Judge warns of more delays as vacancies continue
Three federally appointed positions are empty, with 4th expected this winter
Court of King's Bench Chief Justice Tracey DeWare sent a memo Wednesday to judges, lawyers and the province's justice minister warning of anticipated delays that will affect the family court system.
King's Bench trial division handles criminal cases like murder trials and civil lawsuits, while its family division handles child protection and divorce proceedings.
It has 24 full-time and nine supernumerary, or part-time, judges who are appointed by the federal government. However, three of the full-time positions are vacant, one since 2021. Another vacancy is expected in December.
"The vacancies at the New Brunswick Court of King's Bench consistently challenge our ability to manage the docket in a manner that would ensure matters are heard expeditiously," DeWare wrote.
Court
of King's Bench Chief Justice Tracey DeWare is pictured here at her
swearing-in ceremony with New Brunswick Court of Appeal Chief Justice
Marc Richard. DeWare's memo says there has been a King's Bench vacancy
in Miramichi since October 2021. (Submitted by Tracey DeWare)
DeWare said the court frequently adjourns non-urgent cases to accommodate child protection hearings and criminal cases, which have strict timelines.
"While the matters that are adjourned may, objectively speaking, be less urgent than [a] child protection hearing or jury trial, we are nevertheless acutely aware that they are extremely urgent for the individuals involved."
DeWare's memo says there has been a King's Bench vacancy in Miramichi since October 2021, a vacancy in Moncton since January this year, and another in Moncton since April.
A vacancy will open in Woodstock in December after a judge there moves to Fredericton to replace Justice Terrence Morrison, who will become supernumerary in December.
A
spokesperson says Minister of Justice and Attorney General of Canada
Arif Virani is working to fill the openings 'in due course.' (Justin Tang/The Canadian Press)
Chantalle Aubertin, a spokesperson for Minister of Justice and Attorney General of Canada Arif Virani, said in a statement that the minister is working to fill the vacancies "in due course."
"Minister Virani has spoken with members of the judiciary as well as the bar to encourage more people to apply for the bench, and he will continue to make high quality appointments that reflect the diversity of Canada," Aubertin said.
The statement did not address why some of the positions have been left vacant for years.
Judges to consider changes to family court
Sheila Cameron, a Moncton lawyer who practises family law, read the memo and knew it would mean more difficult calls with clients, many who already wait a year or more for a trial date.
"Obviously people in court cases are living in a stressful situation that they'd like to have an end to," Cameron said.
However, Cameron welcomed part of DeWare's memo.
DeWare said an associate chief justice position announced by the federal government in April 2022 has yet to be filled. That role was expected to help carry out reforms to family court.
"However, given the continued uncertainty regarding the timing of such appointment, I have determined that the work must begin without further delay," DeWare wrote.
DeWare said two judges will be reassigned for about three months to work on ways to deal with the family court challenges.
"I'm very happy with that and agree with our chief justice that it's long overdue that the New Brunswick family court system be overhauled and moved to a less adversarial model," Cameron said.
Cameron said other provinces have systems focused on trying to help people settle their disputes before they end up in court.
Carley Parish practises family law in the Saint John area and is a former law society president. Parish also sees the need for changes to the family court system.
"We need more judges," Parish said. "And we need to start thinking out-of-the-box — so whether the lawyers start doing mediation or we start having four-party meetings ... to try to resolve things outside of court."
Carley
Parish, a Hampton-based lawyer, says by the time cases reach trial
children are several years old and family circumstances may have
changed. (Submitted/Lutz Longstaff Parish)
Parish said positions called masters, which first hear family law cases in Moncton and Saint John, needs to be expanded. Cameron said the master system, while not staffed with full King's Bench judges, has the power to issue orders.
"What we like about that is that clients and families can get that first order and that gets them into a routine of what time the children have in both households, what's the financial sharing of expenses, what's the amount of child support and spousal support.
"So it settles everything down. It's really important to have that happen in a separated family as soon as possible. Otherwise there's a lot of pushing and pulling and nasty texts and emails and a lot of stress, obviously."
Marc Richard, executive director of the Law Society of New Brunswick, said the court system has been double booking some cases in the hope that one would be settled by the time the trial comes up. But if not, one trial ends up getting delayed again.
"So it creates all of those delays, which it's not the fault of the judges, it's basically the federal government," Richard said.
He said the problems aren't limited to New Brunswick.
In August, CBC reported there were 86 vacancies for federally appointed judges across Canada.
Supreme Court Chief Justice Richard Wagner warned in June of an "alarming" shortage of judges.
Coreen Enos, a spokesperson for the provincial justice department, says it is aware of DeWare's memo and plans to meet with her to discuss the issues it raises.
Enos said there are no provincial court vacancies.
ABOUT THE AUTHOR
13 Comments
David Amos
Cry me a river
Shawn Tabor
Archie MacDaniel
Archie MacDaniel
This is JT's way of keeping the deficit at "only" $40 billion.
Wayne Mac Arthur
When this government expanded the civil service
ranks by thousands, you would think that of those thousands, there
could have been a few judicial appointments.
David Webb
Family court is a mess mostly because the SJW's
turn a blind eye to what is in the best interest of the child in favour
of what is in the best interest of mom, even in spite of convictions
for assault on their partner and DUI with the child in the vehicle,
along with 6 months of withholding access. And guess who gets access to
legal aid lawyers. Advisaral? More like purgatory for many.
G. Timothy Walton
Reply to David Webb
Reply to David Webb
Well, that's a new one on me, declaring the longstanding sexism of Canada's courts to be due to the modern SJW.
G. Timothy Walton
The only valid excuse for a longterm vacancy is nobody willing to take the job.
This is the sort of issue the virulently anti-Trudeau crowd should seize on, but they never do.
David Webb
Reply to G. Timothy Walton
You wouldn't happen to be one of those voters
that see only one colour no matter what. You should realize the
Canadians vote governments out, not in. We get fed up and then flip
over to the other party. We all know that election promises are only
meant to aid in politicians retirement planning.
G. Timothy Walton
Reply to David Webb
What on earth does "see only one colour no matter what" mean?
Archie MacDaniel
Reply to G. Timothy Walton
Don't worry, it is all HIggs fault, even if
federal, just like taxes. I thought spending every dime one had fixed
all problems, or does it change based on party?
G. Timothy Walton
Reply to Archie MacDaniel
Here's a concept: try being upset by things
that actually make a difference to people's lives, like federal judicial
vacancies, rather than things that don't, like which movie Trudeau
takes which child to.
As people review the email found below need I say that I chuckled
knowing that a certain evil little Yankee carpetbagger who campaigned
for Hillary before going on a cruise to cry the blues no doubt pissed
in his old man pampers when Jacques Poitras mentioned Justice Richard
Petrie again?
http://www.cbc.ca/news/canada/
Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
Kirk MacDonald says Liberals drafted bill to help put Jolène Richard
and André Richard on court
By Jacques Poitras, CBC News Posted: Nov 24, 2016 6:03 PM AT
Jacques Poitras has been CBC's provincial affairs reporter in New
Brunswick since 2000. Raised in Moncton, he also produces the CBC
political podcast Spin Reduxit.
Tory MLA Kirk MacDonald said in the legislature he believes the
Liberal government's judge-moving bill is designed to help put Liberal
MP Dominic LeBlanc's spouse and brother-in-law on the Court of Queen's
Bench. (CBC)
A Progressive Conservative MLA has taken the unusual step of naming
names — including that of a sitting provincial court judge — in his
attack on a proposed law on how Court of Queen's Bench judges are
transferred.
Kirk MacDonald told the legislature last week that he believes the
government bill was drafted to help the spouse and the brother-in-law
of federal Liberal MP Dominic LeBlanc, a close ally of Premier Brian
Gallant.
nb-andre-richard-jolene-
A Progressive Conservative MLA believes the Liberal government's
judge-moving bill was drafted to help have André Richard and Jolène
Richard appointed to the Court of Queen's Bench. (CBC)
"I will give you two names. I will give you Jolène Richard and André
Richard, two people I believe are looking for judicial appointments
here in New Brunswick," MacDonald said during second-reading debate on
the bill.
In fact, Jolène Richard is already a provincial court judge. André
Richard is her brother and a senior lawyer at Stewart McKelvey.
Province names new judge, wife of MP Dominic LeBlanc
"Dominic LeBlanc has some judges that he wants to appoint in New
Brunswick, and the framework as it currently exists does not allow for
that to happen," MacDonald said.
André Richard stated Thursday he "had no involvement in the
government's decision to propose changes to the Judicature Act."
"As you know, my sister is already a judge who sits in Moncton. I fail
to understand why our names are being brought into this debate."
Bill gives veto to minister
The Liberal bill would amend the Judicature Act, which governs how
courts operate, to give the justice minister a veto over Chief Justice
David Smith of the Court of Queen's Bench transferring judges from one
court to another.
nb-chief-justice-david-smith
Court of Queen's Bench Chief Justice David Smith has transferred 13
judges since becoming chief justice in 1998. (Acadia University)
PC MLAs have hinted in the past about who they believe the bill was
designed to help. But until now, no one was willing to name them.
