The
Vitalité Health Network board of directors is defending the presence of
the authority’s CEO, Dr. France Desrosiers, at a Progressive
Conservative fundraising dinner last Friday. (Gilles Boudreau/Radio-Canada)
The
chair of the Vitalité Health Network board of directors is defending
the presence of the authority's CEO at a Progressive Conservative
fundraising dinner last Friday.
Thomas Soucy says he paid for the
$600 ticket used by Dr. France Desrosiers so they could mix and mingle
with Premier Blaine Higgs and other Tory politicians in Saint John.
Desrosiers, who administers the health authority, is politically impartial, Soucy said.
"I'm the one who asked France to be there," he said.
Soucy
is the CEO of Groupe Westco, a major poultry producer based in
Saint-François, and was appointed chair of the Vitalité board last
year.
He said he frequently attends fundraisers for both the PC
and Liberal parties as a way to get access to provincial
decision-makers.
"This year I figured Vitalité needed to talk to
ministers," he said, explaining that he offered Desrosiers one of the
tickets he'd normally provide to a Westco employee or shareholder.
Thomas Soucy says he paid for the $600 ticket used by Dr. France Desrosiers. (Bernard Lebel/Radio-Canada)
"We
had enough tickets that we could bring her along and I thought it would
be a great event for us to be able to meet with all the different
ministers and try to tell them what we're doing, what we're pushing in
the health care system."
The pair did not attend a reception before the dinner that required a separate $200 ticket.
Soucy
became chair of the Vitalité board last June under the Higgs
government's new legislation creating completely appointed health
authority boards.
The government removed partly elected boards in
July 2022 and placed both health authorities, Vitalité and Horizon,
under trustees until the new system was in place.
Soucy
acknowledged that he and Desrosiers meet with the premier and ministers
without having to attend partisan fundraisers like the one last Friday
night.
But "every time I have the ability to tell people what
changes need to be done, what we need and why we need it, I try to put
as many people in front of the government as I can, as often as I can."
Echoes of 2012 event
In 2012, the then-CEO of Horizon
Health Donn Peters publicly apologized after buying 10 tickets to a PC
fundraising dinner, using a Horizon fund for event tickets drawn from
parking and cafeteria revenue.
Peters called it a "dumb mistake"
at the time and explained he thought the event, billed as "an evening
with" Premier David Alward, was sponsored by a business organization.
"When I realized it was a political event, I knew in my own mind that I'd never do that again," he said.
Legislation
adopted in 2017 banned corporate and union donations to political
parties. Now only individuals can donate, including through the purchase
of fundraiser tickets.
Soucy said this situation is also
different because Desrosiers didn't buy the ticket herself and he asked
her — as board chair and "as her boss" — to take part.
In 2012, the then-CEO of Horizon Health, Donn Peters, publicly apologized after buying 10 tickets to a PC fundraising dinner. (.)
The
province's Civil Service Act says civil servants must not engage in
political activity "in a manner or to an extent that could result in a
perception that the person is not fulfilling the duties and
responsibilities of the person's position impartially."
But Treasury Board spokesperson Morgan Bell said the CEOs of the two health authorities are not covered by the act.
Horizon
Health said its board chair, Carol Reimer, also attended the dinner,
but CEO Margaret Melanson did not attend. "No Horizon funds were used"
for Reimer's ticket, said spokesperson Kris McDavid.
Soucy said
he has been donating to "all political parties" for more than two
decades, and Friday's dinner was in keeping with that.
He said he
was not expensing the ticket to Vitalité, adding he doesn't charge the
health authority for any expenses related to his work as board chair,
which he said he considers pro bono.
Vitalité, Horizon Health and
the government are under scrutiny by New Brunswick's auditor-general for
its three contracts with private companies who provide travel nurses.
According
to the Globe and Mail, the three Vitalité contracts were for a combined
maximum of $168 million. The last of the three expires in 2026.
The
Department of Health said last month it would "normally" be told about
the contracts but had only been made aware of the first one, in 2022.
The dinner included speeches from both Premier Blaine Higgs and Conservative Party of Canada Leader Pierre Poilievre. (Blaine Higgs/X)
Soucy
said he and Desrosiers did not speak to Higgs and his ministers about
that issue, focusing instead on primary care and on how to organize
provincial laboratory services.
He said most of his employees don't have family doctors, and he lacks one himself.
"In
northwest New Brunswickers, there are no doctors. We've been out of
doctors for months. … Do I want to push that agenda? Absolutely."
CBC News asked for an interview with Desrosiers about the dinner but Vitalité made Soucy available instead.
The dinner featured federal Conservative Leader Pierre Poilievre as a guest speaker.
"I
would rather spend my Friday night with my kids at home than driving
four hours to Saint John and back," he said. "But that's the way we have
to contribute to political parties."
The Opposition Liberals said they had no comment on Desrosiers's presence at the PC fundraiser.
Soucy said he attended a Liberal fundraising event last September and has another one coming up this week.
Jacques
Poitras has been CBC's provincial affairs reporter in New Brunswick
since 2000. He grew up in Moncton and covered Parliament in Ottawa for
the New Brunswick Telegraph-Journal. He has reported on every New
Brunswick election since 1995 and won awards from the Radio Television
Digital News Association, the National Newspaper Awards and Amnesty
International. He is also the author of five non-fiction books about New
Brunswick politics and history.
"The province's Civil Service Act says civil servants
must not engage in political activity "in a manner or to an extent that
could result in a perception that the person is not fulfilling the
duties and responsibilities of the person's position impartially."
But Treasury Board spokesperson Morgan Bell said the
CEOs of the two health authorities are not covered by the act."
If that were true then why didn't Dr. Desrosiers buy her own ticket?
David Amos
Guess who I called this evening
David Amos
Content Deactivated
Thomas Soucy should have discussed my concerns with Dr. Desrosier and Higgy long ago.
David Amos
Content Deactivated
I am impressed that she did not spend my money that she had not got around to giving back
David Amos
I bet Higgy vetted who could attend the fund raiser
Shawn Tabor
Reply to David Amos
Where is Lou
David Amos
Content Deactivated
Reply to Shawn Tabor
Speak of the devil and it is sure to appear
Michael Collins
nothing new here,political business as usual
David Amos
Reply to Michael Collins
Nope Today is budget day Hence methinks the confidence vote makes the circus particularly enjoyable to watch ce jour N'esy Pas?
valmond landry
how can a person spend 600$ for a gathering and
a lunch such as this while their are kids going to school hungry and
old people having a hard time to put a roof over their heads plus
single mothers having a hard time financially and everything else going
to h....... where their conscience i know it's their money ,however i
feel sad thinking about this .plus the fact that the premier is bragging
about a big surplus no wonder this province is the laugh of the rest of
the country.
David Amos
Reply to valmond landry
Which one has a conscience?
William Murdoch
Reply to valmond landry
Who is laughing at NB?
William Peters
Don't they have e-mail? It's not a good look
when you go to a political rally. It's more of situation where someone
is trying to rub someone's back in hopes of getting a future tickle.
Don Corey
Reply to William Peters
Face to face always works much better than email.
David Amos
Reply to Don Corey
Emails provide proof of the spit and chews thats why Higgy wants nothing in writing
Don Corey
Given the areas of the province that Vitalite is
responsible for, it is understandable that the golden triangle crowd
(except for part of Moncton) would think this is a terrible thing.
Anything that can be done to improve our healthcare
system in the northern part of the province is well worth the cost of
one ticket (not paid for by taxpayers) to any event, political or
otherwise.
David Amos
Reply to Don Corey
The Opposition Liberals said they had no comment on Desrosiers's presence at the PC fundraiser.
valmond landry
Reply to David Amos
liberal conservatives all the same,looking for their own
interest and people don't learn .vote for a party that look after
people N.D P can't be any worse .have a good day
Brian Dufoe
Lobbyists run amock influencing elected officials.
Lobbying needs to be outlawed.
David Wilson
Reply to Brian Dufoe
How then would politicians be rewarded after leaving office if not for doing favours while in office?
Brian Dufoe
Reply to David Wilson
3 free golf balls and a piece of grass to eat.
William Peters
Reply to Brian Dufoe
In a plutocracy, never. Money is supposed to lead you being able to buy influence.
David Amos
Reply to Brian Dufoe
and they can take their manure with them
Shawn Tabor
You can’t make this up.
David Amos
Reply to Shawn Tabor
"CBC News asked for an interview with Desrosiers about the dinner but Vitalité made Soucy available instead."
Go Figure
Shawn Tabor
Reply to Shawn Tabor
They can’t hide this anymore, BUSINESS as
normal, regardless of the political party. Standard operating procedure.
Taxes and death.
Al Clark
I wonder if she enjoyed the COR party games?
David Amos
Reply to Al Clark
Why else would she go?
Don Corey
Content Deactivated
Reply to Al Clark
Are you envious?
Al Clark
Reply to David Amos
Did lulu pop in to share some wisdom?
Al Clark
Reply to David Amos
Whoops! Guess it was donblaine. Well Don, I have fond recollections of schoolyard games, but I've adulted.
