Lawyer asks if N.B. Liquor struck deal that silenced whistleblower
Former executive withdrew offer to testify after resolving complaint against corporation
The lawyer for a businessman fighting N.B. Liquor in court is questioning whether the Crown corporation signed a settlement with a fired employee that would stop her from co-operating with the lawsuit as a whistleblower.
Erica Brown is demanding that the corporation's former director of finance Stacey McKinney turn over all documents related to any settlement between her and N.B. Liquor.
She says in a Nov. 11 letter filed in court that she fears McKinney and her lawyer "may have made a deal" that included her ending her co-operation with the legal case.
Brown is representing Peter Cook, a Hartland businessman seeking a judicial review of N.B. Liquor's decision to move a lucrative agency store contract to another retailer in the village.
A year ago, McKinney, who was fired by N.B. Liquor in 2020, appeared willing to testify for Cook about the Crown corporation's management practices.
Hartland businessperson and Liberal supporter Peter Cook alleges N.B. Liqour manipulated the scoring of his bid and is asking for a judicial review of the decision. (Jacques Poitras/CBC)
According to a sworn affidavit by Cook and Brown's letter, McKinney approached them offering information about what she described as politically motivated decisions driven by N.B. Liquor board chair John Correia, a supporter of Premier Blaine Higgs.
She planned at the time to claim whistleblower status and ask the Labour and Employment Board to rule on her firing, according to her lawyer at the time.
But McKinney abruptly withdrew her complaint against N.B. Liquor this fall, according to a Nov. 2 letter from the labour board filed in court.
In an affidavit filed in Court of King's Bench on Nov. 1, McKinney said she had no information contradicting N.B. Liquor's arguments in the lawsuit by Cook, who claims he lost the contract for an agency liquor store because of political interference.
Her affidavit does not say whether she reached a settlement with the liquor corporation.
Brown responded in a Nov. 11 letter to McKinney's lawyer, John Phillips, saying when she and Cook met McKinney last year, "the information your client provided was highly relevant to my client's litigation and of a high degree of knowledge and expertise."
Brown says McKinney asked for the meeting so she could disclose her "grievances" with N.B. Liquor to Cook.
McKinney's then-lawyer Christian Michaud told a court hearing last year that she was fired from the corporation in June 2020 when she was about to reveal details of financial improprieties to the audit committee of the N.B. Liquor board of directors.
That firing took place before the Hartland agency store contract was taken away from Cook, but Michaud argued McKinney's general knowledge of N.B. Liquor management practices would support Cook's allegations.
Justice Hugh McLellan postponed the judicial review hearing to give McKinney time to apply for whistleblower status under the province's Public Interest Disclosure Act.
But in May, McKinney wrote to Brown saying her lawyer, Phillips, "has requested that I not discuss any N.B. Liquor matters with you or your client."
She wrote in her Nov. 1 affidavit that the statements Michaud and Brown made about her in court last year were made "without my instructions."
Brown wrote to Phillips that she was "shocked and amazed" he let McKinney swear an affidavit saying that.
She says Michaud's submissions in court last year "completely and accurately reflected" what McKinney told her last year and she has detailed notes from the meeting.
Brown's letter is part of the public court file.
Hartland's Irving station and Valufoods outlet at the edge of town took over as the N.B. Liquor agency store last April. (Google Street view)
In a new affidavit filed Nov. 14, Cook lists dozens of claims he says McKinney made about N.B. Liquor, including:
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The corporation broke procurement rules in the controversial awarding of another agency store in Hanwell.
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Correia, a close friend and advisor to Premier Blaine Higgs, "is all about giving contracts to his friends," the affidavit says.
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"Political affiliations definitely have something to do" with the awarding of contracts.
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Rules on how to assess agency store bids are "made up" by the corporation "to discriminate against certain people and companies that they don't want to have agency store contracts."
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N.B. Liquor doesn't keep records of agency store bids or specific agreements with winning bidders, making it impossible to audit agency stores on their performance.
None of the allegations that Cook attributes to McKinney have been proven in court.
Higgs appointed Correia to the N.B. Liquor board in 2019 and he became chair in 2020.
He is a former co-chair of the New Brunswick Progressive Conservative Party's fundraising operation, and on top of chairing the liquor corporation board, he also works as an adviser in Higgs's office.
N.B. Liquor did not respond to a request for comment on the allegations about Correia.
Some elements of the case were subject to a publication ban imposed by Court of King's Bench Chief Justice Tracey DeWare on Nov. 15.
DeWare lifted most of the ban on Wednesday after CBC News argued in a hearing that the ban wasn't justified.
She ruled the ban didn't meet the legal test for restricting the media from reporting on what happens in the courts.
'Whistleblower' cited in liquor agency store case withdraws complaint
Former N.B. Liquor finance director says she has no information relevant to Hartland lawsuit
A purported whistleblower who was said to have "alarming" evidence of "serious breaches and irregularities" at the New Brunswick Liquor Corporation now says she never made the claims attributed to her in court last year.
Stacey McKinney, a former director of finance at N.B. Liquor, says in an affidavit filed in Court of King's Bench last week that she has no information relevant to an ongoing lawsuit over the awarding of a contract for a liquor agency store in Hartland.
She says "all of the representations" made last year by her former lawyers in the case "were made without my instructions."
The New Brunswick Labour and Employment Board says in a Nov. 2 letter in the court file that McKinney recently withdrew her complaint to the board about her 2020 firing.
Lawyer Erica Brown wrote in court filings in 2021 that a former director of finance at N.B. Liquor has 'alarming new information' that 'directly contradicts' what the corporation has told the court. (Jacques Poitras/CBC)
Last year, McKinney's lawyers said she had been fired for raising concerns about "financial, ethical and illegal irregularities" at the corporation and was seeking protection as a whistleblower under New Brunswick's Public Interest Disclosure Act.
At a hearing last November, Erica Brown, a lawyer for Hartland businessman Peter Cook, asked the court to put his lawsuit against N.B. Liquor on hold so she could gather "fresh evidence" from McKinney that "directly contradicts" the corporation's evidence.
Now McKinney says she never had anything to offer the case.
In her affidavit filed Nov. 1 in Court of King's Bench, McKinney says did not make "any allegation regarding the agency store program" in her complaint under the whistleblower law.
"I have no evidence that directly contradicts anything filed by [N.B. Liquor]" in the Hartland lawsuit, she writes.
She said she "made no representations" to Brown or to her own lawyers Christian Michaud and Joel Etienne "with respect to the award of the agency store in Hartland, New Brunswick."
Hartland businessperson and Liberal supporter Peter Cook alleges N.B. Liquor manipulated the scoring of his bid. (Jacques Poitras/CBC)
Cook sued N.B. Liquor in 2021 after his lucrative contract to host an agency store in his grocery store expired and was awarded to another business in the village.
He alleged "manipulation" by N.B. Liquor in the awarding of the contract, which the corporation denied.
Brown wrote in a Nov. 1, 2021, letter to the court that she had learned "out of the blue" that McKinney and other "individuals" had evidence that "directly" contradicted what N.B. Liquor was saying in the Hartland case.
Michaud told a hearing the following week that McKinney had information about financial improprieties, misstatements in financial reports and questionable expense claims.
He said she was fired after trying to raise her concerns with N.B. Liquor's audit committee.
N.B. Liquor's lawyers argued last fall that because she was fired in June 2020, before the awarding of the Hartland contract, her testimony would be irrelevant to the case.
Hartland's Irving station and Valufoods outlet at the edge of town was declared the winner of an N.B. Liquor agency store contract on March 17, 2021, and took over two weeks later. (Google Streetview)
McKinney sought designation as a whistleblower under the Public Interest Disclosure Act, which says it exists "to facilitate the disclosure and investigation" of actions in the public service "that are potentially unlawful, dangerous to the public or injurious to the public interest."
According to the law, disclosures are investigated by the provincial ombud, while complaints about "reprisals" — such as the firing of an employee for bringing information to light — go to the labour board.
Adjudicator George Filliter told the board Nov. 2 that "this matter has been resolved" and McKinney had withdrawn her reprisal complaint.
Etienne and Michaud are no longer her lawyers.
In a email, Etienne said he and Michaud "will always stand by the professional and diligent work that we have accomplished" working together on cases over four decades.
He said they hadn't seen McKinney's affidavit so it would be inappropriate to comment on it.
Brown did not respond to a request for a comment.
Lawyer Christian Michaud was one of two lawyers who once represented a former director of finance at N.B. Liquor. (Jacques Poitras/CBC)
McKinney's new lawyer, John Kingman Phillips of Toronto, turned down interview requests to him and McKinney. He said her issues with N.B. Liquor had been resolved.
N.B. Liquor also refused to comment and did not respond to a question about whether it had reached a settlement with McKinney.
In last November's court hearing, Michaud told Justice Hugh McLellan that five other former N.B. Liquor employees had contacted him about coming forward to reveal "issues of concern."
Brown's letter also referred in the plural to "high-level individuals" who had worked there and who had evidence to share.
There's no indication in the case file that evidence from other former employees materialized, and McKinney's affidavit says she knew nothing about other former N.B. Liquor employees.
Cook had the N.B. Liquor agency store contract at his Freshmart grocery store in Hartland from 2019 until the spring of 2021.
That's when it was awarded in a new bidding process to a Valufoods store and Irving gas station.
Cook, a well-known Liberal supporter, alleges that N.B. Liquor's politically appointed board of directors headed by prominent Progressive Conservative and one-time Irving Oil employee John Correia influenced the scoring of the bidding process.
With McKinney's process "now concluded," N.B. Liquor's lawyer Clarence Bennett asked the Court of King's Bench in a Nov. 2 letter to get the Hartland case back on track for a hearing "as soon as possible."
Deja Vu or What???
New Brunswick convenience store calling foul after losing liquor contract
https://www.cbc.ca/news/canada/new-brunswick/grand-manan-liquor-contract-moved-1.6542954
Grand Manan's liquor contract taken from convenience store, given to grocer down the road
'It just feels greedy,' says island business operator
The move has surprised and upset many residents and sparked a lot of talk on the island.
The owners of Castalia Convenience, Faye and Roger Guptill, declined to comment, but their daughter said the family is "heartbroken."
"It's really upsetting because my parents have worked really hard their entire lives to put into this business, to serve this community," said Courtney Guptill.
"And they've done a really good job, and to see that taken from them by a bigger business — and it was quite unexpected — it's just really upsetting, really hurtful."
Ahmet's Independent Grocer has been award the contract to operate a liquor outlet on Grand Manan. (Google Earth)
The Guptills have operated the convenience store on Route 776 for 18 years, and for the last 12, they've had the island's only agency store for N.B. Liquor. With their contract set to expire at the end of November, they applied again.
But on Wednesday, they found out they were unsuccessful. The contract had been awarded to the island's only grocery store.
CBC News left a message for Ahmet Tahan with an employee of Ahmet's Independent Grocer, a chain store, on Friday afternoon, but there has been no response.
Stores under the "Independent Grocer" name are part of Loblaw Companies Ltd.
Like other grocery stores, Ahmet's Independent Grocer could have sold beer and wine within its existing operations. That's what upsets Courtney Guptill the most.
"They didn't need to take my parents' business," she said by phone on Friday. "They were able to sell those things without causing any harm or taking anything from them."
Guptill isn't sure her parents' store will survive. She said alcohol was a major draw for customers.
"It really brings people into the store … and they're also buying their snacks and their ice and their cigarettes and other things when they're in," she said.
"So when they lose the contract … they're going to be losing all of that business."
When her parents were awarded the contract a dozen years ago, they invested a lot of money expanding the store and installing coolers.
"It was a really big undertaking they took on, and they certainly didn't expect that it was something that they're only going to be able to do for a short period of time."
Guptill isn't sure what can be done to reverse the decision, but she said her family is going to "put up a fight."
The contract to sell alcohol on Grand Manan has been taken away from this convenience store and awarded to a grocery store down the road falling under the Loblaw umbrella. (Submitted by Courtney Guptill)
While the decision to award the contract to a bigger business just down the road is disheartening, the Guptills are buoyed by the outpouring of support from the community.
A Facebook message posted by Guptill on Thursday had more than 100 messages of support within hours.
"It's so heartbreaking," she said. "It's been a big part of my family. My parents have worked so hard to keep that business running and to make it what it is. To see that lost to a bigger business that's already thriving and kind of has a monopoly over a lot of the business on the island, it's just heartbreaking."
'It just feels greedy'
Business owner Kiera Dall'Osto is one of many speaking out in support of the Guptills — and if she had any choice, she'd boycott the new agency store. But her business, Old Well House Cafe, is licensed and she has no other option on the island but to buy from the approved outlet.
"It's forcing me to kind of participate in this," she said.
She feels bad for the Guptills. She said they've "done everything right for 12 years," only to have the contract taken away from them through no fault of their own.
Dall'Osto also worries about the decision to put alcohol in the island's only grocery store — thereby making it easily accessible and nearly impossible to avoid.
She said Grand Manan has a "very well-known addictions problem," and she worries that putting alcohol into the grocery store will create a "trigger" for people who have had issues with alcoholism in the past.
"How do you avoid going to the only grocery store on the island? You can't," she said.
"That seems really irresponsible on an island with our already struggling population with mental health and addiction issues."
Not the first time
This isn't the first time an existing operator of an N.B. Liquor agency store has had their contract moved to a competitor.
Last year, N.B. Liquor moved its outlet in Hartland from a spot near the famed covered bridge to an Irving station at the edge of town. The decision generated controversy in the community and raised questions about whether politics, corporate influence or both played roles in the move.
Last-minute appeals to the province failed and the change went ahead.
Marie-Andrée Bolduc, director of communications for N.B. Liquor, said contracts are put out to tender when existing agreements are nearing the end of their term.
She said the process follows "an unbiased and prescribed Request for Proposal process," and each applicant is awarded points for criteria such as:
- traffic visibility
- hours of operations
- storage space
- cold room space
- alcohol selection
- available parking
- previous business and retail experience
Bolduc was asked to clarify whether existing contract holders are given any special consideration. In an email, she wrote, "In order to be fair to all bidders, once the evaluation starts all bidders are assessed against the same criteria."
I find this article very one-sided. Poor journalism.
the big boy with the most political clout
always wins
Review of NB Liquor's conduct in Hanwell agency store dispute sought
Chris Scholten, owner of Scholten’s Convenience Store, calls for independent review of selection process
The owner of a convenience store in Hanwell is calling for an independent review of how NB Liquor handled the awarding of an agency store franchise in the community, located near Fredericton.
Chris Scholten, of Scholten’s Convenience Store, says there are still too many unanswered questions about NB Liquor's original decision to award the contract to Moncton-based Power Plus Technology Inc.
A Court of Queen's Bench judge recently quashed the decision after Scholten, whose bid for the agency store had been rejected, sought a judicial review.
Justice Paulette Garnett ruled in May NB Liquor's review procedure for those contesting a decision is "inadequate and unfair."
Earlier this month, NB Liquor CEO Brian Harriman told CBC News a new request for proposals is in the works and he hopes a new contract for a Hanwell agency store will be awarded by late this summer.
But Scholten wants a full review of what happened before NB Liquor proceeds. He has sent a letter to Harriman, urging him to order an independent review.
“Even after 16 months of litigation, we still don’t have all the information as to how this went as wrong as it did. The people of this community still have more questions than answers about this," he said in a statement on Thursday.
“In the interest of fairness, I think it is best at this point to wait to find out what an independent review reveals,” Scholten said. “I think the whole process has called the credibility of NB Liquor into question, certainly in this community. That has to be repaired I think before we can proceed here.”
Scholten is questioning the "conduct" of NB Liquor, its former president Daniel Allain, and Hudson Creative Design of Moncton, the company contracted by the Crown corporation to help choose the winning bidder.
“An independent review of this matter can ensure the same mistakes are not made again,” he said. “We don’t want to end up in the same place again, 18 months from now."
Related Stories
https://www.cbc.ca/news/canada/new-brunswick/nb-liqour-bad-practice-allegations-1.6242494
More N.B. Liquor employees coming forward on improprieties, lawyer says
Lawsuit on hold until ruling on fired finance director's whistleblower status
Christian Michaud told a Court of Queen's Bench hearing in Fredericton that he was contacted on their behalf after it was reported in the media that the corporation's former director of finance is seeking whistleblower status.
He said the other ex-employees can offer evidence of improprieties at the corporation.
"There are higher management people that I know that have seen issues of concern over the years," he said.
"This will probably bring about other issues of concern within the organization."
Tuesday's hearing was part of a lawsuit filed by Hartland businessperson Peter Cook, who had the town's N.B. Liquor agency outlet in his grocery store until he lost it in a bidding process earlier this year.
Cook, a Liberal supporter, is alleging that the corporation manipulated the scoring of his bid and is asking for a judicial review of the decision.
Michaud's client, Stacey McKinney, was the director of finance at N.B. Liquor until she was fired in June 2020. He is trying to get her reinstated
Michaud said she was terminated because of issues she raised, including financial improprieties, misstatements in financial reports and questionable expense claims.
Lawyer Christian Michaud is representing a former director of finance at N.B. Liquor. (Jacques Poitras/CBC)
Cook's lawyer Erica Brown wrote in court filings last week that McKinney has "alarming new information" that "directly contradicts" what N.B. Liquor has said so far in the Hartland case.
Brown told reporters it's "mostly in relation to rules, policies, procedures and bylaws that aren't being followed in a general sense."
N.B. Liquor lawyer Clarence Bennett argued to Justice Hugh McLellan on Tuesday morning that McKinney has no standing in the case.
He also pointed out she was no longer at the corporation when the Hartland decision happened, so could not have any information about it.
He also tried to persuade the judge Michaud should not be able to represent her at the hearing.
"There is nothing before you that suggests his client is a whistleblower," Bennett argued. "I have not been provided with any evidence that suggests in any way a whistle was blown."
Lawyer Erica Brown wrote in court filings that a former director of finance at N.B. Liquor has 'alarming new information' that 'directly contradicts' what the corporation has told the court. (Jacques Poitras/CBC)
He said McKinney's lawyers have been threatening since March to invoke the Public Interest Disclosure Act, which sets out a process for whistleblower status, but "it's never come to fruition. … It never materializes."
Michaud said that while McKinney was fired before the Hartland bidding process, her evidence is relevant because it will reveal a pattern of behaviour at the corporation.
And he said she did file a complaint last Thursday with the New Brunswick Labour and Employment Board to contest her firing, invoking the legislation and asking for whistleblower status.
Brown argued the judicial review Cook is seeking should be put on hold until the labour board determines McKinney's status.
"We need to be able to put fulsome and complete materials before this court," she said. "It's the only way to do this right. … It's our position we can't proceed further today."
McLellan agreed and adjourned the case until sometime next spring after the labour board rules.
Name disclosure violates rights, lawyer says
During Tuesday's hearing, Michaud complained that N.B. Liquor had violated McKinney's rights by disclosing her name, her health information and her grievance in a court filing last week.
Bennett responded that it was Michaud and Brown who decided in court filings last week to bring up McKinney's information, without naming her. "She was inserted into this proceeding by them," he said.
Outside the court, Cook told reporters that the delay in the case didn't bother him.
"If it gets the information out to the public, it's going to be in my favour because we all know it wasn't done properly," he said.
"I can wait, as long as I know it's been handled properly."
Michaud said McKinney is "extremely disappointed to the point of being distraught" about being named in N.B. Liquor's filings but says she remains hopeful she can win her job back.
He said she tried to raise her concerns with the audit committee of the N.B. Liquor board only to be rebuffed.
"She wants to be able to be reinstated," he said. "She is a team player. She still loves the organization … [but] it needs to be cleaned up. We want to clean up the swamp, from what I understand."
During the hearing, Michaud said that "there is other information. I'm sitting on information too." He said as a former appointed member and vice-chair of the N.B. Liquor board, "I know things."
