New Brunswick's former education minister Dominic Cardy says he's proud he was able to cut ties with China's Confucius Institutes before resigning from the Higgs cabinet last fall.

Cardy says he might have quit earlier last year but he wanted to make sure Premier Blaine Higgs wasn't persuaded to extend the program, which saw Chinese government-approved language and culture lessons taught in New Brunswick schools.

"The Chinese were being the way that they often are about these things and weren't willing to go quietly," Cardy said in an interview.

"But now the contract is done, the Communist Party no longer has a place in our schools and I'm just glad to see that slightly embarrassing chapter in our province's educational history is concluded."

Cardy also said when he left, the province was winding down its business relationship with Concord Colleges, private schools that teach the province's curriculum to Chinese students in China.

Phasing out programming

Atlantic Education International, a government-owned company run by a board made up of provincial education officials, sells the province's curriculum to schools in several countries.

AEI chief operating officer Megan Stevenson confirmed in an email the company is "in the process of phasing out programming" at Concord Colleges.

She said that will unfold over the next three years. 

Cardy said the AEI arrangement was becoming "increasingly problematic" because New Brunswick content about civics and democracy wasn't being taught at the schools in China.

    In this June 5, 1989, file photo, a Chinese man stands alone to block a line of tanks in Tiananmen Square in Beijing. A U.S. Senate report said the Confucius Institutes program doesn't allow for classroom discussion on the massacre of pro-democracy protesters. (Jeff Widener/Associated Press)

AEI and the Confucius Institutes were two elements of New Brunswick's attempts to establish links to China when the country was seen as a fast-growing and lucrative market.

Schools in other provinces and countries also signed up for Confucius Institutes.

"The idea was it was helpful and important to have good connections with China, that China was the rising economic superpower, that trade and business opportunities abounded," said Joanna Chiu, a journalist and author of the book China Unbound.

Program in 40 schools by 2018

AEI was established in 1995 to sell the province's curriculum overseas, and that connection to China paved the way for the Confucius Institutes to begin operating in New Brunswick schools in 2007.

By 2018 the program was in 40 schools but was increasingly criticized over concerns it provided a one-dimensional, uncritical look at China. 

A 2013 intelligence report by the Canadian Security Intelligence Service warned that Chinese leaders identified the institutes as "an organization for spreading propaganda and building soft power." 

In 2019 a U.S. Senate report said the Confucius Institute program "encourages complacency towards China's pervasive, long-term initiatives against both government critics at home and businesses and academic institutions abroad."

No classroom discussion was allowed of China's annexation of Tibet or the 1989 massacre of pro-democracy protesters in Tiananmen Square, for example.

"Definitely the Confucius Institutes were in line with this trend of [China] wanting to have a more friendly face to the world, and also were a way to influence the way China was talked about, in a more benign if not flattering way," said Chiu, whose book examines the country's attempts to influence global politics.

Journalist Joanna Chiu's award-winning book, China Unbound: A New World Disorder, examines the influence of China on a global scale. (House of Anansi)

The Confucius Institutes New Brunswick website has not been updated since May 2019, and an official listed as the program's contact person hung up when contacted by CBC News this week. 

Cardy, who once worked with agencies promoting democracy abroad and is an outspoken critic of authoritarian regimes, said in early 2019 he wanted the institutes out by the end of the school year. 

But the contract had no escape clause and only expired in 2022. 

Cardy scrapped the program in kindergarten-to-Grade-8 schools in 2019 and let it continue in a handful of high schools until the end of the 2021-2022 year.

He has publicly accused the Chinese consul general in Montreal, Chen Xueming, of arriving at his office unannounced in 2019 and threatening consequences for New Brunswick's lobster exports to China if he didn't back down.

The consulate denied that in 2021. It did not respond to a request for comment this week.

'Last-ditch effort'

China is New Brunswick's third-largest export market, where it ships large quantities of lobster.

Cardy said Chinese officials mounted "a last-ditch effort to reach out to the premier" last year to extend the agreement.

He said he'd been thinking of quitting over French immersion and the premier's management style as early as last spring.

But he held off until the fall, after the Confucius contract expired, "to make absolutely sure there was no backsliding."

Cardy's criticisms of China in 2019 were met with warnings from the Opposition Liberals that he was endangering trade ties. They demanded Higgs recuse him from dealing with the Confucius Institutes.

"They were obviously foolish, misguided, and straight-up wrong," Cardy said.

    in 2019, Premier Blaine Higgs suggested Cardy was too forceful in his criticism of the Confucius Institutes. (Ed Hunter/CBC)

Higgs also said at the time he was worried about the potential impact of his minister's comments.

Cardy said that when he quit last October, he wasn't aware of any punitive trade moves by  China against New Brunswick exporters.

"Part of that I think was the insatiable Chinese desire for lobster," he said. "So that's good that we make something tasty that they want.

"But the bigger problem was China was suddenly having battles on dozens of fronts that they weren't having when this fight first started." 

China's increasingly aggressive foreign policy has attracted growing criticism both in Canada and abroad.

Two Canadians, Michael Spavor and Michael Kovrig, were arrested in China in December 2018 on trumped up charges of espionage.

In a move widely seen as retaliation for the Canadian arrest of a Huawei executive wanted in the United States, the two men were held for more than 1,000 days before being released, an episode that soured Canada-China relations.

On the AEI side, Cardy said when he was minister he asked that the schools in China teaching the New Brunswick curriculum be checked regularly.

When he complained that students were not learning about civics and democracy, there were some improvements at first.

But "it became increasingly clear as China itself slides more and more into authoritarianism that we were not able to insist on those standards being maintained," he said.

Stevenson said AEI will continue to sell its curriculum to China-based international schools that serve the children of foreign nationals posted there. 

New Brunswick Court of King's Bench Justice Thomas Christie ruled that the province wasn't persuasive in its argument that legislation prevented the New Brunswick Human Rights Commission from handling a complaint by Margaret-Ann Blaney, the former head of Energy Efficiency New Brunswick.

As a result, the commission was within its authority to refer Blaney's human rights complaint on to the New Brunswick Labour and Employment Board for an inquiry into her allegations that she was fired from the Crown corporation because of her political beliefs, even though the province had enacted legislation effectively barring her from taking any legal recourse.

"In the present case, the province argues that it intentionally removed from Ms. Blaney, as president of Efficiecy NB (and no other person), the means by which she could seek to uphold her human rights," Christie wrote in his decision.

"In my view, the applicant's position risks being interpreted as intentionally running contrary to the very governing principles that the laws of New Brunswick are meant to uphold."

Christie, in dismissing the province's application, awarded costs of $2,500 to Blaney.

"To be clear, nothing in these reasons should be interpreted as any consideration of the merits of the complaint," Christie wrote.

"That is for the board of inquiry to determine."

According to a notice on the New Brunswick Court of Appeal's website, the province has applied to appeal the decision, and was granted an extension to file the appeal by Jan. 13.

Accusations of political patronage

Blaney, a former Progressive Conservative cabinet minister, was appointed CEO of Energy Efficiency N.B. in 2012 by then-premier David Alward. The appointment triggered a political firestorm, with opposition parties calling it patronage and Blaine Higgs, finance minister at the time, refusing to publicly endorse the decision.

