https://www.cbc.ca/news/canada/new-brunswick/official-languages-review-prefers-open-review-1.5915692
Official languages commissioner prefers a public review of N.B's language law
Shirley MacLean says she had no say on decision to hold review behind closed doors
· CBC News· Posted: Feb 16, 2021 3:00 PM AT
Shirley MacLean, the New Brunswick commissioner of official languages, says that in order to have a full discussion of the Official Languages Act, the hearings should happen in public. (Radio-Canada)
New Brunswick's official languages commissioner says she'd prefer to see a review of the province's language law unfold in public, and without other issues such as education being part of the discussion.
Shirley MacLean told a committee of MLAs on Tuesday that she wasn't consulted on the review process and had no control over what the Higgs government chose to do.
But she said she would have preferred to see at least part of the consultation take place in public view.
"I think the public today expects that things happen transparently," said MacLean, who is in her first year in the job of commissioner. "For a full discussion it should be a public discussion.
"Maybe part of it can be public, part of it not … but a full discussion, in my view, would take place in public."
Premier Blaine Higgs announced in early January that he would choose two commissioners to conduct a 10-year review of the Official Languages Act, a process that is required by the law itself.
Premier Blaine Higgs added a discussion around why anglophone schools don't graduate more bilingual students to the Official Languages Act review. (CBC)
Despite calls for a public process from organizations ranging from the Acadian Society of New Brunswick to the People's Alliance, Higgs said consultations would happen behind closed doors.
He said that would allow "an open conversation where everybody is able to participate without any external pressure of any kind."
Higgs has also asked the commissioners to examine why more graduates of anglophone schools in the province aren't fluent in French, even though that is not an issue covered by the language law.
The province's dual school systems, one English and one French, do not have the obligation to provide bilingual service and operate outside the reach of the Official Languages Act.
Critics say adding education issues to the review will take away from the ability to focus on the act itself.
Liberal MLA Isabelle Theriault says the broadened mandate to look at the French immersion program dilutes the review process. (Twitter.com)
"When the mandate broadens like that, everything's diluted," Caraquet Liberal MLA Isabelle Thériault said Tuesday.
MacLean agreed.
"I would have preferred that the review would have happened without a discussion about education," she said.
"They are two completely different things because the Official Languages Act does not touch on education."
But she acknowledged she has no say on the process, and her input will be limited to making submissions to the commissioners.
"He wants a discussion on education and bilingualism," she said. "That's his choice at the end of the day."
In her annual report released in December, MacLean recommended the province amend the Official Languages Act to clarify the obligations of police departments to comply and to give public servants the right to work in the official language of their choice.
She also recommended changes to give the province a 30-day time limit to respond to her investigations and to give her office the power to sign enforcement agreements with government institutions that violate the act regularly.
78 Comments
Commenting is now closed for this story.
Shirley MacLean is originally from Cape Breton but has lived here for more than 30 years
Elizabeth Fraser · CBC News · Posted: Nov 25, 2019 11:14 AM AT
Yea Right
Methinks everybody knows I have had the low down of Shirley MacLean and all her lawyer pals since 2004 Hence we all know she will play along to get along in her new post. Thats why she and NB's latest Integrity Commissioner were appointed. Yet Higgy wants to appoint to more Commissioners to work in secret and even the Greens pretend to be confused N'esy Pas?
Monday, 25 November 2019
First anglophone to be named languages commissioner hopes her example will inspire
David Raymond Amos @DavidRayAmos
https://www.cbc.ca/news/canada/new-brunswick/shirley-maclean-new-brunswick-language-commissioner-1.5371960
---------- Original message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Tue, 26 Nov 2019 04:17:56 +0000
Subject: Automatic reply: Methinks nearly anyone is capable of Googling the following
two names N'esy Pas? David Raymond Amos Shirley MacLean
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
First anglophone to be named languages commissioner hopes her example will inspire
Shirley MacLean is originally from Cape Breton but has lived here for more than 30 years
· CBC News· Posted: Nov 25, 2019 11:14 AM AT
Shirley MacLean, the deputy executive director of the New Brunswick Law Society, has been selected as the province's next commissioner of official languages. (Shane Magee/CBC)
Shirley MacLean has something to prove.
On Friday, she was named the province's commissioner of official languages and will be the first anglophone to hold the position since it was created in 2003.
"I'm very much hoping that my positive experience in learning a second language, certainly as an adult as well, will serve to promote the advancement of both official languages in New Brunswick," MacLean said Monday.
She said she knows the French language and has a good understanding of French culture, but she also knows she has to win the hearts of francophones.
"There's always work to be done."
Bringing 2 languages together
MacLean, who called herself a proponent of education about other cultures, said she hopes to give New Brunswickers a greater desire to learn the value of both official languages.
"I'm actually pretty proud to have been chosen," she told Information Morning Fredericton.
MacLean will come to the commissioner's job from the New Brunswick Law Society, where she has been deputy executive director. She will replace the acting languages commissioner, Michel Carrier.
She is originally from Baddeck, N.S., but has lived in New Brunswick for more than 30 years.
In her 20s, MacLean took immersion in Quebec where she became bilingual. Then she applied to law school at the University of New Brunswick. After getting her law degree, she decided to stay on and work in the province.
"New Brunswick was a bilingual province and the only way I was going to keep my second language, was if I stayed here and worked and lived and breathed both official languages."
What's the job?
The official languages commissioner is mandated to investigate complaints under the Official Languages Act, to report on and make recommendations on compliance with the act, and to promote the advancement of both official languages in the province.The commissioner reports to the legislature and makes an annual report.
In 2016, almost 34 per cent of New Brunswickers were bilingual, according to Statistics Canada.
