Prof. Rima Azar plans to mount a legal defence after Mount Allison announced plans to suspend her for the fall term. (Brian Chisholm/CBC News file photo)
A Mount Allison University professor will not be teaching at
the university for the fall term following an investigation into
complaints that some posts on her personal blog were racist and
discriminatory.
In a memo sent to faculty, staff and students on
Tuesday, Mount Allison's communications director said that Rima Azar,
an associate professor of health psychology, will also be asked to take
equity, diversity and inclusion training, at the university's expense.
"Over
the past two months, an independent investigator has reviewed
complaints from students alleging discriminatory conduct, stemming from
blog posts and student interactions," Robert Hiscock said in the memo.
"The university has reviewed the report in which the investigator has made significant findings requiring action."
Hiscock declined Thursday to provide examples of those findings, citing confidentiality.
"The
report is confidential and, as per university policy as well as the
collective agreement with the Mount Allison Faculty Association, will
not be released," he said in an email to CBC News.
Mount Allison launched an independent internal review of complaints about Rima Azar's personal blog in February. (Submitted by Mount Allison )
Review launched in February after complaints
The internal review was launched in February, after several students complained to the university's student union.
Jonathan
Ferguson, who was president of Mount Allison Students' Union at that
time, said the union received multiple complaints about Azar's blog.
The
complaints were not about any one post specifically, he said, but
rather about "what this professor was saying throughout her blog …
denying systemic racism in New Brunswick or in Canada, talking about
BIPOC students in unkind ways, labelling Black Lives Matter a radical
group."
During the controversy in February, Husoni Raymond, a
St. Thomas University graduate who was mentioned in Azar's blog,
tweeted: "Disappointing to see a professor who's still ignorant to what
racism is and will be using her power within the institution to uphold
racists ideologies. Racism IS in Canada. Racism IS in NB."
Raymond was responding to a post by Azar in which she said, in part:
"NB
is NOT racist. Canada is NOT racist. We do not have 'systemic' racism
or 'systemic' discrimination. We just have systemic naivety because we
are a young country and because we want to save the world.
"Oh,
one quick question to Mr. Husoni Raymond: Upon your graduation from St.
Thomas University, you have been named the 2020 recipient of the Tom
McCann Memorial Trophy for your 'strong leadership and character' … If
NB is as racist as you are claiming, would one of its prestigious
universities be honouring you like that?"
Prof launches GoFundMe campaign to cover legal fees
Azar
did not immediately respond to a CBC News request for comment on
the investigation's findings and recommendations on Thursday.
But
in a post on a GoFundMe campaign page she launched on Wednesday, Azar
said the allegations against her are false and that she plans to mount a
legal defence.
"I have been the target of cancel culture since February 22, 2021 simply because I love to write on my Bambi's Afkar blog," Azar wrote.
"I
now have been suspended from my job without pay, based on false
allegations. We are in a pandemic and times are tough on all. This is
why your support means the world to me. ... However, the reputational
damage already done (defamation, attack to my character) has
implications beyond my employer and workplace."
Charlie Burke, president of the Mount Allison Student Union,
said the union is pleased that students' concerns were taken seriously. (Tori Weldon/CBC)
Mount Allison Student Union's new president said the union is satisfied with the investigation's outcome.
"We are very pleased that the university took the students' concerns seriously," Charlie Burke said in an interview Thursday.
Burke
said blog posts that condemned the Black Lives Matter group were among
those concerns, as were incidents of "students who were taught by this
professor being called out by name" in her blog.
Several of
Azar's posts quote from Black Lives Matter's Facebook page, in one
instance questioning its push to be included in New Brunswick school
curriculum and in another instance referring to its rating of political
parties on their stand on Black Lives Matter issues as "ill-disguised
communist propaganda."
"At the end of the day, it is unprofessional to comment on students' beliefs," Burke said.
"We
believe that students have a right to a safe learning environment and
should feel safe" bringing up certain subjects in the classroom.
Mark Mercer, president of the Society for Academic Freedom
and Scholarship, says Mount Allison University should have used the
controversy around the complaints as a teachable moment about the
academic values of free speech and discussion. (Submitted by Mark Mercer)
But for Mark
Mercer, head of the Society for Academic Freedom and Scholarship, the
university's decision is a blow to academic freedom and to the vital
tenet of free speech on campus.
The society, which rallied to
Azar's defence in February and urged Mount Allison to rethink its
decision to call a review, said the university should have handled the
situation differently.
"They should have explained to the
students that these are ideas and opinions that the professor is
expressing, and if they wish to rebut them they are free to do so — and
leave it at that," Mercer said in an interview Thursday.
Instead,
he said, "they launched an investigation, and now we discover that Dr.
Azar is being suspended without pay … and that's outrageous. The most we
would expect [as a] disciplinary procedure would be a letter of
reprimand, and even that would be improper."
A 'chill' on expression underway, critic says
Mercer
said universities are "signalling" their commitment to the goals of
social justice movements by vigorously prosecuting allegations.
But in so doing, he said, they will ultimately put a chill on the expression and discussion of ideas.
That has already happened, Mercer said.
"Many
students and professors are now fearful not only of expressing the
views they themselves hold, but even floating certain ideas to see what
the criticisms are" because they're worried they'll be sanctioned, he
said.
"I don't think universities have done very well at creating safe spaces for discussion."
In
an email Thursday, the Mount Allison Faculty Association confirmed it
has been working with Azar since the review process began and said it
plans to ensure her union rights are protected.
"It is the role
of the union to defend our collective agreements and to ensure that the
rights of a member under the collective agreement are not being
infringed, and MAFA will continue to work with this member," association
president Erin Steuter said.
As
a retired university professor and department chair I can state Mt. A
just lost all of my respect. The ability of professors and students to
share dissenting opinions is critical to the mission of a university in a
democratic society. Free speech in our culture is in serious jeopardy.
Yes, it can happen here.
Karl
Patterson
Reply to @Emery
Hyslop-Margison: And our institutions of higher learning, full of
inquiring young minds, are leading the attack ! They cannot take the
trauma of a disagreement. Universities have gone way down hill since
the 1960s. Sad.
Emery
Hyslop-Margison
Reply to @Karl
Patterson: I completely agree Karl. It’s tragic and the end of
universities as a key element in democratic societies. We’re nearing a
totalitarian state where only sanctioned opinions are warranted.
Graham
McCormack
Reply
to @Emery Hyslop-Margison: Wow@ Exaggerate much? She is still free to
express herself but when it impacts on her employer, they are perfectly
within their rights to hold her accountable. They haven't stopped her
from blogging so nothing has happened to her right to free speech.
Emery
Hyslop-Margison
Reply to @Graham
McCormack: No exaggeration whatsoever. When someone us punished for
expressing an opinion that’s an attack on the thing you hate: freedom of
expression.
Graham
McCormack
Reply to @Emery Hyslop-Margison: She hasn't been stopped from expressing her opinion.
So by your logic, the university has no right select their own employees.