N.B. Liquor has not commented on the case to the media. CEO Lori Stickles attended the hearing Tuesday but did not speak to reporters.
https://www.cbc.ca/news/canada/new-brunswick/nb-liquor-strike-vote-1.6242461
N.B. Liquor employees poised to strike a week from now if deal not reached
CUPE Local 963 would become the 11th local to go on strike since a public-sector strike began Oct. 29
In a strike vote held last week, 521 of the 566 members of CUPE Local 963 voted to go on strike, union leaders announced at a news conference in Fredericton on Tuesday.
The vote was conducted from Nov. 3 to Nov 6.
If a contract agreement isn't reached in the next week, the N.B. Liquor employees would join thousands of public-sector workers who went on strike Oct 29.
Agnew, left, with CUPE New Brunswick president Stephen Drost, said a strike would affect 41 stores operated by the Crown corporation. (Mrinali Anchan/CBC)
Forty-one publicly owned and run retail outlets and warehouses would be closed to inbound and outbound traffic, Jamie Agnew, the president of Local 963, told reporters.
It would fall to N.B. Liquor management to come up with contingency plans for navigating the closures.
"They're not telling us their contingency plans," said Agnew, who doubted agency stores in smaller communities could fill the void.
"I don't believe the agency stores can handle the business that N.B. Liquor handles in a run of a day. …We have stores that serve over 2,000 customers a day."
Agency stores typically exist in communities without existing alcohol outlets and serve the public in places the Crown corporation has chosen not to put one of its own stores.
Local 963, like the CUPE locals already on strike, is at odds with the province over wages.
Casual retail and warehouse employees earn $16.78 an hour, which is the lowest end of the pay spectrum, while full-time assistant managers can earn close to $23 an hour, which is at the highest end.
Agnew said a tentative agreement had been reached between the union and management a year ago, but it was blocked by Premier Blaine Higgs.
Sixty-nine days later, according to Agnew, the New Brunswick Labour and Employment Board decided a tentative agreement had not been reached.
Both sides once again went back to the bargaining table.
"The last offer offered to us was not acceptable," Agnew said. "It was eight and a half per cent over five years. Lower than the tentative agreement that we thought we already had with them."
Since then, the union has yet to receive another proposal from management.
"I haven't had a raise in three years, and my last raise was point five per cent," said Agnew.
"We are struggling, we need a fair deal and we need it now."
For the fiscal 2020-2021 year, the Crown Corporation has reported a historical high in sales records of $505.9 million and a net income of $199.4 million.
Contact us | Contactez-nous
Jamie Agnew – President – 963prez@gmail.com– 506-471-6719
505 Pugh Street
Fredericton, NB
E3A 9P4
https://www.cbc.ca/news/canada/new-brunswick/nb-liquor-whistleblower-hartland-1.6241269
N.B. Liquor 'whistleblower' has 'alarming' information in Hartland case, lawyer says
Fired director of finance also has dozens of examples of improprieties at Crown corporation, court filings all
A lawyer for a Hartland businessperson who lost a lucrative contract for an agency store in the town says the information "directly contradicts" evidence filed by N.B. Liquor so far.
N.B. Liquor has responded with a court filing that publicly identifies the former official as Stacey McKinney, the former director of finance at the Crown corporation.
McKinney was challenging her firing from N.B. Liquor before the Hartland decision was made. Her lawyer told the corporation in March that she had information on more than 34 examples of "financial, ethical and illegal irregularities" there.
No whistleblower status
The corporation argues McKinney is not entitled to whistleblower status, a protection available to provincial employees, because she has yet to disclose any information under the Public Interest Disclosure Act.
That act, nicknamed the whistleblower protection law, says it exists "to facilitate the disclosure and investigation of significant and serious matters in or relating to the public service that are potentially unlawful, dangerous to the public or injurious to the public interest."
McKinney was fired by N.B. Liquor in June 2020. She says it happened just before she finalized audits of N.B. Liquor that would "impact the legitimacy" of its financial statements.
In a grievance, she says she'd been recommended for a leave of absence because of illness but was fired without cause instead.
In March 2021, her lawyer Joel Etienne told N.B. Liquor that McKinney had tried to report the more than 34 cases of improprieties to the audit committee of the corporation's board of directors.
They included financial reporting discrepancies, "inappropriate" expense claims and "financial control weaknesses" that pointed to possible "misstatements" in the corporation's financial statements.
Etienne's letter alleged that the "main culprits" behind the financial improprieties attempted to eliminate McKinney's position and her department by outsourcing the work to a private accounting firm.
"As this matter is currently before the courts, we have no comment at this time," N.B. Liquor spokesperson Marie-Andrée Bolduc in an emailed statement.
McKinney is still challenging her firing. That legal case is unrelated to the lawsuit over the Hartland agency store.
Information relevant to Hartland agency store court case
But last week Fredericton lawyer Erica Brown wrote to the court to say she had learned "out of the blue" that McKinney, who she didn't name, had information relevant to the case.
Brown represents Hartland businessperson Peter Cook, who had the N.B. Liquor agency store contract at his Freshmart grocery store in the town from 2019 until this spring.
Hartland's Freshmart sits directly across from the entrance to the covered bridge. An NB Liquor traffic study that measured cars travelling by the location only on Main Street has triggerred a court fight. (Google Streetview)
That's when it was awarded in a new bidding process to a Valu Foods store and Irving gas station.
Cook, a well-known Liberal supporter, alleges that N.B. Liquor's politically appointed board of directors headed by prominent Progressive Conservative and one-time Irving Oil employee John Correia influenced the scoring of the bidding process.
"It was either manipulated on purpose, which I believe, or if nothing else, it's pure incompetence," Cook said recently. "I was cheated."
N.B. Liquor says in an affidavit that Correia's "previous or current roles with ANBL or other companies had no effect" on Cook scoring lower and losing the bid.
A hearing in the Hartland agency store case is scheduled for Tuesday morning in the Court of Queen's Bench in Fredericton.
Hartland's Irving station and Valufoods outlet at the edge of town was declared the winner of NB Liquor's agency store contract on March 17. It took over on April 1. (Google Streetview)
Brown says in her Nov. 1 letter filed to the court that she has been "stonewalled" by N.B. Liquor in attempting to get information from the corporation on its decision. In the motion to be heard Tuesday, she asks for more time to gather evidence.
The letter says two lawyers representing McKinney, Etienne and Christian Michaud, will "soon" file a formal complaint under the whistleblowing law.
In a separate letter, Michaud points out he is a former member of the N.B. Liquor board and says he is "gravely concerned by the lack of compliance with basic governance principles in this matter."
N.B. Liquor responded with its motion asking Brown to produce the "alarming new information" and saying the whistleblower law does not apply to McKinney, putting her name into the public record for the first time.
Michaud declined an interview request Monday.
The Public Interest Disclosure Act, passed in 2012, allows potential whistleblowers to flag improprieties to a designated person in their own department or organization, or to the provincial ombud.
Law not used much in small province
In 2017, Ombud Charles Murray told CBC News that the legislation is rarely used and speculated it's because in a small province people fear being easily identified.
At the time he called for a 'blind contact' provision to be added to the law to allow someone to contact his office through an intermediary so that even he doesn't know who it is.
"A whistleblower in this province has to be fairly courageous and has to take things on faith," he said.
Murray would not say Monday whether he was involved in McKinney's case.
"Any whistleblower protection scheme has at its centre the protection of the identity of any person(s) who come forward, and as such we never confirm or deny whether we have received or are investigating any disclosure made to us under PIDA," he said.
---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Sat, 30 Oct 2021 03:21:35 +0000
Subject: RE: Mr Marcoux We just talked about your CFO Mr Chase and
Higgy etc Well here is a little Deja Vu for you from 5 years ago You
really should ask the Feds what happened next
To: David Amos <motomaniac333@gmail.com>
Hello,
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(506) 453-2144 or by email
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S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 30 Oct 2021 00:19:30 -0300
Subject: Fwd: Mr Marcoux We just talked about your CFO Mr Chase and
Higgy etc Well here is a little Deja Vu for you from 5 years ago You
really should ask the Feds what happened next
To: pcook@valleyequipment.ca, "Robert. Jones" <Robert.Jones@cbc.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, "blaine.higgs"
< blaine.higgs@gnb.ca>, "Davidc.Coon" <Davidc.Coon@gmail.com>
Cc: david.raymond.amos333@gmail.
https://www.cbc.ca/news/canada/new-brunswick/hartland-liquor-store-move-1.6229395
Hartland liquor outlet dispute headed to court
'Manipulation' or 'pure incompetence' alleged in agency store move out of downtown
"Traffic volumes observed in January are typically less than during other months of the year, especially compared to the summer months," wrote Brendan McPhee of CBCL Ltd., the engineering consulting company that conducted the Hartland traffic count.
"This would be especially true as Hartland is home to the World's Longest Covered Bridge, which is a well-known tourist attraction."
A dispute over the awarding of the N.B. Liquor agency outlet in Hartland is headed to court next month, with duelling traffic counts likely to be the central issue.
In April, N.B. Liquor moved its lucrative agency franchise from a traditional spot near Hartland's famed covered bridge to the local Hartland Irving station and Valu Foods outlet, about one kilometre upriver.
The move triggered opposition in the town and accusations by Peter Cook, the owner of the Freshmart grocery store that lost the outlet, of political manoeuvres and corporate cronyism.
Cook, a prominent Liberal in Carleton County, had the franchise but lost a competition to keep it after N.B. Liquor put the contract up for open bidding.
Peter Cook (holding scissors) is seen at a ribbon-cutting ceremony in 2016. Cook is suing N.B. Liquor for the way it handled his bid to retain the liquor outlet at his grocery store in downtown Hartland. (Facebook)
Cook disputes bid count
A 100-point score card N.B. Liquor used to grade two bids it received appeared to show Cook was beaten easily, 96.1 to 88.25.
Cook disputes that count and believes N.B. Liquor's politically appointed board of directors, headed by prominent Progressive Conservative and one-time Irving Oil employee John Correia, played a role in the outcome.
"It was either manipulated on purpose, which I believe, or if nothing else, it's pure incompetence," Cook said this week.
"I was cheated."
N.B. Liquor has declined to comment publicly on the dispute, but in an affidavit filed with the Court of Queen's Bench vice-president Alan Sullivan said Correia had no involvement in the evaluation process and his past associations are irrelevant to Cook's losing the bid.
"Mr. Correia's previous or current roles with ANBL or other companies had no effect on the fact the Applicant scored lower in the RFP process than Valu Foods," Sullivan's affidavit said.
John Correia was appointed chair of NB Liquor by the Higgs government and was an early backer of Higgs leadership bid. NB Liquor denies he exerted any influence on the decision to move the Hartland outlet. (Coast Tire)
Traffic count most contentious issue
A number of issues are disputed by Cook in N.B. Liquor's scoring of the two bids, but a traffic count that was worth 30 points in the competition – more than any other element – has emerged as the most contentious.
N.B. Liquor's traffic study was conducted over 48 hours on a Tuesday and Wednesday during the second week of January this year, and showed vehicles passing the Irving station to be within 95 per cent of the number going past Cook's store.
Cook disputes that count because his store can be reached by multiple streets running in front of and behind his building, and because traffic was measured on only one street.
Although N.B. Liquor's request for proposals says scoring of the traffic count will be "based on vehicle traffic going past the proponents place of business," correspondence filed in court shows the consultant believed the job was to measure only traffic travelling on Main Street.
"We understand the main objective is to obtain a comparison between the daily Main Street traffic volumes," wrote Mark MacDonald, CBCL's senior transportation engineer.
Cook said beyond that issue, summer traffic in downtown Hartland is much higher than in winter and the selection of two mid-week days in January to do a study guaranteed a flawed result.
To make that point, Cook hired Roy Consultants of Moncton, a frequent engineering contractor to the New Brunswick department of transportation and infrastructure, to conduct a second traffic study over five days in mid-August.
Hartland's Irving station and Valufoods outlet at the edge of town was declared the winner of N.B. Liquor's agency store contract on March 17. It took over on April 1. (Google Streetview)
Second study conducted in mid-August
That study, authored by civil engineer Jérémie Aubé, counted 29 per cent more vehicles passing in front of Cook's location on Main Street than the Irving location, using counters in similar locations to N.B. Liquor's count.
But the difference jumped to 111 per cent more passing near Cook's store by adding in a count of cars using a second route.
In his report, Aubé conceded that counting traffic is not a perfect science.
"The data area is not perfectly sealed, and vehicles may enter and exit the system freely without being captured by traffic counting devices," he wrote.
Cook has softened one claim made in an early affidavit: the street in front his store was blocked for a time by roadwork while N.B. Liquor's traffic count was underway.
He concedes now that he had the dates of the traffic count wrong.
On its scorecard, N.B. Liquor graded the traffic count 30 to 28.6 in Cook's favour because of the slight difference in its numbers.
Cook feels his study shows the traffic score should have been at worst 30 to 15 in his favour, more than enough to merit his overall bid winning, his bid scored 9 points lower on the rest of the elements.
"I feel we have a chance, and a good chance, that a judge could overrule it," he said.
Both sides are scheduled to be in court in Fredericton on Nov. 9.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 15 Apr 2021 02:38:29 -0300
Subject: Fwd: Mr Marcoux We just talked about your CFO Mr Chase and
Higgy etc Well here is a little Deja Vu for you from 5 years ago You
really should ask the Feds what happened next
To: motomaniac333 <motomaniac333@gmail.com>
https://www.cbc.ca/news/
Political interference alleged after Hartland liquor outlet moved to Irving station
NB Liquor board approves moving outlet to edge of Hartland, despite objections from town and employers
Transferring the outlet triggered objections by the town itself and two of its largest employers.
But even with evidence of a botched traffic count contaminating the decision, efforts to have Premier Blaine Higgs intervene and cancel the move fell flat.
"The Town of Hartland feels the decision is detrimental to our ongoing efforts to improve and increase our town economy on all fronts," wrote Hartland's chief administrative officer David Hutten in a March letter to Higgs asking him to stop the relocation of the liquor outlet away from the bridge.
"It is imperative that we continue to grow our municipal downtown core and not strip it bare of essential and leisure provisions," argued Hutten.
It's the first time a successful operator of an NB Liquor agency store has had their contract moved to a competitor since the program began in 1991 but last minute appeals to the province to halt the switch failed and the change went ahead April 1.
Liquor store long been downtown
Hartland has had a liquor outlet in its downtown core since 1986.
It was first installed during the government of former Progressive Conservative Premier Richard Hatfield, Hartland's MLA at the time, as part of the community's reconstruction following a major fire that destroyed several downtown buildings in 1980.
The outlet has occupied different locations over 35 years but always within steps of the Hartland Covered Bridge, a recognized national historic site as the longest bridge of its kind in the world.
The structure is a tourist magnet in the town and celebrates its 100th anniversary this year.
Freshmart sits across from the entrance to the Hartland Covered Bridge. (Google Street view)
Until this month NB Liquor's outlet had been located across the street from the entrance to the bridge inside a local grocery store called the Hartland Freshmart.
Last year Freshmart recorded $1.5 million in alcohol sales, placing in it the top third of outlets in NB Liquor's agency network.
Freshmart assumed control of the Hartland contract in 2019 after its owner, Peter Cook, bought a nearby convenience store that had owned the licence since the mid 1990s.
But Cook is also a prominent Liberal and, coincidentally or not, when Freshmart's liquor contract came up for renewal this year, NB Liquor said it found a better arrangement.
In what the Crown corporation insists was an impartial evaluation of bids it received following a request for proposals, the local Hartland Irving station and Valu Foods outlet, about one kilometre upriver from the covered bridge, was selected as the new location for the lucrative outlet.
"We wish to advise you that your application for the Agency appointment was unsuccessful," NB Liquor's Bonnie Harnish wrote to the Freshmart on March 17.
"Please take assurance in knowing the decision was made following the results of a prescribed and unbiased process."
Retailer questions decision's fairness
Cook, who ran as a Liberal in the 2010 provincial election and is related by marriage to former Liberal MLAs Fred and Andrew Harvey, does not accept he was dealt with fairly.
On March 26, he filed an application with the Court of Queen's Bench in Fredericton to review the decision, alleging that irregularities in how bids were scored unfairly steered the contract to the local Irving station.
"Favouring business because they are associated with Irving is improper," Cook said in a sworn affidavit filed with his court application.
Cook is suspicious because the final decision on moving the Hartland location was made by NB Liquor's board of directors, which is chaired by John Correia.
Correia is a former head fundraiser for the New Brunswick Progressive Conservative Party and, like Higgs, a former employee of Irving Oil.
In his affidavit, Cook claims the scoring of proposed outlet locations was "politically motivated" and ultimately unfair to his bid because of his own party activity and a favouritism NB Liquor has for outlets branded as Irving stations.
"There appears to be an ongoing trend such that [NB Liquor] is awarding more and more agency store contracts to retailers who are working with Irving and who purchase and sell Irving gasoline," Cook said in his affidavit in an apparent reference to the Irving station in Plaster Rock winning an outlet last year.
NB Liquor denies that accusation.
In an email, spokesperson Thomas Tremblay said the Hartland contract was awarded in a standard way following an "unbiased" 100-point evaluation NB Liquor conducts every time it decides where to place an outlet among competing bidders.
The scoring system gives points based on a variety of easily measured factors, including shelf and floor space and cooler size available for selling alcohol (20 points) hours of operation (10 points), and available parking (four points).
Credit is also given if the location sells lottery tickets (one point), coffee (one point) or fast food (one point).
The scorecard does favour bids connected to oil companies, but not specifically Irving. It awards two points if gasoline is sold onsite, which can be significant in a close contest.
A flawed traffic count?
However, the single most important element, worth 30 points, is a traffic count conducted at each location, which appeared to be mishandled by NB Liquor in a way that undermined Freshmart's bid.
Cook claims that intentionally or by accident the count was done over five days in February exactly as the town dug up the road in front of his store to upgrade local sewer lines, guaranteeing a poor result for his store.
Peter Cook (holding scissors) is involved in several New Brunswick businesses. He is suing NB Liquor for the way it handled his bid to retain the liquor outlet at his grocery store in downtown Hartland. (Facebook)
"The traffic counter was placed on a road that was closed for construction to all vehicles save for transport trucks for two days out of four and a half or five days [NB Liquor] ran the traffic count study," Cook said in his affadavit.
"Vehicles were redirected in such a way that they did not pass through the traffic counter."
Hutten, the town administrator, confirmed that account.
"The municipality wasn't informed this counting would be happening, so without being aware of that we had that road closed down for two days of the actual car-counting process," said Hutten.
"It was closed for a day and overnight and most of the second day."
Town of Hartland administrator David Hutten wrote a letter to Premier Blaine Higgs on behalf of the community, calling the decision to move the local liquor outlet away from the downtown 'detrimental' and asking for it to be reversed. (LinkedIn)
Cook said he called NB Liquor to alert them to the problem but was told he could not make contact during the evaluation process.
He said NB Liquor did not include alternative downtown routes to his store, on Orser, Brighton and Queen streets, in its traffic count.
"If we lost fair and square then that's what it would be," Cook said in an interview. "But it's too obvious [we didn't]. It's ridiculous."
NB Liquor mum on traffic count results
Tom Tremblay said NB Liquor chair Correia was not available to be interviewed about what happened in Hartland, but according to the corporation's scoring system, every vehicle missed in its traffic survey matters.
A bidder with 25 per cent more cars recorded in the survey than a competitor receives six more points in the evaluation. A traffic count that is twice as high as a competitor is worth a 15-point advantage.
NB Liquor will not disclose what its traffic count in Hartland was or how many points each bidder received, only that on the final scorecard, the Irving location came out ahead.
"Your submission met the mandatory requirements," Bonnie Harnish wrote in her letter to the Freshmart. "However, the total score did not yield the highest score."
Tremblay acknowledged what happened in Hartland is unusual.
Since agency outlets were first introduced by NB Liquor in 1991, dozens of existing operators in good standing have won hundreds of renewals. Not a single one has lost its contract in a request-for-proposals procedure other than the Hartland Freshmart.
"Any examples of a change as you describe have typically been related to a business closure or other specific cause," wrote Tremblay.