Glenn Miller
Reply to Al Clark
Pollywog so it was not all Cor. More like CON.
danny rugg
Ah the chicken dance , it all makes sense now.
David Amos
Reply to danny rugg
In more ways than one
Bill Watson
I support Dr. Desrosiers in this matter.
David Amos
Reply to Bill Watson
I do not
valmond landry
Reply to Bill Watson
i do not either!!!!!!
Dan Lee
Reply to Bill Watson
make it 3.....
Shawn Tabor
Reply to Bill Watson
I am 4
Shawn Tabor
Reply to Bill Watson
Then again, maybe she looked at it as a free
dinner. Everyone has to eat. She was hungry LOL. I wonder what was on
the menu. Yum yum
Rosco holt
Suurree, she's impartial buying a 600$ ticket for a government event that keep failing NBers....
David Amos
Reply to Rosco holt
The Seniors Advocate knows the Health Care System Higgy oversees owes me about the price 10 tickets to his fancy dinner.
Raymond Leger
Sad state of affairs we have here in New Brunswick
David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos @alllibertynews and 49 others
Methinks Higgy et al are well aware of why I would like to talk to Mr
Alpaugh ASAP particularly after my receiving a very egregious letter
from one of my doctors N'esy Pas?
---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Fri, 21 Feb 2020 00:51:52 +0000
Subject: Automatic reply: I just caught Krissy Baby being a LIAR on
Rogers TV and they cut me off
To: David Amos <david.raymond.amos333@gmail.com>
[Le français suit.]
Dear Sir/Madam:
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 this is a Media Request, please contact the Premier’s office at
(506) 453-2144
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.
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-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel: premier@gnb.ca/premier.ministre@gnb.ca
---------- Forwarded message ----------
From: "Cameron, Melanie Dawn (HorizonNB)" <MelanieDawn.Cameron@horizonnb.ca>
Date: Fri, 21 Feb 2020 01:02:48 +0000
Subject: Automatic reply: I just caught Krissy Baby being a LIAR on
Rogers TV and they cut me off
To: David Amos <david.raymond.amos333@gmail.com>
I will be away from the office returning on Monday, February 24th
Melanie Cameron
Executive Assistant
506-465-4433
------- Horizon Health Network Disclaimer -------
This e-mail communication (including any or all attachments) is intended
only for the use of the person or entity to which it is addressed and may
contain confidential and/or privileged material. If you are not the intended
recipient of this e-mail, any use, review, retransmission, distribution,
dissemination, copying, printing, or other use of, or taking of any action in
reliance upon this e-mail, is strictly prohibited. If you have received this
e-mail in error, please contact the sender and delete the original and any
copy of this e-mail and any printout thereof, immediately. Your
co-operation is appreciated.
Le présent courriel (y compris toute pièce jointe) s'adresse uniquement à
son destinataire, qu'il soit une personne ou un organisme, et pourrait
comporter des renseignements privilégiés ou confidentiels. Si vous n'êtes
pas le destinataire du courriel, il est interdit d'utiliser, de revoir, de
retransmettre, de distribuer, de disséminer, de copier ou d'imprimer ce
courriel, d'agir en vous y fiant ou de vous en servir de toute autre façon.
Si vous avez reçu le présent courriel par erreur, prière de communiquer
avec l'expéditeur et d'éliminer l'original du courriel, ainsi que toute copie
électronique ou imprimée de celui-ci, immédiatement. Nous sommes
reconnaissants de votre collaboration.
Nous accusons réception de votre courriel. Un suivi sera fait dès que possible.
Veuillez prendre note que les messages reçus à cette adresse
électronique sont vérifiés seulement durant les heures d'ouverture de
nos bureaux, soit de 8 heures à 16 heures du lundi au vendredi. Si
vous avez besoin d'une aide immédiate, composez le 911 ou communiquez
avec l'hôpital le plus près.
Merci!
We acknowledge receipt of your e-mail. A follow-up will be done as
soon as possible.
Please note that messages received at this e-mail address will be
checked during our office hours only, i.e. between 8 a.m. and 4 p.m.,
Monday through Friday. If you need immediate assistance, dial 911 or
contact the nearest hospital.
Before writs were dropped in BC and NS The VERY UNETHICAL "Journalist"
David Akin scores a new job as CHIEF POLITICAL CORRESPONDENT Global
News???
Methinks that by now mindless David Akin would have figured out that
just like one of my favourite artists Gordy Lightfoot I am still alive
and kicking. However if you scroll to the bottom of this blog you will
see byway of his Tweets Davey Boy continues to ignore my emails even
after I talk to his lawyer and send them both a Hell of an email. Go
figure why I am not surprised. EH Commissioner Bobby Paulson of the
RCMP?
Do tell does the CBC or the CRTC or CTV or Roger TV or even CPAC or
anyone else recall back in 2015 when I stress tested the ethics of
David Boy Akin and his gal pal Kady Baby O'Malley about voting etc
during and after the election of the 42nd Parliament? I did that years
after I talked to Akin the first in in 2004 when he worked for CTV and
about 2 years or so after Kady had blocked me within Twitter when she
and her snobby buddies such as Jesse Brown, Jian Ghomeshi, Greg Weston
and Evan Solomon used to work for CBC too.
Rhonda is a journalist with more than 24 years experience in the
television industry.
As Supervising Producer, she works with news staff in Halifax and New
Brunswick in the gathering the day’s stories and getting them to air
on Global News at 6 pm.
Born in Newfoundland and raised in Ottawa, she’s lived in Halifax for
more than 22 years.
She’s held a variety of roles with both Global News and CBC over her
career, with a brief foray into public relations.
A perennial candidate is a political candidate who frequently runs for
an elected office and rarely, if ever, wins. The term is the opposite
of an incumbent politician who repeatedly defends their seats
successfully.
Perennial candidates can vary widely in nature. Some are independents
who lack the support of the major political parties in an area or are
members of alternative parties (such as third parties in the United
States). Others may be mainstream candidates who can consistently win
a party's nomination, but because their district is gerrymandered or a
natural safe seat for another party, the candidate likewise never gets
elected (thus these types are often paper candidates). Still others
may typically run in primary elections for a party's nomination and
lose repeatedly. Numerous perennial candidates, although not all, run
with the full knowledge of their inability to win elections and
instead use their candidacy for satire, to advance non-mainstream
political platforms, or to take advantage of benefits afforded
political candidates (such as campaign financing, name recognition,
and television advertising benefits).
---------- Forwarded message ----------
From: Rédaction <nouvelle@acadienouvelle.com>
Date: Tue, 18 Feb 2020 09:17:12 -0800
Subject: Re: Fwd: YO Mr Higgs Re My right to MEDICARE and NO MORE
false imprisonment Just as I get another bill from Vitalité I hear
Horizon want the RCMP to arrest me AGAIN TRUE or FALSE??? (Out of
Office )
To: david.raymond.amos333@gmail.com
Nous avons reçu votre message. Au besoin, nous communiquerons avec
vous pour plus de détails. Si vous avez des informations
supplémentaires à fournir, s'il vous plaît, répondez à ce courriel.
Merci de votre intérêt envers l'Acadie Nouvelle.
--
Salle des nouvelles
Acadie Nouvelle
[image]
---------- Forwarded message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Tue, 18 Feb 2020 17:17:13 +0000
Subject: Automatic reply: YO Mr Higgs Re My right to MEDICARE and NO
MORE false imprisonment Just as I get another bill from Vitalité I
hear Horizon want the RCMP to arrest me AGAIN TRUE or FALSE??? (Out of
Office )
To: David Amos <david.raymond.amos333@gmail.com>
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.com
L'Acadie Nouvelle - Bureau de Caraquet
476, boulevard Saint-Pierre ouest
C.P. 5536
Caraquet, Nouveau-Brunswick,
E1W 1B7
Mathieu Roy-Comeau
Téléphone : 506 450-6103 (bureau)
Téléphone : 506 470-2413 nouvelle@acadienouvelle.com,
Vitalité Health Network
275 Main Street, Suite 600
Bathurst NB E2A 1A9
Telephone: 506-544-2133
Toll-free: 1-888-472-2220
Fax: 506-544-2145 info@vitalitenb.ca
At Horizon Health Network we are extremely appreciative for the
support of our Foundations, Auxiliaries, and Alumnae. These
organizations provide funding and support for much needed equipment,
programs and projects. This support continues to allow Horizon Health
Network to provide the best possible patient care. Our volunteers are
equally important as they provide much needed emotional support and
assist with our patient care by reading, writing, cooking, delivering
flowers, or sitting with someone who might not have family nearby.
Whichever way you choose to give, your gift is valued and appreciated.