In 2015, the provincial government under former premier Brian Gallant moved to get rid of the Crown corporation, and did so by enacting the Act to Dissolve the Energy Efficiency and Conservation Agency of New Brunswick, which saw the corporation folded into N.B. Power. It also resulted in the dismissal of Blaney from her role as CEO and president.

Blaney was appointed CEO of Energy Efficiency N.B. in 2012 by then-premier David Alward of the Progressive Conservatives. (CBC)

The bill also blocked "any court or administrative body" from hearing a challenge to the dissolution or firing.

After being fired, Blaney filed a complaint with the New Brunswick Human Rights Commission, arguing the Liberal government got rid of the organization and her job because of her PC affiliation.

The province applied to stop the commission from investigating the case, however a judge ruled in March 2021 that it could continue its investigation.

In September 2021, the New Brunswick Human Rights Commission referred Blaney's complaint to the New Brunswick Labour and Employment Board for an inquiry by the quasi-judicial tribunal.

According to Justice Christie, the commission had found sufficient evidence to "support an arguable case of discrimination based on the prohibited ground of political activity and belief."

In December 2021, the province filed its latest application, arguing Blaney's firing wasn't in the commission's jurisdiction.

CBC News asked the New Brunswick Labour and Employment Board how it would respond to Christie's dismissal of the province's application, but did not receive a response before deadline.

Last October, Lise Landry, the board's CEO, confirmed she received the complaint regarding Blaney's dismissal from the commission in September 2021.

She said the board was waiting for a decision on the province's application before proceeding with an inquiry.

"I told the nurses and the lady at the desk there a couple of times, 'It is getting worse,' and nothing happened," he said. "So the security guards, in time, they brought a couple blankets out and they brought us a cup of water and I used it to put some ice on her lips."

As more time passed, Allison told her husband she felt like she was dying. He approached the nurses a few more times. 

Around 3 p.m., the couple were taken to a room with a bed, but no medical equipment. Holthoff said he had to help Allison use a bedpan and used paper towel from a roll on the wall to clean up. 

"At some point there, she was getting worse and she started to scream out in pain," he said.

A nurse came in and checked Allison's blood pressure again, and saw it was alarmingly low. Holthoff said that's when things started to change and the care became more urgent.

When they finally saw a doctor, they still hadn't received any test results. Then, as the nurses prepped Allison for an X-ray, Holthoff said he watched as her condition worsened — she was in so much pain she couldn't breathe. He tried to comfort her, and assured her the doctors would determine what was causing her pain.

"The next thing is [her] eyes rolled back in her head and her chest started rising. Something started beeping," he said. "The next thing you hear is over the PA, 'code blue, code blue in X-ray.'"

Holthoff said the room flooded with people, while he was sent to the hallway. A doctor later told him they resuscitated Allison three times — to no avail.

"Even if she would have survived at that point ... she had too long a time without sufficient blood flow to the brain and vital organs. It would have been not a life worth living," he said.

Allison was involved in her community and was the deputy chief and treasurer of the Tidnish Bridge Fire Department. (Ali Holthoff/Facebook)

Since that day, Holthoff said he feels left in the dark. The results of Allison's autopsy haven't been released and he hadn't heard from anyone in government, except his local MLA, for at least a week after her death.

Holtholf said the health-care system failed his wife and he doesn't want her death to be in vain.

"We need change, the system is obviously broken. Or if it's not broken yet, it's not too far off," Holthoff said. "Something needs to improve. I don't want anybody else to go through this."

"I want a spot where if my kids break their legs, we can take them to the hospital if anything happens."

'The most amazing person'

Allison Holthoff, 37, was mother of three school-aged children. She was also the deputy chief and treasurer of the Tidnish Bridge Fire Department. Her obituary said she won a volunteer of the year award for her work organizing community events like pancake breakfasts and the annual children's Christmas party.

"She was the most amazing person I've ever known," Holthoff said. "She was great and everybody could get a helping hand out of her. If they needed help with anything, she was there for you."

A celebration of life was held at the local community centre on Friday, and Holthoff said the turnout was overwhelming. 

"I didn't even know she impacted so many people," he said. 

"I've never seen that centre so packed, I haven't seen so many people there in the 10-plus years that I've been here."

Gunter Holthoff said he and his wife had a hobby farm that she took care of. (Ali Holthoff/Facebook)

The question on Holthoff's mind now is whether his wife would still be alive if she had received treatment quickly on New Year's Eve.

Holthoff said he doesn't blame the staff at the hospital for what happened, but he blames the system.

A problem with the system

Holthoff approached his local MLA, Elizabeth Smith-McCrossin, for help after his wife's death.

On Jan. 6, Smith-McCrossin wrote an open letter to provincial Health Minister Michelle Thompson, asking for an "urgent investigation" into the situation. The letter said a request to meet earlier in the week had been denied. 

"The government doesn't seem to pay any attention," Holthoff said. "I don't know what needs to happen ... or how many more people need to die. It's just a shame."

CBC News asked Nova Scotia Health how many deaths had occurred in emergency departments in 2022, but the department declined to say. 

Smith-McCrossin said she is still pushing to meet with the health minister.

"That is why we're requesting an investigation, so that family has those answers," she said. "They've heard nothing from anyone in government and the challenge is because they're not hearing anything, it's getting more and more upsetting."

"I'm hearing from hundreds of people in the community asking, 'Why is nothing being said? Why is nothing being done?'"

Response from the province

On Monday, Thompson announced that an investigation, also known as a "quality review," had started automatically after Allison's death. She said it will determine what happened and what can be done to prevent similar situations from happening again.

"Family members will be invited and included in the investigation because it's very important, if they want to participate, that they have an opportunity to tell the events as they experienced them," Thompson said in an interview.

Results of the investigation will be shared with the family, she said.

Premier Tim Houston offered condolences to the family of Allison after her death in an emergency room on New Year's Eve. (CBC)

Premier Tim Houston offered his condolences to the family on Monday, calling it a tragic loss that "resolves our focus to fix health care."

"Certainly anything we can do to improve health care, support Nova Scotians and support those working in health-care system, we'll do that quickly," he said.

The same day, an emailed statement from the province said Nova Scotia Health has been in contact with the family as of Sunday, "after several attempts to contact the family since last week."

ER conditions 'not ideal'

Smith-McCrossin said health-care workers have also been contacting her about the working conditions at the hospital.

"I hear from people on a regular basis upset about the long wait times and the concern about the conditions in the ER," she said. 

"Our ER flooded in May, so there's been a temporary ER set up in ambulatory care, which is very challenging for our health-care workers to work in."

Last week following a cabinet meeting, Thompson told reporters that the flood prompted Nova Scotia Health to relocate the emergency room "really quickly and unexpectedly."

She acknowledged that the temporary emergency room setup is causing challenges.

"We know that those conditions are not ideal," Thompson said. "They're in a bit of a tough spot right now and we're working with them, knowing that we will make improvements there in the future."

