Refugee claimants 'political pawns' in N.B.-federal fight, advocates say
Federal minister says province could get more immigration spots if it’s ‘responsible’ on asylum seekers
Refugee advocates say that people fleeing desperate situations in their home countries are being turned into pawns in an immigration fight between the federal government and New Brunswick.
Ottawa slashed New Brunswick's allocation of so-called economic migrants in half earlier this month.
But the federal minister is offering to be flexible on those numbers with provinces willing to accommodate more asylum seekers while they apply for refugee status.
"Refugee claimants are yet again being used as a political pawn in conversations between different levels of government in our favourite Canadian game of jurisdictional hockey," said Aditya Rao, a founding board member of the Madhu Verma Migrant Justice Centre.
Last week's comments by federal Immigration Minister Marc Miller were "not necessarily the most productive way to talk about how we support refugee claimants," said Olivia Huynh, executive director of the Moncton-based New Brunswick Refugee Clinic.
"The conversation should really be about how do we provide people with the supports they need wherever they are in Canada, and not about exchanging refugee claimants for [Provincial Nominee Program] spots," she said.
Aditya
Rao, a board member of the Madhu Verma Migrant Justice Centre, says
Canada has obligations under international agreements that all levels of
government must respect. (Matthew Liteplo/Submitted by Aditya Rao)
While the federal government oversees immigration overall, it allocates some spots to provinces that they can use choose people for their job skills or because they can fill labour vacancies in some sectors.
Earlier this month, Miller cut New Brunswick's allocations in half in two such programs, the Provincial Nominee Program and the Atlantic Immigration Program.
Advocates say asylum seekers are pawns in N.B. immigration fight with fedsIn Ottawa last Friday, Miller said he could increase the numbers for provinces "that are willing to be responsible about taking on their fair share of asylum seekers."
The federal government has been looking for ways to help Ontario and Quebec cope with the disproportionate share of asylum seekers in those provinces by asking other provinces to accommodate more of them.
Last September, then-premier Blaine Higgs claimed Miller was trying to force New Brunswick to accept 4,600 claimants — beyond the province's ability to handle, he said.
Miller said at the time that Ottawa would provide funding and denounced Higgs's comments as "largely fictitious," though a federal document provided by Higgs included that figure.
Former
premier Blaine Higgs made comments last September accusing the federal
government of forcing the province to take in 4,600 asylum seekers. (Ed Hunter/CBC)
The federal minister said last Friday that "a number of premiers have been irresponsible" and had "weaponized" the asylum seekers request, "whether it's for their own leadership campaigns or the elections that have been had over the last few months."
He did not mention Higgs specifically.
When Higgs made his comments last year, Susan Holt, then-leader of Liberals, said the PC leader was "trying to create division and fear … while playing politics with the lives of vulnerable people."
Now that Holt is in power, her provincial immigration minister, Jean-Claude D'Amours, has appeared cool to a deal with Miller on asylum seekers.
"We need to look at our capacity to have more people," he told CBC's Information Morning Moncton last week.
"At this time, what we are looking [at], and our need, it's really to have economic immigrants, and making sure that when we have someone in the province, it is to work in a field where we are in need."
Jean-Claude
D'Amours, New Brunswick's immigration minister, says the province is
trying to be make sure that immigrants are able to work critical jobs in
the region. (Honorine Ngountchoup/Radio-Canada)
A spokesperson for D'Amours said in response to Miller's comments last Friday that discussions are "ongoing" with Ottawa.
"While we wait to fully understand the federal government's proposal, it would be premature to offer any comment," Paul Bradley said in an emailed statement.
The back-and-forth is dismaying for the advocates who try to support refugee claimants.
"Some premiers think that they have the power to say they will accept no refugee claimants — which they don't have the power to do — and we have a federal government that thinks this is a chip they can use in larger political game," Rao said.
Huynh said it's easy to forget during political fights that the debate is about victims of torture, war, family and gender-based violence seeking a better life in Canada — and who are at risk if their refugee claims are not successful.
"It can be possible to lose sight of the fact that we are dealing with individuals and families who have experienced these really traumatic situations."
Rao and Huynh both said that any federal-provincial deal to have New Brunswick accept more asylum seekers would be moot, because the claimants are free to relocate to other provinces while their applications are adjudicated.
Often they move because they're able to find better support in larger centres, Rao said.
When
Higgs made his comments last year, Susan Holt, then-leader of Liberals,
said the PC leader was 'trying to create division and fear … while
playing politics with the lives of vulnerable people.' (Patrick Lacelle/Radio-Canada)
Huynh said her clinic in Moncton is able to meet the demand for legal aid services for the refugee claim process at current levels.
And it can meet even more demand provided it gets advance notice, accurate information about numbers and other key information, such as which languages the claimants speak, she added.
"I think it's unfortunate that the discussion about how we support refugee claimants has been tied to the PNP because they're two completely different streams of immigration," she said.
Rao said Canada has obligations under international agreements that all levels of government must respect.
"It's a less a question of who's right and more of a question of what's right?" he said.
"Refugee claimants have become a new political football, as if they are some sort of burden to be shared rather than a responsibility we have to protect."
ABOUT THE AUTHOR
https://www2.gnb.ca/content/gnb/en/contacts/contacts_renderer.221227.html
HON. JEAN-CLAUDE D'AMOURS (L)
Minister
https://nbliberal.ca/team-member/jean-claude-jc-damours/
Hon. Jean-Claude “JC” D’Amours
Edmundston-Vallée-des-Rivières
Minister of Intergovernmental Affairs, Minister responsible for Immigration and Military Affairs
—
Jean-Claude (J.C.) D’Amours was
elected on September 24, 2018, as the member for the
Edmundston-Madawaska Centre riding. As a Liberal Member of the
Legislative Assembly, he was selected to serve in the shadow cabinet as
Health Critic.
Although
this is his first mandate as an MLA, Mr. D’Amours has been in politics
for many years. From 1998 to 2004, he served as a city councillor in
Edmundston. In 2004, he was elected as Member of Parliament for the
Madawaska-Restigouche riding. He was re-elected in 2006 and again in
2008. During those years, he served as the Official Opposition Critic
for National Revenue Canada, the Atlantic Canada Opportunities Agency,
the Atlantic Gateway, and Official Languages. He also served on many
committees.
Besides
being an active member of his party, Mr. D’Amours also holds various
positions on boards and participates in organizations and events in his
community. Among other things, he has been Vice Chair of the
northwestern region for the Tree of Hope provincial campaign and member
of the Boards of Directors of Alianco and the Atelier des Copains, and
has chaired and co-chaired the organizing committee for the Salon du
livre in Edmundston.
Mr.
D’Amours has extensive professional experience, including as Business
Development Manager at the Business Development Bank of Canada, from
2000 to 2004, and Regional Director at Brunswick News, beginning in
2011.
He
received a Bachelor of Arts in multidisciplinary studies (political
science and management) in 1997 and a Bachelor of Commerce (management
and accounting) in 1998. He also holds diplomas in accounting and
management.
Mr. D’Amours lives in Edmundston with his wife, Hélène, and two daughters, Émilie and Alexandra.
Contact
jean-claude.d'amours@gnb.ca
PAUL BRADLEY
Director of Communications
Contact Information
Phone : (506) 440-7416
Fax : (506) 453-3618
Email : Paul.Bradley@gnb.ca
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Mar 19, 2024 at 8:46 AM
Subject: Fwd: FW: Where does she (really) stand?
To: blaine.higgs <blaine.higgs@gnb.ca>, Holland, Mike (LEG) <mike.holland@gnb.ca>, Mitton, Megan (LEG) <megan.mitton@gnb.ca>, David.Coon <David.Coon@gnb.ca>, keith.chiasson <keith.chiasson@gnb.ca>, jacques.j.leblanc <jacques.j.leblanc@gnb.ca>, jean-claude.d'amours <jean-claude.d'amours@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>, robert.gauvin <robert.gauvin@gnb.ca>, Mark.Blakely <Mark.Blakely@rcmp-grc.gc.ca>, martin.gaudet <martin.gaudet@fredericton.ca>, premier <premier@gnb.ca>, Dominic.Cardy <dominic.cardy@gnb.ca>, Arseneau, Kevin (LEG) <kevin.a.arseneau@gnb.ca>, Ross.Wetmore <Ross.Wetmore@gnb.ca>, John.Williamson <John.Williamson@parl.gc.ca>, rob.moore <rob.moore@parl.gc.ca>, Bill.Oliver <Bill.Oliver@gnb.ca>, Trevor.Holder <Trevor.Holder@gnb.ca>, jeff.carr <jeff.carr@gnb.ca>, Daniel.J.Allain <Daniel.J.Allain@gnb.ca>, Dorothy.Shephard <Dorothy.Shephard@gnb.ca>, andrea.anderson-mason <andrea.anderson-mason@gnb.ca>, Susan.Holt <susan.holt@gnb.ca>, ltgov <LTgov@gnb.ca>, bruce.fitch <bruce.fitch@gnb.ca>, Benoit.Bourque <Benoit.Bourque@gnb.ca>, Rene.Legacy <Rene.Legacy@gnb.ca>, guy.arseneault <guy.arseneault@gnb.ca>, chuck.chiasson <chuck.chiasson@gnb.ca>, Robert. Jones <Robert.Jones@cbc.ca>
Perhaps Madame Holt should ask Minister Mikey about what went down in the EUB on or about the Ides of March???
https://davidraymondamos3.
Sent: Monday, March 18, 2024 2:39:09 PM
To: A Buddy
Subject: Where does she (really) stand?
|
|
https://davidraymondamos3.blogspot.com/2025/01/nb-premier-responds-to-trudeaus-plan-to.html
N.B. Liberals relieved by Trudeau's departure announcement
Premier says resignation chance for ‘reset,’ while MP says gives federal party better chance in next election
Two high-profile New Brunswick Liberals expressed relief Monday that Prime Minister Justin Trudeau will leave politics rather than fight a federal election expected this year.
Premier Susan Holt, who has kept her political distance from the federal Liberal prime minister, said Trudeau's departure is a chance for the country to move on.
"I think it's become clear that the government hasn't been working the way that it should, both in the House of Commons and within the government ranks. It felt like progress had stalled and the ability to move forward wasn't there anymore," she said.
"I think Canadians have expressed that it's time for a refresh, and a reset, and a new direction, so I think this is the right decision for the prime minister to have made."
Premier Susan Holt, who kept her distance politically from Trudeau,
said his decision on Monday was the right one to make. (Michael
Heenan/CBC)
Saint John-Rothesday Liberal MP Wayne Long, among the first of the party's members to openly call for Trudeau to leave last summer, said it was not a day for celebration or vindication.
"Honestly, it's a day of reflection of all the great things Justin Trudeau has done for this country, and honestly a day of sadness that we actually had to get to this point," said Long, who was first elected as part of the Trudeau wave in the 2015 election.
Trudeau’s departure a relief to N.B. LiberalsThe prime minister said Monday that he would resign as federal Liberal leader and prime minister after the party chooses a new leader.
He also said the Governor General had granted his request to prorogue Parliament until March 24 to allow that process to unfold.
Trudeau's government is far behind the federal Conservatives in polls of Canadians' voting intentions, and the Liberals lost a string of byelections last year.
Long said while it would have been better if Trudeau had quit earlier, "today is day one of the Liberal rebuild. We have a way better chance of winning the election than we did two hours ago."
Wayne Long, MP for Saint John-Rothesay, was one of the first from the
Liberal caucus to call for Trudeau to step down as leader. (Michael
Hawkins/The Canadian Press)
He said, however, the party has to re-examine some of its policies, including its carbon tax system, and move back to the political centre.
After Holt's decisive provincial election win in October, Trudeau quickly sought a meeting in Fredericton where he shared a news conference with the new premier.
They discussed potential federal-provincial agreements on health care, housing and free school meals.
"New Brunswick has had certainly, lately, a sense of collaboration and an openness from the ministers and the staff to respond to the priorities we've expressed, and I hope that that remains consistent with whomever comes next," Holt said.
Beauséjour Liberal MP Dominic LeBlanc, who became Trudeau's finance minister in December after Chrystia Freeland's resignation, is among the federal party members seen as a potential replacement for Trudeau.
"Having someone who knows our province well, who's been known to fight for our interests, is really appealing," said Holt, adding she would likely not officially endorse any federal leadership candidate.
Long agreed that LeBlanc is "a natural leader" and would be great as a replacement, but also wouldn't officially back him.
ABOUT THE AUTHOR
Beauséjour Liberal MP Dominic LeBlanc, who became Trudeau's finance minister in December after Chrystia Freeland's resignation, is among the federal party members seen as a potential replacement for Trudeau.
"Having someone who knows our province well, who's been known to fight for our interests, is really appealing," said Holt, adding she would likely not officially endorse any federal leadership candidate.
Long agreed that LeBlanc is "a natural leader" and would be great as a replacement, but also wouldn't officially back him."
Surprise Surprise Surprise
Reply to David Amos
Would be like endorsing Trudeau all over again. They are as close as brothers.
William Murdoch
Reply to Horst Harvey
Wait a minute. I need to look up the word "libations".
https://lop.parl.ca/sites/ParlInfo/default/en_CA/People/Profile?personId=18600
House of Commons 2021
The Hon. Marc Miller, P.C., M.P.
- Current Member of The House of Commons - Ville-Marie--Le Sud-Ouest--Île-des-Soeurs
- legal expert
- French, English
- 3391 days [ 9 year(s), 3 month(s), 13 day(s) ]
- (2015-10-19 - )
- 3391 days [ 9 year(s), 3 month(s), 13 day(s) ]
Parliamentary Address
Ottawa, Ontario
K1A 0A6
Fax 613-995-6404
Email: Marc.Miller@parl.gc.ca
https://pps.parl.ca/Contact%20us/
Contact us at Parliamentary Protective Service by phone 613-995-4300 or by email communications@pps-spp.parl.gc.ca.
https://nbrc-crnb.ca/our-team-2/
https://www.madhucentre.ca/contact-us
Email info@madhucentre.ca or leave a message at 1 506 300-3087
Media release January 7, 2021
The New Brunswick Energy and Utilities Board has received an
application from Irving Oil requesting an interim increase to the
wholesale margins for motor fuels and furnace oil of $0.035/litre, as
well as a final order increasing the wholesale margin for motor fuels
from $0.0651/litre to $0.1054/litre and an increase to the wholesale
margin for furnace oil from $0.055/litre to $0.0963/litre.
The Board has set a pre-hearing conference for Monday, January 25 at
9:30 a.m. for the Board to consider the following:
a. Minimum Filing Requirements;
b. The specific process that will be used by the Board to consider
this application;
c. An appropriate filing schedule;
d. Intervenor Requests;
e. Irving Oil’s request for an interim order under section 40 of the
EUB Act, including any written or oral submission of approved
Intervenors; and,
f. Any other relevant issue.
The pre-hearing conference will be held via the Zoom Web Conference
platform. Interested parties can visit the Board’s website at
www.nbeub.ca for details on how to request to intervene.
The application and related documents can be viewed at www.nbeub.ca by
searching Matter number 486.
The Board’s proceedings are open the general public to attend and
observe, and as such, the Board invites any person or organization
interested in observing the proceedings to contact the Board at
general@nbeub.ca to obtain the sign-in information for any of the
upcoming hearings.
For more information contact:
Kathleen Mitchell
506-658-2504
VIA EMAIL
January 19, 2021
Kathleen Mitchell, Chief Clerk
New Brunswick Energy & Utilities Board
PO Box 5001
Saint John, NB E2L 4Y9
Dear Ms. Mitchell:
Re: An Application by Irving Oil Marketing G.P. and Irving Oil
Commercial G.P. (Matter 486), Our File No. 6994-009
Further to the Order of the Energy and Utilities Board (Board) in this
Matter dated January 8, 2021, wherein it indicated that it will
consider, inter alia, minimum filing requirements for this Matter, we
are writing to advise of the Board staff’s recommendations on that
point. To assist in the review of the application, Board staff
recommends the adoption of the following minimum filing requirements:
1) The information related to the factors the Board must consider as
set out at subsection 9(1) of NB Regulation 2006-41:
a. Cost of transporting fuel from New York Harbor
b. Volumes of sales
c. Storage Costs
d. Inventory turnover rates
e. Applicable levies and insurance costs
2) The underlying calculations for the tables found at page 1 of
Appendix A of Exhibit IO 1.02
3) All supporting documentation for the following information
contained on page 2 of Appendix A
a. Terminal fees,
b. Transportation and Port Fees,
c. Working Capital Management and Overhead,
d. Federal Compliance Costs
4) Please provide the total sales
In addition, we advise that Board staff expect to retain an
independent expert to review the application and file evidence in
Matter 486. The expert may have additional recommendations for minimum
filing requirements, and if so, those recommendations will be provided
to all parties prior to the Pre-hearing Conference scheduled for
January 25th, 2021.
