Persistent shortage of prosecutors leading to stayed criminal charges, group says
New Brunswick prosecutors burning out as openings wait to be filled, Crown lawyer says
Shara Munn said charges are being stayed because of the inability to adhere to the "Jordan decision," a Supreme Court of Canada ruling that set out time targets to meet after charge are laid.
"We're really butting up against those timelines," she said.
"And those obviously are supposed to be sort of the outermost limits, they're not something we just should be trying to stay under in all of our cases.
"But unfortunately, that's where we're at."
There's a stack of files on a prosecutor's desk, and they're just not physically able to get through them all in the time we have allotted.
— Shara Munn, New Brunswick Crown Prosecutors Association president
The Jordan decision said a person who is charged shouldn't have to wait more than 18 or 30 months for a trial, depending on the the kind of trial. Otherwise, the delay could be seen as a violation of an accused person's rights, Munn said.
Under the Charter of Rights, the accused could argue the delay is unreasonable and seek to have their charges stayed, which halts further legal proceedings.
Munn said even murder charges could be stayed because of the Jordan rules, but these are cases that prosecutors try to make sure get to trial.
"For me, it's the other cases that impact the majority of New Brunswickers that I start to worry about and that our members are concerned about," Munn said.
"It is the things where people are typically victim, you know, things like theft, things like assault and sexual assaults. These are the types of files that we are seeing stayed by the courts."
Munn said she doesn't have an exact number for how many cases have been stayed by the courts but there have been "quite a few."
"I think that the public would be very alarmed and very concerned if they realized that that's what's happening, you know, on a weekly or semi-weekly basis around the province," said Munn.
She said the association has requested numbers from the government for a fuller picture of how many cases have been stayed.
The association has also asked to participate in Public Safety Minister Kris Austin's provincewide public safety consultations that began in the summer.
WATCH | 'These are the types of files that we are seeing stayed':
CBC News asked the department for comment on the association's concerns and for an update on filling the 30 new positions promised in April on top of the 60 or so that already exist.
On Friday afternoon, a department spokesperson said in an email that of the 30 new positions, 18 new prosecutors were hired.
"We want every charge decided on its merits with none being stayed for pre-trial delay. Every case that ends that way represents a failure of the entire system," the statement read.
The spokesperson said the number of cases stayed by the courts is low, and said to date, "the unavailability of Prosecutors has not been the cause of any Jordan stays, rather they have been the result of systemic issues including the availability of witnesses and court time."
Munn said prosecutors are still burning out. Several months after the new positions were added, "we're no further ahead."
The
N.B. Crown Prosecutors Association has written a letter to Public
Safety Minister Kris Austin asking to be included in his cross-province
public safety consultations. (Aniekan Etuhube/CBC)
"There's a stack of files on a prosecutor's desk, and they're just not physically able to get through them all in the time we have allotted, and that includes working, you know, a whole lot of what I would call unpaid overtime," Munn said. "We're not entitled to overtime.
"Working nights and weekends, reviewing search warrants for police on an on-call basis, none of those things are compensated. And so when you're doing them for an extended period of time, and it's burning you out, and you just feel like you're never going to get ahead of it — that's a really vicious cycle to be in."
But not only that, Munn said, the system has also lost some prosecutors since the creation of the new positions, making the net gain low.
The statement from the Public Safety Department said the 18 new hires represent a net gain of seven prosecutors because the other 11 filled previously vacant positions or replaced prosecutors who retired, resigned or moved into management positions.
Munn said the system doesn't only need junior Crown prosecutors. It also needs to be able to keep senior Crowns who are handling bigger files, such as murder and sexual assault cases.
Munn wants to see a big push on retention for Crown prosecutors. In terms of recruitment, New Brunswick just isn't competitive with jurisdictions across the country, especially for senior prosecutors.
"It is difficult to … attract new members to come work for us when you say 'OK, well, not only do we have the lowest salary, but also our working conditions are pretty awful right now just because of the understaffing," she said.
"We wish we had something more attractive in terms of a compensation package to offer people to get them in the door."
ABOUT THE AUTHOR
With files from Rachel Cave
78 Comments
David Amos
The Crown can cry me a river
David Amos
Methinks Shara Munn should review the emails I sent her on the Ides of March 2021 N'esy Pas?
David Amos
Kris Austin's Deputy Mike Comeau should recall
our conversation and study the Hard Copy of all the documents I gave him
and his buddy Kinsella in 2006 after I ran in the election of the 39th
Parliament in Fredericton Ronald Miller
So now the usuals are trying to blame Higgs for court
systems that run slowly and are overworked. Something that has been in
place since they were born and is country wide, as the articles I
supplied below clearly show.
Next they will blame Higgs for our healthcare system that has been deteriorating for decades, was made worse due to covid, and is in a shambles country wide.
Oh wait, they already do that. At least they are entertaining and make us all laugh.
Rosco holt
Reply to Ronald Miller
Who has control of the provincial public purse?
You would balme Trudeau but that would be wrong, Justin isn't the Premier of NB Higgs is.
And healthcare Higgs said and I quote "I won't invest in healthcare, it's mismanaged" . Who runs the province again?
Shawn Tabor
Reply to Ronald Miller
Are you a Lawyer Ron,,,,? Do you remember when
Duty Council Lawyers went on strike, i think it was for one day. They
were championed by 2 Lawyers for more money. One was a Miller, SJ and
the other was Lutz. Do i have a story for you. They might be reading
this. Too funny
William Peters
Reply to Ronald Miller
In a lone wolf arrangement of leadership you
can only blame one man. He also claims responsibility for his decisions
entirely. Being an apologist for him is giving him a pass on the
ideologies he governs with. He was intent on imposing austerity onto NB
when he wasn't even the premier. "NBers need to want less" was always
his cry. That doesn't apply to rich industrialists. People are following
along out of a admiration for the social mayhem he is creating if you
ask me. The sour and angry types love it. It allows scapegoating of
others. Instead of talking about education people get sucked into
talking personal values in an education setting. Its constant division
and tension blamed on someone other than the political machine which
profits from it. David Amos
Reply to Shawn Tabor
They were on strike for months until the day I sat beside you in court in 2004 I explained it to you then Correct?
Archie MacDaniel
Reply to William Peters
If you have bought into this lone wolf thing
the press and others on here have attempted to push on the weak minded
then reasoning with you would be an exercise in futility. If Johnny
gets a D on his math assignment I guess we will blame Higgs for that
too.
Shawn Tabor
Reply to David AmosYes, Duty Council Lady tried to throw me under
the Bus. But a Jack in the box come out. The Tape got destroyed and the
Transcript was kinda lol, screwed up. Yes I remember.
danny rugg
Thanks Conservatives. Thanks Higgs. Signed, The Mafia and the Mob.
David Amos
Reply to danny rugg Many a true word is said in jest
Jos Allaire
These prosecutors are overwhelmed and are dropping like flies under unbearable stress.
David Amos
Reply to Jos Allaire
Why is it that I am laughing?
Jos Allaire
Reply to David Amos
Why would you laugh at someone with such a stressful job❓
Shawn Tabor
They have been trying to tell you this, for a long time now. Another Game is being played.
David Amos
Reply to Shawn Tabor
This is not a Game
Ronald Miller
A quick search seems to indicate we are pretty much in line with other provinces of our size but the details do seem to be light. It is a shame this site did not come up with those details, but there is a probably a reason why they didn't.
Jos Allaire
Reply to Ronald Miller
Just like Chris Austin, you do not know what you're talking about. And this is the major problem with this government.
Jos Allaire
Reply to Ronald Miller
If you argued before a court of law along the lines of "a quick search seems to indicate", you would be told in not uncertain terms to provide a thorough search of what you advance. Quick searches do not cut it.
Ronald Miller
Reply to Jos Allaire
You can't spell the minister's name right even though it is included in the article and then call out people for not knowing what they are talking about, good stuff.
Ronald Miller
Reply to Jos Allaire
I would not have to argue anything because the article in this case is short on details and it would be thrown out of court. Anything else you would like to add?
Ronald Miller
Reply to Jos Allaire
https://www.cbc.ca/news/canada/new-brunswick/case-thrown-nb-follow-delays-1.6764066
https://www.cbc.ca/news/canada/nova-scotia/courts-jordan-decision-delays-record-high-1.6926695
https://www.cbc.ca/player/play/1197472835525
https://www.cbc.ca/news/canada/london/justice-delays-canada-courts-ontario-1.6900147
Hopefully this gets you up to date as to what is happening country wide. Oh, that was done with a quick search.
Matt Tungsten
Reply to Ronald Miller
Why would you argue with an anonymous internet poster who you've never met? To feel better on the inside?
Jos Allaire
Reply to Ronald Miller
That one I call many other names.
Jos Allaire
Reply to Ronald Miller
If I got upset every time my name was not spelled correctly, I'd be upset most of the time.
Jos Allaire
Reply to Ronald Miller
Apparently Kris Austin studied theology in Bangor Maine after which he worked in ministry, as a church pastor, for ten years. As if that qualifies him as a Public Safety Minister.
Also he would have traveled to Haiti several times where he participated in humanitarian relief projects at orphanages and schools according to his site where the word "travelled" is misspelled. Talk about an opportunist❗He must have been quite annoyed to hear French all the time.
Ronald Miller
Reply to Jos Allaire
If it was in the article and you were a public figure it might be the same thing. Keep us laughing.
David Amos
Reply to Jos Allaire
Trust that I talked to Austin and his wife in the spring of 2010 before he registered the PANB
David Amos
Reply to Jos Allaire
"Quick searches do not cut it. "
Yes they do Anyone can Google the following
Federal Court File No. T-1557-15
A quick search seems to indicate we are pretty much in line with other provinces of our size but the details do seem to be light. It is a shame this site did not come up with those details, but there is a probably a reason why they didn't.
Jos Allaire
Reply to Ronald Miller
Just like Chris Austin, you do not know what you're talking about. And this is the major problem with this government.
Jos Allaire
Reply to Ronald Miller
If you argued before a court of law along the lines of "a quick search seems to indicate", you would be told in not uncertain terms to provide a thorough search of what you advance. Quick searches do not cut it.
Ronald Miller
Reply to Jos Allaire
You can't spell the minister's name right even though it is included in the article and then call out people for not knowing what they are talking about, good stuff.
Ronald Miller
Reply to Jos Allaire
I would not have to argue anything because the article in this case is short on details and it would be thrown out of court. Anything else you would like to add?
Ronald Miller
Reply to Jos Allaire
https://www.cbc.ca/news/canada/new-brunswick/case-thrown-nb-follow-delays-1.6764066
https://www.cbc.ca/news/canada/nova-scotia/courts-jordan-decision-delays-record-high-1.6926695
https://www.cbc.ca/player/play/1197472835525
https://www.cbc.ca/news/canada/london/justice-delays-canada-courts-ontario-1.6900147
Hopefully this gets you up to date as to what is happening country wide. Oh, that was done with a quick search.
Matt Tungsten
Reply to Ronald Miller
Why would you argue with an anonymous internet poster who you've never met? To feel better on the inside?
Jos Allaire
Reply to Ronald Miller
That one I call many other names.
Jos Allaire
Reply to Ronald Miller
If I got upset every time my name was not spelled correctly, I'd be upset most of the time.
Jos Allaire
Reply to Ronald Miller
Apparently Kris Austin studied theology in Bangor Maine after which he worked in ministry, as a church pastor, for ten years. As if that qualifies him as a Public Safety Minister.
Also he would have traveled to Haiti several times where he participated in humanitarian relief projects at orphanages and schools according to his site where the word "travelled" is misspelled. Talk about an opportunist❗He must have been quite annoyed to hear French all the time.
Ronald Miller
Reply to Jos Allaire
If it was in the article and you were a public figure it might be the same thing. Keep us laughing.
David Amos
Reply to Jos Allaire
Trust that I talked to Austin and his wife in the spring of 2010 before he registered the PANB
David Amos
Reply to Jos Allaire
"Quick searches do not cut it. "
Yes they do Anyone can Google the following
Federal Court File No. T-1557-15
SarahRose Werner
I've heard people call for police crackdowns. Crackdowns aren't going to mean a lot if the police arrest people and charge people, but then the charges get stayed because there aren't enough Crown prosecutors.
