Methinks its obvious to Justice Justice Michael Phelan and the lawyers working with Crawford and Company that PM Trudeau the Younger can make things right for all the victims with a stroke of a pen N'esy Pas?
Born with malformed limbs 52 years ago, thalidomide victim still fights for compensation
Noëlla Hébert hopes government will show compassion to aging thalidomide survivors denied assistance
Vanessa Blanch· CBC News· Posted: Jun 28, 2020 8:00 AM AT
Noëlla Hébert of Saint-Louis-de-Kent is one of three New Brunswickers who have been excluded from federal government compensation for thalidomide victims. (Vanessa Blanch/CBC)
Noëlla Hébert isn't scared of anything.
The 52-year-old from Saint-Louis-de-Kent, who was born missing an arm and with malformations in her other limbs, says after a lifetime of fighting for acceptance and compensation, there isn't anything left for her to be afraid of.
"I fought all my life to be to be looked at as a normal person," she said. "This has been a battle from the beginning."
Hébert is one of three New Brunswickers who are still in court, after decades of arguing that they deserve to be recognized and compensated as thalidomide victims and given assistance for their far-reaching physical disabilities.
'I took a drug, Noëlla'
Hébert grew up in rural Kent County knowing she was different and knowing her mother carried an enormous burden of guilt.
"I can remember my mom always said, 'I took a drug, I took a drug, Noëlla, I took a drug.' But me, I didn't understand that … you always have in the back of your mind, 'Why did she take that pill?'"
Hébert, at six, along with her mother, father and two older brothers in a family photo from 1974. Hébert says everyone in her family supported her, no matter what she wanted to do. (Submitted by Noëlla Hébert)
Thalidomide, promoted as a treatment for morning sickness, was approved and arrived in Canada as samples in 1959.
Canada was one of the last countries to pull it from the shelves in 1962, but Hébert and others believe it was still in circulation in rural New Brunswick for years after.
Her mother, Marie, said that's what the local doctor gave her in 1967.
"She took sick," said Hébert. "She had a very sore stomach. She had insomnia. She couldn't sleep. And my grandma had just died. So that was the creation of all that."
She explained that in the 1960s, when the village doctor gave you a bottle of pills, you didn't ask questions.
"People were ignorant. They thought that medication were miracle cures," said Hébert. "Back then, when you had an ailment if you could have the help of a doctor — that was God."
Hébert was born without a left arm and with severe malformations in her other limbs. Her right leg is very short and attaches directly to her torso with muscles. She has no hips. A surgery was performed to turn her foot to allow her to use her heel as a make shift knee in her prosthetic leg. (Pierre Fournier/CBC)
There is no record that proves that the bottle of pills given to Hébert's mother in 1967 contained thalidomide. There were few pharmacies in rural New Brunswick, and it was common for doctors to give medication directly to their patients. The lack of a prescription kept Hébert and 166 others from being part of a federal compensation program for victims in 2015.
"It was just a bottle of pills that was given from one hand to the other," she said. "And so I did not have the documents that the government wanted but I still was a thalidomide victim."
'We got to push'
A 30-minute drive from Saint-Louis-de-Kent, Paul Richard was born in Rogersville in 1969 with malformed arms.
He believes his shorter-than-normal right arm, twisted hand and malformed left arm are the result of his mother also taking thalidomide.
Paul Richard, seen here after having several surgeries on his right arm, told his parents at the age of seven that he didn't want to undergo any more operations. He says he 'made do' with his deformed right arm and went on to be a heavy equipment operator. (Submitted by Paul Richard)
"She was given a pill to alleviate nausea during her pregnancy and back then, well, they just took whatever doctors gave them and didn't question anything," he said.
Richard had three major surgeries on his right arm as a young child and remembers telling his parents when he was seven years old that he wasn't going to have any more.
"I made do with what I had," he said. "I played hockey all my life — I wasn't Wayne Gretzky but I had fun."
As far as he knows, his legs are fine. Richard jokes he's always been able to "run from trouble." The husband and father of two worked as a heavy equipment operator at his father's business when he finished school. When he could no longer cope with the physical demands, he changed careers and became a highway maintenance supervisor and now works in an office.
Richard worked for years as a heavy equipment operator until the pain in his good arm sent him to a doctor, and he found out his good arm was also malformed. He considers himself lucky to have been able to change careers twice in his life. (Submitted by Paul Richard)
Richard said he probably would have given up his battle for compensation, but Hébert is his mentor and if she keeps fighting, he will too.
"Thank God for Noëlla. I would give up but she keeps on telling me, 'We got to push.'"
'My body is my record'
Hébert, Richard and another New Brunswick man, from Val-Comeau, near Tracadie-Sheila, were among the 167 people who were rejected from the 2015 Thalidomide Survivors Contribution Program, which included a lump sum payment of $125,000, ongoing support payments and access to a medical assistance fund.
We're not fraudsters, we are victims.
-Noëlla Hébert
Even though their mothers have both signed affidavits saying they took thalidomide while they were pregnant, and even though genetics reports and doctors all point to thalidomide as the cause of their disabilities, neither Richard nor Hébert qualified.
"They put us all in the same basket that we would all try to fraud the system," Hébert said of the third-party the government hired to determine who would qualify for the government program.
"But we're not fraudsters, we are victims. It's really really clear to see my body is my record — When you see me you can't unsee me."
Hébert has a prosthetic leg and has undergone several surgeries on both legs to allow her to walk. She has no hips and explains her legs are held in place with muscles. (Pierre Fournier/CBC)
Gesturing to her missing left arm, she points out the tip of a finger that pokes out of her shoulder. Her right arm looks normal, but has four skeletal malformations, including a thumb that is more like a fifth finger.
Her "good leg" does not have a hip and she has required reconstructive surgeries to allow her to walk.
On the other side, she has a very short leg that is attached to her torso, again with no hip. She has undergone a surgery to turn her small foot backwards so she can use her heel as a makeshift knee in her prosthetic leg.
Forgotten victims
After 52 years, Hébert explained, her continued fight isn't about the money.
She wants Canadians to recognize that she and others have lived their entire lives with severe disabilities and discrimination.
Hébert considers herself one of the "lucky" survivors, because she was born with a "firecracker personality" and a family who saw her as normal.
"My mom says that … when she looks at me, yes, I'm deformed. But when she looks aside she pictures me as a normal child. That's the picture she had to create in her mind to be able to cope with this."
Hébert uses a scooter to get around her home. She does not have a ramp to get into the house and bought the scooter at a bargain price from a seller on Kijiji. (Pierre Fournier/CBC)
Hébert laughs as she remembers her big brother's reaction when, as a child, she told him she wanted to learn to swim.
"He said, 'OK, let's go.' There was no, 'How are we going to do that?' or 'You can't do it.'"
Hébert went on to attend university and to become a lawyer. It was one of the most difficult times of her life not because of the academics, but because it was nearly impossible for her to walk from her dorm at the University of Moncton to her classes.
"When you only have one leg and you have to walk in three inches of snow and the leg's not going — that was my biggest, biggest challenge," she said. "How many times I fell on the snow, in the snow with my 50 pounds of books on my back and came to my dorm crying and called my dad, my mom."
Hébert graduated from the University of Moncton law school and has been a practising lawyer for more than 20 years. (Submitted by Noella Hebert)
Again, Hébert's family encouraged her not to give up when she was ready to quit.
"My dad would say, 'Well go to bed, pray, put some A535 [medicated cream] and the first thing I want you to do when you open your eyes, call me and tell me how is it going.' And just on cue the next day it was always going a little bit better."
Hopes rise and fall
In January 2019, Hébert and Richard were hopeful once again when then minister of health Ginette Petipas-Taylor announced a new compensation program for those turned down in 2015.
We didn't ask for that pill to be introduced in Canada, but we had to deal with the consequence.
- Paul Richard
The Canadian Thalidomide Survivors Support Program promised a one-time payment of $250,000, annual payments based on the person's level of disability and access to a medical assistance fund.
But their hopes were quickly extinguished. This time the hurdle wasn't missing documents, it was birth dates.
The first step of the preliminary screening for the new program is that you were born within five years of March 2, 1962, when thalidomide was pulled from shelves in Canada.
"They said, 'Well if the drug was still on the shelves after five years that we pulled it off the market, it should have been expired.' And then they added nine months for the birth of the child," Hébert said. Anyone born after Dec. 21, 1967, will not be considered for compensation in this latest program. Hébert was born five weeks too late, on Jan. 31, 1968.
"It's the most ridiculous thing I've ever seen but I'm not surprised," she said. "We supposedly die about 10 years to 15 years younger of what we are supposed to. They're just playing with time."
Quest for closure, compensation
"We always miss the boat," said Richard.
For him, the compensation would "help immensely," but more important would be to finally be recognized as a victim.
"I know everyone wants something from the government," he said. "We didn't ask for that pill to be introduced in Canada, but we had to deal with the consequence."
Richard understands the fact that his birthday also falls outside of the eligible dates is a hurdle, but he hopes it won't be insurmountable.
Richard, seen here with his wife and two daughters, says being recognized as a victim of thalidomide would give him some closure. He says victims have suffered their entire lives because Canada allowed the drug to be sold. (Submitted by Paul Richard)
He is calling on the Canadian government to consider what life was like back in the 1960s in rural New Brunswick. It was a time when doctors handed out medication, and no one threw anything away.
"All those medications could have stayed in a medicine cabinet for a few years and when they needed it, they would take it."
Like Hébert, he worries his body will continue to deteriorate, and he will need more support as he gets older.
Judge urges government to reconsider
The legal battle for Hébert and Richard continues. This month they appealed a ruling by Federal Court Justice Michael Phelan that would effectively close the door to them ever receiving any compensation.
Lawyer Alyssa Tomkins, a partner with Caza Saikaley, is representing Hébert and Richard, along with another New Brunswicker, pro bono.