We trust you will find this in order.
Yours very truly,
LAWSON CREAMER
Matthew R. Letson (P.C.*), Partner
Direct: (506) 633-3533
mletson@lawsoncreamer.com
Darren Gillis
Irving Oil
10 King Square South
Saint John, NB E2L 0G3
Telephone: (506) 647-4162
Email: darren.gillis@irvingoil.com
Scholten's Grocery
90 Hubbard Road
Fredericton NB E3B 6B4
Chris.Scholten@Scholtens.ca
(506) 459-4643
Jerry.Scholten@Scholtens.ca
(506) 457-0566
Hafsah Mohammad, Organizational Representative
Grassroots NB
114 Somerset Drive
Moncton, NB E1A 3T9
(587) 597 - 2953
nb.grassroots@gmail.com
Jennifer Bueno
Solidarité Fredericton Solidarity Volunteer
Solidarité Fredericton Solidarity
15-215 Main Street, Fredericton, NB, E3A 1E1
(506) 962-0521
jennifer.bueno@unb.ca
Simon Ouellette
Solidarité Fredericton Solidarity
4-122 Aberdeen Street, Fredericton, NB E3R 1R5
(506) 229-6038
ouellette.acadie@gmail.com
Lynaya Astephe, Chair
Leap4wards
1877 Red Head Rd,
Saint John, NB E2P 1J5
[506-653-7959
leap4wards@gmail.com
Aditya Rao, Human Rights Representative
Canadian Union of Public Employees
91 Woodside Lane
Fredericton, NB E3C 0C5
(506) 247-0137
arao@cupe.ca
Abram Lutes,
Provincial Coordinator
New Brunswick Common Front for Social Justice
236 St George St, Suite 412
Moncton, NB E1C 1W1
506-855-8977
frontnb@bellaliant.net
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Feb 7, 2023 at 3:38 PM
Subject: RE The New Brunswick Common Front for Social Justice I just talked a lady who replaced Abram Lutes and she claimed to have written this document Correct?
To: Waycott, Stephen <SWaycott@nbpower.com>, <mletson@lawsoncreamer.com>, blaine.higgs <blaine.higgs@gnb.ca>, Holland, Mike (LEG) <mike.holland@gnb.ca>, Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>, louis-philippe.gauthier@cfib.ca <louis-philippe.gauthier@cfib.ca>, frederic.gionet@cfib.ca <frederic.gionet@cfib.ca>, david.sollows@gnb.ca <david.sollows@gnb.ca>, Daly, Gerard <daly@nbnet.nb.ca>, hanrahan.dion@jdirving.com <hanrahan.dion@jdirving.com>, nrubin@stewartmckelvey.com <nrubin@stewartmckelvey.com>, coneil@stewartmckelvey.com <coneil@stewartmckelvey.com>, lmclements@stewartmckelvey.com <lmclements@stewartmckelvey.com>, brudderham@stewartmckelvey.com <brudderham@stewartmckelvey.com>, Brandy.Gellner@libertyutilities.com <Brandy.Gellner@libertyutilities.com>, dave.lavigne@libertyutilities.com <dave.lavigne@libertyutilities.com>, Gilles.volpe@libertyutilities.com <Gilles.volpe@libertyutilities.com>, JohnFurey@fureylegal.com <JohnFurey@fureylegal.com>, Petrie, Jamie <JPetrie@nbpower.com>, Murphy, Darren <DaMurphy@nbpower.com>, Crawford, Brad <BCrawford@nbpower.com>, Gordon, Laura <LGordon@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, Young, Dave <Dave.Young@nbeub.ca>, Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com>, Dickie, Michael <Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, Colwell, Susan <Susan.Colwell@nbeub.ca>, dustin@emrydia.com <dustin@emrydia.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, Vincent.musco@bateswhite.com <Vincent.musco@bateswhite.com>, richard.williams@gnb.ca <richard.williams@gnb.ca>, rdk@indecon.com <rdk@indecon.com>, tyler.rajeski@twinriverspaper.com <tyler.rajeski@twinriverspaper.com>, darcy.ouellette@twinriverspaper.com <darcy.ouellette@twinriverspaper.com>, Hoyt, Len <len.hoyt@mcinnescooper.com>, paul.black@twinriverspaper.com <paul.black@twinriverspaper.com>, tammy.grieve@mcinnescooper.com <tammy.grieve@mcinnescooper.com>, jeff.garrett@sjenergy.com <jeff.garrett@sjenergy.com>, shelley.wood@sjenergy.com <shelley.wood@sjenergy.com>, dan.dionne@perth-andover.com <dan.dionne@perth-andover.com>, pierreroy@edmundston.ca <pierreroy@edmundston.ca>, pzarnett@bdrenergy.com <pzarnett@bdrenergy.com>, sstoll@stollprofcorp.com <sstoll@stollprofcorp.com>, NBEUB/CESPNB <General@nbeub.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, <info@frontnb.ca>, <frontnb@bellaliant.net>, Marco.Mendicino <Marco.Mendicino@parl.gc.ca>, kris.austin <kris.austin@gnb.ca>, Mark.Blakely <Mark.Blakely@rcmp-grc.gc.ca>, martin.gaudet <martin.gaudet@fredericton.ca>, Mike.Comeau <Mike.Comeau@gnb.ca>
BTW I have not heard back from Chief Gaudet or the RCMP and I suspect
I never will
CONTACT US
Janelle LeBlanc, Provincial Coordinator
info@frontnb.ca
506-855-8977
236 St George St, Suite 412
Moncton, NB E1C 1W1
EUB File Number 74613
New Brunswick Energy and Utilities Board
Comments by the New Brunswick Common Front for Social Justice
re: NB Power 2023-2024 General Rate Application
Matter 541
Front commun pour la justice sociale du Nouveau-Brunswick
New Brunswick Common Front for Social Justice
236, rue St George St, Suite 412
Moncton, NB E1C 1W1
(506) 855-8977 - info@frontnb.ca - frontnb.ca
Page 2
The New Brunswick Common Front for Social Justice is providing the
following written
comments and associated evidence for consideration in the Matter 541,
an Order approving the schedule of NB Power rates (“The applicant”)
for the fiscal year 2023-24. This order reflects an eight point nine
per cent (8.9%) increase across all customer classes, effective April
1, 2023, among other recommendations.
The New Brunswick Common Front for Social Justice (FrontNB) works for
more justice, better social policies and greater solidarity within
society. In the long term, we believe that our province must work
toward the elimination of injustices which cause poverty. The FrontNB
submits the applicant’s request for a rate increase should be denied.
Too many people in New Brunswick are struggling to make ends meet with
the rising cost of living and low incomes. From rent to groceries to
utilities increasing in 2022, people living with fixed incomes and low
income workers are falling behind and cannot afford to pay more for
their electricity.
Living in poverty in New Brunswick
In 2020, 7.6% of New Brunswickers, nearly 60 000 people, were
considered low income, thus living in poverty, based on the 2018
Market Basket Measure (MBM)1,2. Persons between the ages of 18 to 64
(9%), over the age of 65 (5.1%) and persons not in economic families
(22.6%) had the highest rates of people living in low income in New
Brunswick. Single elderly folks had the highest percentage of persons
in low income in Canada (15.2%)3.
In 2020, the number of all family units4 in low income in New
Brunswick was 72,900 based on the Census Family Low Income Measure5
(LIM). Single people living alone or with roommates represented most
New Brunswickers in low income: 51,190.
Between 60 000 and 72,900 New Brunswickers were living in poverty in
2020 depending on the measure used (MBM or LIM). Without a doubt, that
number increased in the last two years, following the end of some
federal COVID-19 benefits such as the Canada Emergency Response
Benefit, the Canada Recovery Benefit, the Canada Recovery Caregiving
Benefit and
5 “Families are defined as having low income if their adjusted
after-tax income falls below 50% of the total population median
adjusted after-tax income. Adjusted after-tax income is derived by
dividing census family income by the square root of the census family
size and assigning this value to all persons in the census family.
This adjustment
distributes income among the members of the census family, and takes
into account the economies of scale present in larger families, the
increasing number of people living on their own and the decline in
family size over time.” (Ibid)
4 “Family units include census families and persons not in census
families. Census families are comprised of:
1) couples (married or common-law, including same-sex couples) living
in the same dwelling with or without children, and
2) single parents (male or female) living with one or more children.
Persons who are not matched to a family become persons not in census
families. They may be living alone, with a family to whom they are
related, with a family to whom they are unrelated or with other
persons not in census families.” (Statistics Canada. Table
11-10-0020-01 After-tax low income status of census families based on
Census Family Low Income Measure
(CFLIM-AT), by family type and family composition)
3 Ibid.
2 Ibid
1 Market Basket Measure is “based on the cost of a specific basket of
goods and services representing a modest, basic standard of living. It
includes the costs of food, clothing, shelter, transportation and
other items for a reference family. These costs are compared to the
disposable income of families to determine whether or not they fall
below the poverty line.” (Statistics Canada, Table 11-10-0135-01 Low
income statistics by age, sex and economic family type)
Page 3
the Canada Recovery Sickness Benefit in combination with the inflation
rates skyrocketing across Canada.
Inflation rates and cost of living
Inflation rates soared in New Brunswick in 2022, wreaking havoc on
minimum wage workers, people living in poverty, social assistance
recipients, families, seniors and people with disabilities. The cost
of rent, groceries (+11.0% in December 20226), personal care supplies
(+9.9% in December 20227), gas and utilities rose across the country
and in New Brunswick making it difficult for people to afford basic
necessities. The increase in average hourly wages in December 2022
(+5.1%8) in Canada did not keep up with inflation rates in the country
and in New Brunswick for the same month (6.3%9,10). In addition, New
Brunswick’s average debt per person in last year’s third quarter
increased from the second quarter to $21,937 which is above the
national average. More people used credit cards due to increased cost
of living11.
NB Power has already increased their rates about 2% in April 2022. The
surge in prices and utilities is a disadvantage for New Brunswickers
living in poverty, on a fixed income or low and minimum wage.
New Brunswickers are also having a difficult time paying for one of
the most basic needs: food. PROOF, a food insecurity research program
at the University of Toronto, released its 2021 food insecurity study
last summer and New Brunswick had the second highest rate of food
insecurity in Canada (19%), behind Alberta (20.3%)12. Nineteen per
cent or almost 1 in 5 households were food-insecure in 2021, totalling
to 140,000 individuals or 64,000 households. Most of these households
were moderately to severely food-insecure. PROOF also found that,
“half of the households who were food insecure relied on wages,
salaries, and self-employment. Too many households are unable to make
ends meet through employment, and our social safety net is unable to
protect those in need.13” Food banks were met also with an increase in
demand this
year14. If people in New Brunswick can’t afford food, how can they
cover higher electricity bills?
14 Global News. New Brunswick food banks grapple with increasing
demand, June 3, 2022.
https://globalnews.ca/news/889
13 Ibid.
12 PROOF. New report finds persistently high rates of food insecurity,
policy action on inadequate income needed,
August 16, 2022.
https://proof.utoronto.ca/2022
ncome-needed/
11 Equifax. Total Consumer Debt Climbs to $2.36 Trillion as Consumers
Lean on Credit Cards, December 6, 2022.
http://bit.ly/3w8YjFS
10 Statistic Canada. Table 2 - Consumer Price Index for the provinces
and for Whitehorse, Yellowknife and Iqaluit -
Not seasonally adjusted.
https://www150.statcan.gc.ca/n
Released January
17, 2023.
9 Statistic Canada, 2022. Consumer Price Index, December 2022,
https://www150.statcan.gc.ca/n
Released January 17, 2023.
8 Statistic Canada. Labour Force Survey, December 2022,
https://www150.statcan.gc.ca/n
Released January 6, 2023.
7 Ibid.
6 Statistic Canada. Consumer Price Index, December 2022,
https://www150.statcan.gc.ca/n
Released January 17, 2023
Page 4
Lastly, homelessness was up 66% in Moncton, Saint John and Fredericton
last year15. There is a housing crisis in New Brunswick with lack of
publicly funded housing such as social, coop and non-profit. Many
people find themselves unhoused as they cannot afford rent prices in
many cities and communities across the province with their fixed
income and the current minimum wage. New Brunswickers are being priced
out of living16. The rent cap ended December 31 leaving renters
vulnerable to rent increases - there are reports of tenants receiving
rent increases between 85% and more than 100% from their landlord17.
If people in New Brunswick can’t afford housing, how can they cover
higher electricity bills?
New Brunswick workers cannot make ends meet
The Government of New Brunswick increased the minimum wage from $11.75
in October 2021 to $13.75 in October 2022. While this is welcomed, it
is not considered a living wage. The Human Development Council
considers a living wage to be an average of $20 per hour for New
Brunswick18. These calculations include household expenses such as the
cost of utilities.
In 2020, the Low Income Measure for one person before tax-income was
$30,401 and after taxes was $26,50319. The annual gross income for a
single person working full-time at 40 hours per week at the current
minimum wage ($13.75) in New Brunswick is $28,60020. The net pay after
federal and provincial deductions is $25,807.72. Minimum wage earnings
for one person in New Brunswick end the year with a deficit of $695.28
and are considered low income based on the 2020 Low Income Measure.
Similarly, a couple with one minimum wage and one child also encounter
an annual deficit with the current minimum wage in comparison to the
2020 Low Income Measure21. In addition, New Brunswick had the lowest
median wage ($56,900) in Canada for families, couples and single
persons in 2020 22.
There were more workers earning minimum wage in 2021 (16,500) than
2020 (15,500), thus an increase of low-income workers, including older
workers aged 55+23. According to the Government of New Brunswick's
2022 Minimum Wage Report, in 2021, 52% of minimum wage workers were
over the age of 20, many paying for their own utilities. The majority
of minimum wage earners are women (58%) and over 70% had a high school
diploma or less24.
24 Government of New Brunswick, 2022. New Brunswick Minimum Wage Report, p.3-4.
23 Common Front for Social Justice, 2022. Proposals for the Minimum
Wage Review, p. 2.
22 Statistics Canada. Table 11-10-0190-01 Market income, government
transfers, total income, income tax and
after-tax income by economic family type
21 Common Front for Social Justice, 2022. Proposals for the Minimum
Wage Review, p. 3.
20 Though we are using 40 work hours per week in our calculations, we
know through the data that workers try to
make ends meet on precarious, part-time hours. The province’s own
statistics confirm that 63% of minimum wage
workers worked part-time.
19 Statistics Canada. Low-income measures thresholds (LIM-AT and
LIM-BT) for private households of Canada, 2020.
https://www12.statcan.gc.ca/ce
Released July 13, 2022.
18 Human Development Council, 2022. Living Wages in New Brunswick 2022.
https://sjhdc.ca/wp-content/up
17 CBC NB. Former MP among tenants shocked by rent more than doubling
in Kent County apartment building,
January 16, 2023.
https://www.cbc.ca/news/canada
16 919 The Bend. Myriad of reasons for homelessness in Moncton,
September 19, 2022.
https://www.919thebend.ca/2022
15 Telegraph Journal. Homelessness is up 66% in N.B.’s three big
cities, July 29, 2022.
https://tj.news/telegraph-jour
Page 5
Low wage workers are paying more for essential needs and items while
their salaries are not keeping pace with inflation rates. An increase
in electricity rates would disadvantage them even more.
New Brunswickers on fixed income struggling to afford basic necessities
New Brunswickers on fixed income are also suffering. Social assistance
rates in 2021 in New Brunswick are way below the rates in the other
Atlantic provinces:
Table 1: Total yearly social assistance income, 202125
Province Unattached
single
considered
employable
Unattached
single with a
disability
Single parent,
one child
Couple, two
children
PEI $13,838 $15,674 $26,639 $39,686
NL $11,390 $18,226 $25,044 $29,971
NS $8,385 $11,559 $21,134 $30,571
NB $7,499 $10,298 $21,595 $27,177
New Brunswick’s social assistance income is the lowest of all
provinces, including Atlantic Canada, for unattached singles with or
without a disability. For example, the 2020 Market Basket Measure for
a medium population center in New Brunswick is $21,641. If we compare
this measure with the social assistance rates for unattached singles
considered employable and unattached singles with a disability (Table
1), there is a difference of $14,142 and $11,343, respectively. For
people living in Fredericton, the difference is $15,107 and $12,308,
respectively. Social assistance recipients are living well below the
poverty line and in extreme poverty26. They cannot afford any
increases in electricity rates, rent or food.
Conclusion
Tens of thousands of New Brunswickers are facing a financial crisis
due to a low fixed income, low minimum wage, and soaring cost of
living from rent to groceries to personal care products to utilities
such as electricity rates. Homelessness rates are increasing across
the province. New Brunswick has the lowest median wage and social
assistance rates in Canada, and the fifth lowest minimum wage in the
country. More people are working minimum wage jobs, including women
and older workers, who are statistically more likely to live in
poverty. New Brunswick had one of the highest food insecurity rates in
2021 and more people visited food banks than in previous years. People
are being priced out of living in New Brunswick and cannot afford more
increases for their basic needs and essential items, such as electricity.
