was arrested at a demonstration outside of
Premier Blaine Higgs's house in Quispamsis on Saturday afternoon.
The Kennebecasis Regional Police Force confirmed they were on the
scene enforcing the mandatory order of the Emergency Measures Act.
Zone 2, which includes the greater Saint John area, moved into phase
red of the province's pandemic recovery plan on Jan. 20. Sgt. Kim
Bennett confirmed one arrest was made.
"There have been demonstrations for the past few Saturdays, and the
police have been on the scene as well," said Bennett.
Liz Kramer of Rothesay, who streamed a video of the demonstration on
her Facebook page, told the Telegraph-Journal she was arrested for
disturbing the peace, as well as
ticketed for violating the Emergency Measures Act for not wearing a mask.
Craig McDougall, the officer in charge of the police response to the
gathering, was not available for comment at the time of publication.
Kramer ran in the 2020 provincial election as an independent candidate
for the Rothesay riding.
The Telegraph-Journal asked the premier's oce for comment on
Saturday but did not receive a response by publication time.
Kramer returned to the premier's house on Sunday to "let everyone know
she wasn't afraid," she said. She received another ticket for not
wearing a mask in her car with another person.
She says she is "protesting the non-justification of a continued state
of emergency," and that she "isn't an anti-masker, just a
freedom-lover."
On Saturday, she was issued an additional ticket for protesting
outside the premier's house the week prior.
Kramer said she intends to fight the tickets in court on March 18.
https://pipsc.ca/news-issues/
President Daviau asks political leaders in New Brunswick where they stand
PIPSC President, Debi Daviau has reached out to all political leaders
in New Brunswick to clarify their positions on issues that matter most
to our members.
Read the letter
Several hundred PIPSC members live and work in New Brunswick. Our
membership in the province includes Crown Prosecutors, Crown Counsel,
Legal Aid Services employees, agrologists and agronomists, engineers,
architects and land surveyors, as well as veterinarians and veterinary
pathologists.
All who have continued to provide critical services to the people of
New Brunswick during the COVID 19 crises. And many who have been on
the front lines of the provincial and federal response to the
pandemic.
President Daviau has asked each party to clarify what their position
is on the following issues:
(1) If elected, what will your party do to ensure an effective,
well-funded provincial public service continues to be in place in the
years ahead?
(2) If elected, in light of ongoing health concerns related to the
COVID-19 pandemic, what will your party do to ensure the safety of our
members returning to their regular work locations? And will your party
support appropriate work-life balance accommodations for our members
and their families given the continued uncertainty regarding what will
constitute the “new normal” in the future?
(3) If elected, will your party ensure that our members receive fair
compensation that is competitive with those of their counterparts
across Canada? As you may know, public service professionals in New
Brunswick are currently among the lowest paid in the country.
(4) With the move from a defined benefit pension plan to a shared risk
pension plan, our members are now left with a retirement plan that
delivers less and costs more. If elected, what will your party do to
address this shortfall?
We are a non-partisan union and ready to collaborate with the next New
Brunswick government to ensure that New Brunswickers continue to
receive the excellent public services that they expect and depend on.
Published on 8 September 2020
https://pipsc.ca/groups/nbcp/
NBCP Group Executive
President
Christopher T. Titus
Group : NBCP
Department : OAG
Phone : 1-506-658-2580
Email : christopher.titus@gnb.ca
Vice-President
Claude Haché
Group : NBCP
Department : OAG
Phone : 1-506-453-2784
Email : claude.hache@gnb.ca
Secretary
Maurice Blanchard
Group : NBCP
Department : OAG
Phone : 1-505-856-3536
Email : maurice.blanchard@gnb.ca
Treasurer
Rémi Allard
Group : NBCP
Department : OAG
Phone : 1-506-856-2310
Email : remi.allard@gnb.ca
Member
Corry Toole
Group : NBCP
Department : OAG
Phone : 1-506-643-2381
Email : corry.toole@gnb.ca
Member
Shara Munn
Group : NBCP
Department : OAG
Phone : 1-506-658-2610
Email : shara.munn@gnb.ca
https://www.cbc.ca/news/
Protesters who allegedly violated N.B. COVID rules hire Ontario lawyer
Judge rejects request to bar media from publishing name of one of five
facing charges
Shane Magee · CBC News · Posted: Mar 10, 2021 2:40 PM AT
Two people arrested and charged following a protest outside Moncton
city hall in January have hired an Ontario lawyer who unsuccessfully
requested a publication ban to restrict reporting the name of one of
those facing charges. (Radio-Canada )
A provincial court judge on Wednesday denied a request to prohibit
media from reporting the name of one of five people charged with
violating New Brunswick's COVID-19 rules at a protest in Moncton.