It's rare for politicians to draw sitting judges into partisan
debates, and the veteran Tory MLA did not offer any evidence to back
up his allegations. He turned down a request to explain his views in
an interview.
Parliamentary privilege
Parliamentary privilege protects members of the legislature from being
sued for defamation or held in contempt of court for comments they
make during proceedings. No such protection exists for things they say
outside the legislature.
Provincial court judges such as Richard are appointed by the province,
but Court of Queen's Bench justices are named by Ottawa. Both courts
are administered by the province, but the current law gives Smith the
power to move judges on his court on his own.
Smith has argued the bill would threaten the independence of the
courts, which could make it unconstitutional.
Bill brought back
The Liberals introduced the bill during the last session, but it
didn't pass before the session ended. They brought it back last week.
Justice Minister Denis Landry said last week the bill was designed to
bring "best practices" to court administration and end the pattern of
justices being named to smaller courthouses and then being transferred
soon after.
Judge-moving legislation introduced again
2 chief justices appear at odds over judge-moving bill
7 things list reveals about controversial judge-moving bill
"This is what we want to correct," he said. "If we name a judge, they
should reside there, for a long period of time, not just two or three
months then move them where they want to go."
Asked whether he'd veto such a transfer, Landry said, "This is what we'll see."
Landry's department said Thursday it would not comment on MacDonald's
accusation.
Larger locations favoured
MacDonald said during last week's debate that it's true Court of
Queen's Bench justices are often appointed to smaller locations and
are then moved to one of the three largest cities.
Dominic LeBlanc
Federal Fisheries Minister Dominic LeBlanc is a close ally of New
Brunswick Premier Brian Gallant. (CBC)
He said that court postings in Moncton, Fredericton, and Saint John
are "The positions that everyone seems to want."
And he said the current system for moving judges, "which is controlled
by the chief justice, does not work for Dominic LeBlanc and the
Liberal Party of New Brunswick," MacDonald said.
Upside to judge-moving bill touted by ex-constitutional lawyer
Gallant government's judge-moving bill questioned by legal expert
"They want to change it. They want to have a situation where they have
a mechanism to control that decision and to effect change on that
decision."
In June, Smith transferred Justice Tracey DeWare from Woodstock to
Moncton and Justice Richard Petrie from Saint John to Woodstock.
DeWare was moved to fill a vacancy after Justice Brigitte Robichaud
switched to supernumerary, or part-time, status.
Jolène Richard did not respond to interview requests.
Kirk MacDonald and everybody and his dog knows that I go to great
lengths to make certain that politicians, the CBC and evil little
lawyers such as David Lutz, Andre Richard and Attorney General Serge
Rousselle et al all the truth about my opinions about their malicious
actions.
Furthermore the smiling bastards all know I publish everything
including the comments that CBC blocks illegally and dare them all to
sue if they think they can prove that I am a liar. CORRECT?
In fact sometimes the unethical smiling bastards within CBC publish my
opinions about the nonsense of it all when it suits their malicious
union to do so.
N'esy Pas David Lutz QC?
http://davidraymondamos3.
Thursday, 17 November 2016
The Liebranos of New Brunswick drops their senseless litigation and
the Mother Corp shows us her nasty partisan arse on the same day EH?
http://www.cbc.ca/news/canada/
Gallant government abandons school bus duality court case
Education Minister Brian Kenny says decision on school busing will be
left up to school districts
By Jacques Poitras, CBC News Posted: Nov 16, 2016 3:23 PM AT
161 Comments were allowed however no doubt there were many more but I
can only know about the the ones of mine that CBC blocked. We should
ask ouselves what else was blocked.
Commenting is now closed for this story.
Ben Robinson
Good. Now lets get rid of the whole wasteful dual busing system.
23 hours ago
David Raymond Amos
@Ben Robinson Beware that you don't raise the Ire of certain snobby
bureaucrats that don't want their kids on the bus with ours for fear
they may enjoy conversing with fellow Maritimers in English.
20 hours ago
William Roberts
@Ben Robinson Such a waste of Time , money and energy to arrive back
in Limbo. Lets see what this whole issue is costing tax payers?
Tired of politicians at every level ducking that one question. HOW MUCH?
20 hours ago
David Raymond Amos
@William Roberts I suspect that is the first question Dominic
Leblanc's Brother in Law Andre Richard asked himself. HOW MUCH money
could he make in legal fees while getting even byway of embarrassing
his old foe.
Methinks if you go back to one of the first CBC reports about this
senseless action you may agree with my opinion. Have look see.
http://www.cbc.ca/news/canada/
19 hours ago
Shawn McShane
@David Raymond Amos Is everyone related in NB Government? Seems like
it. Check out the names on all the crown corp sunshine lists and cross
reference it to MPs past and present. There is no LibCon they are
married. Lets vote different for once in our lives.
17 hours ago
Ben Robinson
@William Roberts I believe I read that busing for schools cost ~$65
million annually. I suspect that by gong down to one system, we'd save
30-40% of that.
15 hours ago
Alex Forbes
@Ben Robinson Anglophone Party of NB?
13 hours ago
David Raymond Amos
@Shawn McShane Why do think I ran for public office five times?
4 hours ago
David Raymond Amos
Content disabled.
@Alex Forbes Nope its time to the ordinary French and English folks to
form and new political party and call it something simple like PO for
Pissed Off or KISS fo Keep It Simple Stupid.
Do tell did anyone bother to Paul Hellyer's book called "Good Bye
Canada" or what political party he created and why??? It was a Hell of
piece of work.
What really took the cake for me year later was when I was running in
the Election of the 38th Parliament the French lawyer Bernie Lord had
the Prima Donna artsy fartsy French Lt Governor and the French Sgt at
Arms who was ex RCMP/GRC member who found the dope in Hatfield's
baggage when he was traveling with the Queen bar me for parliamentary
properties.
Trust thatI wrote a letter to the Lt Governor of New Brunswick and
made it a point to remind that snobby French man of what Louis Riel
wrote in his diary before the RCMP/GRC had him hung. Old Louie the
Metis warned us that the French would take back Canada without out
firing a shot.
Everybody knows the evil Liebrano lawyers from Quebec Chretien and
Trudeau "The Elder" started that ball rolling in 193 with the revision
of the Constitution. Many years later the mindless pretty boy Trudeau
"The Younger" is following his Fat Daddy's Liebrano playbook to the
letter. N'esy Pas?
3 hours ago
David Raymond Amos
@David Raymond Amos FYI Way back in the early eighties after Trudeau
"The Elder" did in the folks living in "The Pace To BE" with a Charter
he and his buddy Jean Chretien created to screw the English with I
became a card carrying member of an Anglophone Society in NB for valid
reasons. It was after my mother in law whom I dearly and truly loved
(Imagine that?) had to retire early from the RCMP/GRC because she
could not speak French even though she had done her job just fine
since 1954 ( I believe I still have that old membership card somewhere
in box of mementos along with a picture of a very fine lady)
That said in looking back in the over 30 years since, I must confess
that the average French taxpayer in New Brunswick have been screwed
every bit as much as the English ones. The only French people making a
big score work for the government while the rest of the the French and
English folks pay their way byway of more and more taxes as our
services are constantly cut.
A lot of French people who made the big score came down here from
Quebec. Among the first to come were members of the RCMP/GRC. (Did
anybody notice that Quebeckers are wise enough not employ that very
corrupt Federal Para-Military Force?) Anyway most the the French GRC
members would only speak their lingo to us as they pummeled us with
speeding tickets etc. Hence the creation of the New Brunswick Highway
Patrol, Anglophone Societies and the COR party.
3 hours ago
David Raymond Amos
Content disabled.
@David Raymond Amos Yo CBC check my Twitter account and your email accounts
13 minutes ago
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 19 Feb 2016 08:25:38 -0400
Subject: YO Andre Richard QC and Attorney General Serge Rousselle its
a small wonder to mean old me that CBC has no comment section for
their recent revelation particularly after what happened in court in
Saint John yesterday N'esy Pas David Lutz QC?
