Tuesday 24 May 2022

Judge wonders if pandemic law used against Moncton protesters was 'over-broad

 

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https://www.cbc.ca/news/canada/new-brunswick/green-deangelis-moncton-protest-1.6465017 

 

Judge rejects pandemic protesters' request to challenge constitutionality of law

Britney Green, Nicholas DeAngelis accused of violating Emergency Measures Act at Moncton protest

A provincial court judge has rejected a Bathurst couple's request to challenge the constitutionality of the law used to charge them with violating pandemic restrictions at a 2021 protest in Moncton.

Britney Green and Nicholas DeAngelis are accused of participating in a gathering of more than five people while not wearing masks and not being physically distanced on Jan. 24, 2021.

Green and DeAngelis' trial began last week and heard testimony from RCMP officers before the Crown closed its case. 

On Wednesday, as the case resumed, Green made a motion for a directed verdict. DeAngelis also raised the prospect of challenging the constitutionality of the mandatory order provisions that restrict gatherings used to charge them.

Crown prosecutor Logan Landry said raising that would likely require the Crown to present evidence about the reason for the mandatory order's existence for the judge to consider.

Request denied on procedural grounds

Provincial court Judge Brigitte Volpé said court rules require notice of such motions 30 days before trials begin, and the couple failed to file that notice. While judges have discretion to consider motions during trial, she said she wouldn't. 

"If this request would have been made any time before the Crown closed its case, I would have considered it," Volpé said. 

"Now it's late, the Crown can't present evidence toward that motion."

The pair, who are self-represented, were among five charged following the protest. Two pleaded guilty, while the trial of David Robert West is still going on. All three accused are assisting each other in their separate cases.

On Tuesday, West's case was before a different judge.

"I believe the law might be over-broad," Judge Luc Labonté said, referring to New Brunswick's mandatory order under the Emergency Measures Act. "And might be contrary to the charter because it captures, I believe, perhaps conduct that shouldn't be penalized."

In that case, Labonté indicated he may be open to West challenging the constitutionality of the law if the case isn't dismissed before that point.

RCMP arrested and charged people following the January 2021 protest outside city hall. (Radio-Canada )

West, Green and DeAngelis have requested the judges hearing their cases consider a directed verdict.

Once the Crown closes its case, the defence can make a motion for a directed verdict if they believe the Crown has failed to prove the essential elements of the charge. If the judge rules in their favour, they are acquitted and the case ends. If not, the case continues and they can call evidence. 

Green read a statement to Volpé on Wednesday that echoed the one West read to Labonté.

Green argued that there was no evidence people were not doing their best to stay two metres apart, no evidence whether the people were from the same household, and no evidence if people were near each other briefly or not.

Britney Green, left, Nicholas DeAngelis, one of their supporters who has assisted them and David West leave the Moncton courthouse Tuesday. (Shane Magee/CBC)

She also said RCMP officers who testified had "many contradictory statements and inconsistencies."

That included testimony about whether most or few protesters were wearing masks, how long people were beside each other, and how long she was attending the protest before her arrest.

West, Green and DeAngelis also argue the mandatory order prohibition on gatherings doesn't cover protests. 

The Crown prosecutor said in response to the request for a directed verdict that the "common sense" definition of a gathering should be used, which captures a protest. 

Case adjourned to June

Volpé said she would need time to reflect on the directed verdict issue. The case is scheduled to return to court June 15 when the judge may issue her ruling.

She said if she rules against Green and DeAngelis, they should be prepared to call their witnesses. 

At the opening of the trial, the pair had sought the judge's permission to summon Dr. Jennifer Russell, the province's chief medical officer of health, to testify. It wasn't clear what the judge ruled on that request heard in a closed courtroom. 

The couple had already told the judge they would appeal if the outcome of the case wasn't in their favour and called her "biased" because she told their supporters in the courtroom gallery at the trial's outset to wear masks.

 

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https://www.cbc.ca/news/canada/new-brunswick/david-west-moncton-court-defence-1.6463732

 

Judge wonders if pandemic law used against Moncton protesters was 'over-broad

 

David Robert West accused of violating province's Emergency Measures Act at protest in January 2021

A New Brunswick judge has suggested provisions of the province's pandemic restrictions used to charge several people who took part in a protest last year may have been an overreach.

"I believe the law might be over-broad," Judge Luc Labonté said Tuesday morning, referring to New Brunswick's mandatory order under the Emergency Measures Act. "And might be contrary to the charter because it captures, I believe, perhaps conduct that shouldn't be penalized."

Labonté made the comments as the trial of David Robert West of Riverview resumed Tuesday in Moncton. 

West is accused of violating the mandatory order by attending a gathering of more than five people without wearing a mask and without being physically distanced from others on Jan. 24, 2021.

West was among five arrested and charged at the protest of pandemic rules that day outside Moncton city hall. His trial began April 13 and had adjourned after the Crown finished presenting its evidence. 

   An RCMP officer shown among protesters in Moncton on Jan. 24, 2021. (Guy LeBlanc/Radio-Canada)

West, who is representing himself in court with assistance from several of the others charged, stood and read a prepared statement to Labonté requesting a directed verdict. 

That's a motion used when the defence believes the Crown has failed to prove the essential elements of the offence.

West said there was no evidence people were not doing their best to stay two metres apart, no evidence whether the people were from the same household, and no evidence if people were near each other briefly or not.

The mandatory order at the time included an exemption for briefly coming closer than two metres. 

RCMP officers issued tickets and arrested several people at the protest for violating the province's emergency measures imposed to limit the spread of COVID-19. (Guy LeBlanc/Radio-Canada)

He said the word "gathering" is ambiguous and doesn't cover a protest. 

"The mandatory order in question is not applicable as it does not prohibit protests [and] demonstrations," West said. 

He called the mandatory order unlawful.

That led Labonté to ask Crown prosecutor Logan Landry several questions about the law. 

The judge asked whether a family of six that gathered outside without masks would have been violating the law. 

Logan said if they weren't on private property, it would have been a violation.

The judge then laid out a similar scenario, asking about a family of six walking and then stopping in front of city hall and whether that would count as a gathering. 

"Do you find that may be a bit over-broad in its reach?" Labonté said.

It wasn't clear what Logan's response was to the judge. 

Labonté went on to suggest he believed the law may be contrary to the Canadian Charter of Rights and Freedoms. He said the onus is on West to prove that and invited the Crown to begin preparing to argue on that issue. 

The judge will issue his decision on the directed verdict issue on June 29.

He if rules in West's favour, he will be acquitted. If not, the judge said West still can call evidence and make a motion to challenge the constitutionality of the law.

Other cases on similar offence

Two of those who faced similar accusations from the protest have admitted the offence. Two others, Nicholas DeAngelis and Britney Green, have a trial that continues Wednesday. Both have been attending court assisting West with his case.

They were charged under a section of the mandatory order introduced only days before the protest and which didn't last very long. 

Outside the courthouse, West told reporters he believes the judge seems to be ready to rule in his favour but needs to go through the procedures first. 

"He sees what we see," West said. "It's a fraud, and he's willing to expose it and I think he's going to use us to do it and we're happy with that."

West is also in the midst of a separate trial on a charge alleging he violated the mandatory order by not wearing a mask at a Moncton grocery store on Dec. 31, 2020. That case resumes June 14.

ABOUT THE AUTHOR

Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC. He can be reached at shane.magee@cbc.ca and on Twitter at @mageecbc.

CBC's Journalistic Standards and Practices

 

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Joseph Sznober

May 18

 

May be an image of 2 people and text that says 'collective monthsag registered nunes homes across province hea described want Fitch government understands the inte fter den departure Norm Bosse, sald "The law makes absolutely no sense' Couple charged with pandemic health goto trial, defending themselves BABSTOCK Bathurst tral violat- n SoO and specifically asking'

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Joseph Sznober

May 18

 

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Mitchell Albert

May 10

 

May be an image of 1 person, standing and text that says 'Mail 9:00 PM AA 100% tj.news TELEGRAPHJOURNAL cton Saint John Fredericton M COURTS & CRIME Anti-masker tells judge she's got a 'right not to suffocate' : $ Elizabeth Kramer is seen outside the Saint John Law Courts on Tuesday. Photo: Andrew Bates/Telegraph-Journal Published 3 hours ago'

 May be an image of text that says 'Mail 9:00 PM a tj.news 100% Andrew Bates Telegraph- Journal A Rothesay woman who missed her trial on two mask tickets because she could not get inside the courthouse without a mask says her case was not adequately explained to the judge. Elizabeth Dawn Kramer, 48, of Cameron Road, made oral arguments Tuesday at the Saint John Law Courts in her appeal of two tickets issued under the Emergency Measures Act for not wearing a mask during demonstrations at Premier Blaine Higgs's residence in January 2021. Kramer, who was denied entrance tn_her_Sentamhar_trialonthaga'

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May be an image of text that says 'Mai 100% 9:00 PM Ù tj.news exemptions. My Charter rights allow me to exempt myself just by declaring it." Kramer, who represented herself, spoke for about an hour, detailing the circumstances of her Jan. 23 arrest and subsequent trial, her history of opposition to public health requirements including masking and vaccines, Education Minister Dominic Cardy's 2019 bill which unsuccessfully attempted to tighten vaccination rules for school children, an attempt to make the province prove that COVID-19 existed using a freedom-of-information request, and her argument that the Public Health Act specifies that a person cannot be a health hazard.'

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May be an image of text that says 'Mail 9:00 PM tj.news 100% agreed. She later quoted transcripts saying that Erickson did not have the regulations in front of him at the time. Gregory asked Kramer about section 104 of the Provincial Offences Procedure Act, which states that the burden of 'proving that any exemption.. operates in favour of the defendant is on the defendant," which Kramer said required context. She compared a declaration of a medical exemption to parental objection to a child receiving vaccines at school, which only requires her to state her disapproval. Titus said that the Crown has no vendetta when it comes'

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May be an image of ‎text that says '‎Mail 100% 9:01 PM و tj.news whether section 104 of POPA applies is a "moot point" because her Charter rights supersede the legislation. Gregory thanked both Kramer and Titus for their submissions and said that despite the fact that Kramer was self-represented, she did a "fine job" of making her points known and addressing the key issue of Palmer's decision. Gregory reserved her judgment for a written decision at a later point. Kramer has a trial on a third ticket for not wearing a mask, stemming from May of last year, scheduled in December.‎'‎

 

 

 

 https://www.facebook.com/lizkramer73

 

  • May 10
     
    Anti-masker tells judge she's got a 'right not to suffocate'
    Andrew Bates- telegraph Journal
     
    A Rothesay woman who missed her trial on two mask tickets because she could not get inside the courthouse without a mask says her case was not adequately explained to the judge.
     
    Elizabeth Dawn Kramer, 48, of Cameron Road, made oral arguments Tuesday at the Saint John Law Courts in her appeal of two tickets issued under the Emergency Measures Act for not wearing a mask during demonstrations at Premier Blaine Higgs's residence in January 2021.
     
    Kramer, who was denied entrance to her September trial on those tickets because she was not wearing a mask and ultimately found guilty in her own absence, asserted her right to declare a medical exemption without providing a doctor's note, and argued that this was incorrectly explained to a judge by the Crown prosecutor at a hearing in October.
     
    "I tried to rebut that, but they weren't having any of it, because it seems to me that they didn't really care about the outcome of that, and they didn't care about my rights," she said. "There is no requirement, I repeat, no requirement, for proof of exemptions. My Charter rights allow me to exempt myself just by declaring it."
     
    Kramer, who represented herself, spoke for about an hour, detailing the circumstances of her Jan. 23 arrest and subsequent trial, her history of opposition to public health requirements including masking and vaccines, Education Minister Dominic Cardy's 2019 bill which unsuccessfully attempted to tighten vaccination rules for school children, an attempt to make the province prove that COVID-19 existed using a freedom-of-information request, and her argument that the Public Health Act specifies that a person cannot be a health hazard.
     
    Kramer was reminded by Justice Kathryn A. Gregory to stick to the substance of the appeal at hand, and not to exhaust the time allotted that day on the appeal.
     
    Kramer argued that new regulations under the Public Health Act introduced the day before her trial gave detailed instructions as to the proof required to obtain a medical exemption from vaccine requirements but did not outline requirements for an exemption to the mask mandate. 
     
    Therefore, she said the only requirement to prove she needed a medical exemption was to declare that she had one.
     
    Kramer said she has a medical condition related to an incident as a child when she was smothered by her sisters to get her to stop talking, and that it was her "right not to suffocate."
     
    She told the court when she made a request in October to set aside the guilty verdicts, a Crown prosecutor misinformed Judge Andrew Palmer by telling him he thought that regulations required proof of a medical exemption. She initially identified Chris Titus, present on Tuesday, as the prosecutor, but Titus noted he was not present, and that Jeremy Erickson represented the Crown on that occasion, to which Kramer agreed. She later quoted transcripts saying that Erickson did not have the regulations in front of him at the time.
     
    Gregory asked Kramer about section 104 of the Provincial Offences Procedure Act, which states that the burden of "proving that any exemption ... operates in favour of the defendant is on the defendant," which Kramer said required context. She compared a declaration of a medical exemption to parental objection to a child receiving vaccines at school, which only requires her to state her disapproval.
     
    Titus said that the Crown has no vendetta when it comes to Kramer, and that the submission, received on Monday, goes down "a completely different road than what the court should be dealing with." He said that Palmer's only duty was to consider whether Kramer's absence from her ticket trial "occurred through no fault of the defendant" under section 177 of POPA, which Titus said he did without making an error of law.
     
    Palmer "went through it and satisfied himself that it was at her own hand, so to speak, that she didn't appear. She made that choice, effectively," Titus said.
     
    When asked about Titus's argument, Kramer told the court "he's grasping at straws," saying whether section 104 of POPA applies is a "moot point" because her Charter rights supersede the legislation.
     
    Gregory thanked both Kramer and Titus for their submissions and said that despite the fact that Kramer was self-represented, she did a "fine job" of making her points known and addressing the key issue of Palmer's decision.
     
    Gregory reserved her judgment for a written decision at a later point.
     
    Kramer has a trial on a third ticket for not wearing a mask, stemming from May of last year, scheduled in December.

    20 Comments 


    David Raymond Amos
    Notice the biblepounder got 3 judges to hear his appeals in Fat Fred City but you were denied the same venue for yours?  
     