She said a redevelopment plan is in the design phase and she could not share a timeline for the project yet.

For his part, Holthoff said he has a clear message for the government.

"The health-care system in Cumberland County, and probably the whole province, needs major, major improvement in any way."

A B.C. Mountie's anti-Trudeau website is causing waves in a small West Kootenay community and raising concerns about political bias among the ranks of the RCMP. 

The Church of Trudeau website was online last November and early December and featured theatrical performances by a man dressed up as multiple characters in what appears to be satirical political commentary about the Prime Minister and what the site referred to as "left-wing Liberal ideologies."

CBC News has confirmed the identity of the man in photos and videos on the website as Trail, B.C., RCMP officer Brent Lord through a source familiar with the website and its contents.

The RCMP says it is aware of the site and the matter is under review.

In one of four videos CBC News has obtained, Lord plays the role of a character he calls Father B, and professes to be "the High Prophet of the Church of Trudeau" as he explains what the website is about, stating, "our religion teaches the importance of socialism, of cancelling everyone that offends anyone, of being woke and highly emotional." 

A YouTube channel associated with the site that was scrubbed of content in December once stated, "our goal is to convert sinful conservatives who belong to a fringe minority with unacceptable views into entitled socialist liberals just like us." 

Some of the website's contents and related social media accounts, including Twitter, Twitch, YouTube and Facebook are still publicly available through the Internet Archive Wayback Machine and search engines' web cache. 

Lord does not mention his job as a Mountie on the website or in the videos.

CBC News has reached out to Lord through email, social media and the phone number listed on the website, but he has not responded.

Site pokes fun at LGBTQ+ issues, immigration

In one video, Lord is dressed in multiple costumes sarcastically praising Prime Minister Justin Trudeau and government funding announcements for a Saskatchewan First Nation community and the LGBTQ+ community.

"$35 million in new project funded support aimed at addressing specific barriers to 2SLGBTQ+ equality. Now I'm not as smart as Justin Trudeau so I don't really understand what that means, but it sounds really good and if Justin Trudeau has implemented it then it really makes sense and I trust that all of this money will be spent appropriately and there will be no scandals. I trust you Justin, I trust," he says, dressed in a fluffy dog hat with dog pyjamas and large red sunglasses.

In another video, Lord gives a speech about federal immigration policy while wearing a jester's hat and claims the goal of the policy is to bring in 1.5 million Liberal voters to Canada. 

Viewers are invited to call into weekly streamed web broadcasts to discuss current events and donate money to support the website in order to "help make Canada the greatest welfare country in the world."

'We are taking it seriously': mayor

The website's contents and the views expressed by the officer are concerning, according to Trail Mayor Colleen Jones, who said she has had "multiple conversations with the Trail RCMP detachment commander about it.

"It's definitely not anything a community wants," Jones said.

"I want everybody to know that we are taking it seriously and that the officer in question is currently working from home and will continue to do so until the investigation is complete."

The Church of Trudeau website was online in November and early December before it was taken down. The officer who created the website has not responded to multiple requests for comment. (churchoftrudeau.org)

To Kash Heed, a former West Vancouver police chief and former solicitor general and minister of public safety, the political nature of the website is not in line with the standard of conduct expected of a police officer. 

"The RCMP should be investigating this as a code of conduct breach for this particular member," he said.

"When you're a public servant, especially with the RCMP where you've taken that oath of service to Canada, and you make those satirical videos, you have the memes of this particular character trying to be funny — I find it very disturbing."

'Public trust is essential': RCMP spokesperson

In a statement, RCMP spokesperson Sgt. Chris Manseau said the police force is assessing the website and the videos, calling it a fluid situation.

"Public trust is essential for the RCMP to effectively serve and protect Canadians," he said. 

"As a result, RCMP employees must conduct themselves in a manner that not only meets, but exceeds, the rightfully high expectations of Canadians."

Heed likened the officer's political statements in the videos to cases last year of police officers expressing support for the Freedom Convoy movement and donating money to the organizers, which resulted in the officers being charged with misconduct and in one case demoted for their actions.

"It certainly brings into question the credibility of not only that individual, but the organization that he works for," Heed said.

"We need to make sure we're hiring the right people and we have the policies, discipline and supervision in place to detect these types of behaviours and deal with them in a swift fashion."

It's not clear how long the RCMP's investigation into the officer and website will take.

Jones said she has faith in the police force's review of the situation and that she will be closely following the process.

- CRCC report

In a radio communication reviewed by the CRCC, an unidentified Mountie is heard saying, "They're going to make the decision, going to go into the house and arrest [Webb] under the involuntary mental health act."

"The commission does not dispute that members of the RCMP may use force for reasons of officer safety in accordance with the IPTA [Involuntary Psychiatric Treatment Act]," says the CRCC report.

"However, it fails to understand how the level of force used by Constable Thomaes upon entry can be considered reasonable when Constable Thomaes's only concern at that point in time should have been the physical and mental welfare of [Webb]."

The report goes on to say that Thomaes "was angry and upset, and that he aggressively subdued [Webb] in the quickest way possible."

'I was abused, mishandled, mistreated' 

The CRCC report makes it clear that Webb was no angel. It calls his behaviour toward RCMP members, 911 emergency dispatchers and his own neighbours "objectionable and unnecessary."

"Regardless, as a Canadian citizen, [Webb] is afforded a number of rights, including the right not to be subjected to unreasonable force at the hands of the RCMP," says the report.

The CRCC report makes three recommendations, all redacted.

Lucki wrote to the CRCC that she doesn't support the recommendations and won't implement them.

Years after the initial incident, Webb said he's still tormented by what happened that night. 

"I was abused, mishandled, mistreated," he said. "Middle of the night screams are a regular thing for me." 

Webb also said he experienced physical pain.

"After being attacked and zapped, my implant malfunctioned, sending me to months of over-the-top pain and a surgery to repair," he said.

The watchdog has no binding powers on the RCMP, meaning Webb's matter is at a standstill.

Lawyer points to gaps in the oversight system

Tom Engel, a criminal defence lawyer in Alberta who has made a career of challenging police misconduct, said the case points to a major flaw in the oversight system.

"This once again highlights the dire need for reform of the RCMP Act to prevent the commissioner and the RCMP from ignoring decisions of the civilian oversight body," he said.

"RCMP officers who see their fellow officers commit criminal misconduct and then get away with it — that hurts the morale within the RCMP. It's bad for the reputation of the RCMP."

Lawyer Tom Engel in his office in Edmonton. Engel says Webb's case points to gaps in the oversight system. (Lost Time Media)

The Liberal government has introduced a bill that would amend the CRCC's mandate to require the RCMP commissioner to respond to reports from the watchdog within six months — addressing a long-standing complaint of critics. The RCMP has been known to take months, even years, to respond to complaints.

Meghan McDermott, staff counsel with the British Columbia Civil Liberties Association, said the legislation is a step in the right direction but it needs amendments to a make a difference.

"Just the fact that the recommendations from the oversight body should be binding. I mean, that is just such a basic expectation and requirement that I think the average person in Canada would expect," she said.