David Webb
Reply to SarahRose Werner
Just like homes are not going to get built if there is a shortage of trades workers, let alone affordable with inflation up 16% in the last 4 years. Government(s) failure to control debt and the lack of long term planning for the departure of the boomer generation leaving the workforce has left us with the current mess. The chickens have come home to roost.
Rosco holt
Reply to David Webb
Governments don't want to control the debt, it's the get out of funding card they use when negotiating contracts or not wanting certain types of programs.
Ronald Miller
Reply to Rosco holt
Governments don't want to control the debt? What!!!!!!!!!!!! Of course they do, they just are unable to or do not want to because spending without proper fiscal management is an easy to sell to many with weak minds.
Ronald Miller
Reply to Rosco holt
Our premier has controlled debt while negotiating several contracts including messes left behind by the previous gov't, a master at work.
Jos Allaire
Reply to Ronald Miller
All governments are the same, just that the one you support is the worst of them all❗
Ronald Miller
Reply to Jos Allaire
Facts say otherwise, keep us entertained.
Rosco holt
Reply to Ronald Miller
Higgs was in many of those previous governments. Some of the mess he is his involved, like the crownland fiasco. NB forestry was exempt from tariffs until ALward gave crownlands away. To this day the province is still wasting millions fighting US tariffs so some can ship cheap crown lumber to their mills in Maine.
David Amos
Reply to Jos Allaire
The political animals you support are no better
Jos Allaire
Reply to David Amos
I support less and less.
David Amos
Reply to Jos Allaire
Perhaps if you are a lawyer you should check my work
Jos Allaire
Reply to David AmosOne would be better off to check relevant jurisprudence.
Province plans 50 per cent increase in prosecutors after union warns of N.B. court 'crisis'
Crown prosecution union welcomes 30 new positions, but worries about when positions will be filled
The province's budget includes money for 30 positions on top of around 61 that already exist. It would also add three more prosecutors to handle family court cases.
Kris Austin, the province's minister of public safety, told the legislature in late March it was a "historic" 50 per cent increase.
It follows warnings from the New Brunswick Crown Prosecutors Association that staffing had reached a crisis point which risked the collapse of the court system.
Shara Munn, president of the association, expressed cautious optimism this week about the budget. Munn called it a clear acknowledgement of the problem. But she said the biggest concern is a lack of clarity on when the positions will be filled.
"We know that certain locations are in crisis and continue to be so," Munn said in an interview Wednesday.
"Just announcing funding on budget day doesn't wave a magic wand and solve the problem."
Shara
Munn, president of the New Brunswick Crown Prosecutors Association,
says the union warned the government for years that their staff
shortages had become critical. (Submitted by Shara Munn)
The union spoke publicly in February about concerns with staffing after a Moncton judge stayed a sexual assault case because the accused had waited too long to be tried.
The judge said some of the delays were caused by the Crown prosecutors office.
"I think right now the problem is we are risking collapse of the entire system if we allow more experienced prosecutors to leave, if we don't figure out ways to recruit and retain more prosecutors," Munn told CBC in February.
Days later, a judge in Fredericton stayed 25 charges against a former Fredericton car dealer because of delays.
A 2016 Supreme Court of Canada decision set a ceiling of 18 months to conclude criminal trials in provincial court, and 30 months in the Court of King's Bench.
New Brunswick's budget would also create two new specialized prosecution teams: an organized crime unit and a major cases unit in Moncton. It also plans to expand a unit that handles online child exploitation cases.
The province has yet to provide any details such as how much it will spend, where the positions will be located or when they will be filled. CBC requested an interview about the issue Wednesday but it was not provided.
Robert Duguay, a spokesperson for the province, said in an email that more details will be given when the justice minister presents the department's budget at a legislature committee in the coming weeks.
Experience concerns
Munn welcomed the new units, saying that prosecutors have been challenged handling daily cases at the same time as more complex files.
Munn said the units will likely be staffed by experienced prosecutors, something that could leave new or less experienced staff handling daily cases.
"I have nothing against new lawyers, new prosecutors. I was one myself," Munn said. "But again, when you're in office that's struggling to keep up with the day-to-day, the idea of training new prosecutors is also daunting."
The union president pointed to Moncton, where Munn said about half of prosecutors have less than five years of experience.
Moncton lawyer Gilles Lemieux agrees with the Crown prosecutors union that there's a crisis in the court system. (Shane Magee/CBC)
CBC asked several veteran defence lawyers about the measures in the budget.
Gilles Lemieux, a lawyer who works in the Moncton area and has handled complex and high-profile cases, said he's unsure how the new positions will affect the people he represents.
"How that's going to translate in the actual nuts and bolts operation, I'm not exactly sure. Right now the problems the Crown is facing, and the courts are facing, involve a lot more than just hiring a few bodies."
He said the problems include long delays early in the court process caused by slow disclosure from the Crown of its evidence. Without that information, lawyers tend to ask for a delay before they're ready to enter a plea or continue to trial.
Lemieux said he agreed with the Crown prosecutors union that there's a crisis in the court system.
"Is it because of a lack of staff or is it mismanagement? I don't know. It's hard to tell. They don't publicize what the problems are behind the walls."
ABOUT THE AUTHOR
22 Cpmments
Shawn Tabor
The crises is the folks that work in the court
system. How long did it take to acknowledge the stunts of the Catholic
church. Very same thing in the courts. A bunch have brought it to the
point of no return, over money, oh and the house of cards or the dominoe
effect. If one falls they all start. This is called business in little
NB, the place to be, where folks have become wealthy on the backs of
taxpayers. Family ingrained or a way of life for some families. History
shows this. Too funny. Throw in a few draft dodgers and lets play or
LEARN to play the game. Have a great safe day.
David White
Does this mean it's a great time to be a criminal in NB?
Shawn Tabor
Reply to David White
Its all about white collar crime. Its just
showing its ugly head. Time for a reckoning. Too funny. Oh did you know
that your taxes are going to increase, AGAIN. Too funny. Have a great
safe and wonderful day.
Shawn Tabor
This is all a joke. Your going to trust
Government Politicians and Lawyers to fix the problems. Then they even
say Union. You can not makes this stuff up
Michael Cain
Reply to Shawn Tabor
This union is more an association; not nearly as radical as perceived. They elect representatives for collective bargaining.
YO Mikey Comeau You and the rest of Higgy's lawyers must remember these documents correct???
Higgs, Premier Blaine (PO/CPM)<Blaine.Higgs@gnb.ca> | Mon, Dec 20, 2021 at 12:26 AM |
| 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 review and consideration. Merci d'avoir pris le temps de nous écrire. 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 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- Tel./Tel. : (506) 453-2144 Email/Courriel:
premier@gnb.ca/premier.
| |
David Amos<david.raymond.amos333@gmail.com> |  Mon, Dec 20, 2021 at 12:23 AM | ||||||||||
| To: "Mike.Comeau" <Mike.Comeau@gnb.ca>, Dominic.Cardy@gnb.ca, anika.becker@nbpolice.ca, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey" <barbara.massey@rcmp-grc.gc.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>, jcomey@law.columbia.edu, Newsroom@globeandmail.com, Mark.Blakely@rcmp-grc.gc.ca, steve.murphy@ctv.ca, David.Akin@globalnews.ca, Robert.Jones@cbc.ca, mayor@moncton.ca, mayor.chorley@townofhampton.ca, marc.thorne@sussex.ca, oldmaison <oldmaison@yahoo.com>, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, jim.hennessy@saintjohn.ca, nathalie.logan@saintjohn.ca, mboudreau@stu.ca, richard.evans@saintjohn.ca, Julia.Wright@cbc.ca | |||||||||||
| Cc: motomaniac333 <motomaniac333@gmail.com>, newsroom@law360.com, washington field <washington.field@ic.fbi.gov>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Kevin.leahy" <Kevin.leahy@rcmp-grc.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca> | |||||||||||
---------- Original message ---------- From: Law360 Newsroom <newsroom@law360.com> Date: Sun, 19 Dec 2021 04:30:15 -0800 Subject: Holiday Schedule Re: Re calls from 202 695 8139 and 646 350 1398 To: david.raymond.amos333@gmail. Please expect a slight delay in response due to holiday staff scheduling. Law360's offices will be closed Friday 12/24/21 through Monday 1/3/22. We appreciate your patience and understanding. Sincerely, Law360 -- **Our contact information has changed, please update your address books** How to reach the Law360 editorial staff: Email: newsroom@law360.com Phone: (646) 783-7100 ext. 3 Tweet us! @Law360 [image: Law360 logo] 111 W. 19th St., 5th floor New York, New York 10011 ---------- Original message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Sun, 19 Dec 2021 08:30:10 -0400 Subject: Re: Re calls from 202 695 8139 and 646 350 1398 To: pm <pm@pm.gc.ca>, mcu <mcu@justice.gc.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, JUSTMIN <JUSTMIN@novascotia.ca>, premier <premier@ontario.ca>, Newsroom <Newsroom@globeandmail.com>, newsroom@law360.com, rcram@mtc.gov, "hugh.flemming" <hugh.flemming@gnb.ca>, PREMIER <PREMIER@gov.ns.ca> Cc: motomaniac333 <motomaniac333@gmail.com> ---------- Original message ---------- From: Law360 Newsroom <newsroom@law360.com> Date: Mon, 6 Dec 2021 14:10:07 -0500 Subject: Re: Re calls from 202 695 8139 and 646 350 1398 To: David Amos <david.raymond.amos333@gmail. Hi David, Thank you for your interest in Law360! This has been forwarded to our editors for their review. Should our editors decide to pursue this further, a reporter will be assigned to your story and contact you for more information. Much appreciated, D. ***Our contact information has changed, please update your address books*** How to reach the Law360 <https://www.law360.com/about/ editorial staff: Email: newsroom@law360.com Phone: (646) 783-7100 ext. 3 Tweet us! @Law360 <https://twitter.com/Law360> [image: Law360 logo] 111 W. 19th St., 5th floor New York, New York 10011 The comment section is still open https://www.cbc.ca/news/ This is the text of my first lawsuit against the Crown https://davidraymondamos3. Check out pages 1, 2, 13 and 14 Go figure why CBC continues to play dumb even after the webcast ad transcript of the the Yankee hearing went missing in 2008 https://www.scribd.com/doc/ https://www.banking.senate. The Committee will meet in OPEN SESSION to conduct the second in a series of hearings on the “Review of Current Investigations and Regulatory Actions Regarding the Mutual Fund Industry.” Witness Panel 1 Mr. Stephen M. Cutler Director - Division of Enforcement Securities and Exchange Commission Cutler - November 20, 2003 Mr. Robert Glauber Chairman and CEO National Association of Securities Dealers Glauber - November 20, 2003 Eliot Spitzer Attorney General State of New York >>>> These are the hearings and the dockets in Federal Court that I >>>> suggested that you study closely. >>>> >>>> This is the docket in Federal Court >>>> >>>> http://cas-cdc-www02.cas-satj. >>>> >>>> These are digital recordings of the last three hearings >>>> >>>> Dec 14th https://archive.org/details/ >>>> >>>> January 11th, 2016 https://archive.org/details/ >>>> >>>> April 3rd, 2017 >>>> >>>> https://archive.org/details/ >>>> >>>> >>>> This is the docket in the Federal Court of Appeal >>>> >>>> http://cas-cdc-www02.cas-satj. >>>> >>>> >>>> The only hearing thus far >>>> >>>> May 24th, 2017 >>>> >>>> https://archive.org/details/ >>>> >>>> >>>> This Judge understnds the meaning of the word Integrity >>>> >>>> Date: 20151223 >>>> >>>> Docket: T-1557-15 >>>> >>>> Fredericton, New Brunswick, December 23, 2015 >>>> >>>> PRESENT: The Honourable Mr. Justice Bell >>>> >>>> BETWEEN: >>>> >>>> DAVID RAYMOND AMOS >>>> >>>> Plaintiff >>>> >>>> and >>>> >>>> HER MAJESTY THE QUEEN >>>> >>>> Defendant >>>> >>>> ORDER >>>> >>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on >>>> December 14, 2015) >>>> >>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to >>>> the Federal Courts Rules (SOR/98-106), from an Order made on November >>>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim >>>> in its entirety. >>>> >>>> At the outset of the hearing, the Plaintiff brought to my attention a >>>> letter dated September 10, 2004, which he sent to me, in