The request was made by Ontario lawyer Joshua Halpern, who is
representing Bathurst residents Nicholas DeAngelis, 34, and
31-year-old Britney Green.
DeAngelis and Green were arrested and charged following the Jan. 24
protest outside Moncton city hall. Both were scheduled to appear in
Moncton provincial court Wednesday to enter pleas on the charges they
face.
Neither were present, but were represented by Halpern, who appeared by phone.
"I'd like to request a publication ban on this file," Halpern told
Provincial Judge Brigitte Volpé after she read the charges against
DeAngelis.
Publication bans are standard for the names of victims of sexual
crimes and for those under 18 facing charges, but the names of adults
charged are public record because of the open court principle.
Prosecutor opposed request
"I understand there's been a lot of media attention around this and he
feels he's being harassed by the media," Halpern said.
The defence lawyer sought the ban based on a section of the criminal
code that allows barring names of witnesses and victims of crime at
the request of a Crown prosecutor.
Crown prosecutor Maurice Blanchard opposed the request, saying he
didn't believe such a ban would be allowed.
"Unless I'm mistaken, your client is the accused, not a victim here,"
the judge said.
"Not a victim, but he is a witness as well as being an accused," Halpern said.
"The section under which you're [requesting the ban], in my opinion,
doesn't permit me to do that," Volpé said, adding Halpern could file
an application seeking such a ban and a hearing would need to be held
to consider the request.
DeAngelis faces criminal charges of causing a disturbance at a
Superstore in Moncton by screaming, mischief by interfering with the
use of property, and resisting two police officers on Dec. 31, 2020.
DeAngelis is alleged to have violated the province's Emergency
Measures Act on Dec. 31 by not wearing a mask, not wearing a mask in
Shediac on Jan. 22 and Jan. 24 by taking part in a gathering of more
than five people while not physically distanced and not wearing a
mask.
Green faces similar criminal charges.
It's also alleged she violated the Emergency Measures Act on Dec. 31
by not wearing a mask and Jan. 24 by taking part in a gathering of
more than five people while not physically distanced and not wearing a
mask.
Halpern requested an adjournment so he can get disclosure of the
Crown's evidence. He's scheduled to appear in court by phone on April
21.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton, and
David Robert West, 54, of Riverview were also charged following the
protest outside city hall.
Teakles returns to court March 22, while West is scheduled to appear April 6.
An arrest warrant was issued for Rossiter after he missed a court
appearance in February.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/
Moncton protester against COVID rules found fit after psychiatric evaluation
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT | Last
Updated: February 25
An anti-mask protest took place in Moncton on Jan. 24 and five people
were arrested. (Radio-Canada )
A Riverview man arrested during a protest against COVID-19
restrictions in Moncton last month was found fit to stand trial
following a 30-day psychiatric evaluation.
David Robert West, 54, will be released from custody and is next
scheduled to appear in court April 6.
West was among five people arrested and held in custody following the
Jan. 24 protest outside Moncton city hall, but was the only one still
in custody.
He appeared in Moncton provincial court Thursday afternoon by video
from the Southeast Regional Correctional Centre in Shediac.
Defence lawyer Guillaume LeBlanc told provincial court Judge Paul
Duffie that he had yet to receive disclosure of the Crown's evidence.
West indicated during an appearance Jan. 28 that he was "just not all
there in the head right now." A judge had ordered the psychiatric
evaluation at the Restigouche Hospital Centre in Campbellton at
LeBlanc's request.
West faces several criminal charges, including allegations he resisted
a police officer on Oct. 8, 2020, assaulted a peace officer on the
same date, caused a disturbance at a grocery store in Moncton on Dec.
31, 2020 and violated the province's Emergency Measures Act at a
Shediac grocery store on Jan. 22 this year, according to a list of
charges read in court Thursday.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton,
Nicholas Deangelis, 34, of Bathurst, and Britney Green, 31, of
Bathurst were the others arrested and charged following the Jan. 24
protest.