Foundations
Auxiliaries
Alumnae
Volunteer
Foundations
Bennett and Albert County Health Care Foundation
Chalmers Regional Hospital Foundation
Charlotte County Hospital Foundation
Friends of The Moncton Hospital Foundation
Grand Manan Hospital Foundation
Harvey Community Hospital Foundation
Hotel-Dieu of St. Joseph Hospital Foundation
Miramichi Regional Hospital Foundation
Oromocto Public Hospital Foundation
Rexton and Area Health Care Foundation
Sackville Memorial Hospital Foundation
Saint John Regional Hospital Foundation
St. Joseph's Hospital Foundation
Stan Cassidy Foundation
Sussex Health Care Centre Foundation
Tobique Valley Health Care Foundation
Upper River Valley Hospital Foundation
Wauklehegan Manor/MacLean Memorial Hospital Foundation
---------- Forwarded message ----------
From: Barbara Massey <Barbara.Massey@rcmp-grc.gc.ca>
Date: Fri, 14 Feb 2020 19:30:16 -0500
Subject: Re: YO Mr Higgs Re My right to MEDICARE and NO MORE false
imprisonment Just as I get another bill from Vitalité I hear Horizon
want the RCMP to arrest me AGAIN TRUE or FALSE??? (Out of Office )
To: David Amos <david.raymond.amos333@gmail.com>
I am out of the office until Tuesday, February 18 and have
intermittent access to Email. For any urgencies, please contact
Jennifer Duggan, General Counsel, at 613 825 2981, or my admin
assistant, Sandra Lofaro 613 843 3540..
Je suis absent du bureau jusqu'à mardi 18 février, et j'aurai un accès
intermittent aux courriéls. Pour toute urgence,.vous pouvez
communiquer avec Jennifer Duggan, Avocate générale, au 613 825 2981,
ou avec mon adjointe admin. Sandra Lofaro 613 843 3540.
Doctor shortage forces overnight closure at Sackville ER
More er closures are possible before hours are permanently reduced on March 11
CBC News · Posted: Feb 13, 2020 11:32 AM AT
57 Comments
Commenting is now closed for this story.
David Amos
Content disabled
Go Figure These are obviously not my Tweets but I did run against the lady
Chisholm Pothier
@chisholmp
·
Feb 10
The plan hasn’t even been announced yet and it’s already being
condemned. We know one thing for sure - we cannot keep delivering
Health the way we have. It isn’t sustainable with an aging population
and needs have changed with demographic change anyway. #nbpoli /1
Quote Tweet
Alaina Lockhart
@AlainaLockhart
· Feb 9
Premier @BlaineHiggs you can’t grow NB by reducing services in rural
areas. NB needs strong rural comms to thrive. The @townofsussex is key
to the region. You need to start thinking about the people impacted in
your quest to improve the bottom line. https://twitter.com/nsteinbach_rc/
David Amos
Content disabled
Reply to @David Amos: Chisholm Pothier no longer speaks for the
government Correct?
David Amos
Need I say I got a few calls after supper last night and the people
who called could tell I was pretty cranky about something? Trust that
what I heard on CBC this morning did not help my mood any..
David Amos
Methinks the real problem is that Higgy and Flemming can't get enough
bilingual folks who want to work within our Health Care System N'esy
Pas?
David Amos
Reply to @David Amos: Methinks everybody knows since the time of
Trudeau The Elder New Brunswick has been a great place to grow up and
get an education but to find work most of our young ones must head
west somewhere on the far side of Quebec. If the truth hurts so be it
N'esy Pas?
David Amos
On CBC this morning I heard our mindless Health Minister direct folks
to the emergency room in another province. Methinks we have not heard
that last about that N'esy Pas??
Jim Cyr
The people of New Brunswick are some of the silliest people in the
world. It’s been hilarious to see almost all of them completely turn
off their brains and freak out over Higgs’ emergency rooms plan. The
people will now vote out the PCs, of course......just as their silly
media masters tell them to do. And so the NB medical/fiscal/poverty
situation will just get worse and worse and worse than it already is..
You can’t make this kind of stuff up, folks!! Amazing to see.
Mind-numbingly predictable and monotonous. It’s like kubuki theater at
this point.. BAD kubuki theater.....lol
David Amos
Reply to @Jim Cyr: Methinks you may be cluing in as to why I call this
a circus If you can't find fun in the madness then you will go crazy
like they claim I am. Yea I'm crazy alright. Some say I'm crazy like a
fox others say I am just another narcissistic fool Hard telling not
knowing for sure but one thing is for certain I am having fun laughing
at all the people who laughed at me N'esy Pas?
However I can be as crazy as i want to be Higgy should ask the shinks
in the loonie bin of the DECH what they did with the wiretap tape of
the mob that I gave them in 2008 that the RCMP refuse to investigate.
Terry Tibbs
Reply to @Jim Cyr:
Silly? It's just plain "goofy". And once the CONServatives are gone,
having been exchanged for the Liberals, the process will repeat
itself, over and over.
Not one among us able to figure out the only end result is our pocket
remain empty.
Michael Durant
We need to begin serious talks with Doctors Without Boarders
David Amos
Reply to @Michael durant: Try again That one went over like a lead balloon
Ben Haroldson
Reply to @Michael durant: borders
Yves Savoie
Get your popcorn ready!!! The circus has begun....
David Amos
Reply to @Yves Savoie: Wanna trade some of your popcorn for peanuts?
Methinks Trump and everybody knows I have been enjoying the circuses
on both sides of the 49th for many years from the peanut galley.
Trump's minions know that just before July 4th, 2002 within a
statement of Claim against an incredible number of Yankee lawyers I
promised that I would run in the next Election in Canada. I have
remained true to my word and have run 7 times thus far. I joined the
clowns in the centre ring no only to to add my two bits worth and but
to witness the high diving acts up close and personal. Trust that
Harper and Higgy et al know that i dearly love the splash just my kids
and I did at Sea World a long long time ago N'esy Pas?
Ben Haroldson
Reply to @David Amos: Kudos to that, and if you were in my riding you
would get my vote, fed or prov.
Lou Bell
Reply to @Ben Haroldson: That would give him 14 votes
Lou Bell
Reply to @David Amos: " Methinks trumps and everybody knows I have
been enjoy.. .... ...... " !!! You really think trump knows who you
are ?? Seriously ???????????
David Amos
Reply to @Lou Bell: Do you want his lawyers cell number?
David Amos
Reply to @Lou Bell: Better yet do you want me to give them yours so
you can say hey to your Yankee heroes who locked me up in 2004?
David Amos
Reply to @Ben Haroldson: Thanks for the vote of confidence
Ben Haroldson
The Doctors are just helping to move things along. No sense waffling
if things are that dire.
David Amos
Reply to @Ben Haroldson: So you say
Terry Tibbs
What do you *think*? Coincidence, or not?
David Amos
Reply to @Terry Tibbs: Methinks we all know the wicked game by now N'esy Pas?
David Amos
Reply to @David Amos: BTW I was born in the Sackville Hospital in 1952
and it saved my butt 3 years later when I went into a coma for a
month. Methinks for that reason alone I should raise hell to defend
it. Methinks it should be rather obvious that I quite simply don't
care what my cousin Megan Mitton and all her Green Party pals say or
do about it N'esy Pas?
Holly Mossing
Reply to @Terry Tibbs: Not coincidence: ERs and Labour and Delivery
units have been randomly closing for years due to staffing issues.
That’s part of the problem, and this move will be part of the
solution. Government being responsible by listening to the health
authorities.
SarahRose Werner
How is the pool of doctors who provide nighttime ER coverage supplied?
Are these doctors who also work day jobs? Does staffing the ER
overnight make doctors less accessible to patients who seek service
during the day?
Elaine MacDonald
Reply to @SarahRose Werner: Overnight Doctors come from the family
practice doctors; so while some work the ER during the day, those who
work nights will also work office hours during the day before their
night shift starts. After midnight, the ER is emergencies only, so you
will be triaged by a nurse, then depending on the triage, you may or
may not see a doctor.
This Friday, from how it seems, there will be no doctor at all; I'm
not sure if a tirage nurse will assess people however.
SarahRose Werner
Reply to @Elaine MacDonald: Apparently not, because the ER will be
closed entirely. Which makes sense because triage is a sorting
procedure, not a treatment procedure. The word "triage" comes from the
process of sorting battlefield patients into three levels: those will
recover even without treatment, those who will even if treated and
those for whom treatment will make a difference. If there's no one
available to provide treatment, there's no point doing triage.
SarahRose Werner
Reply to @Elaine MacDonald: "Overnight Doctors come from the family
practice doctors; so while some work the ER during the day, those who
work nights will also work office hours during the day before their
night shift starts." - I'm not surprised that doctors who've already
worked during the day are averse to taking overnight shifts as well.
Terry Tibbs
Reply to @SarahRose Werner:
Why would they be "adverse"? If the "stories" told to us are true,
after supper the family practice doctor heads out to the ER for 7pm,
taking paperwork, or reading material, to catch up on.
Right around maybe 10, or 11pm they pull up a bed and have a snooze,
because there "might" be only 5 patients overnight, (this is "the
claim") maybe only one needing his/her attention, so the nurse can
wake him/her up as required. 7am the shift ends, doctor leaves fully
rested,12 hours pay richer.
In some cases, if the doctor lives real close, they go home, coming in
only if needed.
Holly Mossing
Reply to @SarahRose Werner: Yes, it does, which is part of the
problem. These are great shifts for doctors to pick up (quiet and pay
very well), but don’t help the health of local people overall because
the doc may see 5 urgent patients overnight but not be able to work at
see *25* the next day. That’s a big capacity issue.