She explained the 167 people who were refused government compensation in 2015 had launched a class-action lawsuit, which was settled in May.
Lawyer Alyssa Tomkins is appealing a court ruling that settles a class action lawsuit by thalidomide survivors. The settlement order, which is tied to a 2019 compensation program, would leave Hébert and Richard out. (http://www.plaideurs.ca)
The settlement order applies to all members of the suit, including Hébert and Richard, and means they have to accept the new 2019 program, even though it excludes them and 40 others based on their birth dates.
Tomkins is arguing that based on the negative or "deleterious" effects of the settlement on so many class members, the order should be set aside.
"Effectively, the settlement provides little benefit, we've alleged, to class members within the birth date framework. And yet it's devastating to those outside it," she said.
Let's work with integrity and let's show our hearts. We may have done mistakes in the past but it's never too late to show compassion.
- Noëlla Hébert
Tomkins worries that if the settlement holds up, it will make it "extremely difficult" for victims to ever get the government aid they are entitled to.
In his ruling, Phelan also raised concern about the birth date parameters set by the 2019 compensation program and said there was a "less than clear" explanation from government as to why it was necessary.
"Canada's explanation for its rigid approach, while coldly scientific, lacked the compassion for the individual which the government espoused," he wrote.
In his May decision, Justice Michael Phelan encourages the government of Canada to reconsider birth date requirements that exclude at least 42 people from a new compensation program for thalidomide survivors. (Federal Court of Canada)
"Some of the individuals failed to qualify by a matter of a few weeks — their stories were tragic and compelling. Class counsel recognized the problem but on this issue Canada was intractable."
Phelan said if it was within the power of the court, he would have struck out the date parameters.
"Regrettably, the court is powerless to do anything about this issue, other than to encourage a compassionate reconsideration."
Phelan goes on to acknowledge that class members are advancing in age and have increasing requirements because of their disabilities.
"Time is not their friend, if not yet their enemy."
Despite this setback, Hébert is undeterred and ever hopeful that the many politicians she has met with over the years will reconsider and put an end to this "nonsense."
"It's never too late. We can say, 'The past was the past. Let's talk with integrity now. Let's work with integrity and let's show our hearts.' We may have done mistakes in the past but it's never too late to show compassion."
'I am a hero of history'
Hébert's sense of humour is still in tact as she talks about some of the accommodations she needs to continue to live in her own home.
"I don't have a ramp to bring my scooter with me in my truck. I don't have a ramp outside my door. I don't have the [modified] steering wheel because my steering wheel is too heavy for me to turn on my SUV."
"It costs an arm and a leg — which I don't have," she jokes.
Compensation would allow Hébert to afford accommodations such as a ramp for her home, a ramp to be able to transport her scooter in her truck and an adaptive device to allow her to continue to drive. (Vanessa Blanch/CBC)
She knows the body she was born with will never allow her to do what her spirit would like, but she still looks forward to a day with simple accommodations — raised garden beds, for instance, so she can grow plants on her deck.
"It's about the recognition of being who I am," she said.
"I am a hero of history. I've conquered the world with a not normal body and instead of looking at us with eyes of pity, they should say to us, 'Oh my God — you're champions. You should have a medal.'"
Vanessa Blanch is a reporter based in Moncton. She has worked across the country for CBC for 20 years. If you have story ideas to share please email: vanessa.blanch@cbc.ca
Nicholas Thomas Probably cost the government (and hence us) far more wasting time finding reasons to not pay compensation than it would have cost to pay it :(
larry beggs I'm sure being crippled is not fun, whether born or in an accident, l can understand compensation in a case of accidents, but being born with any birth defects, is not our governing problems. From the looks in these photos, she is not in the slums, looks more like a case of needing money to keep up with huge house payments. You have a nice wheelchair and office. Sorry, but I'm not for sympathy in what I see or hear in this case.
Beverley Kernan This scenario is so very sad, but also very ironic. Today, when life-changing or game-changing events occur (thinking accidents, children born with mental and/or physical challenges, victims of crime etc), there are amazing support systems out there to help guide new parents, their children ... almost anyone whose life has experienced a major 'event'. The life-changing event for thalidomide victims and their parents happened just several weeks into their gestation. Not to be revealed until birth. There was little knowledge,then, as to effects of cigarettes, alcohol, even emotions on unborn children, let alone drugs ... compared to the information available now. And think of the diagnostic equipment now used on unborn children in the event of problems and how corrective surgeries for physical defects are now corrected in utero. None of that was available then ... These persons are living proof of: "What doesn't kill you only makes you stronger".
They do deserve medals for their bravery, persistence and accomplishments!!! As do their parents and families!! BRAVO!!
And they do deserve the compensation and financial support that may be required as they age. Especially when it has been scientifically proven that their deformities were caused by thalidomide. And especially when those deformities happened in the early stages of their mother's pregnancies, not at their births. The time parameters need to be dropped.
This program is intended to help meet the lifetime needs of Canadian thalidomide survivors. It is being delivered by Epiq Class Action Services Canada* (also known as Epiq), an independent third-party service provider.
Epiq is responsible for:
delivering ongoing support payments
managing the Extraordinary Medical Assistance Fund (EMAF)
this fund will pay for specialized surgery, home and vehicle adjustments to accommodate survivor disabilities
assessing and re-assessing the health status of thalidomide survivors
determining the eligibility of people who identify themselves as survivors of thalidomide
*as of July 1, 2019, Crawford Class Action Services (a division of Crawford & Company Canada responsible for delivering the CTSSP) became Epiq Class Action Services Canada further to a business acquisition.
Program information
Ongoing lifetime support through the program includes:
tax-free payments based on level of disability
these will increase by 2% a year
payments will continue for the survivor’s lifetime without the need to reapply
timely and easy access to the EMAF
the EMAF will increase by 2% a year
Program eligibility
You are eligible for support under the program if you:
are a Canadian thalidomide survivor who was compensated as per the 1991 Extraordinary Assistance Plan (EAP) or under the Thalidomide Survivors Contribution Program (TSCP)
there is no need to reapply if you are a thalidomide survivor who already received payment through the EAP or the TSCP. You will be transferred automatically to the program and will continue to receive your benefits
are listed on an existing government registry of thalidomide victims
are determined by the third-party administrator to be eligible
If your application to the 2015 Thalidomide Survivors Contribution Program was denied, you may be affected by a Class Proceeding. Please visit the Thalidomide Survivors Contribution Program for more information.
Information for potential thalidomide survivors
Contact Epiq if you think you are a survivor of thalidomide who has yet to be recognized by the federal government.
As established by an Order in Council, the Canadian Thalidomide Survivors Support Program (CTSSP) uses a three-step probability-based medical assessment process summarized below. Applicants must meet the requirements established at each step in order to move onto the next.
Preliminary Screening:
The date of birth of the person in Canada falls within the period beginning on December 3, 1957 and ending on December 21, 1967;
The person's date of birth or any other information available is consistent with maternal ingestion of thalidomide in the first trimester of pregnancy and;
The nature of the person's congenital malformations is consistent with known characteristics of congenital malformations linked to thalidomide.
Application of a diagnostic algorithm for thalidomide embryopathy: The algorithm will harness the best available international science in understanding the patterns of thalidomide embryopathy, and will yield a probability based result. It is not a definitive medical test.
Recommendation by medical-legal committee: A medical-legal committee, established by Epiq, will consider the totality of the information related to the application and any other evidence that it considers to be relevant. This could include genetic test results and medical exams it may requisition, to inform its recommendation to the third party administrator that an individual is eligible for support under the Program.
Application Period
The CTSSP application period is from June 3, 2019 to June 3, 2024.
GCG Announces Integration with Canada’s Leading Claims Administrator, Crawford Class Action Services, Debuts International Brand Identity
GCG unites two recognized leaders with proven success executing historic settlement administrations across North America
| Source:Crawford & Company
NEW YORK, June 15, 2017 (GLOBE NEWSWIRE) -- Garden City Group, LLC (GCG), a wholly-owned subsidiary of Crawford & Company® and a leading global provider of settlement administration solutions, is pleased to announce it has added Canada’s oldest and most trusted class action claims administrator – Crawford Class Action Services – to its portfolio. The integration brings together two reputable leaders with a combined half-century of expertise in government, legal, technology and operations and strengthens GCG’s capacity to provide premier administration services to clients across North America.
Crawford Class Action Services has been administering class action settlement and voluntary redress programs since class action law came into existence in Canada in 1992. Canadian courts have turned to Crawford Class Action Services to administer cases involving product recalls, water system contamination, tainted blood transfusion, Indian residential schools, institutional duty of care and pharmaceutical and medical device defects. Crawford’s Canadian Class Action services team has handled some of Canada’s most historic settlement programs, including the Hepatitis C class action settlements, Residential Schools Class Action Litigation, KPMG Overtime Redress Plan and the Walkerton Class Action Settlement.
“This integration is an important step toward expanding the GCG brand globally,” said Kenneth Cutshaw, president and CEO of GCG. “Crawford Class Action Services has demonstrated its value to the Canadian courts, the legal community and consumers for more than two decades. We look forward to continuing that tradition and to delivering a more comprehensive suite of services to our clients in North America and around the world.”
Michael Mooney, vice president and general manager of Crawford Class Action Services, will remain at the helm of GCG’s Canadian operations. During his 10-year tenure, Mooney has earned the confidence of the courts, serving as both a court-appointed monitor and an independent auditor in the pre-settlement stage, where he ensures cases are administered fairly and in accordance with the terms of the settlements and the court’s directives.
“This alignment with GCG affords our clients the perspective of a company that has operated longer and across a broader range of litigation, both of which are critical and competitive advantages in Canada’s emergent class action environment,” said Mooney. “In return, our intimate knowledge of the landscape combined with our access to the Crawford Canada network will have an immediate and positive impact on GCG’s clients across North America.”