To: "serge.rousselle" <serge.rousselle@gnb.ca>, nbpc <nbpc@gnb.ca>,
"ht.lacroix" <ht.lacroix@cbc.ca>, dan.ciraco@cbc.ca, "Wayne.Gallant"
< Wayne.Gallant@rcmp-grc.gc.ca>
marc.pichette@radio-canada.ca, Chuck.Thompson@cbc.ca, Joe Friday
< Friday.Joe@psic-ispc.gc.ca>, damianpenny@gmail.com,
jpink@pinklarkin.com, andrew <andrew@frankmagazine.ca>, andrewjdouglas
< andrewjdouglas@gmail.com>, "justin.trudeau.a1"
< justin.trudeau.a1@parl.gc.ca>
"info@pco-bcp.gc.ca" <info@pco-bcp.gc.ca>, "Michael.Wernick"
< Michael.Wernick@pco-bcp.gc.ca
< stephen.harper.a1@parl.gc.ca>
< investigations@cbc.ca>, gopublic <gopublic@cbc.ca>, "Jacques.Poitras"
< Jacques.Poitras@cbc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"terry.seguin" <terry.seguin@cbc.ca>, nmoore <nmoore@bellmedia.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, news <news@kingscorecord.com>,
newsroom <newsroom@globeandmail.ca>, news-tips
< news-tips@nytimes.com>, news <news@hilltimes.com>, news919
< news919@rogers.com>, oldmaison <oldmaison@yahoo.com>, radical
< radical@radicalpress.com>, merv <merv@northwebpress.com>, leader
< leader@greenparty.ca>, "Elizabeth.May.C1"
< Elizabeth.May.C1@parl.gc.ca>, andre <andre@jafaust.com>,
"steve.roberge" <steve.roberge@gnb.ca>, "rona.ambrose.A1"
< rona.ambrose.A1@parl.gc.ca>, iteam <iteam@cbc.ca>,
"arichard@stewartmckelvey.com" <arichard@stewartmckelvey.com>
< bdysart@stewartmckelvey.com>
Cc: David Amos <david.raymond.amos@gmail.com>
david <david@lutz.nb.ca>, jeff.michaelson@gnb.ca, johanne.bray@gnb.ca,
george.oram@gnb.ca, sheri.shannon@gnb.ca, "David.Coon"
< David.Coon@gnb.ca>, "Stephen.Horsman" <Stephen.Horsman@gnb.ca>,
"peter.klohn" <peter.klohn@fcnb.ca>, Ryan.Martin@gnb.ca,
"dominic.leblanc.c1" <dominic.leblanc.c1@parl.gc.ca
< premier@gnb.ca>
Hey
Everybody and his dog knows that Judge Richard Petrie and several
other judges in the Court of the Queen's Bench and the Provincial
Court in New Brunswick have a rather huge conflict of interest
because their politcal appoinments of our polical actions and over the
past 12 years CORRECT Davey Baby Lutz? Trust that I was not surprised
that Petrie did not want to meet me just like the lawyer Peter klon
did not either.
It was blatantly clear to me that the minions working for Stevey Boy
Horseman New Brunswick's latest Minister of Justice in Saint john did
not want to discuss securities fraud with me after the deputy sheriffs
stopped me from assisting my friend against YOUR malicious actions him
just like I did 12 years ago EH Davey Baby Lutz?
However these affidavits are in the PUBLIC RECORD and a Deputy Sheriff
in a white shirt wacthed us properly file them. Furthermore as a
doublecheck Judge Petrie did hear my friend read his affidavit into
the public record BEFORE you and the malicious Sgt JEFF Michaeson
pounced on my friend and I after the hearing was over CORRECT Mr "Far
From Ethical" Lutz?
Court File No: FDSJ-534-02
IN THE COURT OF THE QUEEN’S BENCH OF NEW BRUNSWICK
FAMILY DIVISION JUDICIAL DISRICT OF SAINT JOHN
BETWEEN:
ANNE
BOURQUE (formerly TABOR)
Applicant
- and -
SHAWN TABOR
Respondent
COUNSEL :
AFFIDAVIT OF SHAWN ALBERT TABOR
1. I, Shawn Albert Tabor of Apohaqui, New Brunswick am providing this
affidavit as ordered by the court on October 7th, 2015 before the
upcoming hearing of this matter on February 18th, 2016.
2. I have no understanding why Anne Bourque claims that I am in
arrears or why her lawyer David M. Lutz Q.C. wants this court to order
me to file with Revenue Canada so that he can see my up to date tax
records. He has had copies of my pay stubs for months. Furthermore his
client, Anne Bourque has had the Province of New Brunswick garnish my
wages for the benefit of both of my children since May of 2015. It is
my belief that I have paid too much child support for over two years.
If the court wants to check anyone’s tax records they should be that
of my son, Mark Jesse Tabor. He is now 20 years old and has been
gainfully employed for the two years since he turned 18 years of age.
More importantly with regards to the current matter now before the
court, I suspect that if Anne Bourque were to testify under oath she
could not deny that since the summer of 2002 I have supported her and
our sons financially far beyond any order of this court has obliged me
to do.
3. On August 10th, 2015 during a hearing of this matter I gave the
court a written statement of mine in which I mention that I had a
friend who assisted me in understanding the actions of Anne Bourque
against me in 2004. His name is David Raymond Amos and in November of
2015 I asked him to do so again.
4. Pursuant to the foregoing statements please find hereto attached an
affidavit of my friend, David Raymond Amos as Exhibit A and several of
his documents attached as Exhibit B in order to support the statements
within his affidavit.
5. I plan to call David Raymond Amos as witness during the hearing of
this matter on February 18th, 2016 in order for him to assist me in
explaining to the court our understanding of this matter brought
before the court by Anne Bourque and her lawyer David M. Lutz Q.C. It
is time to settle this divorce once and for all.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED at Sussex, New Brunswick, this the 1st day of February, 2016
___________________________
Shawn Albert Tabor
5 Campbell Street,
P.O. Box 362,
Apohaqui,NB
E5P 3N9
Sworn before me, a Commissioner of Oaths,
on this the 1st day of February, 2016 at the
Town of Sussex, in the County of Kings,
Province of New Brunswick,
Dominion of Canada
My commission expires
Court File No: FDSJ-534-02
IN THE COURT OF THE QUEEN’S BENCH OF NEW BRUNSWICK
FAMILY DIVISION
JUDICIAL DISRICT OF SAINT JOHN
BETWEEN:
ANNE
BOURQUE (formerly TABOR)
Applicant
- and -
SHAWN TABOR
Respondent
COUNSEL :
AFFIDAVIT OF DAVID RAYMOND AMOS, A WITNESS TO THE ACTIONS OF THE CROWN
AND DAVID LUTZ QC
1. I, David Raymond Amos am a longstanding friend of Shawn Tabor
(Shawn), his family and many friends that we have in common. I know
Shawn to be a very decent, honest, hardworking man who pays his debts
and taxes. With regards to this matter I know for a fact that he loves
his two sons dearly and has supported them financially far more than
what has been ordered by this court.
2. In the summer of 2004 at his request I did my best to assist Shawn
with his legal matters. I introduced him to Joyce Richardson, the
lawyer he hired to act on his behalf in a matter brought by the CROWN
before provincial court (File No: 03683103) on the behalf of Anne
Bourque which ended on September 9th, 2004 and an action she had
brought before this court within this file which ended on August 30th,
2005. I attended both hearings in the aforesaid matters and was not
called to testify. Both of the aforesaid matters concluded to the
satisfaction of my friend. After that Shawn and I did not discuss his
concerns about any legal matter of his until June of 2015 but we had
many conversations about my legal matters as I visited his home etc.
over the years since 2005.
3. In June of 2015 Shawn informed me that Anne Bourque and her lawyer
David M. Lutz Q.C. (Lutz) were summoning him before this court for
monetary reasons that he did not understand. He cannot afford a lawyer
and also knew he would have a difficult time finding one to represent
him because of our friendship so he was responding to Lutz in a per se
fashion.
4. Whereas I am not a lawyer, the best advice I could give Shawn in
June of 2015 was to mention my name in his documents and to file in
the record of the matter the affidavit of mine that the lawyer, Joyce
Richardson had used on his behalf eleven years before. If the matter
was carried forward then all he had to do was call me as a witness to
testify in order to explain my affidavit and the related documentation
to the court during a hearing of the matter. Shawn knew I had returned
to NB to run for a seat in 42nd Parliament in Fundy Royal and begin
litigation against the CROWN. Shawn also knew that Lutz is the
longstanding president of the Liberal Party for that riding and that I
had no respect for Lutz whatsoever. He understood why I would look
forward to being cross examined by Lutz on the public record so he
told me he would think about it. Shawn and I did not talk again about
this matter until I visited his home in November of 2015 and was shown
his records of this matter. I saw the statement that he gave to this
court and Lutz during a hearing on August 10th, 2015 in which he
mentioned he had a friend who had explained his legal matters to him
in 2004. I am that friend and I believe that he will file an affidavit
in this matter attesting to that fact. He explained to me that he did
not name me as that friend because of his decision not to involve
politics in his matters. He told me that Lutz was demanding that he do
things with Revenue Canada that he felt were none of Lutz’s business.
He told me that he had been ordered by the court to create a document
about his financial records and give it to Lutz before filing it in
the court records but he was also ordered not to come to Lutz’s office
to do so. In response to my friend’s concerns I volunteered to give
the required documents to Lutz and go to the Registrar’s office and
swear out the oath that it had been done. While at the Registrar’s
office Shawn and I read the records within docket of this matter and
had copies made of certain documents that he was not aware of and
ordered the recordings of the hearings on in this matter held on
August 10th and October 7th of 2015.
5. With regards to my concerns within this matter I studied closely
the documents filed in the records of this court with regard to the
hearing held on August 30th, 2005 to support Anne Tabor being found in
contempt. I found within the docket a transcript of the hearing held
in the Provincial Court on September, 9th, 2004 (File No: 03683103) in
which the CROWN and the judge discussed my affidavit in a preliminary
matter before the trial began. However I could not find a copy of the
aforesaid affidavit of mine in the records of Provincial Court nor was
it in the docket of this court. This was done in a sincere effort for
me to figure out what Lutz wanted from the court this time and then
explain it to Shawn before the upcoming hearing on February 18th,
2016.