26 Common Front for Social Justice, 2022. Raise the rates now! Demands
for Social Assistance Reform in New
Brunswick. http://bit.ly/3QOi0w8
25 Maytree, Summary of 2021 welfare incomes across Canada.
https://maytree.com/welfare-in
Released in November 2022.
Page 6
Increasing the NB Power rates will disadvantage people living in
poverty and on fixed income, social assistance recipients and low-wage
workers who are already struggling to survive, many of whom are
historically and statistically more likely to live in poverty, like
women and seniors.
The NB Power CEO earnings in the last fiscal year were between
$475,000 to $499,999, some of the highest paid salaries in the
province's various departments and agencies27,28. The salary
disclosure is based on the calendar year ended December 31, 2021. This
salary is about 65 times the social assistance yearly income for
unattached singles considered employable and approximately 47 times
the social assistance yearly income for unattached singles with a
disability. It would be unacceptable to increase rates on the backs of
those who are already struggling to survive.
The FrontNB is asking the New Brunswick Energy and Utilities Board to
deny the applicant’s request for rate increase and find other avenues
to increase their revenues.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Tue, 7 Feb 2023 14:22:24 -0400
Subject: Re: Matter 486 - NB Mr Hoyt has been a busy lawyer with the EUB
To: "Waycott, Stephen" <SWaycott@nbpower.com>,
mletson@lawsoncreamer.com, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Holland, Mike (LEG)" <mike.holland@gnb.ca>
Cc: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard"
<daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com"
<hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com"
<nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com"
<coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.co
<lmclements@stewartmckelvey.co
<brudderham@stewartmckelvey.co
"Brandy.Gellner@libertyutiliti
<Brandy.Gellner@libertyutiliti
"dave.lavigne@libertyutilities
<dave.lavigne@libertyutilities
"Gilles.volpe@libertyutilities
<Gilles.volpe@libertyutilities
<JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>,
"Murphy, Darren" <DaMurphy@nbpower.com>, "Crawford, Brad"
<BCrawford@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, NBP
Regulatory <NBPRegulatory@nbpower.com>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com"
<Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>,
"Colwell, Susan" <Susan.Colwell@nbeub.ca>, "dustin@emrydia.com"
<dustin@emrydia.com>, Melissa Curran <Melissa.Curran@nbeub.ca>,
"Vincent.musco@bateswhite.com" <Vincent.musco@bateswhite.com>
"richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "tyler.rajeski@twinriverspaper
<tyler.rajeski@twinriverspaper
"darcy.ouellette@twinriverspap
<darcy.ouellette@twinriverspap
<len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.co
<paul.black@twinriverspaper.co
<tammy.grieve@mcinnescooper.co
<jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com"
<shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "pzarnett@bdrenergy.com"
<pzarnett@bdrenergy.com>, "sstoll@stollprofcorp.com"
<sstoll@stollprofcorp.com>, NBEUB/CESPNB <General@nbeub.ca>
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.c
Date: Wed, 27 Jan 2021 00:00:38 -0400
Subject: EUB 486
To: motomaniac333 <motomaniac333@gmail.com>
ACTING CHAIRPERSON: Okay. Thank you. So that being considered, so
those minimum filing requirements that are included in the letter of
January the 19th 2021 by Mr. Letson to the chief clerk will be, at a
minimum, the information that needs to be provided to the chief clerk
prior to the first round of IRs.
Just one comment, Mr. Hoyt, the Board will be retaining an independent
expert which will be Mr. Jason Parent from the Kent Group. And I also
understand that Mr. Parent may have some comment regarding on the
proposed MFR. So if that is an issue, we will be informing the
applicant if there is any other requirements of the minimal filing
requirements once he starts his process of reviewing the information.
Kent Group Ltd.
367 Princess Ave.
London, Ontario
N6B 2A7
Jason.Parent@kalibrate.com
519-672-7000 x 112
Jason Parent is the Managing Director at Kent Group Ltd. His
responsibilities encompass a range of project management roles, as
well as the analysis and reporting of data for our clients. Mr.
Parent’s functional specialties include the areas of regulatory
analysis, petroleum market and price/ margin analysis, forecasting and
performance benchmarking.
Mr. Parent has seventeen years experience in providing consulting and
performance data analysis in the petroleum industry. This industry
expertise is supported by a degree in Business Administration, having
graduated with distinction. Jason plays a vital role in the management
of relationships with our extensive client base, meeting their needs
through a diverse range of services including consulting and custom
project work, development of custom data delivery and reporting, as
well as assisting clients in the development of specific project needs
and deliverables.
Media release January 7, 2021
The New Brunswick Energy and Utilities Board has received an
application from Irving Oil requesting an interim increase to the
wholesale margins for motor fuels and furnace oil of $0.035/litre, as
well as a final order increasing the wholesale margin for motor fuels
from $0.0651/litre to $0.1054/litre and an increase to the wholesale
margin for furnace oil from $0.055/litre to $0.0963/litre.
The Board has set a pre-hearing conference for Monday, January 25 at
9:30 a.m. for the Board to consider the following:
a. Minimum Filing Requirements;
b. The specific process that will be used by the Board to consider
this application;
c. An appropriate filing schedule;
d. Intervenor Requests;
e. Irving Oil’s request for an interim order under section 40 of the
EUB Act, including any written or oral submission of approved
Intervenors; and,
f. Any other relevant issue.
The pre-hearing conference will be held via the Zoom Web Conference
platform. Interested parties can visit the Board’s website at
www.nbeub.ca for details on how to request to intervene.
The application and related documents can be viewed at www.nbeub.ca by
searching Matter number 486.
The Board’s proceedings are open the general public to attend and
observe, and as such, the Board invites any person or organization
interested in observing the proceedings to contact the Board at
general@nbeub.ca to obtain the sign-in information for any of the
upcoming hearings.
For more information contact:
Kathleen Mitchell
506-658-2504
VIA EMAIL
January 19, 2021
Kathleen Mitchell, Chief Clerk
New Brunswick Energy & Utilities Board
PO Box 5001
Saint John, NB E2L 4Y9
Dear Ms. Mitchell:
Re: An Application by Irving Oil Marketing G.P. and Irving Oil
Commercial G.P. (Matter 486), Our File No. 6994-009
Further to the Order of the Energy and Utilities Board (Board) in this
Matter dated January 8, 2021, wherein it indicated that it will
consider, inter alia, minimum filing requirements for this Matter, we
are writing to advise of the Board staff’s recommendations on that
point. To assist in the review of the application, Board staff
recommends the adoption of the following minimum filing requirements:
1) The information related to the factors the Board must consider as
set out at subsection 9(1) of NB Regulation 2006-41:
a. Cost of transporting fuel from New York Harbor
b. Volumes of sales
c. Storage Costs
d. Inventory turnover rates
e. Applicable levies and insurance costs
2) The underlying calculations for the tables found at page 1 of
Appendix A of Exhibit IO 1.02
3) All supporting documentation for the following information
contained on page 2 of Appendix A
a. Terminal fees,
b. Transportation and Port Fees,
c. Working Capital Management and Overhead,
d. Federal Compliance Costs
4) Please provide the total sales
In addition, we advise that Board staff expect to retain an
independent expert to review the application and file evidence in
Matter 486. The expert may have additional recommendations for minimum
filing requirements, and if so, those recommendations will be provided
to all parties prior to the Pre-hearing Conference scheduled for
January 25th, 2021.
We trust you will find this in order.
Yours very truly,
LAWSON CREAMER
Matthew R. Letson (P.C.*), Partner
Direct: (506) 633-3533
mletson@lawsoncreamer.com
Darren Gillis
Irving Oil
10 King Square South
Saint John, NB E2L 0G3
Telephone: (506) 647-4162
Email: darren.gillis@irvingoil.com
Scholten's Grocery
90 Hubbard Road
Fredericton NB E3B 6B4
Chris.Scholten@Scholtens.ca
(506) 459-4643
Jerry.Scholten@Scholtens.ca
(506) 457-0566
Hafsah Mohammad, Organizational Representative
Grassroots NB
114 Somerset Drive
Moncton, NB E1A 3T9
(587) 597 - 2953
nb.grassroots@gmail.com
Jennifer Bueno
Solidarité Fredericton Solidarity Volunteer
Solidarité Fredericton Solidarity
15-215 Main Street, Fredericton, NB, E3A 1E1
(506) 962-0521
jennifer.bueno@unb.ca
Simon Ouellette
Solidarité Fredericton Solidarity
4-122 Aberdeen Street, Fredericton, NB E3R 1R5
(506) 229-6038
ouellette.acadie@gmail.com
Lynaya Astephe, Chair
Leap4wards
1877 Red Head Rd,
Saint John, NB E2P 1J5
[506-653-7959
leap4wards@gmail.com
Aditya Rao, Human Rights Representative
Canadian Union of Public Employees
91 Woodside Lane
Fredericton, NB E3C 0C5
(506) 247-0137
arao@cupe.ca
Abram Lutes,
Provincial Coordinator
New Brunswick Common Front for Social Justice
236 St George St, Suite 412
Moncton, NB E1C 1W1
506-855-8977
frontnb@bellaliant.net
https://www.facebook.com/Meryl
(506) 660-0028
Contact. 506-262-3353 meryl.sarty@gmail.com ...
travis-ppc.nbsw@protonmail.com
Letters
Mary Milander
Saint John
Denis Y. Boulet
Brent Theriault
Sunny Corner Enterprises Inc
Eric Lloyd President
259 Dalton Ave.
Miramichi, NB
E1V 3C4
Tel: (506) 622-5600
info@sunnycorner.ca
Lorneville Mechanical Contractors Ltd.
75 Stinson Drive
Saint John, NB E2M 7E3
Jim Brewer President
Todd Bethune, CFO
Styve Dumouchel, CEO
(506) 635-8090
New Brunswick Building Trades Council
Jean-Marc Ringuette, President
26 Kiwanis Court
Saint John, NB E2K 4L2
Phone: (506) 635-1221
jeanmarc@ibew502.ca
https://www.cbc.ca/news/canada
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Energy and Utilities Board holds first hearing into requested
wholesale margin increases today
Robert Jones · CBC News · Posted: Jan 25, 2021 7:26 AM AT
An initial hearing into Irving Oil's request for increases in
petroleum wholesale prices begins today in front of the New Brunswick
Energy and Utilities Board with supporters raising the stark prospect
of the company shutting down if it does not get what it is asking for
and skeptics warning the board against being manipulated.
"We must be cautiously aware that no business is too big to fail,"
read one letter on the issue received and posted publicly last week by
the EUB.
"They are playing the Board," read another about the company's application.
New Brunswick adopted petroleum price regulation in 2006 and put the
Energy and Utilities Board in place to oversee it. Currently
wholesalers are allowed to add 6.51 cents per litre to the price of
motor fuels they handle (gasoline and diesel) and 5.5 cents per litre
to furnace oil.
Irving Oil is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
New Brunswick's Energy and Utilities Board has scheduled a full
hearing into Irving Oil's request for wholesale petroleum price
increases for March 30. It will hear arguments Monday for and against
an emergency interim increase. (Robert Jones/CBC News)
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013, but the company says fundamental changes in the oil industry and
a sudden collapse in demand for petroleum products caused by the
COVID-19 pandemic have rendered those old amounts obsolete.
"Petroleum pricing regulations in New Brunswick were created 15 years
ago," Darren Gillis, Irving Oil chief marketing officer, said in an
affidavit supporting the application. "They did not contemplate the
challenges of the last several years and were not designed to react to
a global pandemic."
If granted in full, the increases would apply to all New Brunswick
wholesalers and would cost consumers about $60 million per year in
higher retail prices.
The Energy and Utilities Board has tentatively scheduled a full
hearing into the matter for the end of March, but in its application
Irving Oil said its situation is dire and it cannot wait that long for
relief.
Irving Oil's Darren Gillis is heading the company's effort to have the
Energy and Utilities Board approve $60 million in increased petroleum
margins for New Brunswick wholesalers. (Irving Oil)
Instead it is asking for 85 per cent of the requested increase on
motor fuels (3.5 cents) and 99 per cent of the increase on furnace oil
(3.0 cents) to be granted immediately pending the outcome of the full
hearing next spring.
"The entire supply chain in under pressure and at risk," Gillis said
in the application. "COVID-19 has exacerbated challenges for the
industry and urgent action is required."
That tone has alarmed supporters of Irving Oil who fear the company is
in trouble. Last week, the company announced layoffs at its Saint
John refinery and worried suppliers have been mobilizing to urge the
EUB to grant its request in full.
Eric Lloyd is president of Sunny Corner Enterprises Inc., an
industrial construction firm in Miramichi that does business with
Irving Oil.
Lloyd wrote to the EUB to say it "must take action to understand the
economic forces that are stressing a very important contributor to our
economy," and warned it is not "too big to fail" in asking its request
be granted.
Hafsah Mohammad is with the Moncton social justice and climate action
group Grassroots NB, one of several groups registered to oppose Irving
Oil's application. (Tori Weldon/CBC News)
Another Irving supplier, Lorneville Mechanical Contractors Ltd. in
Saint John, also sent a letter expressing concern about the company's
financial health.
"We understand that Irving Oil has identified New Brunswick's highly
regulated fuel pricing system as a challenge to its ability to operate
reliably and sustainably," wrote Lorneville's president Jim Brewer, in
endorsing immediate increases.
Local building trade unions warned the viability of the refinery
itself could hinge on the EUB's decision.
"It would be devastating to lose this asset," wrote union president
Jean-Marc Ringuette in his letter supporting Irving Oil's request.
But others are skeptical.
A number of anti-poverty, union and social justice organizations have
signed up to oppose Irving Oil's application and a clutch of private
citizens, like Saint John resident Mary Milander, also sent letters
opposing the increase.
"I believe that that the people of Saint John and the whole province
have suffered financially much more than the oil industry during the
pandemic," Milander wrote to the board.
Natural Resources and Energy Development Minster Mike Holland stoked
early controversy about Irving Oil's request by writing a letter to
the Energy and Utilities Board telling it the application should be
dealt with quickly. (Radio-Canada)
Although yet to start, the hearing has already been highly
controversial following news last week that New Brunswick Natural
Resources Minister Mike Holland sent his own letter to the EUB
expressing concerns about Irving Oil's ability to supply products at
current prices.
That led to criticism from all three opposition parties and a call for
Holland to resign from Green Party Leader David Coon. Premier Blaine
Higgs defended Holland's intervention.
The EUB has granted interim relief to applicants in other cases
before, but normally on the condition money collected from consumers
be returned if the increases are later found to be unjustified.
A complicating factor in Irving Oil's application for immediate relief
is that Gillis has acknowledged that other than home heating oil
sales, returning money to customers will not be possible.
"In the unlikely case the permanent increase for motor fuels is lower
than the interim increase, Irving Oil cannot effectively and fairly
rebate the difference," he said.
https://www.cbc.ca/news/canada
Irving Oil request for 'urgent' wholesale price hike stalls over
redacted evidence
Energy and Utilities Board adjourns to allow groups opposing price
increase to argue for access to evidence
Robert Jones · CBC News · Posted: Jan 25, 2021 5:58 PM AT
Irving Oil Ltd. is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
(Devaan Ingraham/Reuters )
Irving Oil's attempt to win immediate wholesale petroleum price
increases from the New Brunswick Energy and Utilities Board stalled
quickly Monday over objections from a variety of community
organizations that too much of the application is based on secret
material.
"The amount of information that is redacted in these documents makes
it very difficult for our organization to meaningfully participate,"
said Abram Lutes with the New Brunswick Common Front for Social
Justice
"It limits our ability to participate meaningfully and to advocate on
behalf of low income workers and people in poverty."
Several other groups expressed similar concerns and the EUB's acting
Chair Francois Beaulieu scheduled a hearing Friday morning to deal
with the objections. That forced a delay in Irving Oil's request for
immediate increases in wholesale petroleum margins at least until next
week.
Francois Beaulieu, acting chair of the Energy and Utilities Board,
scheduled a hearing Friday morning to deal with objections to Irving
Oil's requests. (Graham Thompson/CBC)
"The board will adjourn and we'll await the interveners to file their
objections," said Beaulieu.
Until recently, Irving Oil has shown little outward concern about
petroleum wholesale margins in New Brunswick. Since 2016, it twice
declined to participate in scheduled reviews of the issue by the
board, including the latest one launched in 2019.
COVID-19 has affected business
But the company says the COVID-19 pandemic has hit its business hard,
and it now requires immediate changes.
In prepared remarks for the EUB on Monday that he was ultimately
unable to deliver before proceedings adjourned Irving Oil marketing
president Darren Gillis planned to outline the company's hardships
"We've reduced spending across the company, cancelled projects, and
unfortunately reduced our employee and contractor workforce," said the
prepared remarks.