New International Brand Identity In conjunction with its expansion into the Canadian market, GCG today debuted a new logo and brand identity, which reflects both the company’s international growth and its long-standing and on-going commitment to delivering more: more expertise, more value, more technology, more service lines in more countries, and more resources dedicated to providing clients the quality and service they expect. The new branding centers upon the sole use of the GCG acronym.
“We recognize and appreciate how far we’ve come as ‘Garden City Group,’” said Christi Cannon, senior vice president and chief client officer. “But we’re equally excited about the future as GCG, where our brand identity is driven by our industry-leading team and their commitment to solving our clients’ complex challenges in smart, innovative ways. As we continue to expand, our vision and values will inform everything we do, and we think our new branding captures that perfectly.” To learn more about GCG’s new logo and brand identity, please visit us at choosegcg.ca. Stay up to date with the latest news about GCG by following us on Facebook (facebook.com/gcgnews), Twitter (@GCGnews) and LinkedIn (GCG).
About GCG For more than three decades, GCG (www.choosegcg.com) has been the premier global provider for class action settlement administrations, restructuring and bankruptcy matters, mass tort settlement programs, regulatory settlements, and data breach response programs. GCG is the partner of choice for leading law firms, corporate legal departments, and government agencies, handling a wide range of matters, including notably the General Motors Ignition Switch Defect Litigation, the CAD$4.6 billion Indian Residential Schools Settlement, the $2.3 billion Bank of America Securities Litigation, the more than CAD$2.1 billion Hepatitis C class action settlements, the more than $1.425 billion Stryker Hip settlements, the $500 million Countrywide MBS Settlement and the Walkerton Class Action Settlement. GCG is a subsidiary of Crawford & Company.
About Crawford® Based in Atlanta, Crawford & Company® (NYSE:CRD‐A) (NYSE:CRD‐B) is the world's largest publicly listed independent provider of claims management solutions to insurance companies and self-insured entities with an expansive global network serving clients in more than 70 countries. The Crawford Solution™ offers comprehensive, integrated claims services, business process outsourcing and consulting services for major product lines including property and casualty claims management, workers compensation claims and medical management, and legal settlement administration. More information is available at www.crawfordandcompany.com.
For more information, please contact: Christi Cannon 631-470-6845 Christi.Cannon@choosegcg.com
Welcome to the official website for the Pre 1986/Post 1990 Hepatitis C class action settlement. The purpose of this website is to provide visitors with information relating to the settlement and the settlement benefit claims process.
The final claims deadline for applications under the settlement was June 30, 2016. The Administrator is not in a position to process claims filed after this date.
The Settlement
The Pre-1986/Post-1990 Hepatitis C Settlement Agreement is for the benefit of people infected with Hepatitis C through the blood system in Canada prior to January 1, 1986 or between July 2, 1990, and September 28, 1998, and certain members of their families.
Please review the information on this Web site very carefully. This will help you to determine whether you are eligible or not for compensation. Please note that the first claim deadline under this Agreement has passed. Please refer to the Claim Deadlines section under General information on this Web site for further information about exceptions. Once you have reviewed the information contained in this Web site, you may contact the Administrator if you have any questions or comments.
Alyssa Tomkins has a broad-ranging litigation practice in both official languages, including corporate and commercial litigation, bankruptcy and insolvency, administrative/constitutional law and construction, including procurement and the law of tender. Alyssa has appeared before all levels of court, in various commercial arbitrations and before administrative tribunals, including the Canadian International Trade Tribunal and various agricultural marketing boards.
Prior to joining Caza Saikaley at the time of its inception, Alyssa clerked for the Honourable Michel Bastarache at the Supreme Court of Canada and worked for several years at a national firm.
Alyssa is the co-chair of the County of Carleton Law Association Technology Committee and co-chaired a conference on the use of technology in litigation. She is a regular volunteer at Pro Bono Law Help Ontario and has acted on numerous pro bono matters in the area of human rights. She is also the volunteer coach of the University of Ottawa’s Laskin Moot team (constitutional and administrative law).
When Alyssa is away from the office, she is an avid soccer and hockey player, skis and is attempting to learn to snowboard. She also loves music of all kinds and can be convinced to play the trumpet.
Direct Line: 613-564-8269
atomkins@plaideurs.ca
CALL TO THE BAR
Ontario (2007)
EDUCATION
B.Sc. (Engineering Chemistry), B.A. (Political Studies), Queen’s University, 2002 (Distinction) LL.B., University of Ottawa, 2006 (Summa cum laude, Gold Medalist)
PROFESSIONAL AFFILIATIONS
The Advocates’ Society Association des juristes d’expression française de l’Ontario County of Carleton Law Association
Michel Bastarache, C.C., Q.C.
For more than a decade, Mr. Bastarache served as a Justice of the Supreme Court of Canada, participating in 680 cases and rendering 143 rulings spanning a spectrum of matters, including those involving questions of commercial law, labour and employment, public law, administrative law, and the application of the Canadian Charter of Rights and Freedoms.
Mr Bastarache was a member of the Interim Constitutional Court of Kenya responsible for the supervision of constitutional reform in 2010. He was also Commissioner, Commission d’enquête sur la nomination des juges au Québec, 2013. He was the Independent conciliator for the indemnification of victims of sexual abuse for the dioceses of Bathurst (2010-2012) and Moncton (2012-2014). In 2016, Mr. Bastarache was appointed as the independent assessor to manage the settlement of the Merlo/Davidson case, a class action against the Royal Canadian Mounted Police involving allegations of harassment, intimidation and discrimination based on sex or sexual orientation. Since 2015, he is vice president of the Administrative Tribunal of the Association of American States in Washington, a part time position, and is now serving as the president.
From 2008 to 2014, Mr. Bastarache was Counsel to the national law firm of Heenan Blaikie, where he headed a public law and appellate advocacy practice group. He was also a law professor and Dean at the University of Moncton Faculty of Law, and a law professor and Vice Dean the University of Ottawa Faculty of Law, Common Law Section.
Mr. Bastarache has been very active in the business community, notably as President and Chief Executive Officer of a life insurance company (from 1989-1994). Furthermore, he has sat on countless boards and committees focused on legal education and the practice of law.
Mr. Bastarache has received numerous honorary doctorates, as well as prestigious decorations and awards in recognition of his outstanding leadership in private practice, legal education, and the public service. Mr. Bastarache was named jurist of the year, Association des juristes francophones du Nouveau-Brunswick, 1993. Ordre des francophones d’Amérique, government of Quebec, 1981. Awarded Canadian 125th anniversary medal, 1993. Prix Boréal, Fédération des communautés francophones et acadiennes du Canada, 1995. Kavanagh Award, University of Ottawa, 1998. Received the Médaille de Commandeur de l’Ordre de la Pléiade, 1999, Goodman Fellow, University of Toronto, 1999. Fellow, American College of Trial Lawyers, 2001. Received the medal marking the 125th anniversary of the University of Montréal’s Faculty of Law, 2003. Officier de la Légion d’honneur (France), 2003. Member, Common Law Honour Society, University of Ottawa, 2003. Mr. Justice Bastarache has been nominated as Companion, The Order of Canada, 2009. Recipient of Queen’s Jubilee Medal 2012. In 2013, Mr. Bastarache received l’Ordre du mérite from l’Ajefo and was appointed Queen’s Counsel for New Brunswick.
Mr. Bastarache is the editor and principal author of three books: Language Rights in Canada (Yvon Blais, 1987 and 2004 (2nd ed.)), Les droits linguistiques au Canada, (Yvon Blais 1986, 2006 and 2013). Précis du droit des biens réels (Yvon Blais, 1993 and 2001 (2nd ed.)) and The Law of Bilingual Interpretation (Butterworths, 2008). Numerous publications in collective works and periodicals.
Member of the Board of Directors of Air Nova, Fundy Cable, Corporate Communications and Paturel Seafood, 1993-95. Member of the Editorial Boards of the Revue générale de droit international, the Revue québécoise de droit international, the Revue générale de droit, the review C’est ton droit and the Revue du Nouvel Ontario, 1985-88. Editor-in-Chief of the Canadian Bar Review, since 1998-2005.
Vice-Chair, National Judicial Institute, 2004-08; Member of the Canadian National Group to the Permanent Court of Arbitration, since 2005; Member of numerous committees on legal education and the practice of law. Member of the Atlantic Provinces Economic Council, 1992-94, Literacy New Brunswick, 1993-94, the Izaak Walton Killam Hospital for Children Foundation (Halifax), 1994-95, the Trudeau Foundation 2008-2014, and the Advisory Committees of the administration faculties at the University of Moncton and the University of New Brunswick at Saint John, 1994-95.
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56 lawsuits against Catholic Church that allege sexual abuse are before N.B. courts
Every month, new legal action is taken against the church in Moncton, Bathurst and Edmundston Gabrielle Fahmy · CBC News · Posted: Nov 15, 2017 6:00 AM AT
Number shocks former judge
The 56 new lawsuits were all filed after an extensive conciliation process.
Between 2012 and 2014, retired judge Michel Bastarache, who was brought in by the church, spoke to hundreds of victims and worked out a compensation formula for the church to pay them all.
In the end, the Archdiocese of Moncton had to come up with $10.6 million for victims, and the Diocese of Bathurst $5.5 million.
Victims received between $15,000 and $300,000, depending on the severity of the abuse, how old they were when it started, and how many years it lasted.
Bastarache said the conciliation process had to be delayed three times to accommodate new victims, which is why he's taken aback by so many lawsuits still before the courts.
"I'm just surprised that the numbers are so high," he said.
He also wonders why these alleged victims didn't take advantage of the process and are choosing to go to court instead.
"I heard about a hundred victims in Bathurst, another hundred in Moncton, and those people — 90 per cent of them, wanted absolute confidentiality," said Bastarache.
"A lot of them never told their story to anyone, not even in their family."