my then >>>> capacity as Past President of the New Brunswick Branch of the Canadian >>>> Bar Association, and the then President of the Branch, Kathleen Quigg, >>>> (now a Justice of the New Brunswick Court of Appeal). In that letter >>>> he stated: >>>> >>>> As for your past President, Mr. Bell, may I suggest that you check the >>>> work of Frank McKenna before I sue your entire law firm including you. >>>> You are your brother’s keeper. >>>> >>>> Frank McKenna is the former Premier of New Brunswick and a former >>>> colleague of mine at the law firm of McInnes Cooper. In addition to >>>> expressing an intention to sue me, the Plaintiff refers to a number of >>>> people in his Motion Record who he appears to contend may be witnesses >>>> or potential parties to be added. Those individuals who are known to >>>> me personally, include, but are not limited to the former Prime >>>> Minister of Canada, The Right Honourable Stephen Harper; former >>>> Attorney General of Canada and now a Justice of the Manitoba Court of >>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore; >>>> former Director of Policing Services, the late Grant Garneau; former >>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff >>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court >>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired >>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted >>>> Police. >>>> >>>> In the circumstances, given the threat in 2004 to sue me in my >>>> personal capacity and my past and present relationship with many >>>> potential witnesses and/or potential parties to the litigation, I am >>>> of the view there would be a reasonable apprehension of bias should I >>>> hear this motion. See Justice de Grandpré’s dissenting judgment in >>>> Committee for Justice and Liberty et al v National Energy Board et al, >>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding >>>> allegations of bias. In the circumstances, although neither party has >>>> requested I recuse myself, I consider it appropriate that I do so. >>>> >>>> >>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of >>>> the Court schedule another date for the hearing of the motion. There >>>> is no order as to costs. >>>> >>>> “B. Richard Bell” >>>> Judge >>>> >>>> >>>> Below after the CBC article about your concerns (I made one comment >>>> already) you will find the text of just two of many emails I had sent >>>> to your office over the years since I first visited it in 2006. >>>> >>>> I noticed that on July 30, 2009, he was appointed to the the Court >>>> Martial Appeal Court of Canada Perhaps you should scroll to the >>>> bottom of this email ASAP and read the entire Paragraph 83 of my >>>> lawsuit now before the Federal Court of Canada? >>>> >>>> "FYI This is the text of the lawsuit that should interest Trudeau the >>>> most >>>> >>>> http://davidraymondamos3. >>>> >>>> 83 The Plaintiff states that now that Canada is involved in more war >>>> in Iraq again it did not serve Canadian interests and reputation to >>>> allow Barry Winters to publish the following words three times over >>>> five years after he began his bragging: >>>> >>>> January 13, 2015 >>>> This Is Just AS Relevant Now As When I wrote It During The Debate >>>> >>>> December 8, 2014 >>>> Why Canada Stood Tall! >>>> >>>> Friday, October 3, 2014 >>>> Little David Amos’ “True History Of War” Canadian Airstrikes And >>>> Stupid Justin Trudeau? >>>> >>>> >>>> Vertias Vincit >>>> David Raymond Amos >>>> 902 800 0369 >>>> >>>> P.S. Whereas this CBC article is about your opinion of the actions of >>>> the latest Minister Of Health trust that Mr Boudreau and the CBC have >>>> had my files for many years and the last thing they are is ethical. >>>> Ask his friends Mr Murphy and the RCMP if you don't believe me. >>>> >>>> Subject: >>>> Date: Tue, 30 Jan 2007 12:02:35 -0400 >>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca >>>> To: motomaniac_02186@yahoo.com >>>> >>>> January 30, 2007 >>>> >>>> WITHOUT PREJUDICE >>>> >>>> Mr. David Amos >>>> >>>> Dear Mr. Amos: >>>> >>>> This will acknowledge receipt of a copy of your e-mail of December 29, >>>> 2006 to Corporal Warren McBeath of the RCMP. >>>> >>>> Because of the nature of the allegations made in your message, I have >>>> taken the measure of forwarding a copy to Assistant Commissioner Steve >>>> Graham of the RCMP “J” Division in Fredericton. >>>> >>>> Sincerely, >>>> >>>> Honourable Michael B. Murphy >>>> Minister of Health >>>> >>>> CM/cb >>>> >>>> >>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote: >>>> >>>> Date: Fri, 29 Dec 2006 17:34:53 -0500 >>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca >>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca, >>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net, >>>> motomaniac_02186@yahoo.com >>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John. >>>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca, >>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca >>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has >>>> forgotten me but the crooks within the RCMP have not >>>> >>>> Dear Mr. Amos, >>>> >>>> Thank you for your follow up e-mail to me today. I was on days off >>>> over the holidays and returned to work this evening. Rest assured I >>>> was not ignoring or procrastinating to respond to your concerns. >>>> >>>> As your attachment sent today refers from Premier Graham, our position >>>> is clear on your dead calf issue: Our forensic labs do not process >>>> testing on animals in cases such as yours, they are referred to the >>>> Atlantic Veterinary College in Charlottetown who can provide these >>>> services. If you do not choose to utilize their expertise in this >>>> instance, then that is your decision and nothing more can be done. >>>> >>>> As for your other concerns regarding the US Government, false >>>> imprisonment and Federal Court Dates in the US, etc... it is clear >>>> that Federal authorities are aware of your concerns both in Canada >>>> the US. These issues do not fall into the purvue of Detachment >>>> and policing in Petitcodiac, NB. >>>> >>>> It was indeed an interesting and informative conversation we had on >>>> December 23rd, and I wish you well in all of your future endeavors. >>>> >>>> Sincerely, >>>> >>>> Warren McBeath, Cpl. >>>> GRC Caledonia RCMP >>>> Traffic Services NCO >>>> Ph: (506) 387-2222 >>>> Fax: (506) 387-4622 >>>> E-mail warren.mcbeath@rcmp-grc.gc.ca >>>> >>>> >>>> http://www.archive.org/ >>>> >>>> http://www.archive.org/ >>>> >>>> >>>> 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 >>>> >>>> ---------- Original message ---------- From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca> Date: Sun, 19 Dec 2021 12:32:45 +0000 Subject: RE: Re calls from 202 695 8139 and 646 350 1398 To: David Amos <david.raymond.amos333@gmail. 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 review and consideration. Merci d'avoir pris le temps de nous écrire. 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:med 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- Tel./Tel. : (506) 453-2144 Email/Courriel: premier@gnb.ca/premier. ---------- Original message ---------- From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca> Date: Sun, 19 Dec 2021 12:33:00 +0000 Subject: Automatic reply: Re calls from 202 695 8139 and 646 350 1398 To: David Amos <david.raymond.amos333@gmail. Thank you for your email. Your thoughts, comments and input are greatly valued. You can be assured that all emails and letters are carefully read, reviewed and taken into consideration. There may be occasions when, given the issues you have raised and the need to address them effectively, we will forward a copy of your correspondence to the appropriate government official. Accordingly, a response may take several business days. Thanks again for your email. ______ Merci pour votre courriel. Nous vous sommes très reconnaissants de nous avoir fait part de vos idées, commentaires et observations. Nous tenons à vous assurer que nous lisons attentivement et prenons en considération tous les courriels et lettres que nous recevons. Dans certains cas, nous transmettrons votre message au ministère responsable afin que les questions soulevées puissent être traitées de la manière la plus efficace possible. En conséquence, plusieurs jours ouvrables pourraient s’écouler avant que nous puissions vous répondre. Merci encore pour votre courriel. ---------- Original message ---------- From: Justice Minister <JUSTMIN@novascotia.ca> Date: Sun, 19 Dec 2021 12:32:55 +0000 Subject: Automatic reply: Re calls from 202 695 8139 and 646 350 1398 To: David Amos <david.raymond.amos333@gmail. Thank you for your email to the Minister of Justice. Please be assured that it has been received by the Department. Your email will be reviewed and addressed accordingly. Thank you. ---------- Original message ---------- From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca> Date: Sun, 19 Dec 2021 12:30:13 +0000 Subject: Automatic Reply To: David Amos <david.raymond.amos333@gmail. Thank you for writing to the Honourable David Lametti, Minister of Justice and Attorney General of Canada. Due to the volume of correspondence addressed to the Minister, please note that there may be a delay in processing your email. Rest assured that your message will be carefully reviewed. We do not respond to correspondence that contains offensive language. ------------------- Merci d'avoir écrit à l'honorable David Lametti, ministre de la Justice et procureur général du Canada. En raison du volume de correspondance adressée au ministre, veuillez prendre note qu'il pourrait y avoir un retard dans le traitement de votre courriel. Nous tenons à vous assurer que votre message sera lu avec soin. Nous ne répondons pas à la correspondance contenant un langage offensant.
| |||||||||||
Methinks Mr McKee and his LIEbrano buddies must see that Chucky Leblanc is not so fond of his hero Higgy lately but he still loves butter tarts and attacks the protesters Cardy hates N'esy Pas?
---------- Original message ----------From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 16 Mar 2021 22:33:13 +0000
Subject: Automatic reply: Methinks YOU or Kriss Austin or my sneaky
cousin Madame Mitton or her Cry Baby Boss or their buddy Chucky
Leblanc should have asked their buddies Cardy and Higgy et al why they
sent me butter tarts in 2018 N'esy Pas Hamish?
To: David Amos <david.raymond.amos333@gmail.
Thank you for taking the time to write to us.
Due to the high volume of emails that we receive daily, please note
that there may be a delay in our response. Thank you for your
understanding.
If you are looking for current information on Coronavirus, please
visit www.gnb.ca/coronavirus<http://
If this is a Media Request, please contact the Premier’s office at
(506) 453-2144.
Thank you.
Bonjour,
Nous vous remercions d’avoir pris le temps de nous écrire.
Tenant compte du volume élevé de courriels que nous recevons
quotidiennement, il se peut qu’il y ait un délai dans notre réponse.
Nous vous remercions de votre compréhension.
Si vous recherchez des informations à jour sur le coronavirus,
veuillez visiter
www.gnb.ca/coronavirus<http://
S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Merci.
Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000
Fredericton, New-Brunswick/Nouveau-
E3B 5H1
Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Tue, 16 Mar 2021 19:31:33 -0300
Subject: Methinks YOU or Kriss Austin or my sneaky cousin Madame
Mitton or her Cry Baby Boss or their buddy Chucky Leblanc should have
asked their buddies Cardy and Higgy et al why they sent me butter
tarts in 2018 N'esy Pas Hamish?
To: oldmaison@yahoo.com, andre <andre@jafaust.com>,
jbosnitch@gmail.com, Dominic.Cardy@gnb.ca, "hugh.flemming"
<hugh.flemming@gnb.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<jake.stewart@gnb.ca>, "jeff.carr" <jeff.carr@bellaliant.net>,
"Sherry.Wilson" <Sherry.Wilson@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>,
"Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "kris.austin"
<kris.austin@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>,
"Hamish.Wright" <Hamish.Wright@gnb.ca>, "john.green"
<john.green@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "Holland,
Mike (LEG)" <mike.holland@gnb.ca>, briangallant10
<briangallant10@gmail.com>, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.
Cc: David Amos <motomaniac333@gmail.com>,
james.fowler@fowlerlawpc.com, Guillaume.LeBlanc@fowlerlawpc.
"robert.mckee" <robert.mckee@gnb.ca>, James.McAvity@gnb.ca,
shara.munn@gnb.ca, corry.toole@gnb.ca, remi.allard@gnb.ca,
maurice.blanchard@gnb.ca, claude.hache@gnb.ca,
christopher.titus@gnb.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>,
"Robert. Jones" <Robert.Jones@cbc.ca>, "steve.murphy"
<steve.murphy@ctv.ca>, Newsroom <Newsroom@globeandmail.com>,
Luc.LaBonte@gnb.ca, "martin.gaudet" <martin.gaudet@fredericton.ca>
"Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>,
Tom.Critchlow@rcmp-grc.gc.ca, tj <tj@burkelaw.ca>, "Kim.Poffenroth"
<Kim.Poffenroth@gnb.ca>, greg.byrne@gnb.ca, "Jack.Keir"
<Jack.Keir@gnb.ca>, law@shapirohalpern.com, joshuahalpern@outlook.com,
"blaine.higgs" <blaine.higgs@gnb.ca>, "Shane.Magee"
<Shane.Magee@cbc.ca>, Nathalie Sturgeon
<sturgeon.nathalie@
http://davidraymondamos3.