     

 

 

https://www.cbc.ca/news/canada/new-brunswick/church-pastor-appeal-dismissed-1.6457894

 

Appeal Court dismisses pandemic-related appeal by Saint John pastor and church

Another appeal remains, along with a constitutional challenge of COVID rules

But the decision is actually a win for Philip Hutchings and His Tabernacle Family Church because the court also determined that the undertaking at the heart of the case was no longer in effect. 

That means Hutchings and the church are no longer bound by that undertaking, which he signed on Oct. 22, promising to follow all the COVID-19 rules that applied to church services at the time.

Lawyer Jonathan Martin, acting on behalf of Hutchings and the church, applied to the court to have the undertaking set aside, so although the appeal was dismissed, the undertaking was determined to no longer be in effect. 

Chief Justice Marc Richard said the three-judge panel determined that the undertaking Hutchings signed on Oct. 22 — after spending a week in jail on remand — was "supplanted" by the consent order he signed on Oct. 29. Both are legal documents in which he agreed to abide by a number of conditions.

That's why the appeal of the undertaking was dismissed as being moot, explained Richard during Wednesday morning's proceedings. 

  His Tabernacle Family Church pastor Philip Hutchings posted photos of a church event on his personal Facebook page, along with a message saying, 'Don't just stand your ground...take more ground...Remember...what you refuse to address, you endorse.' (Phil Hutchings/Facebook)

But there's still a long legal road ahead for Hutchings and the church, including another matter in the Court of Appeal next month. The case is scheduled to be back before the court on June 15 on a related matter about a different judge in the same case. 

Martin filed an appeal about two decisions made in December by the second of three judges who have heard the case in succession. Martin disagrees with the judge's ruling on what constitutes an enclosed indoor space, and with the judge's refusal to recuse himself from the case. 

As a result of granting leave to appeal those two issues, the Court of Appeal also issued a stay of proceedings in the original contempt case against His Tabernacle Family Church and four of its leaders, according to a decision released by the court. 

The case also continues to plod along in provincial court on a separate but related matter, where Hutchings faces a $580.50 ticket issued in October for failing to comply with COVID protocols. 

That matter was scheduled for a two-day trial in June, but the case is now sidelined by a constitutional challenge of New Brunswick's COVID-19 restrictions. 

The history of the case

His Tabernacle Family Church, which had been operating in the former Holy Trinity Church on Rockland Road, first came to the province's attention last September, when Hutchings posted on social media that his church would not be following a number of COVID protocols. 

On Sept. 24, the province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks were mandatory with either option.

Hutchings said they would be doing none of that. 

Hutchings leaves the Saint John courthouse with his wife, Jamie, after being released from jail in October. (Shane Fowler/CBC)

The Department of Public Safety issued Hutchings a ticket after officials visited the church on Oct. 3 for Sunday service and observed that the rules were not being followed. 

Thus began the provincial court matters. 

Not long after, the province applied to the Court of Queen's Bench for a preliminary injunction that would prohibit the church from holding "public gatherings which are in contravention" of the Public Health Act and the Emergency Measures Act."

On Oct. 8, the parties signed a consent order where Hutchings agreed to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings. 

A week later, Hutchings was remanded to jail for a week after the province accused him and the church of violating the order. 

ABOUT THE AUTHOR

Mia Urquhart is a CBC reporter based in Saint John. She can be reached at mia.urquhart@cbc.ca.

CBC's Journalistic Standards and Practices

 


https://davidraymondamos3.blogspot.com/2021/12/saint-john-pastor-facing-another.html 

 

Friday, 10 December 2021

Saint John pastor facing another contempt charge for alleged COVID-19 rule violations

 

---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 13 Dec 2021 09:22:30 -0400
Subject: Hey Higgy Methinks the Crown and the lawyer Jonathan Martin
should never deny the obvious malice before CBC deletes all my
comments N'esy Pas???
To: Blaine.Higgs@gnb.ca, kingdomdccontractors@gmail.com, "Mike.Comeau"

<Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"Bill.Blair" <Bill.Blair@parl.gc.ca>, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, sheilagunnreid@gmail.com, Newsroom
<Newsroom@globeandmail.com>, neilclementslaw@gmail.com,
karlfluri@gmail.com, onestepabovegod@gmail.com, "steve.murphy"
<steve.murphy@ctv.ca>, jcarpay <jcarpay@jccf.ca>, premier@gov.ab.ca,
freedomreport.ca@gmail.com, kingpatrick278 <kingpatrick278@gmail.com>,
help@sadvocacy.com, info@realchrissky.com, Office of the Premier
<scott.moe@gov.sk.ca>, "stefanos.karatopis"
<stefanos.karatopis@gmail.com>, Norman Traversy
<traversy.n@gmail.com>, mcu <mcu@justice.gc.ca>, "rob.moore"
<rob.moore@parl.gc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, david@freiheitlegal.com, Viva
Frei <david@vivafrei.com>
Cc: jonathan@jmartinlaw.ca, motomaniac333 <motomaniac333@gmail.com>

https://davidraymondamos3.blogspot.com/2021/12/saint-john-pastor-facing-another.html

Friday, 10 December 2021

Saint John pastor facing another contempt charge for alleged COVID-19
rule violations


---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 13 Dec 2021 12:52:56 +0000
Subject: RE: Hey Higgy Methinks the Crown should explain to the lawyer
Jonathan Martin why CBC has kept the comment secton open so long while
deleting so many comments N'esy Pas??
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
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En raison du volume des messages reçus, cette réponse automatique vous
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---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 13 Dec 2021 12:52:56 +0000
Subject: RE: Hey Higgy Methinks the Crown should explain to the lawyer
Jonathan Martin why CBC has kept the comment secton open so long while
deleting so many comments N'esy Pas??
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

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meilleurs délais.

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secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

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.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>



---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 13 Dec 2021 08:52:47 -0400
Subject: Hey Higgy Methinks the Crown should explain to the lawyer
Jonathan Martin why CBC has kept the comment secton open so long while
deleting so many comments N'esy Pas???
To: Blaine.Higgs@gnb.ca, kingdomdccontractors@gmail.com, "Mike.Comeau"
<Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"Bill.Blair" <Bill.Blair@parl.gc.ca>, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, sheilagunnreid@gmail.com, Newsroom
<Newsroom@globeandmail.com>, neilclementslaw@gmail.com,
karlfluri@gmail.com, onestepabovegod@gmail.com, "steve.murphy"
<steve.murphy@ctv.ca>, jcarpay <jcarpay@jccf.ca>, premier@gov.ab.ca,
freedomreport.ca@gmail.com, kingpatrick278 <kingpatrick278@gmail.com>,
help@sadvocacy.com, info@realchrissky.com, Office of the Premier
<scott.moe@gov.sk.ca>, "stefanos.karatopis"
<stefanos.karatopis@gmail.com>, Norman Traversy
<traversy.n@gmail.com>, mcu <mcu@justice.gc.ca>, "rob.moore"
<rob.moore@parl.gc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, david@freiheitlegal.com, Viva
Frei <david@vivafrei.com>
Cc: jonathan@jmartinlaw.ca, motomaniac333 <motomaniac333@gmail.com>

 

https://www.cbc.ca/news/canada/new-brunswick/pastor-accused-of-contempt-1.6281102

 

Judge tells Saint John pastor accused of flouting rules to work with province on tent details

Issue centres on whether a tent constitutes an 'indoor space'

Both of those things were in question after the province asked the court to find Hutchings and the church in contempt for failing to abide by signed agreements to the court in October. 

The province filed a motion on Tuesday to have Hutchings and his wife, the church itself, and two directors of the church — Dana and Cody Butler — found in contempt.

According to a pre-hearing brief, the Office of the Attorney General wanted Hutchings jailed for 90 days and fined $20,000.

The province alleges Hutchings and the church continued to hold services that contravened the mandatory emergency order aimed at controlling the spread of COVID-19 after signing agreements with the court to comply. 

On Friday, solicitor Jonathan Martin had asked the court for more time to prepare for the hearing. 

Justice Darrell Stephenson consented to the request and set the matter over to Jan. 14. Stephenson took over the case on Friday after Justice Hugh McLellan recused himself following an application by Martin to have McLellan removed. 

Jonathan Martin says his clients are willing to work with officials from the province in order to continue to hold religious services that comply with the Mandatory Order. (Roger Cosman/CBC)

Stephenson made it clear that the church was to follow the province's COVID-19 protocols for religious gatherings. He said church officials would have to work with the province to determine what constitutes an indoor gathering. 

The province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules. 

Martin said the latest contempt allegation centres on a tent the church has been using for services. Essentially, Martin advised the church that a tent did not constitute an "indoor gathering" and therefore didn't have to comply with the rules for indoor gatherings. 

Martin said the church is willing to take off as many of the tent walls as necessary. 

Stephenson said it was up to the church to work out those details with the province to enable them to continue to hold services through the Christmas season.

He said his goal on Friday was to take care of the "go forward" issues. Anything to do with what is alleged to have happened in the last few weeks will be addressed at the next court appearance. 

The Attorney General's Office has made its position clear in a pre-hearing brief filed with the court. Given that seven days in jail didn't persuade Hutchings to follow the rules, it wants the court to consider 90 days and a $20,000 fine. 

The court was also asked to levy $5,000 fines against Jamie Hutchings, Dana Butler and Cody Butler, and a $35,000 fine for His Tabernacle Family Church. 

Jamie Hutchings in a social media post last month, advertising "church merch." (Facebook)

The province is also asking that the parties "jointly and severally" pay legal fees of $25,000. 

The document alleges that the church continues to flout COVID-19 regulations. 

Hutchings and the church "are continuing to take an antagonistic approach with regard to the COVID-19 regulations," the document says, and "are attempting to profit off the previous contempt finds by selling merchandise which states, 'My Pastor went to prison for having church.'"

Court documents show a Facebook picture of Jamie Hutchings wearing a T-shirt with that slogan and advertising that "church merch" would be available the next day. 

The briefing says Philip Hutchings has "attempted to capitalize on the notoriety related to these proceedings in order to grow his following and fill the coffers of the Church." 

It says the merchandise celebrates "their ongoing failure to comply with government restrictions."

'Flagrant disregard' for rules

Court documents describe repeated infractions with COVID-19 protocols since His Tabernacle Family Church first came to the province's attention in September, when Hutchings posted on social media that his church would operate at full capacity and wouldn't require masks or proof of vaccination. 

On Oct. 1, an official with the province contacted Hutchings and explained the rules. He agreed to comply, according to the court file.

Just two days later, the church held a service that allegedly violated the rules again. Hutchings was fined for that on Oct. 6.

On Oct. 8, the province went to court to get an order to shut down the church for continued non-compliance, but Hutchings signed a consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings. 

Two days after the agreement was signed, Public Safety visited the church and videotaped people coming and going freely and not wearing masks. The footage included an unmasked Hutchings coming to the door of the church.

Pictures posted on Philip Hutchings's Facebook page were submitted as exhibits and appear to show a packed church service with no one wearing masks. (Facebook)

That's when Hutchings and his followers raised the ire of Court of Queen's Bench Justice Hugh McLellan. 

Hutchings appeared before McLellan on Oct. 15 and was remanded to jail for a week. McLellan said the remand was necessary to protect the public. 

He also said Hutchings "mocked" the order by holding another non-compliant service two days later. As a result, he said he had concerns about the pastor's "personal credibility."

When a more repentant Hutchings returned to court one week later, he admitted to contempt of court and agreed to abide by a number of conditions imposed by the court. 

Eventually, Hutchings, and Dana and Cody Baker, were all be given a stern lecture by the judge before they signed another agreement to obey the rules. 

"I want to be clear," McLellan told them Oct. 29. "You could end up going to jail if there's a violation of this."

The province says Philip Hutchings, pastor and founder of His Tabernacle Family Church, is trying to capitalize on the "notoriety" of the case to gain followers and fill coffers. (Facebook)

He stressed that the directors were being held personally responsible for the actions of the church. And just to make sure they understood, he made them all initial that section of the already-signed original document.

His Tabernacle Family Church lost the use of the building they were renting on Rockland Road and started holding outdoor services at 40 Ashburn Lake Rd. By Nov. 28, they were using a large tent there. 

On Dec. 2, they were informed in writing that a tent was still considered an enclosed place and that restrictions would still apply. 

On Dec. 5, despite in-person warnings from officers from the Department of Justice and Public Safety, the church service went ahead, allegedly without complying with COVID-19 protocols.

ABOUT THE AUTHOR

Mia Urquhart is a CBC reporter based in Saint John. She can be reached at mia.urquhart@cbc.ca.

CBC's Journalistic Standards and Practices

 

101 Comments
Commenting is now closed for this story.
 
 
 
 
David Amos
Content deactivated 
Need I say why I love the circus??? 
 
 
 
 
 
 
 
Bob Smith
Sounds like the new judge is going to let the pastor and wife off easy in this matter. A shame...
 
 
Jason Grey
Reply to @Bob Smith: Just letting the defense have a little more time to prepare. Normal court proceedings.
 
 
David Amos 
Reply to @Jason Grey: So you say
 
 
 
 
 
 
 
 
 
David Amos 
Content deactivated 
Oh My How I love the circus 
 
 
Marguerite Deschamps
Content deactivated 
Reply to @David Amos: Here comes the 🤡!  
 
 
David Amos
Content deactivated 
Reply to @Marguerite Deschamps: Obviously you were the first to appear
 
 
 
 
 
 
 
 
 
 
Luke Armstrong
I think they just love this attention....even if it's negative.
 
 
Michel Forgeron
Reply to @Luke Armstrong: Modern martyrs make more money!
 
 
David Amos
Content deactivated 
Reply to @Michel Forgeron: C'est Vrai 
 
 
Jason Grey
Reply to @David Amos:
N'estea pass. 

 
 
 
 
 
 
 
 
Dallas Mcquarrie
Such behaviour is selfish and dangerous to others, not to mention exhibiting a callous disregard, rather than love, for his neighbor. If Hutchings' behaviour is not illegal it should be as his behaviour would seem as dangerous as thast of a drunk driver.
 
 
Marguerite Deschamps
Reply to @Dallas Mcquarrie: Follow the 💰💰💰💰💰!!!
 