"We are deeply, deeply disappointed that we don't think it goes far enough."

McDermott and Engel said they hope Bill C-20 will get a rewrite as it makes its way through Parliament.

"When the state comes into your home, without a warrant and uses force against you, short of grievous bodily harm or death, it's hard to think of a more intrusive and rights-denying abuse of power by the state," said McDermott.

Lahaie did conclude in her report that the RCMP was justified in seizing the speakers from Webb's property.

Criminal charges against Webb were dropped. He was fined $500 under provincial law for making false and frivolous calls to emergency services, says the CRCC report.

The CRCC reviews complaints about the conduct of RCMP members, ranging from excessive force to poor attitudes. It conducts reviews when complainants are not satisfied with the RCMP's handling of their grievances. The chair can also launch independent investigations.

The RCMP did not respond to CBC's request for comment. 

"I'm staring out the windows now. If the wind blows, I jump," says Bruce Webb, who lives with his fiancée Lori Fuller above the Purple Leprechaun Roadhouse, a restaurant she owns in Bayport, N.S.

Webb, 53, faces charges of assaulting a police officer and resisting arrest, but believes he was the victim in a late night encounter with police on Feb. 28. 

Webb says when the Purple Leprechaun Roadhouse is closed, he uses the space as a living room.

He says he'd fallen asleep watching TV in an assisted-lift chair when RCMP arrived.

Video from security cameras inside the restaurant show RCMP officers banging on doors and shining lights through the windows. It was the second time that night police had been at the location.

'Lawful arrest'

Webb says after the first police visit, he'd noticed a P.A. speaker was missing from the restaurant's vestibule. He said he called 911 to inquire if police had taken it, and to ask for its return.

But RCMP spokesperson Cpl. Jennifer Clarke says it went beyond that.

"Multiple 911 calls were received from the property. Police officers attended to make a lawful arrest of that individual," she said.

Clarke says she can't elaborate on the circumstances of the arrest because the matter is before the courts.

Security video shows Webb refusing to let police in while blues music blares in the empty restaurant.

Webb tells the officer he's calling 911. The officer then forces his way in by breaking down the door. There's an immediate physical confrontation.

     A screen capture from security footage in the restaurant from Feb. 28. (Bruce Webb/YouTube)

'If you Tase me, I may die'

The video shows the officer knocking a telephone out of Webb's hand. Webb then swings his right arm, in an apparent attempt to strike the officer.

The officer knocks Webb to the ground and pulls out his conductive energy weapon, known as a Taser.

"If you Tase me, I may die. I have an implant," Webb told the officer in the tape.

Webb says he was scared because of an electronic implant in his abdomen that's connected by electrodes to his spine.

The device helps mitigate severe chronic pain he suffers from a leg injury that occurred while playing sports in the military.

"I didn't know where they were going to shoot me. I didn't know anything," he said.

Webb has a medical marijuana licence, and his cannabis prescription is paid for by Veterans Canada. Webb also says Veterans Affairs paid to install a two-storey lift to help him reach the second-floor apartment where he lives.

He says his disability means he's no risk to the officers. "I have chronic pain. I can't even sit on the floor, let alone be beat around," he said.

In the security footage, the officer continues to yell at Webb as he sits on the floor in front of him, telling him to lay flat on his stomach as two more RCMP members enter.

Officer blocks video camera

One of the officers tells him he is under arrest citing "the Involuntary Psychiatric Act."

A struggle between Webb and the officers continues. As Webb backs away in a seated position, he's shot with the Taser.

"I thought my chest was going to explode. I was just expecting it go 'boom.' That's what it kind of felt like," Webb said.

The video shows Webb lying on the floor for 14 minutes with his hands cuffed behind him, moaning, shouting and weeping.

Webb says officers didn't respond to repeated requests for heart medication.

During this time, one of the officers notices one of three security cameras and twists it to face the wall.

SIRT reviewing case

The RCMP maintain officers behaved correctly throughout the arrest, including the use of a conductive energy weapon.

"What you're seeing on YouTube, the videos that are out there, they're just a small portion of their interactions with this individual," said Clarke. 

Webb's fiancée, Lori Fuller, says she can hardly bear to watch the security footage.

"Of course I'd like to see all of the charges dropped. I'd like to see an apology — and I'd like to see something put into place so it can't happen again," she said.

Nova Scotia's Serious Incident Response Team is reviewing the YouTube footage to determine if an investigation of the incident is in the public interest. A decision would take several days, SIRT director Ronald MacDonald said.

Webb charged with assaulting cop

Fuller says the restaurant hasn't re-opened since the incident.

"The business is totally closed, I handed in my liquor licence and I'm not renewing my business licence," said Fuller.

Webb will appear in court April 27 for election and plea.

He has been charged with assaulting a peace officer, mischief and resisting and obstructing a peace officer.

A spokesperson for Nova Scotia Public Prosecution Service says Webb had no previous criminal record.

A criminologist says he believes police used unnecessary force when arresting a disabled veteran from Lunenburg County on Feb. 28, 2016.

Darryl Davies, a criminologist at Carleton University, says he thinks it's part of a wider problem in Canada.

"There was no justification for the officers in that situation to use a Taser," said Davies.

Bruce Webb is facing charges of resisting arrest and assaulting a police officer after an incident at his home on Feb. 28. Police say they received multiple 911 calls from the residence, which is why they went to arrest him.

'No justification for deploying the Taser'

Security video shows Webb refusing to open the door to police.

An RCMP officer forces the door open and grabs Webb by the shoulder, knocking a phone from his hand. 

Webb then attempts to hit the officer.

Three officers are present when one deploys a conductive energy weapon, known as a Taser, to subdue and handcuff him.

"If a large number of policemen are present, and they could have assisted in subduing the individual and handcuffing him, there's absolutely no justification for deploying the Taser," he said.

Davies says he believes police require more training in de-escalating confrontations with the public, and using the minimum amount of force required.

"Ultimately, they have to use judgement and tact. And training is not teaching them that," he said.

Possible SIRT investigation to come

An RCMP spokesperson says the officers behaved correctly and lawfully at all times.

Cpl. Jennifer Clarke says the conductive energy weapon was deployed for the safety of both the officers and of Webb.

The province's police oversight unit, the Serious Incident Response Team, is looking into this incident to see if it falls under its public interest mandate.

SIRT will make an announcement Wednesday about whether a formal review will go ahead.

Webb will appear in court April 27 for election and plea. He has been charged with assaulting a peace officer, mischief and resisting and obstructing a peace officer.

The Nova Scotia Public Prosecution Service says Webb had no previous criminal record.

Nova Scotia's Serious Incident Response Team is investigating the arrest of a disabled veteran in Lunenburg County who was Tasered by RCMP, an incident that was captured on video surveillance and posted to YouTube. 

"I think the video does demonstrate issues," said Ron MacDonald, the director of SIRT, an independent body that investigates all serious incidents arising from police action.

"Issues surrounding the entry of the police into the premises, certainly issues surrounding the arrest and the grounds for the arrest, and the issues surrounding the use of the Taser.