"Significant sales declines (Jet Fuel, Marine Fuel and Transportation
Fuel) and higher costs are having a serious impact on the entire
supply chain. No one, no company is insulated from the impacts of the
pandemic, including Irving Oil."
Company asks for substantial increases
The company is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54,9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
It is asking that prior to a full hearing in late March, 85 per cent
of the requested increase on motor fuels (3.5 cents) and 99 per cent
of the increase on furnace oil (3.0 cents) be granted immediately
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013. But much of Irving Oil's evidence in support of changes that
large is not being publicly shared to protect company operational and
financial information, an immediate sticking point Monday
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Beaulieu noted the EUB itself along with public intervener Heather
Black and any experts they hire are permitted to view all the
material, but that did little to satisfy several participants.
Hafsah Mohammad with the Moncton social justice and climate action
group Grassroots NB expressed support for Black's role but said more
perspectives on Irving Oil's application are needed
"I think that has a problematic element with one person speaking for
the entire public," said Mohammad.
"I thought that's why there are interveners. If it is solely on
Heather Black I am concerned with just one person being assigned to
this role."
Natural Resources and Energy Development Minister Mike Holland wrote a
letter to New Brunswick's Energy and Utilities Board, in which he said
an Irving Oil application for petroleum price increases should be
dealt with quickly. (Radio-Canada)
Mohammad also pressed Beaulieu to explain his view on a letter sent to
the EUB by Mike Holland, the New Brunswick natural resources and
energy development minister, and its effect on the hearing..
Holland wrote to the board on Jan. 6, one day after Irving Oil filed
its application, to back the company's request for an "expedited"
review.
"I did not have any intention to comment on the letter but if an
intervener does put it forward I'll comment on it," said Beaulieu.
"I'm putting it forward," said Mohammad
Beaulieu said all citizens have a right to send letters to comment on
matters before the board, and he viewed Holland's as just one of many
that have arrived from the public.
Irving oil lawyer concerned over delay
"Any person in the province of New Brunswick can comment on any
proceeding of the board," said Beaulieu "We're independent and that
will continue."
Irving Oil lawyer Len Hoyt expressed concern about delays in getting
to the request for immediate price increases, but the application is
effectively on hold for a week while the company's reliance on
confidential information is dealt with first
"The urgency and the expediency of this is of upmost importance to my
client." said Hoyt.
About the Author
Robert Jones
Reporter
Robert Jones has been a reporter and producer with CBC New Brunswick
since 1990. His investigative reports on petroleum pricing in New
Brunswick won several regional and national awards and led to the
adoption of price regulation in 2006.
CBC's Journalistic Standards and Practices
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Hanwell man sues NB Liquor over agency store contract
Moncton's Power Plus Technology won the agency store contract
CBC News · Posted: Apr 23, 2013 9:35 AM AT
A Hanwell convenience store is launching a lawsuit against NB Liquor
to ensure the proper process was put in place in approving a new
agency store licence 1:44
A Fredericton-area convenience store owner is taking NB Liquor to
court to find out why a Moncton company received an agency liquor
store in Hanwell.
NB Liquor’s decision to award Moncton’s Power Plus Technology the
contract to build an agency store next to the Trans-Canada Highway,
near Hanwell, has sparked a local controversy.
The decision has been the focus of public meetings and a petition.
Now Chris Scholten said he is preparing to take the fight to another
level to find out why the two local companies lost out to the Moncton
business.
Scholten said the only way to receive a fair and independent review of
NB Liquor’s decision is to head to court.
Chris Scholten is one of two Hanwell businessowners who lost their
bids to set up a NB Liquor agency store in the Fredericton-area
community. (CBC)
"I’m just looking for a fair, independent review of the decision
process to ensure that the right process was followed, following the
guidelines and the request for proposal to which we applied," he said.
Daniel Allain, the president of NB Liquor, said in February the Crown
corporation formed an internal agency store task force to review the
expansion of the agency store network.
At the time, Allain said the decision to create the task force was
intended to guarantee an "open and transparent process."
NB Liquor did not comment on Monday as the Hanwell decision is now
heading to court.
But Scholten said NB Liquor has not been open with him on how the
decision was made.
"Unfortunately we’ve just been hit with roadblock after roadblock. We
are just being ignored quite frankly," he said.
Scholten asked the ombudsman's office to investigate.
The office has agreed to review the file but Scholten said he's heard
nothing from the independent office so far.
But Scholten’s lawyer did hear from NB Liquor late on Monday afternoon.
The agency received documentation that had been requested a month ago
under the province’s Right to Information and Protection of Privacy
Act.
Scholten said he will look through the information with his lawyer but
he still plans to take legal action.
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NB Liquor agency store contract in Hanwell sparks anger
Social Sharing
Community group argues contract should have gone to a local bidder,
not Moncton company
CBC News · Posted: Feb 21, 2013 7:19 PM AT
Liquor store controversy
8 years ago 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition.
Gayla Macintosh, a member of the Concerned Citizens of Hanwell,
contends NB Liquor broke its own rules with the decision.
The Crown agency's guidelines call for contracts for agency stories to
be awarded to local businesses, she said.
Scholten's Convenience Store and the nearby Hanwell Village Mart had
both submitted bids to operate the new agency store.
But Power Plus Technology, owners of the Magnetic Hill Esso gas
station, was the successful bidder for the store, which will be built
next to the Trans Canada Highway near Hanwell, along with a brand gas
bar and convenience store.
"One of the guidelines is that they want it to be a centrally-located
place and this would be it — one of these two stores would be it — and
we don't know why," said Macintosh.
'Unfair' decision
NB Liquor plans to open 10 new agency stores this year. (CBC)
The group is encouraging citizens who oppose the "unfair" decision to
sign a petition supporting a Hanwell bid and to send an email
expressing their "displeasure" to the premier, finance minister, the
local MLA and the head of NB Liquor.
The decision simply doesn't make sense, said Josh Allen, a regular
customer at Scholten's.
"Better here for the economy, for Scholten's itself, bring more
business here, rather than have a business from out of town come in
and take over their clientele," he said.
NB Liquor spokeswoman Marcelle Saulnier says decisions about where the
10 new agency stores will go this year is based on customer traffic,
location and site evaluation, among other criteria.
"In this case we hired a firm to go look at the various proposals that
we accepted and they came back with a scoring," she said.
The criteria does give points for being locally-owned and operated,
but it's low on the list, said Saulnier.
None of the companies' owners would comment on Thursday.
The Concerned Citizens of Hanwell will be holding an information
session on Monday at 7 p.m. at the Starlite Lodge. The group has
invited NB Liquor CEO Daniel Allain to attend.
CBC's Journalistic Standards and Practices
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NB Liquor agency store dispute in Hanwell goes to ombudsman
Convenience store owner contends contract should have gone to local bidder
CBC News · Posted: Mar 15, 2013 5:24 PM AT | Last Updated: March 15, 2013
Scholten’s Convenience Store was one of the two local businesses that
lost a bid to operate the agency store. (CBC)
The owner of a convenience store near Fredericton who lost his bid to
become an agency store for NB Liquor is taking his case to the
provincial ombudsman.
Chris Scholten, of Scholten's Convenience Store in Hanwell, contends
local bidders are supposed to be given preference.
But the Hanwell contract went to Moncton-based gas retailer Power Plus
Technology instead.
Scholten says he's gone through the NB Liquor review process, has
spoken to the president of the Crown agency and even put a call in to
the minister of finance, but is still not satisfied with the answers
he's received about why the other company won.
"We feel that even the mandate of this agency program has been
violated. We feel that the procedures that were to be followed have
been violated. And we question the evaluations of the independent
proposals as well — that they were unfairly evaluated," he said.
"So we're just looking for an independent review to make sure that the
proper decision was made."
A conceptual drawing of a proposed gas station and NB Liquor agency
store in Hanwell. (CBC)
Hanwell Village Mart had also applied to be an agency store.
Jason Lutes, the owner of Power Plus Technology, has said he believes
the matter is being blown out of proportion and denied being awarded
the contract because of any political connections.
He was already planning to build a convenience store in the area
before the call for applications from NB Liquor for an agency store,
he said.
Lutes will build the store next to the Trans-Canada Highway near
Hanwell, along with a gas bar and convenience store.
Some Hanwell residents have expressed concerns the new store will pull
business away from existing stores in the area. The issue has sparked
the creation of a new community group called Concerned Citizens of
Hanwell and a petition.
NB Liquor officials have said decisions about new agency stores are
based on customer traffic, location and site evaluation, among other
criteria.
CBC's Journalistic Standards and Practices
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'Double taxation' cut will energize private sector, say N.B. business leaders
Province reducing tax on buildings like rental properties by 50%
Colin McPhail · CBC News · Posted: Mar 10, 2020 8:44 PM AT
Rental property owners and business officials say new tax cuts
announced by the Progressive Conservative government Tuesday will help
stoke the New Brunswick economy and spur construction.
Finance Minister Ernie Steeves announced a 50 per cent reduction in
the provincial non-owner-occupied property residential tax over a
four-year period starting in the 2021 taxation year.
Owners and developers have long sought to scrap the so-called "double
tax" which levies a provincial tax on top of the municipal tax for
buildings like rental properties and cottages.
Willy Scholten, president of the New Brunswick Apartment Owners
Association, said his group has been lobbying government officials on
the issue since 2004.
He believes the move will lead to new construction.
Bryan Eneas/CBC
"We have a lot of issues right now with not enough supply of rental
apartments in the province, and a lot of our association attributes a
lot of that to this double taxation," Scholten said following
Steeves's address in the legislature.
"We don't have outside people coming to the province and saying this
is a good place to do business."
The tax rate will drop from $1.233 per $100 of assessed value to
$0.5617 — or about 14.04 cents per year until 2024.
The owners' association has proposed phasing the tax out completely
over a three-year period, but Scholten said this is a step in the
right direction.
"We hope that they continue after here to the eventual full
elimination, so we are no longer offside with the rest of the
country," said Scholten, adding New Brunswick is the lone Canadian
jurisdiction to impose such a tax.
More budget day coverage:
Could the tax savings be passed onto tenants? Scholten said it's too
early to tell.
"It's not a full elimination and we don't know what's going to happen
with assessments either along the way," he said. "So we'll have to
wait to see what happens with our property tax bills."
The PCs also plan to reduce the non-residential property tax rate —
including commercial and industrial buildings — by 8.25 cents per year
until 2024. That will decrease the rate from $2.1860 per $100 of
assessment to $1.8560.
The $10.2-billion provincial budget projects a $92.4-million surplus
and to reduce the net debt by $129.3 million. The budget is buoyed,
however, by a $200-million increase in federal transfer payments.
"We have to, beyond balancing the budget, give back," Steeves told reporters.
"We thought [the tax reductions] were ones that would help businesses
and, ultimately, help a lot of New Brunswickers and, ultimately, help
the economy of New Brunswick."
'You have to focus on the private sector'
The budget struck a chord with People's Alliance Leader Kris Austin.
His party has long argued against double taxation for
non-owner-occupied properties.
"If you want true economic growth, you have to focus on the private
sector," he said. "The best way to that is tax reduction and
deregulation."
Austin said all three Alliance members will vote in favour, while
Liberal Leader Kevin Vickers maintained that his party will vote
against the budget in an attempt to topple the government.
Ed Hunter/CBC
Green Leader David Coon told reporters his caucus — and its three
crucial votes — has reserved a decision until meeting to discuss.
Also included in the budget is the Higgs government's carbon pricing
plan. It will be set at 6.6 cents per litre at the pumps — same as the
federal backstop — but the Tories will cut the New Brunswick gas tax
by 4.6 cents, creating a net two-cent increase.
The government has not passed its carbon tax legislation and if the
budget is defeated and an election is called, it won't get the chance,
meaning the federal price will be in place on April 1.
David Duplisea, CEO of the Saint John Region Chamber of Commerce, said
if that's the case, it will make New Brunswick less competitive with
neighbouring provinces like Nova Scotia.
Encouraged by the private-sector support, Duplisea said there isn't
anything in or not in the budget worth toppling the government over.
He said many of his 700 members wanted the tax breaks in one form or
another, and this creates a "positive investment climate."
"These items … we have been asking for these and we're confident that
this will help to spur investment in our respective regions and in the
province as a whole," Duplisea said.
Both the Saint John and Fredericton chambers of commerce lauded the
government for reducing the net debt and balancing the budget.
Krista Ross, CEO of the Fredericton Chamber of Commerce, specifically
highlighted the double taxation policy in a statement Tuesday.
"This will make business in New Brunswick more competitive and give us
a chance to build economic momentum, which in turn will allow
government to further reduce debt and deliver more services," Ross
said.
"In the coming years, this will be even more important as we cannot
expect to receive large increases in equalization payments on an
annual basis."
https://www.cbc.ca/news/canada
Forcing builders to include low-income units not a solution, say developers
Social Development Minister Dorothy Shephard open to exploring
inclusionary zoning
CBC News · Posted: Dec 12, 2019 6:02 PM AT | Last Updated: December 12, 2019
The province’s practice of taxing non-owner-occupied properties
differently than owner-occupied properties has long been a complaint
among landlords and developers. (Bryan Eneas/CBC)
Two Fredericton developers question the wisdom of implementing
inclusionary zoning, a policy that forces developers to include
affordable units in their projects.
Social Development Minister Dorothy Shephard has said it would be
"interesting" to explore a proposed Montreal bylaw that would make
developers either set aside a certain number of units in their
buildings as affordable units or pay into a fund for social housing.
"I think with the help of our municipalities that it's worthy of
looking at," Shephard said.
But Jeff Yerxa, the president and CEO of Ross Ventures Ltd., said
while the idea is worth looking at, any development would still have
to make money, and mandating units could make that difficult for
certain projects.
Sees problem with some developments
"I think that every development has got its own place in the market,"
Yerxa said.
"If you're doing a big waterfront development, I think it's tough to
include affordable housing … I don't think it's reasonable for the
province to subsidize rent for affordable housing for people in, you
know, developments such as that."
Province to spend $629K on new affordable housing units over 3
years, $12M on repairs
Willy Scholten, the president of the NB Apartment Owners Association,
said he opposes any new "hurdles."
"The problem with doing this ... inclusionary zoning … is [it's]
another hurdle for development," said Scholten.
"If we start doing more and more of putting more and more hurdles we
have less development. If we have less development, we have less
units."
Scholten said the province could do more to increase development by
ending the so-called "double tax" on rental properties.
No exemption
"We need to fix that, and that'll make affordability easier and make
the whole development easier," said Scholten.
"We'll get more development. More development will mean the vacancy
rates will go up. Rental rates will go down."
The province's practice of taxing non-owner-occupied properties
differently from owner-occupied properties has long been a complaint
among landlords and developers.
'I've never felt shame like this in my life': 500 homeless, 5,000
await affordable housing
The tax sees landlords pay both municipal and provincial property
taxes on their rental properties and aren't eligible for a break on
those.
While owner-occupied properties also are assessed taxes by both the
province and municipality, the owners can receive tax credits that
largely eliminate the provincial portion.
Scholten said the province is bringing in enough revenue to offset
what it would lose in revenue if it ended the "double tax." If that
happened, landlords would be willing to freeze rental rates for a
period, he said.
with files from Information Morning Fredericton
https://www.cbc.ca/news/canada
Property tax cut benefits landlords, says NDP leader
CBC News · Posted: Sep 18, 2012 6:21 AM AT
New Democratic Party Leader Dominic Cardy says landlords in New
Brunswick appear to be backing away from a promise on lower rents.
Last week, the provincial government announced it is cutting property
taxes for the owners of apartment buildings, but won't force them to
pass the savings to tenants.
The NDP leader said the landlords should stand by what they said.
NDP Leader Dominic Cardy says landlords could stand behind a promise
on lower rents. (CBC)
"I think they need to go back to look at the statements they made a
few months ago," Cardy said.
"I think they need to be held to account, and the government does as
well, because they said the purpose of this was to help renters, and
instead it's going to help just the landlords, and that's not fair."
The provincial budget in March promised a gradual reduction in property taxes.
Election promise
Back then, Willy Scholten of the New Brunswick Apartment Owners
Association predicted the provincial government would force landlords
to pass on the savings.
"I would see the government not giving up the revenue without some
sort of legislation to make sure that it does happen, and we would
support that," Scholten said at the time.
Last week, Scholten no longer supported provincial government
enforcement of lower rental fees.
"We're private business, and we believe that the markets should
dictate that, so we wouldn't agree with that," he said.
Scholten said he would support enforcement if the tenant tax were
eliminated altogether, but that's not happening.
He said with other costs rising, the gradual tax reduction isn't
enough for landlords to even freeze rents.
The 2010 Progressive Conservative election platform promised that an
"easing" of the tenant tax would "benefit those living in apartments."
It now appears that promise will only be kept by landlords who choose
to honour it.