"We don't have an example of a change of award based solely on scoring in our current records."
Others worry about impact on downtown
Cook is fighting NB Liquor's decision but he's not the only one in Hartland upset by what happened.
Kevin Chase with Day & Ross and Ben Craig of Craig Manufacturing, two of Hartland's largest employers, both wrote to the province to object to the decision, as did David Hutten on behalf of the town.
"I am sure it seems like a small thing just moving the store a few clicks down the road, but I really believe this decision will have big repercussions on all of us in Hartland," Craig wrote in his letter to local PC MLA Bill Hogan.
"We truly believe that towns without a downtown are less attractive places to live. We currently have dozens of open jobs we can't fill, as attracting talent to work in and live in Hartland is already a real challenge."
In reply, Hogan sounded sympathetic but said there was nothing he could do.
"I have fully investigated this decision and have had several discussions with the Chair of NB Liquor, unfortunately the process that they have in place was followed and a decision was rendered. I have exhausted all the avenues available to me."
Chase, who is chief financial officer at Day & Ross, made his appeal directly to Higgs without success.
"Attracting talent to our area is sometimes difficult, and one of the things we have found is is that employees want to work where it is convenient for them to have access to goods and services," wrote Chase.
"We ask that you review and reverse this decision and leave the agency liquor outlet within the Hartland downtown core."
Luc C. Marcoux
Called to the bar: 1996 (ON); 1996 (NB); Q.C.2016 (NB)
McCain Foods Limited
8800 Main St.
Florenceville-Bristol, New Brunswick E7L 1B2
Phone: 506-375-5353
Fax: 506-375-5058
Email: lcmarcou@mccain.ca
Peter Cook 506-375-6726 pcook@valleyequipment.ca.
cmichaud@coxandpalmer.com, tross@judicom.ca, coi@gnb.ca,
m.pelletier@nb.aibn.com, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
nbpc <nbpc@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
"bruce.northrup" <bruce.northrup@gnb.ca>, "brian.keirstead"
< brian.keirstead@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Davidc.Coon" <Davidc.Coon@gmail.com>, "craig.callens"
< craig.callens@rcmp-grc.gc.ca>
"david.eidt" <david.eidt@gnb.ca>, "jan.jensen"
< jan.jensen@justice.gc.ca>, "bill.pentney"
< bill.pentney@justice.gc.ca>, mcu <mcu@justice.gc.ca>, postur
< postur@for.is>, postur <postur@irr.is>, birgittaj
< birgittaj@althingi.is>, andre <andre@jafaust.com>, sallybrooks25
< sallybrooks25@yahoo.ca>
Cc: Craig Munroe <cmunroe@glgmlaw.com>, david.raymond.amos@gmail.com,
"Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>, "Katie.Telford"
< Katie.Telford@pmo-cpm.gc.ca>, "CRAIG.DALTON" <CRAIG.DALTON@gnb.ca>,
"kirk.macdonald" <kirk.macdonald@gnb.ca>, briangallant10
< briangallant10@gmail.com>, "Jacques.Poitras"
< Jacques.Poitras@cbc.ca>, premier <premier@gnb.ca>
---------- Forwarded message ----------
From: Póstur FOR <postur@for.is>
Date: Tue, 13 Dec 2016 04:21:40 +0000
Subject: Re: Yo Prime Minister Trudeau "The Younger" if Jan Jensen is
the best lawyer the LIEbranos have to send against me then you and the
RCMP are gonna love my next lawsuit
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
---------- Forwarded message ----------
From: Póstur IRR <postur@irr.is>
Date: Tue, 13 Dec 2016 04:21:42 +0000
Subject: Re: Yo Prime Minister Trudeau "The Younger" if Jan Jensen is
the best lawyer the LIEbranos have to send against me then you and the
RCMP are gonna love my next lawsuit
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið. / Your request has been received.
Kveðja / Best regards
Innanríkisráðuneytið / Ministry of the Interior
On 12/13/16, David Amos <motomaniac333@gmail.com> wrote:
> On 12/12/16, David Amos <motomaniac333@gmail.com> wrote:
>> ---------- Forwarded message ----------
>> From: Brian Gallant <briangallant10@gmail.com>
>> Date: Mon, 12 Dec 2016 09:46:19 -0800
>> Subject: Merci / Thank you Re: Attn premier Brian Gallant and Kirk
>> MacDonald I just called your friends in the Law Society of New
>> Brunswick for the last time From now on we argue before the courts
>> To: 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.
>>
>>
>>
>> On 12/12/16, David Amos <motomaniac333@gmail.com> wrote:
>>> Methinks if Kik MacDonald were truly wise he would make another speech
>>> before Xmass but this time he should tell the awful truth instead of
>>> just making fun of our trubles with LIEBRANOS N'esy Pas Davey Baby
>>> Coon?
>>>
>>> Trust that watching this politite nonsense is truly offensive to any
>>> Maritmer with two clues between their ears.
>>>
>>> http://www.cbc.ca/news/canada/
>>>
>>> Conflict of Interest Commissioner
>>> Edgecombe House, 736 King Street
>>> Fredericton, N.B. CANADA E3B 5H1
>>> tel.: 506-457-7890
>>> fax: 506-444-5224
>>> e-mail:coi@gnb.ca
>>>
>>> Michèle Pelletier
>>> Arseneault & Pelletier
>>> 568A Ave. des Pionniers
>>> Balmoral, New Brunswick E8E 1E3
>>> Phone: 506-826-1819
>>> Fax: 506-826-1817
>>> Email: m.pelletier@nb.aibn.com
>>>
>>> KIM POFFENROTH
>>> Assistant Deputy Attorney General
>>> Legislative Services (Branch)
>>> Office of the Attorney General
>>> Phone : (506) 453-2855
>>> Fax : (506) 457-7342
>>> Email : Kim.POFFENROTH@gnb.ca
>>>
>>>
>>>
>>> http://www.cbc.ca/news/canada/
>>>
>>> The Gallant government has introduced legislation to merge several
>>> legislative watchdog positions into a single job and has chosen a
>>> retired judge to take on the newly expanded role.
>>>
>>> Alexandre Deschênes
>>>
>>> Alexandre Deschênes, a retired New Brunswick Court of Appeal justice,
>>> is to be the first integrity commissioner in New Brunswick.
>>>
>>> Retired New Brunswick Court of Appeal justice Alexandre Deschênes will
>>> become the province's first integrity commissioner, an appointment
>>> supported by the opposition Progressive Conservatives and Green Party
>>> Leader David Coon.
>>>
>>> Premier Brian Gallant introduced a bill Wednesday to create the
>>> position.
>>>
>>> For now, Deschênes fills the vacant position of conflict-of-interest
>>> commissioner and will also oversee legislation governing the privacy
>>> of personal health records.
>>>
>>> Next July, Deschênes will add responsibility for the lobbyist registry
>>> to his duties.
>>>
>>> The Liberals say they will proclaim legislation to set up the registry
>>> by next July. The law was passed by the previous PC government in 2014
>>> but not enacted.
>>>
>>> Conflict of interest commissioner, MLAs have conflicting views on
>>> transparency
>>> Commissioner wants mandatory privacy breach reporting
>>> N.B. legislature will study cutting independent watchdogs
>>>
>>> And next September, after Anne Bertrand, the information and privacy
>>> commissioner, finishes her seven-year term, that job will become part
>>> of Deschênes's job as integrity commissioner.
>>>
>>> An independent study, done as part of the government's program
>>> review, recommended the merging of the legislative officer positions.
>>>
>>> All parties in the legislature agreed on two other appointments
>>> Wednesday: lawyer Michèle Pelletier as consumer advocate for insurance
>>> and assistant deputy attorney general Kim Poffenroth as chief
>>> electoral officer.J
>>>
>>>
>>> http://lawsociety-barreau.nb.
>>>
>>> At its Annual General Meeting on Saturday, June 25th, 2016, the Law
>>> Society of New Brunswick elected its new Executive for the 2016-2017
>>> term:
>>>
>>> New Executive
>>>
>>> George P. Filliter, Q.C.
>>> President
>>> 68 Avonlea Court
>>> Fredericton, NB E3C 1N8
>>> Tel: (506) 454-7678
>>> Fax: (506) 454-6983
>>> george.filliter@gmail.com
>>>
>>> Luc Marcoux, Q.C.
>>> Vice-President
>>> McCain Foods Limited
>>> 8800 Main Street
>>> Florenceville-Bristol, NB E7L 1B2
>>> Tel: (506) 375-5353
>>> Fax: (506) 375-5058
>>> lcmarcou@mccain.ca
>>>
>>> Christian E. Michaud, Q.C.
>>> Treasurer
>>> Cox & Palmer
>>> Blue Cross Center
>>> 644 Main Street, Suite 500
>>> Moncton, NB E1C 1E2
>>> Tel: (506) 863-1131
>>> Fax: (506) 856-8150
>>> cmichaud@coxandpalmer.com
>>>
>>>
>>> Law Society of New Brunswick
>>> 68 Avonlea Court
>>> Fredericton, New Brunswick
>>> E3C 1N8
>>> (506) 458-8540
>>> (506) 451-1421
>>>
>>> general@lawsociety-barreau.nb.
>>>
>>> http://lawsociety-barreau.nb.
>>>
>>> October 24, 2016
>>>
>>> Eleven New Brunswick lawyers were appointed Queen’s Counsel by the
>>> Lieutenant-Governor of New Brunswick, the Honourable Jocelyne Roy
>>> Vienneau, on Monday, October 24, 2016, at the Legislative Assembly in
>>> Fredericton.
>>>
>>> Christa Bourque, Q.C., of Moncton
>>> Krista Lynn Colford, Q.C., of Fredericton
>>> The Honourable Alexandre Deschênes, Q.C., of Bathurst
>>> Edward L. Derrah, Q.C., of Fredericton
>>> Shannon Doran, Q.C., of Fredericton
>>> Nathalie L. Godbout, Q.C., of Saint John
>>> Stephen J. Hutchison, Q.C., of Saint John
>>> The Honourable Dominic A. J. LeBlanc, Q.C., of Shediac
>>> Luc Marcoux, Q.C., of Florenceville-Bristol
>>> D. Andrew Rouse, Q.C., of Fredericton
>>> John R. Williamson, Q.C., of Fredericton
>>>
>>> The distinction of Queen’s Counsel is conferred upon experienced
>>> lawyers in recognition of their commitment to the principles of the
>>> legal profession and contributions to their communities. Eligible
>>> lawyers include those who have been members of the Law Society of New
>>> Brunswick and have been engaged in the active practice of law in the
>>> province for at least 15 years with extensive experience before the
>>> courts or have demonstrated exceptional service to the profession.
>>>
>>> In the fall of this year, a committee consisting of the Chief Justice
>>> of New Brunswick, J. Ernest Drapeau, the Attorney General of New
>>> Brunswick and the President of the Law Society of New Brunswick, will
>>> consider candidates for the next Queen’s Counsel appointments.
>>>
>>> The distinction of Queen’s Counsel is conferred upon experienced
>>> lawyers in recognition of their commitment to the principles of the
>>> legal profession and contributions to their communities. The criteria
>>> for these appointments are:
>>>
>>> A regular member of the Law Society of New Brunswick who:
>>>
>>> a) has been engaged in the active practice of law in the Province of
>>> New Brunswick for at least fifteen years, with extensive experience
>>> before the courts;
>>>
>>> b) in the opinion of the Committee, merits the appointment by reason
>>> of exceptional service to the legal profession.
>>>
>>> It should be noted that past practice indicates that Queen’s Counsel
>>> appointments typically have more than seventeen years at the Bar.
>>>
>>> The Law Society encourages members to forward a letter and a resume in
>>> order to be considered as a candidate for a Queen’s Counsel
>>> appointment. Persons may either apply personally or may nominate a
>>> member of the Law Society. All applicants will be treated equally by
>>> the Committee whether they are nominated, or whether they apply
>>> personally.
>>>
>>> In your letter, you may wish to identify two individuals, either
>>> within or outside the Law Society who might provide additional
>>> information to assist the Committee in considering this matter. If
>>> letters of reference are provided, they may be identified for this
>>> purpose.
>>>
>>> Your application or nomination should be received by Chief Justice J.
>>> Ernest Drapeau no later than Friday, June 24, 2016, at 4:00 p.m.
>>>
>>> It may be sent via email to tross@judicom.ca or sent/delivered to:
>>>
>>> Committee on Queen’s Counsel Appointments
>>> c/o The Hon. Chief Justice J. Ernest Drapeau
>>> Court of Appeal of New Brunswick
>>> Justice Building
>>> 427 Queen Street, Room 311
>>> Fredericton, NB E3B 1B7
>>>
>>>
>>> http://www.cbc.ca/news/canada/
>>>
>>>
>>> Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
>>> Kirk MacDonald says Liberals drafted bill to help put Jolène Richard
>>> and André Richard on court
>>>
>>> By Jacques Poitras, CBC News Posted: Nov 24, 2016 6:03 PM AT
>>>
>>>
>>>
>>> A Progressive Conservative MLA has taken the unusual step of naming
>>> names — including that of a sitting provincial court judge — in his
>>> attack on a proposed law on how Court of Queen's Bench judges are
>>> transferred.
>>>
>>> Kirk MacDonald told the legislature last week that he believes the
>>> government bill was drafted to help the spouse and the brother-in-law
>>> of federal Liberal MP Dominic LeBlanc, a close ally of Premier Brian
>>> Gallant.
>>> nb-andre-richard-jolene-
>>>
>>> A Progressive Conservative MLA believes the Liberal government's
>>> judge-moving bill was drafted to help have André Richard and Jolène
>>> Richard appointed to the Court of Queen's Bench. (CBC)
>>>
>>> "I will give you two names. I will give you Jolène Richard and André
>>> Richard, two people I believe are looking for judicial appointments
>>> here in New Brunswick," MacDonald said during second-reading debate on
>>> the bill.
>>>
>>> In fact, Jolène Richard is already a provincial court judge. André
>>> Richard is her brother and a senior lawyer at Stewart McKelvey.
>>>
>>> Province names new judge, wife of MP Dominic LeBlanc
>>>
>>> "Dominic LeBlanc has some judges that he wants to appoint in New
>>> Brunswick, and the framework as it currently exists does not allow for
>>> that to happen," MacDonald said.
>>>
>>> André Richard stated Thursday he "had no involvement in the
>>> government's decision to propose changes to the Judicature Act."
>>>
>>> "As you know, my sister is already a judge who sits in Moncton. I fail
>>> to understand why our names are being brought into this debate."
>>> Bill gives veto to minister
>>>
>>> The Liberal bill would amend the Judicature Act, which governs how
>>> courts operate, to give the justice minister a veto over Chief Justice
>>> David Smith of the Court of Queen's Bench transferring judges from one
>>> court to another.
>>> nb-chief-justice-david-smith
>>>
>>> Court of Queen's Bench Chief Justice David Smith has transferred 13
>>> judges since becoming chief justice in 1998. (Acadia University)
>>>
>>> PC MLAs have hinted in the past about who they believe the bill was
>>> designed to help. But until now, no one was willing to name them.
>>>
>>> It's rare for politicians to draw sitting judges into partisan
>>> debates, and the veteran Tory MLA did not offer any evidence to back
>>> up his allegations. He turned down a request to explain his views in
>>> an interview.
>>> Parliamentary privilege
>>>
>>> Parliamentary privilege protects members of the legislature from being
>>> sued for defamation or held in contempt of court for comments they
>>> make during proceedings. No such protection exists for things they say
>>> outside the legislature.
>>>
>>> Provincial court judges such as Richard are appointed by the province,
>>> but Court of Queen's Bench justices are named by Ottawa. Both courts
>>> are administered by the province, but the current law gives Smith the
>>> power to move judges on his court on his own.
>>>
>>> Smith has argued the bill would threaten the independence of the
>>> courts, which could make it unconstitutional.
>>> Bill brought back
>>>
>>> The Liberals introduced the bill during the last session, but it
>>> didn't pass before the session ended. They brought it back last week.
>>>
>>> Justice Minister Denis Landry said last week the bill was designed to
>>> bring "best practices" to court administration and end the pattern of
>>> justices being named to smaller courthouses and then being transferred
>>> soon after.
>>>
>>> Judge-moving legislation introduced again
>>> 2 chief justices appear at odds over judge-moving bill
>>> 7 things list reveals about controversial judge-moving bill
>>>
>>> "This is what we want to correct," he said. "If we name a judge, they
>>> should reside there, for a long period of time, not just two or three
>>> months then move them where they want to go."
>>>
>>> Asked whether he'd veto such a transfer, Landry said, "This is what
>>> we'll
>>> see."
>>>
>>> Landry's department said Thursday it would not comment on MacDonald's
>>> accusation.
>>> Larger locations favoured
>>>
>>> MacDonald said during last week's debate that it's true Court of
>>> Queen's Bench justices are often appointed to smaller locations and
>>> are then moved to one of the three largest cities.
>>> Dominic LeBlanc
>>>
>>> Federal Fisheries Minister Dominic LeBlanc is a close ally of New
>>> Brunswick Premier Brian Gallant. (CBC)
>>>
>>> He said that court postings in Moncton, Fredericton, and Saint John
>>> are "The positions that everyone seems to want."
>>>
>>> And he said the current system for moving judges, "which is controlled
>>> by the chief justice, does not work for Dominic LeBlanc and the
>>> Liberal Party of New Brunswick," MacDonald said.
>>>
>>> Upside to judge-moving bill touted by ex-constitutional lawyer
>>> Gallant government's judge-moving bill questioned by legal expert
>>>
>>> "They want to change it. They want to have a situation where they have
>>> a mechanism to control that decision and to effect change on that
>>> decision."
>>>
>>> In June, Smith transferred Justice Tracey DeWare from Woodstock to
>>> Moncton and Justice Richard Petrie from Saint John to Woodstock.
>>>
>>> DeWare was moved to fill a vacancy after Justice Brigitte Robichaud
>>> switched to supernumerary, or part-time, status.
>>>
>>> Jolène Richard did not respond to interview requests.
>>>
>>> ---------- Original message ----------
>>> From: Póstur FOR <postur@for.is>
>>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>>> Subject: Re: Hey Premier Gallant please inform the questionable
>>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>>> Not" province at least we have twice the population of Iceland and
>>> that not all of us are as dumb as she and her Prime Minister pretends
>>> to be..
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
>>> Erindi þitt hefur verið móttekið / Your request has been received
>>>
>>> Kveðja / Best regards
>>> Forsætisráðuneytið / Prime Minister's Office
>>>
>>>
>>> ---------- Original message ----------
>>> From: Póstur IRR <postur@irr.is>
>>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>>> Subject: Re: Hey Premier Gallant please inform the questionable
>>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>>> Not" province at least we have twice the population of Iceland and
>>> that not all of us are as dumb as she and her Prime Minister pretends
>>> to be..
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
>>> Erindi þitt hefur verið móttekið. / Your request has been received.
>>>
>>> Kveðja / Best regards
>>> Innanríkisráðuneytið / Ministry of the Interior
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: Póstur FOR <postur@for.is>
>>> Date: Mon, 4 Apr 2016 21:43:50 +0000
>>> Subject: Re: After crossing paths with them bigtime in 2004 Davey Baby
>>> Coon and his many Green Meanie and Fake Left cohorts know why I won't
>>> hold my breath waiting for them to act with any semblance of integrity
>>> now N'esy Pas Chucky Leblanc??
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
>>> Erindi þitt hefur verið móttekið / Your request has been received
>>>
>>> Kveðja / Best regards
>>> Forsætisráðuneytið / Prime Minister's Office
>>>
>>>
>>> This is the docket
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>> These are digital recordings of the last two hearings
>>>
>>> Dec 14th https://archive.org/details/
>>>
>>> Jan 11th https://archive.org/details/
>>>
>>> This me running for a seat in Parliament again while CBC denies it again
>>>
>>> Fundy Royal, New Brunswick Debate – Federal Elections 2015 - The Local
>>> Campaign, Rogers TV
>>>
>>> https://www.youtube.com/watch?