Green and Deangelis are scheduled to return to court March 10. Teakles
returns to court March 22. An arrest warrant was issued after Rossiter
missed his Tuesday court appearance.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/
Warrant issued after anti-mask protester skips Moncton court appearance
Jonathan Rossiter, 29, of Nackawic was set to enter a plea in Moncton court
Shane Magee · CBC News · Posted: Feb 22, 2021 12:09 PM AT
RCMP officers issued tickets and arrested several people at the
protest for violating the province's emergency measures during a
protest outside Moncton city hall on Jan. 24. (Guy
LeBlanc/Radio-Canada)
A judge issued an arrest warrant Monday after a person arrested and
charged following an anti-mask protest in Moncton missed his court
appearance.
Jonathan Rossiter, 29, of Nackawic faces criminal charges of
assaulting, resisting and obstructing police officers on Jan. 24 in
Moncton. He also faces a charge of violating the province's Emergency
Measures Act by taking part in a gathering of more than five people
outside, while people were not more than two metres apart and wearing
masks.
He was one of six arrested Jan. 24 at the protest outside Moncton city
hall. He was released from custody the following day and ordered to
appear in court again on Monday to enter a plea on the charges.
He was not present in Moncton provincial court, and no lawyer was
there to represent him, so Judge Luc Labonté issued an arrest warrant.
Dawn Teakles, 49, of Moncton, was also arrested at the protests and
also faces similar criminal charges and an alleged violation of the
Emergency Measures Act.
Teakles was present in court and was wearing a mask, but did not enter a plea.
Teakles told the judge she has applied for legal aid representation.
She's scheduled to return to court March 22.
Earlier, David West, 54, of Riverview was sent for a 30-day
psychiatric evaluation and is scheduled to return to court Feb. 25.
Bathurst residents Britney Green, 31, and Nicholas DeAngelis, 34, were
released on bail Jan. 28 and are scheduled to return to court March
10.
Codiac Regional RCMP Supt. Tom Critchlow told Moncton councillors last
week that police had noted a protest Feb. 14 had followed the
province's rules meant to reduce the spread of COVID-19.
CBC's Journalistic Standards and Practices
For the record I crossed paths with Judge Luc Labonté BIGTIME when he
was prosecuting Werner Bock He wisely dropped the charges as soon as
he and I had a little pow wow on the phone and I sent him a few emails
to prove what I said was true The same holds true only worse for James
McAvity and his cohorts years 10 years before when he was prosecuting
Corry Toole and my bother in law's former client Shawn Tabor in 2004
because those fools continued to pursue the matter for the benefit of
their friend David Lutz and wannabe liberal judge even though they
were duly informed of the truth of the matter
https://www.cbc.ca/news/
Charges against cattle farmer Werner Bock dropped
Crown withdrew 2 counts of failing to provide proper food and water
because cows have been sold
CBC News · Posted: Jun 20, 2014 12:05 PM AT
A New Brunswick cattle farmer is no longer facing charges of failing
to care for his animals.
Werner Bock, 70, of Petitcodiac, had been charged with two counts of
failing to provide proper food and water to his cattle during the
spring of 2011.
But the Crown withdrew the charges under New Brunswick's SPCA Act in
Moncton provincial court on Thursday, saying Bock has sold his cows
and the herd no longer needs protection.
Bock had claimed the case against him was a conspiracy by the
government, veterinarians, the RCMP and CBC.
He testified that lasers and heat rays had killed his cows.
In December, Bock had been found unfit to stand trial. A psychiatric
assessment showed he was suffering from a delusional disorder.
Judge Troy Sweet had adjourned the case until June 19 and released
Bock on the conditions that he keep the peace and report to Moncton
Mental Health for assessment and treatment.
Crown witnesses had testified about a pile of carcasses under hay
bales, a dead cow in a brook and others buried in the woods.
CBC's Journalistic Standards and Practices
The following year the LIEBRANOS and Luc Labonte cannot deny that I
smelled something fishy while I was arguing Crown Attorneys in Federal
Court
---------- Original message ----------
From: "LaBonte, Luc (OAG/CPG)" <Luc.LaBonte@gnb.ca>
Date: Wed, 30 Dec 2015 12:41:18 +0000
Subject: Automatic reply: Methinks something smelled fishy between
Dominic Leblanc and Trudeau The Younger's minions within the RCMP way
back in 2004 yett the CBC or Keith Ashfield would never say shit about
it but the media in Norway sometimes did
To: David Amos <motomaniac333@gmail.com>
I will out of the office until January 4, 2016. I will periodically
check my e-mails, however, expect delays for responses. Should you
have an emergency, please contact 506-453-2784.