Friday, 12 January 2018
YO Dominic Cardy how can you Conservatives brag of buying Butter Tarts
when CBC tells me you dudes have to sell your HQ? Yet you wackos want
control of our provincial economy?
http://davidraymondamos3.
Tuesday, 10 October 2017
Methinks if Blaine Higgs had two clues between his ears he would not
have hired the Arsehole Dominic Cardy in the first place
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Fri, 12 Jan 2018 18:00:25 +0000
Subject: RE: YO Dominic Cardy how can you Conservatives brag of buying
Butter Tarts when CBC tells me you dudes have to sell your HQ? Yet you
wackos want control of our provincial economy"
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.camedia-
******************************
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
media-medias@gnb.camedia-
---------- Forwarded message ----------
From: "Cardy, Dominic (LEG)" <Dominic.Cardy@gnb.ca>
Date: Fri, 12 Jan 2018 17:22:47 +0000
Subject: Hamish's birthday
To: David Amos <motomaniac333@gmail.com>
Cc: "Wright, Hamish (LEG)" <Hamish.Wright@gnb.ca>
Dear Mr. Amos,
As a regular correspondent I thought you would like to know that it's
Hamish's 20th birthday! We even gave him some butter tarts in your
honour! I'm sure he'd appreciate a note.
Have a good weekend, best wishes,
Dominic
---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 16 Mar 2021 21:52:25 +0000
Subject: Automatic reply: Methinks Mr McKee and his LIEbrano buddies
must see that Chucky Leblanc is not so fond of his hero Higgy lately
but he still loves butter tarts and attacks the protesters Cardy hates
N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
Thank you for taking the time to write to us.
Due to the high volume of emails that we receive daily, please note
that there may be a delay in our response. Thank you for your
understanding.
If you are looking for current information on Coronavirus, please
visit www.gnb.ca/coronavirus<http://
If this is a Media Request, please contact the Premier’s office at
(506) 453-2144.
Thank you.
Bonjour,
Nous vous remercions d’avoir pris le temps de nous écrire.
Tenant compte du volume élevé de courriels que nous recevons
quotidiennement, il se peut qu’il y ait un délai dans notre réponse.
Nous vous remercions de votre compréhension.
Si vous recherchez des informations à jour sur le coronavirus,
veuillez visiter
www.gnb.ca/coronavirus<http://
S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Merci.
Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000
Fredericton, New-Brunswick/Nouveau-
E3B 5H1
Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/
---------- Forwarded message ----------
From: "Mitton, Megan (LEG)" <Megan.Mitton@gnb.ca>
Date: Tue, 16 Mar 2021 21:52:23 +0000
Subject: Automatic reply: Methinks Mr McKee and his LIEbrano buddies
must see that Chucky Leblanc is not so fond of his hero Higgy lately
but he still loves butter tarts and attacks the protesters Cardy hates
N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
(Le français suit)
Thank you for your e-mail. This response is to assure you that your
message has been received. I welcome and appreciate receiving comments
and questions from constituents. Due a high volume of email received,
there may be a delay before I'm able to respond.
My Riding Office is open Mondays from 8:30 a.m. - 4:30 p.m., Tuesdays,
Wednesdays and Thursdays from 8:30 a.m. - 2:30 p.m. and Fridays from
9:00 a.m. - 12:00 p.m. You can reach the office at (506) 378-1565.
For media requests, please call: 506-429-2285.
Below you will find some links and phone numbers which may be helpful:
Orange Level:
As of February 9, Zone 1 (Moncton region - including
Memramcook-Tantramar) is in the Orange Level. Here are the rules:
https://www2.gnb.ca/content/
Travel Registration:
https://www2.gnb.ca/content/
You can register online, or by calling toll free 1-833-948-2800
(Monday to Friday from 8 a.m. to 8 p.m. Atlantic and Saturday and
Sunday from 10 a.m. to 2 p.m. Atlantic, except for holidays)
Non-health questions
For non-health related questions, including questions about compliance
with the state of emergency, you can call 1-844-462-8387 (operational
seven days a week from 9:00 a.m. to 5:00 p.m). The email address is
helpaide@gnb.ca.
Concerns about workplace safety should continue to be directed to
WorkSafeNB (1-800-999-9775). Businesses owners with questions they
can’t find answered on the COVID-19 Guidance for
Business<https://www2.gnb.ca/
webpage, should contact Opportunity NB’s team of Business Navigators
by emailing: nav@navnb.ca, or calling 1-833-799-7966.
For questions related to travel restrictions during COVID-19, please
call: 1-833-948-2800.
211 New Brunswick
As the province navigates the second wave of COVID-19, people who need
support are often unsure where to turn. Whether it is help obtaining
food, mental health support or other non-emergency programs and
services in the community, residents are advised to dial 2-1-1. This
is a free, bilingual, confidential resource to help New Brunswickers
navigate the network of community, social, non-clinical health and
government services.
Here is a link to a list of other Contact Information that may be useful:
https://www2.gnb.ca/content/
Thank you once again for contacting me. Take care and stay safe!
-----
Merci pour votre courriel. Cette réponse a pour but de vous assurer
que votre message a bien été reçu. Je suis heureuse de recevoir les
commentaires et les questions de mes concitoyens. En raison d'un
volume élevé de courriels reçus, il se peut qu'il y ait un délai avant
que je puisse répondre.
Mon bureau de circonscription est ouvert les lundis de 8h30 à 16h30,
les mardis, mercredis et jeudis de 8h30 à 14h30 et les vendredis de
09h00 à 12h00. Vous pouvez rejoindre le bureau à (506) 378-1565.
Pour les demandes des médias, veuillez appeler le : 506-429-2285.
Vous trouverez ci-dessous quelques liens et numéros de téléphone qui
peuvent vous être utiles :
Niveau orange:
Depuis le 9 février, la zone 1 (région de Moncton - y compris
Memramcook-Tantramar) est dans le niveau orange. Voici les règles :
<https://www2.gnb.ca/content/
https://www2.gnb.ca/content/
Enregistrement d’un voyage au Nouveau-Brunswick:
https://www2.gnb.ca/content/
Vous pouvez vous enregistrer dès maintenant, en ligne, ou en appelant
au 1-833-948-2800 (Du lundi au vendredi de 8 h à 20 h, heure de
l’Atlantique, et le samedi et dimanche de 10 h à 14 h, heure de
l’Atlantique, sauf les jours fériés).
Ligne d’information pour les questions qui ne sont pas reliées à la santé
Une ligne d’information sans frais et une adresse courriel ont été
mises sur pied afin d’aider à répondre aux questions qui ne sont pas
reliées à la santé, y compris les questions relatives à la conformité
à l’état d’urgence. Le service est offert dans les deux langues
officielles. Les gens peuvent téléphoner au 1-844-462-8387 sept jours
par semaine, de 9 h à 17 h. L’adresse courriel est : helpaide@gnb.ca.
Les préoccupations relatives à un lieu de travail non sécuritaire
devraient continuer d’être acheminées à Travail sécuritaire NB
(1-800-999-9775). Les propriétaires d’entreprises qui ont des
questions pour lesquelles ils ne peuvent trouver de réponses sur le
site Web Lignes directrices sur la COVID-19 à l’intention des
entreprises<https://www2.gnb.
sont invités à communiquer avec l’équipe des navigateurs d’affaires
d’Opportunités NB par courriel (nav@navnb.ca) ou par téléphone
(1-833-799-7966).
Pour toute question relative aux restrictions de voyage pendant
COVID-19, veuillez appeler : 1-833-948-2800.
211 Nouveau-Brunswick
Alors que la province affronte la deuxième vague de COVID-19, les gens
qui ont besoin de soutien ne savent pas toujours vers qui se tourner.
Que ce soit pour obtenir de la nourriture, des services de soutien en
matière de santé mentale ou d’autres programmes et services non
urgents dans la communauté, les résidents peuvent composer le 2-1-1.
Il s’agit d’une ressource gratuite, bilingue et confidentielle ayant
pour but d’aider les gens du Nouveau-Brunswick à s’orienter dans le
réseau des services communautaires et sociaux, des services de santé
non cliniques et des services gouvernementaux.
Voici un lien vers une liste d'autres informations de contact qui
peuvent être utiles :
https://www2.gnb.ca/content/
Je vous remercie encore une fois de m'avoir contacté. Prenez soin de
vous et restez en sécurité !
Megan Mitton
Députée / Member of the Legislative Assembly of NB
Memramcook-Tantramar
Megan.Mitton@gnb.ca
Riding Office / Bureau de circonscription: (506) 378-1565
Office / Bureau -Fredericton: (506) 457-6842
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Tue, 16 Mar 2021 18:50:43 -0300
Subject: Methinks Mr McKee and his LIEbrano buddies must see that
Chucky Leblanc is not so fond of his hero Higgy lately but he still
loves butter tarts and attacks the protesters Cardy hates N'esy Pas?
To: oldmaison@yahoo.com, andre <andre@jafaust.com>,
jbosnitch@gmail.com, Dominic.Cardy@gnb.ca, "hugh.flemming"
<hugh.flemming@gnb.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<jake.stewart@gnb.ca>, "jeff.carr" <jeff.carr@bellaliant.net>,
"Sherry.Wilson" <Sherry.Wilson@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>,
"Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "kris.austin"
<kris.austin@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>
Cc: David Amos <motomaniac333@gmail.com>,
james.fowler@fowlerlawpc.com, Guillaume.LeBlanc@fowlerlawpc.
"robert.mckee" <robert.mckee@gnb.ca>, James.McAvity@gnb.ca,
shara.munn@gnb.ca, corry.toole@gnb.ca, remi.allard@gnb.ca,
maurice.blanchard@gnb.ca, claude.hache@gnb.ca,
christopher.titus@gnb.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>,
"Robert. Jones" <Robert.Jones@cbc.ca>, "steve.murphy"
<steve.murphy@ctv.ca>, Newsroom <Newsroom@globeandmail.com>,
Luc.LaBonte@gnb.ca, "martin.gaudet" <martin.gaudet@fredericton.ca>
"Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>,
Tom.Critchlow@rcmp-grc.gc.ca, tj <tj@burkelaw.ca>, "Kim.Poffenroth"
<Kim.Poffenroth@gnb.ca>, greg.byrne@gnb.ca, "Jack.Keir"
<Jack.Keir@gnb.ca>, law@shapirohalpern.com, joshuahalpern@outlook.com,
"blaine.higgs" <blaine.higgs@gnb.ca>, "Shane.Magee"
<Shane.Magee@cbc.ca>, Nathalie Sturgeon
<sturgeon.nathalie@
https://www.facebook.com/
David Raymond Amos
Liz Kramer·
FYI You do not get a jury of your peers nor do you have the right to
free legal counsel when the Crown attempts to convict you for
"disturbing the peace" Hence you and all your friends should report in
social media BIGTIME what is going on because we all know Higgy's
buddies in the corporate media never will tell the truth of your
protests
https://laws-lois.justice.gc.
Causing disturbance, indecent exhibition, loitering, etc.
175 (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or
near a public place,
(i) by fighting, screaming, shouting, swearing, singing or
using insulting or obscene language,
is guilty of an offence punishable on summary conviction.
Marginal note:Evidence of peace officer
(2) In the absence of other evidence, or by way of corroboration
of other evidence, a summary conviction court may infer from the
evidence of a peace officer relating to the conduct of a person or
persons, whether ascertained or not, that a disturbance described in
paragraph (1)(a) or (d) or an obstruction described in paragraph
(1)(c) was caused or occurred.