>>>
>>> http://www.cbc.ca/news/canada/
>>>
>>> Veritas Vincit
>>> David Raymond Amos
>>> 902 800 0369
>>>
>>> FYI This is the text of the lawsuit that should interest Trudeau the
>>> most
>>>
>>>
>>> http://davidraymondamos3.
>>>
>>> 83 The Plaintiff states that now that Canada is involved in more war
>>> in Iraq again it did not serve Canadian interests and reputation to
>>> allow Barry Winters to publish the following words three times over
>>> five years after he began his bragging:
>>>
>>> January 13, 2015
>>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>>
>>> December 8, 2014
>>> Why Canada Stood Tall!
>>>
>>> Friday, October 3, 2014
>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>>> Stupid Justin Trudeau
>>>
>>> Canada’s and Canadians free ride is over. Canada can no longer hide
>>> behind Amerka’s and NATO’s skirts.
>>>
>>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>>> actually committed the Canadian Army to deploy in the second campaign
>>> in Iraq, the Coalition of the Willing. This was against or contrary to
>>> the wisdom or advice of those of us Canadian officers that were
>>> involved in the initial planning phases of that operation. There were
>>> significant concern in our planning cell, and NDHQ about of the dearth
>>> of concern for operational guidance, direction, and forces for
>>> operations after the initial occupation of Iraq. At the “last minute”
>>> Prime Minister Chretien and the Liberal government changed its mind.
>>> The Canadian government told our amerkan cousins that we would not
>>> deploy combat troops for the Iraq campaign, but would deploy a
>>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>>> incompetence and stupidity, the Canadian Army was heroic,
>>> professional, punched well above it’s weight, and the PPCLI Battle
>>> Group, is credited with “saving Afghanistan” during the Panjway
>>> campaign of 2006.
>>>
>>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>>> Liberal Prime Minister Jean Chretien committed, and deployed the
>>> Canadian army to Canada’s longest “war” without the advice, consent,
>>> support, or vote of the Canadian Parliament.
>>>
>>> What David Amos and the rest of the ignorant, uneducated, and babbling
>>> chattering classes are too addled to understand is the deployment of
>>> less than 75 special operations troops, and what is known by planners
>>> as a “six pac cell” of fighter aircraft is NOT the same as a
>>> deployment of a Battle Group, nor a “war” make.
>>>
>>> The Canadian Government or The Crown unlike our amerkan cousins have
>>> the “constitutional authority” to commit the Canadian nation to war.
>>> That has been recently clearly articulated to the Canadian public by
>>> constitutional scholar Phillippe Legasse. What Parliament can do is
>>> remove “confidence” in The Crown’s Government in a “vote of
>>> non-confidence.” That could not happen to the Chretien Government
>>> regarding deployment to Afghanistan, and it won’t happen in this
>>> instance with the conservative majority in The Commons regarding a
>>> limited Canadian deployment to the Middle East.
>>>
>>> President George Bush was quite correct after 911 and the terror
>>> attacks in New York; that the Taliban “occupied” and “failed state”
>>> Afghanistan was the source of logistical support, command and control,
>>> and training for the Al Quaeda war of terror against the world. The
>>> initial defeat, and removal from control of Afghanistan was vital and
>>> essential for the security and tranquility of the developed world. An
>>> ISIS “caliphate,” in the Middle East, no matter how small, is a clear
>>> and present danger to the entire world. This “occupied state,”
>>> or“failed state” will prosecute an unending Islamic inspired war of
>>> terror against not only the “western world,” but Arab states
>>> “moderate” or not, as well. The security, safety, and tranquility of
>>> Canada and Canadians are just at risk now with the emergence of an
>>> ISIS“caliphate” no matter how large or small, as it was with the
>>> Taliban and Al Quaeda “marriage” in Afghanistan.
>>>
>>> One of the everlasting “legacies” of the “Trudeau the Elder’s dynasty
>>> was Canada and successive Liberal governments cowering behind the
>>> amerkan’s nuclear and conventional military shield, at the same time
>>> denigrating, insulting them, opposing them, and at the same time
>>> self-aggrandizing ourselves as “peace keepers,” and progenitors of
>>> “world peace.” Canada failed. The United States of Amerka, NATO, the
>>> G7 and or G20 will no longer permit that sort of sanctimonious
>>> behavior from Canada or its government any longer. And Prime Minister
>>> Stephen Harper, Foreign Minister John Baird , and Cabinet are fully
>>> cognizant of that reality. Even if some editorial boards, and pundits
>>> are not.
>>>
>>> Justin, Trudeau “the younger” is reprising the time “honoured” liberal
>>> mantra, and tradition of expecting the amerkans or the rest of the
>>> world to do “the heavy lifting.” Justin Trudeau and his “butt buddy”
>>> David Amos are telling Canadians that we can guarantee our security
>>> and safety by expecting other nations to fight for us. That Canada can
>>> and should attempt to guarantee Canadians safety by providing
>>> “humanitarian aid” somewhere, and call a sitting US president a “war
>>> criminal.” This morning Australia announced they too, were sending
>>> tactical aircraft to eliminate the menace of an ISIS “caliphate.”
>>>
>>> In one sense Prime Minister Harper is every bit the scoundrel Trudeau
>>> “the elder” and Jean ‘the crook” Chretien was. Just As Trudeau, and
>>> successive Liberal governments delighted in diminishing,
>>> marginalizing, under funding Canadian Forces, and sending Canadian
>>> military men and women to die with inadequate kit and modern
>>> equipment; so too is Prime Minister Stephen Harper. Canada’s F-18s are
>>> antiquated, poorly equipped, and ought to have been replaced five
>>> years ago. But alas, there won’t be single RCAF fighter jock that
>>> won’t go, or won’t want to go, to make Canada safe or safer.
>>>
>>> My Grandfather served this country. My father served this country. My
>>> Uncle served this country. And I have served this country. Justin
>>> Trudeau has not served Canada in any way. Thomas Mulcair has not
>>> served this country in any way. Liberals and so called social
>>> democrats haven’t served this country in any way. David Amos, and
>>> other drooling fools have not served this great nation in any way. Yet
>>> these fools are more than prepared to ensure their, our safety to
>>> other nations, and then criticize them for doing so.
>>>
>>> Canada must again, now, “do our bit” to guarantee our own security,
>>> and tranquility, but also that of the world. Canada has never before
>>> shirked its responsibility to its citizens and that of the world.
>>>
>>> Prime Minister Harper will not permit this country to do so now
>>>
>>> From: dnd_mdn@forces.gc.ca
>>> Date: Fri, 27 May 2011 14:17:17 -0400
>>> Subject: RE: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and
>>> the War in Iraq (I just called SOCOM and let them know I was still
>>> alive
>>> To: david.raymond.amos@gmail.com
>>>
>>> This is to confirm that the Minister of National Defence has received
>>> your email and it will be reviewed in due course. Please do not reply
>>> to this message: it is an automatic acknowledgement.
>>>
>>>
>>> ---------- Original message ----------
>>> From: David Amos <david.raymond.amos@gmail.com>
>>> Date: Fri, 27 May 2011 13:55:30 -0300
>>> Subject: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and the
>>> War in Iraq (I just called SOCOM and let them know I was still alive
>>> To: DECPR@forces.gc.ca, Public.Affairs@socom.mil,
>>> Raymonde.Cleroux@mpcc-cppm.gc.
>>> william.elliott@rcmp-grc.gc.ca
>>> dnd_mdn@forces.gc.ca, media@drdc-rddc.gc.ca, information@forces.gc.ca,
>>> milner@unb.ca, charters@unb.ca, lwindsor@unb.ca,
>>> sarah.weir@mpcc-cppm.gc.ca, birgir <birgir@althingi.is>, smari
>>> < smari@immi.is>, greg.weston@cbc.ca, pm <pm@pm.gc.ca>,
>>> susan@blueskystrategygroup.com
>>> eugene@blueskystrategygroup.
>>> Cc: "Edith. Cody-Rice" <Edith.Cody-Rice@cbc.ca>, "terry.seguin"
>>> < terry.seguin@cbc.ca>, acampbell <acampbell@ctv.ca>, whistleblower
>>> < whistleblower@ctv.ca>
>>>
>>> I talked to Don Newman earlier this week before the beancounters David
>>> Dodge and Don Drummond now of Queen's gave their spin about Canada's
>>> Health Care system yesterday and Sheila Fraser yapped on and on on
>>> CAPAC during her last days in office as if she were oh so ethical.. To
>>> be fair to him I just called Greg Weston (613-288-6938) I suggested
>>> that he should at least Google SOUCOM and David Amos It would be wise
>>> if he check ALL of CBC's sources before he publishes something else
>>> about the DND EH Don Newman? Lets just say that the fact that your
>>> old CBC buddy, Tony Burman is now in charge of Al Jazeera English
>>> never impressed me. The fact that he set up a Canadian office is
>>> interesting though
>>>
>>> http://www.
>>>
>>> http://www.cbc.ca/news/arts/
>>>
>>> Anyone can call me back and stress test my integrity after they read
>>> this simple pdf file. BTW what you Blue Sky dudes pubished about
>>> Potash Corp and BHP is truly funny. Perhaps Stevey Boy Harper or Brad
>>> Wall will fill ya in if you are to shy to call mean old me.
>>>
>>> http://www.scribd.com/doc/
>>>
>>> The Governor General, the PMO and the PCO offices know that I am not a
>>> shy political animal
>>>
>>> Veritas Vincit
>>> David Raymond Amos
>>> 902 800 0369
>>>
>>> Enjoy Mr Weston
>>> http://www.cbc.ca/m/touch/
>>>
>>> "But Lang, defence minister McCallum's chief of staff, says military
>>> brass were not entirely forthcoming on the issue. For instance, he
>>> says, even McCallum initially didn't know those soldiers were helping
>>> to plan the invasion of Iraq up to the highest levels of command,
>>> including a Canadian general.
>>>
>>> That general is Walt Natynczyk, now Canada's chief of defence staff,
>>> who eight months after the invasion became deputy commander of 35,000
>>> U.S. soldiers and other allied forces in Iraq. Lang says Natynczyk was
>>> also part of the team of mainly senior U.S. military brass that helped
>>> prepare for the invasion from a mobile command in Kuwait."
>>>
>>> http://baconfat53.blogspot.
>>>
>>> "I remember years ago when the debate was on in Canada, about there
>>> being weapons of mass destruction in Iraq. Our American 'friends"
>>> demanded that Canada join into "the Coalition of the Willing. American
>>> "veterans" and sportscasters loudly denounced Canada for NOT buying
>>> into the US policy.
>>>
>>> At the time I was serving as a planner at NDHQ and with 24 other of my
>>> colleagues we went to Tampa SOUCOM HQ to be involved in the planning
>>> in the planning stages of the op....and to report to NDHQ, that would
>>> report to the PMO upon the merits of the proposed operation. There was
>>> never at anytime an existing target list of verified sites where there
>>> were deployed WMD.
>>>
>>> Coalition assets were more than sufficient for the initial strike and
>>> invasion phase but even at that point in the planning, we were
>>> concerned about the number of "boots on the ground" for the occupation
>>> (and end game) stage of an operation in Iraq. We were also concerned
>>> about the American plans for occupation plans of Iraq because they at
>>> that stage included no contingency for a handing over of civil
>>> authority to a vetted Iraqi government and bureaucracy.
>>>
>>> There was no detailed plan for Iraq being "liberated" and returned to
>>> its people...nor a thought to an eventual exit plan. This was contrary
>>> to the lessons of Vietnam but also to current military thought, that
>>> folks like Colin Powell and "Stuffy" Leighton and others elucidated
>>> upon. "What's the mission" how long is the mission, what conditions
>>> are to met before US troop can redeploy? Prime Minister Jean Chretien
>>> and the PMO were even at the very preliminary planning stages wary of
>>> Canadian involvement in an Iraq operation....History would prove them
>>> correct. The political pressure being applied on the PMO from the
>>> George W Bush administration was onerous
>>>
>>> American military assets were extremely overstretched, and Canadian
>>> military assets even more so It was proposed by the PMO that Canadian
>>> naval platforms would deploy to assist in naval quarantine operations
>>> in the Gulf and that Canadian army assets would deploy in Afghanistan
>>> thus permitting US army assets to redeploy for an Iraqi
>>> operation....The PMO thought that "compromise would save Canadian
>>> lives and liberal political capital.. and the priority of which
>>> ....not necessarily in that order. "
>>>
>>> You can bet that I called these sneaky Yankees again today EH John
>>> Adams? of the CSE within the DND?
>>>
>>> http://www.socom.mil/
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: David Amos <motomaniac333@gmail.com>
>>> Date: Tue, 20 Oct 2015 09:20:29 -0400
>>> Subject: Hey before you Red Coats swear an Oath to the Queen and the
>>> 42nd Parliament begins perhaps the turncoat Big Bad Billy Casey the
>>> Yankee carpetbagger David Lutz or some Boyz from NB should explain
>>> this lawsuit to you real slow.
>>> To: alaina@alainalockhart.ca, david <david@lutz.nb.ca>,
>>> "daniel.mchardie" <daniel.mchardie@cbc.ca>, info@waynelong.ca,
>>> info@ginettepetitpastaylor.ca, rarseno@nbnet.nb.ca,
>>> matt@mattdecourcey.ca, info@sergecormier.ca, pat@patfinnigan.ca,
>>> tj@tjharvey.ca, karen.ludwig.nb@gmail.com
>>> Cc: David Amos <david.raymond.amos@gmail.com>
>>> < Frank.McKenna@td.com>, info@votezsteve.ca, info@billcasey.ca,
>>> "justin.trudeau.a1" <justin.trudeau.a1@parl.gc.ca>
>>> "dominic.leblanc.a1" <dominic.leblanc.a1@parl.gc.ca
>>> < oldmaison@yahoo.com>, jacques_poitras <jacques_poitras@cbc.ca>,
>>> "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "peter.mackay"
>>> < peter.mackay@justice.gc.ca>
>>>
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: Póstur IRR <postur@irr.is>
>>> Date: Mon, 4 Apr 2016 21:43:50 +0000
>>> Subject: Re: After crossing paths with them bigtime in 2004 Davey Baby
>>> Coon and his many Green Meanie and Fake Left cohorts know why I won't
>>> hold my breath waiting for them to act with any semblance of integrity
>>> now N'esy Pas Chucky Leblanc??
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>> Erindi þitt hefur verið móttekið. / Your request has been received.
>>>
>>> Kveðja / Best regards
>>> Innanríkisráðuneytið / Ministry of the Interior
>>>
>>> ---------- Forwarded message ----------
>>> From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
>>> Date: Mon, 4 Apr 2016 21:39:17 +0000
>>> Subject: RE: After crossing paths with them bigtime in 2004 Davey Baby
>>> Coon and his many Green Meanie and Fake Left cohorts know why I won't
>>> hold my breath waiting for them to act with any semblance of integrity
>>> now N'esy Pas Chucky Leblanc??
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>> Thank you for writing to the Premier of New Brunswick.
>>> Please be assured that your email has been received, will be reviewed,
>>> and a response will be forthcoming.
>>> Once again, thank you for taking the time to write.
>>>
>>> Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
>>> Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
>>> et qu'une réponse vous sera acheminée.
>>> Merci encore d'avoir pris de temps de nous écrire.
>>>
>>> Sincerely, / Sincèrement,
>>> Mallory Fowler
>>> Corespondence Manager / Gestionnaire de la correspondance
>>> Office of the Premier / Cabinet du premier ministre
>>>
>>>
>>> For the public record I knew Birgitta was no better than the people
>>> she bitches about when she refused to discuss the QSLS blog with me
>>> while she was in Canada making her rounds in the Canadain media in
>>> January of 2011.
>>>
>>>
>>>
>>> http://thedavidamosrant.
>>>
>>> From: "MacKenzie, Lloyd (SNB)" lloyd.mackenzie@snb.ca
>>> Date: Thu, 8 Jan 2009 13:01:27 -0400
>>> Subject: Telephone Conversation re: 1965 Harley-Davidson Motorcycle
>>> To: david.raymond.amos@gmail.com
>>> Cc: "Bastarache, Donald J.(SNB)" Donald.Bastarache@snb.ca,
>>> "Morrison, Bill (SNB)" bill.morrison@snb.ca,
>>> "Levesque-Finn, Sylvie(SNB)" Sylvie.Levesque-Finn@snb.ca, "Pleadwell,
>>> Derek
>>> (SNB)" Derek.Pleadwell@snb.ca
>>>
>>> Mr. Amos:
>>> Upon your request I will inform Mr. Derek Pleadwell[(506)
>>> 444-2897], Chairperson SNB Board of Directors, of our extended
>>> conversation regarding the issues surrounding the 1965 Harley-Davidson
>>> motorcycle when he visits my office at approximately 3:30 P.M. today.
>>>
>>> Also, as requested, I've copied in Ms. Sylvie Levesque-Finn[ (506)
>>> 453-3879 ],SNB President.
>>>
>>> Lloyd D. MacKenzie, AACI, P. App, CAE
>>> Regional Manager of Assessment - Beauséjour Region/Responsable
>>> régional de l'évaluation - region Beauséjour
>>> Assessment/ de l'évaluation
>>> Service New Brunswick/ Service Nouveau-Brunswick
>>> 633 rue Main St.
>>> 4th floor/4ième étage
>>> Moncton, NB E1C 8R3
>>> Tel/Tél: (506) 856-3910
>>> Fax/Téléc: (506) 856-2519
>>>
>>> http://thedavidamosrant.
>>>
>>> From: Grady, Louise (ENB)
>>> Sent: Friday, June 06, 2014 11:55 AM
>>> To: mailto:David.Raymond.Amos@
>>> Subject: Final Follow up: Your registration as an independent candidate
>>>
>>> Mr. Amos:
>>>
>>> Following the Chief Electoral Officer's request by telephone on May
>>> 28, 2014 and his previous e-mailed requests for additional information
>>> with respect to your registration as an independent candidate (please
>>> see below), and having not received that information despite having
>>> provided you with several opportunities to furnish the requested
>>> information, he has now directed that said registration be cancelled.
>>> Should you wish to re-apply for registration as an independent
>>> candidate, you may do so after 60 days following the cancellation of
>>> your present registration as provided for under subsection 146.1(1) of
>>> the Elections Act.
>>>
>>> Louise Grady
>>> Elections Coordinator / Coordinatrice des élections
>>>
>>> Elections New Brunswick / Élections Nouveau-Brunswick
>>> Office/bureau : (506) 453-2218 / 1-800-308-2922
>>> Fax/télécopieur: (506) 457-4926
>>> http://www.electionsnb.ca
>>>
>>> From: Grady, Louise (ENB)
>>> Sent: May 28, 2014 4:20 PM
>>> To: 'David.Raymond.Amos@gmail.com'
>>> Subject: Follow up: Your registration as an independent candidate
>>>
>>> Mr. Amos:
>>>
>>> At the request of Mr. Michael Quinn, Chief Electoral Officer of the
>>> Province of New Brunswick, I am writing to summarize his phone call to
>>> you this afternoon, reminding you of his message of May 14 (see
>>> below). In the message he left on your voice mail, he granted you a
>>> few more days' grace and asked you to return his call at (506)
>>> 453-2218. He added that should he not hear from you by then, he would
>>> proceed to cancel your registration as an independent candidate as
>>> provided for in the Elections Act.
>>>
>>> Louise Grady
>>> Elections Coordinator / Coordinatrice des élections
>>>
>>>
>>> Elections New Brunswick / Élections Nouveau-Brunswick
>>> Office/bureau : (506) 453-2218 / 1-800-308-2922
>>> Fax/télécopieur: (506) 457-4926
>>> http://www.electionsnb.ca
>>>
>>
>
---------- Forwarded message ----------
From: "Fitch, Leanne" <leanne.fitch@fredericton.ca>
Date: Wed, 27 Mar 2019 17:05:42 +0000
Subject: Automatic reply: I just called and tried to discuss Whitey
Bulger's recent murder in prison and his victims buried in the
Yarmouth area long ago
To: David Amos <motomaniac333@gmail.com>
I will be out of office March 25, 2018 returning late day April 8,
2019. Je quitterai le bureau le 25 mars, je rentrerai tard le jour 08,
d'avril 2019.