David Amos
Reply to @Elaine MacDonald: Its a pity that nobody in Sackville would
listen to me this week
David Amos
Reply to @David Amos: However I will disclose that the Office of the
CEO of one of our Health Care systems called me a few days before
Flemming's big announcement in order to reach an understanding as to
why I am going to file a lawsuitin order to get my Medicare Card and
other things. I have heard nothing but crickets since. Methinks they
think I am bluffing Others know I am not N'esy Pas?
Ian Scott
It would help if the management would outline what it takes to have an
ER open 24/7. I do not think a lot of the public has a clue as to what
it means to open an ER to all comers and the staff then needed to
cover all reasonable issues. You cannot confuse the public and
ambulances etc where to go each night if staffing gets short. It makes
it worse. If you staff with general practice then they must have
extended training in ER issues. Otherwise the next thing is the
complaint that things were not done . Then comes the standard
equipment needed for stroke trauma etc, like CT scanners etc. Even
appendectomy becomes an issue without ultrasound or CT. Its really a
standard of practice and it requires a service level that is very
difficult to reach in small centers. Otherwise you just end up
shipping people out again and delaying diagnostics and the right
treatment, some of which are time related. Would you want surgery for
something that is not needed? Or have blood thinners given when you
actually have a brain bleed etc.
SarahRose Werner
Reply to @Ian Scott: One thing I've been reading in comments on
stories on this issue is that people mention being "stabilized" in a
smaller centre before being shipped out to a larger one. Not being a
medical professional, I don't know what resources and skills are
required to "stabilize" patients. Is this something that could be
achieved in some other way, for example, by expanded and improved
paramedic service?
Ian Scott
Reply to @SarahRose Werner: That is the care in bigger centers, well
trained paramedics to stabilize at site and transport. Still most
stroke issues need CT before treatment. Heart issues may be
"stabilized" with drugs etc but transfer really is key for assessment
. Trauma , (major) , needs a trauma center. I am not sure how many
paramedics can intubate in the field at this point in NB but even an
acute asthma or allergic issue might need it. Its what has been
suggested. The numbers are small in many of these towns.Even having
those staff may prove difficult down the road. Helicopter Air
ambulance is another issue, complex and expensive but out there.
Freddy is a trauma center for a certain level , but even it only has a
snowfield for landing.
SarahRose Werner
Reply to @Ian Scott: Okay, so if someone has a heart attack, acute
allergic attack, stroke, etc. in Sussex in the middle of the night and
that person needs some sort of immediate treatment to tide them over
until they get to the Saint John Regional, how is that provided? To
me, that's the crux of the issue here. I agree that 24/7 ER service in
all locations is not the answer. What are other possible answers?
Elaine MacDonald
Reply to @SarahRose Werner: In that situation, the patient will be
sent on to Saint John/Moncton (not sure which hospital in regards to
Sussex) regardless if they are stable or not.
SarahRose Werner
Reply to @Elaine MacDonald: Are there increased to the patient if
they're sent on without stabilization? What are those? What will be
done to ameliorate those risks?
Holly Mossing
Reply to @SarahRose Werner: There is a great study on this that showed
that cardiac patients who were “stabilized” at a small center then
transferred had worse outcomes and a higher death rate than patients
who bypassed their local ER and were brought directly to where they
could receive specialized care, for example. ( https://www.ncbi.nlm.nih.gov/m/pubmed/28615177/ ). Advanced care
paramedics need to be normalized in New Brunswick and supported to
make health care as safe as possible. I’ve never voted Conservative
but in this case Higgs’ government is doing absolutely the responsible
thing. We need to make sure they follow through with increased daytime
services.
David Amos
Content disabled
Reply to @SarahRose Werner: Methinks you must have read some of my
comments N'esy Pas?
David Amos
Reply to @SarahRose Werner: Hmmmm
Donald Smith
There has to be a reason, or reasons why NB Cannot attract them ???????
Mack Leigh
Reply to @Donald Smith: There definitely is however no one is allowed
to talk about the " Elephant " in the room.
Ian Scott
Reply to @Mack Leigh: Major centers are not really having that issue
except for OR constraints for time for some specialists and no beds
because of acute care bed blockers. Bathurst has excellent docs as
does Edmonston and they are better at language issues than the south.
Freddy and SJ and the Moncton centers also attract excellent staff.
Its in between that is the issue , and medicine has changed , as have
expectations and the standard of care. An ER is just that , all
comers, not a clinic. One has to meet rigid standards of care. And
those are hard to meet in 4k population or less towns and villages.
Aging issues are one of the biggest issues and its being met poorly.
Billing numbers are a thing of the past so not in the question. There
could certainly be some concern I suppose of young docs worried about
potential language issues but low.
Elaine MacDonald
Reply to @Ian Scott: What people seem to forget is that Sackville,
while a population of 5000 including Mt. Allison students, also
services Dorchester, Memramcook, Port Elgin, Murry Corner as well as
we get patients from the Cape like Cocagne, Cap Pele, Shediac. We've
had people from Moncton and surrounding area come to our hospital in
increasing numbers over the past two years, even as far as Anagance,
AND we get people from NS as well like River Hebert and Amherst. It
isn't just NB, but NS we serve too.
So no, we don't have a 4K or less patient possibility, we have much
more than that.
SarahRose Werner
Reply to @Elaine MacDonald: Then maybe NS would like to contribute
some money to pay for overnight service at the ER.
Terry Tibbs
Reply to @SarahRose Werner:
Don't you believe for a moment they don't.
Show an out of province medicare card at a NB hospital and the eyes
light up like a one armed bandit hitting a jackpot.
David Amos
Reply to @Donald Smith: Everybody knows the reasons
David Amos
Reply to @Mack Leigh: I do
Brian Robertson
This is just the logical next step in the deterioration of healthcare
under the thumb of a government administered monopoly.
When you have no money and no Doctors and costs are still increasing
because all your workers are members of public service unions that can
hold the public hostage; what else can happen?
The viability of single payer healthcare is based on the metering of
services in order to control costs.
Public needs and individual abilities to pay simply do not factor into
the equation.
Terry Tibbs
Reply to @Brian Robertson:
Hold the phone, Just STOP, and *think* for a moment, you have been
misdirected just like you are supposed to be.
EVERY other province, or territory, has "evil" union belonging health
professionals, this is not a NB only "thing".
We are supposed to be short of 100, maybe 200, health professionals
needed per capita (a different number pops out whenever those in
charge are asked).
We know the pay and benefits in NB are "short" hence the shortage of
health professionals.
Yet the cost of healthcare is higher (per capita) than every other
province, or territory.
So, either EVERYONE in NB is constantly sick, or the extra cost is
somewhere else other than with the health professionals.
I respectfully *think* you should be looking elsewhere.
Brian Robertson
Reply to @Terry Tibbs:
All Provincial healthcare systems are following the same pattern
decline; except possibly Quebec who enjoys a lucrative infusion of
Federal transfer payments annually. New Brunswick just seems to be
ahead of the curve in terms of declining services and wait times.
There is more than enough blame to go around for this spiral trip
around the drain. Yes, and that includes your healthcare
professionals.
David Amos
Reply to @Terry Tibbs: Methinks he knows you are correct Quebec is a
UNILINGUAL Province Hence its costs are less N'esy Pas?
John Pokiok
There you have it no Doctor wants to live in rural setting it's a hard
core fact.
Ian Scott
Reply to @John Pokiok: Thats not really true. Being an ER doc is a
different fish from a GP office setting. It requires an extension of
training.If you open an ER then you have every issue from Intubation
to trauma to poisoning, heart attack stroke, delivery etc. ER trained
docs are a separate entity . You are asking a GP to be everything and
have little backup and extended hours and then have a practice in the
community. It takes a serious block of staff to do this around the
clock. And to have surgical backups for obstetrics etc.And to then
live in communities with 4K people is not easy.
David Amos
Reply to @John Pokiok: Many do when they retire
Elaine MacDonald
Reply to @John Pokiok: And yet we just had *2* doctors from US
background move to Sackville to practice. It's not a matter of no
doctors wanting to move to rural areas.
David Amos
Reply to @Elaine MacDonald: Maybe they are willing to cover the midnight shift
---------- Forwarded message ----------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.fin@canada.ca>
Date: Thu, 9 Jan 2020 17:55:17 +0000
Subject: RE: YO Tom Freda Say Hey Sylvie Gadoury the General Counsel
of CBC for me will ya?
To: David Amos <david.raymond.amos333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
> ---------- 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
>
>
>> ---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>> To: coi@gnb.ca
>> Cc: david.raymond.amos@gmail.com
>>
>> Good Day Sir
>>
>> After I heard you speak on CBC I called your office again and managed
>> to speak to one of your staff for the first time
>>
>> Please find attached the documents I promised to send to the lady who
>> answered the phone this morning. Please notice that not after the Sgt
>> at Arms took the documents destined to your office his pal Tanker
>> Malley barred me in writing with an "English" only document.
>>
>> These are the hearings and the dockets in Federal Court that I
>> suggested that you study closely.