R.S., 1985, c. C-46, s. 175 1997, c. 18, s. 6
Criminal Code
laws-lois.justice.gc.ca
Criminal Code
Federal laws of canada
1 Comment
David Raymond Amos
I see that my old foes Luc Labonté and Claude Haché made the CBC news
today and just one day after I emailed and blogged about them and
THEIR BUDDIES in the RCMP. Trust that the sneaky and very greedy
lawyer Brian Munro has been duly informed many times about my concerns
about the dubious actions of the RCMP within various matters over the
years particularly the prosecution of the Tingley Family and he always
plays dumb so that he could keep billing for his services. However he
certainly cannot deny the fact that knows my brother in law and his
crooked law firm very well TOO TOO FUNNY N'esy Pas???
https://davidraymondamos3.
DAVIDRAYMONDAMOS3.BLOGSPOT.COM
One person was arrested at a demonstration outside of Premier Blaine
Higgs's house in Quispamsis
Liz Kramer
MtiagrecSdchtSpngfot nh1a4 atos cor4:gre3m8o gPuMd ·
Why are they not wanting us to see Quebec rising?
0:23 / 1:33
Kateryna Kharytska
was live.
MtiagrecSdchtSpngfot nh1a3 atos cor2:gre4m5o gPuMd ·
24 Comments
9 Shares
Comments
Liz Kramer
The number of views was at 174,000 this morning. Look now. Wow
Diane Doucet
Liz Kramer
43K
They tinker with view counts? 🤔
Laura Sommerville
Liz Kramer
I noticed that too!
David Raymond Amos
Laura Sommerville
Me Too
David Raymond Amos
Liz Kramer
Enjoy my poor spelling
https://davidraymondamos3.
Monday, 15 March 2021
DAVIDRAYMONDAMOS3.BLOGSPOT.COM
One person was arrested at a demonstration outside of Premier Blaine
Higgs's house in Quispamsis
Kelly Sue
I don't see the view count. I heard the was tear gas. 🙁
Liz Kramer
Kelly Sue
what kind of rumour is this I don’t see any tear gas, did you?
Liz Kramer
Sounds kinda like when people said we wrecked higgs lawn and threw a
rock and broke a window LOL
Kelly Sue
Liz Kramer
I dunno I just heard that the police used it on the protestors. It
could be wrong
David Raymond Amos
Kelly Sue
You are very wrong
Kelly Sue
David Raymond Amos
oh good!!! I heard it from a few people. I'm so glad it's not true!
David Raymond Amos
Kelly Sue
That was last year
https://montreal.ctvnews.ca/
MONTREAL.CTVNEWS.CA
Experts worry use of tear gas at recent protests in Montreal could
increase spread of COVID-19
David Raymond Amos
Kelly Sue
They did use some pepper spray though
https://www.cbc.ca/news/
CBC.CA
Thousands protest pandemic health measures in Montreal | CBC News
Kelly Sue
David Raymond Amos
thanks for this!
David Raymond Amos
Kelly Sue
You are welcome Feel free to ask me anything
David Raymond Amos
Liz Kramer
Chucky Leblanc deleted his video about the protest up on the Miramichi
yesterday Yet he has turned on his buddy Higgy today Methinks the
nasty French blogger is confused as usual N'esy Pas?
https://
CHARLESOTHERPERSONALITIE.
Anti COVID-19 vaccines protest in Miramichi......just happened to be in ...
David Raymond Amos
Methinks we now know the reason Cardy's buddy Chucky Leblanc took down
his video of the protest up on the Miramichi N'esy Pas?
PC MLA and Education Minister Dominic Cardy has questions about
Conroy's decision to attend the rally. (Ed Hunter/CBC)
Education Minister Dominic Cardy said Conroy would have to answer for
her presence at the rally.
"I would not go near those sort of rallies with a 10-foot pole," said
Cardy, who clashed with anti-vaccination groups when trying to win
passage of a bill on mandatory vaccinations for school children.
Cardy said the rallies are being organized by Vaccine Choice Canada,
who fought his bill and who he called "one of the most dangerous
organizations around, spreading misinformation around vaccines."
https://www.cbc.ca/news/
MLA defends attending rally against New Brunswick's COVID-19
restrictions | CBC News
CBC.CA
David Raymond Amos
Hot off the press Now Chucky has uploaded a new video to respond to
his CBC buddies Too Too Funny N'esy Pas?
https://www.youtube.com/watch?
YOUTUBE.COM
Miramichi MLA Michelle Conroy should be allow to attend any protest
she wishes. Shame on CBC!!!
David Raymond Amos
Methinks Higgy is not so popular with Cardy's buddy Chucky "Cry Baby"
Leblanc anymore N'esy Pas?
https://www.youtube.com/watch?
YOUTUBE.COM
New Brunswick Premier Blaine Higgs should be ashamed of himself!!!!
David Raymond Amos
https://
David Raymond Amos
Methinks Higgy and Cardy are gonna eat a lot of butter tarts while
reading my next email Nesy Pas?
David Raymond Amos
Lots of comments just went "Poof"
https://www.facebook.com/
David Raymond Amos
I must stand corrected
https://www.facebook.com/
Terry Sisson
Appreciate the heads up as to the ending of the video. Saved me about
15 minutes of wasted time and a great deal of time was wasted by the
police.
David Raymond Amos
Looks who is talking about wasting people's precious time
Terry Sisson
David Raymond Amos
Yes, I am answering him and glad you noticed.
David Raymond Amos
Terry Sisson
Liz Kramer ran in the same election you did against the current
Attorney General in her neighbouhood her words are not worth listening
to as she is being prosecuted by Teddy Baby Flemming's minions for
your hero Higgy's benefit????
Terry Sisson
David Raymond Amos
Drop us a line David when you have your facts straight and recognize
which party we are in favor of and I for one do not know minions nor
do I have any heroes that are in government!
David Raymond Amos
Yea Right
David Raymond Amos
Say Hey Krisssy Baby Austin and his buddies Higgy and Maggie for me will ya?
Terry Sisson
David Raymond Amos
Say Goodbye David. When you become more of a human being, drop us a line.
David Raymond Amos
Terry Sisson
COVID-19
One arrested in protest outside Premier Higgs's house
Published an hour ago
Marlo Glass | Telegraph-Journal
SAINT JOHN • One person was arrested at a demonstration outside of
Premier Blaine Higgs's house in Quispamsis on Saturday afternoon.
The Kennebecasis Regional Police Force confirmed they were on the
scene enforcing the mandatory order of the Emergency Measures Act.
Zone 2, which includes the greater Saint John area, moved into phase
red of the province's pandemic recovery plan on Jan. 20. Sgt. Kim
Bennett confirmed one arrest was made.
"There have been demonstrations for the past few Saturdays, and the
police have been on the scene as well," said Bennett.
Liz Kramer of Rothesay, who streamed a video of the demonstration on
her Facebook page, told the Telegraph-Journal she was arrested for
disturbing the peace, as well as ticketed for violating the Emergency
Measures Act for not wearing a mask.
Craig McDougall, the officer in charge of the police response to the
gathering, was not available for comment at the time of publication.
Kramer ran in the 2020 provincial election as an independent candidate
for the Rothesay riding.
The Telegraph-Journal asked the premier's office for comment on
Saturday but did not receive a response by publication time.
Kramer returned to the premier's house on Sunday to "let everyone know
she wasn't afraid," she said. She received another ticket for not
wearing a mask in her car with another person.
She says she is "protesting the non-justification of a continued state
of emergency," and that she "isn't an anti-masker, just a
freedom-lover."
On Saturday, she was issued an additional ticket for protesting
outside the premier's house the week prior.
Kramer said she intends to fight the tickets in court on March 18
David Raymond Amos
Terry Sisson
Why not say Hey to the cops who called me when they arrested my friend
Liz Kramer? Listen for their number
https://archive.org/details/
David Raymond Amos
Terry Sisson
Methinks Liz Kramer and her latest post easily proves that there are
more "human beings" like us and less sheople like you with each
passing day N'esy Pas?
On 3/14/21, David Amos <motomaniac333@gmail.com> wrote:
> Out of the Gate I should ask where was the media and WHY the very
> corrupt RCMP did not remain true to their promise to the local
> politicians and arrest anyone else in Moncton today???
Methinks Mr McKee cannot deny that the Crown should practice full discloursure with regards to my involvement in these matters N'esy Pas Higgy, and Madame Sturgeon, Mr Jones amd Mr Magee of the coporate media?
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 14 Mar 2021 18:34:52 -0300
Subject: Methinks Mr McKee cannot deny that the Crown should practice
full discloursure with regards to my involvement in these matters
N'esy Pas Higgy, and Madame Sturgeon, Mr Jones amd Mr Magee of the
coporate media?
To: james.fowler@fowlerlawpc.com, Guillaume.LeBlanc@fowlerlawpc.com,
"robert.mckee" <robert.mckee@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, James.McAvity@gnb.ca, shara.munn@gnb.ca,
corry.toole@gnb.ca, remi.allard@gnb.ca, maurice.blanchard@gnb.ca,
claude.hache@gnb.ca, christopher.titus@gnb.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "Dominic.Cardy@gnb.ca. \"Ross.Wetmore\""
<Ross.Wetmore@gnb.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
Newsroom <Newsroom@globeandmail.com>, Luc.LaBonte@gnb.ca,
oldmaison@yahoo.com, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>, andre <andre@jafaust.com>,
"jake.stewart" <jake.stewart@gnb.ca>, "jeff.carr"
<jeff.carr@bellaliant.net>, "Sherry.Wilson" <Sherry.Wilson@gnb.ca>,
"martin.gaudet" <martin.gaudet@fredericton.ca>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>, Tom.Critchlow@rcmp-grc.gc.ca, tj
<tj@burkelaw.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
greg.byrne@gnb.ca, "Jack.Keir" <Jack.Keir@gnb.ca>,
jbosnitch@gmail.com, law@shapirohalpern.com, joshuahalpern@outlook.com
Cc: David.Raymond.Amos333@gmail.com, "blaine.higgs"
<blaine.higgs@gnb.ca>, "Shane.Magee" <Shane.Magee@cbc.ca>, Nathalie
Sturgeon <sturgeon.nathalie@brunswicknews.com>
Out of the Gate I should ask where was the media and WHY the very
corrupt RCMP did not remain true to their promise to the local
politicians and arrest anyone else in Moncton today???
https://www.facebook.com/
Could it be that Canadians have had enough of this malicious lock down
nonsense and are hitting the streets in tidal waves all over the
country just before questionable budgets are tabled and confidence
votes begin?
Go Figure
https://www.facebook.com/
Deja Vu Anyone???
https://www.facebook.com/
Talk New Brunswick
JcsteefScapdnounaresoyrh 2m3ehd ·
This happened in front of Premier Higgs home today
https://www.facebook.com/
If you don't want to watch the whole thing it ends with her being arrested.
Methinks the Crown Attorneys in New Brunswick must now that Liz Kramer
ran against their current boss Teddy Baby Flemming in the last
election now even though Higgy had her arrested before all the people
in Moncton were yet CBC won't talk about it but an Irving newsrag
certainly did CORRECT???
COVID-19
One arrested in protest outside Premier Higgs's house
Published an hour ago
Marlo Glass | Telegraph-Journal
SAINT JOHN • One person was arrested at a demonstration outside of
Premier Blaine Higgs's house in Quispamsis on Saturday afternoon.
The Kennebecasis Regional Police Force confirmed they were on the
scene enforcing the mandatory order of the Emergency Measures Act.
Zone 2, which includes the greater Saint John area, moved into phase
red of the province's pandemic recovery plan on Jan. 20. Sgt. Kim
Bennett confirmed one arrest was made.
"There have been demonstrations for the past few Saturdays, and the
police have been on the scene as well," said Bennett.
Liz Kramer of Rothesay, who streamed a video of the demonstration on
her Facebook page, told the Telegraph-Journal she was arrested for
disturbing the peace, as well as
ticketed for violating the Emergency Measures Act for not wearing a mask.
Craig McDougall, the officer in charge of the police response to the
gathering, was not available for comment at the time of publication.
Kramer ran in the 2020 provincial election as an independent candidate
for the Rothesay riding.
The Telegraph-Journal asked the premier's oce for comment on
Saturday but did not receive a response by publication time.
Kramer returned to the premier's house on Sunday to "let everyone know
she wasn't afraid," she said. She received another ticket for not
wearing a mask in her car with another person.
She says she is "protesting the non-justification of a continued state
of emergency," and that she "isn't an anti-masker, just a
freedom-lover."
On Saturday, she was issued an additional ticket for protesting
outside the premier's house the week prior.