Emery
Hyslop-Margison
Reply to @Graham McCormack: Your comment doesn’t warrant a reply but I won’t prevent you from commenting.
Hussars regiment withdraws armoured vehicle donation to Sackville
Some residents opposed installation of Cougar AVGP in New Brunswick town park
CBC News ·
This
is an example of a Cougar AVGP. One was given to the town of Sackville,
N.B., by the 8th Canadian Hussars (Princess Louise's) regiment. The
donation was later withdrawn. (CBC)
The armed forces regiment that donated an armoured vehicle to
the Town of Sackville has withdrawn its donation amid controversy
surrounding the gift, the town announced Friday.
Town council
voted in February to accept the armoured vehicle, a Cougar AVGP, as a
gift from the 8th Canadian Hussars (Princess Louise's) regiment.
The town had planned to install in Sackville Memorial Park this summer.
"In
the interim, we have received feedback from the community reflecting a
number of different perspectives on this donation, including those of
the indigenous community," the town said in a statement.
"After hearing these perspectives, the
Hussars made the decision to withdraw the donation and offered to
explore alternative ways to memorialize the special relationship between
the Hussars and the Town.
"We thank the Hussars for their generosity and the positive gesture."
The
gift was met with opposition by some residents, calling it a liability
issue and an upsetting symbol for people who have already experienced
war.
The park also features an armoured vehicle called a Ferret, a
six-metre cenotaph with plaques memorializing local soldiers who died
in previous wars, a propeller and an anchor.
Resident Jeska Grue said what's already there is plenty.
"I
don't feel that it's the best way for a memorial park [to] commemorate
veterans and those affected by war," she told CBC News earlier this
month.
She said it could be an upsetting symbol for people who have first-hand experience with war.
The Sackville park already features an armoured vehicle that has plaques
memorializing local soldiers who died in previous wars. (CBC)
Jim
Lockyer, honorary colonel of the 8th Canadian Hussars, has said the
Cougar should act as a way to commemorate previous battles.
"This is not glorifying war, if anything it's a memento to discourage it," he said.
Meanwhile,
RCMP are investigating obscene graffiti someone painted last weekend on
the armoured vehicle already on display at the park. Police are
investigating whether the vandalism is connected to the controversy.
A
special council meeting has been scheduled for Tuesday to discuss the
issue. The town said it will be up to the presenters to determine if
they still want to address the Hussar's decision.
The town said in
the statement it would like to further discuss "the future development
of Memorial Park and establishing suitable plans to recognize all
veterans."
WOW Methinks Sackville just upset a lot of Ghosts and a legion of veterans who are still very much alive N'esy Pas?
Larry LeBlanc
Content disabled
Pathetic....I'll
take, put it in my front yard and create a memorial for all to visit.
Honoured to do it in memory of my Father in Law wounded 4 times in WW 2,
his brother, killed when his bomber crashed in WW 2 and their father
who served in WW 1.
David R. Amos
Content disabled
Reply to @Larry LeBlanc: Good for you Let me know if you get it
Methinks you may enjoy my visit to it BTW my Father's aircraft crashed
in WWII and he was the soul surviour of nine men in that PBY. He named
me after his friend David Hornell who died in the North Atlantic on my
Mother's birthday June 24th 1944 Two weeks before her brother Raymond
Mitton was killed in Normandy on June 8th and my cousin the local Green
MLA certainly knows that irrefutable fact N'esy Pas?
Edward Andrews
Better
yet, lets remove all the reminders of the deeds of veterans, its better
to forget those who gave everything so others could have opinions and
the freedom to express them without having ever suffered the trials of
service. (read with lots of sarcasm).
This is a ridiculous thing to say: "I don't feel that it's the best way
for a memorial park [to] commemorate veterans and those affected by
war,"
No? Lets start with the indigenous people, some who have served Canada
in the military to great distinction. How about those who saw a Canadian
armoured vehicle roll into their village to great relief, knowing they
were now safe? How about those soldiers long out of uniform that can
stand before a simply vehicle and recall the camaraderie, the
challenges, the grief, sacrifice and good that they did for others and
their nation.
Marc Bourque
Reply to @Edward Andrews: they would rather be handing out rose coloured glasses.I bet most are vegans
David R. Amos
Reply to @Marc Bourque: Methinks many a true word is said in jest N'esy Pas?
Marc Bourque
Reply to @David R. Amos: some maybe lol..
David R. Amos
Content disabled
Reply to @Marc Bourque: Methinks you should ask CBC why they block so many serious comments N'esy Pas?
Edward Andrews
Reply
to @Edward Andrews: How about the fact that it is a veterans memorial
park and if the symbolism of a military vehicle is evocative and brings
forth some difficult emotions then is that not the point? Deal with you
bloody feelings instead of trying to turn every space into a safe
emotion free dead zone of safety. Grow up!
Marc Bourque
Good
way to disrespect our military and veterans. If a vehicle is so
offensive how about digging a big muddy bomb crater in the park.
Remember if it wasn’t for those who fought and died for our freedom we’d
all be speaking German today.
David Peters
Reply to @Marc Bourque:
Isn't that kind of threatening Canadians?
Marc Bourque
Reply to @David Peters: not one bit! No threats here,now you can continue to down-thumb all other opinions.
Marc Leblanc
Reply to @Marc Bourque: Your post was bang on.Responding to people like him are a complete waste of your time
Johnny Horton
Reply to @David Peters:
How is it theaten8ng? He didn’t say BOMB he said DIG a bomb crater. To show real effects of ear.
David R. Amos
Reply to @David Peters: NOPE
Wendy Staples
What
a disgusting lack of respect for our military who served and are no
longer with us, for our veterans and for our serving Canadians. When it
comes to our military, there will never be a way to completely thank
them and Sussex should have it's name changed to Snowflakes.
Joe E. White
Reply to @Wendy Staples: Sussex? Don't you mean Sackville?
David R. Amos
Reply to @Joe E. White: FYI the 8th Hussars were based in Sussex in WWII
Kings County Record June 22, 2004
Raising a Little Hell- Lively Debate Provokes Crowd
By Erin Hatfield
"If you don't like what you got, why don't you change it? If your world is all screwed up, rearrange it."
The 1979 Trooper song Raise a Little Hell blared on the speakers at the
8th Hussars Sports Center Friday evening as people filed in to watch the
Fundy candidates debate the issues. It was an accurate, if unofficial,
theme song for the debate.
The crowd of over 200 spectators was dwarfed by the huge arena, but as
they chose their seats, it was clear the battle lines were drawn.
Supporters of Conservative candidate Rob Moore naturally took the blue
chairs on the right of the rink floor while John Herron's Liberalswent
left. There were splashes of orange, supporters of NDP Pat Hanratty,
mixed throughout. Perhaps the loudest applause came from a row towards
the back, where supporters of independent candidate David Amos sat."
Josef Blow
Reply
to @David R. Amos: The story giving rise to comments is related to an
important news story; the story has 0 (that’s a zero) to do with this
Amos cat.