 
David Amos
Content deactivated 
Reply to @Marguerite Deschamps: Methinks you and even Dallas Mcquarrie know why "Follow the 💰💰💰💰💰" is my forte because everybody in the know knowsthat the Golden Rule truly is "He With the Gold Makes the Rules" Hence everything is political and its always about the money N'esy Pas?
 
 
Jason Grey
Reply to @David Amos:
Where is your HD? LOL
 
 
Jason Grey
Reply to @Jason Grey:
Where is David. LOL
 
 
 
 
 
 
 

 
 
 
Joel Newman
Good call Judge! Knows the rule is BS
 
 
Fred Brewer
Reply to @Joel Newman: The rule is not BS. The defense is simply arguing that a tent is not an indoor space. It is an interesting argument, but in my opinion the judge should have applied his interpretation of the law. That is what they are there for. When a law is unclear, the judge can clarify the rule. He took the easy way out.
 
 
Marguerite Deschamps
Content deactivated 
Reply to @Fred Brewer: The cult is 🐂💩!
 
 
David Amos
Content deactivated 
Reply to @Marguerite Deschamps: Oh My My How creative you are lately 
 
 
Jason Grey
Reply to @David Amos: You're back. N'est cy pas. LOL
 
 
Marguerite Deschamps
Reply to @Joel Newman: The cult is 🐂💩!   
 
 
Jason Grey
Reply to @Fred Brewer:
The easy way out. Back in court in January.

  

 

 

https://jmartinlaw.ca/

About Jonathan Martin

Lawyer


Jonathan studied at Université de Sherbrooke and holds a Bachelor of Laws (LL.B) and Doctor of Laws (J.D.). He has been a member of the Law Society of Saskatchewan since 2015 and of the Law Society of New Brunswick since September, 2020.

He worked for 2 years primarily doing family law, followed by three years in the civil litigation department of a large national firm, where he also edited their construction law newsletter.  He has represented clients all over Canada and has appeared in the Courts of Alberta, Saskatchewan, Ontario and New Brunswick. He has been involved in several matters at the Supreme Court of Canada and has appeared twice as co-counsel before Canada’s highest court. He regularly appears before the Woodstock Court of Queen’s bench.

 

Contact Me

Phone

(506) 703-4821

 

Email

jonathan@jmartinlaw.ca

 

Address

20 Norkotah Crescent
Florenceville-Bristol, NB
E7M 0A4

 

---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 13 Dec 2021 12:41:36 +0000
Subject: RE: Hey Higgy Methinks Hutchings, Neil Clements and the Crown
should have informed the lawyer Jonathan Martin about my contacts
N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
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Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-

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Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>


---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 13 Dec 2021 08:39:46 -0400
Subject: Hey Higgy Methinks Hutchings, Neil Clements and the Crown
should have informed the lawyer Jonathan Martin about my contacts
N'esy Pas??
To: Blaine.Higgs@gnb.ca, kingdomdccontractors@gmail.com, "Mike.Comeau"
<Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
"Bill.Blair" <Bill.Blair@parl.gc.ca>, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, sheilagunnreid@gmail.com, Newsroom
<Newsroom@globeandmail.com>, neilclementslaw@gmail.com,
karlfluri@gmail.com, onestepabovegod@gmail.com, "steve.murphy"
<steve.murphy@ctv.ca>, jcarpay <jcarpay@jccf.ca>, premier@gov.ab.ca,
freedomreport.ca@gmail.com, kingpatrick278 <kingpatrick278@gmail.com>,
help@sadvocacy.com, info@realchrissky.com, Office of the Premier
<scott.moe@gov.sk.ca>, "stefanos.karatopis"
<stefanos.karatopis@gmail.com>, Norman Traversy
<traversy.n@gmail.com>, mcu <mcu@justice.gc.ca>, "rob.moore"
<rob.moore@parl.gc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, david@freiheitlegal.com, Viva
Frei <david@vivafrei.com>
Cc: motomaniac333 <motomaniac333@gmail.com>

https://davidraymondamos3.blogspot.com/2021/10/saint-john-church-fined-for-not.html


Friday, 8 October 2021

Saint John church fined for not complying with the emergency order

https://www.cbc.ca/news/canada/new-brunswick/saint-john-pastor-pleads-not-guilty-covid-restriction-violations-1.6271078


Saint John pastor pleads not guilty to violating COVID restrictions,
obstructing peace officer

Philip James Hutchings says he's contemplating a constitutional challenge

Rachel Cave · CBC News · Posted: Dec 02, 2021 2:44 PM AT

 ---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 14 Oct 2021 18:38:18 +0000
Subject: RE: I tried to tell you how to stay ot of jail but you were
too busy to listen correct Mr Butler?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
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En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.


If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

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.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>


---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 14 Oct 2021 18:39:08 +0000
Subject: Automatic reply: I tried to tell you how to stay ot of jail
but you were too busy to listen correct Mr Butler?
To: David Amos <david.raymond.amos333@gmail.com>

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---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Thu, 14 Oct 2021 15:36:30 -0300
Subject: I tried to tell you how to stay ot of jail but you were too
busy to listen correct Mr Butler?
To: kingdomdccontractors@gmail.com, "blaine.higgs"
<blaine.higgs@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
"hugh.flemming" <hugh.flemming@gnb.ca>, "Bill.Blair"
<Bill.Blair@parl.gc.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, sheilagunnreid
<sheilagunnreid@gmail.com>, Newsroom <Newsroom@globeandmail.com>,
"steve.murphy" <steve.murphy@ctv.ca>

So Go Figure

https://davidraymondamos3.blogspot.com/2021/10/saint-john-church-fined-for-not.html


https://www.facebook.com/codykdbutler


Cody Butler
tS4p1nm9ohi  ·
Phil Hutchings
tS4p2nm1ohi  ·
Public Saftey are dragging me to court again this Friday at 2pm...to
try to put me in jail. These tyrannical bullies will be stopped. THE
GOVERNMENT HAS NO GROUNDS BY ANY ORDER...NO LEGAL FOOT TO TELL THE
CHURCH #HOW SHE WILL MEET, OR #WHEN SHE WILL MEET. SO LET'S TAKE THE
NEXT FEW DAYS TO PRAY & FAST TOGETHER 🇨🇦.

2 Comments

Patricia O'Neill
Amen!


David Raymond Amos
I just called correct?



https://www.cbc.ca/news/canada/new-brunswick/pentecostal-churches-covid-rules-1.6211413


Pentecostal churches in Atlantic Canada under scrutiny as push to
vaccinate ramps up
Religious scholar says Pentecostal faith is not anti-science
The Canadian Press · Posted: Oct 14, 2021 7:06 PM AT


Peace officers were at His Tabernacle Family Church in Saint John on
Sunday. The church has been under scrutiny for allegedly failing to
follow COVID-19 rules. (Gary Moore/CBC)

Recent COVID-19 outbreaks in New Brunswick and Newfoundland and
Labrador have focused attention on what is being preached in
Pentecostal churches in the affected areas, but a religious scholar
says any ministers advocating against vaccination would be exceptions
within the faith.

"Pentecostals, in my experience today, are not anti-science," said
Bradley Noel, chair of the department of Christian ministries at
Tyndale University, a private evangelical Christian university in
Toronto.

Pentecostalism is a form of Christianity known for its exuberant
pastors. Though its numbers are small, the denomination has fallen
under scrutiny in Atlantic Canada as governments work to get needles
into the arms of the unvaccinated.

In Bishop's Falls, N.L., the First United Pentecostal Church was at
the centre of a COVID-19 outbreak this month that ultimately involved
56 infections and killed at least one unvaccinated congregant.

The province described the cluster as being among "a group that is
closely socially connected," and Premier Andrew Furey responded by
convening a meeting of religious leaders, including Pentecostals, to
discuss the importance of the COVID-19 vaccine.

The First United Pentecostal Church's pastor, Leroy Gee, said he
complies with whatever public health rules the government introduces,
but he worries forced compliance — like requiring vaccination to
access services or hold certain jobs — is a sign of increasing control
that could have Biblical consequences.

"God doesn't force anybody to serve Him," Gee said in an interview
Wednesday. "But we're moving into a time when you're going to be
forced to serve the system. And the system is going to be what is
known as the tribulation, or the Antichrist system."

Newfoundland and Labrador Premier Andrew Furey convened a meeting of
religious leaders to impress upon them the importance of COVID-19
vaccines. (Patrick Butler/CBC)

In New Brunswick, a Pentecostal church, Amazing Grace, was named as
the location of an exposure notification in the northwest of the
province on Aug. 29.

Joe Gee, a resident of the nearby town of Carlingford, who is not
related to the Newfoundland pastor, said in a recent telephone
interview he believes some of his family members were exposed to the
virus as a result of its spread in the church, and he wants health
officials to investigate what happened.

    'Jesus was a healer': One man's rage at anti-vaccination pastors
in local churches

He said his unvaccinated father died as a result of the outbreak.

Last weekend in Saint John, officials found His Tabernacle Family
Church to be violating public health orders.

"Investigations are ongoing, and matters are before the courts,"
Health Minister Dorothy Shephard told reporters Tuesday.

  Joe Gee has been pushing for the New Brunswick government to
investigate the role Amazing Grace church has played in a COVID-19
outbreak in the Perth-Andover area. (Ed Hunter/CBC)

Phil Hutchings, the Saint John church's founder and lead pastor,
posted Sunday to Facebook: "We had a packed service tonight and it was
powerful!!! But I forgot to tell Public Safety that we changed
locations." This was followed by a laughing emoji.

The church's website says Hutchings, who did not respond to a request
for an interview, was trained at the Pentecostal Zion Bible College in
Rhode Island.

Leroy Gee said he is vaccinated but he doesn't feel it's his place to
tell his congregation in Bishop's Falls to follow suit.

"As a minister, I'm in town here to help people spiritually," he said.

Roy Dee, pastor at Amazing Grace in New Brunswick, said in a recent
interview the majority of people in his church are fully vaccinated,
and he's never explicitly preached against the practice.

"The only thing I've ever told my parishioners is to be led by peace
and to pray about their decisions," Dee said. "That's between them and
the Lord."

New Brunswick Health Minister Dorothy Shephard has expressed her
concerns around His Tabernacle Family Church and its approach to
COVID-19 regulations. (Ed Hunter/CBC)

Noel, who is also a minister with the Pentecostal Assemblies of
Newfoundland and Labrador, said that if Pentecostal churches are
preaching against vaccination, or breaking public health rules,
they're exceptions within the faith.

"Our pastors ... have done their level best to encourage people to
follow public health guidelines," he said.

Unlike the Pope, who urged followers to get vaccinated in August,
Pentecostal leaders are more likely to stick to spiritual
guidance and tell their congregation to talk to a doctor for COVID-19
advice, he said.

Noel did note that a few Pentecostal churches in Newfoundland are now
hosting vaccination clinics.

The faith does have isolationist roots, he acknowledged, and its early
members saw themselves as relatively counterculture.

    At least 10 officers were keeping watch on Sunday at His
Tabernacle Family Church in Saint John. (Gary Moore/CBC)

"They believe in angels and demons, they believe in healing. They have
a very supernatural world view that they believe is reflected in the
Bible."

Both Newfoundland and Labrador and New Brunswick have said churches
can choose to use the provinces' vaccine passport systems or they can
hold gatherings at 50 per cent capacity, among other restrictions.

Noel said that's a lot to ask any church, Pentecostal or not.

"No pastor wants to turn anyone away at the door who's come out Sunday
morning to worship."

Most of Newfoundland and Labrador's Pentecostal churches are in the
so-called Bible Belt region, which stretches across central
Newfoundland from Gander to the Baie Verte peninsula, Noel said.

    Saint John church shut down for non-compliance after Sunday service

The Bible Belt is also home to some of the lowest COVID-19 vaccination
rates in the province, government data shows.

But Noel cautioned against drawing a connection.

"Pentecostalism may have done well there because the people were of a
reasonably conservative mindset," he said. "That reasonably
conservative mindset might be leading them to particular forms of
media, and those particular forms of media might be questioning the
efficacy of the vaccines."


CBC's Journalistic Standards and Practices





 ---------- Original message ----------
From: Viva Frei <david@vivafrei.com>
Date: Sat, 16 Oct 2021 01:22:35 GMT
Subject: Thanks for your message
To: David Amos <david.raymond.amos333@gmail.com>

Thank you very much for your message.

I receive a ton of emails and DMs, and I can’t get to all of them. So
if I don’t get back to you, don’t take it personally. And the standard
disclaimer that I cannot and do not give legal advice, nor can I
respond to specific personal or legal questions (and be weary of any
lawyer who would via DM or social media! lol).

See you on the inter-webs, and know the vlawg! Peace!



https://www.rebelnews.com/new_brunswick_pastor_arrested_for_not_enforcing_covid_restrictions


BREAKING: New Brunswick pastor arrested for not enforcing COVID restrictions

Pastor Phil Hutchings of His Tabernacle Family Church was arrested for
refusing to enforce COVID restrictions on his congregation.

By Rebel News October 15, 2021


BREAKING: New Brunswick pastor arrested for not enforcing COVID restrictions

Pastor Phil Hutchings of His Tabernacle Family Church in Saint John,
New Brunswick was arrested today following his refusal to enforce
COVID restrictions upon his congregation.
Mocha Bezirgan
@BezirganMocha
BREAKING: Pastor Phil of His Tabernacle Family Church in Saint John,
NB is under custody until the next court hearing (Oct 22) for not
enforcing COVID regulations on his church. More details to follow. Go
to http://SavePastorPhil.com to sign the petition & donate to his
legal fund.

 3:32 PM · Oct 15, 2021

Places of worship in the Atlantic province are required to enforce
contact tracing, masking, social distancing, along with a restriction
on capacity limits and a prohibition on singing.

Pastor Phil will be held in provincial custody until his next hearing,
scheduled for October 22.

His Tabernacle Family Church was ordered closed on Thanksgiving
Monday, with some regions in the province being thrown into a 14-day
“circuit breaker” lockdown ahead of the holiday long weekend. Another
pastor at the church, Cody Butler, was arrested on Thanksgiving Sunday
while delivering his sermon.

Butler was later released after agreeing to terms with a court.