Lawyer says sexual abuse victims still waiting for money from Catholic Church
'There's a lot of frustration, and a lot of anger, and definitely distress' Alex Cooke · CBC News · Posted: Sep 13, 2019 7:32 PM AT
"There's a lot of frustration, and a lot of anger, and definitely distress," said Talach, who leads the sexual abuse department for the London, Ont.-based Beckett Personal Injury Lawyers.
"There's distress by these victims who were victimized as children and continue to remain somewhat vulnerable."
Talach said he and another lawyer are representing about 50 victims between the two of them.
A dozen of Talach's clients have reached settlements with the archdiocese, said Talach. The other dozen still haven't reached an agreement with the church.
But Talach said the battle isn't over even for those who have reached settlements. They still haven't received their money — and most of these settlements were agreed to more than three years ago.
Talach said the money offered is, for the victims, "taking pennies on the dollar."
Drake Ramore The Diocese got away with one here. Failing to disclose that the Church has turned a blind idea to active known pedophiles in their ranks should have disentitled to them to coverage.
Marguerite Deschamps Reply to @Drake Ramore: quite an entitled bunch!
James Risdon Reply to @Marguerite Deschamps: Who?
---------- Original message ---------- From: David Amos Date: Fri, 6 Dec 2019 04:59:25 -0400 Subject: Re: A little Deja Vu from the Maritimes for the lawyers Michel Bastarache and Rob Talach To: Snap
Not of the type you are referring to
On 12/5/19, Snap wrote: > Thanks for pointing this out, David. Are you a survivor? > > > > Sent from my iPhone > On 12/5/19, David Amos <david.raymond.amos333@gmail.com> wrote: > https://www.snapnetwork.org/canada > > > Canada > Coquitlam British Columbia > > Contact: Leona Huggins > Phone: 604-240-3741 > Email: SNAPVancouver@SNAPnetwork.org > Windsor Ontario > > Contact: Brenda Brunelle > Email: SWontario@snapnetwork.org > Toronto Ontario > Contact: Marion Kelly > Phone: 416-274-5954 > Email: marion.kelly12@hotmail.ca > > > SNAP SW Ontario Releases List of Credibly Accused Priests of the Roman > Catholic Diocese of London (Ont). > December 04, 2019 > > The following individuals were Roman Catholic priests who were either > incardinated priests of the Roman Catholic Diocese of London (Ontario) > or committed the offences noted while serving within the geographical > and ecclesiastical jurisdiction of the Diocese of London. > > If the individual belonged to another Religious Order of Diocese at > the time, it is noted in parentheses. These 36 individuals were > criminally convicted, and/or criminally charged by more than one > complainant and/or sued in a civil lawsuit which resolved for more > than $50,000. These categories are the basis of their “credibly > accused” status. The time period of offences contained within this > list is 1952 to 2005, being a period of 54 years inclusive. The events > take place in numerous communities throughout the Diocese of London > and in some cases also elsewhere. The individuals in this List are > limited to those who offended with young people, being minor males or > females, under the age of 18. Members on this list are both deceased > and living, with a ꝉ symbol noting those who are now deceased. > > A copy of this list with citations and links to supporting information > can be found here. > > This list is a work in progress and any additional information, > corrections or comments are welcome. Accuracy, accountability and > transparency is the ultimate goal. If you wish to make comment or > correction please contact: > > Brenda Brunelle – Southwestern Ontario SNAP Leader at – > SWOntario@SNAPNetwork.org 1 519 903-7503 > > Jerry Boyle SNAP Member at - > jeboyle@rogers.com 1 519 241-8165 > > > > https://davidraymondamos.blogspot.com/2019/12/survivors-create-public-list-of.html > > https://twitter.com/DavidRayAmos/with_replies > > David Raymond Amos @DavidRayAmos > Replying to @DavidRayAmos @Kathryn98967631 and 49 others > Methinks CBC and the folks within SNAP should Google two names Robert > Talach and David Raymond Amos Then ask the lawyer to explain page 134 > of this file real slow N'esy Pas? > > http://checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf > > #cdnpoli #nbpoli > > https://www.cbc.ca/news/canada/catholic-sexual-abuse-london-diocese-1.5384217 > > http://davidraymondamos3.blogspot.com/2019/06/ > > > > >>>>> ----- Original Message ----- >>>>> From: "David Amos"david.raymond.amos@gmail.com >>>>> To: "Rob Talach"rtalach@ledroitbeckett.com >>>>> Sent: Tuesday, June 12, 2012 10:59 PM >>>>> Subject: Re: Attn Robert Talach and I should talk ASAP about my suing >>>>> the Catholic Church Trust that Bastarache knows why >>>>> >>>>> The date stamp on about page 134 of this old file of mine should mean >>>>> a lot to you >>>>> >>>>> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf >>>>> >>> >>> >>> >>> http://davidraymondamos3.blogspot.com/2017/02/re-fatca-nafta-tpp-etc-attn-president.html >>> >>> Tuesday, 14 February 2017 >>> >>> RE FATCA, NAFTA & TPP etc ATTN President Donald J. Trump I just got >>> off the phone with your lawyer Mr Cohen (646-853-0114) Why does he lie >>> to me after all this time??? >>> >>> ---------- Forwarded message ---------- >>> From: Michael Cohen <mcohen@trumporg.com> >>> Date: Tue, 14 Feb 2017 14:15:14 +0000 >>> Subject: Automatic reply: RE FATCA ATTN Pierre-Luc.Dusseault I just >>> called and left a message for you >>> 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. >>> >>> >>> >>> >>> http://davidraymondamos3.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html >>> >>> Sunday, 19 November 2017 >>> >>> Federal Court of Appeal Finally Makes The BIG Decision And Publishes >>> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before >>> The Supreme Court >>> >>> https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do >>> >>> >>> Federal Court of Appeal Decisions >>> >>> Amos v. Canada >>> Court (s) Database >>> >>> Federal Court of Appeal Decisions >>> Date >>> >>> 2017-10-30 >>> Neutral citation >>> >>> 2017 FCA 213 >>> File numbers >>> >>> A-48-16 >>> Date: 20171030 >>> >>> Docket: A-48-16 >>> Citation: 2017 FCA 213 >>> CORAM: >>> >>> WEBB J.A. >>> NEAR J.A. >>> GLEASON J.A. >>> >>> >>> BETWEEN: >>> DAVID RAYMOND AMOS >>> Respondent on the cross-appeal >>> (and formally Appellant) >>> and >>> HER MAJESTY THE QUEEN >>> Appellant on the cross-appeal >>> (and formerly Respondent) >>> Heard at Fredericton, New Brunswick, on May 24, 2017. >>> Judgment delivered at Ottawa, Ontario, on October 30, 2017. >>> REASONS FOR JUDGMENT BY: >>> >>> THE COURT >>> >>> >>> >>> Date: 20171030 >>> >>> Docket: A-48-16 >>> Citation: 2017 FCA 213 >>> CORAM: >>> >>> WEBB J.A. >>> NEAR J.A. >>> GLEASON J.A. >>> >>> >>> BETWEEN: >>> DAVID RAYMOND AMOS >>> Respondent on the cross-appeal >>> (and formally Appellant) >>> and >>> HER MAJESTY THE QUEEN >>> Appellant on the cross-appeal >>> (and formerly Respondent) >>> REASONS FOR JUDGMENT BY THE COURT >>> >>> I. Introduction >>> >>> [1] On September 16, 2015, David Raymond Amos (Mr. Amos) >>> filed a 53-page Statement of Claim (the Claim) in Federal Court >>> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million >>> in damages and a public apology from the Prime Minister and Provincial >>> Premiers for being illegally barred from accessing parliamentary >>> properties and seeks a declaration from the Minister of Public Safety >>> that the Canadian Government will no longer allow the Royal Canadian >>> Mounted Police (RCMP) and Canadian Forces to harass him and his clan >>> (Claim at para. 96). >
I.G. Whitehall, Q.C.
Mr. Whitehall has a JD from the University of British Columbia and a graduate degree in Public Law from the University of Alberta Law School.
After a short period in practice in Vancouver he joined the Department of Justice in 1971 occupying increasingly senior positions and in 1989 becoming the Chief General Counsel with the rank of Assistant Deputy Minister. He was in the apposition until he retired from the Public Service.
Mr. Whitehall has considerable experience in commercial litigation. Mr. Whitehall was the Chief General Counsel of the Canadian Department of Justice from 1989 to 2003. Mr. Whitehall is part of an elite circle of litigators, having appeared dozens of times before the Supreme Court of Canada. He is also one of those rare lawyers possessing experience with major commercial cases, arbitrations and public inquiries. He has been repeatedly named as Canada’s best lawyers in litigation involving First Nations.
Mr. Whitehall’s experience as counsel highlights our firm’s capacity and reputation in public law litigation, such as Charter and aboriginal rights issues.
Mr. Whitehall has appeared several times as counsel before major national and international arbitrations. He has been named as a member of the Canadian Committee of the International Chamber of Commerce and he was a member of the ADR Institute of Canada. Mr. Whitehall. In 2012, Mr. Whitehall was appointed a Deputy Judge of the Superior Court of Justice, Small Claims Division, where he regularly presided over cases involving contract disputes.
For several years Mr. Whitehall has been listed as one of the Best Lawyers in Canada and lectured extensively on numerous legal topics. Mr. Whitehall was once again recognized as one of the Best Lawyers in Canada in 2017 for his work in International Arbitration and Aboriginal Law. Direct Line: 613-564-8273 iwhitehall@plaideurs.ca
CALL TO THE BAR
BC (1967) Ontario (1985)
EDUCATION
Received his BA in 1964, JD in 1967 and a Post Graduate Diploma in Public Law in 1983. He also holds a Certificate in Arbitration issued by the ADR Institute of Canada
PROFESSIONAL AFFILIATIONS
Ontario Bar Retired member of the BC Bar
Jeff G. Saikaley
Jeff G. Saikaley practices in most areas of civil litigation in both official languages, with a focus on commercial litigation, employment law and libel and slander cases. Jeff appears before all levels of court and many tribunals. He was co-counsel on Cusson v. Quan, a landmark defamation case argued before the Supreme Court of Canada. Jeff has also appeared before the Court of Appeal for Ontario and regularly appears before the Superior Court of Justice.