Marc
LeBlanc
Jim
Lockyer was one of the few politicians this province has had that had a
moral and ethical code.We desperately need more like him
David R. Amos
Reply to @Marc
LeBlanc: I disagree Methinks many folks would agree that we need less
political lawyers working with the SANB N'esy Pas?
Josef Blow
Reply to @Josef Blow: Might you explain what the SANB has to do with this news item ??
Josef Blow
Reply to @David R. Amos: Are ya there, Dave?
Rima Azar
Not only "we engage in genocide" but also in national suicide.
This couple of vocal people do not represent the majority of (silent) citizens.
They surely do NOT represent me and I am someone who grew up in civil war until age 17.
I also doubt that they represent our 12,000 Indigenous Canadian veterans.
When will this collective insanity stop?
Johnny Horton
Reply to @Rima Azar:
Sadly it won’t stop. Sadly these people will be running the country in
thirty years time. Fortunately most of us will be dead by then and not
have to witness it.
Graham McCormack
Reply to @Rima Azar: Maybe it's time for you to speak up.
David R. Amos
Content disabled
Reply to @Rima Azar: "When will this collective insanity stop?"
Methinks it would help if more people like you spoke up and ran for public office as well N'esy Pas?
David R. Amos
Reply to @Graham McCormack: Methinks you should too N'esy Pas?
David R. Amos
Reply to @Rima Azar: Trust that you would have liked my reply
Joe Gallant
I
have business associates that live and work in Sackville and have told
me more than once never to start a business or move to Sackville all due
to people running this town and making a mockery of it. Anyone wanting
to move to any foreighn country should accept things the way they are
like us wanting to show respect to our military by having a park with
historic memorbalia. It has nothing to do with promoting hate or loving
war and ones who claim it is needs to attend the Nov 11th ceremonies
more.
Thank you to everyone who fought evil to allow me the right to voice my opinion
David R. Amos
Reply to @Joe Gallant: I have heard the same
DON MOFFATT
Is this a nail in the coffin of Western Civilization?
David R. Amos
Reply to @DON MOFFATT: YUP
Josef Blow
Reply
to @DON MOFFATT: The survival of western civilization does not depend
on the important debate relating to this news story ... in Sackville,
New Brunswick, Canada ... hehe. But there’s nothing funny at all about
the aloof and clinical remarks of armchair intellectulars (the ironic
spelling is intended). No one, save the psychopaths in Canadian society,
truly WANTS to engage in combat and conflict. But those who HAVE SERVED
and who died in their chosen field of soldier or who serve in the air
or on water, deserve our respect for their efforts and supreme
contribution; not some snotty comments from people living in a faux
nucleus of detached consideration.
Donald Smith
Man oh Man, this is an unreal Memory Insult to the Women And Men Vets who FOUGHT and DIED for Canada
David R. Amos
Reply to @Donald Smith: YUP
Donald Smith
Sarcastically I say, Way To Go Sackville, remind me not to go there again
David R. Amos
Reply to @Donald Smith: I will be back
Brian Robertson
It's a university town.
They're haven't completed their education yet.
David R. Amos
Reply to @Brian Robertson: Obviously not
Samual
Johnston
Too
bad more people in Sackville did not stand up against the vocal
minority. Is seems more and more the squeaky wheels get their way
because people in power are afraid to take a stand.
David R. Amos
Reply to @Samual
Johnston: Methinks the squeaky wheels just put Sackville on the map and
not in a very good light before a federal election N'esy Pas?
Robert
Brannen
Reply
to @Samual Johnston: There appeared to be as many, or even more,
squeaky voices from the silent majority being posted on an earlier story
related to this issue.
Samual
Johnston
Reply to @Robert
Brannen: a few posting on CBC news site does not sway the powers that be
in Sackville though nor should it. People need to speak up and demand
the council ask if not beg for this donation to be offered again.
Robin Ellison
So,
as usual, the SJWs win again - and everyone else loses. When will
these squeaky wheel types realize all the damage they are inflicting on
the more reasonable silent majority.
David R. Amos
Reply to @Robin Ellison: Methinks on or about the 12th of Never N'esy Pas?
David
Peters
Imo,
it would be more positive to commemorate and celebrate ppl who invent
innovative solutions and things, and those who help others.
Military is populated by ppl who have no choice but to follow
orders...and who are trained to kill ppl and break things. Might be
something that humanity should be moving away from, imo.
David R. Amos
Content disabled
Reply to @David
Peters: Methinks our military fought bravely to defend your right to speak and publish dumb opinions N'esy Pas?
David R. Amos
Reply to @David
Peters: WOW
David R. Amos Reply to @David Peters: Methinks you should check my work in Twitter N'esy Pas?
Oscar Acosta Reply to @David Peters: As a fulltime Sackville resident, I completely agree.
Marc Bourque Reply
to @David Peters: either we like it or not,at times war is necessary to
have peace.Simply look at WW1 and 2....dont downgrade those, who gave
their souls up for your freedom!
David R. Amos
Reply to @Marc Bourque: Methinks its interesting that you can post that opinion but I cannot N'esy Pas?
David
Peters
Reply to @Marc Bourque:
WW1 was a complete waste of life and treasure...and it directly caused WW2 which was worldwide destruction.
Maybe, if more ppl were critical of gov't back then, millions of people could have been saved a living nightmare.
David
Peters
Reply to @Marc Bourque:
...and where did I downgrade anyone?
It's my view that ppl who are only in a position to follow orders...and
are paid very well for their time...it's just not something to
celebrate, imo.
Reply to @David
Peters: Here's how you downgraded those who served in the military, by
thinking that all people who served are mindless killing machines. They
are not, the military does not want them and they make very poor
Sailors, Soldiers and Airmen/women. You speak like someone who has only
ever served himself.
You would not know the cost to these men and women who can be called
away at a moments notice to deploy to a humanitarian crisis, natural
disasters or a war zone. The men and women who serve in our Navy, Army
and Air Force are not mindless, they are smart, intelligent and driven
to complete their mission. They are often deployed to situations that
are fluid and have to have great skill at adaption. They are willing to
sacrifice, their families are willing to sacrifice. Are you?
As for your comments on WW1 and WW2. They were going to happen due to
the culture of the time. Your sense of appeasement and capitulation is
what made WW2 worse not better. Yes it destroyed Europe but it also
showed what could be accomplished when everyone works together. From WW2
the civil rights movement was born, the women's rights movement
progressed and fascism was pushed back.
The members of the military are called to serve. They serve in places
where most people don't have the skills to serve, whether it is site of a
natural disaster, humanitarian crisis or a war zone.
As for the memorial I'm pretty sure that no veteran walks by them and
thinks it is a glorification of war, that is an attitude of someone who
never volunteered to serve. Veterans will remember the sacrifice, and it
will always have a sadness to it. For those that have never served and
are uncomfortable with these memorials and the thought of war, good, war
should never be a comfortable thought.
Josef Blow
Reply to @David
Peters: You wonder how you might have, in some way, “downgraded” anyone.