Due to a very high volume of incoming email to this account there is
an unusual backlog of pending responses. Your message may not be
responded to in a timely fashion. If you require a formal response
please send your query in writing to my attention c/o Fredericton
Police Force, 311 Queen St, Fredericton, NB E3B 1B1 or phone (506)
460-2300. If this is an emergency related to public safety please call
911.
En raison du grand nombre de courriels que reçoit cette messagerie, il
se peut qu’une réponse tarde un peu à venir. Si vous avez besoin d'une
réponse officielle, veuillez envoyer votre demande par écrit à mon
attention aux soins (a/s) de la Force policière de Fredericton 311,
rue Queen, Fredericton, NB E3B 1B1, ou composer le 506 460-2300.
S'il s'agit d'une urgence de sécurité publique, faites le 911.
This e-mail communication (including any or all attachments) is
intended only for the use of the person or entity to which it is
addressed and may contain confidential and/or privileged material. If
you are not the intended recipient of this e-mail, any use, review,
retransmission, distribution, dissemination, copying, printing, or
other use of, or taking of any action in reliance upon this e-mail, is
strictly prohibited. If you have received this e-mail in error, please
contact the sender and delete the original and any copy of this e-mail
and any printout thereof, immediately. Your co-operation is
appreciated.
Any correspondence with elected officials, employees, or other agents
of the City of Fredericton may be subject to disclosure under the
provisions of the Province of New Brunswick Right to Information and
Protection of Privacy Act.
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GOV-OP-073
---------- Forwarded message ----------
From: "Eddy, Jamie (Fredericton)" <JEddy@coxandpalmer.com>
Date: Wed, 27 Mar 2019 17:07:30 +0000
Subject: Automatic reply: I just called and tried to discuss Whitey
Bulger's recent murder in prison and his victims buried in the
Yarmouth area long ago
To: David Amos <motomaniac333@gmail.com>
I am currently out of the office at a hearing returning on Friday
March 29. I will have no access to emails or phone calls during this
period of time. If your matter is urgent please contact my assistant
Jennifer Patterson at 506 462 4762 / jpatterson@coxandpalmer.com who
can direct you to another member of our Employment and Labour Group.
Thank you. Jamie
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Sat, 10 Apr 2021 19:48:13 -0300
Subject: Fwd: I trust that his minion Mark Koneda of US Naval Intel
and his FBI pals know why I had no respect for their Biden's old buddy
Rep. Alcee Hastings for rather obvious reasons
To: raylmcgovern@gmail.com
Cc: motomaniac333 <motomaniac333@gmail.com>
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Tue, 6 Apr 2021 23:52:37 -0300
Subject: I trust that his minion Mark Koneda of US Naval Intel and his
FBI pals know why I had no respect for their Biden's old buddy Rep.
Alcee Hastings for rather obvious reasons
To: Dawn.McArdle@mail.house.gov, Matt.Gaetz@mail.house.gov,
bgordon@anchorsgordon.com, patrick.parsons@mail.house.gov
nia_ig.fct@navy.mil, art.mcdonald@forces.gc.ca, "Greta.Bossenmaier"
< Greta.Bossenmaier@hq.nato.int
< Boston.Mail@ic.fbi.gov>, Newsroom <Newsroom@globeandmail.com>,
"steve.murphy" <steve.murphy@ctv.ca>, "rob.moore"
< rob.moore@parl.gc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"robert.mckee" <robert.mckee@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, washington field
< washington.field@ic.fbi.gov>, "Ian.Shugart"
< Ian.Shugart@pco-bcp.gc.ca>, pm <pm@pm.gc.ca>, premier
< premier@ontario.ca>, premier <premier@gov.ab.ca>, premier
< premier@gov.bc.ca>, premier <premier@gov.nl.ca>, premier
< premier@gov.pe.ca>, premier <premier@gov.nt.ca>, PREMIER
< PREMIER@gov.ns.ca>, premier <premier@gov.yk.ca>, premier
< premier@leg.gov.mb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, Office
of the Premier <scott.moe@gov.sk.ca>, "Brenda.Lucki"
< Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey"
< barbara.massey@rcmp-grc.gc.ca
< Bill.Blair@parl.gc.ca>, "fin.minfinance-financemin.
< fin.minfinance-financemin.
https://www.cnbc.com/2021/04/
Rep. Alcee Hastings dies, narrowing Democratic House majority to just 7
Published Tue, Apr 6 202110:44 AM EDTUpdated Tue, Apr 6 20214:01 PM EDT
Christian Nunley
@cnunley7
Share
Key Points
Rep. Alcee Hastings, D-Fla., died Tuesday at age 84 after a
two-year bout with pancreatic cancer.
Democrats now hold a narrower margin in the House, with a 218-211
split, while six vacant seats remain.
Rep. Alcee Hastings, D-Fla., listens to students speak about their
experiences with gun violence during the The Gun Violence Prevention
Task Force panel Wednesday afternoon May 23, 2018.
Sarah Silbiger | CQ-Roll Call, Inc. | Getty Images
Rep. Alcee Hastings, D-Fla., died Tuesday after a more than two-year
bout with pancreatic cancer, NBC News confirmed.
Hastings, who served in the House for nearly three decades, was 84.
Throughout his career, he held several key committee assignments and
leadership positions, most recently as vice chairman of the rules
committee. He had also been Florida’s first Black federal trial judge,
appointed to the bench in 1979 by President Jimmy Carter.
“As an attorney, civil rights activist and judge, and over his nearly
thirty years in Congress, he fought tirelessly to create opportunities
to lift up working families, communities of color, children and
immigrants,” House Speaker Nancy Pelosi wrote in a statement.
President Joe Biden reacted to Hastings’ death on Tuesday afternoon.
“Across his long career of public service, Alcee always stood up to
fight for equality, and always showed up for the working people he
represented,” he said in a statement. “Jill and I are saddened to
learn of his passing.”
Democrats now hold a narrower advantage in the House, 218-211, giving
the party a smaller margin of error in passing legislation. Six seats
are vacant, four of which were previously held by Democrats and two by
Republicans.
Three of the four Democratic House seats were vacated by appointments
to positions in President Joe Biden’s Cabinet. Deb Haaland, of New
Mexico, was appointed secretary of the Department of Interior; Marcia
Fudge, of Ohio, was named head of the Department of Housing and Urban
Development, and Cedric Richmond, of Louisiana, became senior advisor
to the president and director of the White House Office of Public
Engagement.
One of the two vacant GOP seats is no longer up for contest. Julia
Letlow of Louisiana was elected in late March but has yet to be sworn
in. Julia will replace her late husband, Luke Letlow, who was elected
to the seat but died before being sworn in due to Covid-19
complications.
In 1983, when Hastings was a federal judge, he was acquitted in
criminal court on a charge of conspiring to solicit a bribe in
exchange for leniency in a sentencing.
Alcee Hastings testifying at his impeachment trial in 1989.
Michael Jenkins | CQ-Roll Call, Inc. | Getty Images
Nevertheless, the House impeached Hastings in 1988 amid accusations
that he perjured himself during that criminal trial. The Senate voted
to convict him, removing him from the bench, but did not vote to
disqualify him from holding future office.
Hastings appealed the impeachment conviction in 1992. A federal judge
overturned the conviction, on the grounds that a 12-member Senate
committee, rather than the full Senate, conducted the impeachment
trial. This was the first time a Senate conviction was overturned by a
federal judge.
The next year, the U.S. Supreme Court ruled federal courts do not have
the authority to review the procedures of a Senate impeachment trial.
Hastings’ legislative career, which began with his election in 1992
and continued until his death, was unaffected by the decision.
On 4/6/21, David Amos <david.raymond.amos333@gmail.
> ---------- Forwarded message ----------
> From: NIA_IG <nia_ig.fct@navy.mil>
> Date: Tue, 6 Apr 2021 11:03:08 +0000
> Subject: RE: [Non-DoD Source] Fwd: Methinks the evil lawyer Howie
> Cooper made a deal with the VERY NASTY FBI dudes in Beantown N'esy Pas
> Howie Anglin?
> To: David Amos <david.raymond.amos333@gmail.
>
> Dear David Amos,
> The Naval Intelligence Activity (NIA) Office of the Inspector General
> (IG) reviewed your email and attached .WAV file provided to the NIA
> Hotline on 2 April 2021. I found no connection to the United States
> Navy or United States Naval Intelligence.
>
> Naval Inspectors General exist to improve the efficiency and
> effectiveness of US Navy Programs, and strive to eliminate and prevent
> waste, fraud, and abuse with their respective departments. Naval IGs
> are restricted to assessing matters falling within the purview of
> their respective commanders.
>
> Citing the lack of an apparent connection to the US Navy or Naval
> Intelligence, I am unable to provide further assistance, or provide
> direct referral to any other agency or activity.
>
> Sincerely,
>
> Mark Koneda
> Investigator
> Naval Intelligence Activity
> Office of the Inspector General
> NIA_IG@navy.mil
> (301)669-3030 (unclass)
> TSVOIP 560-3030
>
> INSPECTOR GENERAL SENSITIVE INFORMATION - FOR OFFICIAL USE ONLY The
> information contained in this email and any accompanying attachments
> may contain Inspector General sensitive or pre-decisional information,
> which is protected from mandatory disclosure under the Freedom of
> Information Act (FOIA, 5 USC Section 552). It should not be released
> to unauthorized persons. If you are not the intended recipient of this
> information, any disclosure, copying, distribution, or the taking of
> any action in reliance on this information is prohibited. If you
> received this email in error, please notify this office by email or by
> calling (301) 669-3030.
>
> -----Original Message-----
> From: David Amos <david.raymond.amos333@gmail.
> Sent: Friday, April 2, 2021 12:50 PM
> To: NIA_IG <nia_ig.fct@navy.mil>
> Cc: motomaniac333 <motomaniac333@gmail.com>
> Subject: [Non-DoD Source] Fwd: Methinks the evil lawyer Howie Cooper
> made a deal with the VERY NASTY FBI dudes in Beantown N'esy Pas Howie
> Anglin?
>
> ---------- Forwarded message ----------
> From: Art.McDonald@forces.gc.ca
> Date: Thu, 18 Mar 2021 13:49:10 +0000
> Subject: Automatic reply: Methinks the evil lawyer Howie Cooper made a
> deal with the VERY NASTY FBI dudes in Beantown N'esy Pas Howie Anglin?
> To: motomaniac333@gmail.com
>
> The Acting Chief of the Defence Staff is LGen Wayne Eyre, he may be
> reached at wayne.eyre@forces.gc.ca.
>
> Le Chef d'état-major de la Défense par intérim est le LGen Wayne Eyre.
> Il peut être rejoint au wayne.eyre@forces.gc.ca.
>
> Art McD
> He/Him // Il/Lui
> Admiral/amiral Art McDonald
>
> Chief of the Defence Staff (CDS)
> Canadian Armed Forces
> art.mcdonald@forces.gc.ca<
> 613-992-5054
>
> Chef d’état-major de la Defense (CÉMD)
> Forces armées canadiennes
> art.mcdonald@forces.gc.ca<
> 613-992-5054
>
> ----- Original Message -----
>> > > > From: "McKnight, Gisele" McKnight.Gisele@kingscorecord.
>> > > > To: lcampenella@ledger.com
>> > > > Cc:motomaniac_02186@hotmail.
>> > > Sent: Tuesday, March 22, 2005 2:53 PM
>> > > > Subject: David Amos
>> > > >
>> > > >
>> > > > > Hello Lisa,
>> > > > > David Amos asked me to contact you. I met him last June after he
>> > became
>> > > an
>> > > > > independent (not representing any political party) candidate in
>> > > > > our
>> > > > federal
>> > > > > election that was held June 28.
>> > > > >
>> > > > > He was a candidate in our constituency of Fundy (now called
>> > > Fundy-Royal).
>> > > > I
>> > > > > wrote a profile story about him, as I did all other candidates.
>> > > > > That
>> > > story
>> > > > > appeared in the Kings County Record June 22. A second story,
>> > > > > written
>> > by
>> > > > one
>> > > > > of my reporters, appeared on the same date, which was a report on
>> the
>> > > > > candidates' debate held June 18.
>> > > > >
>> > > > > As I recall David Amos came last of four candidates in the
>> > > > > election.
>> > The
>> > > > > winner got 14,997 votes, while Amos got 358.
>> > > > >
>> > > > > I have attached the two stories that appeared, as well as a photo
>> > taken
>> > > by
>> > > > > reporter Erin Hatfield during the debate. I couldn't find the
>> > > > > photo
>> > that
>> > > > > ran, but this one is very similar.
>> > > > >
>> > > > > Gisele McKnight
>> > > > > editor A1-debate A1-amos,David for MP 24.doc debate
> 2.JPG
>> > > > > Kings County Record
>> > > > > Sussex, New Brunswick
>> > > > > Canada
>> > > > > 506-433-1070
>> > > > >
>> > > >
>> > >
> 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.
>
> The debate was moderated by Leo Melanson of CJCW Radio and was
> organized by the Sussex Valley Jaycees. Candidates wereasked a barrage
> of questions bypanelists Gisele McKnight of the Kings County Record
> and Lisa Spencer of CJCW.
>
> Staying true to party platforms for the most part, candidates
> responded to questions about the gun registry, same sex marriage, the
> exodus of young people from the Maritimes and regulated gas prices.
> Herron and Moore were clear competitors,constantly challenging each
> other on their answers and criticizing eachothers’ party leaders.
> Hanratty flew under the radar, giving short, concise responses to the
> questions while Amos provided some food for thought and a bit of comic
> relief with quirky answers. "I was raised with a gun," Amos said in
> response to the question of thenational gun registry. "Nobody's
> getting mine and I'm not paying 10 cents for it."
>
> Herron, a Progressive Conservative MP turned Liberal, veered from his
> party'splatform with regard to gun control. "It was ill advised but
> well intentioned," Herron said. "No matter what side of the house I am
> on, I'm voting against it." Pat Hanratty agreed there were better
> places for the gun registry dollars to be spent.Recreational hunters
> shouldn't have been penalized by this gun registry," he said.
>
> The gun registry issues provoked the tempers of Herron and Moore. At
> one point Herron got out of his seat and threw a piece of paper in
> front of Moore. "Read that," Herron said to Moore, referring to the
> voting record of Conservative Party leader Steven Harper. According to
> Herron, Harper voted in favour of the registry on the first and second
> readings of the bill in 1995. "He voted against it when it counted, at
> final count," Moore said. "We needa government with courage to
> register sex offenders rather than register the property of law
> abiding citizens."
>
> The crowd was vocal throughout the evening, with white haired men and
> women heckling from the Conservative side. "Shut up John," one woman
> yelled. "How can you talk about selling out?" a man yelled whenHerron
> spoke about his fear that the Conservatives are selling farmers out.
>
> Although the Liberal side was less vocal, Kings East MLA Leroy
> Armstrong weighed in at one point. "You’re out of touch," Armstrong
> yelled to Moore from the crowd when the debate turned to the cost of
> post-secondary education. Later in the evening Amos challenged
> Armstrong to a public debate of their own. "Talk is cheap. Any time,
> anyplace," Armstrong responded.
>
> As the crowd made its way out of the building following the debate,
> candidates worked the room. They shook hands with well-wishers and
> fielded questions from spectators-all part of the decision-making
> process for the June 28 vote.
>
> Cutline – David Amos, independent candidate in Fundy, with some of his
> favourite possessions—motorcycles.
>
> McKnight/KCR
>
> The Unconventional Candidate
>
> David Amos Isn’t Campaigning For Your Vote, But….
>
> By Gisele McKnight
>
> FUNDY—He has a pack of cigarettes in his shirt pocket, a chain on his
> wallet, a beard at least a foot long, 60 motorcycles and a cell phone
> that rings to the tune of "Yankee Doodle."
>
> Meet the latest addition to the Fundy ballot—David Amos.
>
> The independent candidate lives in Milton, Massachusetts with his wife
> and two children, but his place of residence does not stop him from
> running for office in Canada.
>
> One has only to be at least 18, a Canadian citizen and not be in jail
> to meet Elections Canada requirements.
>
> When it came time to launch his political crusade, Amos chose his
> favourite place to do so—Fundy.
>
> Amos, 52, is running for political office because of his
> dissatisfaction with politicians.
>
> "I’ve become aware of much corruption involving our two countries," he
> said. "The only way to fix corruption is in the political forum."
>
> The journey that eventually led Amos to politics began in Sussex in
> 1987. He woke up one morning disillusioned with life and decided he
> needed to change his life.
>
> "I lost my faith in mankind," he said. "People go through that
> sometimes in midlife."
>
> So Amos, who’d lived in Sussex since 1973, closed his Four Corners
> motorcycle shop, paid his bills and hit the road with Annie, his 1952
> Panhead motorcycle.
>
> "Annie and I rode around for awhile (three years, to be exact)
> experiencing the milk of human kindness," he said. "This is how you
> renew your faith in mankind – you help anyone you can, you never ask
> for anything, but you take what they offer."
>
> For those three years, they offered food, a place to sleep, odd jobs
> and conversation all over North America.
>
> Since he and Annie stopped wandering, he has married, fathered a son
> and a daughter and become a house-husband – Mr. Mom, as he calls
> himself.
>
> He also describes himself in far more colourful terms—a motorcyclist
> rather than a biker, a "fun-loving, free-thinking, pig-headed
> individual," a "pissed-off Maritimer" rather than an activist, a proud
> Canadian and a "wild colonial boy."
>
> Ironically, the man who is running for office has never voted in his life.
>
> "But I have no right to criticize unless I offer my name," he said.
> "It’s alright to bitch in the kitchen, but can you walk the walk?"
>
> Amos has no intention of actively campaigning.
>
> "I didn’t appreciate it when they (politicians) pounded on my door
> interrupting my dinner," he said. "If people are interested, they can
> call me. I’m not going to drive my opinions down their throats."
>
> And he has no campaign budget, nor does he want one.
>
> "I won’t take any donations," he said. "Just try to give me some. It’s
> not about money. It goes against what I’m fighting about."
>
> What he’s fighting for is the discussion of issues – tainted blood,
> the exploitation of the Maritimes’ gas and oil reserves and NAFTA, to
> name a few.
>
> "The political issues in the Maritimes involve the three Fs – fishing,
> farming and forestry, but they forget foreign issues," he said. "I’m
> death on NAFTA, the back room deals and free trade. I say chuck it
> (NAFTA) out the window.
>
> NAFTA is the North American Free Trade Agreement which allows an
> easier flow of goods between Canada, the United States and Mexico.
>
> Amos disagrees with the idea that a vote for him is a wasted vote.
>
> "There are no wasted votes," he said. "I want people like me,
> especially young people, to pay attention and exercise their right.
> Don’t necessarily vote for me, but vote."
>
> Although…if you’re going to vote anyway, Amos would be happy to have
> your X by his name.
>
> "I want people to go into that voting booth, see my name, laugh and
> say, ‘what the hell.’"
>
>
>
> ---------- Orignal message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Thu, 18 Mar 2021 10:49:00 -0300
> Subject: Methinks the evil lawyer Howie Cooper made a deal with the
> VERY NASTY FBI dudes in Beantown N'esy Pas Howie Anglin?
> To: hcooper@toddweld.com, washington field
> < washington.field@ic.fbi.gov>, stateofcorruptionnh1
> < stateofcorruptionnh1@gmail.