Kramer said she intends to fight the tickets in court on March 18.
https://pipsc.ca/news-issues/
President Daviau asks political leaders in New Brunswick where they stand
PIPSC President, Debi Daviau has reached out to all political leaders
in New Brunswick to clarify their positions on issues that matter most
to our members.
Read the letter
Several hundred PIPSC members live and work in New Brunswick. Our
membership in the province includes Crown Prosecutors, Crown Counsel,
Legal Aid Services employees, agrologists and agronomists, engineers,
architects and land surveyors, as well as veterinarians and veterinary
pathologists.
All who have continued to provide critical services to the people of
New Brunswick during the COVID 19 crises. And many who have been on
the front lines of the provincial and federal response to the
pandemic.
President Daviau has asked each party to clarify what their position
is on the following issues:
(1) If elected, what will your party do to ensure an effective,
well-funded provincial public service continues to be in place in the
years ahead?
(2) If elected, in light of ongoing health concerns related to the
COVID-19 pandemic, what will your party do to ensure the safety of our
members returning to their regular work locations? And will your party
support appropriate work-life balance accommodations for our members
and their families given the continued uncertainty regarding what will
constitute the “new normal” in the future?
(3) If elected, will your party ensure that our members receive fair
compensation that is competitive with those of their counterparts
across Canada? As you may know, public service professionals in New
Brunswick are currently among the lowest paid in the country.
(4) With the move from a defined benefit pension plan to a shared risk
pension plan, our members are now left with a retirement plan that
delivers less and costs more. If elected, what will your party do to
address this shortfall?
We are a non-partisan union and ready to collaborate with the next New
Brunswick government to ensure that New Brunswickers continue to
receive the excellent public services that they expect and depend on.
Published on 8 September 2020
https://pipsc.ca/groups/nbcp/
NBCP Group Executive
President
Christopher T. Titus
Group : NBCP
Department : OAG
Phone : 1-506-658-2580
Email : christopher.titus@gnb.ca
Vice-President
Claude Haché
Group : NBCP
Department : OAG
Phone : 1-506-453-2784
Email : claude.hache@gnb.ca
Secretary
Maurice Blanchard
Group : NBCP
Department : OAG
Phone : 1-505-856-3536
Email : maurice.blanchard@gnb.ca
Treasurer
Rémi Allard
Group : NBCP
Department : OAG
Phone : 1-506-856-2310
Email : remi.allard@gnb.ca
Member
Corry Toole
Group : NBCP
Department : OAG
Phone : 1-506-643-2381
Email : corry.toole@gnb.ca
Member
Shara Munn
Group : NBCP
Department : OAG
Phone : 1-506-658-2610
Email : shara.munn@gnb.ca
https://www.cbc.ca/news/
Protesters who allegedly violated N.B. COVID rules hire Ontario lawyer
Judge rejects request to bar media from publishing name of one of five
facing charges
Shane Magee · CBC News · Posted: Mar 10, 2021 2:40 PM AT
Two people arrested and charged following a protest outside Moncton
city hall in January have hired an Ontario lawyer who unsuccessfully
requested a publication ban to restrict reporting the name of one of
those facing charges. (Radio-Canada )
A provincial court judge on Wednesday denied a request to prohibit
media from reporting the name of one of five people charged with
violating New Brunswick's COVID-19 rules at a protest in Moncton.
The request was made by Ontario lawyer Joshua Halpern, who is
representing Bathurst residents Nicholas DeAngelis, 34, and
31-year-old Britney Green.
DeAngelis and Green were arrested and charged following the Jan. 24
protest outside Moncton city hall. Both were scheduled to appear in
Moncton provincial court Wednesday to enter pleas on the charges they
face.
Neither were present, but were represented by Halpern, who appeared by phone.
"I'd like to request a publication ban on this file," Halpern told
Provincial Judge Brigitte Volpé after she read the charges against
DeAngelis.
Publication bans are standard for the names of victims of sexual
crimes and for those under 18 facing charges, but the names of adults
charged are public record because of the open court principle.
Prosecutor opposed request
"I understand there's been a lot of media attention around this and he
feels he's being harassed by the media," Halpern said.
The defence lawyer sought the ban based on a section of the criminal
code that allows barring names of witnesses and victims of crime at
the request of a Crown prosecutor.
Crown prosecutor Maurice Blanchard opposed the request, saying he
didn't believe such a ban would be allowed.
"Unless I'm mistaken, your client is the accused, not a victim here,"
the judge said.
"Not a victim, but he is a witness as well as being an accused," Halpern said.
"The section under which you're [requesting the ban], in my opinion,
doesn't permit me to do that," Volpé said, adding Halpern could file
an application seeking such a ban and a hearing would need to be held
to consider the request.
DeAngelis faces criminal charges of causing a disturbance at a
Superstore in Moncton by screaming, mischief by interfering with the
use of property, and resisting two police officers on Dec. 31, 2020.
DeAngelis is alleged to have violated the province's Emergency
Measures Act on Dec. 31 by not wearing a mask, not wearing a mask in
Shediac on Jan. 22 and Jan. 24 by taking part in a gathering of more
than five people while not physically distanced and not wearing a
mask.
Green faces similar criminal charges.
It's also alleged she violated the Emergency Measures Act on Dec. 31
by not wearing a mask and Jan. 24 by taking part in a gathering of
more than five people while not physically distanced and not wearing a
mask.
Halpern requested an adjournment so he can get disclosure of the
Crown's evidence. He's scheduled to appear in court by phone on April
21.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton, and
David Robert West, 54, of Riverview were also charged following the
protest outside city hall.
Teakles returns to court March 22, while West is scheduled to appear April 6.
An arrest warrant was issued for Rossiter after he missed a court
appearance in February.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/
Moncton protester against COVID rules found fit after psychiatric evaluation
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT | Last
Updated: February 25
An anti-mask protest took place in Moncton on Jan. 24 and five people
were arrested. (Radio-Canada )
A Riverview man arrested during a protest against COVID-19
restrictions in Moncton last month was found fit to stand trial
following a 30-day psychiatric evaluation.
David Robert West, 54, will be released from custody and is next
scheduled to appear in court April 6.
West was among five people arrested and held in custody following the
Jan. 24 protest outside Moncton city hall, but was the only one still
in custody.
He appeared in Moncton provincial court Thursday afternoon by video
from the Southeast Regional Correctional Centre in Shediac.
Defence lawyer Guillaume LeBlanc told provincial court Judge Paul
Duffie that he had yet to receive disclosure of the Crown's evidence.
West indicated during an appearance Jan. 28 that he was "just not all
there in the head right now." A judge had ordered the psychiatric
evaluation at the Restigouche Hospital Centre in Campbellton at
LeBlanc's request.
West faces several criminal charges, including allegations he resisted
a police officer on Oct. 8, 2020, assaulted a peace officer on the
same date, caused a disturbance at a grocery store in Moncton on Dec.
31, 2020 and violated the province's Emergency Measures Act at a
Shediac grocery store on Jan. 22 this year, according to a list of
charges read in court Thursday.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton,
Nicholas Deangelis, 34, of Bathurst, and Britney Green, 31, of
Bathurst were the others arrested and charged following the Jan. 24
protest.
Green and Deangelis are scheduled to return to court March 10. Teakles
returns to court March 22. An arrest warrant was issued after Rossiter
missed his Tuesday court appearance.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/
Warrant issued after anti-mask protester skips Moncton court appearance
Jonathan Rossiter, 29, of Nackawic was set to enter a plea in Moncton court
Shane Magee · CBC News · Posted: Feb 22, 2021 12:09 PM AT
RCMP officers issued tickets and arrested several people at the
protest for violating the province's emergency measures during a
protest outside Moncton city hall on Jan. 24. (Guy
LeBlanc/Radio-Canada)
A judge issued an arrest warrant Monday after a person arrested and
charged following an anti-mask protest in Moncton missed his court
appearance.
Jonathan Rossiter, 29, of Nackawic faces criminal charges of
assaulting, resisting and obstructing police officers on Jan. 24 in
Moncton. He also faces a charge of violating the province's Emergency
Measures Act by taking part in a gathering of more than five people
outside, while people were not more than two metres apart and wearing
masks.
He was one of six arrested Jan. 24 at the protest outside Moncton city
hall. He was released from custody the following day and ordered to
appear in court again on Monday to enter a plea on the charges.
He was not present in Moncton provincial court, and no lawyer was
there to represent him, so Judge Luc Labonté issued an arrest warrant.
Dawn Teakles, 49, of Moncton, was also arrested at the protests and
also faces similar criminal charges and an alleged violation of the
Emergency Measures Act.
Teakles was present in court and was wearing a mask, but did not enter a plea.
Teakles told the judge she has applied for legal aid representation.
She's scheduled to return to court March 22.
Earlier, David West, 54, of Riverview was sent for a 30-day
psychiatric evaluation and is scheduled to return to court Feb. 25.
Bathurst residents Britney Green, 31, and Nicholas DeAngelis, 34, were
released on bail Jan. 28 and are scheduled to return to court March
10.
Codiac Regional RCMP Supt. Tom Critchlow told Moncton councillors last
week that police had noted a protest Feb. 14 had followed the
province's rules meant to reduce the spread of COVID-19.
CBC's Journalistic Standards and Practices
For the record I crossed paths with Judge Luc Labonté BIGTIME when he
was prosecuting Werner Bock He wisely dropped the charges as soon as
he and I had a little pow wow on the phone and I sent him a few emails
to prove what I said was true The same holds true only worse for James
McAvity and his cohorts years 10 years before when he was prosecuting
Corry Toole and my bother in law's former client Shawn Tabor in 2004
because those fools continued to pursue the matter for the benefit of
their friend David Lutz and wannabe liberal judge even though they
were duly informed of the truth of the matter
https://www.cbc.ca/news/
Charges against cattle farmer Werner Bock dropped
Crown withdrew 2 counts of failing to provide proper food and water
because cows have been sold
CBC News · Posted: Jun 20, 2014 12:05 PM AT
A New Brunswick cattle farmer is no longer facing charges of failing
to care for his animals.
Werner Bock, 70, of Petitcodiac, had been charged with two counts of
failing to provide proper food and water to his cattle during the
spring of 2011.
But the Crown withdrew the charges under New Brunswick's SPCA Act in
Moncton provincial court on Thursday, saying Bock has sold his cows
and the herd no longer needs protection.
Bock had claimed the case against him was a conspiracy by the
government, veterinarians, the RCMP and CBC.
He testified that lasers and heat rays had killed his cows.
In December, Bock had been found unfit to stand trial. A psychiatric
assessment showed he was suffering from a delusional disorder.
Judge Troy Sweet had adjourned the case until June 19 and released
Bock on the conditions that he keep the peace and report to Moncton
Mental Health for assessment and treatment.
Crown witnesses had testified about a pile of carcasses under hay
bales, a dead cow in a brook and others buried in the woods.
CBC's Journalistic Standards and Practices
The following year the LIEBRANOS and Luc Labonte cannot deny that I
smelled something fishy while I was arguing Crown Attorneys in Federal
Court
---------- Original message ----------
From: "LaBonte, Luc (OAG/CPG)" <Luc.LaBonte@gnb.ca>
Date: Wed, 30 Dec 2015 12:41:18 +0000
Subject: Automatic reply: Methinks something smelled fishy between
Dominic Leblanc and Trudeau The Younger's minions within the RCMP way
back in 2004 yett the CBC or Keith Ashfield would never say shit about
it but the media in Norway sometimes did
To: David Amos <motomaniac333@gmail.com>
I will out of the office until January 4, 2016. I will periodically
check my e-mails, however, expect delays for responses. Should you
have an emergency, please contact 506-453-2784.
Je serai absent du bureau jusqu'au 4 janvier 2016. Je vérifirai mon
courriel de temps en temps mais il y aura un délai pour les réponses.
Si vous avez une urgence, s.v.p. veuillez contacter le 506-453-2784.
> From: David Amos <david.raymond.amos@gmail.com>
> Subject: Re: FW: Message to Angie re confirmation that David Banks of
> the Dispatch 911 at the Fredericton City Police said he sent the 911
> audio evidence to the Crown
> To: "Evelyn Greene" <evelyngreene@live.ca>, "oldmaison@yahoo.com"
> <oldmaison@yahoo.com>, "thepurplevioletpress"
> <thepurplevioletpress@gmail.