CBC's Journalistic Standards and Practices
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Bruce Fitch plans overhaul of property tax system
'Spike protection' mechanism will guard against assessment hikes above 10%
CBC News · Posted: Sep 12, 2012 11:04 AM AT
Local Government Minister Bruce Fitch announced a series of property
tax reform proposals on Wednesday. (CBC)
New Brunswick homeowners will be offered a new "spike protection"
mechanism to guard against large property tax assessment hikes, Local
Government Minister Bruce Fitch announced on Wednesday.
Fitch released a discussion document on property tax reform that
called for a number of changes.
"We are fulfilling our commitment to make a fairer and more effective
property tax system," Fitch said in a statement.
As a part of the provincial government’s proposed package of reforms,
the three-per-cent property tax freeze is being lifted.
Interactive feature
Click here to find out how different communities spend their property taxes
The local government minister said homeowners will be moving back to a
market-value system where their property assessments, which are used
to calculate property taxes, can fluctuate.
Fitch said there will be a permanent exemption given for the 146,000
homeowners who took advantage of the two-year assessment cap.
For example, if a person saved $10,000 between the 2012 market value
and the 2012 capped value of their property, they will receive an
exemption for that rate. So every year when that person's property
assessment comes in, they will be exempted for $10,000.
However, when they sell their house, the new owner will pay the full
market rate.
The provincial government estimates it will take about 20 years for
all the exemptions to work their way out of the system.
As well, homeowners will be given the option of paying for their
property taxes monthly instead of in one large annual payment.
The provincial government will also introduce a mechanism to safeguard
homeowners from property tax, assessment increases of more than 10 per
cent.
Ending 'double taxation'
Another element of the property tax plan is to reduce the amount of
tax by 23 per cent that is imposed on rental properties, commercial
properties and second homes.
Building owners have complained for years they have to pass on the
extra cost to tenants.
There's also to be help for homeowners.
Fitch said he hopes the change will mean relief for tenants.
"This will help the landlords, and we expect those savings will be
passed on to the renters, to help either lower rent, improve the
quality of housing, or mitigate any planned increases in the rental
prices," Fitch said.
But the reforms announced on Wednesday will not force apartment
building owners to pass on the savings.
Owners say the tax break isn't enough to guarantee rent reductions but
it may help landlords put off rent increases.
Other elements of the property tax reform paper include:
Property tax bills will be simplified.
A new cost-sharing model for RCMP services that will more fairly
distributing costs among all users.
Minimizing the impact of these reforms on farmers, homeowners and
businesses in local service districts.
Exempting libraries from property tax.
The tax reduction doesn't go far enough, according to Willy Sholten of
the New Brunswick Apartment Owners Association.
"This will mean that we'll still be 1.8 times the single family rate
and 1.8 times the average in Canada. So there's still quite a gap. But
the government has done something and it's being portrayed as the
first phase."
But any tax reduction is good, according to Kevin Lacey, Atlantic
director of the Canadian Taxpayers Federation.
"This tax reduction will mean that those living in apartments in the
long-term will likely see a benefit. And this combined with the
government's announcement in the budget that it will freeze rental
rates is a good thing for taxpayers of the province."
The provincial government says it won't be losing money because of the
tax reductions.
It expects it'll be covered by a doubling of the real property
transfer fee in the last budget that should generate up to an extra $8
million each year.
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Nicholas Pereira was live.
The Nicholas Pereira Show
Tonight we discuss
1. Recap of the Mad Max tour and our encounter with NB Education
Minister Dominic Cardy
2. Rent increases with Jason Fillmore from Canada Home for Rent
3. Campaign Updates as pass the half way mark to election night
http://www.3dprop.ca/press-
Press Room
Telegraph Journal March 27, 2014
FOR RENT: HAUNTED APARTMENT
APRIL CUNNINGHAM TELEGRAPH-JOURNAL
SAINT JOHN � There are some tenants who steer away from renting
apartments where eerie spirits lurk from centuries past.
And there are others who might embrace it.
Jason Fillmore is taking a gamble that his latest online advertisement
might lure the latter: people who aren�t afraid of sharing their digs
with a ghost or two.
�Why not?�said Fillmore, chief operating officer and partner with 3D
Property Management. �Some people are into that.�
In an effort to stand out from the 900 Kijiji postings for apartments
in Saint John, Fillmore posted an advertisement for a one-bedroom unit
on Clarendon Street in the north end, blatantly boasting the presence
of ghosts.
�It�s haunted, but the rent is great!� the posting reads.
Click on, and you find that the $600 unit features include a
security-locked entrance, laundry, a fridge, stove and a ghost
(followed by a winking emoticon).
While Fillmore has no actual proof of the supernatural in the
apartment, he says it�s not out of the question.
�It could be haunted. It�s an older building; maybe it is,� he said,
estimating the building owned by people who live out of the province to
be at least 100 years old.�Saint John is an old city, and there are
lots of ghost stories.�
So far there have been no bites, but the ad has led to viewings and
rentals of other properties, he said.
Fillmore�s creative marketing is the latest in a string of ads he has
posted � including one appealing to hypochondriacs who might want to
live near the hospital � as a way to break through the flooded rental
market.
The ploy is not unlike one used by real estate agent Jake Palmer, who
posted a �not haunted� sign � along with many others � at a home that
had been listed on the market on nearby Douglas Avenue for several
months two years ago.
The most recent statistics from the Canadian Mortgage and Housing
Corporation showed Saint John�s October vacancy rate at 11.4 per cent,
a number that has been steadily climbing over recent years and stands
higher than the vacancy rates in Fredericton and Moncton.
�If you go on Kijiji, every single ad looks the same,� Fillmore said.�I
guess the whole idea was pull their attention, pull them in. Then I�ve
got them.�
Claude Gautreau, a senior market analyst with the CMHC in Moncton, said
Saint John�s vacancy rates have been trending higher than those of
other provincial cities for a few years now, possibly because of
outmigration or lack of significant population growth.
While high vacancy rates create a more difficult situation for property
owners trying to make a return on their investment, they make for a
renter�s market, he said.
�If you want to live in a particular area of the city, or if you want a
particular kind of unit, you have a much better chance of finding what
you�re looking for,� he said.
The perfect situation for both renters and landlords is a�balanced
rate,� when both sides can meet their objectives, he said. In Saint
John, such a rate dates back to 2000, when the average vacancy rate was
about six per cent.
Gautreau said he doesn�t expect any big changes in the city�s vacancy
rate as new statistics are released in June, with only a slight
increase or decrease on the horizon.
As for Fillmore, he�ll continue to make the most of the challenging
market.
�It depends on how you look at it,� Fillmore said.�You could get into
what the CMHC is saying with the high vacancy, or you can just make it
work.�
For him, it all comes down to marketing, advertising and offering good
service rather than gimmicks such as a month�s free rent that might end
only in high tenant turnover.
The vacancy rate for units in the 45 buildings his company manages is
actually closer to eight per cent, he said.
�So we�re doing better than average.�
Mayor Mel Norton Dropped in to meet with us. Had a great conversation
about Saint John and the opportunities on the horizon.
https://www.cbc.ca/amp/1.
N.B. senior hunts for apartment after new landlord doubles her rent
77-year-old's rent goes from $580 to $1,150
Mia Urquhart - CBC News
Posted: September 02, 2021
"Jason Fillmore, the company's regional director, declined an
interview with CBC, but sent a statement by email. He specified that
the Canada Homes for Rent does not own the building, but manages it
for "outside investors."
"The rent increase is necessary to maintain and upgrade the building
as it has been neglected for many years and fell in disrepair."
Fillmore said a hot real estate market has been pushing up rents.
"In most cases tenants have lived in properties for over a decade
without a rent increase and paying very low rents in a market that has
increased dramatically," he said. "Unfortunately [past] owners did not
keep up with the increases yearly, forcing the new owners of that
building to do larger rent increases to cover operating costs and
rising cost for materials."
He said the trend has been growing in Canada and has "finally hit New
Brunswick as real estate investors look east to buy properties."
Jason Fillmore, the Canada Homes for Rent regional manager, says a big
rent increase can reflect the failure of a property owner to repair
and maintain a building for years at a time. (Canada Homes for Rent)
https://www.cbc.ca/radio/
As It Happens
September 02, 2021 Episode Transcript
CBC Radio · Posted: Sep 03, 2021 12:09 PM ET
SOUNDCLIP
MARIE ROY: They didn't do nothing. There was one guy that came in with
a camera. He said it was to measure the bedrooms and the kitchen. He
put his camera in the centre of the room. And then he said that
measures the room. And then, we got the pamphlet to explain payment
option and pending confirmation form, authorization for pre-authorized
payment. That's what we got. We got a pamphlet. And then, early last
week, that's the letter that I put on Facebook. That's the letter that
I got signed by Jason Fillmore. And we have until December 1st to get
the hell out, or we keep on paying, well, almost double -- 1,150 per
month. I live alone on a pension. I cannot afford this because I get
1,600 dollars. Now take off 1,150 on that. Take off another 150 for my
cable and phone. And then I have my car insurance, my life insurance,
what's going to be left to eat? I have no idea what I'm going to do.
It's cruel, really. I mean, I've never been involved with anything
like this before, never. I was here for the rest of my life. I'll have
to move because there's no way I can pay that. I mean, it's going to
be tough to move because I mean, to hire somebody to move you these
days, it's expensive. I don't know how in the hell I'm going to do it?
https://www.cbc.ca/news/
$400 rent increase leaves Fredericton senior scrambling to find
affordable apartment
'I was in shock,' says Bernadette McGregor, who sees few housing options
Alexandre Silberman · CBC News · Posted: Dec 03, 2020 2:09 PM AT
"Jason Fillmore, regional director of Canada Homes for Rent, declined
an interview with CBC News.
FIllmore said in a statement that he's sympathetic, but the increase
to $1,200 a month is typical of the market in that area of Lincoln."
http://www.3dprop.ca/senior-
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looking for that next step in their career. If you feel this would be
an opportunity you would like to discuss or if you know of anyone,
please contact Jason Fillmore at 506-721-6396 and e-mail resume to
info@3dprop.ca
The Owner
Matt Doherty, who has lived in Quispamsis for more than 30 years, has
been involved in Property Management since 2006. In 2010 he started 3D
Property Management and has since helped grow the company through
solid management as well as real estate investing.
Mr. Doherty has been involved in his community from an early age.
Appointed to the United Way Board of Directors at the age of 25,
Doherty served for 10 years. A football coach for the KV Bantam
Football team in 2009 and continuing on as Defensive Coach with the
Rothesay High RedHawks, Doherty joined the Rothesay High School PSSC
Committee in 2009 and chaired the committee from 2010-2012. He serves
on the board of Directors of the Saint John Apartment Owners
Association.
3D Property Management,
215 Wentworth Street,
Saint John, E2L 2T4
Phone: 506-631-8002
Email: admin@3dprop.ca
Office Hours: Mon-Sat 9:00 AM to 5:00 PM
https://www.country94.ca/2010/
An NDP candidate comes forward in Quispamsis
Saint John, NB, Canada / Country 94 News
Apr 21, 2010 | 10:55 AM
A Quispamsis small businessman is seeking the NDP nomination in the town.
Matt Doherty has lived in Quispamsis for more than 30 years and
launched an IT business in 2006 and is also partner in a property
management company.
In a release, Doherty says it’s time for Quispamsis to have real local
representation.
He adds the NDP is running on a sensible and restrained platform that
will help our community develop.
Doherty lives in Quispamsis with his wife and two sons.
https://foursquare.com/v/matt-
Matt Doherty NDP Campaign Headquarters
315 Hampton road
Quispamsis NB
https://www.cbc.ca/news/
N.B. NDP leader resigns
Party will hold leadership convention within six months
CBC News · Posted: Oct 25, 2010 9:44 AM AT
NDP Leader Roger Duguay, pictured here on election night, announced at
a Monday news conference that he will resign from the party's
leadership. ((CBC))
New Brunswick NDP Leader Roger Duguay is resigning as party leader
after failing to win a seat in the Sept. 27 election.
Under Duguay's leadership, the New Democratic Party won more than 10
per cent of the vote, more than double the party's showing in the 2006
election.
"Across New Brunswick, even in the face of a Conservative tide, the
NDP showed the biggest gains of all the political parties," Duguay
told a Monday news conference.
But Duguay was unable to win personally in the northeastern riding of
Tracadie-Sheila. The NDP leader spent nearly the entire 32-day
election period campaigning in the riding but still only placed second
to Conservative Claude Landry, who held the seat in the last
legislature.
The NDP attracted roughly 40,000 votes in the Sept. 27 election but
didn't manage to win a seat. The party has been shut out of the
provincial legislature since its former leader, Elizabeth Weir,
resigned in 2005.
Duguay issued a parting challenge to Premier David Alward. The
outgoing NDP Leader said he wants the Progressive Conservative
government to bring forward a system of proportional representation.
The former Bernard Lord government struck a Commission on Legislative
Democracy that recommended a system of proportional representation.
Lord had promised to hold a referendum on the issue, but he was
defeated before having a chance to hold a public vote on the issue.
Alward's Tories did not talk about electoral reform in the recent election.
Duguay won the party's leadership in October 2007. Before entering
politics, Duguay was a school teacher and a priest.
Now that his political career is over, Duguay said he will teach
school in the Acadian peninsula.
2011 leadership convention
The NDP will hold a leadership convention that will take place in the
next six months, according to Dominic Cardy, a party spokesman.
Cardy said the party wants to take advantage of the momentum created
for the party.
"We have a lot of strengths going forward," Cardy said.
"It is sad that Mr. Duguay will not be leading us in the next four
years, but he left the party in good shape."
The Conservatives trounced the ruling Liberals in the September
election. Under Duguay's leadership, the NDP repeatedly attacked the
spending promises made by the more traditional parties.
He said New Brunswick could not afford the promises, and in the
party's television ad, he accused the two parties of driving the
province over a debt cliff.
Alward praised Duguay in a news release on Monday.
"On behalf of the government of New Brunswick, I wish to pay tribute
to Roger Duguay for his proven commitment to public service in our
province," he said.
"Mr. Duguay did a great deal to ensure more people had their views
heard in our society and, ultimately, to strengthen democracy in New
Brunswick. He can be very proud of his legacy as a member, as a
candidate and, for the past three years, as the leader of the NDP."
Party members react
Jason Purdy, a defeated NDP candidate in the Fredericton-Lincoln
riding, said the departing leader would be missed inside the party.
"Roger will definitely be missed by the NDP, he is a very dedicated,
honest and caring individual," Purdy said in a post on Twitter.
Matt Doherty, a defeated NDP candidate in the Quispamsis riding, said
Duguay's leadership should be celebrated considering the challenges he
faced.
"I don't think people will be critical of the fact he didn't win his
seat or any others. What I focus on is the actual success there,"
Doherty said.
"We got the second-highest percentage of the popular vote in the
history of the party in New Brunswick. That speaks volumes to the type
of leader that he was."
Doherty said the outgoing leader will be remembered for the civility
he demonstrated even under the intense glare of an election campaign.
"Roger had an aura of graciousness about him, and you could see it in
the leaders' debates — both the English and the French ones," Doherty
said.
"He is above petty politics. I think we need more of that."
The party will select an interim leader when the executive meets in
late November.
CBC's Journalistic Standards and Practices
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Sat, 4 Sep 2021 15:07:29 -0300
Subject: Fwd: YO Higgy I wonder if your lawyer buddy Mr Letson told
his political partner Mel about this email yet
To: john.reist@greenparty.ca, richard.warren@ndp.ca
Cc: motomaniac333 <motomaniac333@gmail.com>
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 2 Sep 2021 13:54:55 -0300
Subject: YO Higgy I wonder if your lawyer buddy Mr Letson told his
political partner Mel about this email yet
To: "blaine.higgs" <blaine.higgs@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, abruce.lji@gmail.com,
jake@porthawkesburyreporter.
http://voteseanfraser.ca/
(902) 695-3505
Send Message
info@voteseanfraser.ca
---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 28 Jan 2021 01:25:32 +0000
Subject: Automatic reply: YO Higgy I wonder if your lawyer buddy Mr
Letson or anyone else recalls this email
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: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 21:21:37 -0400
Subject: YO Higgy I wonder if your lawyer buddy Mr Letson or anyone
else recalls this email
To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Roger.L.Melanson"
<roger.l.melanson@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, peter.loewen@utoronto.ca,
jeveritt@unb.ca, "jp.lewis" <jp.lewis@unb.ca>, ddesserud
<ddesserud@upei.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
<len.hoyt@mcinnescooper.com>, "Mark.Blakely"
<Mark.Blakely@rcmp-grc.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>,
mletson@lawsoncreamer.com, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"robert.gauvin" <robert.gauvin@gnb.ca>, "Ross.Wetmore"
<Ross.Wetmore@gnb.ca>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 28 Jun 2019 14:48:37 -0400
Subject: Re: Yo Gerry Lowe so much for political experts EH?