> < Boston.Mail@ic.fbi.gov>, mdcohen212 <mdcohen212@gmail.com>,
> art.mcdonald@forces.gc.ca, richard.jolette@forces.gc.ca,
> JONATHAN.VANCE@forces.gc.ca, Tammy.Harris@forces.gc.ca,
> Jill.Chisholm@justice.gc.ca, Cedric.Aspirault@forces.gc.ca,
> Derek.Sloan@parl.gc.ca, Hon.ralph.goodale@canada.ca,
> Brenda.Lucki@rcmp-grc.gc.ca, barbara.massey@rcmp-grc.gc.ca,
> clare.barry@justice.gc.ca, michael.mcnair@pmo-cpm.gc.ca,
> David.Akin@globalnews.ca, dale.drummond@rcmp-grc.gc.ca, "blaine.higgs"
> < blaine.higgs@gnb.ca>, fin.minfinance-financemin.fin@
> hon.melanie.joly@canada.ca, Jody.Wilson-Raybould@parl.gc.
> "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>
> Ramesh.Sangha@parl.gc.ca, Marwan.Tabbara@parl.gc.ca,
> Yasmin.Ratansi@parl.gc.ca, Ian.Shugart@pco-bcp.gc.ca, "Bill.Blair"
> < Bill.Blair@parl.gc.ca>, chad@williamson.law,
> steve.phillips@gov.ab.ca, Karen.Thorsrud@gov.ab.ca,
> ministryofjustice@gov.ab.ca, Kaycee.Madu@gov.ab.ca,
> edmontonprosecutions@gov.ab.ca
> howard.anglin@gmail.com, centralpeace.notley@assembly.
> cypress.medicinehat@assembly.
> lacombe.ponoka@assembly.ab.ca, brooks.medicinehat@assembly.
> bonnyville.coldlake.stpaul@
> theangryalbertan@protonmail.
> lboothby@postmedia.com, acps.calgaryprosecutions@gov.
> < premier@gov.ab.ca>, sheilagunnreid <sheilagunnreid@gmail.com>,
> keean.bexte@rebelnews.com, Newsroom <Newsroom@globeandmail.com>, sfine
> < sfine@globeandmail.com>, pm <pm@pm.gc.ca>, news-tips
> < news-tips@nytimes.com>, mcu@justice.gc.ca,
> ombudsman-communications@
> < Katie.Telford@pmo-cpm.gc.ca>
> Cc: David Amos <david.raymond.amos333@gmail.
> etiernan@wickedlocal.com, nesimpson@patriotledger.com,
> jdifazio@patriotledger.com, Nathalie Sturgeon
> < sturgeon.nathalie@
> < steve.murphy@ctv.ca>
>
> https://no-click.mil/?https://
>
> Prosecutors say Joyce’s lawyer lied, should be pulled from trial
>
> By Neal Simpson
> The Patriot Ledger
> Posted Jan 18, 2018 at 12:59 PM
>
> BOSTON - Federal prosecutors have accused an attorney for former state
> Sen. Brian Joyce of lying to state ethics officials and are asking a
> judge to have him pulled from Joyce’s defense team if the former
> legislator’s corruption case goes to trial.
>
> In a motion filed earlier this month, prosecutors said lawyer Howard
> Cooper had made “several material and false representations” to the
> state Ethics Commission on behalf of Joyce, a Milton Democrat who is
> accused of using the influence of his office to collect a series of
> bribes, kickbacks and gifts, including hundreds of pounds of free
> coffee and a Jeep.
>
> Prosecutors say Cooper helped Joyce cover up at least two of his
> schemes and could provide important testimony at trial.
>
> Cooper, a founding partner at Todd & Weld in Boston, was not
> identified by name in the 113-count indictment against Joyce, but
> prosecutors said in their motion filed earlier this month that he was
> the unnamed attorney described in the indictment as sending misleading
> emails and letters to the Ethics Commission on Joyce’s behalf. Cooper
> did not respond to request for comment Wednesday.
>
> In one of those letters, sent in October 2016, prosecutors say Cooper
> falsely told the Ethics Commission that Joyce had directed his
> retirement account to purchase common stock in an energy-insurance
> holding company doing business in Massachusetts.
>
> In fact, prosecutors say, the retirement account was a sham created to
> evade IRS penalties and hide Joyce’s direct investment in the company,
> which stood to benefit from alternative-energy legislation that Joyce
> was championing on Beacon Hill.
>
> Prosecutors say Cooper also sent two misleading emails to the Ethics
> Commission about Joyce’s relationship with a Dunkin’ Donuts franchisee
> who made payments to Joyce and sent him free coffee at the same time
> that the senator was pushing legislation that would help the
> franchisee’s business.
>
> Prosecutors said Joyce received hundreds of pounds of free coffee from
> the franchisee – giving much of it away to constituents or fellow
> state senators – but later tried to claim he paid for the coffee
> deliveries or had received them in exchange for legal services
> provided by his law firm.
>
> In 2015, prosecutors say Cooper emailed the Ethics Commission and told
> them Joyce had purchased the coffee he gave out to fellow senators the
> previous Christmas. In reality, prosecutors say Joyce only paid for
> the coffee only after The Boston Globe reported on the Christmas gifts
> a month later.
>
> Then in 2016, prosecutors say Cooper told the commission in an email
> that an earlier delivery of coffee in 2013 had been made in exchange
> for Joyce’s legal work on related to a Dunkin’ Donuts franchise. But
> prosecutors say Joyce only invented that arrangement in 2015, two
> years after the coffee had already been delivered.
>
> Joyce was released last month on $250,000 bond secured by property he
> owns in Canton. He is due back in court Feb. 23.
>
> Neal Simpson may be reached at nesimpson@ledger.com or follow him on
> Twitter @NSimpson_Ledger.
>
> https://no-click.mil/?https://
>
> Accountant charged with helping ex-Sen. Brian Joyce defraud IRS
> Image: Former Massachusetts State Sen. Brian Joyce is surrounded by
> reporters as he leaves the U.S. Federal Courthouse in Worcester, Mass
> By Erin Tiernan
> The Patriot Ledger
> Posted Jan 29, 2018 at 2:50 PM
>
> Federal prosecutors say John H. Nardozzi helped the former Milton
> Democrat avoid paying almost $800,000 in taxes over a four-year
> period.
>
> WORCESTER — A longtime accountant for former state Sen. Brian Joyce
> has been charged with helping the embattled Milton Democrat prepare
> and file false income tax returns, federal officials said.
>
> John. H. Nardozzi of Waltham is accused of aiding Joyce and his family
> in defrauding the government out of almost $800,000 in taxes over a
> four-year period, according to an indictment unsealed on Monday.
>
> Joyce was charged in a separate federal indictment in December that
> alleges he laundered more than $1 million in kickbacks and bribes
> through his law practice and another private business.
>
> Nardozzi will appear in federal court in Worcester on Monday
> afternoon, charged with one count of conspiring to defraud the IRS and
> eight counts of aiding and assisting in the filing of false tax
> returns, the U.S. Attorney’s Office said.
>
> Prosecutors allege Nardozzi conspired with Joyce to defraud the IRS by
> deducting millions of dollars in personal expenses as legitimate
> business expenses, inflating self-employment income for Joyce and his
> wife by more than $2 million in order to maximize retirement plan
> contributions, falsifying withdrawals from a retirement account and
> falsifying dividends on Joyce’s personal tax returns.
>
> In total, Nardozzi is accused of misclassifying $2,268,520 to reduce
> Joyce’s tax burden, according to prosecutors. Joyce’s law firm should
> have paid out $850,748 in taxes during that period, of which Joyce
> paid just $56,766.
>
> “For tax years 2011 through and including 2014, defendant Nardozzi and
> Joyce knowingly and willfully caused [Brian Joyce’s law firm] to avoid
> paying approximately $793,982 in federal corporate income taxes,” the
> indictment states.
>
> Joyce, who moved to Westport with his family last year following an
> FBI-raid on his law office, faces more than 100 charges ranging from
> racketeering and extortion to money laundering and could place Joyce
> behind bars for up to 20 years.
>
> Then-Acting U.S. Attorney William Weinreb hinted in December at a
> press conference announcing Joyce’s indictment that more arrests were
> likely as the investigation into Joyce’s alleged corruption continued.
>
> “He used his office as a criminal enterprise to make deals with his
> business cronies and in exchange he took bribes, kickbacks ... and
> took steps to conceal his corrupt acts,” Weinreb said at the time
>
> Nardozzi’s indictment indicates that prosecutors believe the certified
> public accountant played a part in that cover up.
>
> Joyce and his wife bought $471,250 in common stock from a Delaware
> energy insurance broker in 2014, $395,125 of which they paid for
> though a series of early withdrawals from their retirement accounts.
> In the Joyce indictment, prosecutors said the retirement account was a
> sham created to evade IRS penalties and hide Joyce’s direct investment
> in the company, which stood to benefit from alternative-energy
> legislation that Joyce pushing on Beacon Hill.
>
> Prosecutors allege Nardozzi, an accountant of 37 years, falsely
> reported it as a tax-exempt retirement account rollover with the
> intent to help the Joyce’s avoid paying taxes to the IRS.
>
> “By reporting the early withdrawal of funds from the Joyce’s
> retirement accounts as a tax-exempt rollover on Joyce’s 2014 personal
> tax return... defendant Nardozzi and Joyce caused Joyce and Joyce’s
> spouse to avoid paying approximately $208,100 in additional income
> taxes and early withdrawal penalties,” the indictment states.
>
> Nardozzi was not named in the original 113-count indictment against
> Joyce. Joyce pleaded not guilty to the charges on Dec. 8 and is
> currently free on a $250,000 bond.
>
> Prosecutors have also fingered Joyce’s laweyr, Howard Cooper as taking
> a role in Joyce’s corruption coverup. A motion filed earlier this
> month asked a federal judge to remove Cooper from Joyce’s defense
> team, accusing him of making “several material and false
> representations” to the state Ethics Commission on behalf of Joyce.
> Cooper has not been indicted, but prosecutors said Cooper helped Joyce
> cover up at least two of his schemes, including the stock purchase,
> and could provide important testimony at trial.
>
> Erin Tiernan may be reached at etiernan@wickedlocal.com. Neal Simpson
> contributed to this report.
>
>
>
>
>
> https://no-click.mil/?https://
>
>
> Prosecutors in Joyce case earn rebuke from legal community
>
> By Neal Simpson
> The Patriot Ledger
> Posted Apr 4, 2018 at 4:47 PM
>
> BOSTON — Federal prosecutors seeking to disqualify an attorney for
> former state Sen. Brian Joyce from his upcoming corruption trial have
> earned a rebuke from dozens of lawyers and several legal organizations
> who accuse them of trying to to broaden their ability to have
> defendants’ lawyers removed.
>
> Prosecutors had argued that attorney Howard M. Cooper, founding
> partner at Todd & Weld in Boston, should be stripped from Joyce’s
> defense team at trial because Cooper has unwittingly helped Joyce
> cover up some of his corrupt activities by submitting false statements
> to the state Ethics Commission, making Cooper a potential witness to
> Joyce’s crimes. But in an amicus brief submitted earlier this week, a
> collection of lawyers and legal organizations argue that such thinking
> would erode defendants’ Sixth Amendment right to their chosen counsel
> and interfere with attorneys’ ability to represent their clients while
> criminal charges are pending.
>
> “Granting the present motion would threaten ethical and effective
> advocacy by counsel in numerous other cases,” the brief reads. “It
> would encourage the government to seek to disqualify counsel more
> frequently in any of the array of circumstances in which defense
> counsel may advocate on a client’s behalf and might present what the
> government may later claim to be inaccurate information.”
>
> The battle over the future of Joyce’s legal representation comes as
> the former Milton Democrat faces a 113-count indictment accusing him
> of turning his Beacon Hill office into a money-making venture where he
> traded legislation and political influence for more than $1 million in
> kickbacks, hundreds of pounds of free coffee and a 2014 Jeep. He was
> arrested on the charges this past December and released on $250,000
> bond.
>
> A little more than a month after Joyce’s arrest, federal prosecutors
> indicated that they would seek to disqualify Cooper from representing
> Joyce at trial and could call him to testify about several statements
> he made to the ethics commission on Joyce’s behalf. Some of those
> statements had addressed the commission’s questions about whether the
> senator had received free Dunkin’ Donuts coffee in exchange for
> pushing favorable legislation, whether he’d filed legislation without
> disclosing that it would benefit a client, and whether he’d appeared
> before a state commission while concealing his financial investment in
> the company.
>
> Prosecutors have not suggested that Cooper was aware that the
> statements were false, but said that Joyce had nonetheless “entangled
> Attorney Cooper in the cover-up.” In a motion filed in late February,
> prosecutors argued that Joyce had used Cooper’s statements to further
> his crimes, making communications between the two exempt from
> attorney-client privilege.
>
> In response, Joyce accused prosecutors of trying to disqualify his
> attorney by making him into a witness even through they hadn’t shown
> any need for Cooper’s testimony. Joyce said he would even stipulate
> that he himself had prepared and reviewed the statements that
> prosecutors say were false.
>
> Joyce, who is a lawyer, also argued Cooper had only submitted the
> statements to defend Joyce against allegations of wrongdoing and had
> not been involved in setting up the corrupt deals Joyce is accused of
> making. Joyce hired Cooper and his firm, Todd & Weld, in March 2015
> after Boston Globe reporters began asking Joyce’s office questions.
>
> Joyce said disqualifying Cooper would violated his Sixth Amendment
> right to choose his legal counsel and force him to find a new attorney
> following the loss of his job, the end of his practice and “the
> exhaustion of his resources.”
>
> “Now the government takes aim at the one attorney who has represented
> him throughout, in whom he reposes the greatest trust and confidence,
> and ask the Court to require him to start over with new counsel he
> does not want and cannot afford,” attorneys for Joyce and Cooper said
> in a motion filed on their behalf. “This would be a cruel, unfair and
> clearly unconstitutional blow.”
>
> The Boston legal community apparently agrees. In a motion filed
> Monday, a group including the Massachusetts Bar Association, the
> Massachusetts Association of Criminal Defense Lawyers, the American
> Civil Liberties Union of Massachusetts and 71 individual attorneys
> argued that the prosecutors’ request had “far-reaching and troubling
> Sixth Amendment implications,” potentially opening the door for
> prosecutors to have defense attorneys removed from a case by claiming
> that they had previously presented inaccurate information on their
> client’s behalf. The Boston Bar Association is seeking to file a
> separate amicus brief.
>
> “We believe the government’s motion threatens the constitutionally
> protected right of a lawyer to present a client’s defense to courts
> and to government agencies,” Jon Albano, president-elect of the Boston
> Bar Association, said in a statement. “A lawyer should not be
> disqualified for presenting a client’s side of a case when there is no
> evidence that the lawyer knew the client was not telling the truth.”
>
>
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Fri, 22 Jun 2018 12:19:51 -0400
> Subject: Methinks one of Trump's many lawyers should call the FBI
> dudes in DC and Beantown ASAP They are far too chicken to talk to me
> or you N'esy Pas Mikey Gill?
> To: sheri.dillon@morganlewis.com, washington field
> < washington.field@ic.fbi.gov>, hcooper <hcooper@toddweld.com>,
> stateofcorruptionnh1 <stateofcorruptionnh1@gmail.
> < Boston.Mail@ic.fbi.gov>, mdcohen212 <mdcohen212@gmail.com>,
> "hon.ralph.goodale" <hon.ralph.goodale@canada.ca>,
> Pierre.Parent@parl.gc.ca, "Gib.vanErt" <Gib.vanErt@scc-csc.ca>
> Cc: David Amos <david.raymond.amos@gmail.com>
> jonathan.albano@morganlewis.
> < Dale.Morgan@rcmp-grc.gc.ca>
>
> Sheri A. Dillon
> 1111 Pennsylvania Ave. NW
> Washington, DC 20004-2541
> United States
> Phone +1.202.739.5749
> sheri.dillon@morganlewis.com
>
>
> ---------- Original message ----------
> From: Premier of Ontario | Première ministre de l’Ontario
> < Premier@ontario.ca>
> Date: Tue, 19 Jun 2018 13:21:16 +0000
> Subject: Automatic reply: The LIEbranos latest Constitutional and
> Legal Adviser Michael Fenrick denied receiving this email but several
> computers did not
> To: David Amos <motomaniac333@gmail.com>
>
> Thank you for your email. Your thoughts, comments and input are greatly
> valued.
>
> You can be assured that all emails and letters are carefully read,
> reviewed and taken into consideration.
>
> There may be occasions when, given the issues you have raised and the
> need to address them effectively, we will forward a copy of your
> correspondence to the appropriate government official. Accordingly, a
> response may take several business days.
>
> Thanks again for your email.
> ______
>
> Merci pour votre courriel. Nous vous sommes très reconnaissants de
> nous avoir fait part de vos idées, commentaires et observations.
>
> Nous tenons à vous assurer que nous lisons attentivement et prenons en
> considération tous les courriels et lettres que nous recevons.
>
> Dans certains cas, nous transmettrons votre message au ministère
> responsable afin que les questions soulevées puissent être traitées de
> la manière la plus efficace possible. En conséquence, plusieurs jours
> ouvrables pourraient s’écouler avant que nous puissions vous répondre.
>
> Merci encore pour votre courriel.
>
>
> ---------- Original message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Tue, 19 Jun 2018 09:21:12 -0400
> Subject: Fwd: The LIEbranos latest Constitutional and Legal Adviser
> Michael Fenrick denied receiving this email but several computers did
> not
> To: jagmeet.singh@ndp.ca, sfeinman <sfeinman@fahrllc.com>, premier
> < premier@ontario.ca>, PREMIER <PREMIER@gov.ns.ca>, premier
> < premier@gov.ab.ca>, premier <premier@gov.pe.ca>, premier
> < premier@gov.sk.ca>, premier <premier@gov.yk.ca>, premier
> < premier@gov.nt.ca>, premier <premier@gov.bc.ca>, "premier.ministre"
> < premier.ministre@cex.gouv.qc.
> Cc: David Amos <david.raymond.amos@gmail.com>
> < doug@fordnation.ca>, "francis.scarpaleggia"
> < francis.scarpaleggia@parl.gc.
>
> ---------- Original message ----------
> From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
> Date: Tue, 19 Jun 2018 12:51:40 +0000
> Subject: RE: The LIEbranos latest Constitutional and Legal Adviser
> Michael Fenrick denied receiving this email but several computers did
> not
> To: David Amos <motomaniac333@gmail.com>
>
> Thank you for writing to the Premier of New Brunswick. Please be
> assured that your email will be reviewed.
>
> If this is a media request, please forward your email to
> media-medias@gnb.ca<mailto:med
>
> ******************************
>
> Nous vous remercions d’avoir communiqué avec le premier ministre du
> Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
>
> Si ceci est une demande médiatique, prière de la transmettre à
> media-medias@gnb.ca<mailto:med
>
>
> ---------- 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:
>
>> 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
>>
>> https://no-click.mil/?http://
>>
>> These are digital recordings of the last three hearings
>>
>> Dec 14th https://no-click.mil/?https://
>>
>> January 11th, 2016
>> https://no-click.mil/?https://
>>
>> April 3rd, 2017
>>
>> https://no-click.mil/?https://
>>
>>
>> This is the docket in the Federal Court of Appeal
>>
>> https://no-click.mil/?http://
>>
>>
>> The only hearing thus far
>>
>> May 24th, 2017
>>
>> https://no-click.mil/?https://
>>
>>
>> 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
>>
>> https://no-click.mil/?http://
>>
>> 83 The Plaintiff states that now that Canada is involved in more war
>> in Iraq again it did not serve Canadian interests and reputation to
>> allow Barry Winters to publish the following words three times over
>> five years after he began his bragging:
>>
>> January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>
>> December 8, 2014
>> Why Canada Stood Tall!
>>
>> Friday, October 3, 2014
>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>> Stupid Justin Trudeau?
>>
>>
>> Vertias Vincit
>> David Raymond Amos
>> 902 800 0369
>> >> P.S. Whereas this CBC article is about your opinion of the actions of
>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>> had my files for many years and the last thing they are is ethical.
>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>
>> Subject:
>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>> To: motomaniac_02186@yahoo.com
>>
>> January 30, 2007
>>
>> WITHOUT PREJUDICE
>>
>> Mr. David Amos
>>
>> Dear Mr. Amos:
>>
>> This will acknowledge receipt of a copy of your e-mail of December 29,
>> 2006 to Corporal Warren McBeath of the RCMP.