Je serai absent du bureau jusqu'au 4 janvier 2016. Je vérifirai mon
courriel de temps en temps mais il y aura un délai pour les réponses.
Si vous avez une urgence, s.v.p. veuillez contacter le 506-453-2784.
> From: David Amos <david.raymond.amos@gmail.com>
> Subject: Re: FW: Message to Angie re confirmation that David Banks of
> the Dispatch 911 at the Fredericton City Police said he sent the 911
> audio evidence to the Crown
> To: "Evelyn Greene" <evelyngreene@live.ca>, "oldmaison@yahoo.com"
> <oldmaison@yahoo.com>, "thepurplevioletpress"
> <thepurplevioletpress@gmail.
> Cc: "We are Fred up" <WEAREFREDUP@gmail.com>, andremurraynow@gmail.com
> Date: Saturday, January 28, 2012, 2:38 PM
>
>
> http://
>
> http://www.youtube.com/watch?
>
> http://www.scribd.com/doc/
>
> http://
>
> http://www.youtube.com/watch?
>
> http://
>
> On 1/28/12, David Amos <david.raymond.amos@gmail.com> wrote:
>> No special treatment when police face charges: lawyer
>> Craig Babstock (Times & Transcript) – With more than 20 years
>> experience as a Crown prosecutor, Luc Labonté knows how some people
>> will react when they hear an RCMP officer had his assault charged
>> stayed earlier this week. He knows that some will have the perception
>> this individual no longer faces a charge because he’s a police
>> officer.
>>
>> “Unfortunately, we’ll never be able to change those people’s minds,”
>> says Labonté.
>>
>> But New Brunswick’s director of Public Prosecutions Services wants to
>> assure the public that people who are charged with a crime are all
>> treated the same, no matter if they are a Mountie, a plumber or a
>> newspaper reporter.
>>
>> “Our system is based on evidence, not on someone’s profession,” says
>> the prosecutor.
>>
>> The case in question involved an accusation a Mountie committed a
>> summary assault against his spouse in December and was supposed to go
>> to trial in Moncton provincial court on Tuesday. Instead, the Crown
>> asked for a stay of proceedings, saying the request came from the head
>> office in Fredericton, which the judge granted. Head office gave no
>> reason for the request, beyond saying the file was reviewed and it was
>> determined that it was not appropriate to proceed with a charge at
>> this time.
>>
>> Knowing the public is quick to scrutinize cases involving a police
>> officer, Labonté agreed to talk about the procedure that’s in place in
>> cases where a police officer is charged, in an attempt to reassure the
>> public there is no bias, either for or against an officer.
>>
>> In this particular case, an RCMP officer investigated the RCMP officer
>> who was accused and eventually laid the charge against him in court.
>> That investigator told the Times & Transcript earlier this week that
>> his work was reviewed by officers from a non-RCMP police force in the
>> province.
>>
>> Labonté says while it’s preferable not to have officers from the same
>> police force investigate one another, this particular investigation
>> was independently reviewed by two Crown prosecutors. New Brunswick is
>> what’s known as a “pre-screening province,” meaning that the Crown
>> reviews charges and approves them before they are laid in court. The
>> director says no prosecutor deals with files involving police officers
>> from their own area.
>>
>> “If I’m a Moncton prosecutor and they bring me a file about a Codiac
>> RCMP member, I would immediately not look at that file and send it to
>> head office,” says Labonté. “If a Moncton prosecutor said no to a
>> charge for a Moncton police officer, it would look bad.”
>>
>> The head office finds a prosecutor in the province who has not had
>> dealings with that police officer. Because Mounties are frequently
>> transferred, they also check where that person has been located in the
>> past so there’s no conflict with the Crown assigned to the file.
>>
>> During his career in Moncton, Labonté took on files involving police
>> officers in other parts of the province of whom he had no knowledge,
>> which allowed him to treat each case like any other file.