Jeff is the co-chair of the County of Carleton Law Association Civil Litigation Conference Montebello @ Tremblant and, for several years, served as a Trustee of the CCLA. Jeff is also a member of the Advisory Committee of Arbitration Place.
In 2016, Jeff was awarded the Top Forty Under 40 prize by the Ottawa Business Journal and Ottawa Chamber of Commerce, one of Ottawa’s most prestigious business awards recognizing accomplished and rising business leaders under the age of 40.
When Jeff is away from the office, he is a devoted fan of the Ottawa Senators and enjoys playing ball hockey and poker with friends. Direct Line: 613-564-8268 jsaikaley@plaideurs.ca
CALL TO THE BAR
Ontario (2002)
EDUCATION
B.A., University of Ottawa, 1998 LL.B., University of Ottawa, 2001
PROFESSIONAL AFFILIATIONS
The Advocates’ Society Association des juristes d’expression française de l’Ontario County of Carleton Law Association
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Search for Boston mobster victims heads to Nova Scotia
By The Associated Press Posted Jan 15, 2001 at 12:01 AM
YARMOUTH, Nova Scotia -- Massachusetts state police will travel to southwestern Nova Scotia Wednesday to examine a site where Boston mobsters may have buried their victims. Elizabeth Conrad Parent, 43, whose father Kenneth “Bobby” Conrad has been missing since 1979, believes he was killed by an associate of South Boston gangster James “Whitey” Bulger and buried in Canada -- alongside other victims of Bulger’s group.
Last month, Parent recounted to the Boston Herald that former FBI agent John J. Connolly Jr. told her almost 20 years ago that her father was stabbed by Bulger associate Louis R. Litif, and buried in Nova Scotia. Parent believes her father disappeared after witnessing a Mafia killing in the basement of a Boston bar.
The Halifax Daily News reported yesterday that four officers will fly to Yarmouth to discuss with local Royal Canadian Mounted Police a small parcel of land in rural Deerfield, Nova Scotia. According to land registry reports, Litif -- who was murdered in Boston in April 1980 -- purchased a house and land in Deerfield in 1971. His widow is still an absentee landlord of the property.
Sgt. Brian Oldford, a spokesman for the RCMP, said any potential murder investigation would be handled locally. “We would rely heavily on (Massachusetts police) for intelligence, but the actual homicide, as I understand it from reading the newspaper, took place on Canadian soil and the body’s on Canadian soil,” he said.
Oldford expects the Massachusetts investigators will be in Nova Scotia for only one day. “It’ll just be a matter of them telling us what they know and then getting them back on the plane,” he said.
Parent said Connolly told her in a 1983 telephone conversation “a lot of bodies” were buried at the site.
Bulger, who is on the FBI’s Ten Most Wanted list, was recently indicted on new charges alleging he was involved in 18 murders.
Could mobster arrest shed light on rumour? The Vanguard Published: Jun 23, 2011 at midnight Updated: Sep 30, 2017 at 7:20 a.m.
The RCMP conduct of a dig of a rumoured mob graveyard in Yarmouth County in October 2001. No human remains were found. TINA COMEAU PHOTO
By Tina Comeau
THE VANGUARD
NovaNewsNow.com
The arrest of notorious mobster James “Whitey” Bulger in Santa Monica, California, on Wednesday, June 22, has piqued the interest of the RCMP in Yarmouth who wonder if Bulger’s arrest may eventually shed new light on a rumoured mob graveyard here.
After being on the FBI’s 10 Most Wanted List and on the lam for around 16 years, the 81-year-old mob king-pin was arrested without incident after the FBI launched some daytime television ads two days before seeking the whereabouts of Bulger's girlfriend, Catherine Greig, with a $100,000 reward offered. There was a $2 million reward for Bulger's capture.
Corporal Dana Parsons, of the RCMP’s Southwest Major Crime Unit based in Yarmouth, had not yet heard about Bulger’s arrest when contacted Thursday morning by the Vanguard. He admitted the arrest is intriguing in terms of the information it could yield when Bulger is questioned by American authorities.
Bulger was wanted on charges of racketeering, 19 counts of murder, conspiracy to commit murder, money laundering, extortion and drug distribution.
But in these parts his name is of interest given rumours of a mob graveyard in Yarmouth County.
In 2001, an extensive dig was held at a property located at the corner of the Saunders Road and Mood Road. For 20 days the RCMP had the permission to dig a 1.2-acre site where a bartender from Boston was rumoured to be buried.
The property was turned upside-down and inside-out, and there was even digging done in the basement of a residence on the scene, but no human remains were found.
Cpl. Parsons notes that this was not a missing persons file in Nova Scotia, rather it was a missing persons file originating in the United States. Therefore it is still up to American authorities to lead any investigation or inquiries. But this isn’t to say, he says, that if new substantiated information comes forward that the police here wouldn’t get involved again.
“It should be their follow-up as far as the interview of Bulger and if he discloses that a murder occurred up here, than we would become involved again,” Parsons says.
The man whose remains the RCMP were searching for when they carried out the dig in October 2001 was South Boston bartender Kenneth Bobby Conrad, who disappeared in 1979 after allegedly witnessing a mob hit. The man’s daughter claimed that two years after her father vanished, an FBI agent by the name of John Connelly had told her that her father had been lured to Yarmouth County by a mob associate and murdered.
At the time of Conrad’s disappearance, the property was owned by Louis R. Litif, who was an associate of Bulger. Conrad’s daughter said she had been told that Litif had killed her father and buried his body at the property. She said she was told other bodies were buried there as well.
Getting information from Litif years later was a dead end. In 1980 he was killed in a gangland slaying in Boston. In 2001 his widow had given police the permission to dig up the property. She had taken over part ownership of the property a month before Litif was killed.
(An interesting footnote in this story is Whitey Bulger used to be an informant for the FBI. But when it was decided in 1994 he had to be arrested for his crimes, it was FBI agent John Connelly who had tipped Bulger off, allowing him to escape and remain on the lam for 16 years. Connelly is serving time for obstruction of justice.)
When the news surfaced in 2000 about a possible mob graveyard in Yarmouth County – which led to the dig a year later – local residents of the area said they had heard rumours about alleged mob connections to the property in the past. So while the news was shocking, it wasn’t necessarily surprising.
The RCMP dig was not a simple matter of the police going onto the property with shovels. An infrared device was used to detect variations or disturbances in the ground. A gas-powered machine with a spike drum was used to unlock scents beneath the ground for police dogs. An excavator was brought onto the scene. Even the Yarmouth County Ground Search and Rescue Team conducted a hands-and-knees search through wooded areas of the property that had not been dug up by the excavator.
But in the end, the RCMP could only dig and search the area for which they had permission. After a week they concluded the dig.
“It’s never been laid to rest because there has never been a resolve to the disappearance of that body,” says Cpl. Parsons.
On the one hand, there was no body found on the property, so was it just a rumour and therefore a waste of money and effort? Or on the other hand, did the dig not go far enough?
Cpl. Parsons says while the RCMP here won’t be looking to lead any new investigation into the matter, because the file originates in the United States, he said he may contact U.S. authorities just to touch base with them and remind them of the assistance the police here provided in the past.
“We don’t have an open file on a missing persons, our file was an assistance file to them to see if there was a body up here on that property in Deerfield,” he says. “Ultimately it’s their lead and what we would do is follow-up on anything they gave us.”
Yet while Cpl. Parsons stresses the onus would be on the American authorities, he says ultimately in investigations of missing persons everyone is seeking the same goal – to bring these investigations to a successful conclusion and hopefully bring about closure for a family.
And perhaps, in this case, to also put rumours to the test, or put them to rest.
---------- Forwarded message ---------- From: Shimon Fogel <sfogel@cija.ca> Date: Thu, 22 Aug 2013 16:35:43 -0500 Subject: Re: A Neo-Nazi estate dispute being overseen by two Jewish groups Perhaps Shimon Fogel should talk to his lawyer or the Attorney General Blais or his Number # fan Mr Baconfat??? To: David Amos <motomaniac333@gmail.com>
Mr. Amos,
I still do not know who you are and at this point, could care less. But I do care about your emails clogging up my inbox. Please remove me from your list and refrain from contacting me again. Your failure to respect my request will compel me to seek all legal measures to oblige your compliance and to file whatever charges are available.
You are free to hold whatever views you wish – but I don't have to hear, read or humour them. Thank you in advance for your attention to this matter.
SKF
Shimon Koffler Fogel, CEO Centre for Israel & Jewish Affairs 613.234.8271 ext.240
The Centre has a new look online. Visit cija.ca and let us know what you think!
Lauren Gazzola | Communications Associate - Publications Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 p 212-614-6480 | e LGazzola@ccrjustice.org www.ccrjustice.org Follow @theCCR on Twitter and "Center for Constitutional Rights" on Facebook
"Animals matter. Animals matter because they not only live, but have lives-lives that we have every reason to believe are filled with joy and pain." - Jonathan Safran Foer
It's not food. It's violence.
---------- Original message ---------- From: "Bell, Stewart (National Post)"<sbell@nationalpost.com> Date: Thu, 22 Aug 2013 16:21:58 -0500 Subject: Re: A Neo-Nazi estate dispute being overseen by two Jewish groups Perhaps Shimon Fogel should talk to his lawyer or the Attorney General Blais or his Number # fan Mr Baconfat??? To: David Amos <motomaniac333@gmail.com>
---------- Forwarded message ---------- From: Shimon Fogel <sfogel@cija.ca> Date: Thu, 22 Aug 2013 07:20:39 -0500 Subject: Re: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com>
I have no idea who you are or why you have decided to add me to your list of individuals receiving you messages. Please remove my name from your list-serve.