"We certainly haven't reached any conclusions, but those are avenues where our investigation will focus." 

• RCMP use Taser on disabled veteran with electronic surgical implant

Bruce Webb, a veteran of the Canadian air force, was arrested after a late night encounter with the RCMP on Feb. 28 after officers arrived at the Purple Leprechaun Roadhouse in Bayport, N.S.

The restaurant is owned by Webb's fiancée. The pair live above it and Webb uses the space as his living room after hours. 

Video footage

It was the second time police had gone to the restaurant that night. Video from security cameras show RCMP breaking down the door of the building and having a confrontation with Webb. He takes a swing at an officer and is then knocked down.

The officer takes out his Taser and Webb tells him: "If you Tase me I may die. I have an implant."

Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spine. It helps mitigate chronic pain from a leg injury he has from playing sports in the military. 

One of the officers is heard on tape telling Webb he is under arrest, citing "the Involuntary Psychiatric Act." After a further struggle with police Webb is hit with the Taser. 

Webb has been charged with assaulting a police officer and resisting arrest. 

RCMP have said there were "multiple 911 calls" from the property and officers went to arrest the man. But police said they will not elaborate on the circumstances surrounding the arrest because Webb's case is before the courts.

SIRT looking for answers

MacDonald said his team will bring an "objective lens" to the investigation and then report its conclusions publicly. 

SIRT is in the process of gathering evidence in its investigation. MacDonald said his team will talk to witnesses, collect 911 calls, and try to determine if there is any additional video footage. 

"We want to get as much, and all of the information and then make our conclusions."

MacDonald said as far as he knows no other police organizations are investigating the incident.

"At this point though with us taking over jurisdiction, anything such as that will await the outcome of our investigation." 

He estimates it will take at least a few months for the investigation to be concluded.

The province's Serious Incident Response Team (SIRT) has determined RCMP didn't do anything wrong when they used a Taser on a disabled Lunenburg County veteran. 

SIRT is responsible for investigating serious events involving police in Nova Scotia. It started its investigation after CBC News featured a story about Bruce Webb of Bayport, N.S., which contained a video of RCMP use a Taser on him.

The incident occurred not long after Webb and his fiancée applied to have their restaurant, the Purple Leprechaun Roadhouse, turned into a lounge. The application, which asked for a zoning variation, was opposed by people living nearby. 

In retaliation, Webb allegedly played loud music from the business all day on Feb. 27 and Feb. 28, the SIRT report said.

Neighbours called police to complain. RCMP officers went to the house both evenings, disconnecting an outside speaker and seizing it as evidence. SIRT said Webb was uncooperative with police the first night and refused to speak or meet with the RCMP the second night. 

Frequent 911 calls

Webb then began calling 911 to complain about the "theft" of his speaker. During the frequent calls, he said he was a veteran in need of assistance, and reported seeing "stormtroopers in police uniforms."

Based on his strange behaviour and his uncooperative attitude, officers felt they had grounds to take Webb into custody under the provisions of the Involuntary Psychiatric Treatment Act.

Webb was in the Purple Leprechaun Roadhouse when police arrived to take him into custody. 

He and his fiancée​ live above the restaurant and Webb uses the space as his living room after hours. 

Once inside the building SIRT said Webb resisted attempts to place him in custody. Rather than use additional physical force, officers decided to use a Taser to subdue Webb. He was then taken for medical assistance.

The SIRT investigation determined force used in this case was reasonable and as a result, there are no grounds for charges against any police officer. 

Video footage

Video from security cameras show RCMP breaking down the door of the building and having a confrontation with Webb. He takes a swing at an officer and is then knocked down.

The officer takes out his Taser and Webb tells him: "If you Tase me I may die. I have an implant."

Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spine. It helps mitigate chronic pain from a leg injury he sustained while playing sports in the military. 

One of the officers is heard on tape telling Webb he is under arrest, citing "the Involuntary Psychiatric Act." After a further struggle with police, a Taser is used on the man.

Webb has been charged with assaulting a police officer and resisting arrest. 

Earlier this week, a judge approved placing Trevali's New Brunswick division in receivership, a process to liquidate assets to pay creditors.

Mining was suspended last year, almost a decade after Trevali became the latest company to mine the site since the 1960s.

"We already have one environmental mess in Bathurst that we're trying to fix," said René Legacy, the Liberal MLA for Bathurst West-Beresford, referring to a former mill site in the city.

"We don't need a second one."

René Legacy, the Liberal MLA for Bathurst West-Beresford, says he's concerned that the province could be left paying to clean up the mine site. (Radio-Canada)

The Caribou site southwest of Bathurst covers about 2,000 hectares and includes an underground mine, open pit mining sites, a mill, tailings ponds and dams.

The provincial government has yet to answer any questions about its role at the zinc mine and how much it could cost to remediate the site.

Company documents suggest the cost could be more than $49 million. Court filings say the province has several million on hand from Trevali to cover cleanup, but it's not clear if this would be sufficient.

Trevali's collapse and the failure to find a buyer for Caribou last fall has led to the province taking a direct role at the mine site, including renting equipment.

Court filings say the province plans to use a contractor to secure the mine site and continue environmental tasks after Trevali staff are terminated.

Receivership does not necessarily mean an immediate cleanup of the site and there is still the possibility another company may buy the mine. However, the province has indicated in court filings it will use the coming weeks to prepare a reclamation plan.

Trevali purchased the mine in 2012. It includes an underground mine, open pit mining sites, a mill, tailings ponds and dams. (Trevali)

"My concern is that once again, the province of New Brunswick is going to be stuck with having to manage the environmental cleanup and ongoing water treatment at another mining operation, or defunct mining operation, in New Brunswick," David Coon, the leader of the New Brunswick Green Party, said in an interview. 

Coon said the province needs to change the Mining Act to make sure shareholders take on greater environmental liability.

New Brunswick requires providing financial security, such as cash or reclamation bonds, to the government that could cover the estimated cost of mine closure and reclamation. 

The Department of Natural Resources and Energy Development had a cash security worth $3.9 million US at the end of 2021, according to a statement by Trevali's chief financial officer filed in court last summer. It's unclear if the amount has changed since then.

The statement says a further $5.2 million US in reclamation bonds and $2.5 million US in letters of credit were also posted with the province. It wasn't clear if those would have any value given the company's financial status.

Various documents reviewed by CBC News show different potential cleanup costs for the mine site.

The 2018 report pegged the cost at $12.5 million US. 

However, a Trevali financial statement published last March puts environmental rehabilitation, mine closure and reclamation activities at $36.7 million US. That's about $49 million Canadian at the current exchange rate.

The 2018 estimate included reclamation of the site, construction of a new dam, and water treatment for three years. The report says the new dam would address "rehabilitation of historical liabilities." 

Province won't comment

CBC News has asked the province for an interview several times since last Friday about the liability issue and what funds the province has for reclamation. Nick Brown, a spokesperson for the province, said it won't comment at this point.

Louise Comeau, director of climate change and energy solutions with the Conservation Council of New Brunswick, said the government should be more transparent about what's happening.