6. For the reasons stated above hereto attached to this affidavit as
Exhibit B is my original affidavit that was served upon the CROWN and
filed with the clerk of the Provincial Court (File No: 03683103) by
the lawyer, Joyce Richardson before the hearing held on September 9th,
2004. I have also included other documents directly related to this
matter for the lawyer, David. M. Lutz Q.C. to review before the
upcoming hearing on February 18th, 2016.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED at Sussex, New Brunswick, this the 1st day of February, 2016
___________________________
David Raymond Amos
5 Campbell Street,
P.O. Box 234.
Apohaqui,NB
E5P 3G2
Sworn before me, a Commissioner of Oaths,
on this the 1st day of February, 2016 at the
Town of Sussex, in the County of Kings,
Province of New Brunswick,
Dominion of Canada
My commission expires
http://www.cbc.ca/news/canada/
Serge Rousselle, André Richard tackle school bus case despite past dispute
Attorney general hires lawyer hedemanded resign as chair of the
University of Moncton's board of directors
By Jacques Poitras, CBC News Posted: Feb 19, 2016 6:00 AM AT Last
Updated: Feb 19, 2016 6:19 AM AT
The court is being asked "Is there, in New Brunswick, a constitutional
obligation to provide distinct school transportation in relation to
one or the other official language?
The court is being asked "Is there, in New Brunswick, a constitutional
obligation to provide distinct school transportation in relation to
one or the other official language? (The Associated Press)
Photo of Jacques Poitras
Jacques Poitras
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New
Brunswick since 2000. Raised in Moncton, he also produces the CBC
political podcast Spin Reduxit.
Related Stories
Attorney general may have to argue both sides of dual bus case
Dual language bus issue hearing begins in Court of Appeal
The province's high-profile constitutional gambit on school bus
duality has created an unlikely legal alliance between two former
antagonists.
André Richard, a veteran litigator with the prominent law firm Stewart
McKelvey, is representing the attorney general in the case before the
Court of Appeal.
And the attorney general is Serge Rousselle, who publicly denounced
Richard in 2013 when Richard was the chair of the University of
Moncton's board of governors.
Serge Rouselle
Attorney General Serge Rouselle had once called for Richard's
resignation from the University of Moncton's board of governors. (CBC)
At the time, Rousselle criticized the way the board hired Marie-Linda
Lord as the university's vice-president of student and international
affairs.
Rousselle was up for the job as well, but a hiring committee
recommended a third candidate. When Lord was chosen instead, Rousselle
accused Richard and the board of subverting the proper process.
Given students are told not to cheat and plagiarize, Rousselle said in
June 2013, "how do we explain that, through the head of the board of
governors, the rules were changed mid-course?"
Rousselle made the comments, and the call for Richard's resignation,
while promoting a book he wrote about the hiring controversy.
"I think that person, in that circumstance, is not a good example for
our students, so I think he has to make the necessary decision and
say, `Thank you, goodbye.'"
Richard announced three months later he would not seek a new term as
board chair. He said the "multiple attacks" on him and other
university officials meant it was in the best interests of the
university for him to not serve a second term.
Andre Richard
Andre Richard was chair of the University of Moncton’s board of
governors in 2013, and Rousselle called for his resignation over a
hiring controversy. (CBC)
Now, it's Richard asking the court on behalf of Rousselle to answer
the question submitted by the government: whether the constitution
requires separate school bus systems for English and French schools.
Rousselle told reporters this week that it's not unusual for the
attorney general's office to hire outside lawyers like Richard.
Sometimes "the lawyers in the office are too busy, basically … and
sometimes it happens that if we have constitutional cases, it's too
much."
Rousselle suggested he had no role in choosing Richard specifically.
"I can ask my deputy minister or assistant deputy minister the way he
was chosen, but I'll have to come back to you on that," he said.
Richard is also the brother-in-law of federal Liberal MP Dominic
LeBlanc, a prominent political ally of Premier Brian Gallant.
Richard did not respond Thursday to CBC's request for a comment on how
he was selected for the case.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 16 Feb 2016 17:01:32 -0400
Subject: YO Andre Richard QC No doubt Attorney General Serge Rousselle
knows that I would like to intervene but out of the gate everybody
knows that YOU and Chief Justice Ernest Drapeau have a conflict of
interest in dealing with mean old me
To: "serge.rousselle" <serge.rousselle@gnb.ca>, nbpc <nbpc@gnb.ca>,
"ht.lacroix" <ht.lacroix@cbc.ca>, dan.ciraco@cbc.ca, "Wayne.Gallant"
< Wayne.Gallant@rcmp-grc.gc.ca>
marc.pichette@radio-canada.ca, Chuck.Thompson@cbc.ca, Joe Friday
< Friday.Joe@psic-ispc.gc.ca>, damianpenny@gmail.com,
jpink@pinklarkin.com, andrew <andrew@frankmagazine.ca>, andrewjdouglas
< andrewjdouglas@gmail.com>, "justin.trudeau.a1"
< justin.trudeau.a1@parl.gc.ca>
"info@pco-bcp.gc.ca" <info@pco-bcp.gc.ca>, "Michael.Wernick"
< Michael.Wernick@pco-bcp.gc.ca
< stephen.harper.a1@parl.gc.ca>
< investigations@cbc.ca>, gopublic <gopublic@cbc.ca>, "Jacques.Poitras"
< Jacques.Poitras@cbc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"terry.seguin" <terry.seguin@cbc.ca>, nmoore <nmoore@bellmedia.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, news <news@kingscorecord.com>,
newsroom <newsroom@globeandmail.ca>, news-tips
< news-tips@nytimes.com>, news <news@hilltimes.com>, news919
< news919@rogers.com>, oldmaison <oldmaison@yahoo.com>, radical
< radical@radicalpress.com>, merv <merv@northwebpress.com>, leader
< leader@greenparty.ca>, "Elizabeth.May.C1"
< Elizabeth.May.C1@parl.gc.ca>, andre <andre@jafaust.com>,
"steve.roberge" <steve.roberge@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
< rona.ambrose.A1@parl.gc.ca>, iteam <iteam@cbc.ca>,
"arichard@stewartmckelvey.com" <arichard@stewartmckelvey.com>
Check the documents hereto attached then check the docket in the Court
you visited today
These are the recordings of my latest apearances in Federal Court
(File no T-1557-15) notice I talked about your law firm quite a bit on
Jan 11th? Kinda funny CBC does not report a thing N'esy Pas?
Judge Bell Dec 14th, 2015
https://archive.org/details/
Judge Southcott Jan 11th, 2016
https://archive.org/details/
http://davidraymondamos3.
http://davidraymondamos3.
Veritas Vincit
David Raymond Amos
902 800 0369
P.S. I made a comment today anyway
http://www.cbc.ca/news/canada/
Attorney general may have to argue both sides of dual bus case
Chief Justice Ernest Drapeau says Serge Rousselle may be 'duty-bound'
to present both pro and con positions
By Jacques Poitras, CBC News Posted: Feb 16, 2016 1:56 PM AT
A constitutional case on duality in school busing got underway Tuesday
with New Brunswick's chief justice throwing a potential legal
curveball at Attorney General Serge Rousselle.
Ernest Drapeau suggested during a procedural hearing that he might
require the attorney general to argue both for and against the
constitutionality of dual school busing systems.
The provincial government is asking the New Brunswick Court of Appeal
to rule whether the dual-education provisions of the Constitution also
require two school bus systems — one for English schools and one for
French schools.
Dual language bus issue hearing begins in Court of Appeal
Court of Appeal sets initial dual busing hearing date
Serge Rousselle sends dual busing case to appeal court
The province plans to argue that the answer should be 'Yes.' But
Drapeau told a courtroom packed with lawyers, journalists and citizens
that the attorney general is expected to be independent of government
on legal questions.
That might mean Rousselle's outside lawyer, André Richard, may have to
make "a more balanced presentation" to ensure the issue is fully
debated.
'Is the attorney general not supposed to be independent of the
government and is he not, because of that independence, duty-bound to
present all arguments, both pro and con the position of the
government?'
- Ernest Drapeau, chief justice
"Shouldn't the attorney general's approach be: Mr. Richard will appear
and present the arguments for and against the government's position
that the reference question should be answer in the affirmative?"
Drapeau asked.
"Is the attorney general not supposed to be independent of the
government and is he not, because of that independence, duty-bound to
present all arguments, both pro and con the position of the
government?"
A reference case is not like a normal adversarial court case, Drapeau
said. The government is asking the court a question, and there's no
official adversary.
So it's different from a criminal prosecution, when the attorney
general argues for conviction, or a civil lawsuit where he must defend
legislation being challenged.
Serge Rousselle
Attorney General Serge Rousselle described the prospect of arguing
both as 'quite unusual.' (CBC)
This may be a case where the attorney general is "required to be
everything but partisan," Drapeau said. "I mean partisan in the sense
of taking a side in the dispute."
Declaring himself "old school" on the attorney general's "special
responsibilities," Drapeau called the question "an area of deep
concern for me as chief justice." He asked Richard to deal with the
issue in legal submissions he will file on the case in May.
"This is a very fundamental question. It's not one I have a ready made
answer to do ... I think it goes to the heart of the situation."