If you're interested in showing your support for Pastor Phil
Hutchings, you can sign our petition at SavePastorPhil.com. To donate
towards helping Pastor Phil fight his charges, visit
FightTheFines.com. Donations made to Fight The Fines are eligible for
a tax receipt through The Democracy Fund, a registered Canadian
charity.



https://www.rebelnews.com/tags/save_pastor_phil


Save Pastor Phil - Legal Fund

Help pay the legal fees of Pastor Phil by making a donation. Donations
will go to The Democracy Fund, a registered Canadian charity that is
now helping the 'Fight The Fines' project. So, you can now get an
official charitable receipt for a donation made on this page and use
it to reduce your Canadian taxes.
Save Pastor Phil

Follow along on this page for updates on Pastor Phil's legal proceedings.

Pastor Phil Hutchings of His Tabernacle Church in St. John, New
Brunswick spent over 7 days in jail for the crime of allowing his
congregation to gather freely in the face of COVID places of worship.

The shocking story of what happened to Phil and his church and his
associate pastor Cody Butler has been wildly underreported given the
extent of government overreach involved.

The church has been under strict surveillance by authorities, and
services were previously disrupted when police and safety officials
entered the church to gather evidence.

Hutchings has posted a video and images to his personal Facebook page
showing police repeatedly visiting his home.

Attached to the notice of motion to hold Hutchings in contempt was an
affidavit of Allen Dow [see below], an inspector with the General
Investigation Section of Inspection and Enforcement New Brunswick — a
division of the Department of Justice and Public Safety.

The affidavit included a flash drive containing video evidence
collected by agents showing the arrest of Butler and individuals
leaving the church. The affidavit noted “the vast majority of which
are not wearing masks.”

Dow’s affidavit noted that Justice and Public Safety officials were
aware that the church may now be worshipping in a secret location. The
affidavit from Dow detailed his suspicions of an underground church
service in sections 15 and 16.

    Attached as Exhibit C is a social media post, from the Facebook
account of Respondent Philip James Hutchings account on the evening of
October 10, 2021, wherein he states the following “WE HAD A PACKED
SERVICE TONIGHT & IT WAS POWERFUL!!! But I forgot to tell Public
Safety that we changed locations”.

    I have no first-hand knowledge of where this service was held,
however, I have heard rumours that the service was held at a location
on Rothesay Road where this church had previously been located. I am
not aware of the truth of this, however, I have no reason to believe
otherwise.



---------- Oiginal message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Fri, 15 Oct 2021 22:21:47 -0300
Subject: Attn Neil Clements Say Hey to the Crown and your new client
for me Will Ya?
To: neilclementslaw@gmail.com, karlfluri@gmail.com,
onestepabovegod@gmail.com, "steve.murphy" <steve.murphy@ctv.ca>,
jcarpay <jcarpay@jccf.ca>, sheilagunnreid <sheilagunnreid@gmail.com>,
premier@gov.ab.ca, freedomreport.ca@gmail.com, kingpatrick278
<kingpatrick278@gmail.com>, help@sadvocacy.com, info@realchrissky.com,
Office of the Premier <scott.moe@gov.sk.ca>, "stefanos.karatopis"
<stefanos.karatopis@gmail.com>, "Bill.Blair" <Bill.Blair@parl.gc.ca>,
"Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, premier
<premier@ontario.ca>, pm <pm@pm.gc.ca>, Newsroom
<Newsroom@globeandmail.com>, Norman Traversy <traversy.n@gmail.com>,
mcu <mcu@justice.gc.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"rob.moore" <rob.moore@parl.gc.ca>, "Ross.Wetmore"
<Ross.Wetmore@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>,
david@freiheitlegal.com, Viva Frei <david@vivafrei.com>, votemaxime
<votemaxime@gmail.com>, votejohnw <votejohnw@gmail.com>
Cc: motomaniac333 <motomaniac333@gmail.com>, Jason.Caissie@gnb.ca,
"hugh.flemming" <hugh.flemming@gnb.ca>, "Mike.Comeau"
<Mike.Comeau@gnb.ca>

https://www.cbc.ca/news/canada/new-brunswick/pastor-jailed-for-noncompliance-1.6213187

Pastor of Saint John church jailed for a week after defying COVID rules


Judge calls Philip Hutchings's recent actions during pandemic 'reckless'
CBC News · Posted: Oct 15, 2021 5:59 PM AT

Philip Hutchings, pastor and founder of His Tabernacle Family Church,
outside the courthouse in Saint John on Friday afternoon. He was
remanded to jail until his next court appearance on Oct. 22. (Shane
Fowler/CBC)

A Saint John pastor who was fined last week for not complying with New
Brunswick's COVID-19 emergency order has been jailed.

Philip Hutchings of His Tabernacle Family Church was remanded to jail
until the court proceedings resume next Friday.

But not before he got a tongue-lashing from the judge about flouting
the court order he signed a week earlier.

Justice Hugh McLellan of the Court of Queen's Bench said Hutchings
essentially "mocked" the order within two days of signing it.

"I have concerns about Mr. Hutchings's personal credibility," McLellan said.

The judge also took Hutchings to task for putting the safety of his
congregation in jeopardy by not following the guidelines of Public
Health and the rules set out in the province's mandatory order for
managing the COVID-19 pandemic.

A crowd gathers outside the courthouse in Saint John in support of
Hutchings, who was in court for failing to comply with COVID-19
protocols. (Shane Fowler/CBC)

The judge referred to a four-minute video that was played in court,
showing people going into and out of the church without wearing masks.
A section of the video clearly showed an unmasked Hutchings coming to
the door and standing in the doorway for a short time.

The hearing was held in connection with an application filed by the
province to shut down the church for non-compliance.

That was averted On Oct. 8, when Hutchings agreed to comply until a
court hearing could be held.

When the parties got to court on Friday afternoon, Hutchings's lawyer,
Neil Clements, asked for an adjournment since he had just been
retained and wanted a chance to review the file.

The problem, explained McLellan, is that he had already adjourned the
case for a week — "a week of non-compliance … and open defiance."

McLellan said it was difficult to put "any weight or credibility" in
Hutchings saying he would agree to abide by another court order.

He then invited Jason Caissie, a solicitor for the New Brunswick
attorney general, to play the video taken by Public Safety officers
outside the Rockland Road church on Thanksgiving on Sunday.

After it played, Caissie said the concern is that Hutchings might hold
two services this coming Sunday that could become the province's next
"super spreader" events.

Hutchings was filed $580.50 last week for violating the province's
mandatory order. (Facebook)

"I'm disappointed that he would agree to a consent order to follow the
rules on Friday afternoon, and then Sunday, according to that video,
breach the rules," McLellan said.

The judge also gave a brief legal lesson on torts and criminal
negligence, complete with photocopies of the Criminal Code with
applicable sections highlighted.

He told Hutchings that following the guidelines established by the
emergency order and Public Health actually protect the church from
potential claims if a church-goer tries to sue after contracting
COVID-19 at a church event.

He said parishioners look to Hutchings as their protector, "which he
has not been to date."

Instead, McLellan said, Hutchings has been "reckless."

The judge then said he'd agree to the adjournment and asked Clements
to check his calendar. They agreed on Oct. 22 at 2 p.m.

McLellan said he was still faced with how to protect the public in the
meantime. That's when he announced he was going to remand Hutchings
into custody.

"Sheriff's officers, take him away," McLellan ordered.

The history

According to an 80-page court file, the church first came to the
province's attention in September, when Hutchings posted on social
media that his church would not require masks or proof of vaccination
and would not impose physical distancing or limit the number of people
who attend.

On Sept. 24, the province's updated emergency order said churches must
choose between requiring proof of vaccination or holding services at
50 per cent capacity with distancing, contact tracing lists and no
singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter
any building without permission to ensure compliance with the rules.
Philip and Jamie Hutchings of His Tabernacle Family Church. (Facebook)

On Oct. 1, an official with the province contacted Hutchings and
explained the rules. He agreed to comply, according to the court file.

Two days later, another official attended Sunday service at the
church. According to her affidavit, she was the only person wearing a
mask. She said no one asked for proof of immunization, there was no
physical distancing, and there was congregational singing.

The officer left after about 10 minutes, saying she was uncomfortable
"due to the COVID risks at this service."

Hutchings was then fined for non-compliance on Oct. 6.

On Oct. 8, the province went to court to get an "interlocutory order"
to shut down the church for continued non-compliance, but Hutchings
signed a consent order, agreeing to "make all reasonable efforts to
ensure compliance" with the rules governing faith-based gatherings.

But two days after the agreement was signed, Public Safety visited the
church and videotaped people coming and going, including the footage
that was played in court on Friday.

CBC's Journalistic Standards and Practices



---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, 11 Aug 2021 20:18:40 -0300
Subject: Attn Neil Clements I just called
To: neilclementslaw@gmail.com
Cc: motomaniac333 <motomaniac333@gmail.com>

https://twitter.com/REALDEALNEILC

NeilClements
@REALDEALNEILC
A Father, Lawyer and leader.  His story began by being labeled
educable mentally retarded as a boy. Neil used the “Slight Edge” to
become #THEREALDEALNEIL.
Saint John NB Canada

David Raymond Amos
@DavidRaymondAm1
Replying to  @REALDEALNEILC
You and I should have a long talk soon EH? @CanadianPM @theJagmeetSingh
@MaximeBernier @erinotoole @MPDerekSloan @ElizabethMay @jkenney
@PremierScottMoe @premierbhiggs @CBCNews @CTVNews @RebelNewsOnline
@nytimes


In the "Mean" time please Enjoy

https://www.scribd.com/doc/2718120/Integrity-Yea-Right

Integrity Yea Right
Scribd is the world's largest social reading and publishing site.
scribd.com

(506) 566-8888
Send Message
neilclementslaw@gmail.com

---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 27 Jul 2021 18:57:13 -0300
Subject: Attn David Freiheit I was just talking to your Father
Mortimer and he told me he believed that you were in New Brunswick
right now (spelling corrected
To: david@freiheitlegal.com
Cc: motomaniac333 <motomaniac333@gmail.com>, mfreiheit@freiheitlegal.com

Perhaps we should talk ASAP? My number is 506 434 xxxx

https://www.youtube.com/watch?v=Hae61_DENlI


David Freiheit is Running for Parliament!
81 views
Jul 26, 2021

Chance Of Fluri
390 subscribers

https://www.linkedin.com/in/vivafrei/?originalSubdomain=ca

Freiheit Legal Inc.
445 Viger Ave. Suite 200
Montreal, Quebec
H2Z 2B8

info@freiheitlegal.com 

Tel: (514) 945-3125

Fax: (514) 938-0132

Tel: 514.587.6336
david@freiheitlegal.com

https://www.freiheitlegal.com/index.php/en/mortimer-freiheit




---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 19 Jul 2021 17:09:14 -0300
Subject: YO Karl Fluri and Jean-Marc Michaud Methinks you should say
hey to your hero Rob Carbone and his pals in the RCMP for me N'esy
Pas?
To: karlfluri@gmail.com, onestepabovegod@gmail.com, "steve.murphy"
<steve.murphy@ctv.ca>, jcarpay <jcarpay@jccf.ca>, JKitchen
<JKitchen@jccf.ca>, sheilagunnreid <sheilagunnreid@gmail.com>,
premier@gov.ab.ca, freedomreport.ca@gmail.com, kingpatrick278
<kingpatrick278@gmail.com>, help@sadvocacy.com, info@realchrissky.com,
Office of the Premier <scott.moe@gov.sk.ca>,
stefanos.karatopis@gmail.com
Cc: "Bill.Blair" <Bill.Blair@parl.gc.ca>, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, premier <premier@ontario.ca>, pm
<pm@pm.gc.ca>, Newsroom <Newsroom@globeandmail.com>, Norman Traversy
<traversy.n@gmail.com>

https://www.youtube.com/watch?v=Nh1HATIj0PI&lc=Ugx8m5VezBdf_HHBpj94AaABAg.9PyB1gwZqAU9PzX6mjRuPx

An Actual Interview With Rob CARBONE
550 views
Streamed live 17 hours ago

Chance Of Fluri
375 subscribers
Powered by Restream https://restream.io/ https://cofluri.live/merch
WEBSITE: https://chanceoffluri.ca/
YOUTUBE: https://www.youtube.com/channel/UCj-v...
BACKUP YOUTUBE: https://www.youtube.com/channel/UC2hQ...
BITCHUTE: https://www.bitchute.com/channel/YWFJ...
FACEBOOK: https://www.facebook.com/ChanceOfFluri
TWITTER: https://twitter.com/kpfluri
TWITCH: https://www.twitch.tv/chanceoffluri
PARLER: https://parler.com/profile/kpfluri/po...
DISCORD: https://discordapp.com/invite/TDmgdZb
REDDIT: https://www.reddit.com/r/ChanceofFluri/
RUMBLE: https://rumble.com/c/c-301807
GAB: https://gab.com/TheSplonker
AUDIO FORM Apple podcasts: https://podcasts.apple.com/ca/podcast...
Google podcasts: https://podcasts.google.com/feed/aHR0...
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Tune-in: https://tunein.com/podcasts/News--Pol...
Podchaser: https://podchaser.com/podcasts/chance...
Follow Karl: Twitter - @kpfluri
Parler - @kpfluri
Follow The Splonker Twitter - @TheSplonker Parler - @TheSplonker


David Amos
Too Too Funny Indeed



David Amos
Oh my my I wonder where did the dude "Great News" went after he
replied to me Welcoming him to the circus???

David Amos
True or False???
Great News said "David Amos you know, after careful consideration. I
can safely say that both men are liars and narcissists. I call it a
circus because it is. Does that take away anything from the amazing
job the boys did? Not even in the slightest. This was legendary stuff"



Chance Of Fluri
 @David Amos  You're invited to have a chat with us on the show.




David Amos
Now you are deleting your own insulting comment threads Need I say
more about your severe lack of Integrity? Methinks you ust know by now
that just like your hero Carbone I save everything and share it with
his pals in the RCMP N'esy Pa?

True or False???

Pinned by Chance Of Fluri
Chance Of Fluri
Howdy everyone. Hope you enjoy the interview. We had a lot of fun.
Please note that some if you comment anything and it gets taken down,
we have no control over this. We don't delete comments. However,
YouTube seems to be taking some down with no rhyme or reason. We just
want to make that clear. Enjoy!

David Amos
Methinks I heard that song and dance before N'esy Pas?