Comeau wonders whether the remediation bond would be sufficient and if money set aside for cleanup is now being used already for the equipment rental.

"If we don't have a bond, they're in contravention of their own legislation," Comeau said of the province.

"If we do have a bond and it's not adequate, then the government once again failed in its duty to ensure that the company posted a bond adequate to the liabilities that we face."

Louise Comeau, director of climate change and energy solutions with the Conservation Council of New Brunswick, says the provincial government needs to be more open about what's happening at the mine. (Jacques Poitras/CBC)

Trevali bought the mine in 2012 and within months announced an agreement with the provincial government that says the province is financially liable for the cleanup costs related to the historic mine operations.

The agreement means "approximately two-thirds of the environmental liability at the Caribou mine is held by the province of New Brunswick, with Trevali NB being liable for the remaining one-third," says the statement from the chief financial officer.

A 2018 report for the company about the mine says the province's liability agreement relates to an open pit, a waste rock storage area and old tailings ponds dating back to when Anaconda Canada Exploration Ltd. mined at the site decades ago.

"Historical mining activities at the site have severely affected portions of North and South Branch Forty Mile Brook," the report states of waterways on the site.

"Well and surface monitoring data show a direct correlation between the historical Anaconda tailings and elevated metal concentrations and low pH values found in Forty Mile Brook."

One of the primary concerns the province expressed in recent court filings about Trevali going bankrupt or into receivership was the need to treat acidic water at the mine and to pump water out of the underground portion of the mine.

The filings say that without security, there was a risk thieves could interrupt the mine's power supply and halt water treatment, which could cause environmental damage.

Coon said it's alarming the province hasn't visited the mine site recently to monitor environmental compliance and has instead been trusting the company for dam inspections and monitoring tailings ponds.

"You've got Forty Mile Brook there, which is an important watercourse hooked into the Nipisiquit watershed, you've got a lot of wetland," Coon said. "So there's a serious environmental concern around that, and that means that for the foreseeable future, a water treatment system has got to be maintained.

"The dam on the tailings pond has to be inspected regularly and that's all going to fall to the province — and Lord knows what happens if the dam deteriorates."

New Brunswick Green Party Leader David Coon says he's concerned the province hasn't gone to the mine site recently to monitor environmental compliance. (Jacques Poitras/CBC)

The 2013 agreement between Trevali and the province was heralded by then-energy and mines minister Craig Leonard.

"This is an important milestone in the Trevali project and will bring it one step closer to creating many jobs in Bathurst region," Leonard said in a news release. "At the same time it will be critical in helping to protect the environment for many years to come."

Coon said the history of the mine, including stop-and-start production by various companies and a previous bankruptcy, should've been a warning sign to the government.

"It was dumb, just dumb to do that," Coon said of the agreement. 

"We're not talking about something like Brunswick Mines, where you had a rich deposit of minerals there which lasted for 50 years and then eventually where it was played out," he said. 

"This one, it has been up and down and just hasn't had the richness of ore that seems to be able to sustain it for the long-term."

Trevali Mining Corporation released its second-quarter 2022 financial results, which showed the company suffered a 44 per cent decrease in revenue over the previous quarter, with its Caribou mine, located just west of Bathurst, being partly to blame.

"Caribou's full-year production and cost guidance has been suspended and the operation is under review, following continued operational performance issues due to low productivity rates and equipment and operator availability, from the mining contractor," said Trevali, in its quarterly report.

The Vancouver-based company says a tragic flooding event at its Perkoa mine in Burkina Faso back in April also cost the company $15.2 million and operations at that mine remain on hold.

The company says it also won't be able to meet a Wednesday deadline to pay a $7.5-million debt to one of its lenders.

The poor quarterly result led to shares for Trevali dropping by about 54 per cent on the Toronto Stock Exchange on Monday.

Rumours of layoffs have circulated in the New Brunswick community, said Bathurst West-Beresford MLA Rene Legacy.

Bathurst West-Beresford MLA René Legacy says he's heard rumours of recent lay-offs at the Caribou mine. (Jacques Poitras/CBC)

"I was given some information from an investor that said the Caribou [mine] would not be able to meet a financial engagement for liquidity," Legacy said.

"And then I've heard through the community that potentially some people have been laid off as of today, but we have no official notice."

The company mines for zinc, lead and silver at the property about 50 kilometres west of Bathurst.

In 2020, Trevali halted production at the mine, citing plunging prices for zinc during the COVID-19 pandemic, and resulting in 250 employees and 80 contractors being laid off.

In an email to CBC News, the director of investor relations with Trevali did not say whether anyone had been laid off from work at the mine but hinted that the operation is in trouble.

Trevali halted operations at its Caribou mine in 2020, citing plunging zinc prices triggered by the COVID-19 pandemic. (Trevali)

"We re-opened the Caribou mine in January 2021 with the hope and intention that the mine would be successfully operating for at least two full years; however, challenges for the mine have continued," said Jason Mercier.

"As a result, the Caribou operation is under review, and we are looking at available options that make sense in the context of Trevali's overall business and financial situation. During this time, the only employees at site will be those who are conducting tasks related to the current work status."

Mercier said the decision is not a reflection of the team at the Caribou mine, adding that looking ahead, Trevali is considering all options to "chart a more sustainable future."

Residents from a newly created rural municipality in Kent County say they don't want to end up in the same provincial election riding with a portion of northeast Moncton.

They told an independent commission redrawing New Brunswick's 49-riding election map that they don't have much in common with the fast-growing city and have more links to other Kent County municipalities.

"I think we have legitimate concerns that we have a rural area, and how will we be represented in this new riding?" said Rachelle Richard-Collette, a resident of the new municipality of Champdoré.

Catherine Léger, another resident of the new municipality that came into being Jan. 1 through local government reform, also asked the commission to reconsider. 

"If we don't band together in a map style to keep all of these interests within our boundaries … we're going lose some of it. It's not going to enrich our area," she said. 

The two women were reacting to a proposed new map that the independent commission released in December.

Under provincial law, the 49 constituencies have to be redrawn every decade to account for how the number of voters in each riding have changed. 

Each of the new ridings must be within 15 per cent of the provincial average of 11,667 voters per constituency.

The commission must release a final version 90 days after the date of the draft version in December, which means early March.

Former MLA knows region 'like the back of his hand'

This week's public feedback sessions are designed to gather alternate proposals.

Richard-Collette asked commission co-chair Camille Thériault, a former Liberal premier, to explain the logic of attaching rural Champdoré to urban Moncton.

Commission co-chair Camille Thériault remained silent during the entire 30-minute public feedback session. (Jacques Poitras/CBC)

As a former Kent South MLA, Thériault "obviously knows the region like the back of his hand," she said.

But Thériault remained silent during the entire 30-minute meeting.

Instead, the other co-chair, former Progressive Conservative MP Roger Clinch, said it was not their job to explain the logic of the initial map.

"As far as giving the rationale for how we ended up here or how we ended up there, that's definitely not our purpose. But we are certainly open to any suggestions you might have as to how we can make it better," he said.

Richard-Collette complained that citizens don't have access to the maps and data that the commission had.