>>
>> Because of the nature of the allegations made in your message, I have
>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>> Graham of the RCMP “J” Division in Fredericton.
>>
>> Sincerely,
>>
>> Honourable Michael B. Murphy
>> Minister of Health
>>
>> CM/cb
>>
>>
>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>
>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>> motomaniac_02186@yahoo.com
>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
>> 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
>>
>>
>> https://no-click.mil/?http://
>>
>> https://no-click.mil/?http://
>>
>>
>> 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
>>
>>
>>
>>
>>
>> https://no-click.mil/?http://
>>
>> Integrity commissioner calls for tougher conflict-of-interest law
>> N.B. legislation should apply to apparent conflicts, not just actual
>> ones, Alexandre Deschênes says
>> By Jacques Poitras, CBC News Posted: Jun 12, 2017 6:30 AM AT
>>
>> Alexandre Deschênes's first act as commissioner was to deal with
>> Victor Boudreau's 20 per cent investment in Shediac Campground Ltd., a
>> proposed 700-site facility that has generated local opposition.
>> (Jacques Poitras/CBC)
>>
>> New Brunswick's integrity commissioner says the conflict-of-interest
>> law for politicians should be toughened to clarify cases such as
>> cabinet minister Victor Boudreau's former investment in a proposed
>> campground near Parlee Beach.
>>
>> Alexandre Deschênes said earlier this year that Boudreau's stake in
>> the project did not put him in a conflict of interest but that the
>> appearance of a conflict was "inevitable."
>>
>> Unlike other conflict-of-interest laws, "our act does not apply to an
>> apparent conflict of interest," he said in an interview with CBC News.
>> "It's not in there."
>>
>> Previous commissioners suggested law
>>
>> Boudreau recused himself from Parlee Beach issues anyway, even though
>> he didn't technically have to. The law said ministers aren't in a
>> conflict if decisions that affect their private interests also apply
>> to the general public.
>>
>> Boudreau recuses himself from Parlee Beach controversy
>> Victor Boudreau case shows 'huge loophole' in conflict law, ethics
>> group says
>>
>> "Mr. Boudreau could have gone on and said, 'I'm the minister of health
>> and I'm going to make decisions that apply to the general public and
>> the act allows it,'" Deschênes said.
>>
>> "If you'd had the words 'apparent conflict of interest' [in the law]
>> it would have been clear."
>>
>> Deschênes pointed out two of his predecessors as conflict-of-interest
>> commissioner, Pat Ryan and Stuart Stratton, recommended expanding the
>> act to include the appearance of conflicts.
>>
>> "It started out way back," he said. "We're looking at almost a decade
>> here where the suggestion has been made that apparent conflict of
>> interest ought to be included in the act. It's not been done.
>>
>> "But as a commissioner, I will be following what they've been doing
>> and I will be recommending it when I file a report."
>>
>> Updated conflict act
>>
>> The Gallant Liberals passed amendments to update the Members Conflict
>> of Interest Act during the spring session of the legislature, but they
>> did not include a ban on perceived conflicts.
>>
>> Progressive Conservative MLA Brian MacDonald has also called for the
>> Liberals to fix what he calls "a gap in the law."
>>
>> 'Gap in the law': PC critic suggests review of conflict law
>> Premier backs Victor Boudreau's involvement in Parlee Beach issue
>>
>> Deschênes was appointed the province's integrity commissioner last
>> year. The new role incorporates the role of conflict-of-interest
>> watchdog and registrar of lobbyists, and in September it will also
>> include the Right to Information and Protection of Privacy Act.
>>
>> Victor
>>
>> Cabinet minister Victor Boudreau recused himself from the Parlee Beach
>> issues anyway, even though the law said ministers aren't in a conflict
>> if decisions that affect their private interests also apply to the
>> general public. (CBC)
>>
>> Deschênes's first act as commissioner was to deal with Boudreau's 20
>> per cent investment in Shediac Campground Ltd., a proposed 700-site
>> facility that has generated local opposition.
>>
>> As health minister, Boudreau oversees the public health offices, and
>> his department was part of a working group looking at how to deal with
>> fecal contamination at Parlee Beach. One option the group looked at
>> was a moratorium on new development near the beach.
>>
>> That would have affected the proposed campground.
>>
>> 'I told him, and he made it public, that the appearance of
>> conflict in this case was absolutely inevitable. He couldn't get
>> around it. It was there.'
>>
>> - Alexandre Deschênes
>>
>> The law bans ministers from making decisions that affect their
>> "private interest," but it makes an exception if the decision applies
>> to the broader public, even if the minister would still benefit.
>>
>> Deschênes said in his letter to Boudreau in March that "one could
>> argue" a decision on a moratorium would affect the broader public.
>>
>> "Under the act, he might have been entitled to continue to have
>> discussions that applied to the general population, even though he was
>> part of [the project] at that point," Deschênes said in an interview
>> last week.
>>
>> "I told him, and he made it public, that the appearance of conflict in
>> this case was absolutely inevitable. He couldn't get around it. It was
>> there."
>> An MP's perceived conflict matters
>>
>> The federal conflict of interest code for MPs also includes an
>> exception for decisions that affect the general public, but it
>> includes an explicit reference to perceived conflicts.
>>
>> Boudreau put his investment in a blind trust in 2014, which meant he
>> had no role in the running of the business. But the value of his stake
>> would have been affected by a moratorium on future development.
>>
>> Parlee beach
>>
>> In May, Victor Boudreau announced he was giving up his investment in
>> the campground on Parlee Beach altogether.
>>
>> He said in March he learned of the potential moratorium Feb. 28 and
>> met with Deschênes March 2, the first date they could arrange it.
>>
>> "That perception is the issue," Boudreau said at the time. "And if the
>> perception is the issue, and the perception is what's going to be
>> prevent us from getting to the bottom of it, then I'm prepared to
>> recuse myself from all activities relating to this committee."
>>
>> Last month he announced that he was giving up his investment in the
>> campground altogether.
>>
>> Deschênes said he believes most ministers and MLAs would do the same
>> thing if he told them there was an apparent, but not actual, conflict.
>>
>> "In most cases I think they will listen and they will do what has to
>> be done to put an end to an apparent conflict of interest, although
>> technically they could continue to do what they want to do."
>>
>>
>>
>> 6 Comments
>>
>> David Raymond Amos
>>
>> I sure hope the new integrity commissioner finally does his job and
>> answers me in writing
>>
>>
>>
>> Alexandre Deschênes, Q.C.,
>> Office of the Integrity Commissioner
>> Edgecombe House, 736 King Street
>> Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax: 506-444-5224
>> e-mail:coi@gnb.ca
>>
>> Hon. Alexandre Deschênes, Q.C.
>> Integrity Commissioner
>>
>> Hon. Alexandre Deschênes, Q.C., who resides in Bathurst, N.B., is a
>> native of Kedgwick, N.B., and is married to Huguette (Savoie)
>> Deschênes. They have two sons.
>>
>> He studied at Saint-Joseph University (now Université de Moncton) from
>> 1960 to 1962, University of Ottawa from 1962-1965 (B.A.), and
>> University of New Brunswick (LL.B., 1968). He was admitted to the Law
>> Society of New Brunswick in 1968. He was legal counsel to the
>> Department of Justice in Fredericton from 1968 to 1971. He was in
>> private practice from 1972 to 1982 and specialized in civil litigation
>> as a partner in the law firm of Michaud, Leblanc, Robichaud, and
>> Deschênes. While residing in Shediac, N.B., he served on town council
>> and became the first president of the South East Economic Commission.
>> He is a past president of the Richelieu Club in Shediac.
>>
>> In 1982, he was appointed a judge of the Court of Queen’s Bench of New
>> Brunswick and of the Court of Appeal of New Brunswick in 2000.
>>
>> On July 30, 2009, he was appointed to the Court Martial Appeal Court of
>> Canada.
>>
>> While on the Court of Appeal of New Brunswick, he was appointed
>> President of the provincial Judicial Council and in 2012 Chairperson
>> of the Federal Electoral Boundaries Commission for the Province of New
>> Brunswick for the 2015 federal election.
>>
>> He was appointed Conflict of Interest Commissioner in December 2016
>> and became New Brunswick’s first Integrity Commissioner on December
>> 16, 2016 with responsibilities for conflict of interest issues related
>> to Members of the Legislative Assembly. As of April 1, 2017 he
>> supervises lobbyists of public office holders under the Lobbyists’
>> Registration Act.
>>
>> As of September 1, 2017, he will be assuming the functions presently
>> held by the Access to Information and Privacy Commissioner.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Thu, 6 Dec 2012 16:22:25 -0400
>> Subject: Thank you for your signature Frenchy
>> To: Andre Murray <andremurraynow@gmail.com>, "marie-claude.blais"
>> < marie-claude.blais@gnb.ca>, sallybrooks25 <sallybrooks25@yahoo.ca>,
>> evelyngreene <evelyngreene@live.ca>, law <law@stevenfoulds.ca>,
>> "danny.copp" <danny.copp@fredericton.ca>, nbpc <nbpc@gnb.ca>, nbombud
>> < nbombud@gnb.ca>, coi <coi@gnb.ca>, "Wayne.Lang"
>> < Wayne.Lang@rcmp-grc.gc.ca>
>> Cc: "dan. bussieres" <dan.bussieres@gnb.ca>, oldmaison
>> < oldmaison@yahoo.com>, andre <andre@jafaust.com>
>>
>> From: "Bussières, Dan (LEG)" <Dan.Bussieres@gnb.ca>
>> Date: Thu, 6 Dec 2012 15:47:49 -0400
>> Subject: RE: I just called all three of your offices
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Oui je vois
>>
>>
>>
>> On 12/6/12, David Amos <motomaniac333@gmail.com> wrote:
>>> I don't take orders well ask the corrupt ex cop Bussieres why that is
>>>
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Mon, 12 Dec 2016 13:46:11 -0400
>> Subject: Attn premier Brian Gallant and Kirk MacDonald I just called
>> your friends in the Law Society of New Brunswick for the last time
>> From now on we argue before the courts
>> To: george.filliter@gmail.com, lcmarcou@mccain.ca,
>> cmichaud@coxandpalmer.com, tross@judicom.ca, coi@gnb.ca,
>> m.pelletier@nb.aibn.com, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
>> nbpc <nbpc@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
>> "bruce.northrup" <bruce.northrup@gnb.ca>, "brian.keirstead"
>> < brian.keirstead@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
>> "Davidc.Coon" <Davidc.Coon@gmail.com>, "David.Coon"
>> < David.Coon@gnb.ca>, "david.eidt" <david.eidt@gnb.ca>, "jan.jensen"
>> < jan.jensen@justice.gc.ca>, "bill.pentney"
>> < bill.pentney@justice.gc.ca>, mcu <mcu@justice.gc.ca>, postur
>> < postur@for.is>, postur <postur@irr.is>, birgittaj
>> < birgittaj@althingi.is>
>> Cc: David Amos <david.raymond.amos@gmail.com>, "kirk.macdonald"
>> < kirk.macdonald@gnb.ca>, briangallant10 <briangallant10@gmail.com>,
>> "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, premier <premier@gnb.ca>
>>
>> Methinks if Kik MacDonald were truly wise he would make another speech
>> before Xmass but this time he should tell the awful truth instead of
>> just making fun of our trubles with LIEBRANOS N'esy Pas Davey Baby
>> Coon?
>>
>> Trust that watching this politite nonsense is truly offensive to any
>> Maritmer with two clues between their ears.
>>
>> https://no-click.mil/?http://
>>
>> Conflict of Interest Commissioner
>> Edgecombe House, 736 King Street
>> Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax: 506-444-5224
>> e-mail:coi@gnb.ca
>>
>> Michèle Pelletier
>> Arseneault & Pelletier
>> 568A Ave. des Pionniers
>> Balmoral, New Brunswick E8E 1E3
>> Phone: 506-826-1819
>> Fax: 506-826-1817
>> Email: m.pelletier@nb.aibn.com
>>
>> KIM POFFENROTH
>> Assistant Deputy Attorney General
>> Legislative Services (Branch)
>> Office of the Attorney General
>> Phone : (506) 453-2855
>> Fax : (506) 457-7342
>> Email : Kim.POFFENROTH@gnb.ca
>>
>>
>>
>> https://no-click.mil/?http://
>>
>> The Gallant government has introduced legislation to merge several
>> legislative watchdog positions into a single job and has chosen a
>> retired judge to take on the newly expanded role.
>>
>> Alexandre Deschênes
>>
>> Alexandre Deschênes, a retired New Brunswick Court of Appeal justice,
>> is to be the first integrity commissioner in New Brunswick.
>>
>> Retired New Brunswick Court of Appeal justice Alexandre Deschênes will
>> become the province's first integrity commissioner, an appointment
>> supported by the opposition Progressive Conservatives and Green Party
>> Leader David Coon.
>>
>> Premier Brian Gallant introduced a bill Wednesday to create the position.
>>
>> For now, Deschênes fills the vacant position of conflict-of-interest
>> commissioner and will also oversee legislation governing the privacy
>> of personal health records.
>>
>> Next July, Deschênes will add responsibility for the lobbyist registry
>> to his duties.
>>
>> The Liberals say they will proclaim legislation to set up the registry
>> by next July. The law was passed by the previous PC government in 2014
>> but not enacted.
>>
>> Conflict of interest commissioner, MLAs have conflicting views on
>> transparency
>> Commissioner wants mandatory privacy breach reporting
>> N.B. legislature will study cutting independent watchdogs
>>
>> And next September, after Anne Bertrand, the information and privacy
>> commissioner, finishes her seven-year term, that job will become part
>> of Deschênes's job as integrity commissioner.
>>
>> An independent study, done as part of the government's program
>> review, recommended the merging of the legislative officer positions.
>>
>> All parties in the legislature agreed on two other appointments
>> Wednesday: lawyer Michèle Pelletier as consumer advocate for insurance
>> and assistant deputy attorney general Kim Poffenroth as chief
>> electoral officer.J
>>
>>
>> https://no-click.mil/?http://
>>
>> At its Annual General Meeting on Saturday, June 25th, 2016, the Law
>> Society of New Brunswick elected its new Executive for the 2016-2017
>> term:
>>
>> New Executive
>>
>> George P. Filliter, Q.C.
>> President
>> 68 Avonlea Court
>> Fredericton, NB E3C 1N8
>> Tel: (506) 454-7678
>> Fax: (506) 454-6983
>> george.filliter@gmail.com
>>
>> Luc Marcoux, Q.C.
>> Vice-President
>> McCain Foods Limited
>> 8800 Main Street
>> Florenceville-Bristol, NB E7L 1B2
>> Tel: (506) 375-5353
>> Fax: (506) 375-5058
>> lcmarcou@mccain.ca
>>
>> Christian E. Michaud, Q.C.
>> Treasurer
>> Cox & Palmer
>> Blue Cross Center
>> 644 Main Street, Suite 500
>> Moncton, NB E1C 1E2
>> Tel: (506) 863-1131
>> Fax: (506) 856-8150
>> cmichaud@coxandpalmer.com
>>
>>
>> Law Society of New Brunswick
>> 68 Avonlea Court
>> Fredericton, New Brunswick
>> E3C 1N8
>> (506) 458-8540
>> (506) 451-1421
>>
>> general@lawsociety-barreau.nb.
>>
>> https://no-click.mil/?http://
>>
>> October 24, 2016
>>
>> Eleven New Brunswick lawyers were appointed Queen’s Counsel by the
>> Lieutenant-Governor of New Brunswick, the Honourable Jocelyne Roy
>> Vienneau, on Monday, October 24, 2016, at the Legislative Assembly in
>> Fredericton.
>>
>> Christa Bourque, Q.C., of Moncton
>> Krista Lynn Colford, Q.C., of Fredericton
>> The Honourable Alexandre Deschênes, Q.C., of Bathurst
>> Edward L. Derrah, Q.C., of Fredericton
>> Shannon Doran, Q.C., of Fredericton
>> Nathalie L. Godbout, Q.C., of Saint John
>> Stephen J. Hutchison, Q.C., of Saint John
>> The Honourable Dominic A. J. LeBlanc, Q.C., of Shediac
>> Luc Marcoux, Q.C., of Florenceville-Bristol
>> D. Andrew Rouse, Q.C., of Fredericton
>> John R. Williamson, Q.C., of Fredericton
>>
>> The distinction of Queen’s Counsel is conferred upon experienced
>> lawyers in recognition of their commitment to the principles of the
>> legal profession and contributions to their communities. Eligible
>> lawyers include those who have been members of the Law Society of New
>> Brunswick and have been engaged in the active practice of law in the
>> province for at least 15 years with extensive experience before the
>> courts or have demonstrated exceptional service to the profession.
>>
>> In the fall of this year, a committee consisting of the Chief Justice
>> of New Brunswick, J. Ernest Drapeau, the Attorney General of New
>> Brunswick and the President of the Law Society of New Brunswick, will
>> consider candidates for the next Queen’s Counsel appointments.
>>
>> The distinction of Queen’s Counsel is conferred upon experienced
>> lawyers in recognition of their commitment to the principles of the
>> legal profession and contributions to their communities. The criteria
>> for these appointments are:
>>
>> A regular member of the Law Society of New Brunswick who:
>>
>> a) has been engaged in the active practice of law in the Province of
>> New Brunswick for at least fifteen years, with extensive experience
>> before the courts;
>>
>> b) in the opinion of the Committee, merits the appointment by reason
>> of exceptional service to the legal profession.
>>
>> It should be noted that past practice indicates that Queen’s Counsel
>> appointments typically have more than seventeen years at the Bar.
>>
>> The Law Society encourages members to forward a letter and a resume in
>> order to be considered as a candidate for a Queen’s Counsel
>> appointment. Persons may either apply personally or may nominate a
>> member of the Law Society. All applicants will be treated equally by
>> the Committee whether they are nominated, or whether they apply
>> personally.
>>
>> In your letter, you may wish to identify two individuals, either
>> within or outside the Law Society who might provide additional
>> information to assist the Committee in considering this matter. If
>> letters of reference are provided, they may be identified for this
>> purpose.
>>
>> Your application or nomination should be received by Chief Justice J.
>> Ernest Drapeau no later than Friday, June 24, 2016, at 4:00 p.m.
>>
>> It may be sent via email to tross@judicom.ca or sent/delivered to:
>>
>> Committee on Queen’s Counsel Appointments
>> c/o The Hon. Chief Justice J. Ernest Drapeau
>> Court of Appeal of New Brunswick
>> Justice Building
>> 427 Queen Street, Room 311
>> Fredericton, NB E3B 1B7
>>
>>
>> https://no-click.mil/?http://
>>
>>
>> Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
>> Kirk MacDonald says Liberals drafted bill to help put Jolène Richard
>> and André Richard on court
>>
>> By Jacques Poitras, CBC News Posted: Nov 24, 2016 6:03 PM AT
>>
>> A Progressive Conservative MLA has taken the unusual step of naming
>> names — including that of a sitting provincial court judge — in his
>> attack on a proposed law on how Court of Queen's Bench judges are
>> transferred.
>>
>> Kirk MacDonald told the legislature last week that he believes the
>> government bill was drafted to help the spouse and the brother-in-law
>> of federal Liberal MP Dominic LeBlanc, a close ally of Premier Brian
>> Gallant.
>> nb-andre-richard-jolene-richard
>>
>> A Progressive Conservative MLA believes the Liberal government's
>> judge-moving bill was drafted to help have André Richard and Jolène
>> Richard appointed to the Court of Queen's Bench. (CBC)
>>
>> "I will give you two names. I will give you Jolène Richard and André
>> Richard, two people I believe are looking for judicial appointments
>> here in New Brunswick," MacDonald said during second-reading debate on
>> the bill.
>>
>> In fact, Jolène Richard is already a provincial court judge. André
>> Richard is her brother and a senior lawyer at Stewart McKelvey.