Outside the court, Richard told reporters that the chief justice's
point was "interesting" and "a bit novel," and said the prospect of
arguing both sides was "quite unusual."
"We will need to research and reflect upon that issue," he said, "then
come back to the chief justice."
Kris Austin, the leader of the People's Alliance of New Brunswick,
said he was glad Drapeau gave Rousselle "somewhat of a rebuke" for
arguing for a 'Yes' on the question.
"Hopefully the government will rethink that, the attorney general will
rethink that, and be sure that all sides are heard here."
Costs of interveners, translation raised
After weeks of controversy on the issue last spring, Rousselle
announced he would ask the Court of Appeal whether the constitutional
protection of English and French schools extends to the school buses
that children use.
The court is unlikely to hear the substantive arguments in the case
before the fall.
Tuesday's hearing was to lay out the procedural issues in this case,
such as establishing filing deadlines and setting dates to hear
applications from groups wanting to intervene and make arguments.
André Richard
The province's outside lawyer, André Richard, may have to make 'a more
balanced presentation' to ensure the issue is fully debated. (Jacques
Poitras/CBC)
But Drapeau served notice that the reference case, the first in the
province since 1993, raises a range of complex legal issues.
He gave Richard until May 13 to file a submission on those issues. The
court will hear applications from potential interveners May 24-25.
That hearing will also look at who will pay the legal costs of those
interveners. Drapeau hinted that, given the province has put this
issue before the courts, it may be expected to pay the bills for
everyone.
He said he didn't want to see a situation where a range of francophone
groups argue for a 'Yes' against the 'No' interveners, who may lack
the money to mount their best legal argument.
Austin said that would be "huge for us." His political party will ask
to intervene to argue for a 'No,' but Austin says it doesn't have the
money to hire constitutional law experts. "It would certainly help us
develop a strong case going forward."
Besides the attorney general's possible obligation to argue both
sides, Drapeau also asked for input on how the case will comply with
bilingualism requirements.
For example, he said, anglophone interveners may have a right to have
filings by francophone groups translated into their language, and vice
versa, he said, and if so, someone will have to do the translation and
pay for it. "Who will bridge the great divide?" he asked.
He also chastised the government for including six "whereas" clauses
in the wording of the question it submitted to the court, suggesting
the clauses aren't neutral and could be seen as trying to influence
the decision.
And he pointed out the law governing reference cases seems to obligate
the Court of Appeal to hear any case the province deems important,
which he called a potential infringement on judicial independence.
Drapeau also signaled his annoyance that the regular Court of Appeal
courtroom at Fredericton's Justice Building is not equipped for
simultaneous translation, something he called "essential" in an
officially bilingual province.
"You may be surprised to know that, but that's a fact," he said in
explaining why the Court of Appeal had to borrow a federal court
courtroom two blocks away for Tuesday's hearing.
Comments on this story are moderated according to our Submission
Guidelines. Comments are welcome while open. We reserve the right to
close comments at any time.
61 Comments
David Amos
Methinks that I hear the ghosts of my ancestors telling me to
intervene. So Hubby baby Lacroix what are your telling you to do? I
bet the lawyer in you will tell you to ignore your conscience and
block my comments as usual N'esy Pas Jacques Poitras?
10 minutes ago 0 Likes
knowing that a certain evil little Yankee carpetbagger who campaigned
for Hillary before going on a cruise to cry the blues no doubt pissed
in his old man pampers when Jacques Poitras mentioned Justice Richard
Petrie again?
http://www.cbc.ca/news/canada/
Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
Kirk MacDonald says Liberals drafted bill to help put Jolène Richard
and André Richard on court
By Jacques Poitras, CBC News Posted: Nov 24, 2016 6:03 PM AT
Jacques Poitras has been CBC's provincial affairs reporter in New
Brunswick since 2000. Raised in Moncton, he also produces the CBC
political podcast Spin Reduxit.
Tory MLA Kirk MacDonald said in the legislature he believes the
Liberal government's judge-moving bill is designed to help put Liberal
MP Dominic LeBlanc's spouse and brother-in-law on the Court of Queen's
Bench. (CBC)
A Progressive Conservative MLA has taken the unusual step of naming
names — including that of a sitting provincial court judge — in his
attack on a proposed law on how Court of Queen's Bench judges are
transferred.
Kirk MacDonald told the legislature last week that he believes the
government bill was drafted to help the spouse and the brother-in-law
of federal Liberal MP Dominic LeBlanc, a close ally of Premier Brian
Gallant.
nb-andre-richard-jolene-
A Progressive Conservative MLA believes the Liberal government's
judge-moving bill was drafted to help have André Richard and Jolène
Richard appointed to the Court of Queen's Bench. (CBC)
"I will give you two names. I will give you Jolène Richard and André
Richard, two people I believe are looking for judicial appointments
here in New Brunswick," MacDonald said during second-reading debate on
the bill.
In fact, Jolène Richard is already a provincial court judge. André
Richard is her brother and a senior lawyer at Stewart McKelvey.
Province names new judge, wife of MP Dominic LeBlanc
"Dominic LeBlanc has some judges that he wants to appoint in New
Brunswick, and the framework as it currently exists does not allow for
that to happen," MacDonald said.
André Richard stated Thursday he "had no involvement in the
government's decision to propose changes to the Judicature Act."
"As you know, my sister is already a judge who sits in Moncton. I fail
to understand why our names are being brought into this debate."
Bill gives veto to minister
The Liberal bill would amend the Judicature Act, which governs how
courts operate, to give the justice minister a veto over Chief Justice
David Smith of the Court of Queen's Bench transferring judges from one
court to another.
nb-chief-justice-david-smith
Court of Queen's Bench Chief Justice David Smith has transferred 13
judges since becoming chief justice in 1998. (Acadia University)
PC MLAs have hinted in the past about who they believe the bill was
designed to help. But until now, no one was willing to name them.
It's rare for politicians to draw sitting judges into partisan
debates, and the veteran Tory MLA did not offer any evidence to back
up his allegations. He turned down a request to explain his views in
an interview.
Parliamentary privilege
Parliamentary privilege protects members of the legislature from being
sued for defamation or held in contempt of court for comments they
make during proceedings. No such protection exists for things they say
outside the legislature.
Provincial court judges such as Richard are appointed by the province,
but Court of Queen's Bench justices are named by Ottawa. Both courts
are administered by the province, but the current law gives Smith the
power to move judges on his court on his own.
Smith has argued the bill would threaten the independence of the
courts, which could make it unconstitutional.
Bill brought back
The Liberals introduced the bill during the last session, but it
didn't pass before the session ended. They brought it back last week.
Justice Minister Denis Landry said last week the bill was designed to
bring "best practices" to court administration and end the pattern of
justices being named to smaller courthouses and then being transferred
soon after.
Judge-moving legislation introduced again
2 chief justices appear at odds over judge-moving bill
7 things list reveals about controversial judge-moving bill
"This is what we want to correct," he said. "If we name a judge, they
should reside there, for a long period of time, not just two or three
months then move them where they want to go."
Asked whether he'd veto such a transfer, Landry said, "This is what we'll see."
Landry's department said Thursday it would not comment on MacDonald's
accusation.
Larger locations favoured
MacDonald said during last week's debate that it's true Court of
Queen's Bench justices are often appointed to smaller locations and
are then moved to one of the three largest cities.
Dominic LeBlanc
Federal Fisheries Minister Dominic LeBlanc is a close ally of New
Brunswick Premier Brian Gallant. (CBC)
He said that court postings in Moncton, Fredericton, and Saint John
are "The positions that everyone seems to want."
And he said the current system for moving judges, "which is controlled
by the chief justice, does not work for Dominic LeBlanc and the
Liberal Party of New Brunswick," MacDonald said.
Upside to judge-moving bill touted by ex-constitutional lawyer
Gallant government's judge-moving bill questioned by legal expert
"They want to change it. They want to have a situation where they have
a mechanism to control that decision and to effect change on that
decision."
In June, Smith transferred Justice Tracey DeWare from Woodstock to
Moncton and Justice Richard Petrie from Saint John to Woodstock.
DeWare was moved to fill a vacancy after Justice Brigitte Robichaud
switched to supernumerary, or part-time, status.
Jolène Richard did not respond to interview requests.
Kirk MacDonald and everybody and his dog knows that I go to great
lengths to make certain that politicians, the CBC and evil little
lawyers such as David Lutz, Andre Richard and Attorney General Serge
Rousselle et al all the truth about my opinions about their malicious
actions.
Furthermore the smiling bastards all know I publish everything
including the comments that CBC blocks illegally and dare them all to
sue if they think they can prove that I am a liar. CORRECT?
In fact sometimes the unethical smiling bastards within CBC publish my
opinions about the nonsense of it all when it suits their malicious
union to do so.
N'esy Pas David Lutz QC?
http://davidraymondamos3.
Thursday, 17 November 2016
The Liebranos of New Brunswick drops their senseless litigation and
the Mother Corp shows us her nasty partisan arse on the same day EH?
http://www.cbc.ca/news/canada/
Gallant government abandons school bus duality court case
Education Minister Brian Kenny says decision on school busing will be
left up to school districts
By Jacques Poitras, CBC News Posted: Nov 16, 2016 3:23 PM AT
161 Comments were allowed however no doubt there were many more but I
can only know about the the ones of mine that CBC blocked. We should
ask ouselves what else was blocked.