>>
>> This is the docket in Federal Court
>>
>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>
>> These are digital recordings of the last three hearings
>>
>> Dec 14th https://archive.org/details/BahHumbug
>>
>> January 11th, 2016 https://archive.org/details/Jan11th2015
>>
>> April 3rd, 2017
>>
>> https://archive.org/details/April32017JusticeLeblancHearing
>>
>>
>> This is the docket in the Federal Court of Appeal
>>
>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>
>>
>> The only hearing thus far
>>
>> May 24th, 2017
>>
>> https://archive.org/details/May24thHoedown
>>
>>
>> This Judge understnds the meaning of the word Integrity
>>
>> Date: 20151223
>>
>> Docket: T-1557-15
>>
>> Fredericton, New Brunswick, December 23, 2015
>>
>> PRESENT: The Honourable Mr. Justice Bell
>>
>> BETWEEN:
>>
>> DAVID RAYMOND AMOS
>>
>> Plaintiff
>>
>> and
>>
>> HER MAJESTY THE QUEEN
>>
>> Defendant
>>
>> ORDER
>>
>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>> December 14, 2015)
>>
>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>> in its entirety.
>>
>> At the outset of the hearing, the Plaintiff brought to my attention a
>> letter dated September 10, 2004, which he sent to me, in my then
>> capacity as Past President of the New Brunswick Branch of the Canadian
>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>> he stated:
>>
>> As for your past President, Mr. Bell, may I suggest that you check the
>> work of Frank McKenna before I sue your entire law firm including you.
>> You are your brother’s keeper.
>>
>> Frank McKenna is the former Premier of New Brunswick and a former
>> colleague of mine at the law firm of McInnes Cooper. In addition to
>> expressing an intention to sue me, the Plaintiff refers to a number of
>> people in his Motion Record who he appears to contend may be witnesses
>> or potential parties to be added. Those individuals who are known to
>> me personally, include, but are not limited to the former Prime
>> Minister of Canada, The Right Honourable Stephen Harper; former
>> Attorney General of Canada and now a Justice of the Manitoba Court of
>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>> former Director of Policing Services, the late Grant Garneau; former
>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>> Police.
>>
>> In the circumstances, given the threat in 2004 to sue me in my
>> personal capacity and my past and present relationship with many
>> potential witnesses and/or potential parties to the litigation, I am
>> of the view there would be a reasonable apprehension of bias should I
>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>> Committee for Justice and Liberty et al v National Energy Board et al,
>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>> allegations of bias. In the circumstances, although neither party has
>> requested I recuse myself, I consider it appropriate that I do so.
>>
>>
>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>> the Court schedule another date for the hearing of the motion. There
>> is no order as to costs.
>>
>> “B. Richard Bell”
>> Judge
>>
>>
>> Below after the CBC article about your concerns (I made one comment
>> already) you will find the text of just two of many emails I had sent
>> to your office over the years since I first visited it in 2006.
>>
>> I noticed that on July 30, 2009, he was appointed to the the Court
>> Martial Appeal Court of Canada Perhaps you should scroll to the
>> bottom of this email ASAP and read the entire Paragraph 83 of my
>> lawsuit now before the Federal Court of Canada?
>>
>> "FYI This is the text of the lawsuit that should interest Trudeau the
>> most
>>
>>
>> ---------- Original message ----------
>> From: justin.trudeau.a1@parl.gc.ca
>> Date: Thu, Oct 22, 2015 at 8:18 PM
>> Subject: Réponse automatique : RE My complaint against the CROWN in
>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>> submit a motion for a publication ban on my complaint trust that you
>> dudes are way past too late
>> To: david.raymond.amos@gmail.com
>>
>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
>> lalanthier@hotmail.com
>>
>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>> tommy.desfosses@parl.gc.ca
>>
>> Please note that I changed email address, you can reach me at
>> lalanthier@hotmail.com
>>
>> To reach the office of Mr. Trudeau please send an email to
>> tommy.desfosses@parl.gc.ca
>>
>> Thank you,
>>
>> Merci ,
>>
>>
>> http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>>
>>
>> 83. The Plaintiff states that now that Canada is involved in more war
>> in Iraq again it did not serve Canadian interests and reputation to
>> allow Barry Winters to publish the following words three times over
>> five years after he began his bragging:
>>
>> January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>
>> December 8, 2014
>> Why Canada Stood Tall!
>>
>> Friday, October 3, 2014
>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>> Stupid Justin Trudeau
>>
>> Canada’s and Canadians free ride is over. Canada can no longer hide
>> behind Amerka’s and NATO’s skirts.
>>
>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>> actually committed the Canadian Army to deploy in the second campaign
>> in Iraq, the Coalition of the Willing. This was against or contrary to
>> the wisdom or advice of those of us Canadian officers that were
>> involved in the initial planning phases of that operation. There were
>> significant concern in our planning cell, and NDHQ about of the dearth
>> of concern for operational guidance, direction, and forces for
>> operations after the initial occupation of Iraq. At the “last minute”
>> Prime Minister Chretien and the Liberal government changed its mind.
>> The Canadian government told our amerkan cousins that we would not
>> deploy combat troops for the Iraq campaign, but would deploy a
>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>> incompetence and stupidity, the Canadian Army was heroic,
>> professional, punched well above it’s weight, and the PPCLI Battle
>> Group, is credited with “saving Afghanistan” during the Panjway
>> campaign of 2006.
>>
>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>> Liberal Prime Minister Jean Chretien committed, and deployed the
>> Canadian army to Canada’s longest “war” without the advice, consent,
>> support, or vote of the Canadian Parliament.
>>
>> What David Amos and the rest of the ignorant, uneducated, and babbling
>> chattering classes are too addled to understand is the deployment of
>> less than 75 special operations troops, and what is known by planners
>> as a “six pac cell” of fighter aircraft is NOT the same as a
>> deployment of a Battle Group, nor a “war” make.
>>
>> The Canadian Government or The Crown unlike our amerkan cousins have
>> the “constitutional authority” to commit the Canadian nation to war.
>> That has been recently clearly articulated to the Canadian public by
>> constitutional scholar Phillippe Legasse. What Parliament can do is
>> remove “confidence” in The Crown’s Government in a “vote of
>> non-confidence.” That could not happen to the Chretien Government
>> regarding deployment to Afghanistan, and it won’t happen in this
>> instance with the conservative majority in The Commons regarding a
>> limited Canadian deployment to the Middle East.
>>
>> President George Bush was quite correct after 911 and the terror
>> attacks in New York; that the Taliban “occupied” and “failed state”
>> Afghanistan was the source of logistical support, command and control,
>> and training for the Al Quaeda war of terror against the world. The
>> initial defeat, and removal from control of Afghanistan was vital and
>>
>> P.S. Whereas this CBC article is about your opinion of the actions of
>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>> had my files for many years and the last thing they are is ethical.
>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>
>> Subject:
>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>> To: motomaniac_02186@yahoo.com
>>
>> January 30, 2007
>>
>> WITHOUT PREJUDICE
>>
>> Mr. David Amos
>>
>> Dear Mr. Amos:
>>
>> This will acknowledge receipt of a copy of your e-mail of December 29,
>> 2006 to Corporal Warren McBeath of the RCMP.
>>
>> Because of the nature of the allegations made in your message, I have
>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>> Graham of the RCMP “J” Division in Fredericton.
>>
>> Sincerely,
>>
>> Honourable Michael B. Murphy
>> Minister of Health
>>
>> CM/cb
>>
>>
>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>
>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>> motomaniac_02186@yahoo.com
>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.Foran@gnb.ca,
>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>> forgotten me but the crooks within the RCMP have not
>>
>> Dear Mr. Amos,
>>
>> Thank you for your follow up e-mail to me today. I was on days off
>> over the holidays and returned to work this evening. Rest assured I
>> was not ignoring or procrastinating to respond to your concerns.
>>
>> As your attachment sent today refers from Premier Graham, our position
>> is clear on your dead calf issue: Our forensic labs do not process
>> testing on animals in cases such as yours, they are referred to the
>> Atlantic Veterinary College in Charlottetown who can provide these
>> services. If you do not choose to utilize their expertise in this
>> instance, then that is your decision and nothing more can be done.
>>
>> As for your other concerns regarding the US Government, false
>> imprisonment and Federal Court Dates in the US, etc... it is clear
>> that Federal authorities are aware of your concerns both in Canada
>> the US. These issues do not fall into the purvue of Detachment
>> and policing in Petitcodiac, NB.
>>
>> It was indeed an interesting and informative conversation we had on
>> December 23rd, and I wish you well in all of your future endeavors.
>>
>> Sincerely,
>>
>> Warren McBeath, Cpl.
>> GRC Caledonia RCMP
>> Traffic Services NCO
>> Ph: (506) 387-2222
>> Fax: (506) 387-4622
>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>
>>
>>
>> Alexandre Deschênes, Q.C.,
>> Office of the Integrity Commissioner
>> Edgecombe House, 736 King Street
>> Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax: 506-444-5224
>> e-mail:coi@gnb.ca
>>
>
>
> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>
>> If want something very serious to download and laugh at as well Please
>> Enjoy and share real wiretap tapes of the mob
>>
>> http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-braz
>> ilian.html
>>
>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>
>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>
>>> http://www.youtube.com/watch?v=vugUalUO8YY
>>>
>>> What the hell does the media think my Yankee lawyer served upon the
>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>> cards?