Chance Of Fluri
@David Amos If you think we're lying you can address this on our show.
You've been invited multiple times. Cheers.

David Amos
@Chance Of Fluri There is nothing cheery about my concerns and I will
be damned if I will provide entertainment for you and your fans

Chance Of Fluri
David Amos We have plenty of videos of your public appearances we can
go through for entertainment value.



On 7/15/21, David Amos <david.raymond.amos333@gmail.com> wrote:
> ---------- Forwarded message ----------
> From: Chance Of Fluri <onestepabovegod@gmail.com>
> Date: Thu, 15 Jul 2021 11:19:02 -0400
> Subject: Re: YO Karl Fluri and Jean-Marc Michaud Why are you deleting
> my comments??? Methinks its for your buddy Chrissy Baby Sky's benefit
> N'esy Pas?
> To: David Amos <david.raymond.amos333@gmail.com>
>
> You know how to work discord? Hop on and we can talk.
>
>
>
> ---------- Forwarded message ----------
> From: YouTube <noreply@youtube.com>
> Date: Thu, 15 Jul 2021 09:34:57 -0700
> Subject: Alex Page replied to you
> To: David Amos <david.raymond.amos333@gmail.com>
>
> Alex Page replied to you
> Alex Page replied to your reply on David Amos's comment
> Reply: David Amos Troll?
> Video: http://www.youtube.com/watch?v=xSYnXFS7tIc&feature=em-comments
> Reply:
> http://www.youtube.com/watch?v=xSYnXFS7tIc&lc=UgyOtxw6g6akd-x95IJ4AaABAg.9PnrJVLxrhA9PpCYgPAz3J&feature=em-comments
> Unsubscribe:
> http://www.youtube.com/email_unsubscribe?uid=HI9BSxLVOnJkvYTVZlxvbA&action_unsubscribe=6prQeanawVyW4XdDz_8JLiLkmHN8MTYyNjM2Njg5N0AxNjI2MzY2ODk3&feature=em-comments
>
> ---------- Forwarded message ----------
> From: YouTube <noreply@youtube.com>
> Date: Thu, 15 Jul 2021 09:44:26 -0700
> Subject: New reply to a comment on "An Interview With Chris Sky"
> To: David Amos <david.raymond.amos333@gmail.com>
>
> New reply to a comment on "An Interview With Chris Sky"
> 🌟 Chance Of Fluri replied to David Amos's comment
> Reply: seems you have nothing of substance to say
> Video: http://www.youtube.com/watch?v=xSYnXFS7tIc&feature=em-comments
> Reply:
> http://www.youtube.com/watch?v=xSYnXFS7tIc&lc=UgyOtxw6g6akd-x95IJ4AaABAg.9PnrJVLxrhA9PpDdEHDcsD&feature=em-comments
> Unsubscribe:
> http://www.youtube.com/email_unsubscribe?uid=HI9BSxLVOnJkvYTVZlxvbA&action_unsubscribe=L4oKQucY51tGNk6nQv2enXpoPlB8MTYyNjM2NzQ2NkAxNjI2MzY3NDY2&feature=em-comments
>
> On 7/15/21, David Amos <david.raymond.amos333@gmail.com> wrote:
>> ---------- Forwarded message ----------
>> From: Premier of Ontario | Premier ministre de l’Ontario
>> <Premier@ontario.ca>
>> Date: Thu, 15 Jul 2021 15:17:33 +0000
>> Subject: Automatic reply: YO Karl Fluri and Jean-Marc Michaud Why are
>> you deleting my comments??? Methinks its for your buddy Chrissy Baby
>> Sky's benefit N'esy Pas?
>> To: David Amos <david.raymond.amos333@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.
>>
>>
>>
>>
>>
>> On 7/15/21, David Amos <david.raymond.amos333@gmail.com> wrote:
>>> ---------- Forwarded message ----------
>>> From: Newsroom <newsroom@globeandmail.com>
>>> Date: Thu, 15 Jul 2021 15:02:19 +0000
>>> Subject: Automatic reply: YO Karl Fluri and Jean-Marc Michaud Why are
>>> you deleting my comments??? Methinks its for your buddy Chrissy Baby
>>> Sky's benefit N'esy Pas?
>>> To: David Amos <david.raymond.amos333@gmail.com>
>>>
>>> Thank you for contacting The Globe and Mail.
>>>
>>> If your matter pertains to newspaper delivery or you require technical
>>> support, please contact our Customer Service department at
>>> 1-800-387-5400 or send an email to customerservice@globeandmail.com
>>>
>>> If you are reporting a factual error please forward your email to
>>> publiceditor@globeandmail.com<mailto:publiceditor@globeandmail.com>
>>>
>>> Letters to the Editor can be sent to letters@globeandmail.com
>>>
>>> This is the correct email address for requests for news coverage and
>>> press releases.
>>>
>>> On 7/15/21, David Amos <david.raymond.amos333@gmail.com> wrote:
>>>> https://www.youtube.com/watch?v=xSYnXFS7tIc
>>>>
>>>> An Interview With Chris Sky
>>>> 162 views
>>>> Streamed live 5 hours ago
>>>> Chance Of Fluri
>>>> 363 subscribers
>>>>  0 Comments
>>>>
>>>> David Amos
>>>> 6 minutes ago
>>>> Why are you deleting my comments???
>>>>
>>>> David Amos
>>>> 9 minutes ago
>>>> Ontario anti-masker arrested at Moncton airport
>>>>
>>>> Police have yet to say what the charges will be
>>>> Alexandre Silberman · CBC News · Posted: Oct 10, 2020 7:50 PM AT |
>>>> Last Updated: October 10, 2020
>>>>
>>>> RCMP responded to a disturbance at the Greater Moncton Roméo LeBlanc
>>>> International Airport. (Photo: Shane Magee/CBC News)
>>>>
>>>> An anti-mask activist from Ontario was arrested at the Greater Moncton
>>>>  Roméo LeBlanc International Airport Friday and is now facing charges.
>>>>
>>>> Christopher Saccoccia, who goes by the name Chris Sky on social media,
>>>> posted a video to Facebook which he claims shows his arrest in
>>>> Moncton.
>>>>
>>>> In the video, Saccoccia can be seen holding what he claims to be a
>>>> "note from a medical professional" in a verbal exchange with a WestJet
>>>> flight attendant.
>>>>
>>>> Later in the footage, a police officer is pictured arriving inside the
>>>> aircraft and telling Saccoccia he is under arrest for causing a
>>>> disturbance. He is then escorted off the plane by RCMP.
>>>>
>>>> RCMP in New Brunswick confirm a man was arrested at the airport Friday
>>>> afternoon after arriving on a flight from Ontario.
>>>>
>>>> Sgt. Jean-François Martel said members of the Codiac Regional RCMP
>>>> responded to a report of "a disturbance" at the airport.
>>>>
>>>> "After being released from police custody, RCMP and officials from the
>>>> Department of Justice and the Department of Public Safety escorted him
>>>> back to the Moncton airport, where he took a flight out of the
>>>> Atlantic region," he said.
>>>>
>>>> Martel would not confirm the individual's name but said a 37-year-old
>>>> man from King City, Ont., is scheduled to appear in court to face
>>>> charges on Jan. 25. He could not say what the charges are.
>>>>
>>>> Anyone entering Atlantic Canada from outside the region is required to
>>>> self-isolate for 14 days.
>>>> Chris Saccoccia speaking at an anti-mask demonstration in Toronto.
>>>> (CBC)
>>>>
>>>> Saccoccia has attended several anti-mask demonstrations and spoken out
>>>> against public health measures and was expected to attend anti-mask
>>>> rallies in New Brunswick and Nova Scotia over the weekend.
>>>>
>>>> Last week, he was charged with breaking federal quarantine rules after
>>>> allegedly attending a demonstration with 500 mask-free people, less
>>>> than two weeks after returning from an international trip.
>>>>
>>>> Friday was the first day non-medical face masks became mandatory in
>>>> most indoor public places in New Brunswick.
>>>>
>>>> Medical professionals point to strong evidence that non-medical face
>>>> masks are highly effective in reducing the spread of COVID-19.
>>>>
>>>> David Amos
>>>> 28 minutes ago
>>>> Methinks Chrissy Baby did crash the event just as he bragged
>>>>
>>>>
>>>> https://www.blogto.com/city/2021/07/chaos-anti-maskers-residents-chris-sky-event-toronto/
>>>>
>>>>
>>>> Chaos erupts between anti-maskers and residents at Chris Sky event in
>>>> Toronto
>>>> Stay in the loop
>>>>
>>>> Toronto's Kensington-Chinatown is still reeling this week after a
>>>> public debate event — which included prominent lockdown and mask
>>>> opponent Chris Sky — took over the public space in front of a shopping
>>>> centre and cultural hub on Saturday.
>>>>
>>>> Residents and organizations warned one another in the days leading up
>>>> to the rally, which was billed as a community action event that "was
>>>> supposed to feature diverse voices at variance with the anti-mask/vaxx
>>>> movement" in front of the Chinatown Centre on Spadina south of Dundas.
>>>>
>>>> It was also meant to mark the opening of a new "weed-friendly outdoor
>>>> comedy venue" called 420 Cannabis Court, which led to some confusion
>>>> about the nature of the talk.
>>>>
>>>> The event was organized by local lawyer and activist Caryma Sa'd, who
>>>> was to interview Sky given the duo's online beef with one another —
>>>> but community members feared that having the face of the Canadian
>>>> anti-vax movement on the premises and providing him with any sort of
>>>> platform would not go over well.
>>>>
>>>> The event was especially concerning given the fact that there have
>>>> been some barriers to vaccination for the neighbourhood, which has
>>>> become one of the priority areas in Toronto for getting first and
>>>> second doses administered.
>>>>
>>>> Friends of Chinatown wrote in a social media posts late last week that
>>>> Sky and those surrounding him and his movement are also "known for
>>>> their overlapping participation in white-supremacist,
>>>> Holocaust-denying, racist circles."
>>>>
>>>> Worries about the risks posed to community members swirled as the
>>>> event proceeded despite some pushback from the public and a noted lack
>>>> of permission from the mall itself.
>>>>
>>>> Community activists quickly arrived on scene for "a no-engagement,
>>>> no-violence occupation of the space," accounts from the event read,
>>>> while members from the anti-mask crowd likewise showed to watch Sky
>>>> speak.
>>>>
>>>> Attendees who documented the affair on social media cited belligerence
>>>> and aggression from the anti-masker camp — who surrounded Sky like a
>>>> celebrity — as well as confrontations between members of the crowd,
>>>> some of whom had formed a blockade to prevent Sky from speaking.
>>>>
>>>> Sky arrived to take the stage around 10 p.m., though Sa'd was
>>>> allegedly nowhere to be seen. Some accounts state that she had
>>>> retreated into her building, where she had hoped to conduct the
>>>> interview instead given the tensions in the courtyard.
>>>>
>>>> The whole ordeal turned somewhat violent as both sides clashed,
>>>> leading community demonstrators to eventually evacuate the scene and
>>>> police to arrive.
>>>>
>>>> Apparently the anti-mask crowd, some of whom were making comments
>>>> about Sa'd "hiring ANTIFA" to boycott Sky's appearance, stayed back
>>>> for some time, with witnesses stating they were still present as of
>>>> 11:30 p.m.
>>>>
>>>> "They set me up with 50 armed antifa with a barricade? Lol you think
>>>> that could stop me?" Sky himself wrote on Twitter shortly before 1
>>>> a.m. today.
>>>>
>>>> Sa'd herself has publicly blamed Friends of Chinatown for the conflict
>>>> that unfolded.
>>>>
>>>> "You turned an event that was supposed to feature diverse voices at
>>>> variance with the anti-mask/vaxx movement into a Chris Sky rally," she
>>>> wrote on Twitter around 11 p.m. Saturday, along with a video clip that
>>>> appears to be taken from inside Chinatown Centre, looking onto the
>>>> disturbance.
>>>>
>>>> "He was never going to be 'platformed' in the context of my event.
>>>> Your so-called counter protest created violence."
>>>>
>>>> Sa'd explained her motivations for the event prior to the evening,
>>>> saying that "necessary precautions" were going to be taken.
>>>>
>>>> "As we've seen time & again, it isn’t possible to debate (or even
>>>> converse with) someone like Chris Sky. But I want to try breaking into
>>>> the echo chamber in my way," she wrote on Instagram.
>>>>
>>>> She is now facing some hefty backlash online, and claimed yesterday
>>>> that she will be releasing a formal statement on the incident "when
>>>> I'm less heated."
>>>>
>>>> "Please know that I'm not reading any of your tweets, so go ahead and
>>>> spout off," she continued in a tweet on Sunday evening. "There is a
>>>> lot more to this situation than meets the eye, including mall politics
>>>> at the Chinatown Centre."
>>>> Lead photo by
>>>>
>>>> Keven Ages
>>>>
>>>> https://www.sadvocacy.com/
>>>>
>>>> [S]ADVOCACY Professional Corporation
>>>>
>>>>
>>>> Caryma Sa’d is a prominent lawyer whose cases and legal commentary
>>>> have been featured by local, national, and international media
>>>> outlets. She is dedicated to achieving the best possible outcome for
>>>> her clients.
>>>>
>>>> Let’s talk about you. Please contact Caryma directly to arrange an
>>>> appointment. She will get back to you within 24 hours to set up your
>>>> initial consultation.
>>>>
>>>> Caryma Sa'd
>>>> Called to the bar: 2016 (ON)
>>>> [s]advocacy
>>>> 222 Spadina Ave., Suite 276
>>>> Toronto, Ontario M5T 3B3
>>>> Phone: 647-360-7182
>>>> Fax: 647-360-7192
>>>> Email: help@sadvocacy.com
>>>>
>>>>
>>>>
>>>> https://www.blogto.com/city/2021/07/debate-toronto-chris-sky/
>>>>
>>>> Tensions build in Toronto ahead of public debate against anti-masker
>>>> Chris
>>>> Sky
>>>> Stay in the loop
>>>>
>>>>
>>>> A local community group is urging the organizers of a Saturday event
>>>> in Toronto's Chinatown neighbourhood to reconsider the potential
>>>> repercussions of pitting two prominent voices from opposite sides of
>>>> the political spectrum against one another during a live, in-person
>>>> public face-off.
>>>>
>>>> Toronto lawyer, activist and artist Caryma Sa'd is scheduled to
>>>> interview the famously antagonistic anti-lockdown poster boy Chris Sky
>>>> (real name Chris Saccoccia) on July 10 at a new "weed-friendly outdoor
>>>> comedy venue" called 420 Cannabis Court.
>>>>
>>>> An exact time for the event will not be released until the day of, but
>>>> promotional materials promise that it will be streamed live. NOW
>>>> Magazine reports that 25 people will also be allowed to watch the show
>>>> in person.
>>>>
>>>> The IRL event will be outdoors, held within the courtyard of Chinatown
>>>> Centre at 222 Spadina Ave., a space otherwise known as the Chinatown
>>>> Anti Displacement Garden.
>>>>
>>>> It's also of note that Sa'd and Sky have been beefing online, very
>>>> publicly, for months.
>>>>
>>>> "As members of the downtown Chinatown and Kensington community, we are
>>>> deeply concerned that an event has been planned for this Saturday,
>>>> July 10th, platforming a known racist anti-vax public figure in the
>>>> Chinatown Anti-Displacement Garden, located in the courtyard of the
>>>> Chinatown Centre on Spadina Ave.," reads a message distributed by the
>>>> Friends of Kensington Market (FOTM) on Friday.
>>>>
>>>> Calling Sky a "known agitator from anti-mask, anti-lockdown, and
>>>> anti-vax rallies across the country," the group points out that Sky
>>>> was recently arrested and criminally charged for allegedly uttering
>>>> death threats, assaulting a peace officer with a weapon, and the
>>>> dangerous operation of a vehicle.
>>>>
>>>> And that's just the tip of the iceberg in terms of the 37-year-old
>>>> public figure's legal troubles: He's been arrested and charged
>>>> multiple times since the pandemic hit for violating the federal
>>>> quarantine act and causing disturbances, among other things.
>>>>
>>>> "Using his public platform and private social networks, Sky inspires
>>>> copycat actions such as the harassment of small and large businesses
>>>> on camera," reads the FOTM post.
>>>>
>>>> "We have concerns that those sharing his sentiments against businesses
>>>> and racialized individuals will be in attendance, resistant to
>>>> following the 'physical distancing' advertised in event promotions."
>>>>
>>>> FOKM is concerned that the event could put vulnerable community
>>>> members at risk, as Sky's anti-mask supporters obviously refuse to
>>>> abide by most public health orders.
>>>>
>>>> "A crowd of unvaccinated anti-maskers would endanger racialized,
>>>> senior community members, especially during a time when various
>>>> grassroots organizations have been working to get first and second
>>>> doses to the neighbourhood with one of the lowest vaccination rates in