Commenting is now closed for this story.
Ben Robinson
Good. Now lets get rid of the whole wasteful dual busing system.
23 hours ago
David Raymond Amos
@Ben Robinson Beware that you don't raise the Ire of certain snobby
bureaucrats that don't want their kids on the bus with ours for fear
they may enjoy conversing with fellow Maritimers in English.
20 hours ago
William Roberts
@Ben Robinson Such a waste of Time , money and energy to arrive back
in Limbo. Lets see what this whole issue is costing tax payers?
Tired of politicians at every level ducking that one question. HOW MUCH?
20 hours ago
David Raymond Amos
@William Roberts I suspect that is the first question Dominic
Leblanc's Brother in Law Andre Richard asked himself. HOW MUCH money
could he make in legal fees while getting even byway of embarrassing
his old foe.
Methinks if you go back to one of the first CBC reports about this
senseless action you may agree with my opinion. Have look see.
http://www.cbc.ca/news/canada/
19 hours ago
Shawn McShane
@David Raymond Amos Is everyone related in NB Government? Seems like
it. Check out the names on all the crown corp sunshine lists and cross
reference it to MPs past and present. There is no LibCon they are
married. Lets vote different for once in our lives.
17 hours ago
Ben Robinson
@William Roberts I believe I read that busing for schools cost ~$65
million annually. I suspect that by gong down to one system, we'd save
30-40% of that.
15 hours ago
Alex Forbes
@Ben Robinson Anglophone Party of NB?
13 hours ago
David Raymond Amos
@Shawn McShane Why do think I ran for public office five times?
4 hours ago
David Raymond Amos
Content disabled.
@Alex Forbes Nope its time to the ordinary French and English folks to
form and new political party and call it something simple like PO for
Pissed Off or KISS fo Keep It Simple Stupid.
Do tell did anyone bother to Paul Hellyer's book called "Good Bye
Canada" or what political party he created and why??? It was a Hell of
piece of work.
What really took the cake for me year later was when I was running in
the Election of the 38th Parliament the French lawyer Bernie Lord had
the Prima Donna artsy fartsy French Lt Governor and the French Sgt at
Arms who was ex RCMP/GRC member who found the dope in Hatfield's
baggage when he was traveling with the Queen bar me for parliamentary
properties.
Trust thatI wrote a letter to the Lt Governor of New Brunswick and
made it a point to remind that snobby French man of what Louis Riel
wrote in his diary before the RCMP/GRC had him hung. Old Louie the
Metis warned us that the French would take back Canada without out
firing a shot.
Everybody knows the evil Liebrano lawyers from Quebec Chretien and
Trudeau "The Elder" started that ball rolling in 193 with the revision
of the Constitution. Many years later the mindless pretty boy Trudeau
"The Younger" is following his Fat Daddy's Liebrano playbook to the
letter. N'esy Pas?
3 hours ago
David Raymond Amos
@David Raymond Amos FYI Way back in the early eighties after Trudeau
"The Elder" did in the folks living in "The Pace To BE" with a Charter
he and his buddy Jean Chretien created to screw the English with I
became a card carrying member of an Anglophone Society in NB for valid
reasons. It was after my mother in law whom I dearly and truly loved
(Imagine that?) had to retire early from the RCMP/GRC because she
could not speak French even though she had done her job just fine
since 1954 ( I believe I still have that old membership card somewhere
in box of mementos along with a picture of a very fine lady)
That said in looking back in the over 30 years since, I must confess
that the average French taxpayer in New Brunswick have been screwed
every bit as much as the English ones. The only French people making a
big score work for the government while the rest of the the French and
English folks pay their way byway of more and more taxes as our
services are constantly cut.
A lot of French people who made the big score came down here from
Quebec. Among the first to come were members of the RCMP/GRC. (Did
anybody notice that Quebeckers are wise enough not employ that very
corrupt Federal Para-Military Force?) Anyway most the the French GRC
members would only speak their lingo to us as they pummeled us with
speeding tickets etc. Hence the creation of the New Brunswick Highway
Patrol, Anglophone Societies and the COR party.
3 hours ago
David Raymond Amos
Content disabled.
@David Raymond Amos Yo CBC check my Twitter account and your email accounts
13 minutes ago
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 19 Feb 2016 08:25:38 -0400
Subject: YO Andre Richard QC and Attorney General Serge Rousselle its
a small wonder to mean old me that CBC has no comment section for
their recent revelation particularly after what happened in court in
Saint John yesterday N'esy Pas David Lutz QC?
To: "serge.rousselle" <serge.rousselle@gnb.ca>, nbpc <nbpc@gnb.ca>,
"ht.lacroix" <ht.lacroix@cbc.ca>, dan.ciraco@cbc.ca, "Wayne.Gallant"
< Wayne.Gallant@rcmp-grc.gc.ca>
marc.pichette@radio-canada.ca, Chuck.Thompson@cbc.ca, Joe Friday
< Friday.Joe@psic-ispc.gc.ca>, damianpenny@gmail.com,
jpink@pinklarkin.com, andrew <andrew@frankmagazine.ca>, andrewjdouglas
< andrewjdouglas@gmail.com>, "justin.trudeau.a1"
< justin.trudeau.a1@parl.gc.ca>
"info@pco-bcp.gc.ca" <info@pco-bcp.gc.ca>, "Michael.Wernick"
< Michael.Wernick@pco-bcp.gc.ca
< stephen.harper.a1@parl.gc.ca>
< investigations@cbc.ca>, gopublic <gopublic@cbc.ca>, "Jacques.Poitras"
< Jacques.Poitras@cbc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"terry.seguin" <terry.seguin@cbc.ca>, nmoore <nmoore@bellmedia.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, news <news@kingscorecord.com>,
newsroom <newsroom@globeandmail.ca>, news-tips
< news-tips@nytimes.com>, news <news@hilltimes.com>, news919
< news919@rogers.com>, oldmaison <oldmaison@yahoo.com>, radical
< radical@radicalpress.com>, merv <merv@northwebpress.com>, leader
< leader@greenparty.ca>, "Elizabeth.May.C1"
< Elizabeth.May.C1@parl.gc.ca>, andre <andre@jafaust.com>,
"steve.roberge" <steve.roberge@gnb.ca>, "rona.ambrose.A1"
< rona.ambrose.A1@parl.gc.ca>, iteam <iteam@cbc.ca>,
"arichard@stewartmckelvey.com" <arichard@stewartmckelvey.com>
< bdysart@stewartmckelvey.com>
Cc: David Amos <david.raymond.amos@gmail.com>
david <david@lutz.nb.ca>, jeff.michaelson@gnb.ca, johanne.bray@gnb.ca,
george.oram@gnb.ca, sheri.shannon@gnb.ca, "David.Coon"
< David.Coon@gnb.ca>, "Stephen.Horsman" <Stephen.Horsman@gnb.ca>,
"peter.klohn" <peter.klohn@fcnb.ca>, Ryan.Martin@gnb.ca,
"dominic.leblanc.c1" <dominic.leblanc.c1@parl.gc.ca
< premier@gnb.ca>
Hey
Everybody and his dog knows that Judge Richard Petrie and several
other judges in the Court of the Queen's Bench and the Provincial
Court in New Brunswick have a rather huge conflict of interest
because their politcal appoinments of our polical actions and over the
past 12 years CORRECT Davey Baby Lutz? Trust that I was not surprised
that Petrie did not want to meet me just like the lawyer Peter klon
did not either.
It was blatantly clear to me that the minions working for Stevey Boy
Horseman New Brunswick's latest Minister of Justice in Saint john did
not want to discuss securities fraud with me after the deputy sheriffs
stopped me from assisting my friend against YOUR malicious actions him
just like I did 12 years ago EH Davey Baby Lutz?
However these affidavits are in the PUBLIC RECORD and a Deputy Sheriff
in a white shirt wacthed us properly file them. Furthermore as a
doublecheck Judge Petrie did hear my friend read his affidavit into
the public record BEFORE you and the malicious Sgt JEFF Michaeson
pounced on my friend and I after the hearing was over CORRECT Mr "Far
From Ethical" Lutz?
Court File No: FDSJ-534-02
IN THE COURT OF THE QUEEN’S BENCH OF NEW BRUNSWICK
FAMILY DIVISION JUDICIAL DISRICT OF SAINT JOHN
BETWEEN:
ANNE
BOURQUE (formerly TABOR)
Applicant
- and -
SHAWN TABOR
Respondent
COUNSEL :
AFFIDAVIT OF SHAWN ALBERT TABOR
1. I, Shawn Albert Tabor of Apohaqui, New Brunswick am providing this
affidavit as ordered by the court on October 7th, 2015 before the
upcoming hearing of this matter on February 18th, 2016.
2. I have no understanding why Anne Bourque claims that I am in
arrears or why her lawyer David M. Lutz Q.C. wants this court to order
me to file with Revenue Canada so that he can see my up to date tax
records. He has had copies of my pay stubs for months. Furthermore his
client, Anne Bourque has had the Province of New Brunswick garnish my
wages for the benefit of both of my children since May of 2015. It is
my belief that I have paid too much child support for over two years.