I refer you to your other comment wherein you state: , (...) it would
be more positive to commemorate and celebrate ppl who invent innovative
solutions and things, and THOSE WHO HELP OTHERS (italics are mine).
I cannot fathom how you can intimate that Canadian Soldiers do not help you. Appalling.
Josef Blow
Reply to @David R. Amos: Hehe ... your “work”? Amusing use of a once-noble and meaningful term.
Josef Blow
Reply to @Shawn
Steele: Thank you, Shawn, for a comment that goes beyond the obvious
merit of acknowledging those who serve in a professional capacity in
the air, on the water and on land. Your comment is a also a meaningful
acknowledgement of the commitment to serving CANADA, to the point of
offering their lives, if it should happen.
Jeska
Grue lives in Sackville and said a second armoured vehicle could be an
upsetting symbol for people who use the park. (CBC)
A Sackville group is opposing the installation of a second armoured fighting vehicle in the town's memorial park.
The
retired armoured fighting vehicle, known as a Cougar AVGP, was given to
the town from the 8th Canadian Hussars (Princess Louise's) regiment.
Sackville town council voted to accept the gift in February and plans to
install the armoured vehicle in the Sackville Memorial Park this
summer.
But people living in the neighbourhood said they weren't
aware of the new addition until workers started prepping a corner of the
park for a concrete pad that will house the six-wheeled armoured
vehicle.
The
park already features an armoured vehicle called a Ferret, a six metre
cenotaph with plaques memorializing local soldiers who died in previous
wars, a propeller and an anchor.
Jeska Grue, whose backyard backs onto the park, said what's already there is plenty.
"I don't feel that it's the best way for a memorial park [to] commemorate veterans and those affected by war."
A testimonial to soldiers
The
Sackville park already features an armoured vehicle that has plaques
memorializing local soldiers who died in previous wars. (CBC)
Grue said an armoured vehicle could be an upsetting symbol for people who have first-hand experience with war.
Her grandfather served in the Second World War, where he worked as a tank mechanic.
"He
did suffer from [post-traumatic stress disorder] and alcoholism for the
rest of his life," she said. "To me, that's the memory that it draws."
Grue said refugees starting a new life in Sackville may also be troubled by the armoured vehicle sitting in the middle of town.
We have all this effort going on to stop bullying and I think this just reinforces that you can solve problems with force.
- Dr. Ross Thomas, resident
But
Jim Lockyer, honorary colonel of the 8th Canadian Hussars, said the
Cougar should act as a way to commemorate previous battles.
"This is not glorifying war, if anything it's a memento to discourage it."
He's
toured fields in Italy where soldiers belonging to the 8th Canadian
Hussars lost their lives fighting during the Second World War.
"There
are young men, 18 to 25 years old, one of whom was Stedman Henderson
from Moncton, who again did not come home and they're still there," he
said.
"So it's a testimonial to their contribution."
What kind of message does it send?
Lockyer said the incoming Cougar was not used in war, but people who served and died used machinery like it.
"It's
not glorifying absolutely anything, what it is is recognizing the
contribution that members of this regiment made to essentially safeguard
Europe. And also safeguard the rights we have, which include the right
to disagree with whatever is being proposed."
Lockyer said preparations to have the armoured vehicle moved to Sackville will continue unless he's told otherwise.
In the meantime, residents will be passing a petition around town, hoping to find a way for council to reconsider.
Dr. Ross Thomas, who lives in the area, questions what kind of message the Cougar will send to children who play in the park.
Dr. Ross Thomas questions what kind of message the new armoured vehicle will send to children who play in the park. (CBC)
"We
have all this effort going on to stop bullying and I think this just
reinforces that you can solve problems with force," he said.
Thomas also wonders if there are liability issues linked to having the military vehicle in the park.
"It's inevitable that when kids see that, they want to climb those things, unless you are going to put a big cage around it."
186 Comments Commenting is now closed for this story.
David Amos I
was born in Sackville and raised in Dorchester until 1967. I was named
after two young men who lost their lives to WW II defending our rights
and freedoms. I have a deep respect for our veterans. My Father's friend
David Hornell died in the North Atlantic on my Mother's birthday about
two weeks after her favourite brother Raymond Mitton was killed in
Normandy on June 8th, 1944. (Raymond's name can be found on the cenotaph
in Dorchester) My Father's plane went down in WWII and he was the soul
survivour of that crash or I would not be typing this now. Trust that I
would dearly love to see a PBY placed in Memorial Park In honour of my
Father and his many comrades in arms if only to remind us all that
another war can be upon us at any time no thanks that tough talking
Yankee Mr Trump. Thats all I will say on this topic.
Robert
Brannen Reply to @David Amos:
My uncle was lost in World War II, his sisters and my grandfather
attended the ceremonies in memory of those who made that supreme
sacrifice faithfully. Not one of them would consider a display of the
machinery of war to be a memorial to those who lost their lives in its
use.
My mother, my aunts and my grandfather tended to promote a proactive
approach to implementing the strategy outlined elsewhere with regard to
beating swords into ploughshares rather than glorifying implements of
warfare.
Steve Mercer
Reply to @Robert
Brannen: As a veteran, this exactly the sort of thing we want and those
that have gone before us would want it too!
David Amos Methinks anyone can Google "Fundy Royal Debate" then go to the 28 minute mark and listen closely N'esy Pas?
John Smith
Reply to @David Amos:
david do you always ref your public speaking engagements because your
not permitted to think and speak of them out loud in a public square
maybe try a jesters hat traditionally they were permitted to criticize
the king and aristocrats
David Amos
Reply to @john smith:
Methinks you should finally read my lawsuit (Federal Court File No T-
1557-15)Paragraph 83 would be a could place t start with regards to this
issue N'esy Pas?
Not long after CBC comment section closed James Lockyer QC an old law school classmate of my sister and
her hubby Reid Chedore called me back and denied receiving this
email. However the former Attorney General refused to look on the internet to verify
what I said was true. So I gave up on his bullshit and told him to answer me
in writing
I could easily tell that the sneaky SANB/Liberal lawyer got the damned email.
Controversial
armoured vehicle to be set up in Sackville Memorial
Park, upsets
residents
While residents agree veterans deserve to be commemorated, some
worry
the armoured vehicle glorifies war
Tori Weldon · CBC News · Posted:
Jun 18, 2019 7:08 AM AT
"Jeska Grue, whose backyard backs onto the park,
said what's already
there is plenty.
"I don't feel that it's the best
way for a memorial park [to]
commemorate veterans and those affected by
war."
Grue said an armoured vehicle could be an upsetting symbol for
people
who have first-hand experience with war.
Her grandfather served
in the Second World War, where he worked as a
tank mechanic.
"He did
suffer from [post-traumatic stress disorder] and alcoholism
for the rest of
his life," she said. "To me, that's the memory that it
draws."
Grue
said refugees starting a new life in Sackville may also be
troubled by the
armoured vehicle sitting in the middle of town.