>>>> the city," the group continues.
>>>>
>>>> "As community members we do not condone this event, and we express our
>>>> genuine concern for those who live and work in the neighbourhood. We
>>>> urge that this event be canceled for the safety of the community."
>>>>
>>>> Sa'd addressed the concerns on Instagram Friday afternoon, writing on
>>>> Instagram that "contingency plans are in place for as many variables
>>>> as I could imagine."
>>>>
>>>> "As we've seen time and again, it isn't possible to debate (or even
>>>> converse with) someone like Chris Sky," wrote the prominent Toronto
>>>> lawyer. "But I want to try breaking into the echo chamber in my way."
>>>>
>>>> Said Sky of the event on Instagram: "Because I welcome dissenting
>>>> voices... and we all know she's been DYING to meet me."
>>>>
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: David Amos <david.raymond.amos333@gmail.com>
>>>> Date: Tue, 13 Jul 2021 18:54:40 -0300
>>>> Subject: Fwd: RE I Understand you may have information for me which
>>>> might assist in my upcoming defense against the Crown here in
>>>> Manitoba.
>>>> To: reicherpete@gmail.com, art <art@streetchurch.ca>
>>>>
>>>> https://www.jccf.ca/court_cases/calgary-v-reicher/
>>>>
>>>>
>>>> Calgary v. Reicher
>>>>
>>>> Posted On: October 15, 2019
>>>>
>>>> In December 2015, Peter Reicher was standing by the entrance to a
>>>> Calgary CTrain station handing out postcards which invited people to
>>>> attend his church’s free New Year’s concert. Despite the fact that Mr.
>>>> Reicher was not impeding pedestrian flow or causing any problems, he
>>>> was ordered to stop by a Calgary Transit officer.  The officer told
>>>> him that he was not allowed to distribute postcards there and ordered
>>>> him to move across the street.
>>>>
>>>> Mr. Reicher complied and crossed to the other side of the road which
>>>> parallels the train tracks, and continued handing out postcards on the
>>>> pedestrian overpass that links the sidewalk to the CTrain station.  A
>>>> short while later, Mr. Reicher was again ordered to stop, this time by
>>>> two Transit officers, who issued him a $250 ticket for violating a
>>>> Calgary bylaw that prohibits passing out written materials without the
>>>> prior approval of a city official.
>>>>
>>>> Believing that his freedom of expression had been violated, Mr.
>>>> Reicher contacted the Justice Centre.  The requirement to receive
>>>> prior permission before handing out literature was found to be
>>>> unconstitutional by the Supreme Court of Canada in the case of Saumur
>>>> v City of Quebec, [1953] 2 SCR 299.  There, Justice Locke stated that
>>>> “the true purpose of the by-law is not to regulate traffic in the
>>>> streets but to impose a censorship on the written expression of
>>>> religious views and their dissemina­tion, a constitutional right of
>>>> all of the people of Canada….”
>>>>
>>>> The Justice Centre encouraged Mr. Reicher to assert his freedom of
>>>> expression and provided him with guidance and advice in navigating the
>>>> initial steps in the proceedings.  Shortly after City prosecutors
>>>> became aware that a Charter defense would be raised, they informed Mr.
>>>> Reicher that they would be withdrawing the charge for violating the
>>>> bylaw.
>>>>
>>>> https://www.rebelnews.com/pastor_peter_reicher_served_by_police_canada_has_become_communist
>>>>
>>>>  BREAKING: Pastor Peter Reicher served by police: “Canada has become
>>>> communist”
>>>>
>>>>     By Rebel News | June 11, 2021
>>>>
>>>>
>>>> Pastor Peter Reicher has just been served by police with Justice
>>>> Rooke’s wide-sweeping injunction and must now attend a provincial
>>>> court.
>>>>
>>>> Peter has recently taken over pastoral duties at Artur Pawlowski's
>>>> church in Calgary, Alberta.
>>>>
>>>> Pastor Peter's wife Axa livestreamed the police visit this afternoon,
>>>> telling the cops that “the devil has deceived you!”
>>>>
>>>> “I have a recommendation for you,” Axa told another officer. “You need
>>>> to go home and repent! Because what [you're doing is] criminal.”
>>>>
>>>> After asking the officer if he believes in God, Axa asked: “So you get
>>>> paid to persecute Christians?” “We get paid to do our job, yes,”
>>>> answered the officer.
>>>>
>>>> For further information or to sign up you may respond to this email
>>>> reicherpete@gmail.com, contact me personally at 403-870-0226 (text
>>>> message preferred please) or you may contact Pastor Artur Pawlowski at
>>>> 403-607-4434 or email him at art
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: David Amos <david.raymond.amos333@gmail.com>
>>>> Date: Tue, 13 Jul 2021 18:03:42 -0300
>>>> Subject: RE I Understand you may have information for me which might
>>>> assist in my upcoming defense against the Crown here in Manitoba.
>>>>
>>>>
>>>> https://davidraymondamos3.blogspot.com/2021/07/sheila-gunn-reid-and-her-sneaky-cohorts.html
>>>>
>>>> Sunday, 11 July 2021
>>>> Sheila Gunn Reid and her sneaky cohorts know why the lawyers Leighton
>>>> Grey and Yoav Niv denied getting phone calls and emails from me
>>>>
>>>>  https://www.youtube.com/watch?v=sGKyxon003o
>>>>
>>>>
>>>> Manitoba Premier Brian Pallister continues to target political
>>>> opponents with arrests and detentions
>>>> 8,902 views
>>>> Jul 11, 2021
>>>>
>>>> Rebel News
>>>>  1.47M subscribers
>>>> Previously a chiropractor, now turned political activist in Manitoba,
>>>> Dr. Gerry Bohemier was arrested and held in police custody for the
>>>> crime of protesting the lockdown. Dr. Bohemier was arrested on a
>>>> warrant issued by a Manitoba justice, even though it was arguably not
>>>> for an arrestable offence. However, under Premier Brian Pallister this
>>>> seems not to matter, as he has so far only considered the point of
>>>> view presented by a small minority of hypochondriacs in the province.
>>>> ► FULL REPORT: https://rebelne.ws/3xtWkuW
>>>>
>>>>
>>>> Manitoba
>>>>
>>>> Bio Frequency Consulting, Dr. Jerry – P.O. Box 72, Beau Sejour MB R0E
>>>> 0C0 - 204-797-6311
>>>>
>>>>
>>>>
>>>> https://www.cbc.ca/news/canada/manitoba/manitoba-chief-justice-followed-private-investigator-1.6099124
>>>>
>>>>
>>>> Manitoba chief justice says private investigator followed him in
>>>> attempt to catch him breaking COVID-19 rules
>>>>
>>>> Justice Glenn Joyal currently presiding over court challenge to
>>>> pandemic restrictions
>>>>
>>>> Sarah Petz · CBC News · Posted: Jul 12, 2021 10:43 AM CT
>>>>
>>>>
>>>> ---------- Original message ----------
>>>> From: "
>>>> Date: Tue, 13 Jul 2021 15:49:24 -0500
>>>> Subject: I Understand you may have information for me which might
>>>> assist in my upcoming defense against the Crown here in Manitoba.
>>>> To: david.raymond.amos333@gmail.com
>>>>
>>>> Dear Mr. Amos,
>>>> I have received information from a friend that I should communicate
>>>> with
>>>> you regarding my upcoming hearing scheduled for* tomorrow* July 14th
>>>> 2021
>>>> regarding (9) nine tickets received for my participation in several
>>>> rallies in Manitoba over the last year and a half.  All rallies were to
>>>> protest the loss of our freedoms of speech, our rights to assemble,
>>>> our
>>>> rights of body autonomy and especially in my case our rights not to be
>>>> obliged to adhere to Medical orthodoxy dictates.   The charges are all
>>>> the
>>>> same on all the 9 tickets: "Failing to comply to emergency Health
>>>> orders".
>>>>
>>>> Any information and/or documents which could support my innocence would
>>>> greatly be appreciated.
>>>>
>>>> I will forward these documents or information to my legal
>>>> representative
>>>> Mr. Stephen Whitehead  of the Law firm  Grey Wowk Spencer of Cold Lake
>>>> Alberta.
>>>>
>>>> I will advise him to forward a copy tothe Crown and copy me to that
>>>> effect.
>>>>
>>>> Thank you in advance for your interest in this matter. I llok forward
>>>> to
>>>> your reply.
>>>>
>>>> Respectfully,
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: Freedom Report <freedomreport.ca@gmail.com>
>>>> Date: Wed, 12 May 2021 15:08:06 -0600
>>>> Subject: Re: YO Mayor Nenshi Methinks Tyson Fedor and his CTV cohorts
>>>> have informed us that you want Kevin Johnston locked up just as he
>>>> wishes the same for you Nesy Pas?
>>>> To: David Amos <david.raymond.amos333@gmail.com>
>>>>
>>>> Is that the law firm for naheed nenshi?
>>>>
>>>>
>>>> GO FIGURE Why Chris Scott should have printed this document
>>>>
>>>>
>>>> https://www.scribd.com/doc/2718120/Integrity-Yea-Right
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: Premier <PREMIER@leg.gov.mb.ca>
>>>> Date: Wed, 12 May 2021 01:23:08 +0000
>>>> Subject: Auto Reply Premier’s Secretariat
>>>> To: David Amos <david.raymond.amos333@gmail.com>
>>>>
>>>>
>>>> On behalf of The Honourable Brian Pallister, Premier of Manitoba, we
>>>> would like to acknowledge receipt of your email.
>>>>
>>>> Please note that this is an automated response to let you know that
>>>> your email has been received and that it will be reviewed at the
>>>> earliest opportunity.
>>>>
>>>> We encourage you to keep updated on the latest Pandemic information by
>>>> visiting Manitoba COVID-19 webpage<https://manitoba.ca/covid19/>.
>>>>
>>>> If you feel you are experiencing symptoms we encourage you to visit
>>>> our online screening
>>>> tool<https://sharedhealthmb.ca/covid19/screening-tool/>.
>>>>
>>>> If you are ill, or concerned about potentially being in contact with
>>>> COVID-19, please contact Health Links – Info
>>>> Santé<https://misericordia.mb.ca/programs/phcc/health-links-info-sante/>
>>>> at 204-788-8200<tel:204-788-8200> or
>>>> 1-888-315-9257<tel:1-888-315-9257>.
>>>>
>>>> To learn more about the current public health restrictions in your
>>>> area please visit the #RestartMB Pandemic Response System
>>>> webpage<https://www.gov.mb.ca/covid19/restartmb/prs/>.
>>>>
>>>> If you have any questions about the restrictions or the pandemic
>>>> response system please visit
>>>> EngageMB<https://engagemb.ca/restartmb-pandemic-response-system>.
>>>>
>>>> If you are emailing to report a public health violation please fill
>>>> out our online web form at
>>>> www.manitoba.ca/enforcement<http://www.manitoba.ca/enforcement>, or by
>>>> calling 204-945-3744 or 1-866-626-4862 (toll free) and press option
>>>> three.
>>>>
>>>> We encourage all Manitobans to focus on the fundamentals to stay safe
>>>> and healthy.
>>>>
>>>> Thank you to taking the time to share your thoughts with us.
>>>>
>>>>
>>>> Premier’s Correspondence Team
>>>> Executive Council
>>>> Government of Manitoba
>>>>
>>>> ******************************
>>>>
>>>>
>>>> Au nom de Brian Pallister, premier ministre du Manitoba, nous accusons
>>>> réception de votre courriel.
>>>>
>>>> Veuillez noter qu’il s’agit d’une réponse automatique vous informant
>>>> que nous avons reçu votre courriel et que nous l’étudierons dans les
>>>> plus brefs délais.
>>>>
>>>> Nous vous invitons à vous tenir au courant des dernières informations
>>>> sur la pandémie en consultant la page Web du Manitoba sur la
>>>> COVID-19<https://manitoba.ca/covid19/index.fr.html>.
>>>>
>>>> Si vous ressentez des symptômes, nous vous encourageons à consulter
>>>> notre outil de
>>>> dépistage<https://covid19.soinscommunsmb.ca/covid19/outil-de-depistage/>.
>>>>
>>>> Si vous êtes malade, ou si vous craignez d’avoir été en contact avec
>>>> la COVID‑19, veuillez contacter Health Links – Info
>>>> Santé<https://misericordia.mb.ca/programs/phcc/health-links-info-sante/>
>>>> au 204‑788‑8200<tel:204-788-8200> ou au
>>>> 1‑888‑315‑9257<tel:1-888-315-9257>.
>>>>
>>>> Pour en savoir plus sur les restrictions actuelles en matière de santé
>>>> publique dans votre région, consultez la page Web Système de riposte à
>>>> la pandémie de #RelanceMB.
>>>> <https://www.gov.mb.ca/covid19/restartmb/prs/index.fr.html>
>>>>
>>>> Si vous avez des questions concernant les restrictions ou le système
>>>> de riposte à la pandémie, veuillez consulter le site Web Participation
>>>> MB.<https://participationmb.ca/>
>>>>
>>>> Si vous souhaitez signaler une infraction à la santé publique par
>>>> courriel, veuillez remplir notre formulaire en ligne à
>>>> www.manitoba.ca/application<https://forms.gov.mb.ca/covid-tip-line/index.fr.html>
>>>> ou composer le 204‑945‑3744 ou le 1‑866‑626‑4862 (sans frais), puis
>>>> appuyer sur l’option trois.
>>>>
>>>> Nous demandons à toute la population manitobaine de prêter attention
>>>> aux mesures fondamentales pour rester en sécurité et en bonne santé.
>>>>
>>>> Merci d’avoir pris le temps de partager vos pensées avec nous.
>>>>
>>>>
>>>> Équipe chargée de la correspondance du premier ministre
>>>> Conseil exécutif
>>>> Gouvernement du Manitoba
>>>>
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: David Amos <david.raymond.amos333@gmail.com>
>>>> Date: Tue, 11 May 2021 22:22:50 -0300
>>>> Subject: YO Mayor Nenshi Trust that your lawyer Jill Floen should not
>>>> deny that I tried to talk to her after Adam Toy published his article
>>>> about Kevin Johnston
>>>> To: Jill.Floen@calgary.ca, themayor <themayor@calgary.ca>,
>>>> freedomreport.ca@gmail.com, Grace@graceyanformayor.com,
>>>> voteshaoliwang@gmail.com, sunnycanada79@hotmail.com,
>>>> teddy4mayor2021@gmail.com, contact@zane4mayor.ca,
>>>> deanhopkinsyyc@gmail.com, jerusalem1@shaw.ca, info@brad-field.ca,
>>>> khchiang@yahoo.ca, info@jandamery.com, info@jeromy.ca,
>>>> info@zacformayor.com
>>>> Cc: motomaniac333 <motomaniac333@gmail.com>,
>>>> Ian.Shugart@pco-bcp.gc.ca, Kevin.leahy@rcmp-grc.gc.ca,
>>>> erin.otoole@parl.gc.ca, jagmeet.singh@parl.gc.ca, premier
>>>> <premier@gov.ab.ca>, lawdepartment@calgary.ca, cps
>>>> <cps@calgarypolice.ca>, meghan.grant@cbc.ca, ezra@rebelmedia.com,
>>>> premier <premier@ontario.ca>, premier <premier@gov.bc.ca>, premier
>>>> <premier@leg.gov.mb.ca>, PREMIER <PREMIER@gov.ns.ca>, "blaine.higgs"
>>>> <blaine.higgs@gnb.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
>>>> <Katie.Telford@pmo-cpm.gc.ca>, "Bill.Blair" <Bill.Blair@parl.gc.ca>,
>>>> "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey"
>>>> <barbara.massey@rcmp-grc.gc.ca>, mcu <mcu@justice.gc.ca>, Nathalie
>>>> Sturgeon <sturgeon.nathalie@brunswicknews.com>, "Nathalie.Drouin"
>>>> <Nathalie.Drouin@justice.gc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
>>>> Office of the Premier <scott.moe@gov.sk.ca>,
>>>> Newsroom@globeandmail.com, sheilagunnreid <sheilagunnreid@gmail.com>
>>>>
>>>> Deja Vu Anyone??? If not scroll down
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: David Amos <david.raymond.amos333@gmail.com>
>>>> Date: Sat, 8 May 2021 22:50:57 -0300
>>>> Subject: Hey Chris I sure hope that you printed the document I
>>>> suggested and said Hey to the RCMP for me
>>>> To: chris.scott@whistlestoptruckstop.ca, sheilagunnreid
>>>> <sheilagunnreid@gmail.com>, ministryofjustice@gov.ab.ca, premier
>>>> <premier@ontario.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>,
>>>> "Bill.Blair" <Bill.Blair@parl.gc.ca>, "barbara.massey"
>>>> <barbara.massey@rcmp-grc.gc.ca>, premier <premier@gov.ab.ca>,
>>>> "blaine.higgs" <blaine.higgs@gnb.ca>, "hugh.flemming"
>>>> <hugh.flemming@gnb.ca>
>>>> Cc: motomaniac333 <motomaniac333@gmail.com>
>>>>
>>>> https://www.cbc.ca/news/canada/edmonton/whistle-stop-campout-protest-1.6019583
>>>>
>>>> Cafe owner arrested, dozens ticketed leaving anti-restriction protest
>>>> in
>>>> Alberta
>>>>
>>>>
>>>> Anti-restriction protest at Whistle Stop Cafe goes ahead despite
>>>> injunction
>>>> The Canadian Press · Posted: May 08, 2021 3:38 PM MT
>>>>
>>>> https://calgary.ctvnews.ca/calgary-mayoral-candidate-pastor-both-released-after-alleged-covid-19-violations-1.5432410
>>>>
>>>> Calgary mayoral candidate, pastor both released after alleged COVID-19