If the court wants to check anyone’s tax records they should be that
of my son, Mark Jesse Tabor. He is now 20 years old and has been
gainfully employed for the two years since he turned 18 years of age.
More importantly with regards to the current matter now before the
court, I suspect that if Anne Bourque were to testify under oath she
could not deny that since the summer of 2002 I have supported her and
our sons financially far beyond any order of this court has obliged me
to do.
3. On August 10th, 2015 during a hearing of this matter I gave the
court a written statement of mine in which I mention that I had a
friend who assisted me in understanding the actions of Anne Bourque
against me in 2004. His name is David Raymond Amos and in November of
2015 I asked him to do so again.
4. Pursuant to the foregoing statements please find hereto attached an
affidavit of my friend, David Raymond Amos as Exhibit A and several of
his documents attached as Exhibit B in order to support the statements
within his affidavit.
5. I plan to call David Raymond Amos as witness during the hearing of
this matter on February 18th, 2016 in order for him to assist me in
explaining to the court our understanding of this matter brought
before the court by Anne Bourque and her lawyer David M. Lutz Q.C. It
is time to settle this divorce once and for all.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED at Sussex, New Brunswick, this the 1st day of February, 2016
___________________________
Shawn Albert Tabor
5 Campbell Street,
P.O. Box 362,
Apohaqui,NB
E5P 3N9
Sworn before me, a Commissioner of Oaths,
on this the 1st day of February, 2016 at the
Town of Sussex, in the County of Kings,
Province of New Brunswick,
Dominion of Canada
My commission expires
Court File No: FDSJ-534-02
IN THE COURT OF THE QUEEN’S BENCH OF NEW BRUNSWICK
FAMILY DIVISION
JUDICIAL DISRICT OF SAINT JOHN
BETWEEN:
ANNE
BOURQUE (formerly TABOR)
Applicant
- and -
SHAWN TABOR
Respondent
COUNSEL :
AFFIDAVIT OF DAVID RAYMOND AMOS, A WITNESS TO THE ACTIONS OF THE CROWN
AND DAVID LUTZ QC
1. I, David Raymond Amos am a longstanding friend of Shawn Tabor
(Shawn), his family and many friends that we have in common. I know
Shawn to be a very decent, honest, hardworking man who pays his debts
and taxes. With regards to this matter I know for a fact that he loves
his two sons dearly and has supported them financially far more than
what has been ordered by this court.
2. In the summer of 2004 at his request I did my best to assist Shawn
with his legal matters. I introduced him to Joyce Richardson, the
lawyer he hired to act on his behalf in a matter brought by the CROWN
before provincial court (File No: 03683103) on the behalf of Anne
Bourque which ended on September 9th, 2004 and an action she had
brought before this court within this file which ended on August 30th,
2005. I attended both hearings in the aforesaid matters and was not
called to testify. Both of the aforesaid matters concluded to the
satisfaction of my friend. After that Shawn and I did not discuss his
concerns about any legal matter of his until June of 2015 but we had
many conversations about my legal matters as I visited his home etc.
over the years since 2005.
3. In June of 2015 Shawn informed me that Anne Bourque and her lawyer
David M. Lutz Q.C. (Lutz) were summoning him before this court for
monetary reasons that he did not understand. He cannot afford a lawyer
and also knew he would have a difficult time finding one to represent
him because of our friendship so he was responding to Lutz in a per se
fashion.
4. Whereas I am not a lawyer, the best advice I could give Shawn in
June of 2015 was to mention my name in his documents and to file in
the record of the matter the affidavit of mine that the lawyer, Joyce
Richardson had used on his behalf eleven years before. If the matter
was carried forward then all he had to do was call me as a witness to
testify in order to explain my affidavit and the related documentation
to the court during a hearing of the matter. Shawn knew I had returned
to NB to run for a seat in 42nd Parliament in Fundy Royal and begin
litigation against the CROWN. Shawn also knew that Lutz is the
longstanding president of the Liberal Party for that riding and that I
had no respect for Lutz whatsoever. He understood why I would look
forward to being cross examined by Lutz on the public record so he
told me he would think about it. Shawn and I did not talk again about
this matter until I visited his home in November of 2015 and was shown
his records of this matter. I saw the statement that he gave to this
court and Lutz during a hearing on August 10th, 2015 in which he
mentioned he had a friend who had explained his legal matters to him
in 2004. I am that friend and I believe that he will file an affidavit
in this matter attesting to that fact. He explained to me that he did
not name me as that friend because of his decision not to involve
politics in his matters. He told me that Lutz was demanding that he do
things with Revenue Canada that he felt were none of Lutz’s business.
He told me that he had been ordered by the court to create a document
about his financial records and give it to Lutz before filing it in
the court records but he was also ordered not to come to Lutz’s office
to do so. In response to my friend’s concerns I volunteered to give
the required documents to Lutz and go to the Registrar’s office and
swear out the oath that it had been done. While at the Registrar’s
office Shawn and I read the records within docket of this matter and
had copies made of certain documents that he was not aware of and
ordered the recordings of the hearings on in this matter held on
August 10th and October 7th of 2015.
5. With regards to my concerns within this matter I studied closely
the documents filed in the records of this court with regard to the
hearing held on August 30th, 2005 to support Anne Tabor being found in
contempt. I found within the docket a transcript of the hearing held
in the Provincial Court on September, 9th, 2004 (File No: 03683103) in
which the CROWN and the judge discussed my affidavit in a preliminary
matter before the trial began. However I could not find a copy of the
aforesaid affidavit of mine in the records of Provincial Court nor was
it in the docket of this court. This was done in a sincere effort for
me to figure out what Lutz wanted from the court this time and then
explain it to Shawn before the upcoming hearing on February 18th,
2016.
6. For the reasons stated above hereto attached to this affidavit as
Exhibit B is my original affidavit that was served upon the CROWN and
filed with the clerk of the Provincial Court (File No: 03683103) by
the lawyer, Joyce Richardson before the hearing held on September 9th,
2004. I have also included other documents directly related to this
matter for the lawyer, David. M. Lutz Q.C. to review before the
upcoming hearing on February 18th, 2016.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED at Sussex, New Brunswick, this the 1st day of February, 2016
___________________________
David Raymond Amos
5 Campbell Street,
P.O. Box 234.
Apohaqui,NB
E5P 3G2
Sworn before me, a Commissioner of Oaths,
on this the 1st day of February, 2016 at the
Town of Sussex, in the County of Kings,
Province of New Brunswick,
Dominion of Canada
My commission expires
http://www.cbc.ca/news/canada/
Serge Rousselle, André Richard tackle school bus case despite past dispute
Attorney general hires lawyer hedemanded resign as chair of the
University of Moncton's board of directors
By Jacques Poitras, CBC News Posted: Feb 19, 2016 6:00 AM AT Last
Updated: Feb 19, 2016 6:19 AM AT
The court is being asked "Is there, in New Brunswick, a constitutional
obligation to provide distinct school transportation in relation to
one or the other official language?
The court is being asked "Is there, in New Brunswick, a constitutional
obligation to provide distinct school transportation in relation to
one or the other official language? (The Associated Press)
Photo of Jacques Poitras
Jacques Poitras
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New
Brunswick since 2000. Raised in Moncton, he also produces the CBC
political podcast Spin Reduxit.
Related Stories
Attorney general may have to argue both sides of dual bus case
Dual language bus issue hearing begins in Court of Appeal
The province's high-profile constitutional gambit on school bus
duality has created an unlikely legal alliance between two former
antagonists.
André Richard, a veteran litigator with the prominent law firm Stewart
McKelvey, is representing the attorney general in the case before the
Court of Appeal.
And the attorney general is Serge Rousselle, who publicly denounced
Richard in 2013 when Richard was the chair of the University of
Moncton's board of governors.
Serge Rouselle
Attorney General Serge Rouselle had once called for Richard's
resignation from the University of Moncton's board of governors. (CBC)
At the time, Rousselle criticized the way the board hired Marie-Linda
Lord as the university's vice-president of student and international
affairs.
Rousselle was up for the job as well, but a hiring committee
recommended a third candidate. When Lord was chosen instead, Rousselle
accused Richard and the board of subverting the proper process.
Given students are told not to cheat and plagiarize, Rousselle said in
June 2013, "how do we explain that, through the head of the board of
governors, the rules were changed mid-course?"
Rousselle made the comments, and the call for Richard's resignation,
while promoting a book he wrote about the hiring controversy.
"I think that person, in that circumstance, is not a good example for
our students, so I think he has to make the necessary decision and
say, `Thank you, goodbye.'"
Richard announced three months later he would not seek a new term as
board chair. He said the "multiple attacks" on him and other
university officials meant it was in the best interests of the
university for him to not serve a second term.
Andre Richard
Andre Richard was chair of the University of Moncton’s board of
governors in 2013, and Rousselle called for his resignation over a
hiring controversy. (CBC)
Now, it's Richard asking the court on behalf of Rousselle to answer
the question submitted by the government: whether the constitution
requires separate school bus systems for English and French schools.