She also said that the timeline – during Christmas holidays and when new councils of newly created municipalities were taking office – made it difficult for communities to draft proposals.

"It's not that we're opposed to Moncton. Of course not. We're in and out of Moncton all the time. But the community interest, with the language, the schools, the rural issues, agriculture, that is a serious, serious consideration in the regrouping," she said.

"Our affinity is with Bouctouche and Cocagne in the southern part of the county, so I think that needs to be respected." 

The meetings will continue until Saturday.

After that, the commission will finalize the new map, which will come into effect in the next provincial election in 2024.

Alberta Premier Danielle Smith, less than three months after promising to seek pardons for COVID-19 health violators, says she will now let justice take its course while also announcing she is regularly contacting Crown prosecutors about these cases.

"The way our system of justice works is we do have an independent justice department and independent Crown prosecutors," Smith told reporters Thursday when asked why she has not followed through on the pardon commitment.

"As we continue to see some of these cases go through — some of them get dropped, some of them fail — (prosecutors) have to consistently recalibrate, but I do want to make sure they have an independent process for assessing that.

"But I ask them on a regular basis, as new cases come out, is it in the public interest to pursue and is there a reasonable likelihood of conviction?"

The Justice Department later issued a statement that appeared to contradict Smith.

"The premier had met to discuss prosecutions at a high level with the attorney general and deputy attorney general," said department spokesman Jason Maloney.

"The premier has never spoken with any Crown prosecutors about any particular court/legal matter they deal with."

Smith's office did not respond to a request for clarification, but she did make similar remarks last month. 

In an interview with Rebel News about COVID-related charges, Smith says the attorney general and the Crown have an independence from the premier's office, but that she continues to ask questions about whether the prosecutions are in the public interest and whether there's a reasonable likelihood of conviction.

"I put it to the prosecutors and I've asked them to do a review of the cases with those two things in mind," she said in the interview posted on the Rebel News website on Dec. 23. 

Opposition NDP justice critic Irfan Sabir labelled Smith's comments Thursday a clear case of judicial interference and called for an independent investigation.

"Danielle Smith is reaching into the Crown prosecution branch and inquiring about a specific case and questioning whether charges are in the public interest, and that certainly constitutes interference," Sabir said.

Opposition NDP justice critic Irfan Sabir called for an independent investigation. (CBC)

"Smith's actions undermine the rule of law, and it is disturbing to see that she does not understand that."

Smith became premier in October after winning the leadership of the United Conservative Party by leveraging strong member support with promises to redress perceived abuses of individual rights and freedoms during the COVID-19 pandemic.

Soon after being sworn into office, Smith announced she would pursue pardoning non-criminal violators of health restrictions, such as pastors who ignored gathering limits at services and people fined for not wearing masks.

Smith has called the COVID-19 unvaccinated the most discriminated group she has ever seen in her lifetime.

Artur Pawlowski, a Calgary pastor jailed and fined for COVID-19 masking and gathering violations — charges later overturned on appeal — criticized Smith's remarks.

"My friends were voting for her (in the leadership race) because they wanted this prosecution and persecution of Canadians to stop in our province," Pawlowski said in an interview.

"She promised that amnesty would come. That never happened."

Pawlowski still faces charges related to last year's blockade in Coutts, Alta., near the United States border.

He called Smith "Kenney 2.0," referencing to her predecessor, Jason Kenney.

"She is a flip-flopping, political pancake," Pawlowski said. "Whatever works for her, that's what she's going to pursue."

Kenney was effectively voted out of office last year by a branch of the UCP angry over what they called freedom-busting COVID-19 gathering, vaccine and masking rules.

Smith also won the leadership on a promise to change laws to forbid restrictions for people based on their COVID-19 vaccine status. She never introduced the bill as promised last fall, saying more study was needed.

Political scientist Duane Bratt said the confusion leaves Albertans with two unpalatable options.

"Which is worse, political interference in the judicial system or lying about interfering in the judicial system?" said Bratt, with Mount Royal University in Calgary.

Bratt said the comments appear to be a political calculation by Smith to try to appeal to the broad electorate by adhering to the rule of law on COVID-19 cases while simultaneously saying she is taking direct action — rubbing against democratic guardrails in the process — to appease her base.

"That's what happens when you try to appease two different groups. You end up appeasing none of them," said Bratt.

Sabir said there is recent precedent under the UCP for an investigation.

Last February, a third-party report by a retired judge concluded that then-UCP justice minister Kaycee Madu tried to interfere in the administration of justice when he called up Edmonton's police chief to discuss a traffic ticket.

Madu was subsequently moved to a different portfolio under Kenney. He has since been promoted to deputy premier under Smith.

- Leigh Johnson, Moncton tenant

On Jan. 1, New Brunswick ended a one-year hard cap of 3.8 per cent on rent increases, implemented to protect tenants from excessive price spikes.   

Instead, the province is counting on the marketplace, responsible landlords, new rules and more powers for government tenancy officers to help keep rent increases fair.

But with inflation high and vacancy rates low, what landlords will be asking for, and what the province will accept as being fair if tenants object, is not entirely clear.

Leigh Johnson is Wallace's neighbour in the same building and is facing that dilemma. She initially received a rent increase notice from Gallant of 41 per cent — from $800 per month to $1,125. 

Leigh Johnson, left, and her sister Bailey, each rent an apartment in the same Robinson Street building. They were both looking to move after getting 40 per cent rent-increase notices, but are rethinking that after the increases were cut in half. (Vanessa Blanch/CBC)

"It really shook me," said Johnson, who works in the service industry.

"We're just going to keep seeing prices go up and up, and that to me is very scary. This is just another example, like 'oh my gosh am I going to be homeless next month.'"

Johnson immediately contacted the province's Residential Tenancies Tribunal to object. She said no one got back to her on that, but on Tuesday, Gallant retracted the $325 rent increase on his own, apologized in person for issuing it and replaced it with a rent hike of $175 to take effect next summer.

Johnson is happy with the improvement, but it's still a 22 per cent increase and she is not entirely sure how to react to that.

New rules allow provincial tenancy officers the discretion to require a landlord to spread an increase over two years if it is double the rate of inflation and over three years if it is triple inflation or more.

Jill Green, the minister responsible for housing, announced in November New Brunswick was ending its one-year experiment with hard rent-cap protections for tenants. Instead the province adopted new rules about how and when increases can occur and how tenants can object. (Shane Fowler/CBC News)

But there can be exceptions. If a new, higher rent will still be lower than what other similar apartments in the area rent for, a large increase can be allowed to proceed all at once.

A brief look at Moncton's current rental market convinced Johnson a 22 per cent increase may still leave her paying less than others in that city. That, and the non-response she got from her initial complaint to the tenancies tribunal has her considering accepting the new amount without a fight.

"It's cutthroat out there," Johnson says about renting in Moncton.

Melanie Wallace has a similar decision to make about whether to accept or dispute her 53 per cent rent increase. She said being a renter has become "scary and uncertain" in the last couple of years, especially for those with limited incomes.