>>>> violations
>>>> Bill Graveland
>>>>
>>>> Published Tuesday, May 18, 2021 6:11AM MDT
>>>>
>>>> https://calgaryherald.com/news/crime/mayoral-candidate-pastor-granted-release-pending-contempt-hearing-for-breaching-public-health-orders
>>>>
>>>> Mayoral candidate, pastor granted release pending contempt hearing for
>>>> breaching public health orders
>>>> Calgary Herald
>>>> Publishing date: May 17, 2021
>>>>
>>>> Kevin J. Johnston outside of GraceLife Church on Sunday March 14,
>>>> 2021. Photo by Larry Wong/Postmedia
>>>>
>>>> Mayoral candidate Kevin J. Johnston was granted his release Monday
>>>> after being arrested Saturday for breaching a court order that
>>>> required him to comply with COVID-19 public health restrictions.
>>>>
>>>> But Johnston complained the condition of his release — that he comply
>>>> with masking requirements, along with other orders issued by chief
>>>> medical officer of health Dr. Deena Hinshaw — might be difficult for
>>>> him to follow, pending a June 16 contempt of court hearing.
>>>>
>>>> “I’m already feeling the anxiety,” Johnston told a virtual court
>>>> hearing, as he sat, masked, in the prisoner’s box in a Calgary Court
>>>> of Queen’s Bench courtroom where the judge and lawyers appeared on
>>>> video link.
>>>>
>>>> “I simply cannot wear a mask for that period of time,” he said. “I’m
>>>> already feeling the anxiety of this right now and I’m sweating. I’m
>>>> bothered by having to have this on; I could not possibly wear a mask
>>>> for that entire amount of time.”
>>>>
>>>> But Justice Adam Germain told Johnston that he wouldn’t have to wear a
>>>> mask 24 hours a day; he only had to comply with restrictions regarding
>>>> masking, social distancing and limited attendance at gatherings.
>>>>
>>>> “There’s nothing in these health orders that requires you to wear a
>>>> mask in your own abode,” the judge said. “(Your lawyer Ian) McCuaig
>>>> will get the health orders and brief you on them.”
>>>>
>>>> McCuaig, who appeared via WebEx from his Toronto office, said Johnston
>>>> might raise issues of free speech as a political candidate as a
>>>> defence to his alleged breach of the court order restricting his
>>>> activities.
>>>>
>>>> Before Johnston’s court appearance, Fairview Baptist Church pastor Tim
>>>> Stephens appeared for his release hearing.
>>>>
>>>> Albert Health Services lawyer Kyle Fowler agreed to his release on
>>>> condition he comply with a May 6 order prohibiting non-compliance with
>>>> public heath guidelines.
>>>>
>>>> Lawyer Leighton Grey said Stephens, who was arrested Sunday for
>>>> holding a service without complying with the restrictions, may argue
>>>> an amendment to the initial court order of Justice John Rooke meant
>>>> that pronouncement no longer applied to the pastor.
>>>>
>>>> He too will face a contempt hearing on June 16.
>>>>
>>>> https://www.fieldlaw.com/People/J-Mark-Jackson
>>>>
>>>> J. Mark Jackson QC, Partner
>>>> 2500 - 10175 101 ST NW
>>>> Edmonton, AB T5J 0H3
>>>> T780-423-9589
>>>> F780-428-9329
>>>> mjackson@fieldlaw.com
>>>>
>>>> Jaclyn Nosyk
>>>> Legal Assistant
>>>> T780-423-7667
>>>> jnosyk@fieldlaw.com
>>>>
>>>> https://www.mccuaiglaw.ca/
>>>>
>>>> McCuaig Law
>>>> 647 528 7247
>>>> ian@mccuaiglaw.ca
>>>>
>>>> http://www.fairviewbaptistchurch.ca/contact/
>>>>
>>>> Fairview Baptist Church
>>>> 230 – 78 Ave SE
>>>> Calgary, AB T2H 1C4
>>>>
>>>> (403) 252-1704
>>>> info@fairviewbaptistchurch.ca
>>>> https://gwsllp.ca/contact-grey-wowk-spencer/
>>>>
>>>> Leighton Grey
>>>> PHONE: (780) 594-0299
>>>> EMAIL: lgrey@gwsllp.ca
>>>>
>>>> https://libertarian.on.ca/candidates/stefanos-karatopis
>>>>
>>>>
>>>> Stefanos Karatopis
>>>>
>>>> My name is Stefanos Karatopis.
>>>>
>>>> I am single, and a proud Father who values hard work and raised my
>>>> sons on my own.
>>>>
>>>> I speak, read, and write Greek fluently.
>>>>
>>>> I have lived in West Lincoln almost all my life.
>>>>
>>>> At the age of 13 I obtained my Computer Technician Diploma and shortly
>>>> after opened my own home based computer business.
>>>>
>>>> I have been in our family owned and operated poultry business up till
>>>> 2011.
>>>>
>>>> I have completed an entrepreneur course at Niagara College.
>>>>
>>>> I was a Director on the Agios Haralambos Greek Association in West
>>>> Lincoln.
>>>>
>>>> I am a member and volunteer with the International Tribunal for Natural
>>>> Justice.
>>>>
>>>> I am a past President of the Niagara Landowners Association.
>>>>
>>>> I am currently a Governor with the Ontario Landowners Association.
>>>>
>>>> I am one of the Founding Directors on the International Property
>>>> Rights Association.
>>>>
>>>> I am a Reporter/Photographer for The Landowner Magazine.
>>>>
>>>> I have recently obtained my Paralegal Diploma from Algonquin Careers
>>>> Academy.
>>>>
>>>> I have been an advocate for people all over Ontario assisting them
>>>> free of charge from overzealous bureaucrats and Government overreach
>>>> on all levels. In 2016 I was presented the Landowner of the Year award
>>>> for my private property rights work in the Niagara Region where I had
>>>> achieved many successful outcomes, including for my parents while they
>>>> were out of country in 2009.
>>>>
>>>> I have worked and will continue to work tirelessly for private
>>>> property rights and the reason why I will strive to become a licensed
>>>> paralegal and open a law firm with a lawyer partner in Niagara.
>>>>
>>>> I am a Libertarian and stand for Liberty and to keep Ontario a
>>>> non-communist state and make it so that everyone can keep their hard
>>>> earned money instead of it being stolen by a greedy needy grossly
>>>> overgrown Government and to bring wealth and prosperity back to
>>>> Ontario. To make Ontario a place where our children and their children
>>>> can enjoy a life of wealth and freedom where private property is NOT
>>>> considered a social injustice.
>>>>
>>>>
>>>> Contact Info
>>>>
>>>>     email
>>>>     stefanos.karatopis@gmail.com
>>>>     phone
>>>>     905 325 2422
>>>>
>>>>
>>>>
>>>>>>>
>>>>>>> ---------- Forwarded message ----------
>>>>>>> From: "Murray, Charles (Ombud)" <Charles.Murray@gnb.ca>
>>>>>>> Date: Wed, 20 Mar 2019 18:16:15 +0000
>>>>>>> Subject: You wished to speak with me
>>>>>>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>>>>>>
>>>>>>> I have the advantage, sir, of having read many of your emails over
>>>>>>> the
>>>>>>> years.
>>>>>>>
>>>>>>>
>>>>>>> As such, I do not think a phone conversation between us, and
>>>>>>> specifically one which you might mistakenly assume was in response
>>>>>>> to
>>>>>>> your threat of legal action against me, is likely to prove a
>>>>>>> productive use of either of our time.
>>>>>>>
>>>>>>>
>>>>>>> If there is some specific matter about which you wish to communicate
>>>>>>> with me, feel free to email me with the full details and it will be
>>>>>>> given due consideration.
>>>>>>>
>>>>>>>
>>>>>>> Sincerely,
>>>>>>>
>>>>>>>
>>>>>>> Charles Murray
>>>>>>>
>>>>>>> Ombud NB
>>>>>>>
>>>>>>> Acting Integrity Commissioner
>>>>>>>
>>>>>>>
>>>>>>>> From: Justice Website <JUSTWEB@novascotia.ca>
>>>>>>>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>>>>>>>> Subject: Emails to Department of Justice and Province of Nova
>>>>>>>> Scotia
>>>>>>>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>>>>>>>
>>>>>>>> Mr. Amos,
>>>>>>>> We acknowledge receipt of your recent emails to the Deputy Minister
>>>>>>>> of
>>>>>>>> Justice and lawyers within the Legal Services Division of the
>>>>>>>> Department of Justice respecting a possible claim against the
>>>>>>>> Province
>>>>>>>> of Nova Scotia.  Service of any documents respecting a legal claim
>>>>>>>> against the Province of Nova Scotia may be served on the Attorney
>>>>>>>> General at 1690 Hollis Street, Halifax, NS.  Please note that we
>>>>>>>> will
>>>>>>>> not be responding to further emails on this matter.
>>>>>>>>
>>>>>>>> Department of Justice
>>>>>>>>
>>>>>>>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>>>>>>>
>>>>>>>>> If want something very serious to download and laugh at as well
>>>>>>>>> Please
>>>>>>>>> Enjoy and share real wiretap tapes of the mob
>>>>>>>>>
>>>>>>>>> http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-braz
>>>>>>>>> ilian.html
>>>>>>>>>
>>>>>>>>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>>>>>>>>
>>>>>>>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I
>>>>>>>>>> must
>>>>>>>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>>>>>>>>
>>>>>>>>>> http://www.youtube.com/watch?v=vugUalUO8YY
>>>>>>>>>>
>>>>>>>>>> What the hell does the media think my Yankee lawyer served upon
>>>>>>>>>> the
>>>>>>>>>> USDOJ right after I ran for and seat in the 39th Parliament
>>>>>>>>>> baseball
>>>>>>>>>> cards?
>>>>>>>>>>
>>>>>>>>>> http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly200
>>>>>>>>>> 6
>>>>>>>>>>
>>>>>>>>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>>>>>>>>
>>>>>>>>>> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>>>>>>>>
>>>>>>>>>> http://archive.org/details/Part1WiretapTape143
>>>>>>>>>>
>>>>>>>>>> FEDERAL EXPRES February 7, 2006
>>>>>>>>>> Senator Arlen Specter
>>>>>>>>>> United States Senate
>>>>>>>>>> Committee on the Judiciary
>>>>>>>>>> 224 Dirksen Senate Office Building
>>>>>>>>>> Washington, DC 20510
>>>>>>>>>>
>>>>>>>>>> Dear Mr. Specter:
>>>>>>>>>>
>>>>>>>>>> I have been asked to forward the enclosed tapes to you from a man
>>>>>>>>>> named, David Amos, a Canadian citizen, in connection with the
>>>>>>>>>> matters
>>>>>>>>>> raised in the attached letter.
>>>>>>>>>>
>>>>>>>>>> Mr. Amos has represented to me that these are illegal FBI wire
>>>>>>>>>> tap
>>>>>>>>>> tapes.
>>>>>>>>>>
>>>>>>>>>> I believe Mr. Amos has been in contact with you about this
>>>>>>>>>> previously.
>>>>>>>>>>
>>>>>>>>>> Very truly yours,
>>>>>>>>>> Barry A. Bachrach
>>>>>>>>>> Direct telephone: (508) 926-3403
>>>>>>>>>> Direct facsimile: (508) 929-3003
>>>>>>>>>> Email: bbachrach@bowditch.com
>>>>>>>>>>
>>>>>>>>>
>>>>>>> This is the docket in Federal Court
>>>>>>>
>>>>>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>>>>>>
>>>>>>> These are digital recordings of  the last three hearings
>>>>>>>
>>>>>>> Dec 14th https://archive.org/details/BahHumbug
>>>>>>>
>>>>>>> January 11th, 2016 https://archive.org/details/Jan11th2015
>>>>>>>
>>>>>>> April 3rd, 2017
>>>>>>>
>>>>>>> https://archive.org/details/April32017JusticeLeblancHearing
>>>>>>>
>>>>>>>
>>>>>>> This is the docket in the Federal Court of Appeal
>>>>>>>
>>>>>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>>>>>>
>>>>>>>
>>>>>>> The only hearing thus far
>>>>>>>
>>>>>>> May 24th, 2017
>>>>>>>
>>>>>>> https://archive.org/details/May24thHoedown
>>>>>>>
>>>>>>>
>>>>>>> This Judge understnds the meaning of the word Integrity
>>>>>>>
>>>>>>> Date: 20151223
>>>>>>>
>>>>>>> Docket: T-1557-15
>>>>>>>
>>>>>>> Fredericton, New Brunswick, December 23, 2015
>>>>>>>
>>>>>>> PRESENT:        The Honourable Mr. Justice Bell
>>>>>>>
>>>>>>> BETWEEN:
>>>>>>>
>>>>>>> DAVID RAYMOND AMOS
>>>>>>>
>>>>>>> Plaintiff
>>>>>>>
>>>>>>> and
>>>>>>>
>>>>>>> HER MAJESTY THE QUEEN
>>>>>>>
>>>>>>> Defendant
>>>>>>>
>>>>>>> ORDER
>>>>>>>
>>>>>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>>>>>>> December 14, 2015)
>>>>>>>
>>>>>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>>>>>>> the Federal Courts Rules (SOR/98-106), from an Order made on
>>>>>>> November
>>>>>>> 12, 2015, in which Prothonotary Morneau struck the Statement of
>>>>>>> Claim
>>>>>>> in its entirety.
>>>>>>>
>>>>>>> At the outset of the hearing, the Plaintiff brought to my attention
>>>>>>> a
>>>>>>> letter dated September 10, 2004, which he sent to me, in my then
>>>>>>> capacity as Past President of the New Brunswick Branch of the
>>>>>>> Canadian
>>>>>>> Bar Association, and the then President of the Branch, Kathleen
>>>>>>> Quigg,
>>>>>>> (now a Justice of the New Brunswick Court of Appeal).  In that
>>>>>>> letter
>>>>>>> he stated:
>>>>>>>
>>>>>>> As for your past President, Mr. Bell, may I suggest that you check
>>>>>>> the
>>>>>>> work of Frank McKenna before I sue your entire law firm including
>>>>>>> you.
>>>>>>> You are your brother’s keeper.
>>>>>>>
>>>>>>> Frank McKenna is the former Premier of New Brunswick and a former
>>>>>>> colleague of mine at the law firm of McInnes Cooper. In addition to
>>>>>>> expressing an intention to sue me, the Plaintiff refers to a number
>>>>>>> of
>>>>>>> people in his Motion Record who he appears to contend may be
>>>>>>> witnesses
>>>>>>> or potential parties to be added. Those individuals who are known to
>>>>>>> me personally, include, but are not limited to the former Prime
>>>>>>> Minister of Canada, The Right Honourable Stephen Harper; former
>>>>>>> Attorney General of Canada and now a Justice of the Manitoba Court
>>>>>>> of
>>>>>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>>>>>>> former Director of Policing Services, the late Grant Garneau; former
>>>>>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>>>>>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>>>>>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and,
>>>>>>> retired
>>>>>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>>>>>>> Police.
>>>>>>>
>>>>>>> In the circumstances, given the threat in 2004 to sue me in my
>>>>>>> personal capacity and my past and present relationship with many
>>>>>>> potential witnesses and/or potential parties to the litigation, I am
>>>>>>> of the view there would be a reasonable apprehension of bias should
>>>>>>> I
>>>>>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>>>>>>> Committee for Justice and Liberty et al v National Energy Board et
>>>>>>> al,
>>>>>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>>>>>>> allegations of bias. In the circumstances, although neither party
>>>>>>> has
>>>>>>> requested I recuse myself, I consider it appropriate that I do so.
>>>>>>>
>>>>>>>
>>>>>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator
>>>>>>> of
>>>>>>> the Court schedule another date for the hearing of the motion.
>>>>>>> There
>>>>>>> is no order as to costs.
>>>>>>>
>>>>>>> “B. Richard Bell”
>>>>>>> Judge
>>>>>>>
>>>>>>>
>>>>>>> Below after the CBC article about your concerns (I made one comment
>>>>>>> already) you will find the text of just two of many emails I had
>>>>>>> sent
>>>>>>> to your office over the years since I first visited it in 2006.
>>>>>>>
>>>>>>>  I noticed that on July 30, 2009, he was appointed to the  the Court
>>>>>>> Martial Appeal Court of Canada  Perhaps you should scroll to the
>>>>>>> bottom of this email ASAP and read the entire Paragraph 83  of my
>>>>>>> lawsuit now before the Federal Court of Canada?
>>>>>>>
>>>>>>> "FYI This is the text of the lawsuit that should interest Trudeau
>>>>>>> the
>>>>>>> most
>>>>>>>
>>>>>>>
>>>>>>> ---------- Original message ----------
>>>>>>> From: justin.trudeau.a1@parl.gc.ca
>>>>>>> Date: Thu, Oct 22, 2015 at 8:18 PM
>>>>>>> Subject: Réponse automatique : RE My complaint against the CROWN in
>>>>>>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>>>>>>> submit a motion for a publication ban on my complaint trust that you
>>>>>>> dudes are way past too late
>>>>>>> To: david.raymond.amos@gmail.com
>>>>>>>
>>>>>>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre
>>>>>>> à
>>>>>>> lalanthier@hotmail.com
>>>>>>>
>>>>>>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel
>>>>>>> à
>>>>>>> tommy.desfosses@parl.gc.ca
>>>>>>>
>>>>>>> Please note that I changed email address, you can reach me at
>>>>>>> lalanthier@hotmail.com
>>>>>>>
>>>>>>> To reach the office of Mr. Trudeau please send an email to
>>>>>>> tommy.desfosses@parl.gc.ca
>>>>>>>
>>>>>>> Thank you,
>>>>>>>
>>>>>>> Merci ,
>>>>>
>>>>>
>>>>>
>>>>
>>>
>>
>