To: peter.loewen@utoronto.ca, "gerry.lowe" <gerry.lowe@gnb.ca>,
mletson@lawsoncreamer.com, jeveritt@unb.ca, "jp.lewis"
<jp.lewis@unb.ca>, ddesserud <ddesserud@upei.ca>, "Kim.Poffenroth"
<Kim.Poffenroth@gnb.ca>, "Paul.Harpelle" <Paul.Harpelle@gnb.ca>,
thomas.oneil@mcinnescooper.com
Cc: David Amos <david.raymond.amos333@gmail.
<Connell.Smith@cbc.ca>
'Astonishingly low' chance of PC win if rejected ballots distributed
fairly, court told
U of T professor Peter Loewen proposes statistical formulas for
distributing rejected ballots
Connell Smith · CBC News · Posted: Jun 27, 2019 6:00 AM AT
On 6/28/19, David Amos <motomaniac333@gmail.com> wrote:
>>
>> ---------- Forwarded message ----------
>> From: Sean.Fraser@parl.gc.ca
>> Date: Tue, 5 Mar 2019 16:58:02 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting the office of Sean Fraser, Member of
>> Parliament for Central Nova.
>>
>> This is to assure you that your email has arrived, and that we
>> appreciate hearing from you.
>>
>> If your matter is urgent, please contact our New Glasgow constituency
>> office toll-free at 1-844-641-5886 between the hours of 8:30-4:30pm,
>> and we will do our best to resolve your issue, or otherwise assist
>> you.
>>
>> Thank you and have a great day!
>>
>> New Glasgow
>> 2A-115 MacLean Street B2H 4M5
>> Toll-free 1-844-641-5886
>> 902-752-0226
>>
>> Antigonish
>> 200-155 Main Street B2G 2B6
>> 902-867-2919
>>
>> Ottawa
>> 110 Confederation Building K1A 0A6
>> 613-992-6022
>>
>> Facebook:
>> facebook.com/SeanFraserMP<http
>> Twitter: @SeanFraserMP<https://twitter.
>> Instagram: SeanFraserMP<https://www.
>> www.seanfrasermp.ca
>>
>> Toll free: 1-844-641-5886
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Tue, 5 Mar 2019 16:59:16 +0000
>> Subject: Automatic reply: RE Federal Court Court File No. T-1557-15 I
>> feel compelled to ask does Andy Scheer or Seamus O'Regan or the rest
>> you recall this email?
>> To: David Amos <motomaniac333@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.
>>
>> If you are reporting a factual error please forward your email to
>> publiceditor@globeandmail.com<
>>
>> Letters to the Editor can be sent to letters@globeandmail.com
>>
>> This is the correct email address for requests for news coverage and
>> press releases.
>>
>>
>>
>> ---------- Original message ----------
>> From: "Hon.Ralph.Goodale (PS/SP)" <Hon.ralph.goodale@canada.ca>
>> Date: Tue, 12 Feb 2019 17:50:29 +0000
>> Subject: Automatic reply: The Honourable Thomas Albert Cromwell can
>> never deny that I tried to inform him of what the RCMP, the CBC and
>> his latest client Jody Wilson-Raybould knows Correct Me Butts?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Merci d'avoir ?crit ? l'honorable Ralph Goodale, ministre de la
>> S?curit? publique et de la Protection civile.
>> En raison d'une augmentation importante du volume de la correspondance
>> adress?e au ministre, veuillez prendre note qu'il pourrait y avoir un
>> retard dans le traitement de votre courriel. Soyez assur? que votre
>> message sera examin? avec attention.
>> Merci!
>> L'Unit? de la correspondance minist?rielle
>> S?curit? publique Canada
>> *********
>>
>> Thank you for writing to the Honourable Ralph Goodale, Minister of
>> Public Safety and Emergency Preparedness.
>> Due to the significant increase in the volume of correspondence
>> addressed to the Minister, please note there could be a delay in
>> processing your email. Rest assured that your message will be
>> carefully reviewed.
>> Thank you!
>> Ministerial Correspondence Unit
>> Public Safety Canada
>>
>>
>>
>> ---------- Original message ----------
>> From: charlie.angus@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +0000
>> Subject: Autoreply
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting my parliamentary office. This automated
>> response is to assure you that your message has been received and will
>> be reviewed as soon as possible, noting that constituents of Timmins -
>> James Bay will be given priority. Due to the high volume of
>> correspondence received, I am not able to respond personally to every
>> inquiry. In most cases, anonymous, cc'd, and forwarded items will not
>> receive a response.
>>
>> If you have submitted a request for assistance please insure you have
>> included your full name, your mailing address and daytime telephone
>> number. To reach my community offices directly, please contact:
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>> Thank you kindly,
>>
>> Charlie Angus
>>
>> Member of Parliament for Timmins - James Bay
>>
>> Je vous remercie d'avoir communiqué avec mon bureau parlementaire. La
>> présente réponse automatique vous est envoyée pour vous informer que
>> votre message a été reçu et qu'il sera examiné le plus rapidement
>> possible, la priorité étant accordée aux électeurs de Timmins - Baie
>> James. En raison du volume élevé de correspondance reçue, je ne peux
>> répondre personnellement à chaque demande. Dans la plupart des cas,
>> les lettres anonymes, copies conformes et pièces transmises resteront
>> sans réponse.
>>
>> Si vous présentez une demande d'aide, n'oubliez pas d'indiquer votre
>> nom au complet, votre adresse postale et votre numéro de téléphone
>> (jour). Pour joindre directement mes bureaux locaux, veuillez
>> composer :
>>
>>
>> Timmins 1-866-935-6464
>>
>> Kirkland Lake 1-866-504-2747
>>
>> Cochrane 1-705-465-1315
>>
>>
>> Cordiales salutations,
>>
>> Charlie Angus
>>
>> Député de Timmins - Baie James
>>
>>
>>
>> ---------- Original message ----------
>> From: Elizabeth.May@parl.gc.ca
>> Date: Tue, 12 Feb 2019 17:50:40 +0000
>> Subject: Thank you for contacting the Office of Elizabeth May, O.C., M.P
>> To: motomaniac333@gmail.com
>>
>> Thank you for contacting me. This response is to assure you that your
>> message has been received. I welcome and appreciate receiving comments
>> and questions from constituents.
>>
>> I receive a much larger volume of correspondence (postal and email)
>> than the average MP. All emails are reviewed on a regular basis,
>> however due to the high volume of emails my office receives, I may not
>> be able to respond personally to each one.
>>
>> My constituents in Saanich-Gulf Islands are my highest priority. If
>> you are a constituent, please email
>> elizabeth.may.c1a@parl.gc.ca<
>> help me serve you better, please ensure that your email includes your
>> full name and street address with your postal code.
>>
>>
>> For meeting requests and invitations, please email
>> requests@greenparty.carequests
>>>.
>>
>> Thank you once again for contacting me.
>>
>>
>>
>> Elizabeth May, O.C.
>>
>> Member of Parliament
>>
>> Saanich - Gulf Islands
>>
>> Leader of the Green Party of Canada
>>
>> --
>>
>> Je vous remercie d'avoir communiqué avec moi. La présente réponse vous
>> confirme que votre message a été reçu. Les questions et les
>> commentaires des électeurs sont toujours les bienvenus.
>>
>> Je reçois une correspondance (postale et électronique) beaucoup plus
>> abondante que le député type. Tous les messages électroniques sont lus
>> régulièrement, mais, en raison de l'abondance des courriels reçus à
>> mon bureau, il se peut que je ne sois pas en mesure de répondre
>> personnellement à chacun d'entre eux.
>>
>> Mes électeurs de Saanich-Gulf Islands passent en premier. Si vous êtes
>> un électeur, veuillez écrire à
>> elizabeth.may.c1a@parl.gc.ca<
>> Pour m'aider à mieux vous servir, veillez à ce que votre courriel
>> comporte votre nom complet, votre adresse municipale et votre code
>> postal.
>>
>> Pour les demandes de rencontre et les invitations, veuillez écrire à
>> requests@greenparty.carequests
>>
>> Je vous remercie encore d'avoir communiqué avec moi.
>>
>>
>> Elizabeth May, O.C.
>>
>> Députée à la Chambre des communes
>>
>> Saanich-Gulf Islands
>>
>> Chef du Parti vert du Canada
>>
>>
>>
>>
>> ---------- Original message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 12 Feb 2019 13:50:13 -0400
>> Subject: The Honourable Thomas Albert Cromwell can never deny that I
>> tried to inform him of what the RCMP, the CBC and his latest client
>> Jody Wilson-Raybould knows Correct Me Butts?
>> To: TCromwell@blg.com, catharine.tunney@cbc.ca,
>> Jody.Wilson-Raybould@parl.gc.
>> Gerald.Butts@pmo-cpm.gc.ca, andrew.scheer@parl.gc.ca,
>> JagmeetForBurnaby@ndp.ca,
>> charlie.angus@parl.gc.ca, elizabeth.may@parl.gc.ca,
>> Hunter.Tootoo@parl.gc.ca, tony.clement.a1@parl.gc.ca,
>> hon.ralph.goodale@canada.ca, Hon.Dominic.LeBlanc@canada.ca,
>> Larry.Tremblay@rcmp-grc.gc.ca, Gilles.Blinn@rcmp-grc.gc.ca,
>> Mark.Blakely@rcmp-grc.gc.ca, martin.gaudet@fredericton.ca
>> Cc: david.raymond.amos@gmail.com, darrow.macintyre@cbc.ca,
>> jp.lewis@unb.ca, Jacques.Poitras@cbc.ca, David.Akin@globalnews.ca,
>> steve.murphy@ctv.ca, Newsroom@globeandmail.com, news@kingscorecord.com
>>
>>
>> ---------- Original message ----------
>> From: Jody.Wilson-Raybould@parl.gc.
>> Date: Wed, 23 Jan 2019 10:07:59 +0000
>> Subject: Automatic reply: RE:: DAVID RAYMOND AMOS v. HMQ - COURT FILE
>> NO.: A-48-16 , Attn Lorri Warner have you and your bosses talked the
>> RCMP and the FBI YET???
>> To: motomaniac333@gmail.com
>>
>> Thank you for writing to the Honourable Jody Wilson-Raybould, Member
>> of Parliament for Vancouver Granville.
>>
>> This message is to acknowledge that we are in receipt of your email.
>> Due to the significant increase in the volume of correspondence, there
>> may be a delay in processing your email. Rest assured that your
>> message will be carefully reviewed.
>>
>> To help us address your concerns more quickly, please include within
>> the body of your email your full name, address, and postal code.
>>
>>
>>
>> Thank you
>>
>> -------------------
>>
>> Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de
>> Vancouver Granville.
>>
>> Le pr?sent message vise ? vous informer que nous avons re?u votre
>> courriel. En raison d'une augmentation importante du volume de
>> correspondance, il pourrait y avoir un retard dans le traitement de
>> votre courriel. Sachez que votre message sera examin? attentivement.
>>
>> Pour nous aider ? r?pondre ? vos pr?occupations plus rapidement,
>> veuillez inclure dans le corps de votre courriel votre nom complet,
>> votre adresse et votre code postal.
>>
>>
>>
>> Merci
>>
>>
>> The Honourable Thomas Albert Cromwell C.C.
>> Senior Counsel
>>
>> Phone: 604.632.3460
>> Fax: 604.662.5327
>> TCromwell@blg.com
>>
>> https://www.cbc.ca/news/
>>
>> Jody Wilson-Raybould resigns from cabinet after SNC-Lavalin allegations
>>
>> Catharine Tunney · CBC News · Posted: Feb 12, 2019 11:39 AM ET
>>
>> "Wilson-Raybould, who plans to stay on as MP for Vancouver-Granville,
>> has been quiet since the Globe and Mail story broke, saying she can't
>> comment because she's bound by solicitor-client privilege.
>>
>> In her resignation letter, she said she has retained the services of
>> lawyer Thomas Cromwell, a former justice of the Supreme Court of
>> Canada, to advise her on "topics that I am legally permitted to
>> discuss on this matter."
>>
>> In an email to CBC News, Cromwell said he would not be making any
>> statements or doing any interviews."
>>
>>
>> https://davidraymondamos3.
>>
>>
>> Tuesday, 26 February 2019
>>
>> NDP Leader Jagmeet Singh claims victory in Burnaby South byelection
>>
>>
>>
>> David Amos
>> Methinks it should be fairly obvious as to why the lawyer Melanie Joly
>> who is our current Minister of Tourism, Official Languages and La
>> Francophonie is smiling N'esy Pas?
>>
>> https://rbendayan.liberal.ca/
>>
>> "Rachel built a successful legal practice at Norton Rose Fulbright in
>> the field of litigation and international arbitration while also
>> teaching at the Faculty of Law of the Université de Montréal. She then
>> served as Chief of Staff to the federal Minister of Small Business and
>> Tourism, where she played a key role in developing the Liberal
>> government’s women’s entrepreneurship strategy"
>>
>> ---------- Original message ----------
>> From: Newsroom <newsroom@globeandmail.com>
>> Date: Sun, 10 Feb 2019 17:21:06 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> To: David Amos <david.raymond.amos333@gmail.
>>
>> 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.
>>
>> If you are reporting a factual error please forward your email to
>> publiceditor@globeandmail.com<
>>
>> Letters to the Editor can be sent to letters@globeandmail.com
>>
>> This is the correct email address for requests for news coverage and
>> press releases.
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Premier of Ontario | Premier ministre de l’Ontario
>> <Premier@ontario.ca>
>> Date: Sun, 10 Feb 2019 17:21:05 +0000
>> Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
>> ethical politcal soul in York-Simcoe before the 12th
>> 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.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: "Singh - QP, Jagmeet" <JSingh-QP@ndp.on.ca>
>> Date: Fri, 19 May 2017 16:39:35 +0000
>> Subject: Automatic reply: Re Federal Court File # T-1557-15 and the
>> upcoming hearing on May 24th I called a lot of your people before High
>> Noon today Correct Ralph Goodale and Deputy Minister Malcolm Brown?
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>> For immediate assistance please contact our Brampton office at
>> 905-799-3939 or jsingh-co@ndp.on.ca
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Michael Cohen <mcohen@trumporg.com>
>> Date: Thu, 11 Jan 2018 05:54:40 +0000
>> Subject: Automatic reply: ATTN Blair Armitage You acted as the Usher
>> of the Black Rod twice while Kevin Vickers was the Sergeant-at-Arms
>> Hence you and the RCMP must know why I sued the Queen Correct?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Effective January 20, 2017, I have accepted the role as personal
>> counsel to President Donald J. Trump. All future emails should be
>> directed to mdcohen212@gmail.com and all future calls should be
>> directed to 646-853-0114.
>> ______________________________
>> This communication is from The Trump Organization or an affiliate
>> thereof and is not sent on behalf of any other individual or entity.
>> This email may contain information that is confidential and/or
>> proprietary. Such information may not be read, disclosed, used,
>> copied, distributed or disseminated except (1) for use by the intended
>> recipient or (2) as expressly authorized by the sender. If you have
>> received this communication in error, please immediately delete it and
>> promptly notify the sender. E-mail transmission cannot be guaranteed
>> to be received, secure or error-free as emails could be intercepted,
>> corrupted, lost, destroyed, arrive late, incomplete, contain viruses
>> or otherwise. The Trump Organization and its affiliates do not
>> guarantee that all emails will be read and do not accept liability for
>> any errors or omissions in emails. Any views or opinions presented in
>> any email are solely those of the author and do not necessarily
>> represent those of The Trump Organization or any of its affiliates.
>> Nothing in this communication is intended to operate as an electronic
>> signature under applicable law.
>>
>>
>>
>> ---------- 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: "Eidt, David (OAG/CPG)" <David.Eidt@gnb.ca>
>> Date: Wed, 1 Mar 2017 00:33:21 +0000
>> Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
>> would not file this motion and properly witnessed affidavit and why
>> did she take all four copies?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until Monday, March 13, 2017. I will have
>> little to no access to email. Please dial 453-2222 for assistance.
>>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.
>> Date: Fri, 12 Aug 2016 13:16:46 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until August 15, 2016. Je serai absent du
>> bureau jusqu'au 15 août 2016.
>>
>>
>>
>>
>>
>>> ---------- 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
>>>
>>
>>
>> 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
>>
>
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 27 Jan 2021 00:00:38 -0400
Subject: EUB 486 Irving bullshit and Kent Group Ltd.
To: motomaniac333 <motomaniac333@gmail.com>
ACTING CHAIRPERSON: Okay. Thank you. So that being considered, so
those minimum filing requirements that are included in the letter of
January the 19th 2021 by Mr. Letson to the chief clerk will be, at a
minimum, the information that needs to be provided to the chief clerk
prior to the first round of IRs.