But Jim Lockyer, honorary
colonel of the 8th Canadian Hussars, said
the Cougar should act as a way to
commemorate previous battles.
"This is not glorifying war, if anything
it's a memento to discourage it."
He's toured fields in Italy where
soldiers belonging to the 8th
Canadian Hussars lost their lives fighting
during the Second World
War.
"There are young men, 18 to 25 years old,
one of whom was Stedman
Henderson from Moncton, who again did not come home
and they're still
there," he said.
"So it's a testimonial to their
contribution."
90 Comments
David Amos
Methinks anyone
can Google "Fundy Royal Debate" then go to the 28
minute mark and listen
closely N'esy Pas?
John Smith
Reply to @David Amos: david do you
always ref your public speaking
engagements because your not permitted to
think and speak of them out
loud in a public square maybe try a jesters hat
traditionally they
were permitted to criticize the king and
aristocrats
David Amos
Reply to @john smith: Methinks you should
finally read my lawsuit
(Federal Court File No T- 1557-15)Paragraph 83 would
be a could place
t start with regards to this issue N'esy Pas?
James E. Lockyer,
Q.C.
Université de Moncton
Professeur:
Faculté de droit
Edifice A.J.
Cormier
Moncton, New Brunswick E1A 3E9
Phone: 506-863-2134
Fax:
506-858-4534
Email: james.lockyer@umoncton.ca
I
have the advantage, sir, of having read many of your emails over the
years.
As such, I do not think a phone conversation between us,
and
specifically one which you might mistakenly assume was in response
to
your threat of legal action against me, is likely to prove a
productive
use of either of our time.
If there is some specific matter about
which you wish to communicate
with me, feel free to email me with the full
details and it will be
given due
consideration.
Sincerely,
Charles Murray
Ombud
NB
Acting Integrity
Commissioner
>>>
>>> Date: Wed, 3 Oct
2007 10:48:58 -0400 (EDT)
>>> From: "David Raymond Amos" davidramos333@yahoo.ca
>>>
Subject: I already know that you are as crooked as Hell Mr Leger. I
am
>>> fishing for an honest cop not another corrupt bureaucrat. i
am just
>>> proving that you know the truth Get it?
>>>
To: Marc.Leger@gnb.ca
>>>
CC: Day.S@parl.gc.ca,
John.Foran@gnb.ca, pat.bonner@saintjohn.ca,
>>>
lou.lafleur@fredericton.ca,
infoam@fredericton.cbc.ca,
>>>
infomorning@moncton.cbc.ca,
infomorning@halifax.cbc.ca,
>>>
webo@xplornet.com, Stephane.vaillancourt@rcmp-grc.gc.ca,
>>>
alltrue@nl.rogers.com,
samperrier@hotmail.com,
oldmaison@yahoo.com,
>>>
Scott.A@parl.gc.ca,
amerrino@gmail.com,
deanr0032@hotmail.com,
>>>
wickedwanda3@adelphia.net,
rfowlo@comcast.net,
Harper.S@parl.gc.ca,
>>>
bmulroney@ogilvyrenault.com,
pcollin@cpa-acp.ca,
Dion.S@parl.gc.ca,
>>>
Dryden.K@parl.gc.ca,
Layton.J@parl.gc.ca,
Duceppe.G@parl.gc.ca,
>>>
Casey.B@parl.gc.ca,
leader@greenparty.ca
>>>
>>>
Subject: Mr. Amos
>>> Date: Wed, 3 Oct 2007 11:41:22
-0300
>>> From: "Leger, Marc (DPS/MSP)" Marc.Leger@gnb.ca
>>>
To: "David Raymond Amos" davidramos333@yahoo.ca
>>>
David Amos,
>>>
>>> I am not able to address your
concerns.
>>>
>>> Your calls and emails are not welcome
and I would like you to stop
>>> communicating with me by phone and
email
>>>
>>> Marc Léger
>>> Deputy Minister
/ Sous-ministre
>>> Public Safety / Sécurité
publique
>>> (506) 453-7412 marc.leger@gnb.ca
>>>
Working together to build a safer New Brunswick / Travaillons
ensemble
>>> pour bâtir un Nouveau-Brunswick plus
sûr
>>>
>>
>> ---------- Forwarded message
----------
>> From: Brian Gallant <briangallant10@gmail.com>
>>
Date: Tue, 29 May 2018 06:01:57 -0700
>> Subject: Merci / Thank you Re:
Fwd: I just called Alan Roy again about
>> my right to health care, my
missing 1965 Harley, the Yankee Wiretaps
>> tapes in its saddlebag and
Federal Court and his assistant played dumb
>> as usual
>> To:
motomaniac333@gmail.com
>>
>>
(Français à suivre)
>>
>> If your email is pertaining to the
Government of New Brunswick, please
>> email me at brian.gallant@gnb.ca
>>
>>
If your matter is urgent, please email Greg Byrne at greg.byrne@gnb.ca
>>
>>
Thank you.
>>
>> Si votre courriel s'addresse au Gouvernement
du Nouveau-Brunswick,
>> svp m'envoyez un courriel à brian.gallant@gnb.ca
>>
>>
Pour les urgences, veuillez contacter Greg Byrne à greg.byrne@gnb.ca
>>
>>
Merci.
>>
>>
>>
>>
>> ----------
Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>>
Date: Tue, 29 May 2018 10:42:09 -0400
>> Subject: Attn Marc Richard and
John McNair I just called AGAIN Say hey
>> to my Brother in Law W. S.
Reid CHEDORE and his brother of the law
>> David Lutz QC for me will
ya?
>> To: MRichard@lawsociety-barreau.nb.ca,
John.McNair@snb.ca,
>>
"serge.rousselle" <serge.rousselle@gnb.ca>,
Erin.Hardy@snb.ca,
>>
David.Eidt@gnb.ca
>>
Cc: David Amos <david.raymond.amos@gmail.com>
>>
>>
>>>
---------- 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.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>>
>>>
These are digital recordings of the last three
hearings
>>>
>>> Dec 14th https://archive.org/details/BahHumbug
>>>
>>>
January 11th, 2016 https://archive.org/details/Jan11th2015
>>>
>>>
April 3rd, 2017
>>>
>>> https://archive.org/details/April32017JusticeLeblancHearing
>>>
>>>
>>>
This is the docket in the Federal Court of
Appeal
>>>
>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>>
>>>
>>>
The only hearing thus far
>>>
>>> May 24th,
2017
>>>
>>> https://archive.org/details/May24thHoedown
>>>
>>>
>>>
This Judge understnds the meaning of the word
Integrity
>>>
>>> Date:
20151223
>>>
>>> Docket:
T-1557-15
>>>
>>> Fredericton, New Brunswick, December
23, 2015
>>>
>>> PRESENT: The Honourable Mr.