Tribunal 'overworked' says advocate

Jael Duarte is a lawyer with the New Brunswick Coalition for Tenants Rights. 

She said she isn't surprised by the size of the rent increases being faced by Wallace and Johnson and fears a wave of others like them in the wake of the rent cap ending. 

And she has doubts the tenancies tribunal has the resources required to properly police a large number.

"They are overworked at the tribunal," said Duarte.

New Brunswick Coalition for Tenants Rights lawyer Jael Duarte expects a large number of tenants to be hit with major rent hikes in 2023. (N.B. Tenants Rights Coalition)

"They are already responding slower than before." 

Figures do show applications to the Residential Tenancies Tribunal for help with a rent increase jumped to 44 in December. That's up 29 per cent from November when the end of the rent cap was first announced. 

But Duarte expects that number will grow.

Under new rules, landlords must give six months' notice of a rent increase and tenants have 60 days to ask the tenancies tribunal for a review, both changes the province says will help tenants in the absence of the rent cap.

- Leigh Johnson, Moncton tenant

On Jan. 1, New Brunswick ended a one-year hard cap of 3.8 per cent on rent increases, implemented to protect tenants from excessive price spikes.   

Instead, the province is counting on the marketplace, responsible landlords, new rules and more powers for government tenancy officers to help keep rent increases fair.

But with inflation high and vacancy rates low, what landlords will be asking for, and what the province will accept as being fair if tenants object, is not entirely clear.

Leigh Johnson is Wallace's neighbour in the same building and is facing that dilemma. She initially received a rent increase notice from Gallant of 41 per cent — from $800 per month to $1,125. 

Leigh Johnson, left, and her sister Bailey, each rent an apartment in the same Robinson Street building. They were both looking to move after getting 40 per cent rent-increase notices, but are rethinking that after the increases were cut in half. (Vanessa Blanch/CBC)

"It really shook me," said Johnson, who works in the service industry.

"We're just going to keep seeing prices go up and up, and that to me is very scary. This is just another example, like 'oh my gosh am I going to be homeless next month.'"

Johnson immediately contacted the province's Residential Tenancies Tribunal to object. She said no one got back to her on that, but on Tuesday, Gallant retracted the $325 rent increase on his own, apologized in person for issuing it and replaced it with a rent hike of $175 to take effect next summer.

Johnson is happy with the improvement, but it's still a 22 per cent increase and she is not entirely sure how to react to that.

New rules allow provincial tenancy officers the discretion to require a landlord to spread an increase over two years if it is double the rate of inflation and over three years if it is triple inflation or more.

Jill Green, the minister responsible for housing, announced in November New Brunswick was ending its one-year experiment with hard rent-cap protections for tenants. Instead the province adopted new rules about how and when increases can occur and how tenants can object. (Shane Fowler/CBC News)

But there can be exceptions. If a new, higher rent will still be lower than what other similar apartments in the area rent for, a large increase can be allowed to proceed all at once.

A brief look at Moncton's current rental market convinced Johnson a 22 per cent increase may still leave her paying less than others in that city. That, and the non-response she got from her initial complaint to the tenancies tribunal has her considering accepting the new amount without a fight.

"It's cutthroat out there," Johnson says about renting in Moncton.

Melanie Wallace has a similar decision to make about whether to accept or dispute her 53 per cent rent increase. She said being a renter has become "scary and uncertain" in the last couple of years, especially for those with limited incomes.

Tribunal 'overworked' says advocate

Jael Duarte is a lawyer with the New Brunswick Coalition for Tenants Rights. 

She said she isn't surprised by the size of the rent increases being faced by Wallace and Johnson and fears a wave of others like them in the wake of the rent cap ending. 

And she has doubts the tenancies tribunal has the resources required to properly police a large number.

"They are overworked at the tribunal," said Duarte.

New Brunswick Coalition for Tenants Rights lawyer Jael Duarte expects a large number of tenants to be hit with major rent hikes in 2023. (N.B. Tenants Rights Coalition)

"They are already responding slower than before." 

Figures do show applications to the Residential Tenancies Tribunal for help with a rent increase jumped to 44 in December. That's up 29 per cent from November when the end of the rent cap was first announced. 

But Duarte expects that number will grow.

Under new rules, landlords must give six months' notice of a rent increase and tenants have 60 days to ask the tenancies tribunal for a review, both changes the province says will help tenants in the absence of the rent cap.

Bruce Fitch says his government has been reviewing the 50-page report that civil servants recently released, which lays out challenges renters are currently facing, along with calling for "better protections against unreasonable rent increases."

"It was 90 days it's been given to government, and I've been tasked with the distinction of pulling the various departments that are impacted," said Fitch, speaking as part of the CBC Political Panel.

"It's a big body of work. And we're getting to work, and I hope to respond within the end of the month, by the end of the month on the go-forward from the government."

Speaking to reporters following the report's release, Executive Council clerk Cheryl Hansen said despite the report calling for better protection for tenants against unreasonable rent increases, it's not calling for "across the board" rent controls.

Speaking on the panel, Shediac Bay-Dieppe Liberal MLA Robert Gauvin criticized the report as not doing anything more than offering an overview of a problem that's already known to exist.

He said his party already has a solution, and it plans to introduce a bill in the legislature that would see the amount of any rent increase not exceed the percentage change in the consumer price index in New Brunswick.

Robert Gauvin, Liberal MLA for Shediac Bay-Dieppe, says he'd like to see rent control that would tie rent increases to no more than the percentage change in the consumer price index. (Ed Hunter/CBC)

"And if [landlords] want to raise the price after that, they can go and plead their case in that bill that we have," he said.

"And in this, we aren't reinventing the wheel. Here is something that works well in other provinces and should work well here in New Brunswick."

Green Leader David Coon also said the government needs to act immediately based on the findings of the report, adding he plans to have a second reading of his bill in the legislature next week, which calls for rent control.

Green Party leader David Coon said he'd like to see rent control that prevents landlords from imposing substantial hikes in tenants' rents without justification. (Jacques Poitras/CBC News file photo)

He said his bill would ensure landlords can't raise rents more than once in a year, and "ensure that unacceptable rent increases do not occur by providing for a mechanism to control those rents while enabling landlords to apply for increases beyond that, if they can be justified to the residential tenancy folks."

Target the double tax, says Austin

Also speaking on the panel, People's Alliance Leader Kris Austin said he's against rent control, as he fears it could discourage developers from creating more housing.

"You've already got developers that are refusing to build affordable housing in New Brunswick because they can't make enough profit because of the double tax. So you add rent controls onto that, they're even less likely to build," he said.

People’s Alliance Leader Kris Austin says he's against rent control, but would like to see the province eliminate the so-called 'double tax.' (CBC News)

Instead, he said he wants the government to eliminate the so-called "double tax," which levies a provincial tax on top of the municipal tax for buildings like rental properties and cottages.

"Developers aren't paying the double tax and landlords [aren't] paying the double tax. Tenants are paying for it because they're passing it on.

"But yet, in a 50-page review that was put forward here by government, the double tax got three lines out of a 50-page review. And you know, to me, it's just disingenuous because that is the real crux of the issue."