Just one comment, Mr. Hoyt, the Board will be retaining an independent
expert which will be Mr. Jason Parent from the Kent Group. And I also
understand that Mr. Parent may have some comment regarding on the
proposed MFR. So if that is an issue, we will be informing the
applicant if there is any other requirements of the minimal filing
requirements once he starts his process of reviewing the information.
Kent Group Ltd.
367 Princess Ave.
London, Ontario
N6B 2A7
Jason.Parent@kalibrate.com
519-672-7000 x 112
Jason Parent is the Managing Director at Kent Group Ltd. His
responsibilities encompass a range of project management roles, as
well as the analysis and reporting of data for our clients. Mr.
Parent’s functional specialties include the areas of regulatory
analysis, petroleum market and price/ margin analysis, forecasting and
performance benchmarking.
Mr. Parent has seventeen years experience in providing consulting and
performance data analysis in the petroleum industry. This industry
expertise is supported by a degree in Business Administration, having
graduated with distinction. Jason plays a vital role in the management
of relationships with our extensive client base, meeting their needs
through a diverse range of services including consulting and custom
project work, development of custom data delivery and reporting, as
well as assisting clients in the development of specific project needs
and deliverables.
Media release January 7, 2021
The New Brunswick Energy and Utilities Board has received an
application from Irving Oil requesting an interim increase to the
wholesale margins for motor fuels and furnace oil of $0.035/litre, as
well as a final order increasing the wholesale margin for motor fuels
from $0.0651/litre to $0.1054/litre and an increase to the wholesale
margin for furnace oil from $0.055/litre to $0.0963/litre.
The Board has set a pre-hearing conference for Monday, January 25 at
9:30 a.m. for the Board to consider the following:
a. Minimum Filing Requirements;
b. The specific process that will be used by the Board to consider
this application;
c. An appropriate filing schedule;
d. Intervenor Requests;
e. Irving Oil’s request for an interim order under section 40 of the
EUB Act, including any written or oral submission of approved
Intervenors; and,
f. Any other relevant issue.
The pre-hearing conference will be held via the Zoom Web Conference
platform. Interested parties can visit the Board’s website at
www.nbeub.ca for details on how to request to intervene.
The application and related documents can be viewed at www.nbeub.ca by
searching Matter number 486.
The Board’s proceedings are open the general public to attend and
observe, and as such, the Board invites any person or organization
interested in observing the proceedings to contact the Board at
general@nbeub.ca to obtain the sign-in information for any of the
upcoming hearings.
For more information contact:
Kathleen Mitchell
506-658-2504
VIA EMAIL
January 19, 2021
Kathleen Mitchell, Chief Clerk
New Brunswick Energy & Utilities Board
PO Box 5001
Saint John, NB E2L 4Y9
Dear Ms. Mitchell:
Re: An Application by Irving Oil Marketing G.P. and Irving Oil
Commercial G.P. (Matter 486), Our File No. 6994-009
Further to the Order of the Energy and Utilities Board (Board) in this
Matter dated January 8, 2021, wherein it indicated that it will
consider, inter alia, minimum filing requirements for this Matter, we
are writing to advise of the Board staff’s recommendations on that
point. To assist in the review of the application, Board staff
recommends the adoption of the following minimum filing requirements:
1) The information related to the factors the Board must consider as
set out at subsection 9(1) of NB Regulation 2006-41:
a. Cost of transporting fuel from New York Harbor
b. Volumes of sales
c. Storage Costs
d. Inventory turnover rates
e. Applicable levies and insurance costs
2) The underlying calculations for the tables found at page 1 of
Appendix A of Exhibit IO 1.02
3) All supporting documentation for the following information
contained on page 2 of Appendix A
a. Terminal fees,
b. Transportation and Port Fees,
c. Working Capital Management and Overhead,
d. Federal Compliance Costs
4) Please provide the total sales
In addition, we advise that Board staff expect to retain an
independent expert to review the application and file evidence in
Matter 486. The expert may have additional recommendations for minimum
filing requirements, and if so, those recommendations will be provided
to all parties prior to the Pre-hearing Conference scheduled for
January 25th, 2021.
We trust you will find this in order.
Yours very truly,
LAWSON CREAMER
Matthew R. Letson (P.C.*), Partner
Direct: (506) 633-3533
mletson@lawsoncreamer.com
Darren Gillis
Irving Oil
10 King Square South
Saint John, NB E2L 0G3
Telephone: (506) 647-4162
Email: darren.gillis@irvingoil.com
Scholten's Grocery
90 Hubbard Road
Fredericton NB E3B 6B4
Chris.Scholten@Scholtens.ca
(506) 459-4643
Jerry.Scholten@Scholtens.ca
(506) 457-0566
Hafsah Mohammad, Organizational Representative
Grassroots NB
114 Somerset Drive
Moncton, NB E1A 3T9
(587) 597 - 2953
nb.grassroots@gmail.com
Jennifer Bueno
Solidarité Fredericton Solidarity Volunteer
Solidarité Fredericton Solidarity
15-215 Main Street, Fredericton, NB, E3A 1E1
(506) 962-0521
jennifer.bueno@unb.ca
Simon Ouellette
Solidarité Fredericton Solidarity
4-122 Aberdeen Street, Fredericton, NB E3R 1R5
(506) 229-6038
ouellette.acadie@gmail.com
Lynaya Astephe, Chair
Leap4wards
1877 Red Head Rd,
Saint John, NB E2P 1J5
[506-653-7959
leap4wards@gmail.com
Aditya Rao, Human Rights Representative
Canadian Union of Public Employees
91 Woodside Lane
Fredericton, NB E3C 0C5
(506) 247-0137
arao@cupe.ca
Abram Lutes,
Provincial Coordinator
New Brunswick Common Front for Social Justice
236 St George St, Suite 412
Moncton, NB E1C 1W1
506-855-8977
frontnb@bellaliant.net
https://www.facebook.com/
(506) 660-0028
Contact. 506-262-3353 meryl.sarty@gmail.com ...
travis-ppc.nbsw@protonmail.com
Letters
Mary Milander
Saint John
Denis Y. Boulet
Brent Theriault
Sunny Corner Enterprises Inc
Eric Lloyd President
259 Dalton Ave.
Miramichi, NB
E1V 3C4
Tel: (506) 622-5600
info@sunnycorner.ca
Lorneville Mechanical Contractors Ltd.
75 Stinson Drive
Saint John, NB E2M 7E3
Jim Brewer President
Todd Bethune, CFO
Styve Dumouchel, CEO
(506) 635-8090
New Brunswick Building Trades Council
Jean-Marc Ringuette, President
26 Kiwanis Court
Saint John, NB E2K 4L2
Phone: (506) 635-1221
jeanmarc@ibew502.ca
https://www.cbc.ca/news/
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Energy and Utilities Board holds first hearing into requested
wholesale margin increases today
Robert Jones · CBC News · Posted: Jan 25, 2021 7:26 AM AT
An initial hearing into Irving Oil's request for increases in
petroleum wholesale prices begins today in front of the New Brunswick
Energy and Utilities Board with supporters raising the stark prospect
of the company shutting down if it does not get what it is asking for
and skeptics warning the board against being manipulated.
"We must be cautiously aware that no business is too big to fail,"
read one letter on the issue received and posted publicly last week by
the EUB.
"They are playing the Board," read another about the company's application.
New Brunswick adopted petroleum price regulation in 2006 and put the
Energy and Utilities Board in place to oversee it. Currently
wholesalers are allowed to add 6.51 cents per litre to the price of
motor fuels they handle (gasoline and diesel) and 5.5 cents per litre
to furnace oil.
Irving Oil is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
New Brunswick's Energy and Utilities Board has scheduled a full
hearing into Irving Oil's request for wholesale petroleum price
increases for March 30. It will hear arguments Monday for and against
an emergency interim increase. (Robert Jones/CBC News)
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013, but the company says fundamental changes in the oil industry and
a sudden collapse in demand for petroleum products caused by the
COVID-19 pandemic have rendered those old amounts obsolete.
"Petroleum pricing regulations in New Brunswick were created 15 years
ago," Darren Gillis, Irving Oil chief marketing officer, said in an
affidavit supporting the application. "They did not contemplate the
challenges of the last several years and were not designed to react to
a global pandemic."
If granted in full, the increases would apply to all New Brunswick
wholesalers and would cost consumers about $60 million per year in
higher retail prices.
The Energy and Utilities Board has tentatively scheduled a full
hearing into the matter for the end of March, but in its application
Irving Oil said its situation is dire and it cannot wait that long for
relief.
Irving Oil's Darren Gillis is heading the company's effort to have the
Energy and Utilities Board approve $60 million in increased petroleum
margins for New Brunswick wholesalers. (Irving Oil)
Instead it is asking for 85 per cent of the requested increase on
motor fuels (3.5 cents) and 99 per cent of the increase on furnace oil
(3.0 cents) to be granted immediately pending the outcome of the full
hearing next spring.
"The entire supply chain in under pressure and at risk," Gillis said
in the application. "COVID-19 has exacerbated challenges for the
industry and urgent action is required."
That tone has alarmed supporters of Irving Oil who fear the company is
in trouble. Last week, the company announced layoffs at its Saint
John refinery and worried suppliers have been mobilizing to urge the
EUB to grant its request in full.
Eric Lloyd is president of Sunny Corner Enterprises Inc., an
industrial construction firm in Miramichi that does business with
Irving Oil.
Lloyd wrote to the EUB to say it "must take action to understand the
economic forces that are stressing a very important contributor to our
economy," and warned it is not "too big to fail" in asking its request
be granted.
Hafsah Mohammad is with the Moncton social justice and climate action
group Grassroots NB, one of several groups registered to oppose Irving
Oil's application. (Tori Weldon/CBC News)
Another Irving supplier, Lorneville Mechanical Contractors Ltd. in
Saint John, also sent a letter expressing concern about the company's
financial health.
"We understand that Irving Oil has identified New Brunswick's highly
regulated fuel pricing system as a challenge to its ability to operate
reliably and sustainably," wrote Lorneville's president Jim Brewer, in
endorsing immediate increases.
Local building trade unions warned the viability of the refinery
itself could hinge on the EUB's decision.
"It would be devastating to lose this asset," wrote union president
Jean-Marc Ringuette in his letter supporting Irving Oil's request.
But others are skeptical.
A number of anti-poverty, union and social justice organizations have
signed up to oppose Irving Oil's application and a clutch of private
citizens, like Saint John resident Mary Milander, also sent letters
opposing the increase.
"I believe that that the people of Saint John and the whole province
have suffered financially much more than the oil industry during the
pandemic," Milander wrote to the board.
Natural Resources and Energy Development Minster Mike Holland stoked
early controversy about Irving Oil's request by writing a letter to
the Energy and Utilities Board telling it the application should be
dealt with quickly. (Radio-Canada)
Although yet to start, the hearing has already been highly
controversial following news last week that New Brunswick Natural
Resources Minister Mike Holland sent his own letter to the EUB
expressing concerns about Irving Oil's ability to supply products at
current prices.
That led to criticism from all three opposition parties and a call for
Holland to resign from Green Party Leader David Coon. Premier Blaine
Higgs defended Holland's intervention.
The EUB has granted interim relief to applicants in other cases
before, but normally on the condition money collected from consumers
be returned if the increases are later found to be unjustified.
A complicating factor in Irving Oil's application for immediate relief
is that Gillis has acknowledged that other than home heating oil
sales, returning money to customers will not be possible.
"In the unlikely case the permanent increase for motor fuels is lower
than the interim increase, Irving Oil cannot effectively and fairly
rebate the difference," he said.
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Irving Oil request for 'urgent' wholesale price hike stalls over
redacted evidence
Energy and Utilities Board adjourns to allow groups opposing price
increase to argue for access to evidence
Robert Jones · CBC News · Posted: Jan 25, 2021 5:58 PM AT
Irving Oil Ltd. is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54.9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
(Devaan Ingraham/Reuters )
Irving Oil's attempt to win immediate wholesale petroleum price
increases from the New Brunswick Energy and Utilities Board stalled
quickly Monday over objections from a variety of community
organizations that too much of the application is based on secret
material.
"The amount of information that is redacted in these documents makes
it very difficult for our organization to meaningfully participate,"
said Abram Lutes with the New Brunswick Common Front for Social
Justice
"It limits our ability to participate meaningfully and to advocate on
behalf of low income workers and people in poverty."
Several other groups expressed similar concerns and the EUB's acting
Chair Francois Beaulieu scheduled a hearing Friday morning to deal
with the objections. That forced a delay in Irving Oil's request for
immediate increases in wholesale petroleum margins at least until next
week.
Francois Beaulieu, acting chair of the Energy and Utilities Board,
scheduled a hearing Friday morning to deal with objections to Irving
Oil's requests. (Graham Thompson/CBC)
"The board will adjourn and we'll await the interveners to file their
objections," said Beaulieu.
Until recently, Irving Oil has shown little outward concern about
petroleum wholesale margins in New Brunswick. Since 2016, it twice
declined to participate in scheduled reviews of the issue by the
board, including the latest one launched in 2019.
COVID-19 has affected business
But the company says the COVID-19 pandemic has hit its business hard,
and it now requires immediate changes.
In prepared remarks for the EUB on Monday that he was ultimately
unable to deliver before proceedings adjourned Irving Oil marketing
president Darren Gillis planned to outline the company's hardships
"We've reduced spending across the company, cancelled projects, and
unfortunately reduced our employee and contractor workforce," said the
prepared remarks.
"Significant sales declines (Jet Fuel, Marine Fuel and Transportation
Fuel) and higher costs are having a serious impact on the entire
supply chain. No one, no company is insulated from the impacts of the
pandemic, including Irving Oil."
Company asks for substantial increases
The company is applying for a 62.8 per cent (4.09 cent per litre)
increase in the allowed wholesale margin for motor fuels and a 54,9
per cent (3.02 cent per litre) increase in the margin for furnace oil.
It is asking that prior to a full hearing in late March, 85 per cent
of the requested increase on motor fuels (3.5 cents) and 99 per cent
of the increase on furnace oil (3.0 cents) be granted immediately
The increases are substantially more than the 11 per cent growth in
inflation that has occurred since the margins last changed in March
2013. But much of Irving Oil's evidence in support of changes that
large is not being publicly shared to protect company operational and
financial information, an immediate sticking point Monday
Irving Oil supporters and skeptics lining up on opposite sides of
company price hike request
Beaulieu noted the EUB itself along with public intervener Heather
Black and any experts they hire are permitted to view all the
material, but that did little to satisfy several participants.
Hafsah Mohammad with the Moncton social justice and climate action
group Grassroots NB expressed support for Black's role but said more
perspectives on Irving Oil's application are needed
"I think that has a problematic element with one person speaking for
the entire public," said Mohammad.
"I thought that's why there are interveners. If it is solely on
Heather Black I am concerned with just one person being assigned to
this role."
Natural Resources and Energy Development Minister Mike Holland wrote a
letter to New Brunswick's Energy and Utilities Board, in which he said
an Irving Oil application for petroleum price increases should be
dealt with quickly. (Radio-Canada)
Mohammad also pressed Beaulieu to explain his view on a letter sent to
the EUB by Mike Holland, the New Brunswick natural resources and
energy development minister, and its effect on the hearing..
Holland wrote to the board on Jan. 6, one day after Irving Oil filed
its application, to back the company's request for an "expedited"
review.
"I did not have any intention to comment on the letter but if an
intervener does put it forward I'll comment on it," said Beaulieu.
"I'm putting it forward," said Mohammad
Beaulieu said all citizens have a right to send letters to comment on
matters before the board, and he viewed Holland's as just one of many
that have arrived from the public.
Irving oil lawyer concerned over delay
"Any person in the province of New Brunswick can comment on any
proceeding of the board," said Beaulieu "We're independent and that
will continue."
Irving Oil lawyer Len Hoyt expressed concern about delays in getting
to the request for immediate price increases, but the application is
effectively on hold for a week while the company's reliance on
confidential information is dealt with first
"The urgency and the expediency of this is of upmost importance to my
client." said Hoyt.
About the Author
Robert Jones
Reporter
Robert Jones has been a reporter and producer with CBC New Brunswick
since 1990. His investigative reports on petroleum pricing in New
Brunswick won several regional and national awards and led to the
adoption of price regulation in 2006.
CBC's Journalistic Standards and Practices
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Hanwell man sues NB Liquor over agency store contract
Moncton's Power Plus Technology won the agency store contract
CBC News · Posted: Apr 23, 2013 9:35 AM AT
A Hanwell convenience store is launching a lawsuit against NB Liquor
to ensure the proper process was put in place in approving a new
agency store licence 1:44
A Fredericton-area convenience store owner is taking NB Liquor to
court to find out why a Moncton company received an agency liquor
store in Hanwell.
NB Liquor’s decision to award Moncton’s Power Plus Technology the
contract to build an agency store next to the Trans-Canada Highway,
near Hanwell, has sparked a local controversy.
The decision has been the focus of public meetings and a petition.