Justice Bell
>>>
>>>
BETWEEN:
>>>
>>> DAVID RAYMOND
AMOS
>>>
>>> Plaintiff
>>>
>>>
and
>>>
>>> HER MAJESTY THE
QUEEN
>>>
>>> Defendant
>>>
>>>
ORDER
>>>
>>> (Delivered orally from the Bench in
Fredericton, New Brunswick, on
>>> December 14,
2015)
>>>
>>> The Plaintiff seeks an appeal de novo, by
way of motion pursuant to
>>> the Federal Courts Rules (SOR/98-106),
from an Order made on November
>>> 12, 2015, in which Prothonotary
Morneau struck the Statement of Claim
>>> in its
entirety.
>>>
>>> At the outset of the hearing, the
Plaintiff brought to my attention a
>>> letter dated September 10,
2004, which he sent to me, in my then
>>> capacity as Past President
of the New Brunswick Branch of the Canadian
>>> Bar Association, and
the then President of the Branch, Kathleen Quigg,
>>> (now a Justice
of the New Brunswick Court of Appeal). In that letter
>>> he
stated:
>>>
>>> As for your past President, Mr. Bell,
may I suggest that you check the
>>> work of Frank McKenna before I
sue your entire law firm including you.
>>> You are your brother’s
keeper.
>>>
>>> Frank McKenna is the former Premier of
New Brunswick and a former
>>> colleague of mine at the law firm of
McInnes Cooper. In addition to
>>> expressing an intention to sue
me, the Plaintiff refers to a number of
>>> people in his Motion
Record who he appears to contend may be witnesses
>>> or potential
parties to be added. Those individuals who are known to
>>> me
personally, include, but are not limited to the former Prime
>>>
Minister of Canada, The Right Honourable Stephen Harper; former
>>>
Attorney General of Canada and now a Justice of the Manitoba Court
of
>>> Queen’s Bench, Vic Toews; former member of Parliament Rob
Moore;
>>> former Director of Policing Services, the late Grant
Garneau; former
>>> Chief of the Fredericton Police Force, Barry
McKnight; former Staff
>>> Sergeant Danny Copp; my former colleagues
on the New Brunswick Court
>>> of Appeal, Justices Bradley V. Green
and Kathleen Quigg, and, retired
>>> Assistant Commissioner Wayne
Lang of the Royal Canadian Mounted
>>>
Police.
>>>
>>> In the circumstances, given the threat
in 2004 to sue me in my
>>> personal capacity and my past and
present relationship with many
>>> potential witnesses and/or
potential parties to the litigation, I am
>>> of the view there
would be a reasonable apprehension of bias should I
>>> hear this
motion. See Justice de Grandpré’s dissenting judgment in
>>>
Committee for Justice and Liberty et al v National Energy Board et
al,
>>> [1978] 1 SCR 369 at p 394 for the applicable test
regarding
>>> allegations of bias. In the circumstances, although
neither party has
>>> requested I recuse myself, I consider it
appropriate that I do so.
>>>
>>>
>>> AS A
RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator
of
>>> the Court schedule another date for the hearing of the
motion. There
>>> is no order as to
costs.
>>>
>>> “B. Richard Bell”
>>>
Judge
>>>
>>>
>>> Below after the CBC
article about your concerns (I made one comment
>>> already) you
will find the text of just two of many emails I had sent
>>> to your
office over the years since I first visited it in
2006.
>>>
>>> I noticed that on July 30, 2009, he was
appointed to the the Court
>>> Martial Appeal Court of Canada
Perhaps you should scroll to the
>>> bottom of this email ASAP and
read the entire Paragraph 83 of my
>>> lawsuit now before the
Federal Court of Canada?
>>>
>>> "FYI This is the text
of the lawsuit that should interest Trudeau the
>>>
most
>>>
>>>
>>> ---------- 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.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>>>
>>>
>>>
83. The Plaintiff states that now that Canada is involved in more
war
>>> in Iraq again it did not serve Canadian interests and
reputation to
>>> allow Barry Winters to publish the following words
three times over
>>> five years after he began his
bragging:
>>>
>>> January 13, 2015
>>> This
Is Just AS Relevant Now As When I wrote It During The
Debate
>>>
>>> December 8, 2014
>>> Why
Canada Stood Tall!
>>>
>>> Friday, October 3,
2014
>>> Little David Amos’ “True History Of War” Canadian
Airstrikes And
>>> Stupid Justin
Trudeau
>>>
>>> Canada’s and Canadians free ride is
over. Canada can no longer hide
>>> behind Amerka’s and NATO’s
skirts.
>>>
>>> When I was still in Canadian Forces then
Prime Minister Jean Chretien
>>> actually committed the Canadian
Army to deploy in the second campaign
>>> in Iraq, the Coalition of
the Willing. This was against or contrary to
>>> the wisdom or
advice of those of us Canadian officers that were
>>> involved in
the initial planning phases of that operation. There were
>>>
significant concern in our planning cell, and NDHQ about of the
dearth
>>> of concern for operational guidance, direction, and
forces for
>>> operations after the initial occupation of Iraq. At
the “last minute”
>>> Prime Minister Chretien and the Liberal
government changed its mind.
>>> The Canadian government told our
amerkan cousins that we would not
>>> deploy combat troops for the
Iraq campaign, but would deploy a
>>> Canadian Battle Group to
Afghanistan, enabling our amerkan cousins to
>>> redeploy troops
from there to Iraq. The PMO’s thinking that it was
>>> less costly
to deploy Canadian Forces to Afghanistan than Iraq. But
>>> alas no
one seems to remind the Liberals of Prime Minister Chretien’s
>>>
then grossly incorrect assumption. Notwithstanding Jean
Chretien’s
>>> incompetence and stupidity, the Canadian Army was
heroic,
>>> professional, punched well above it’s weight, and the
PPCLI Battle
>>> Group, is credited with “saving Afghanistan” during
the Panjway
>>> campaign of 2006.
>>>
>>>
What Justin Trudeau and the Liberals don’t tell you now, is that
then
>>> Liberal Prime Minister Jean Chretien committed, and
deployed the
>>> Canadian army to Canada’s longest “war” without the
advice, consent,
>>> support, or vote of the Canadian
Parliament.
>>>
>>> What David Amos and the rest of the
ignorant, uneducated, and babbling
>>> chattering classes are too
addled to understand is the deployment of
>>> less than 75 special
operations troops, and what is known by planners
>>> as a “six pac
cell” of fighter aircraft is NOT the same as a
>>> deployment of a
Battle Group, nor a “war” make.
>>>
>>> The Canadian
Government or The Crown unlike our amerkan cousins have
>>> the
“constitutional authority” to commit the Canadian nation to war.
>>>
That has been recently clearly articulated to the Canadian public
by
>>> constitutional scholar Phillippe Legasse. What Parliament can
do is
>>> remove “confidence” in The Crown’s Government in a “vote
of
>>> non-confidence.” That could not happen to the Chretien
Government
>>> regarding deployment to Afghanistan, and it won’t
happen in this
>>> instance with the conservative majority in The
Commons regarding a
>>> limited Canadian deployment to the Middle
East.