>>
>> “We want to make sure they don’t get any special treatment or treated
>> more harshly than any other person,” he says. “We ensure the threshold
>> required to prosecute someone is met.”
>>
>> A common misperception about Crown prosecutors is that they are out to
>> register convictions, but that’s not the case. As a sign in the lobby
>> of the Crown’s office in the Moncton Law Courts says, the goal is to
>> present the facts and let the judge or jury decide guilt.
>>
>> “We are to be an unbiased presenter of the facts, we’re not there to
>> seek convictions,” he says.
>>
>> Labonté says cases are constantly reviewed leading up to a trial and
>> there are many reasons why a stay may be sought. For example a witness
>> may disappear, a person can change their story, new evidence can be
>> discovered, or a new person reviewing the file may have a different
>> opinion whether or not it should proceed.
>>
>> While Labonté can’t discuss the specifics of the Moncton case from
>> this week, he says he reviewed the file and recommended the case not
>> go to trial. That recommendation went to his deputy minister, who
>> agreed. In cases where the Crown requests a stay of proceedings, it
>> has a year to decide if it wants to lay the charge again.
>>
JAMES MCAVITY
Crown Prosecutor (Acting)
Saint John, Crown Prosecutors Office (Regional Office )
Justice & Public Safety
Phone : (506) 658-2580
Fax : (506) 658-3061
Email : James.McAvity@gnb.ca
https://www.linkedin.com/in/
Guillaume LeBlanc
Fowler Law P.C. inc. Full-time
Dates Employed Sep 2020 – Present
Employment Duration 7 mos
Location Moncton, New Brunswick, Canada
James E. Fowler
Called to the bar: 1979 (NB); Q.C.2013 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: james.fowler@fowlerlawpc.com
https://www.facebook.com/
https://www.shaplegal.com/
(647) 932-2147
law@shapirohalpern.com
Joshua Halpern
Law Society Number
78744E
Class of Licence Definitions
Lawyer (L1)
Real Estate Insured †
No
Status Definitions
In Private Practice
Business Name
Shapiro Halpern Law
Business Address
149 Willowdale Ave.Toronto, OntarioM2N 4Y5
Phone
1 647 932 2147
Email Address
joshuahalpern@outlook.com
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 4 Jun 2018 11:17:25 -0400
Subject: Attn Robert McKee I am calling you for the third time The pdf
files hereto attached are for real
To: robert.mckee@fowlerlawpc.com, "brian.gallant"
<brian.gallant@gnb.ca>, "chris.collins" <chris.collins@gnb.ca>, tj
<tj@burkelaw.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>
Cc: David Amos <david.raymond.amos@gmail.com>, "greg.byrne"
<greg.byrne@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>
Robert K. Mckee
Called to the bar: 2012 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: robert.mckee@fowlerlawpc.com
http://www.cbc.ca/news/canada/
Robert McKee to run for the Liberals in Moncton Centre
Lawyer won Saturday's nomination by acclamation, a spokesperson for
the party says
CBC News · Posted: Jun 03, 2018 4:50 PM AT
Robert McKee, a 32-year-old lawyer and first-term Moncton city
councillor, declared his candidacy for the Moncton Centre Liberal
nomination on May 17. (Submitted)
Robert McKee has won the Moncton Centre Liberal nomination and will
run for the party in the upcoming provincial election this fall.
The 32-year-old lawyer was elected to Moncton city council in May,
2016, representing Ward 3, and declared his candidacy for the Moncton
Centre Liberal nomination on May 17.
He won Saturday's nomination by acclamation, according to Duncan
Gallant, a spokesperson for the party.
The availability to run in Moncton Centre for the Liberals opened up
after Speaker Chris Collins said he wouldn't reoffer for the party.
Speaker Chris Collins won't reoffer for Liberals, plans to sue
premier for libel
8 Liberals quit over premier's 'humiliating' treatment of Chris Collins
Premier Brian Gallant suspended Collins from the Liberal caucus on the
basis of allegations of harassment made by a former employee of the
legislature.
Collins described Premier Gallant's handling of the allegations as
"atrocious" and will finish his term as an independent.
The election is scheduled for Sept. 24.
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/
>
> January 11th, 2016 https://archive.org/details/
>
> April 3rd, 2017
>
> https://archive.org/details/
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
---------- Forwarded message ----------
From: 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
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
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