>>>
>>> http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly200
>>> 6
>>>
>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>
>>> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>
>>> http://archive.org/details/Part1WiretapTape143
>>>
>>> FEDERAL EXPRES February 7, 2006
>>> Senator Arlen Specter
>>> United States Senate
>>> Committee on the Judiciary
>>> 224 Dirksen Senate Office Building
>>> Washington, DC 20510
>>>
>>> Dear Mr. Specter:
>>>
>>> I have been asked to forward the enclosed tapes to you from a man
>>> named, David Amos, a Canadian citizen, in connection with the matters
>>> raised in the attached letter.
>>>
>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>> tapes.
>>>
>>> I believe Mr. Amos has been in contact with you about this previously.
>>>
>>> Very truly yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508) 926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email: bbachrach@bowditch.com
>>>
>>
>
> http://davidraymondamos3.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html
>
>
> Sunday, 19 November 2017
> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
> The Supreme Court
>
> https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do
>
>
> Federal Court of Appeal Decisions
>
> Amos v. Canada
> Court (s) Database
>
> Federal Court of Appeal Decisions
> Date
>
> 2017-10-30
> Neutral citation
>
> 2017 FCA 213
> File numbers
>
> A-48-16
> Date: 20171030
>
> Docket: A-48-16
> Citation: 2017 FCA 213
> CORAM:
>
> WEBB J.A.
> NEAR J.A.
> GLEASON J.A.
>
>
> BETWEEN:
> DAVID RAYMOND AMOS
> Respondent on the cross-appeal
> (and formally Appellant)
> and
> HER MAJESTY THE QUEEN
> Appellant on the cross-appeal
> (and formerly Respondent)
> Heard at Fredericton, New Brunswick, on May 24, 2017.
> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
> REASONS FOR JUDGMENT BY:
>
> THE COURT
>
>
>
> Date: 20171030
>
> Docket: A-48-16
> Citation: 2017 FCA 213
> CORAM:
>
> WEBB J.A.
> NEAR J.A.
> GLEASON J.A.
>
>
> BETWEEN:
> DAVID RAYMOND AMOS
> Respondent on the cross-appeal
> (and formally Appellant)
> and
> HER MAJESTY THE QUEEN
> Appellant on the cross-appeal
> (and formerly Respondent)
> REASONS FOR JUDGMENT BY THE COURT
>
> I. Introduction
>
> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
> filed a 53-page Statement of Claim (the Claim) in Federal Court
> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
> in damages and a public apology from the Prime Minister and Provincial
> Premiers for being illegally barred from accessing parliamentary
> properties and seeks a declaration from the Minister of Public Safety
> that the Canadian Government will no longer allow the Royal Canadian
> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
> (Claim at para. 96).
>
> [2] On November 12, 2015 (Docket T-1557-15), by way of a
> motion brought by the Crown, a prothonotary of the Federal Court (the
> Prothonotary) struck the Claim in its entirety, without leave to
> amend, on the basis that it was plain and obvious that the Claim
> disclosed no reasonable claim, the Claim was fundamentally vexatious,
> and the Claim could not be salvaged by way of further amendment (the
> Prothontary’s Order).
>
>
> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
> Court (the Judge), reviewing the matter de novo, struck all of Mr.
> Amos’ claims for relief with the exception of the claim for damages
> for being barred by the RCMP from the New Brunswick legislature in
> 2004 (the Federal Court Judgment).
>
>
> [4] Mr. Amos appealed and the Crown cross-appealed the
> Federal Court Judgment. Further to the issuance of a Notice of Status
> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
> As such, the only matter before this Court is the Crown’s
> cross-appeal.
>
>
> II. Preliminary Matter
>
> [5] Mr. Amos, in his memorandum of fact and law in
> relation to the cross-appeal that was filed with this Court on March
> 6, 2017, indicated that several judges of this Court, including two of
> the judges of this panel, had a conflict of interest in this appeal.
> This was the first time that he identified the judges whom he believed
> had a conflict of interest in a document that was filed with this
> Court. In his notice of appeal he had alluded to a conflict with
> several judges but did not name those judges.
>
> [6] Mr. Amos was of the view that he did not have to
> identify the judges in any document filed with this Court because he
> had identified the judges in various documents that had been filed
> with the Federal Court. In his view the Federal Court and the Federal
> Court of Appeal are the same court and therefore any document filed in
> the Federal Court would be filed in this Court. This view is based on
> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
> c. F-7:
>
>
> 5(4) Every judge of the Federal Court is, by virtue of his or her
> office, a judge of the Federal Court of Appeal and has all the
> jurisdiction, power and authority of a judge of the Federal Court of
> Appeal.
> […]
>
> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
> les juges de la Cour d’appel fédérale.
> […]
> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
> that office, a judge of the Federal Court and has all the
> jurisdiction, power and authority of a judge of the Federal Court.
>
> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
> juges de la Cour fédérale.
>
>
> [7] However, these subsections only provide that the
> judges of the Federal Court are also judges of this Court (and vice
> versa). It does not mean that there is only one court. If the Federal
> Court and this Court were one Court, there would be no need for this
> section.
> [8] Sections 3 and 4 of the Federal Courts Act provide that:
> 3 The division of the Federal Court of Canada called the Federal Court
> — Appeal Division is continued under the name “Federal Court of
> Appeal” in English and “Cour d’appel fédérale” in French. It is
> continued as an additional court of law, equity and admiralty in and
> for Canada, for the better administration of the laws of Canada and as
> a superior court of record having civil and criminal jurisdiction.
>
> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
> français et « Federal Court of Appeal » en anglais. Elle est maintenue
> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
> Canada, propre à améliorer l’application du droit canadien, et
> continue d’être une cour supérieure d’archives ayant compétence en
> matière civile et pénale.
> 4 The division of the Federal Court of Canada called the Federal Court
> — Trial Division is continued under the name “Federal Court” in
> English and “Cour fédérale” in French. It is continued as an
> additional court of law, equity and admiralty in and for Canada, for
> the better administration of the laws of Canada and as a superior
> court of record having civil and criminal jurisdiction.
>
> 4 La section de la Cour fédérale du Canada, appelée la Section de
> première instance de la Cour fédérale, est maintenue et dénommée «
> Cour fédérale » en français et « Federal Court » en anglais. Elle est
> maintenue à titre de tribunal additionnel de droit, d’equity et
> d’amirauté du Canada, propre à améliorer l’application du droit
> canadien, et continue d’être une cour supérieure d’archives ayant
> compétence en matière civile et pénale.
>
>
> [9] Sections 3 and 4 of the Federal Courts Act create
> two separate courts – this Court (section 3) and the Federal Court
> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
> Court were automatically also filed in this Court, then there would no
> need for the parties to prepare and file appeal books as required by
> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
> to any appeal from a decision of the Federal Court. The requirement to
> file an appeal book with this Court in relation to an appeal from a
> decision of the Federal Court makes it clear that the only documents
> that will be before this Court are the documents that are part of that
> appeal book.
>
>
> [10] Therefore, the memorandum of fact and law filed on
> March 6, 2017 is the first document, filed with this Court, in which
> Mr. Amos identified the particular judges that he submits have a
> conflict in any matter related to him.
>
>
> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
> before the Federal Court seeking an order “affirming or denying the
> conflict of interest he has” with a number of judges of the Federal
> Court. A judge of the Federal Court issued a direction noting that if
> Mr. Amos was seeking this order in relation to judges of the Federal
> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
> Mr. Amos raised the Federal Court motion at the hearing of this
> cross-appeal. The Federal Court motion is not a motion before this
> Court and, as such, the submissions filed before the Federal Court
> will not be entertained. As well, since this was a motion brought
> before the Federal Court (and not this Court), any documents filed in
> relation to that motion are not part of the record of this Court.
>
>
> [12] During the hearing of the appeal Mr. Amos alleged that
> the third member of this panel also had a conflict of interest and
> submitted some documents that, in his view, supported his claim of a
> conflict. Mr. Amos, following the hearing of his appeal, was also
> afforded the opportunity to provide a brief summary of the conflict
> that he was alleging and to file additional documents that, in his
> view, supported his allegations. Mr. Amos submitted several pages of
> documents in relation to the alleged conflicts. He organized the
> documents by submitting a copy of the biography of the particular
> judge and then, immediately following that biography, by including
> copies of the documents that, in his view, supported his claim that
> such judge had a conflict.
>
>
> [13] The nature of the alleged conflict of Justice Webb is
> that before he was appointed as a Judge of the Tax Court of Canada in
> 2006, he was a partner with the law firm Patterson Law, and before
> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
> had a number of disputes with Patterson Palmer and Patterson Law and
> therefore Justice Webb has a conflict simply because he was a partner
> of these firms. Mr. Amos is not alleging that Justice Webb was
> personally involved in or had any knowledge of any matter in which Mr.
> Amos was involved with Justice Webb’s former law firm – only that he
> was a member of such firm.