>>>
>>> President George Bush was quite correct
after 911 and the terror
>>> attacks in New York; that the Taliban
“occupied” and “failed state”
>>> Afghanistan was the source of
logistical support, command and control,
>>> and training for the Al
Quaeda war of terror against the world. The
>>> initial defeat, and
removal from control of Afghanistan was vital
and
>>>
>>> P.S. Whereas this CBC article is about your
opinion of the actions of
>>> the latest Minister Of Health trust
that Mr Boudreau and the CBC have
>>> had my files for many years
and the last thing they are is ethical.
>>> Ask his friends Mr
Murphy and the RCMP if you don't believe me.
>>>
>>>
Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>>
From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>>
To: motomaniac_02186@yahoo.com
>>>
>>>
January 30, 2007
>>>
>>> WITHOUT
PREJUDICE
>>>
>>> Mr. David
Amos
>>>
>>> Dear Mr.
Amos:
>>>
>>> This will acknowledge receipt of a copy of
your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of
the RCMP.
>>>
>>> Because of the nature of the
allegations made in your message, I have
>>> taken the measure of
forwarding a copy to Assistant Commissioner Steve
>>> Graham of the
RCMP “J” Division in Fredericton.
>>>
>>>
Sincerely,
>>>
>>> Honourable Michael B.
Murphy
>>> Minister of Health
>>>
>>>
CM/cb
>>>
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca
wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53
-0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>>
To: kilgoursite@ca.inter.net,
MichaelB.Murphy@gnb.ca,
>>>
nada.sarkis@gnb.ca,
wally.stiles@gnb.ca,
dwatch@web.net,
>>>
motomaniac_02186@yahoo.com
>>>
CC: ottawa@chuckstrahl.com,
riding@chuckstrahl.com,John.Foran@gnb.ca,
>>>
Oda.B@parl.gc.ca,"Bev
BUSSON" bev.busson@rcmp-grc.gc.ca,
>>>
"Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>>
Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>>
forgotten me but the crooks within the RCMP have
not
>>>
>>> Dear Mr.
Amos,
>>>
>>> Thank you for your follow up e-mail to me
today. I was on days off
>>> over the holidays and returned to work
this evening. Rest assured I
>>> was not ignoring or procrastinating
to respond to your concerns.
>>>
>>> As your attachment
sent today refers from Premier Graham, our position
>>> is clear on
your dead calf issue: Our forensic labs do not process
>>> testing
on animals in cases such as yours, they are referred to the
>>>
Atlantic Veterinary College in Charlottetown who can provide
these
>>> services. If you do not choose to utilize their expertise
in this
>>> instance, then that is your decision and nothing more
can be done.
>>>
>>> As for your other concerns
regarding the US Government, false
>>> imprisonment and Federal
Court Dates in the US, etc... it is clear
>>> that Federal
authorities are aware of your concerns both in Canada
>>> the US.
These issues do not fall into the purvue of Detachment
>>> and
policing in Petitcodiac, NB.
>>>
>>> It was indeed an
interesting and informative conversation we had on
>>> December
23rd, and I wish you well in all of your future
endeavors.
>>>
>>>
Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>>
GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph:
(506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>>
>>>
>>>
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.blogspot.ca/2013/10/re-glen-greenwald-and-braz
>>>
ilian.html
>>>
>>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>>
>>>>
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?v=vugUalUO8YY
>>>>
>>>>
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/ITriedToExplainItToAllMaritimersInEarly200
>>>>
6
>>>>
>>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>>
>>>>
http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>>
>>>>
http://archive.org/details/Part1WiretapTape143
>>>>
>>>>
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.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html
>>
>>
>>
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.ca/fca-caf/decisions/en/item/236679/index.do
>>
>>
>>
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
>>
>>
>> https://www.facebook.com/johnwilliamsonNB/photos/a.848901995163272.1073741826.172576949462450/1765074580212671/?type=3
>>
>>
John Williamson - Conservative Nomination Candidate New Brunswick
>>
Southwest
>> May 17 at 12:48pm ·
>>
>> Great news!
John Williamson is running for the federal Conservative
>> nomination
in New Brunswick Southwest. He needs your help to secure
>> the riding
and defeat the Trudeau Liberals in 2019.
>>
>> Having served
as Member of Parliament from 2011-2015, he knows the
>> issues, has
proven ability, and can win: John had the highest
>> Conservative vote
— 38.6% — of all 32 ridings in Atlantic Canada in
>> 2015. It wasn’t
enough to get over the top, but it was a clear signal
>> that his local
campaign was strong.
>>
>> How can you help? Only current
Conservative Party members can vote for
>> John in the nomination, so
please signup or renew your membership
>> here: https://donate.conservative.ca/membership/
>>
>>
There are also envelopes that need stuffing, phone calls that need
to
>> be made, and events already planned.
>>
>>
Contact John today by e-mail at VoteJohnW@gmail.com or
call
>> 506-466-8347 to let him know how you can
help!
>>
>> Unsure if your membership is current? Feel free to
contact John and
>> ask. His team can make sure you’re all set to
vote.
>>
>> And be sure to share and follow this page for
updates on his campaign
>> and to learn about upcoming
events.
>>
>> Go John! And Vote John
W!
>>
>> Progressive Conservative MLA calls it quits at
provincial level
>> Brian Macdonald won't run again for legislature
seat, but might try
>> federal politics
>> CBC News · Posted:
May 28, 2018 6:07 PM AT | Last Updated: May 28
>> Brian Macdonald, a
Progressive Conservative MLA, has announced he
>> won't run in the
Sept. 24 provincial election. (CBC)
>>
>> New Brunswick's
Progressive Conservative party is losing one of its
>> highest-profile
MLAs just months before the next provincial election.
>>
>>
Brian Macdonald says he won't be a candidate this fall and may
instead
>> jump into federal politics.
>>
>> Calling
the last year "my best year in politics," the two-term MLA
>> said his
decision has nothing to do with PC Leader Blaine Higgs, who
>> beat
Macdonald for the party leadership in 2016.
>>
>> "It's been a
really good year," Macdonald said. "I've had a strong
>> voice in the
legislature on issues that are really important to my
>>
heart.
>>
>> "I also think it can be a challenge being in
provincial politics. It's
>> very small, it's very close, it's very
tight, and on a personal basis,
>> I want to move
on."
>>
>> Macdonald says he’s considering running for the
federal Conservative
>> nomination in New Brunswick Southwest, which
includes part of the
>> riding of Fredericton West-Hanwell, where he
has been the MLA. (CBC)
>>
>> Macdonald said he's considering
running for the federal Conservative
>> nomination in New Brunswick
Southwest, a constituency that includes
>> part of Macdonald's
provincial riding of Fredericton West-Hanwell.
>>
>>
Health critic slams 'gutting' of top doctor's office
>>
>>
Blaine Higgs faces internal PC dissent over appointment
>>
>>
That decision would pit him against former Conservative MP John
>>
Williamson, who announced May 21 he'll also seek the nomination in
the
>> riding he represented from 2011 to 2015. Party members in the
riding
>> will nominate their candidate June
28.