Best regards,
SKF
Shimon Koffler Fogel Centre for Israel & Jewish Affairs 613.234.8271 ext.240
The Centre has a new look online. Visit cija.ca and let us know what you think!
WHAT DO YOU THINK OF THIS ZIONIST'S MANY EVIL WORDS MR FOGEL???
Monday, May 27, 2013 Zionism,The David Amos Rant, and the Pederast! David Amos is a garden variety coward and anti-Semite. He hates Zionists. He proudly trumpets his hatred, vitriol, venom, and insane animus against Jews and Zionists. He proclaims his insane ideas that "Jewish bankers are trying to blow up the world's economy," on "conspiracy theory computer web sites."
Yes David Amos, I am a Zionist! I served in IDF as an exchange officer. I am in good company. Arik Sharon was a Zionist. Theodor Hertzl was a Zionist. David Ben Gurion was a Zionist. British Foreign Secretary Harold Balfour was a Zionist. Sir Winston Churchill was a Zionist. Canadian Prime Minister Lester Pearson was a Zionist. United States President Harry Truman, was a Zionist.
Diaspora Jews may, or may not be Zionists, but true Jews are Zionists.
Ilikenewman, or young Owen from the UK, had David Amos pegged as a little man, a bigot, and called him out as the anti-Semite he is. He was "outted" on You Tube as an insane little man, for the entire planet to see, and disdain. David then tried to call young Owen's school in the UK. Just like he called the Dean of my daughter's law school.
Those people of Fredericton who see David Amos in their community now see him as the evil, pederast, anti-Semite hater, that he really is. The people of New Brunswick when the see his children or his daughter Laura, will see the racist pigs that David Amos raised them to be.
Zionists risk their lives for a greater good. Zionists fight and die for a home for the world's Jewry, a bolt hole if you will, from evil anti-Semites of the planet like David Amos.
Yes David I am a Zionist! You are a pedophile and your children racist animals like yourself. David who claim a past with Alberta, but the reality is that you couldn't find Alberta on a map of Canada, on the best day you ever had.
David, my lad, how is that for some "criminal malice?"
Posted by Seren at 8:50 PM
---------- Forwarded message ---------- From: "Murray, Leanne"<leanne.murray@mcinnescooper.com> Date: Wed, 21 Aug 2013 21:28:56 -0300 Subject: Out of Office: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com>
I will be out of the office on vacation from August 5 to 21, 2013, inclusive, and will have limited access to email during this time period.
For immediate assistance from August 5 to 9, 2013, please contact Lynn Davidson at 453-0929 or by email at lynn.davidson@mcinnescooper.com. For immediate assistance from August 12 to 21, 2013, please contact Margie Loisel at 458-1034 or by email at margie.loisel@mcinnescooper.com; otherwise, I will get back to you as soon as possible upon my return.
---------- Forwarded message ---------- From: Britt Dysart <bdysart@stewartmckelvey.com> Date: Thu, 22 Aug 2013 00:21:17 +0000 Subject: Automatic reply: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com>
I am out of the office in meetings much of today, and will not have regular access to my email or voicemail during this time. Please contact my assistant,Sonja at 506-443-9942 and she will direct your inquiry. Otherwise, I will contact you upon my return .
*********************************** This e-mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records. ----------------------------------- Ce courriel (y compris les pièces jointes) est confidentiel et peut être privilégié. La distribution ou la divulgation non autorisée de ce courriel est interdite. Sa divulgation à toute personne autre que son destinataire ne constitue pas une renonciation de privilège. Si vous avez reçu ce courriel par erreur, veuillez nous aviser et éliminer ce courriel, ainsi que les pièces jointes, de votre système informatique et de vos dossiers.
---------- Forwarded message ---------- From: Teri Soontiens <tlsoontiens@stewartmckelvey.com> Date: Thu, 22 Aug 2013 00:21:23 +0000 Subject: Automatic reply: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com>
I will be out of the office the afternoon of Wednesday, August 21, 2013. If your matter is urgent, please contact Chantal MacAusland at cdmacausland@stewartmckelvey.com.
*********************************** This e-mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records. ----------------------------------- Ce courriel (y compris les pièces jointes) est confidentiel et peut être privilégié. La distribution ou la divulgation non autorisée de ce courriel est interdite. Sa divulgation à toute personne autre que son destinataire ne constitue pas une renonciation de privilège. Si vous avez reçu ce courriel par erreur, veuillez nous aviser et éliminer ce courriel, ainsi que les pièces jointes, de votre système informatique et de vos dossiers.
From: Charles LeBlond <cleblond@stewartmckelvey.com> Date: Thu, 22 Aug 2013 00:10:39 +0000 Subject: Automatic reply: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com>
I will be out of the office until Monday, August 26, 2013. I will have limted acess to emails. For immediate assistance, please contact my assistant Teri at tlsoontiens@stewartmckelvey.com. Je serai absent du bureau jusqu'au 26 août, 2013. J'aurai un accès limité à mes courriels. Pour une aide immédiate, communiquez avec mon assistante Teri à tlsoontiens@stewartmckelvey.com. .
*********************************** This e-mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records. ----------------------------------- Ce courriel (y compris les pièces jointes) est confidentiel et peut être privilégié. La distribution ou la divulgation non autorisée de ce courriel est interdite. Sa divulgation à toute personne autre que son destinataire ne constitue pas une renonciation de privilège. Si vous avez reçu ce courriel par erreur, veuillez nous aviser et éliminer ce courriel, ainsi que les pièces jointes, de votre système informatique et de vos dossiers.
---------- Forwarded message ---------- From: Mail Delivery Subsystem <mailer-daemon@googlemail.com> Date: Thu, 22 Aug 2013 00:10:30 +0000 Subject: Delivery Status Notification (Failure) To: motomaniac333@gmail.com
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On 8/21/13, David Amos <motomaniac333@gmail.com> wrote: > Well who gets to oversee the malicious actions of the Attorney General? > > Methinks it must be mean old me. Its a dirty job but soembody has to > do it. What say you? Please check the pdf file hereto attached and > argue me in writing if ya dare. > > The Chaisson lawyer is a partner in McInnes and Cooper thus he and his > partners have had Hard Copy of some of my concerns about illegal > probate actions practiced against the courts by lawyers for many > years. According to the CROWN Corp known as the CBC(They would not > conceal awful truths would they?) Chaisson dismissed Hughes' > suggestion that the Southern Poverty Law Centre is pulling strings as > "a conspiracy theory.""Where is the evidence? You can't just come to > court and throw wild accusations like that without any shred of > evidence," said Chiasson. > > Well trust that I have LOTS of evidence of conspiriacies practiced by > the Southern Poverty Law Center and legions of others that Chaisson > and his fellow lawyers should have disclosed to John Hughes by now. > Perhaps John Hughes should ignore his golfing buddies and finally call > me back. He and I should bury the hachet and he should simply quit > bullshitting me and ask me nicely for an affidavit and invite me to > court on September 10th. The amount being argued within the McCorkell > estate is chump change to me. However the Free Speech issues and the > right to privacy without state intervening on behalf of unethicial > "civil rights" groups certainly is not. > > The awful truth is the Attorney General is an elected public official. > The Blais lawyer from Moncton was appointed by her mindless party > leader David Alward to uphold the law not to break it for the benefit > of greedy Yankees. The self appointed Jewish Groups who claim to be > the gusrfians of our civil rights are no such thing that task belongs > to our Justice officials. The Jewish groups should have had no > standing in the mcCorkell matter whatsoever.Hell even Canadian Jewish > lawyers such as Ezzy Baby Levant and Karen Selick agreed with me very > publicly. To watch a corrupt Attorney General and her mindless minions > side with a couple of sneaky Yankee lawyers was truly comical indeed > but to see the Court of the Queen's Bench allow the nonsense of it all > was way beyond ridiculous. > > How will the ordinary folk of New Brunswick have any idea what joke > the province may become over this frivolous action if the CBC and > their media buddies do not duly inform them of all sides of the matter > instead of merely slandering people. How many taxpayers dollars have > been spent already on secretive ex RCMP private investigators and the > less that useles litigation team? It had not escaped my notice that > many bloggers etc are not so easily fooled by the Corporate Media. Try > Googling mccorkell new brunswick sometime to see how much of a joke > Maritimers have already become no thanks to Attorney General Blais and > her minions. > > Moncton's former city solicitor John Hughes should not have ignored me > years ago so I am not surprised that he ignored once again recently. > > The amount of money he wants to argue before the Supreme Court is the > smallest that I have ever seen. > > http://www.scc-csc.gc.ca/case-dossier/info/sum-som-eng.aspx?cas=31693 > > Trust that the pdf file hereto attached proves that I could make > Hughes a very wealthy man if he were even remotely ethical and his > friend Attorney General Blais and her boss Stephen Harper know it. > > Its just like I hinted in an email to the Yankee lawyer/preacher > Scotty Baby Lively who is also battling the same SPLC dudes that I > published early this morning before I heard the news today. In my > humble opinion Mr Streed should use his rights in the US of A and sue > everyone of the nastyCanadian bastards ASAP in a US District Court > pursuant to US Title 42 Section 1982. If they wish to attack him he > should at least get to pick the turf. > > http://thedavidamosrant.blogspot.ca/2013/08/the-snobby-lawyerpreacher- > scotty-lively.html > > http://www.cbc.ca/news/canada/new-brunswick/story/2013/07/31/nb-neo-na