>
>
> [14] During his oral submissions at the hearing of his
> appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
> focused on dealings between himself and a particular lawyer at
> Patterson Law. However, none of the documents submitted by Mr. Amos at
> the hearing or subsequently related to any dealings with this
> particular lawyer nor is it clear when Mr. Amos was dealing with this
> lawyer. In particular, it is far from clear whether such dealings were
> after the time that Justice Webb was appointed as a Judge of the Tax
> Court of Canada over 10 years ago.
>
>
> [15] The documents that he submitted in relation to the
> alleged conflict for Justice Webb largely relate to dealings between
> Byron Prior and the St. John’s Newfoundland and Labrador office of
> Patterson Palmer, which is not in the same province where Justice Webb
> practiced law. The only document that indicates any dealing between
> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
> who was a partner in the St. John’s NL office of Patterson Palmer. The
> affidavit is dated January 24, 2005 and refers to a number of e-mails
> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
> letter that is addressed to four individuals, one of whom is John
> Crosbie who was counsel to the St. John’s NL office of Patterson
> Palmer. The letter is dated September 2, 2004 and is addressed to
> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
> possible lawsuit against Patterson Palmer.
> [16] Mr. Amos’ position is that simply because Justice Webb
> was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
> 259, the Supreme Court of Canada noted that disqualification of a
> judge is to be determined based on whether there is a reasonable
> apprehension of bias:
> 60 In Canadian law, one standard has now emerged as the
> criterion for disqualification. The criterion, as expressed by de
> Grandpré J. in Committee for Justice and Liberty v. National Energy
> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
> reasonable apprehension of bias:
> … the apprehension of bias must be a reasonable one, held by
> reasonable and right minded persons, applying themselves to the
> question and obtaining thereon the required information. In the words
> of the Court of Appeal, that test is "what would an informed person,
> viewing the matter realistically and practically -- and having thought
> the matter through -- conclude. Would he think that it is more likely
> than not that [the decision-maker], whether consciously or
> unconsciously, would not decide fairly."
>
> [17] The issue to be determined is whether an informed
> person, viewing the matter realistically and practically, and having
> thought the matter through, would conclude that Mr. Amos’ allegations
> give rise to a reasonable apprehension of bias. As this Court has
> previously remarked, “there is a strong presumption that judges will
> administer justice impartially” and this presumption will not be
> rebutted in the absence of “convincing evidence” of bias (Collins v.
> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
> (4th) 193).
>
> [18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
> Court of Canada refused, 32285 (August 1, 2007)), addressed the
> particular issue of whether a judge is disqualified from hearing a
> case simply because he had been a member of a law firm that was
> involved in the litigation that was now before that judge. The Ontario
> Court of Appeal determined that the judge was not disqualified if the
> judge had no involvement with the person or the matter when he was a
> lawyer. The Ontario Court of Appeal also explained that the rules for
> determining whether a judge is disqualified are different from the
> rules to determine whether a lawyer has a conflict:
> 27 Thus, disqualification is not the natural corollary to a
> finding that a trial judge has had some involvement in a case over
> which he or she is now presiding. Where the judge had no involvement,
> as here, it cannot be said that the judge is disqualified.
>
>
> 28 The point can rightly be made that had Mr. Patterson been
> asked to represent the appellant as counsel before his appointment to
> the bench, the conflict rules would likely have prevented him from
> taking the case because his firm had formerly represented one of the
> defendants in the case. Thus, it is argued how is it that as a trial
> judge Patterson J. can hear the case? This issue was considered by the
> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
> there is no inflexible rule governing the disqualification of a judge
> and that, "[e]verything depends on the circumstances."
>
>
> 29 It seems to me that what appears at first sight to be an
> inconsistency in application of rules can be explained by the
> different contexts and in particular, the strong presumption of
> judicial impartiality that applies in the context of disqualification
> of a judge. There is no such presumption in cases of allegations of
> conflict of interest against a lawyer because of a firm's previous
> involvement in the case. To the contrary, as explained by Sopinka J.
> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
> for sound policy reasons there is a presumption of a disqualifying
> interest that can rarely be overcome. In particular, a conclusory
> statement from the lawyer that he or she had no confidential
> information about the case will never be sufficient. The case is the
> opposite where the allegation of bias is made against a trial judge.
> His or her statement that he or she knew nothing about the case and
> had no involvement in it will ordinarily be accepted at face value
> unless there is good reason to doubt it: see Locabail, at para. 19.
>
>
> 30 That brings me then to consider the particular circumstances
> of this case and whether there are serious grounds to find a
> disqualifying conflict of interest in this case. In my view, there are
> two significant factors that justify the trial judge's decision not to
> recuse himself. The first is his statement, which all parties accept,
> that he knew nothing of the case when it was in his former firm and
> that he had nothing to do with it. The second is the long passage of
> time. As was said in Wewaykum, at para. 85:
> To us, one significant factor stands out, and must inform
> the perspective of the reasonable person assessing the impact of this
> involvement on Binnie J.'s impartiality in the appeals. That factor is
> the passage of time. Most arguments for disqualification rest on
> circumstances that are either contemporaneous to the decision-making,
> or that occurred within a short time prior to the decision-making.
> 31 There are other factors that inform the issue. The Wilson
> Walker firm no longer acted for any of the parties by the time of
> trial. More importantly, at the time of the motion, Patterson J. had
> been a judge for six years and thus had not had a relationship with
> his former firm for a considerable period of time.
>
>
> 32 In my view, a reasonable person, viewing the matter
> realistically would conclude that the trial judge could deal fairly
> and impartially with this case. I take this view principally because
> of the long passage of time and the trial judge's lack of involvement
> in or knowledge of the case when the Wilson Walker firm had carriage.
> In these circumstances it cannot be reasonably contended that the
> trial judge could not remain impartial in the case. The mere fact that
> his name appears on the letterhead of some correspondence from over a
> decade ago would not lead a reasonable person to believe that he would
> either consciously or unconsciously favour his former firm's former
> client. It is simply not realistic to think that a judge would throw
> off his mantle of impartiality, ignore his oath of office and favour a
> client - about whom he knew nothing - of a firm that he left six years
> earlier and that no longer acts for the client, in a case involving
> events from over a decade ago.
> (emphasis added)
>
> [19] Justice Webb had no involvement with any matter
> involving Mr. Amos while he was a member of Patterson Palmer or
> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
> clear during the hearing of this matter that the only reason for the
> alleged conflict for Justice Webb was that he was a member of
> Patterson Law and Patterson Palmer. This is simply not enough for
> Justice Webb to be disqualified. Any involvement of Mr. Amos with
> Patterson Law while Justice Webb was a member of that firm would have
> had to occur over 10 years ago and even longer for the time when he
> was a member of Patterson Palmer. In addition to the lack of any
> involvement on his part with any matter or dispute that Mr. Amos had
> with Patterson Law or Patterson Palmer (which in and of itself is
> sufficient to dispose of this matter), the length of time since
> Justice Webb was a member of Patterson Law or Patterson Palmer would
> also result in the same finding – that there is no conflict in Justice
> Webb hearing this appeal.
>
> [20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
> (2d) 260, the Manitoba Court of Appeal found that there was no
> reasonable apprehension of bias when a judge, who had been a member of
> the law firm that had been retained by the accused, had no involvement
> with the accused while he was a lawyer with that firm.
>
> [21] In Del Zotto v. Minister of National Revenue, [2000] 4
> F.C. 321, 257 N.R. 96, this court did find that there would be a
> reasonable apprehension of bias where a judge, who while he was a
> lawyer, had recorded time on a matter involving the same person who
> was before that judge. However, this case can be distinguished as
> Justice Webb did not have any time recorded on any files involving Mr.
> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
>
> [22] Mr. Amos also included with his submissions a CD. He
> stated in his affidavit dated June 26, 2017 that there is a “true copy
> of an American police surveillance wiretap entitled 139” on this CD.
> He has also indicated that he has “provided a true copy of the CD
> entitled 139 to many American and Canadian law enforcement authorities
> and not one of the police forces or officers of the court are willing
> to investigate it”. Since he has indicated that this is an “American
> police surveillance wiretap”, this is a matter for the American law
> enforcement authorities and cannot create, as Mr. Amos suggests, a
> conflict of interest for any judge to whom he provides a copy.
>
> [23] As a result, there is no conflict or reasonable
> apprehension of bias for Justice Webb and therefore, no reason for him
> to recuse himself.
>
> [24] Mr. Amos alleged that Justice Near’s past professional
> experience with the government created a “quasi-conflict” in deciding
> the cross-appeal. Mr. Amos provided no details and Justice Near
> confirmed that he had no prior knowledge of the matters alleged in the
> Claim. Justice Near sees no reason to recuse himself.
>
> [25] Insofar as it is possible to glean the basis for Mr.
> Amos’ allegations against Justice Gleason, it appears that he alleges
> that she is incapable of hearing this appeal because he says he wrote
> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
> both Justice Gleason and Mr. Mulroney were partners in the law firm
> Ogilvy Renault, LLP. The letter in question, which is rude and angry,
> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
> you and your little dogs too”. There is no indication that the letter
> was ever responded to or that a law suit was ever commenced by Mr.