>>
>> Macdonald said he'll also consider running federally
in Fredericton.
>> The former soldier said he's also looking at job
opportunities with
>> national organizations that advocate for
veterans.
>>
>> "I'm looking for opportunities and considering
a lot of options," he
>> said.
>>
>> Blaine Higgs
wins N.B. PC leadership race on 3rd ballot
>>
>> Tory
leadership hopefuls scramble to be 'second choice' of rivals'
>>
supporters
>>
>> Macdonald is the fifth candidate from the
2016 provincial PC
>> leadership race to opt against running in this
year's election under
>> Higgs.
>>
>> Macdonald said
he is confident he would have won his riding again and
>> the Tories
will win the election Sept. 24, meaning he'd have a shot of
>> becoming
a minister.
>>
>> But he said being a provincial politician
"does wear on you and it
>> does make you think about what the other
options are. … If I go
>> another four years in provincial politics, it
concerns me that my
>> options would be limited after
that."
>>
>> The 47-year-old also said the recent death of
some friends made him
>> realize he should pursue other opportunities
when he can.
>>
>> Macdonald's interest in federal politics
has been well-known for
>> years. He was a political assistant to
former federal Defence Minister
>> Peter MacKay and sought the federal
Conservative nomination for
>> Fredericton for the 2008
election.
>>
>> After failing to win that nomination, he ran
provincially in
>> Fredericton-Silverwood in 2010 and was elected. He
was re-elected in
>> the newly created riding of Fredericton
West-Hanwell in 2014, when he
>> defeated then-NDP leader Dominic
Cardy.
>>
>> Macdonald ran for the leadership of the New
Brunswick Progressive
>> Conservative Party but lost to Blaine Higgs.
(Jacques Poitras/CBC)
>>
>> In 2016, Macdonald ran for the PC
leadership, placing sixth on the
>> first ballot out of seven
candidates.
>>
>> Macdonald said he doesn't think his
departure will hurt the provincial
>> party's chances of holding on to
Fredericton West-Hanwell.
>>
>> "It's going to be very
attractive to a number of high-calibre
>> candidates who are now
beginning to come forward," he
said.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>>
>>>
---------- Forwarded message ----------
>>> From: David Amos <motomaniac333@gmail.com>
>>>
Date: Tue, 25 Sep 2018 14:37:04 -0400
>>> Subject: Birth
Certificates of David and Max Amos
>>> To: swilliams@mosherchedore.ca
>>>
Cc: David Amos <david.raymond.amos@gmail.com>
>>>
>>>
Assistant (Property): Samantha Williams
>>>
>>> Direct
Line: (506) 648-0373
>>> Email: swilliams@mosherchedore.ca
>>>
>>>
>>>
---------- Forwarded message ----------
>>> From: mike gauvin <mikegauvin@live.ca>
>>>
Date: Fri, 12 Oct 2018 01:29:25 +0000
>>> Subject: Re: 83 Valley
Road FYI this is a document I may employ BTW I
>>> am in Saint John
tommorrow attending a hearing at the EUB
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
Tomorrow Iam going to talk to a guy that should do it.
>>>
________________________________
>>> From: David Amos <motomaniac333@gmail.com>
>>>
Sent: October 11, 2018 11:38:58 AM
>>> To: mike gauvin; swilliams;
serge.gauvin; mrichard; serge.rousselle;
>>>
david.eidt
>>> Cc: David Amos; greg.byrne; brian.gallant;
David.Coon;
>>> kris.austin@gnb.ca;
blaine.higgs; robert.gauvin@gnb.ca
>>>
Subject: Re: 83 Valley Road FYI this is a document I may employ BTW
I
>>> am in Saint John tommorrow attending a hearing at the
EUB
>>>
>>> http://www.legaldeeds.com/Interface/Services/Conveyances/Canada/NB/contract_of_purchase_and_sale_of_real_property/questionnaire.php
>>>
>>>
New Brunswick Contract of Purchase and Sale of Real Property
will
>>> provide you with a custom completed contract of purchase
and sale of
>>> real property used in the sale of residential or
recreational real
>>> estate in New Brunswick. This document is a
must for anyone buying or
>>> selling a home or lot privately in New
Brunswick.
>>>
>>> By simply answering a few questions
our service will produce for you
>>> an online custom completed
contract, ready to be signed by the buyer
>>> and the
seller.
>>>
>>> This document includes simple and
straight forward instructions to
>>> enable you to execute quickly
and effortlessly. A subject removal form
>>> is also included for
your convenience. The cost of the personalized
>>> Contract of
Purchase and Sale is $15.00, payable in Canadian dollars.
>>> Within
a few minutes, you will receive your completed PDF documents by
>>>
email.
>>>
>>> To proceed, complete the
entries.
>>>
>>>
>>> On 10/10/18, David Amos
<motomaniac333@gmail.com>
wrote:
>>>> Obviously I have the same problem with every lawyer
in New Brunswick.
>>>>
>>>> If you still wish to
follow though on the deal. I will do as I
>>>> promised and pay
you in full and get you to swear out and purchase and
>>>> sale
agreement properly witnessed by SNB and handle this matter
>>>>
myself.
>>>>
>>>> On 10/10/18, mike gauvin <mikegauvin@live.ca>
wrote:
>>>>> Mosher Chedore replied to me that it's a conflict
and cannot represent
>>>>> me.
>>>>>
________________________________
>>>>> From: David Amos
<motomaniac333@gmail.com>
>>>>>
Sent: October 9, 2018 9:57:18 AM
>>>>> To: swilliams@mosherchedore.ca;
mikegauvin@live.ca
>>>>>
Cc: David Amos
>>>>> Subject: I have yet to receive a response
Why?
>>>>>
>>>>> ---------- Original message
----------
>>>>> From: David Amos <motomaniac333@gmail.com>
>>>>>
Date: Tue, 25 Sep 2018 14:37:04 -0400
>>>>> Subject: Birth
Certificates of David and Max Amos
>>>>> To: swilliams@mosherchedore.ca
>>>>>
Cc: David Amos <david.raymond.amos@gmail.com>
>>>>>
>>>>>
Assistant (Property): Samantha
Williams
>>>>>
>>>>> Direct Line: (506)
648-0373
>>>>> Email: swilliams@mosherchedore.ca
>>>>>
>>>>>
>>>>>
>>>>>
---------- Forwarded message ----------
>>>>> From: mike
gauvin <mikegauvin@live.ca>
>>>>>
Date: Fri, 7 Sep 2018 15:56:14 +0000
>>>>> Subject: Re: Hey
Kyle read real slow
>>>>> To: David Amos <motomaniac333@gmail.com>
>>>>>
>>>>>
Hey David, I tried to call Reid, no avail. I will call that
Serge
>>>>> Gauvin guy Monday morning, this is getting
ridiculous. I would just
>>>>> prefer to go through the proper
legal
channels.
>>>>>
>>>>>
>>>>>
Yours Truly, Michael
Gauvin
>>>>>
>>>>
>>>
>>
>
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