 

 

https://www.cbc.ca/news/canada/new-brunswick/saint-john-pastor-contempt-covid-rules-1.6279989

 

Saint John pastor facing another contempt charge for alleged COVID-19 rule violations

Province made court filing Tuesday and court appearance expected Friday

Court documents obtained by CBC News allege that church officials continued to hold services that violated the province's Mandatory Order. 

The Saint John pastor has made several court appearances to answer to charges his church services were in violation of COVID-19 rules, and was jailed for a week in October for failing to live up to an agreement reached in court.

An affidavit in the court file from Leanne Becker, an investigator with the Department of Public Safety, alleges that as recently as Dec. 5, the church held a service that did not follow COVID-19 protocols. 

Becker said, "I did not see anyone recording names or contact information. Very few people were wearing a mask. Individuals were singing during the service." 

                                                        A social media post made by Jamie Hutchings in late November with a photograph of her wearing a T-shirt. The photo was under the banner "CHURCH MERCH AVAILABLE TOMORROW." (Facebook)

Becker also notes a social media post by Hutchings, dated Nov. 29, "showing what appears to be a church service being held inside of a tent, with no one wearing masks. It does not appear that social distancing requirements were being respected, and it seems as though they were singing."

In her affidavit, Becker said she informed the church and its director before the Dec. 5 service that the tent was an "enclosed place" and therefore, the service would be subject to the restrictions on indoor services. 

Despite the warning, she said, the service went ahead with "very few masks" and several other infractions of the Mandatory Order.

She also noted social media posts by Hutchings's wife. In a Nov. 20 Facebook post, Jamie Hutchings advertises that "church merch" would be available the next day. The post includes a picture of Jamie Hutchings wearing a T-shirt with the words, "My pastor went to prison for having church." 

On Tuesday, the Attorney General of New Brunswick filed a motion with the Court of Queen's Bench to have Philip Hutchings, Jamie Hutchings, the church itself, and two directors of the church — Dana and Cody Butler — found in contempt.

That hearing has been scheduled for 2 p.m. on Friday. 

Social media posts tip off province

According to court records, the church first came to the province's attention in September, when Hutchings posted on social media that his church would operate at full capacity and wouldn't require masks or proof of vaccination. 

The province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules. 

On Oct. 1, an official with the province contacted Hutchings and explained the rules. He agreed to comply, according to the court file.

Two days later, another official attended Sunday service at the church. According to her affidavit, she was the only person wearing a mask. She said no one asked for proof of immunization, there was no physical distancing, and there was congregational singing. 

Officials with His Tabernacle Family Church leave the Saint John courthouse on Oct. 29 after agreeing to follow the province's Mandatory Order. From left, Jamie Hutchings, Dana Butler, Philip Hutchings, and Cody Butler. (Graham Thompson/CBC)

The officer left after about 10 minutes, saying she was uncomfortable "due to the COVID risks at this service." 

Hutchings was then fined for non-compliance on Oct. 6.

On Oct. 8, the province went to court to get an "interlocutory order" to shut down the church for continued non-compliance, but Hutchings signed the consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings. 

Two days after the agreement was signed, Public Safety visited the church and videotaped people coming and going freely and not wearing masks, including footage of an unmasked Hutchings coming to the door of the church.

That's when Hutchings and his followers raised the ire of Court of Queen's Bench Justice Hugh McLellan. 

Hutchings appeared before McLellan on Oct. 15 and walked out in the custody of Sheriff's officers. 

McLellan said the remand was necessary to protect the public. He pointed out that just one week earlier, Hutchings had promised to abide by the rules that apply to church services. 

McLellan said Hutchings "mocked" the order two days later. As a result, he said he had concerns about the pastor's "personal credibility."

When a more repentant Hutchings returned to court one week later, he admitted to contempt of court, and agreed to abide by a number of conditions imposed by the court. 

Eventually, Hutchings, and Dana and Cody Baker, would all be given a stern lecture by the judge before they signed another agreement to obey the rules. 

"I want to be clear," McLellan told them. "You could end up going to jail if there's a violation of this."

He stressed that the directors were being held personally responsible for the actions of the church. And just to make sure they understood, he made them all initial that section of the already-signed original document. 

ABOUT THE AUTHOR

Mia Urquhart is a CBC reporter based in Saint John. She can be reached at mia.urquhart@cbc.ca.

CBC's Journalistic Standards and Practices

 

115 Comments
Commenting is now closed for this story.
 
 
  
David Amos 
Survey Says?
 
 
Kyle Woodman
Reply to @David Amos: Happy holidays David.
 
 
Al Clark
Reply to @David Amos: Where's your pal de blogger? He's been quiet lately too.

 

 

 

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