> Cc: "We are Fred up" <WEAREFREDUP@gmail.com>, andremurraynow@gmail.com
> Date: Saturday, January 28, 2012, 2:38 PM
>
>
> http://
>
> http://www.youtube.com/watch?
>
> http://www.scribd.com/doc/
>
> http://
>
> http://www.youtube.com/watch?
>
> http://
>
> On 1/28/12, David Amos <david.raymond.amos@gmail.com> wrote:
>> No special treatment when police face charges: lawyer
>> Craig Babstock (Times & Transcript) – With more than 20 years
>> experience as a Crown prosecutor, Luc Labonté knows how some people
>> will react when they hear an RCMP officer had his assault charged
>> stayed earlier this week. He knows that some will have the perception
>> this individual no longer faces a charge because he’s a police
>> officer.
>>
>> “Unfortunately, we’ll never be able to change those people’s minds,”
>> says Labonté.
>>
>> But New Brunswick’s director of Public Prosecutions Services wants to
>> assure the public that people who are charged with a crime are all
>> treated the same, no matter if they are a Mountie, a plumber or a
>> newspaper reporter.
>>
>> “Our system is based on evidence, not on someone’s profession,” says
>> the prosecutor.
>>
>> The case in question involved an accusation a Mountie committed a
>> summary assault against his spouse in December and was supposed to go
>> to trial in Moncton provincial court on Tuesday. Instead, the Crown
>> asked for a stay of proceedings, saying the request came from the head
>> office in Fredericton, which the judge granted. Head office gave no
>> reason for the request, beyond saying the file was reviewed and it was
>> determined that it was not appropriate to proceed with a charge at
>> this time.
>>
>> Knowing the public is quick to scrutinize cases involving a police
>> officer, Labonté agreed to talk about the procedure that’s in place in
>> cases where a police officer is charged, in an attempt to reassure the
>> public there is no bias, either for or against an officer.
>>
>> In this particular case, an RCMP officer investigated the RCMP officer
>> who was accused and eventually laid the charge against him in court.
>> That investigator told the Times & Transcript earlier this week that
>> his work was reviewed by officers from a non-RCMP police force in the
>> province.
>>
>> Labonté says while it’s preferable not to have officers from the same
>> police force investigate one another, this particular investigation
>> was independently reviewed by two Crown prosecutors. New Brunswick is
>> what’s known as a “pre-screening province,” meaning that the Crown
>> reviews charges and approves them before they are laid in court. The
>> director says no prosecutor deals with files involving police officers
>> from their own area.
>>
>> “If I’m a Moncton prosecutor and they bring me a file about a Codiac
>> RCMP member, I would immediately not look at that file and send it to
>> head office,” says Labonté. “If a Moncton prosecutor said no to a
>> charge for a Moncton police officer, it would look bad.”
>>
>> The head office finds a prosecutor in the province who has not had
>> dealings with that police officer. Because Mounties are frequently
>> transferred, they also check where that person has been located in the
>> past so there’s no conflict with the Crown assigned to the file.
>>
>> During his career in Moncton, Labonté took on files involving police
>> officers in other parts of the province of whom he had no knowledge,
>> which allowed him to treat each case like any other file.
>>
>> “We want to make sure they don’t get any special treatment or treated
>> more harshly than any other person,” he says. “We ensure the threshold
>> required to prosecute someone is met.”
>>
>> A common misperception about Crown prosecutors is that they are out to
>> register convictions, but that’s not the case. As a sign in the lobby
>> of the Crown’s office in the Moncton Law Courts says, the goal is to
>> present the facts and let the judge or jury decide guilt.
>>
>> “We are to be an unbiased presenter of the facts, we’re not there to
>> seek convictions,” he says.
>>
>> Labonté says cases are constantly reviewed leading up to a trial and
>> there are many reasons why a stay may be sought. For example a witness
>> may disappear, a person can change their story, new evidence can be
>> discovered, or a new person reviewing the file may have a different
>> opinion whether or not it should proceed.
>>
>> While Labonté can’t discuss the specifics of the Moncton case from
>> this week, he says he reviewed the file and recommended the case not
>> go to trial. That recommendation went to his deputy minister, who
>> agreed. In cases where the Crown requests a stay of proceedings, it
>> has a year to decide if it wants to lay the charge again.
>>
JAMES MCAVITY
Crown Prosecutor (Acting)
Saint John, Crown Prosecutors Office (Regional Office )
Justice & Public Safety
Phone : (506) 658-2580
Fax : (506) 658-3061
Email : James.McAvity@gnb.ca
https://www.linkedin.com/in/
Guillaume LeBlanc
Fowler Law P.C. inc. Full-time
Dates Employed Sep 2020 – Present
Employment Duration 7 mos
Location Moncton, New Brunswick, Canada
James E. Fowler
Called to the bar: 1979 (NB); Q.C.2013 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: james.fowler@fowlerlawpc.com
https://www.facebook.com/
https://www.shaplegal.com/
(647) 932-2147
law@shapirohalpern.com
Joshua Halpern
Law Society Number
78744E
Class of Licence Definitions
Lawyer (L1)
Real Estate Insured †
No
Status Definitions
In Private Practice
Business Name
Shapiro Halpern Law
Business Address
149 Willowdale Ave.Toronto, OntarioM2N 4Y5
Phone
1 647 932 2147
Email Address
joshuahalpern@outlook.com
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 4 Jun 2018 11:17:25 -0400
Subject: Attn Robert McKee I am calling you for the third time The pdf
files hereto attached are for real
To: robert.mckee@fowlerlawpc.com, "brian.gallant"
<brian.gallant@gnb.ca>, "chris.collins" <chris.collins@gnb.ca>, tj
<tj@burkelaw.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>
Cc: David Amos <david.raymond.amos@gmail.com>
<greg.byrne@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>
Robert K. Mckee
Called to the bar: 2012 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: robert.mckee@fowlerlawpc.com
http://www.cbc.ca/news/canada/
Robert McKee to run for the Liberals in Moncton Centre
Lawyer won Saturday's nomination by acclamation, a spokesperson for
the party says
CBC News · Posted: Jun 03, 2018 4:50 PM AT
Robert McKee, a 32-year-old lawyer and first-term Moncton city
councillor, declared his candidacy for the Moncton Centre Liberal
nomination on May 17. (Submitted)
Robert McKee has won the Moncton Centre Liberal nomination and will
run for the party in the upcoming provincial election this fall.
The 32-year-old lawyer was elected to Moncton city council in May,
2016, representing Ward 3, and declared his candidacy for the Moncton
Centre Liberal nomination on May 17.
He won Saturday's nomination by acclamation, according to Duncan
Gallant, a spokesperson for the party.
The availability to run in Moncton Centre for the Liberals opened up
after Speaker Chris Collins said he wouldn't reoffer for the party.
Speaker Chris Collins won't reoffer for Liberals, plans to sue
premier for libel
8 Liberals quit over premier's 'humiliating' treatment of Chris Collins
Premier Brian Gallant suspended Collins from the Liberal caucus on the
basis of allegations of harassment made by a former employee of the
legislature.
Collins described Premier Gallant's handling of the allegations as
"atrocious" and will finish his term as an independent.
The election is scheduled for Sept. 24.
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/
>
> January 11th, 2016 https://archive.org/details/
>
> April 3rd, 2017
>
> https://archive.org/details/
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant.
> ilian.html
>
>> http://www.cbc.ca/news/world/
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://archive.org/details/
>> 6
>>
>> http://davidamos.blogspot.ca/
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>
http://davidraymondamos3.
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc.
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
[2] On November 12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its entirety, without leave to
amend, on the basis that it was plain and obvious that the Claim
disclosed no reasonable claim, the Claim was fundamentally vexatious,
and the Claim could not be salvaged by way of further amendment (the
Prothontary’s Order).
[3] On January 25, 2016 (2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
Court (the Judge), reviewing the matter de novo, struck all of Mr.
Amos’ claims for relief with the exception of the claim for damages
for being barred by the RCMP from the New Brunswick legislature in
2004 (the Federal Court Judgment).
[4] Mr. Amos appealed and the Crown cross-appealed the
Federal Court Judgment. Further to the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
As such, the only matter before this Court is the Crown’s
cross-appeal.
II. Preliminary Matter
[5] Mr. Amos, in his memorandum of fact and law in
relation to the cross-appeal that was filed with this Court on March
6, 2017, indicated that several judges of this Court, including two of
the judges of this panel, had a conflict of interest in this appeal.
This was the first time that he identified the judges whom he believed
had a conflict of interest in a document that was filed with this
Court. In his notice of appeal he had alluded to a conflict with
several judges but did not name those judges.
[6] Mr. Amos was of the view that he did not have to
identify the judges in any document filed with this Court because he
had identified the judges in various documents that had been filed
with the Federal Court. In his view the Federal Court and the Federal
Court of Appeal are the same court and therefore any document filed in
the Federal Court would be filed in this Court. This view is based on
subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4) Every judge of the Federal Court is, by virtue of his or her
office, a judge of the Federal Court of Appeal and has all the
jurisdiction, power and authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
that office, a judge of the Federal Court and has all the
jurisdiction, power and authority of a judge of the Federal Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
juges de la Cour fédérale.
[7] However, these subsections only provide that the
judges of the Federal Court are also judges of this Court (and vice
versa). It does not mean that there is only one court. If the Federal
Court and this Court were one Court, there would be no need for this
section.
[8] Sections 3 and 4 of the Federal Courts Act provide that:
3 The division of the Federal Court of Canada called the Federal Court
— Appeal Division is continued under the name “Federal Court of
Appeal” in English and “Cour d’appel fédérale” in French. It is
continued as an additional court of law, equity and admiralty in and
for Canada, for the better administration of the laws of Canada and as
a superior court of record having civil and criminal jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
français et « Federal Court of Appeal » en anglais. Elle est maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté du
Canada, propre à améliorer l’application du droit canadien, et
continue d’être une cour supérieure d’archives ayant compétence en
matière civile et pénale.
4 The division of the Federal Court of Canada called the Federal Court
— Trial Division is continued under the name “Federal Court” in
English and “Cour fédérale” in French. It is continued as an
additional court of law, equity and admiralty in and for Canada, for
the better administration of the laws of Canada and as a superior
court of record having civil and criminal jurisdiction.
4 La section de la Cour fédérale du Canada, appelée la Section de
première instance de la Cour fédérale, est maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en anglais. Elle est
maintenue à titre de tribunal additionnel de droit, d’equity et
d’amirauté du Canada, propre à améliorer l’application du droit
canadien, et continue d’être une cour supérieure d’archives ayant
compétence en matière civile et pénale.
[9] Sections 3 and 4 of the Federal Courts Act create
two separate courts – this Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos suggests, documents filed in the Federal
Court were automatically also filed in this Court, then there would no
need for the parties to prepare and file appeal books as required by
Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
to any appeal from a decision of the Federal Court. The requirement to
file an appeal book with this Court in relation to an appeal from a
decision of the Federal Court makes it clear that the only documents
that will be before this Court are the documents that are part of that
appeal book.
[10] Therefore, the memorandum of fact and law filed on
March 6, 2017 is the first document, filed with this Court, in which
Mr. Amos identified the particular judges that he submits have a
conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court seeking an order “affirming or denying the
conflict of interest he has” with a number of judges of the Federal
Court. A judge of the Federal Court issued a direction noting that if
Mr. Amos was seeking this order in relation to judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of this
cross-appeal. The Federal Court motion is not a motion before this
Court and, as such, the submissions filed before the Federal Court
will not be entertained. As well, since this was a motion brought
before the Federal Court (and not this Court), any documents filed in
relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that
the third member of this panel also had a conflict of interest and
submitted some documents that, in his view, supported his claim of a
conflict. Mr. Amos, following the hearing of his appeal, was also
afforded the opportunity to provide a brief summary of the conflict
that he was alleging and to file additional documents that, in his
view, supported his allegations. Mr. Amos submitted several pages of
documents in relation to the alleged conflicts. He organized the
documents by submitting a copy of the biography of the particular
judge and then, immediately following that biography, by including
copies of the documents that, in his view, supported his claim that
such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is
that before he was appointed as a Judge of the Tax Court of Canada in
2006, he was a partner with the law firm Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
had a number of disputes with Patterson Palmer and Patterson Law and
therefore Justice Webb has a conflict simply because he was a partner
of these firms. Mr. Amos is not alleging that Justice Webb was
personally involved in or had any knowledge of any matter in which Mr.