>>
>> Province names new judge, wife of MP Dominic LeBlanc
>>
>> "Dominic LeBlanc has some judges that he wants to appoint in New
>> Brunswick, and the framework as it currently exists does not allow for
>> that to happen," MacDonald said.
>>
>> André Richard stated Thursday he "had no involvement in the
>> government's decision to propose changes to the Judicature Act."
>>
>> "As you know, my sister is already a judge who sits in Moncton. I fail
>> to understand why our names are being brought into this debate."
>> Bill gives veto to minister
>>
>> The Liberal bill would amend the Judicature Act, which governs how
>> courts operate, to give the justice minister a veto over Chief Justice
>> David Smith of the Court of Queen's Bench transferring judges from one
>> court to another.
>> nb-chief-justice-david-smith
>>
>> Court of Queen's Bench Chief Justice David Smith has transferred 13
>> judges since becoming chief justice in 1998. (Acadia University)
>>
>> PC MLAs have hinted in the past about who they believe the bill was
>> designed to help. But until now, no one was willing to name them.
>>
>> It's rare for politicians to draw sitting judges into partisan
>> debates, and the veteran Tory MLA did not offer any evidence to back
>> up his allegations. He turned down a request to explain his views in
>> an interview.
>> Parliamentary privilege
>>
>> Parliamentary privilege protects members of the legislature from being
>> sued for defamation or held in contempt of court for comments they
>> make during proceedings. No such protection exists for things they say
>> outside the legislature.
>>
>> Provincial court judges such as Richard are appointed by the province,
>> but Court of Queen's Bench justices are named by Ottawa. Both courts
>> are administered by the province, but the current law gives Smith the
>> power to move judges on his court on his own.
>>
>> Smith has argued the bill would threaten the independence of the
>> courts, which could make it unconstitutional.
>> Bill brought back
>>
>> The Liberals introduced the bill during the last session, but it
>> didn't pass before the session ended. They brought it back last week.
>>
>> Justice Minister Denis Landry said last week the bill was designed to
>> bring "best practices" to court administration and end the pattern of
>> justices being named to smaller courthouses and then being transferred
>> soon after.
>>
>> Judge-moving legislation introduced again
>> 2 chief justices appear at odds over judge-moving bill
>> 7 things list reveals about controversial judge-moving bill
>>
>> "This is what we want to correct," he said. "If we name a judge, they
>> should reside there, for a long period of time, not just two or three
>> months then move them where they want to go."
>>
>> Asked whether he'd veto such a transfer, Landry said, "This is what we'll
>> see."
>>
>> Landry's department said Thursday it would not comment on MacDonald's
>> accusation.
>> Larger locations favoured
>>
>> MacDonald said during last week's debate that it's true Court of
>> Queen's Bench justices are often appointed to smaller locations and
>> are then moved to one of the three largest cities.
>> Dominic LeBlanc
>>
>> Federal Fisheries Minister Dominic LeBlanc is a close ally of New
>> Brunswick Premier Brian Gallant. (CBC)
>>
>> He said that court postings in Moncton, Fredericton, and Saint John
>> are "The positions that everyone seems to want."
>>
>> And he said the current system for moving judges, "which is controlled
>> by the chief justice, does not work for Dominic LeBlanc and the
>> Liberal Party of New Brunswick," MacDonald said.
>>
>> Upside to judge-moving bill touted by ex-constitutional lawyer
>> Gallant government's judge-moving bill questioned by legal expert
>>
>> "They want to change it. They want to have a situation where they have
>> a mechanism to control that decision and to effect change on that
>> decision."
>>
>> In June, Smith transferred Justice Tracey DeWare from Woodstock to
>> Moncton and Justice Richard Petrie from Saint John to Woodstock.
>>
>> DeWare was moved to fill a vacancy after Justice Brigitte Robichaud
>> switched to supernumerary, or part-time, status.
>>
>> Jolène Richard did not respond to interview requests.
>>
>> ---------- Original message ----------
>> From: Póstur FOR <postur@for.is>
>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>> Subject: Re: Hey Premier Gallant please inform the questionable
>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>> Not" province at least we have twice the population of Iceland and
>> that not all of us are as dumb as she and her Prime Minister pretends
>> to be..
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> Erindi þitt hefur verið móttekið / Your request has been received
>>
>> Kveðja / Best regards
>> Forsætisráðuneytið / Prime Minister's Office
>>
>>
>> ---------- Original message ----------
>> From: Póstur IRR <postur@irr.is>
>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>> Subject: Re: Hey Premier Gallant please inform the questionable
>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>> Not" province at least we have twice the population of Iceland and
>> that not all of us are as dumb as she and her Prime Minister pretends
>> to be..
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> Erindi þitt hefur verið móttekið. / Your request has been received.
>>
>> Kveðja / Best regards
>> Innanríkisráðuneytið / Ministry of the Interior
>>
>>
>> ---------- Forwarded message ----------
>> From: Póstur FOR <postur@for.is>
>> Date: Mon, 4 Apr 2016 21:43:50 +0000
>> Subject: Re: After crossing paths with them bigtime in 2004 Davey Baby
>> Coon and his many Green Meanie and Fake Left cohorts know why I won't
>> hold my breath waiting for them to act with any semblance of integrity
>> now N'esy Pas Chucky Leblanc??
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> Erindi þitt hefur verið móttekið / Your request has been received
>>
>> Kveðja / Best regards
>> Forsætisráðuneytið / Prime Minister's Office
>>
>>
>> This is the docket
>>
>> https://no-click.mil/?http://
>>
>> These are digital recordings of the last two hearings
>>
>> Dec 14th https://no-click.mil/?https://
>>
>> Jan 11th https://no-click.mil/?https://
>>
>> This me running for a seat in Parliament again while CBC denies it again
>>
>> Fundy Royal, New Brunswick Debate – Federal Elections 2015 - The Local
>> Campaign, Rogers TV
>>
>> https://no-click.mil/?https://
>>
>> https://no-click.mil/?http://
>>
>> Veritas Vincit
>> David Raymond Amos
>> 902 800 0369
>>
>> FYI This is the text of the lawsuit that should interest Trudeau the most
>>
>>
>> https://no-click.mil/?http://
>>
>> 83 The Plaintiff states that now that Canada is involved in more war
>> in Iraq again it did not serve Canadian interests and reputation to
>> allow Barry Winters to publish the following words three times over
>> five years after he began his bragging:
>>
>> January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>
>> December 8, 2014
>> Why Canada Stood Tall!
>>
>> Friday, October 3, 2014
>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>> Stupid Justin Trudeau
>>
>> Canada’s and Canadians free ride is over. Canada can no longer hide
>> behind Amerka’s and NATO’s skirts.
>>
>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>> actually committed the Canadian Army to deploy in the second campaign
>> in Iraq, the Coalition of the Willing. This was against or contrary to
>> the wisdom or advice of those of us Canadian officers that were
>> involved in the initial planning phases of that operation. There were
>> significant concern in our planning cell, and NDHQ about of the dearth
>> of concern for operational guidance, direction, and forces for
>> operations after the initial occupation of Iraq. At the “last minute”
>> Prime Minister Chretien and the Liberal government changed its mind.
>> The Canadian government told our amerkan cousins that we would not
>> deploy combat troops for the Iraq campaign, but would deploy a
>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>> incompetence and stupidity, the Canadian Army was heroic,
>> professional, punched well above it’s weight, and the PPCLI Battle
>> Group, is credited with “saving Afghanistan” during the Panjway
>> campaign of 2006.
>>
>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>> Liberal Prime Minister Jean Chretien committed, and deployed the
>> Canadian army to Canada’s longest “war” without the advice, consent,
>> support, or vote of the Canadian Parliament.
>>
>> What David Amos and the rest of the ignorant, uneducated, and babbling
>> chattering classes are too addled to understand is the deployment of
>> less than 75 special operations troops, and what is known by planners
>> as a “six pac cell” of fighter aircraft is NOT the same as a
>> deployment of a Battle Group, nor a “war” make.
>>
>> The Canadian Government or The Crown unlike our amerkan cousins have
>> the “constitutional authority” to commit the Canadian nation to war.
>> That has been recently clearly articulated to the Canadian public by
>> constitutional scholar Phillippe Legasse. What Parliament can do is
>> remove “confidence” in The Crown’s Government in a “vote of
>> non-confidence.” That could not happen to the Chretien Government
>> regarding deployment to Afghanistan, and it won’t happen in this
>> instance with the conservative majority in The Commons regarding a
>> limited Canadian deployment to the Middle East.
>>
>> President George Bush was quite correct after 911 and the terror
>> attacks in New York; that the Taliban “occupied” and “failed state”
>> Afghanistan was the source of logistical support, command and control,
>> and training for the Al Quaeda war of terror against the world. The
>> initial defeat, and removal from control of Afghanistan was vital and
>> essential for the security and tranquility of the developed world. An
>> ISIS “caliphate,” in the Middle East, no matter how small, is a clear
>> and present danger to the entire world. This “occupied state,”
>> or“failed state” will prosecute an unending Islamic inspired war of
>> terror against not only the “western world,” but Arab states
>> “moderate” or not, as well. The security, safety, and tranquility of
>> Canada and Canadians are just at risk now with the emergence of an
>> ISIS“caliphate” no matter how large or small, as it was with the
>> Taliban and Al Quaeda “marriage” in Afghanistan.
>>
>> One of the everlasting “legacies” of the “Trudeau the Elder’s dynasty
>> was Canada and successive Liberal governments cowering behind the
>> amerkan’s nuclear and conventional military shield, at the same time
>> denigrating, insulting them, opposing them, and at the same time
>> self-aggrandizing ourselves as “peace keepers,” and progenitors of
>> “world peace.” Canada failed. The United States of Amerka, NATO, the
>> G7 and or G20 will no longer permit that sort of sanctimonious
>> behavior from Canada or its government any longer. And Prime Minister
>> Stephen Harper, Foreign Minister John Baird , and Cabinet are fully
>> cognizant of that reality. Even if some editorial boards, and pundits
>> are not.
>>
>> Justin, Trudeau “the younger” is reprising the time “honoured” liberal
>> mantra, and tradition of expecting the amerkans or the rest of the
>> world to do “the heavy lifting.” Justin Trudeau and his “butt buddy”
>> David Amos are telling Canadians that we can guarantee our security
>> and safety by expecting other nations to fight for us. That Canada can
>> and should attempt to guarantee Canadians safety by providing
>> “humanitarian aid” somewhere, and call a sitting US president a “war
>> criminal.” This morning Australia announced they too, were sending
>> tactical aircraft to eliminate the menace of an ISIS “caliphate.”
>>
>> In one sense Prime Minister Harper is every bit the scoundrel Trudeau
>> “the elder” and Jean ‘the crook” Chretien was. Just As Trudeau, and
>> successive Liberal governments delighted in diminishing,
>> marginalizing, under funding Canadian Forces, and sending Canadian
>> military men and women to die with inadequate kit and modern
>> equipment; so too is Prime Minister Stephen Harper. Canada’s F-18s are
>> antiquated, poorly equipped, and ought to have been replaced five
>> years ago. But alas, there won’t be single RCAF fighter jock that
>> won’t go, or won’t want to go, to make Canada safe or safer.
>>
>> My Grandfather served this country. My father served this country. My
>> Uncle served this country. And I have served this country. Justin
>> Trudeau has not served Canada in any way. Thomas Mulcair has not
>> served this country in any way. Liberals and so called social
>> democrats haven’t served this country in any way. David Amos, and
>> other drooling fools have not served this great nation in any way. Yet
>> these fools are more than prepared to ensure their, our safety to
>> other nations, and then criticize them for doing so.
>>
>> Canada must again, now, “do our bit” to guarantee our own security,
>> and tranquility, but also that of the world. Canada has never before
>> shirked its responsibility to its citizens and that of the world.
>>
>> Prime Minister Harper will not permit this country to do so now
>>
>> From: dnd_mdn@forces.gc.ca
>> Date: Fri, 27 May 2011 14:17:17 -0400
>> Subject: RE: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and
>> the War in Iraq (I just called SOCOM and let them know I was still
>> alive
>> To: david.raymond.amos@gmail.com
>>
>> This is to confirm that the Minister of National Defence has received
>> your email and it will be reviewed in due course. Please do not reply
>> to this message: it is an automatic acknowledgement.
>>
>>
>> ---------- Original message ----------
>> From: David Amos <david.raymond.amos@gmail.com>
>> Date: Fri, 27 May 2011 13:55:30 -0300
>> Subject: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and the
>> War in Iraq (I just called SOCOM and let them know I was still alive
>> To: DECPR@forces.gc.ca, Public.Affairs@socom.mil,
>> Raymonde.Cleroux@mpcc-cppm.gc.
>> william.elliott@rcmp-grc.gc.ca, stoffp1 <stoffp1@parl.gc.ca>,
>> dnd_mdn@forces.gc.ca, media@drdc-rddc.gc.ca, information@forces.gc.ca,
>> milner@unb.ca, charters@unb.ca, lwindsor@unb.ca,
>> sarah.weir@mpcc-cppm.gc.ca, birgir <birgir@althingi.is>, smari
>> < smari@immi.is>, greg.weston@cbc.ca, pm <pm@pm.gc.ca>,
>> susan@blueskystrategygroup.com, Don@blueskystrategygroup.com,
>> eugene@blueskystrategygroup.
>> Cc: "Edith. Cody-Rice" <Edith.Cody-Rice@cbc.ca>, "terry.seguin"
>> < terry.seguin@cbc.ca>, acampbell <acampbell@ctv.ca>, whistleblower
>> < whistleblower@ctv.ca>
>>
>> I talked to Don Newman earlier this week before the beancounters David
>> Dodge and Don Drummond now of Queen's gave their spin about Canada's
>> Health Care system yesterday and Sheila Fraser yapped on and on on
>> CAPAC during her last days in office as if she were oh so ethical.. To
>> be fair to him I just called Greg Weston (613-288-6938) I suggested
>> that he should at least Google SOUCOM and David Amos It would be wise
>> if he check ALL of CBC's sources before he publishes something else
>> about the DND EH Don Newman? Lets just say that the fact that your
>> old CBC buddy, Tony Burman is now in charge of Al Jazeera English
>> never impressed me. The fact that he set up a Canadian office is
>> interesting though
>>
>> https://no-click.mil/?http://
>>
>> https://no-click.mil/?http://
>>
>> Anyone can call me back and stress test my integrity after they read
>> this simple pdf file. BTW what you Blue Sky dudes pubished about
>> Potash Corp and BHP is truly funny. Perhaps Stevey Boy Harper or Brad
>> Wall will fill ya in if you are to shy to call mean old me.
>>
>> https://no-click.mil/?http://
>>
>> The Governor General, the PMO and the PCO offices know that I am not a
>> shy political animal
>>
>> Veritas Vincit
>> David Raymond Amos
>> 902 800 0369
>>
>> Enjoy Mr Weston
>> https://no-click.mil/?http://
>>
>> "But Lang, defence minister McCallum's chief of staff, says military
>> brass were not entirely forthcoming on the issue. For instance, he
>> says, even McCallum initially didn't know those soldiers were helping
>> to plan the invasion of Iraq up to the highest levels of command,
>> including a Canadian general.
>>
>> That general is Walt Natynczyk, now Canada's chief of defence staff,
>> who eight months after the invasion became deputy commander of 35,000
>> U.S. soldiers and other allied forces in Iraq. Lang says Natynczyk was
>> also part of the team of mainly senior U.S. military brass that helped
>> prepare for the invasion from a mobile command in Kuwait."
>>
>> https://no-click.mil/?http://
>>
>> "I remember years ago when the debate was on in Canada, about there
>> being weapons of mass destruction in Iraq. Our American 'friends"
>> demanded that Canada join into "the Coalition of the Willing. American
>> "veterans" and sportscasters loudly denounced Canada for NOT buying
>> into the US policy.
>>
>> At the time I was serving as a planner at NDHQ and with 24 other of my
>> colleagues we went to Tampa SOUCOM HQ to be involved in the planning
>> in the planning stages of the op....and to report to NDHQ, that would
>> report to the PMO upon the merits of the proposed operation. There was
>> never at anytime an existing target list of verified sites where there
>> were deployed WMD.
>>
>> Coalition assets were more than sufficient for the initial strike and
>> invasion phase but even at that point in the planning, we were
>> concerned about the number of "boots on the ground" for the occupation
>> (and end game) stage of an operation in Iraq. We were also concerned
>> about the American plans for occupation plans of Iraq because they at
>> that stage included no contingency for a handing over of civil
>> authority to a vetted Iraqi government and bureaucracy.
>>
>> There was no detailed plan for Iraq being "liberated" and returned to
>> its people...nor a thought to an eventual exit plan. This was contrary
>> to the lessons of Vietnam but also to current military thought, that
>> folks like Colin Powell and "Stuffy" Leighton and others elucidated
>> upon. "What's the mission" how long is the mission, what conditions
>> are to met before US troop can redeploy? Prime Minister Jean Chretien
>> and the PMO were even at the very preliminary planning stages wary of
>> Canadian involvement in an Iraq operation....History would prove them
>> correct. The political pressure being applied on the PMO from the
>> George W Bush administration was onerous
>>
>> American military assets were extremely overstretched, and Canadian
>> military assets even more so It was proposed by the PMO that Canadian
>> naval platforms would deploy to assist in naval quarantine operations
>> in the Gulf and that Canadian army assets would deploy in Afghanistan
>> thus permitting US army assets to redeploy for an Iraqi
>> operation....The PMO thought that "compromise would save Canadian
>> lives and liberal political capital.. and the priority of which
>> ....not necessarily in that order. "
>>
>> You can bet that I called these sneaky Yankees again today EH John
>> Adams? of the CSE within the DND?
>>
>> https://no-click.mil/?http://
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 20 Oct 2015 09:20:29 -0400
>> Subject: Hey before you Red Coats swear an Oath to the Queen and the
>> 42nd Parliament begins perhaps the turncoat Big Bad Billy Casey the
>> Yankee carpetbagger David Lutz or some Boyz from NB should explain
>> this lawsuit to you real slow.
>> To: alaina@alainalockhart.ca, david <david@lutz.nb.ca>,
>> "daniel.mchardie" <daniel.mchardie@cbc.ca>, info@waynelong.ca,
>> info@ginettepetitpastaylor.ca, rarseno@nbnet.nb.ca,
>> matt@mattdecourcey.ca, info@sergecormier.ca, pat@patfinnigan.ca,
>> tj@tjharvey.ca, karen.ludwig.nb@gmail.com
>> Cc: David Amos <david.raymond.amos@gmail.com>, "Frank.McKenna"
>> < Frank.McKenna@td.com>, info@votezsteve.ca, info@billcasey.ca,
>> "justin.trudeau.a1" <justin.trudeau.a1@parl.gc.ca>,
>> "dominic.leblanc.a1" <dominic.leblanc.a1@parl.gc.ca>, oldmaison
>> < oldmaison@yahoo.com>, jacques_poitras <jacques_poitras@cbc.ca>,
>> "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "peter.mackay"
>> < peter.mackay@justice.gc.ca>
>>
>>
>>
>
>
>
> https://no-click.mil/?http://
>
>
> 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://no-click.mil/?https://
>
>
> 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.
>
https://www.youtube.com/watch?v=hZqArRNshSM&ab_channel=Rogerstv
2018 New Brunswick Provincial Election Saint John Region Candidate Messages
https://globalnews.ca/news/4403536/new-brunswick-election-sussex-fundy-st-martins/
New Brunswick election: Sussex-Fundy-St. Martins
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VotesPercent
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✔︎ ElectedBruce Northrup3,81649.5%PC
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Jim Bedford1,87424.3%People's Alliance
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Ian Smyth1,21215.7%Liberals
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Fred Harrison5056.5%Green
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Dawna Robertson2543.3%NDP
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David Raymond Amos540.7%IND
YO Premier Gallant thanks for having an ethical computer while you have a big Pow Wow way up North. Did the cry baby spin doctor Randy Mckeen get to go too? |
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