- Hide quoted text - > zi-mccorkell-estate.html > > Hughes contends the Southern Poverty Law Centre is behind the whole > matter and recruited her. > > This is "a skillful operation by people who have done this many times, > not only to bankrupt their opponents, but to enrich their own > organization," he said. > > But her lawyer dismissed Hughes's suggestion that the Southern Poverty > Law Centre is pulling strings as "a conspiracy theory." > > "Where is the evidence? You can't just come to court and throw wild > accusations like that without any shred of evidence," said Chiasson. > > How his client pays her legal bills is a matter of client-attorney > privilege, he said. > > Judge ruled against cross-examination > Justice Peter Glennie ruled against allowing the cross-examination. > > "Cross examination under these circumstances should not become an > application for discovery," he said. > > The judge also ruled the temporary injunction should continue until > the hearing on Sept. 10. > > "I can't see any good coming out of this," said Chiasson, referring to > the estate going to the National Alliance. "Only evil would come from > that." > > Just in case folks think I don't understand the scene laid out above > pehaps they should checkout a letter an evil Special Agent of the US > Treasury Dept wrote me long ago. > > http://3.bp.blogspot.com/_ne8Q7TeybUc/SFNyAJCln9I/AAAAAAAABE8/seWnLXU8 > YMU/s1600-h/IRS.jpg > > Or find some fun in reading illegal ex parte documents filed by the US > Attorney in Beantown in order to try to protect his beloved Cardinal > Bernard Francis Law's evil arse. > They begin around page 100 of this file. > > http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf > > (Wanna see more? Trust that I have lots more All ya gotta do is surf > the > web) > > How about how I used US Title 42 to defend my dumb arse agains the > Janet Reno's pal the VERY VERY EVIL Yankee lesbian Judge Sidney Hanlon > in 2004? Everything Hanlon did against me was ex parte and VERY > ILLEGAL. > > http://www.law.cornell.edu/uscode/text/42/1982 > > 42 USC § 1982 - Property rights of citizens > > US CodeNotesUpdatesAuthorities (CFR)Current through Pub. L. 113-21. > (See Public Laws for the current Congress.) > > All citizens of the United States shall have the same right, in every > State and Territory, as is enjoyed by white citizens thereof to > inherit, purchase, lease, sell, hold, and convey real and personal > property. > > Source > > (R.S. § 1978.) > Codification > > > R.S. § 1978 derived from act Apr. 9, 1866, ch. 31, § 1,14 Stat. 27. > Section was formerly classified to section 42 of Title 8, Aliens and > Nationality. > > > http://thedavidamosrant.blogspot.ca/2013/02/november-05-2004-legal-tal > k-text-of.html > > THE COMMONWEALTH OF MASSACHUSETTS > THE TRIAL COURT > DORCHESTER, SS. > DISTRICT COURT DEPARTMENT > THE COMMONWEALTH OF ) > MASSACHUSETTS ) > CRIMINAL ACTION > ) > DOCKET NO. 0407CR004623 > v . ) > ) > DAVID R. AMOS ) > ) > AFFIDAVIT OF DAVID R. AMOS > Now comes, David R. Amos, a Citizen of Canada and a Legal Permanent > Resident of the USA and asserts his Constitutional Rights pursuant to > Title 42 Sections 1981, 1982, 1985 and 1986 of the Federal Code and > freely swears under the penalties of perjury that the following > statements are true and to the best of his knowledge. > > http://www.thefreelibrary.com/Attorney+General+Janet+Reno+Opens+New+Do > rchester+Domestic+Violence...-a065078979 > > United States Attorney General Janet Reno came to Boston today to > announce the opening of the new Dorchester District Court Domestic > Violence Session, under a Department of Justice grant given to Boston. > The Judicial Oversight Demonstration Initiative (JOD) grant is for $7 > million over five years, contingent on continued Congressional > appropriations. > > Judge Sydney Hanlon, presiding judge of the Dorchester District Court, > will run the new domestic violence session. The domestic violence > court session will conduct arraignments, bail hearings, probation > surrenders, and probation reviews. It will also hear all ex parte and > contested civil restraining orders. > > http://www.mass.gov/courts/appealscourt/justices/hanlon.html > > http://wikiworldbook.com/global-address-book/Sidney-Hanlon > > > BTW lots of people hate lots of other people it is not illegal in most > places that are blessed with common sense. However with the right to > Free Speech come responsibility. Freedom has its limits in a > purportedly "Just" Society. Free Speech does not give one the licence > to injure others with your mouth or pen. > > R. v. Lucas, [1998] 1 S.C.R. 439 is the leading Supreme Court of > Canada decision on defamatory libel. The Court held that the freedom > of expression under Section 2(b) of the Canadian Charter of Rights and > Freedoms is subject to the "reasonable limits prescribed by law" set > out in Section 1 of the Canadian Charter of Rights and Freedoms. > > > Hell some offences come with quite a price tag in the British > Commonwealth. For instance libel and hate speech are illegal under the > Canadian Criminal Code Check Sections 300 and 319 if you don't believe > mean old me. > > http://laws-lois.justice.gc.ca/eng/acts/C-46/page-150.html#docCont > > http://laws-lois.justice.gc.ca/eng/acts/c-46/page-155.html#h-92 > > For instance the Jewish lawyer Ezzy Baby Levant can have fun preaching > hate on Corporate TV against fools as Arty Topham and legions of > mindless anarchists but just like all of you Ezzy dares not to even > breathe my name over the public airwaves if he wishes to keep his job. > This is a comical video. > > http://canadianhumanrightscommission.blogspot.ca/2012/11/muslim-hate-s > peech-and-authur-topham.html > > http://www.radicalpress.com/?p=1411 > > The wacko Arthur Topham that Ezzy Bay speaks of quite simply does not > know when to shut up. Even while he is being prosecuted under Section > 319 and after his strange lawyer Dougy Christie has shit the bed Arty > baby continues to hang himself with his own words. Look what the evil > bastard publishes about a Jewish lady lawyer just because he did not > like her opinion of Southern Poverty Law Center's nasty actions > against the McCorkell estate. > > http://www.radicalpress.com/?p=3081 > > However if you think Arty Topham and his Hitler worshipers are bad, > trust that you ain't seen nothing yet. Check out Ezzy Levant's # 1 fan > and fellow zionist. Ask yourself howcome Mr Baconfat can get away with > publishing such evil things about the Canadian Human Rights > Commissioners and many others for years? > > http://baconfat53.blogspot.ca/2009/06/welcome-to-alberta-human-rights. > html > > http://baconfat53.blogspot.ca/2009/06/jennifer-lynchfuck-you.html > > http://baconfat53.blogspot.ca/2009/06/people-to-steal-your-rights-want > -to.html > > http://baconfat53.blogspot.ca/2009_06_01_archive.html > > http://baconfat53.blogspot.ca/2009/07/welcome-to-inquistion.html > > Better yet howcome Arty Topham is too afraid to defend himself from Mr > Baconfat? > > Howcome Byron Prior is not allowed to? > > http://baconfat53.blogspot.ca/2009/10/byronprioreuthenasia-lobotomy.ht > ml > > Friday, October 9, 2009 > ByronPrior...euthenasia, lobotomy? > As I research the Byron Prior story it seems like a tragedy that could > only happen in Newfoundland . Byron Prior's siblings has been abused > by generations of his own parents. Such abuse tolerated and enabled by > Bryron Prior's father, and by the entire community from which he is > from. That is the crime here. It would surprise me to find out that > either Byron or one of his siblings is or was the product of incest. > > Arthur Topham has writen this about the Byron Prior case with the > assistance and consent of Audrey Prior, Byron Prior's wife. > > On March 28th of this year (2009) I received a short email from Byron > Prior, an associate out in Newfoundland, who I have been in email > contact with for a number of years. His case, as explained in the > websites listed in his email below, is most likely one of the best > examples of the power of the provincial and federal courts, aided and > abetted by a complicit media, to shield themselves and their political > cohorts from the scrutiny of public investigation. Byron's case is a > classic, albeit a relatively unknown one, that epitomizes the level of > corruption which exists within Canada's politically biased judicial > system and how that system becomes criminal itself in its overt and > covert methodologies used to shield the perpetrators of sexual abuse. > > When people of power are accused of wrongdoing and there is good > reason for inquiries to be held then those in such positions exploit > their influence for their own self-serving benefit and to the > detriment of our justice system as a whole. > > Byron Prior's case, like my own fight with B'nai Brith Canada and the > Canadian Human Rights Commission, is purposely kept hidden in the > twilight and shadows constructed by the Zionist-controlled mainstream > media. Our situations are quite different in terms of the underlying > reasons for the persecutions we face but the fact that the system > itself is abusing us both is beyond question. In my case the "crime" > is speaking the truth as I see it about the Rothschild Zionist global > conspiracy. > > In Byron's case the circumstances are far beyond anything so > threatening as the intellectual attack that I am being subjected to by > the state and its Zionist manipulators. His story is a macabre horror > story compared to my own, the details of which would provide ample > subject matter for a full length documentary. The reaction, by > Canada's legal system, to his noble and sincere efforts to gain both > recognition and justice are frightening and ominous. > > We have heard Dean Roger Ray tell everyone that freemasons raped Byron > Prior's sister. He has told us the "cover-up"has been perpertrated, by > freemasons, Jesuits, and the illuminati. Now conspiracy retard Arthur > Topham claims kinship with Byron Prior and the involvment of the > "State" and the "Zionists" in his "case" and the Byron Prior tragedy. > > Last evening over drinks at "a faculty club" at the U of A, I asked > two members to the Faculty of Law if they knew anything of Mr. Priors > case. Both relied NOTHING other than two "Charter issues" that have > recently dealt with by the Newfoundland Supreme Court . Indeed he was > exculpated and acquitted. None ofus are sure exactly why > > Mr.Prior's sexual assault allegations were fully investigated and that > there was NOT enough evidence to lay charges...especially considering > the time that has elapsed. As I understand it ...there is NO legal > means given the lack of evidence to compel Mr. Hickman to provide a > DNA sample. In fact his CharterRights preclude that. That begs the > question are Mr. Priors Charter Rights more important or relevant than > Mr. Hickman's? > > So what is justice here? Mr. Hickman ought not be compelled to provide > body samples merely because Byron prior accuses his of something > without evidece, reseasonable or probable cause.There appears to be NO > FACTS in this matter, no evidence to compel further proceedings. > > So now with Byron Priors ecouragement the conspiracy constitency has > embraced his cause. The Zionists are to blame, the freemasons raped > his sister ad nauseum...whereas the only conspiracy I see.....is in > Byron Prior's community and his family...they have alll covered up > this disgusting, inhuman incestuous abuse for generations . > > Byron Prior is obviously insane ..after all this who wouldn't be...he > should provide the evidence of his allegations to compel a DNA sample > ...simply accept the fact there are no legal grounds to forciably > obtain one. > > Byron Prior has made a bargain with the devil embracing conspiracy > retards.....he should just put in a deep dark hole. > > > Posted by Seren at 5:02 AM > > http://qslspolitics.blogspot.ca/2008/05/nfld-whistleblower-dodges-libe > l-charge.html > > Truth matters > Defamation law that ignores truth ruled unconstitutional Peter Walsh - > The Telegram (St. John's, NFLD) Tuesday, May 6 > > The Supreme Court of Newfoundland has ruled a law that could send > someone to prison for defamation is unconstitutional. > > Justice Lois Hoegg made the decision Friday. Her ruling also struck > down a criminal case by Crown prosecutors against Byron Prior of Grand > Bank. > > Prior claims that in 1966, a justice official in the province raped > and impregnated one of his relatives. Crown attorneys say Prior wore > placards and distributed flyers which published the allegations. > > The Royal Newfoundland Constabulary interviewed Prior's relative in > 2004 and in 2007, but the alleged victim denied she had been sexually > assaulted or that she even knew the person Prior said had attacked > her. > > Crown prosecutors tried to convict Prior of defamation under Section > 301 of the Criminal Code, which says "everyone who publishes a > defamatory libel is guilty of an indictable offence and liable to > imprisonment for a term not exceeding two years." > > The problem is, Hoegg said, the Crown couldn't prove that Prior was > knowingly spreading lies. > > "I find that it is not justified, in our free and democratic society, > for the Crown to use the heavy hammer of the criminal law against a > subject for publishing defamatory libel when the Crown is not able to > show that the subject knows that his statements are false. > > "The expression of truthful, unpopular or even false statements > deserve protection unless expressed in a violent manner," wrote Hoegg. > > Hoegg said if the Crown could prove Prior knowingly published > defamatory libel, it would have charged him under a different section > of the criminal code that says "everyone who publishes a defamatory > libel that he knows is false is guilty of an indictable offence and > liable to imprisonment for a term not exceeding five years." > > That law has withheld court challenges. Section 301 - the law which > does not mention the matter of truth - has been struck down as > unconstitutional by three other superior courts in Canada. > > "The sections catch different types of offender. To me, it naturally > follows that their purpose or objectives must be different," wrote > Hoegg. "I then determined that the objective (of Section 301) was not > so pressing and important as to override freedom of expression. The > section is offensive to modern day notions of justice." > > The decision only applies to criminal applications of defamation law. > Hoegg said Prior could possibly be sued in civil court over his > allegations. > > Three years ago, a federal politician filed a statement of claim in > the Supreme Court of Newfoundland and Labrador to have a website that > contained allegations about him by Prior removed. In the statement, > the politician said a website posted by Prior accuses him and other > prominent Newfoundlanders of wrongdoing. > > A website containing the allegations is still active ( see 1). Prior > claims to be a victim of physical and sexual abuse. > > pwalsh@thetelegram.com 709-364-2323 > > > 2005 01 T 0010 > > IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR > TRIAL DIVISION > BETWEEN: > > WILLIAM MATTHEWS PLAINTIFF > AND: > BYRON PRIOR DEFENDANT > > AND BETWEEN: > BYRON PRIOR DEFENDANT/PLAINTIFF > BY COUNTERCLAIM > > AND: WILLIAM MATTHEWS PLAINTIFF/FIRST DEFENDANT > BY COUNTERCLAIM > > AND: T. ALEX HICKMAN SECOND DEFENDANT > BY COUNTERCLAIM > > AND: THOMAS MARSHALL THIRD DEFENDANT > BY COUNTERCLAIM > > AND: DANNY WILLIAMS FOURTH DEFENDANT > BY COUNTERCLAIM > > AND: EDWARD M. ROBERTS FIFTH DEFENDANT > BY COUNTERCLAIM > > AND: JOHN CROSBIE SIXTH DEFENDANT > BY COUNTERCLAIM > > AND: PATTERSON PALMER SEVENTH DEFENDANT > BY COUNTERCLAIM > > SUMMARY OF CURRENT DOCUMENT > > Court File Number(s):2005 01 T 0010 > > Date of Filing of Document: 25 January 2005 > > Name of Filing Party or Person: Stephen J. May > > Application to which Document being filed relates: Amended > Application of the Plaintiff/Defendant by Counterclaim to maintain an > Order > restricting publication, to strike portions of the Statement of > Defence, strike the Counterclaim in it's entirety, and to refer this > proceeding to case management. > > Statement of purpose in filing: To maintain an Order restricting > publication, to strike portions of the Statement of Defence, strike > the Counterclaim in its entirety and refer this proceeding to case > management. > > A F F I D A V I T > > I, Stephen J. May, of the City of St. John's, in the Province of > Newfoundland and Labrador, Barrister and Solicitor, make oath and > say as follows: > > THAT I am a Partner in the St. John's office of PATTERSON PALMER > solicitors for William Matthews, the Member of Parliament for > Random-Burin-St. George's in the Parliament of Canada. > > THAT Mr. Matthews originally retained Mr. Edward Roberts, Q.C. on > or about 30 April 2002 after Mr. Byron Prior, the Defendant/Plaintiff > by > Counterclaim, had made allegations against Mr. Matthews in a > publication called "My Inheritance - The truth - Not Fiction: A Town > with a Secret". In that publication, the allegation was made that Mr. > Matthews had had sex with a girl who had been prostituted by her > mother. That girl was alleged to have been Mr. Prior's sister. > > THAT upon being retained, Mr. Edward Roberts wrote a letter to Mr. > Prior. That letter to Mr. Prior is attached as Exhibit "1" to my > Affidavit. > > THAT subsequent to Mr. Roberts' letter to Mr. Prior, Mr. Roberts > received a 1 May 2002 e-mail from Mr. Prior. That e-mail is attached > as Exhibit "2". > > THAT subsequent to Mr. Roberts receipt of the e-mail, Mr. Prior > swore an Affidavit acknowledging that what had been said in that > publication was false. That Affidavit is attached as Exhibit "3" to my > Affidavit. > Following Mr. Roberts' receipt of that Affidavit, Mr. Matthews > advised that he was satisfied not to pursue the matter any further and > our firm closed our file. > > THAT on or about 25 October 2004, I was retained by Mr. Matthews > following his gaining knowledge that a web site, made a series of > allegations against him relating to my having sex with a girl of > approximately 12 years old through to an approximate age of 15 years > old. It also accused him of being a father of one of her children and > accused him of having raped that girl. Upon checking the web site I > saw that Byron Prior, the Defendant, had been identified as the > author of the material on the site. > > THAT Mr. Matthews instructed me to write Mr. Prior, to remind him of > the fact that the allegations had been admitted to being false > through a 16 May 2002 Affidavit to advise him of Mr. Matthews' > intentions to commence legal proceedings if the comments were not > removed from the web site. A copy of my letter to Mr. Prior is > attached as Exhibit "4" to this Affidavit. > > THAT I attach as Exhibit "5" a transcript from a 5 November 2004 > voicemail left by David Amos, identified in the voicemail as a > friend of Mr. Prior. > > THAT I attach as Exhibit "6" a portion of a 6 November 2004 e-mail > from Mr. Amos. > > THAT until I received his voicemail and e-mail, I had never heard > of Mr. Amos. > > THAT Mr. Amos has continued to send me e-mail since his 5 November > e-mail. Including his 6 November 2004 e-mail, I have received a > total of 15 e-mails as of 23 January 2005. All do not address Mr. > Matthews' claim or my involvement as Mr. Matthews' solicitor. I attach > as Exhibit "7" a portion of a 12 January 2005 e-mail that Mr. Amos > sent to me but originally came to my attention through Ms. Lois Skanes > whose firm had received a copy. This e-mail followed the service of > the Statement of Claim on 11 January 2005 on Mr. Prior. I also attach > as Exhibit "8" a copy of a 19 January 2005 e-mail from Mr. Amos. > > THAT I attach as Exhibit "9" a copy of a 22 November 2004 letter > addressed to me from Edward Roberts, the Lieutenant Governor of > Newfoundland and Labrador covering a 2 September 2004 letter from Mr. > Amos addressed to John Crosbie, Edward Roberts, in his capacity as > Lieutenant Governor, Danny Williams, in his capacity as Premier of > Newfoundland and Labrador, and Brian F. Furey, President of the Law > Society of Newfoundland and Labrador. I requested a copy of this > letter from Government House after asking Mr. Roberts if he had > received any correspondence from Mr. Amos during his previous > representation of Mr. Matthews. He advised me that he received a > letter since becoming Lieutenant Governor, portions of which involved > his representation of Mr. Matthews. Mr. Roberts' letter also covered > his reply to Mr. Amos. > > THAT I attach as Exhibit "10" an e-mail from Mr. Amos received on > Sunday, 23 January 2005. > > THAT I swear this Affidavit in support of the Application to strike > Mr. Prior's counterclaim. > > SWORN to before me at > St. John's, Province of Newfoundland and Labrador this 24th day of > January, 2005. > > Signed by Della Hart > STEPHEN J. MAY > Signature STAMP > DELLA HART > A Commissioner for Oaths in and for > the Province of Newfoundland and Labrador. My commission expires > on December 31, 2009