Amos was involved with Justice Webb’s former law firm – only that he
was a member of such firm.
[14] During his oral submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
focused on dealings between himself and a particular lawyer at
Patterson Law. However, none of the documents submitted by Mr. Amos at
the hearing or subsequently related to any dealings with this
particular lawyer nor is it clear when Mr. Amos was dealing with this
lawyer. In particular, it is far from clear whether such dealings were
after the time that Justice Webb was appointed as a Judge of the Tax
Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the
alleged conflict for Justice Webb largely relate to dealings between
Byron Prior and the St. John’s Newfoundland and Labrador office of
Patterson Palmer, which is not in the same province where Justice Webb
practiced law. The only document that indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
who was a partner in the St. John’s NL office of Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
letter that is addressed to four individuals, one of whom is John
Crosbie who was counsel to the St. John’s NL office of Patterson
Palmer. The letter is dated September 2, 2004 and is addressed to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb
was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted that disqualification of a
judge is to be determined based on whether there is a reasonable
apprehension of bias:
60 In Canadian law, one standard has now emerged as the
criterion for disqualification. The criterion, as expressed by de
Grandpré J. in Committee for Justice and Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by
reasonable and right minded persons, applying themselves to the
question and obtaining thereon the required information. In the words
of the Court of Appeal, that test is "what would an informed person,
viewing the matter realistically and practically -- and having thought
the matter through -- conclude. Would he think that it is more likely
than not that [the decision-maker], whether consciously or
unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed
person, viewing the matter realistically and practically, and having
thought the matter through, would conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of bias. As this Court has
previously remarked, “there is a strong presumption that judges will
administer justice impartially” and this presumption will not be
rebutted in the absence of “convincing evidence” of bias (Collins v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed the
particular issue of whether a judge is disqualified from hearing a
case simply because he had been a member of a law firm that was
involved in the litigation that was now before that judge. The Ontario
Court of Appeal determined that the judge was not disqualified if the
judge had no involvement with the person or the matter when he was a
lawyer. The Ontario Court of Appeal also explained that the rules for
determining whether a judge is disqualified are different from the
rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a
finding that a trial judge has had some involvement in a case over
which he or she is now presiding. Where the judge had no involvement,
as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been
asked to represent the appellant as counsel before his appointment to
the bench, the conflict rules would likely have prevented him from
taking the case because his firm had formerly represented one of the
defendants in the case. Thus, it is argued how is it that as a trial
judge Patterson J. can hear the case? This issue was considered by the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
there is no inflexible rule governing the disqualification of a judge
and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an
inconsistency in application of rules can be explained by the
different contexts and in particular, the strong presumption of
judicial impartiality that applies in the context of disqualification
of a judge. There is no such presumption in cases of allegations of
conflict of interest against a lawyer because of a firm's previous
involvement in the case. To the contrary, as explained by Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
for sound policy reasons there is a presumption of a disqualifying
interest that can rarely be overcome. In particular, a conclusory
statement from the lawyer that he or she had no confidential
information about the case will never be sufficient. The case is the
opposite where the allegation of bias is made against a trial judge.
His or her statement that he or she knew nothing about the case and
had no involvement in it will ordinarily be accepted at face value
unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances
of this case and whether there are serious grounds to find a
disqualifying conflict of interest in this case. In my view, there are
two significant factors that justify the trial judge's decision not to
recuse himself. The first is his statement, which all parties accept,
that he knew nothing of the case when it was in his former firm and
that he had nothing to do with it. The second is the long passage of
time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform
the perspective of the reasonable person assessing the impact of this
involvement on Binnie J.'s impartiality in the appeals. That factor is
the passage of time. Most arguments for disqualification rest on
circumstances that are either contemporaneous to the decision-making,
or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson
Walker firm no longer acted for any of the parties by the time of
trial. More importantly, at the time of the motion, Patterson J. had
been a judge for six years and thus had not had a relationship with
his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter
realistically would conclude that the trial judge could deal fairly
and impartially with this case. I take this view principally because
of the long passage of time and the trial judge's lack of involvement
in or knowledge of the case when the Wilson Walker firm had carriage.
In these circumstances it cannot be reasonably contended that the
trial judge could not remain impartial in the case. The mere fact that
his name appears on the letterhead of some correspondence from over a
decade ago would not lead a reasonable person to believe that he would
either consciously or unconsciously favour his former firm's former
client. It is simply not realistic to think that a judge would throw
off his mantle of impartiality, ignore his oath of office and favour a
client - about whom he knew nothing - of a firm that he left six years
earlier and that no longer acts for the client, in a case involving
events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter
involving Mr. Amos while he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
clear during the hearing of this matter that the only reason for the
alleged conflict for Justice Webb was that he was a member of
Patterson Law and Patterson Palmer. This is simply not enough for
Justice Webb to be disqualified. Any involvement of Mr. Amos with
Patterson Law while Justice Webb was a member of that firm would have
had to occur over 10 years ago and even longer for the time when he
was a member of Patterson Palmer. In addition to the lack of any
involvement on his part with any matter or dispute that Mr. Amos had
with Patterson Law or Patterson Palmer (which in and of itself is
sufficient to dispose of this matter), the length of time since
Justice Webb was a member of Patterson Law or Patterson Palmer would
also result in the same finding – that there is no conflict in Justice
Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
(2d) 260, the Manitoba Court of Appeal found that there was no
reasonable apprehension of bias when a judge, who had been a member of
the law firm that had been retained by the accused, had no involvement
with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4
F.C. 321, 257 N.R. 96, this court did find that there would be a
reasonable apprehension of bias where a judge, who while he was a
lawyer, had recorded time on a matter involving the same person who
was before that judge. However, this case can be distinguished as
Justice Webb did not have any time recorded on any files involving Mr.
Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He
stated in his affidavit dated June 26, 2017 that there is a “true copy
of an American police surveillance wiretap entitled 139” on this CD.
He has also indicated that he has “provided a true copy of the CD
entitled 139 to many American and Canadian law enforcement authorities
and not one of the police forces or officers of the court are willing
to investigate it”. Since he has indicated that this is an “American
police surveillance wiretap”, this is a matter for the American law
enforcement authorities and cannot create, as Mr. Amos suggests, a
conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable
apprehension of bias for Justice Webb and therefore, no reason for him
to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional
experience with the government created a “quasi-conflict” in deciding
the cross-appeal. Mr. Amos provided no details and Justice Near
confirmed that he had no prior knowledge of the matters alleged in the
Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr.
Amos’ allegations against Justice Gleason, it appears that he alleges
that she is incapable of hearing this appeal because he says he wrote
a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney were partners in the law firm
Ogilvy Renault, LLP. The letter in question, which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
you and your little dogs too”. There is no indication that the letter
was ever responded to or that a law suit was ever commenced by Mr.
Amos against Mr. Mulroney. In the circumstances, there is no reason
for Justice Gleason to recuse herself as the letter in question does
not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the
Judge err in setting aside the Prothonotary’s Order striking the Claim
in its entirety without leave to amend and in determining that Mr.
Amos’ allegation that the RCMP barred him from the New Brunswick
legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the
Prothonotary’s Order, this Court revisited the standard of review to
be applied to discretionary decisions of prothonotaries and decisions
made by judges on appeals of prothonotaries’ decisions in Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
this Court replaced the Aqua-Gem standard of review with that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
[Housen]. As a result, it is no longer appropriate for the Federal
Court to conduct a de novo review of a discretionary order made by a
prothonotary in regard to questions vital to the final issue of the
case. Rather, a Federal Court judge can only intervene on appeal if
the prothonotary made an error of law or a palpable and overriding
error in determining a question of fact or question of mixed fact and
law (Hospira at para. 79). Further, this Court can only interfere with
a Federal Court judge’s review of a prothonotary’s discretionary order
if the judge made an error of law or palpable and overriding error in
determining a question of fact or question of mixed fact and law
(Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own
assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
must look to the Prothonotary’s Order to determine whether the Judge
erred in law or made a palpable and overriding error in choosing to
interfere.
B. Did the Judge err in interfering with the
Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following
paragraphs from the Crown’s submissions as the basis for striking the
Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but four
of those paragraphs are dedicated to an incident that occurred in 2006
in and around the legislature in New Brunswick. The jurisdiction of
the Federal Court does not extend to Her Majesty the Queen in right of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or provincial actors as parties to this action. The incident alleged
does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant
provide no details as to the individuals involved or the location of
the alleged incidents or other details sufficient to allow the
Defendant to respond. As a result, it is difficult or impossible to
determine the causes of action the Plaintiff is attempting to advance.
A generous reading of the Statement of Claim allows the Defendant to
only speculate as to the true and/or intended cause of action. At
best, the Plaintiff’s action may possibly be summarized as: he
suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim
on the same jurisdictional basis as the Prothonotary. The Judge noted
that the Federal Court has jurisdiction over claims based on the
liability of Federal Crown servants like the RCMP and that the actors
who barred Mr. Amos from the New Brunswick legislature in 2004
included the RCMP (Federal Court Judgment at para. 23). In considering
the viability of these allegations de novo, the Judge identified
paragraph 14 of the Claim as containing “some precision” as it
identifies the date of the event and a RCMP officer acting as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
para. 27).
[31] The Judge noted that the 2004 event could support a
cause of action in the tort of misfeasance in public office and
identified the elements of the tort as excerpted from Meigs v. Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’ statement of claim pleads each
element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful
conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her
conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public
officer and knowledge of harm alone is insufficient to conclude that a
public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient
material facts to meet the elements of the tort of misfeasance in
public office because the actors, who barred him from the New
Brunswick legislature in 2004, including the RCMP, did so for
“political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings
in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to
assert, baldly, conclusory phrases such as “deliberately or
negligently,” “callous disregard,” or “by fraud and theft did steal”.
“The bare assertion of a conclusion upon which the court is called
upon to pronounce is not an allegation of material fact”. Making bald,
conclusory allegations without any evidentiary foundation is an abuse
of process…
To this, I would add that the tort of misfeasance in public office
requires a particular state of mind of a public officer in carrying
out the impunged action, i.e., deliberate conduct which the public
officer knows to be inconsistent with the obligations of his or her
office. For this tort, particularization of the allegations is
mandatory. Rule 181 specifically requires particularization of
allegations of “breach of trust,” “wilful default,” “state of mind of
a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the
Prothonotary’s Order, we are of the view that the Judge interfered
absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable claim and was fundamentally vexatious on the
basis of jurisdictional concerns and the absence of material facts to
ground a cause of action. Paragraph 14 of the Claim, which addresses
the 2004 event, pleads no material facts as to how the RCMP officer
engaged in deliberate and unlawful conduct, knew that his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred from
the New Brunswick legislature for political and/or malicious reasons,
these allegations are not particularized and are directed against
non-federal actors, such as the Sergeant-at-Arms of the Legislative
Assembly of New Brunswick and the Fredericton Police Force. As such,
the Judge erred in determining that Mr. Amos’ allegation that the RCMP
barred him from the New Brunswick legislature in 2004 was capable of
supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare
allegations, devoid of any detail, such that it discloses no
reasonable cause of action within the jurisdiction of the Federal
Courts. Therefore, the Judge erred in interfering to set aside the
Prothonotary’s Order striking the claim in its entirety. Further, we
find that the Prothonotary made no error in denying leave to amend.
The deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s
cross-appeal, with costs, setting aside the Federal Court Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order, dated
November 12, 2015, which struck Mr. Amos’ Claim in its entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET:
A-48-16
STYLE OF CAUSE:
DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Fredericton,
New Brunswick
DATE OF HEARING:
May 24, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
DATED:
October 30, 2017
APPEARANCES:
David Raymond Amos
For The Appellant / respondent on cross-appeal
(on his own behalf)
Jan Jensen
For The Respondent / appELLANT ON CROSS-APPEAL
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent / APPELLANT ON CROSS-APPEAL
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