> Amos against Mr. Mulroney. In the circumstances, there is no reason
> for Justice Gleason to recuse herself as the letter in question does
> not give rise to a reasonable apprehension of bias.
>
>
> III. Issue
>
> [26] The issue on the cross-appeal is as follows: Did the
> Judge err in setting aside the Prothonotary’s Order striking the Claim
> in its entirety without leave to amend and in determining that Mr.
> Amos’ allegation that the RCMP barred him from the New Brunswick
> legislature in 2004 was capable of supporting a cause of action?
>
> IV. Analysis
>
> A. Standard of Review
>
> [27] Following the Judge’s decision to set aside the
> Prothonotary’s Order, this Court revisited the standard of review to
> be applied to discretionary decisions of prothonotaries and decisions
> made by judges on appeals of prothonotaries’ decisions in Hospira
> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
> this Court replaced the Aqua-Gem standard of review with that
> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
> [Housen]. As a result, it is no longer appropriate for the Federal
> Court to conduct a de novo review of a discretionary order made by a
> prothonotary in regard to questions vital to the final issue of the
> case. Rather, a Federal Court judge can only intervene on appeal if
> the prothonotary made an error of law or a palpable and overriding
> error in determining a question of fact or question of mixed fact and
> law (Hospira at para. 79). Further, this Court can only interfere with
> a Federal Court judge’s review of a prothonotary’s discretionary order
> if the judge made an error of law or palpable and overriding error in
> determining a question of fact or question of mixed fact and law
> (Hospira at paras. 82-83).
>
> [28] In the case at bar, the Judge substituted his own
> assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
> must look to the Prothonotary’s Order to determine whether the Judge
> erred in law or made a palpable and overriding error in choosing to
> interfere.
>
>
> B. Did the Judge err in interfering with the
> Prothonotary’s Order?
>
> [29] The Prothontoary’s Order accepted the following
> paragraphs from the Crown’s submissions as the basis for striking the
> Claim in its entirety without leave to amend:
>
> 17. Within the 96 paragraph Statement of Claim, the Plaintiff
> addresses his complaint in paragraphs 14-24, inclusive. All but four
> of those paragraphs are dedicated to an incident that occurred in 2006
> in and around the legislature in New Brunswick. The jurisdiction of
> the Federal Court does not extend to Her Majesty the Queen in right of
> the Provinces. In any event, the Plaintiff hasn’t named the Province
> or provincial actors as parties to this action. The incident alleged
> does not give rise to a justiciable cause of action in this Court.
> (…)
>
>
> 21. The few paragraphs that directly address the Defendant
> provide no details as to the individuals involved or the location of
> the alleged incidents or other details sufficient to allow the
> Defendant to respond. As a result, it is difficult or impossible to
> determine the causes of action the Plaintiff is attempting to advance.
> A generous reading of the Statement of Claim allows the Defendant to
> only speculate as to the true and/or intended cause of action. At
> best, the Plaintiff’s action may possibly be summarized as: he
> suspects he is barred from the House of Commons.
> [footnotes omitted].
>
>
> [30] The Judge determined that he could not strike the Claim
> on the same jurisdictional basis as the Prothonotary. The Judge noted
> that the Federal Court has jurisdiction over claims based on the
> liability of Federal Crown servants like the RCMP and that the actors
> who barred Mr. Amos from the New Brunswick legislature in 2004
> included the RCMP (Federal Court Judgment at para. 23). In considering
> the viability of these allegations de novo, the Judge identified
> paragraph 14 of the Claim as containing “some precision” as it
> identifies the date of the event and a RCMP officer acting as
> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
> para. 27).
>
>
> [31] The Judge noted that the 2004 event could support a
> cause of action in the tort of misfeasance in public office and
> identified the elements of the tort as excerpted from Meigs v. Canada,
> 2013 FC 389, 431 F.T.R. 111:
>
>
> [13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
> determine whether the plaintiffs’ statement of claim pleads each
> element of the alleged tort of misfeasance in public office:
>
> a) The public officer must have engaged in deliberate and unlawful
> conduct in his or her capacity as public officer;
>
> b) The public officer must have been aware both that his or her
> conduct was unlawful and that it was likely to harm the plaintiff; and
>
> c) There must be an element of bad faith or dishonesty by the public
> officer and knowledge of harm alone is insufficient to conclude that a
> public officer acted in bad faith or dishonestly.
> Odhavji, above, at paras 23, 24 and 28
> (Federal Court Judgment at para. 28).
>
> [32] The Judge determined that Mr. Amos disclosed sufficient
> material facts to meet the elements of the tort of misfeasance in
> public office because the actors, who barred him from the New
> Brunswick legislature in 2004, including the RCMP, did so for
> “political reasons” (Federal Court Judgment at para. 29).
>
> [33] This Court’s discussion of the sufficiency of pleadings
> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
> D.L.R (4th) 301 is particularly apt:
>
> …When pleading bad faith or abuse of power, it is not enough to
> assert, baldly, conclusory phrases such as “deliberately or
> negligently,” “callous disregard,” or “by fraud and theft did steal”.
> “The bare assertion of a conclusion upon which the court is called
> upon to pronounce is not an allegation of material fact”. Making bald,
> conclusory allegations without any evidentiary foundation is an abuse
> of process…
>
> To this, I would add that the tort of misfeasance in public office
> requires a particular state of mind of a public officer in carrying
> out the impunged action, i.e., deliberate conduct which the public
> officer knows to be inconsistent with the obligations of his or her
> office. For this tort, particularization of the allegations is
> mandatory. Rule 181 specifically requires particularization of
> allegations of “breach of trust,” “wilful default,” “state of mind of
> a person,” “malice” or “fraudulent intention.”
> (at paras. 34-35, citations omitted).
>
> [34] Applying the Housen standard of review to the
> Prothonotary’s Order, we are of the view that the Judge interfered
> absent a legal or palpable and overriding error.
>
> [35] The Prothonotary determined that Mr. Amos’ Claim
> disclosed no reasonable claim and was fundamentally vexatious on the
> basis of jurisdictional concerns and the absence of material facts to
> ground a cause of action. Paragraph 14 of the Claim, which addresses
> the 2004 event, pleads no material facts as to how the RCMP officer
> engaged in deliberate and unlawful conduct, knew that his or her
> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
> faith. While the Claim alleges elsewhere that Mr. Amos was barred from
> the New Brunswick legislature for political and/or malicious reasons,
> these allegations are not particularized and are directed against
> non-federal actors, such as the Sergeant-at-Arms of the Legislative
> Assembly of New Brunswick and the Fredericton Police Force. As such,
> the Judge erred in determining that Mr. Amos’ allegation that the RCMP
> barred him from the New Brunswick legislature in 2004 was capable of
> supporting a cause of action.
>
> [36] In our view, the Claim is made up entirely of bare
> allegations, devoid of any detail, such that it discloses no
> reasonable cause of action within the jurisdiction of the Federal
> Courts. Therefore, the Judge erred in interfering to set aside the
> Prothonotary’s Order striking the claim in its entirety. Further, we
> find that the Prothonotary made no error in denying leave to amend.
> The deficiencies in Mr. Amos’ pleadings are so extensive such that
> amendment could not cure them (see Collins at para. 26).
>
> V. Conclusion
> [37] For the foregoing reasons, we would allow the Crown’s
> cross-appeal, with costs, setting aside the Federal Court Judgment,
> dated January 25, 2016 and restoring the Prothonotary’s Order, dated
> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
> without leave to amend.
> "Wyman W. Webb"
> J.A.
> "David G. Near"
> J.A.
> "Mary J.L. Gleason"
> J.A.
>
>
>
> FEDERAL COURT OF APPEAL
> NAMES OF COUNSEL AND SOLICITORS OF RECORD
>
> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
> DOCKET:
>
> A-48-16
>
>
>
> STYLE OF CAUSE:
>
> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
>
>
>
> PLACE OF HEARING:
>
> Fredericton,
> New Brunswick
>
> DATE OF HEARING:
>
> May 24, 2017
>
> REASONS FOR JUDGMENT OF THE COURT BY:
>
> WEBB J.A.
> NEAR J.A.
> GLEASON J.A.
>
> DATED:
>
> October 30, 2017
>
> APPEARANCES:
> David Raymond Amos
>
>
> For The Appellant / respondent on cross-appeal
> (on his own behalf)
>
> Jan Jensen
>
>
> For The Respondent / appELLANT ON CROSS-APPEAL
>
> SOLICITORS OF RECORD:
> Nathalie G. Drouin
> Deputy Attorney General of Canada
>
> For The Respondent / APPELLANT ON CROSS-APPEAL
>
Thomas Soucy says he paid for the $600 ticket used by Dr. France Desrosiers. (Bernard Lebel/Radio-Canada)
In 2012, the then-CEO of Horizon Health, Donn Peters, publicly apologized after buying 10 tickets to a PC fundraising dinner. (.)
The dinner included speeches from both Premier Blaine Higgs and Conservative Party of Canada Leader Pierre Poilievre. (Blaine Higgs/X)
No comments:
Post a Comment