Rousselle told reporters this week that it's not unusual for the
attorney general's office to hire outside lawyers like Richard.
Sometimes "the lawyers in the office are too busy, basically … and
sometimes it happens that if we have constitutional cases, it's too
much."
Rousselle suggested he had no role in choosing Richard specifically.
"I can ask my deputy minister or assistant deputy minister the way he
was chosen, but I'll have to come back to you on that," he said.
Richard is also the brother-in-law of federal Liberal MP Dominic
LeBlanc, a prominent political ally of Premier Brian Gallant.
Richard did not respond Thursday to CBC's request for a comment on how
he was selected for the case.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 16 Feb 2016 17:01:32 -0400
Subject: YO Andre Richard QC No doubt Attorney General Serge Rousselle
knows that I would like to intervene but out of the gate everybody
knows that YOU and Chief Justice Ernest Drapeau have a conflict of
interest in dealing with mean old me
To: "serge.rousselle" <serge.rousselle@gnb.ca>, nbpc <nbpc@gnb.ca>,
"ht.lacroix" <ht.lacroix@cbc.ca>, dan.ciraco@cbc.ca, "Wayne.Gallant"
< Wayne.Gallant@rcmp-grc.gc.ca>
marc.pichette@radio-canada.ca, Chuck.Thompson@cbc.ca, Joe Friday
< Friday.Joe@psic-ispc.gc.ca>, damianpenny@gmail.com,
jpink@pinklarkin.com, andrew <andrew@frankmagazine.ca>, andrewjdouglas
< andrewjdouglas@gmail.com>, "justin.trudeau.a1"
< justin.trudeau.a1@parl.gc.ca>
"info@pco-bcp.gc.ca" <info@pco-bcp.gc.ca>, "Michael.Wernick"
< Michael.Wernick@pco-bcp.gc.ca
< stephen.harper.a1@parl.gc.ca>
< investigations@cbc.ca>, gopublic <gopublic@cbc.ca>, "Jacques.Poitras"
< Jacques.Poitras@cbc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"terry.seguin" <terry.seguin@cbc.ca>, nmoore <nmoore@bellmedia.ca>,
"steve.murphy" <steve.murphy@ctv.ca>, news <news@kingscorecord.com>,
newsroom <newsroom@globeandmail.ca>, news-tips
< news-tips@nytimes.com>, news <news@hilltimes.com>, news919
< news919@rogers.com>, oldmaison <oldmaison@yahoo.com>, radical
< radical@radicalpress.com>, merv <merv@northwebpress.com>, leader
< leader@greenparty.ca>, "Elizabeth.May.C1"
< Elizabeth.May.C1@parl.gc.ca>, andre <andre@jafaust.com>,
"steve.roberge" <steve.roberge@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
< rona.ambrose.A1@parl.gc.ca>, iteam <iteam@cbc.ca>,
"arichard@stewartmckelvey.com" <arichard@stewartmckelvey.com>
Check the documents hereto attached then check the docket in the Court
you visited today
These are the recordings of my latest apearances in Federal Court
(File no T-1557-15) notice I talked about your law firm quite a bit on
Jan 11th? Kinda funny CBC does not report a thing N'esy Pas?
Judge Bell Dec 14th, 2015
https://archive.org/details/
Judge Southcott Jan 11th, 2016
https://archive.org/details/
http://davidraymondamos3.
http://davidraymondamos3.
Veritas Vincit
David Raymond Amos
902 800 0369
P.S. I made a comment today anyway
http://www.cbc.ca/news/canada/
Attorney general may have to argue both sides of dual bus case
Chief Justice Ernest Drapeau says Serge Rousselle may be 'duty-bound'
to present both pro and con positions
By Jacques Poitras, CBC News Posted: Feb 16, 2016 1:56 PM AT
A constitutional case on duality in school busing got underway Tuesday
with New Brunswick's chief justice throwing a potential legal
curveball at Attorney General Serge Rousselle.
Ernest Drapeau suggested during a procedural hearing that he might
require the attorney general to argue both for and against the
constitutionality of dual school busing systems.
The provincial government is asking the New Brunswick Court of Appeal
to rule whether the dual-education provisions of the Constitution also
require two school bus systems — one for English schools and one for
French schools.
Dual language bus issue hearing begins in Court of Appeal
Court of Appeal sets initial dual busing hearing date
Serge Rousselle sends dual busing case to appeal court
The province plans to argue that the answer should be 'Yes.' But
Drapeau told a courtroom packed with lawyers, journalists and citizens
that the attorney general is expected to be independent of government
on legal questions.
That might mean Rousselle's outside lawyer, André Richard, may have to
make "a more balanced presentation" to ensure the issue is fully
debated.
'Is the attorney general not supposed to be independent of the
government and is he not, because of that independence, duty-bound to
present all arguments, both pro and con the position of the
government?'
- Ernest Drapeau, chief justice
"Shouldn't the attorney general's approach be: Mr. Richard will appear
and present the arguments for and against the government's position
that the reference question should be answer in the affirmative?"
Drapeau asked.
"Is the attorney general not supposed to be independent of the
government and is he not, because of that independence, duty-bound to
present all arguments, both pro and con the position of the
government?"
A reference case is not like a normal adversarial court case, Drapeau
said. The government is asking the court a question, and there's no
official adversary.
So it's different from a criminal prosecution, when the attorney
general argues for conviction, or a civil lawsuit where he must defend
legislation being challenged.
Serge Rousselle
Attorney General Serge Rousselle described the prospect of arguing
both as 'quite unusual.' (CBC)
This may be a case where the attorney general is "required to be
everything but partisan," Drapeau said. "I mean partisan in the sense
of taking a side in the dispute."
Declaring himself "old school" on the attorney general's "special
responsibilities," Drapeau called the question "an area of deep
concern for me as chief justice." He asked Richard to deal with the
issue in legal submissions he will file on the case in May.
"This is a very fundamental question. It's not one I have a ready made
answer to do ... I think it goes to the heart of the situation."
Outside the court, Richard told reporters that the chief justice's
point was "interesting" and "a bit novel," and said the prospect of
arguing both sides was "quite unusual."
"We will need to research and reflect upon that issue," he said, "then
come back to the chief justice."
Kris Austin, the leader of the People's Alliance of New Brunswick,
said he was glad Drapeau gave Rousselle "somewhat of a rebuke" for
arguing for a 'Yes' on the question.
"Hopefully the government will rethink that, the attorney general will
rethink that, and be sure that all sides are heard here."
Costs of interveners, translation raised
After weeks of controversy on the issue last spring, Rousselle
announced he would ask the Court of Appeal whether the constitutional
protection of English and French schools extends to the school buses
that children use.
The court is unlikely to hear the substantive arguments in the case
before the fall.
Tuesday's hearing was to lay out the procedural issues in this case,
such as establishing filing deadlines and setting dates to hear
applications from groups wanting to intervene and make arguments.
André Richard
The province's outside lawyer, André Richard, may have to make 'a more
balanced presentation' to ensure the issue is fully debated. (Jacques
Poitras/CBC)
But Drapeau served notice that the reference case, the first in the
province since 1993, raises a range of complex legal issues.
He gave Richard until May 13 to file a submission on those issues. The
court will hear applications from potential interveners May 24-25.
That hearing will also look at who will pay the legal costs of those
interveners. Drapeau hinted that, given the province has put this
issue before the courts, it may be expected to pay the bills for
everyone.
He said he didn't want to see a situation where a range of francophone
groups argue for a 'Yes' against the 'No' interveners, who may lack
the money to mount their best legal argument.
Austin said that would be "huge for us." His political party will ask
to intervene to argue for a 'No,' but Austin says it doesn't have the
money to hire constitutional law experts. "It would certainly help us
develop a strong case going forward."
Besides the attorney general's possible obligation to argue both
sides, Drapeau also asked for input on how the case will comply with
bilingualism requirements.
For example, he said, anglophone interveners may have a right to have
filings by francophone groups translated into their language, and vice
versa, he said, and if so, someone will have to do the translation and
pay for it. "Who will bridge the great divide?" he asked.
He also chastised the government for including six "whereas" clauses
in the wording of the question it submitted to the court, suggesting
the clauses aren't neutral and could be seen as trying to influence
the decision.
And he pointed out the law governing reference cases seems to obligate
the Court of Appeal to hear any case the province deems important,
which he called a potential infringement on judicial independence.
Drapeau also signaled his annoyance that the regular Court of Appeal
courtroom at Fredericton's Justice Building is not equipped for
simultaneous translation, something he called "essential" in an
officially bilingual province.
"You may be surprised to know that, but that's a fact," he said in
explaining why the Court of Appeal had to borrow a federal court
courtroom two blocks away for Tuesday's hearing.
Comments on this story are moderated according to our Submission
Guidelines. Comments are welcome while open. We reserve the right to
close comments at any time.
61 Comments
David Amos
Methinks that I hear the ghosts of my ancestors telling me to
intervene. So Hubby baby Lacroix what are your telling you to do? I
bet the lawyer in you will tell you to ignore your conscience and
block my comments as usual N'esy Pas Jacques Poitras?
10 minutes ago 0 Likes
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