Now Chris Scholten said he is preparing to take the fight to another
level to find out why the two local companies lost out to the Moncton
business.
Scholten said the only way to receive a fair and independent review of
NB Liquor’s decision is to head to court.
Chris Scholten is one of two Hanwell businessowners who lost their
bids to set up a NB Liquor agency store in the Fredericton-area
community. (CBC)
"I’m just looking for a fair, independent review of the decision
process to ensure that the right process was followed, following the
guidelines and the request for proposal to which we applied," he said.
Daniel Allain, the president of NB Liquor, said in February the Crown
corporation formed an internal agency store task force to review the
expansion of the agency store network.
At the time, Allain said the decision to create the task force was
intended to guarantee an "open and transparent process."
NB Liquor did not comment on Monday as the Hanwell decision is now
heading to court.
But Scholten said NB Liquor has not been open with him on how the
decision was made.
"Unfortunately we’ve just been hit with roadblock after roadblock. We
are just being ignored quite frankly," he said.
Scholten asked the ombudsman's office to investigate.
The office has agreed to review the file but Scholten said he's heard
nothing from the independent office so far.
But Scholten’s lawyer did hear from NB Liquor late on Monday afternoon.
The agency received documentation that had been requested a month ago
under the province’s Right to Information and Protection of Privacy
Act.
Scholten said he will look through the information with his lawyer but
he still plans to take legal action.
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NB Liquor agency store contract in Hanwell sparks anger
Social Sharing
Community group argues contract should have gone to a local bidder,
not Moncton company
CBC News · Posted: Feb 21, 2013 7:19 PM AT
Liquor store controversy
8 years ago 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition 2:03
NB Liquor's decision to award the contract for a new agency store in
Hanwell to a Moncton-based company instead of a local one has sparked
the creation of a new community group and a petition.
Gayla Macintosh, a member of the Concerned Citizens of Hanwell,
contends NB Liquor broke its own rules with the decision.
The Crown agency's guidelines call for contracts for agency stories to
be awarded to local businesses, she said.
Scholten's Convenience Store and the nearby Hanwell Village Mart had
both submitted bids to operate the new agency store.
But Power Plus Technology, owners of the Magnetic Hill Esso gas
station, was the successful bidder for the store, which will be built
next to the Trans Canada Highway near Hanwell, along with a brand gas
bar and convenience store.
"One of the guidelines is that they want it to be a centrally-located
place and this would be it — one of these two stores would be it — and
we don't know why," said Macintosh.
'Unfair' decision
NB Liquor plans to open 10 new agency stores this year. (CBC)
The group is encouraging citizens who oppose the "unfair" decision to
sign a petition supporting a Hanwell bid and to send an email
expressing their "displeasure" to the premier, finance minister, the
local MLA and the head of NB Liquor.
The decision simply doesn't make sense, said Josh Allen, a regular
customer at Scholten's.
"Better here for the economy, for Scholten's itself, bring more
business here, rather than have a business from out of town come in
and take over their clientele," he said.
NB Liquor spokeswoman Marcelle Saulnier says decisions about where the
10 new agency stores will go this year is based on customer traffic,
location and site evaluation, among other criteria.
"In this case we hired a firm to go look at the various proposals that
we accepted and they came back with a scoring," she said.
The criteria does give points for being locally-owned and operated,
but it's low on the list, said Saulnier.
None of the companies' owners would comment on Thursday.
The Concerned Citizens of Hanwell will be holding an information
session on Monday at 7 p.m. at the Starlite Lodge. The group has
invited NB Liquor CEO Daniel Allain to attend.
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NB Liquor agency store dispute in Hanwell goes to ombudsman
Convenience store owner contends contract should have gone to local bidder
CBC News · Posted: Mar 15, 2013 5:24 PM AT | Last Updated: March 15, 2013
Scholten’s Convenience Store was one of the two local businesses that
lost a bid to operate the agency store. (CBC)
The owner of a convenience store near Fredericton who lost his bid to
become an agency store for NB Liquor is taking his case to the
provincial ombudsman.
Chris Scholten, of Scholten's Convenience Store in Hanwell, contends
local bidders are supposed to be given preference.
But the Hanwell contract went to Moncton-based gas retailer Power Plus
Technology instead.
Scholten says he's gone through the NB Liquor review process, has
spoken to the president of the Crown agency and even put a call in to
the minister of finance, but is still not satisfied with the answers
he's received about why the other company won.
"We feel that even the mandate of this agency program has been
violated. We feel that the procedures that were to be followed have
been violated. And we question the evaluations of the independent
proposals as well — that they were unfairly evaluated," he said.
"So we're just looking for an independent review to make sure that the
proper decision was made."
A conceptual drawing of a proposed gas station and NB Liquor agency
store in Hanwell. (CBC)
Hanwell Village Mart had also applied to be an agency store.
Jason Lutes, the owner of Power Plus Technology, has said he believes
the matter is being blown out of proportion and denied being awarded
the contract because of any political connections.
He was already planning to build a convenience store in the area
before the call for applications from NB Liquor for an agency store,
he said.
Lutes will build the store next to the Trans-Canada Highway near
Hanwell, along with a gas bar and convenience store.
Some Hanwell residents have expressed concerns the new store will pull
business away from existing stores in the area. The issue has sparked
the creation of a new community group called Concerned Citizens of
Hanwell and a petition.
NB Liquor officials have said decisions about new agency stores are
based on customer traffic, location and site evaluation, among other
criteria.
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'Double taxation' cut will energize private sector, say N.B. business leaders
Province reducing tax on buildings like rental properties by 50%
Colin McPhail · CBC News · Posted: Mar 10, 2020 8:44 PM AT
Rental property owners and business officials say new tax cuts
announced by the Progressive Conservative government Tuesday will help
stoke the New Brunswick economy and spur construction.
Finance Minister Ernie Steeves announced a 50 per cent reduction in
the provincial non-owner-occupied property residential tax over a
four-year period starting in the 2021 taxation year.
Owners and developers have long sought to scrap the so-called "double
tax" which levies a provincial tax on top of the municipal tax for
buildings like rental properties and cottages.
Willy Scholten, president of the New Brunswick Apartment Owners
Association, said his group has been lobbying government officials on
the issue since 2004.
He believes the move will lead to new construction.
Bryan Eneas/CBC
"We have a lot of issues right now with not enough supply of rental
apartments in the province, and a lot of our association attributes a
lot of that to this double taxation," Scholten said following
Steeves's address in the legislature.
"We don't have outside people coming to the province and saying this
is a good place to do business."
The tax rate will drop from $1.233 per $100 of assessed value to
$0.5617 — or about 14.04 cents per year until 2024.
The owners' association has proposed phasing the tax out completely
over a three-year period, but Scholten said this is a step in the
right direction.
"We hope that they continue after here to the eventual full
elimination, so we are no longer offside with the rest of the
country," said Scholten, adding New Brunswick is the lone Canadian
jurisdiction to impose such a tax.
More budget day coverage:
Could the tax savings be passed onto tenants? Scholten said it's too
early to tell.
"It's not a full elimination and we don't know what's going to happen
with assessments either along the way," he said. "So we'll have to
wait to see what happens with our property tax bills."
The PCs also plan to reduce the non-residential property tax rate —
including commercial and industrial buildings — by 8.25 cents per year
until 2024. That will decrease the rate from $2.1860 per $100 of
assessment to $1.8560.
The $10.2-billion provincial budget projects a $92.4-million surplus
and to reduce the net debt by $129.3 million. The budget is buoyed,
however, by a $200-million increase in federal transfer payments.
"We have to, beyond balancing the budget, give back," Steeves told reporters.
"We thought [the tax reductions] were ones that would help businesses
and, ultimately, help a lot of New Brunswickers and, ultimately, help
the economy of New Brunswick."
'You have to focus on the private sector'
The budget struck a chord with People's Alliance Leader Kris Austin.
His party has long argued against double taxation for
non-owner-occupied properties.
"If you want true economic growth, you have to focus on the private
sector," he said. "The best way to that is tax reduction and
deregulation."
Austin said all three Alliance members will vote in favour, while
Liberal Leader Kevin Vickers maintained that his party will vote
against the budget in an attempt to topple the government.
Ed Hunter/CBC
Green Leader David Coon told reporters his caucus — and its three
crucial votes — has reserved a decision until meeting to discuss.
Also included in the budget is the Higgs government's carbon pricing
plan. It will be set at 6.6 cents per litre at the pumps — same as the
federal backstop — but the Tories will cut the New Brunswick gas tax
by 4.6 cents, creating a net two-cent increase.
The government has not passed its carbon tax legislation and if the
budget is defeated and an election is called, it won't get the chance,
meaning the federal price will be in place on April 1.
David Duplisea, CEO of the Saint John Region Chamber of Commerce, said
if that's the case, it will make New Brunswick less competitive with
neighbouring provinces like Nova Scotia.
Encouraged by the private-sector support, Duplisea said there isn't
anything in or not in the budget worth toppling the government over.
He said many of his 700 members wanted the tax breaks in one form or
another, and this creates a "positive investment climate."
"These items … we have been asking for these and we're confident that
this will help to spur investment in our respective regions and in the
province as a whole," Duplisea said.
Both the Saint John and Fredericton chambers of commerce lauded the
government for reducing the net debt and balancing the budget.
Krista Ross, CEO of the Fredericton Chamber of Commerce, specifically
highlighted the double taxation policy in a statement Tuesday.
"This will make business in New Brunswick more competitive and give us
a chance to build economic momentum, which in turn will allow
government to further reduce debt and deliver more services," Ross
said.
"In the coming years, this will be even more important as we cannot
expect to receive large increases in equalization payments on an
annual basis."
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Forcing builders to include low-income units not a solution, say developers
Social Development Minister Dorothy Shephard open to exploring
inclusionary zoning
CBC News · Posted: Dec 12, 2019 6:02 PM AT | Last Updated: December 12, 2019
The province’s practice of taxing non-owner-occupied properties
differently than owner-occupied properties has long been a complaint
among landlords and developers. (Bryan Eneas/CBC)
Two Fredericton developers question the wisdom of implementing
inclusionary zoning, a policy that forces developers to include
affordable units in their projects.
Social Development Minister Dorothy Shephard has said it would be
"interesting" to explore a proposed Montreal bylaw that would make
developers either set aside a certain number of units in their
buildings as affordable units or pay into a fund for social housing.
"I think with the help of our municipalities that it's worthy of
looking at," Shephard said.
But Jeff Yerxa, the president and CEO of Ross Ventures Ltd., said
while the idea is worth looking at, any development would still have
to make money, and mandating units could make that difficult for
certain projects.
Sees problem with some developments
"I think that every development has got its own place in the market,"
Yerxa said.
"If you're doing a big waterfront development, I think it's tough to
include affordable housing … I don't think it's reasonable for the
province to subsidize rent for affordable housing for people in, you
know, developments such as that."
Province to spend $629K on new affordable housing units over 3
years, $12M on repairs
Willy Scholten, the president of the NB Apartment Owners Association,
said he opposes any new "hurdles."
"The problem with doing this ... inclusionary zoning … is [it's]
another hurdle for development," said Scholten.
"If we start doing more and more of putting more and more hurdles we
have less development. If we have less development, we have less
units."
Scholten said the province could do more to increase development by
ending the so-called "double tax" on rental properties.
No exemption
"We need to fix that, and that'll make affordability easier and make
the whole development easier," said Scholten.
"We'll get more development. More development will mean the vacancy
rates will go up. Rental rates will go down."
The province's practice of taxing non-owner-occupied properties
differently from owner-occupied properties has long been a complaint
among landlords and developers.
'I've never felt shame like this in my life': 500 homeless, 5,000
await affordable housing
The tax sees landlords pay both municipal and provincial property
taxes on their rental properties and aren't eligible for a break on
those.
While owner-occupied properties also are assessed taxes by both the
province and municipality, the owners can receive tax credits that
largely eliminate the provincial portion.
Scholten said the province is bringing in enough revenue to offset
what it would lose in revenue if it ended the "double tax." If that
happened, landlords would be willing to freeze rental rates for a
period, he said.
with files from Information Morning Fredericton
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Property tax cut benefits landlords, says NDP leader
CBC News · Posted: Sep 18, 2012 6:21 AM AT
New Democratic Party Leader Dominic Cardy says landlords in New
Brunswick appear to be backing away from a promise on lower rents.
Last week, the provincial government announced it is cutting property
taxes for the owners of apartment buildings, but won't force them to
pass the savings to tenants.
The NDP leader said the landlords should stand by what they said.
NDP Leader Dominic Cardy says landlords could stand behind a promise
on lower rents. (CBC)
"I think they need to go back to look at the statements they made a
few months ago," Cardy said.
"I think they need to be held to account, and the government does as
well, because they said the purpose of this was to help renters, and
instead it's going to help just the landlords, and that's not fair."
The provincial budget in March promised a gradual reduction in property taxes.
Election promise
Back then, Willy Scholten of the New Brunswick Apartment Owners
Association predicted the provincial government would force landlords
to pass on the savings.
"I would see the government not giving up the revenue without some
sort of legislation to make sure that it does happen, and we would
support that," Scholten said at the time.
Last week, Scholten no longer supported provincial government
enforcement of lower rental fees.
"We're private business, and we believe that the markets should
dictate that, so we wouldn't agree with that," he said.
Scholten said he would support enforcement if the tenant tax were
eliminated altogether, but that's not happening.
He said with other costs rising, the gradual tax reduction isn't
enough for landlords to even freeze rents.
The 2010 Progressive Conservative election platform promised that an
"easing" of the tenant tax would "benefit those living in apartments."
It now appears that promise will only be kept by landlords who choose
to honour it.
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Bruce Fitch plans overhaul of property tax system
'Spike protection' mechanism will guard against assessment hikes above 10%
CBC News · Posted: Sep 12, 2012 11:04 AM AT
Local Government Minister Bruce Fitch announced a series of property
tax reform proposals on Wednesday. (CBC)
New Brunswick homeowners will be offered a new "spike protection"
mechanism to guard against large property tax assessment hikes, Local
Government Minister Bruce Fitch announced on Wednesday.
Fitch released a discussion document on property tax reform that
called for a number of changes.
"We are fulfilling our commitment to make a fairer and more effective
property tax system," Fitch said in a statement.
As a part of the provincial government’s proposed package of reforms,
the three-per-cent property tax freeze is being lifted.
Interactive feature
Click here to find out how different communities spend their property taxes
The local government minister said homeowners will be moving back to a
market-value system where their property assessments, which are used
to calculate property taxes, can fluctuate.
Fitch said there will be a permanent exemption given for the 146,000
homeowners who took advantage of the two-year assessment cap.
For example, if a person saved $10,000 between the 2012 market value
and the 2012 capped value of their property, they will receive an
exemption for that rate. So every year when that person's property
assessment comes in, they will be exempted for $10,000.
However, when they sell their house, the new owner will pay the full
market rate.
The provincial government estimates it will take about 20 years for
all the exemptions to work their way out of the system.
As well, homeowners will be given the option of paying for their
property taxes monthly instead of in one large annual payment.
The provincial government will also introduce a mechanism to safeguard
homeowners from property tax, assessment increases of more than 10 per
cent.
Ending 'double taxation'
Another element of the property tax plan is to reduce the amount of
tax by 23 per cent that is imposed on rental properties, commercial
properties and second homes.
Building owners have complained for years they have to pass on the
extra cost to tenants.
There's also to be help for homeowners.
Fitch said he hopes the change will mean relief for tenants.
"This will help the landlords, and we expect those savings will be
passed on to the renters, to help either lower rent, improve the
quality of housing, or mitigate any planned increases in the rental
prices," Fitch said.
But the reforms announced on Wednesday will not force apartment
building owners to pass on the savings.
Owners say the tax break isn't enough to guarantee rent reductions but
it may help landlords put off rent increases.
Other elements of the property tax reform paper include:
Property tax bills will be simplified.
A new cost-sharing model for RCMP services that will more fairly
distributing costs among all users.
Minimizing the impact of these reforms on farmers, homeowners and
businesses in local service districts.
Exempting libraries from property tax.
The tax reduction doesn't go far enough, according to Willy Sholten of
the New Brunswick Apartment Owners Association.
"This will mean that we'll still be 1.8 times the single family rate
and 1.8 times the average in Canada. So there's still quite a gap. But
the government has done something and it's being portrayed as the
first phase."
But any tax reduction is good, according to Kevin Lacey, Atlantic
director of the Canadian Taxpayers Federation.
"This tax reduction will mean that those living in apartments in the
long-term will likely see a benefit. And this combined with the
government's announcement in the budget that it will freeze rental
rates is a good thing for taxpayers of the province."
The provincial government says it won't be losing money because of the
tax reductions.
It expects it'll be covered by a doubling of the real property
transfer fee in the last budget that should generate up to an extra $8
million each year.
CBC's Journalistic Standards and Practices
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