More than 72 per cent of New Brunswickers whose mother tongue is French are bilingual, compared with 15.4 per cent of New Brunswickers whose first language is English.
The former permanent commissioner, Katherine d'Entremont, retired in July 2018 after five years in the position.
MacLean will start the new job in January.
129 Comments
Commenting is now closed for this story.
David Amos
Methinks Shirley MacLean, the deputy executive director of the New Brunswick Law Society should review my file before she takes her new position N'esy Pas?
Lewis Taylor
Reply to @David Amos:
Why would she waste her time on you? more important things to do. just post and be happy.
David Amos
David Amos
Reply to @Lewis Taylor: Methinks some folks may enjoy Googling the following two names N'esy Pas?
David Raymond Amos Shirley MacLean
David Amos
Content disabled
Reply to @David Amos: BINGO
Brian Robertson
If there was ever an incentive for Maritime union, it would be to undo Frank McKenna's betrayal of New Brunswick.
His backroom deal with Mulroney to slip Bill 88 into the Constitution, despite Meech Lake crashing and burning.
That preposal would NEVER have passed on its own.
David Amos
Troy Murray
I thought anglophone was English only. Would she be not termed bilingual, or English first language bilingual.
David Amos
David Amos
Reply to @Troy Murray: FYI I mean no offense but If you could see what I see then you would understand my indignation
Me Too
Shawn McShane
Moncton is losing the French Embassy, the Francophone is in active mode to bring in Francophone speakers, our last Language Commissioner championed Francophone"s from French Speaking Africa. The Embassy should be African, from the former French colonies of Africa.
Linda Christie Hazlett
I think she is a good choice and restores to a degree, a sense of fairness
David Amos
Marc Martin
PANB and ERNB wont be able to use the French comissionnaire excuse anymore....
A member of the corps of commissionaires was the front line of contact for the public in a provincial government building (now the blaine higgs memorial eyesore - looks GREAT btw higgy) and couldn't speak both official languages. He knew he shouldn't be there and, more importantly, HIS BOSS did too. It will live forever in COR mythology.
Larry Larson
Hopefully this one doesn't email phony complaints to herself because she wasn't getting any complaints!
Marc Martin
This position is crap and should be eliminated. The only reason they have an "Anglophone" person is because people are getting tired of this BS.
french language was never a historic language for new brunswick.....the loyalists, the scots-Irish, the Irish, the british army settlers , etc. all contributed to an economic star that was NB before confederation.....no wonder macdonald wanted new brunswick in his pack...for new brunswick was center of business, trade, research , development..much more than quebec or ontarion..so lets all stand up for new brunswick.
"french language was never a historic language for new brunswick"
After the indigenous languages, the Acadiens were speaking French in what is now New Brunswick, before ".the loyalists, the scots-Irish, the Irish, the british army settlers" arrived.
"so lets all stand up for new brunswick."
I agree, but it is disingenuous to state that after the false statements and vitriol which proceeded.
Methjnks many lawyers know that I have the proof of that fact and published it on the Internet many years before I sued the Queen in 2015 but you never read anything I write N'esy Pas?
Rod McLeod
How did we pull off a coup like this?
David Amos
Tom Gordon
This province would be totally bilingual by now if the school system had merged into one back in 1970 and everyone had to learn how to speak both official languages. All the government has done for the past 50+ years is create a bigger gap and more segregation than ever.
Al Clark
give us your U de M definition
https://www.britannica.com/topic/assimilation-society
Al Clark
Reply to @David Amos: you know you and I are the very best of pals ray, neigh say paw?
David Amos
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Fri, 22 Nov 2019 17:05:50 +0000
Subject: RE: Methinks Catherine Tait and her nasty minions in CBC just
crossed the line bigtime N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Fri, 22 Nov 2019 17:05:46 +0000
Subject: Automatic reply: Methinks Catherine Tait and her nasty minions in CBC just
crossed the line bigtime N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Original message ----------
From: Premier <PREMIER@novascotia.ca>
Date: Fri, 22 Nov 2019 17:05:47 +0000
Subject: Automatic Reply
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to Premier McNeil.
This is an automatic confirmation your email has been received.
Warmest Regards,
Premier's Correspondence Team
---------- Original message ----------
From: david.raymond.amos333@gmail.
Date: Fri, 22 Nov 2019 13:05:43 -0400
Subject: Methinks Catherine Tait and her nasty minions in CBC just crossed the line bigtime
N'esy Pas?
To: kevin.a.arseneau@gnb.ca, Catherine.Tait@cbc.ca, sylvie.gadoury@radio-canada.ca, darrow.macintyre@cbc.ca, cps@calgarypolice.ca, grcanning@gmail.com,
Dale.Morgan@rcmp-grc.gc.ca, premier@ontario.ca, Newsroom@globeandmail.com,
eps@edmontonpolice.ca, ministryofjustice@gov.ab.ca, PREMIER@gov.ns.ca, premier@gov.ab.ca, Paul.Lynch@edmontonpolice.ca, philip.bryden@gov.ab.ca, serge.rousselle@gnb.ca, denis.landry2@gnb.ca, carl.urquhart@gnb.ca, oldmaison@yahoo.com, jack.keir@gnb.ca,
Kevin.Vickers@gnb.ca, Kevin.leahy@rcmp-grc.gc.ca, Gerald.Butts@pmo-cpm.gc.ca,
Ian.Shugart@pco-bcp.gc.ca, hon.ralph.goodale@canada.ca, Larry.Tremblay@rcmp-grc.gc.ca, Nathalie.Drouin@justice.gc.ca, mcu@justice.gc.ca, jan.jensen@justice.gc.ca,
kathleen.roussel@ppsc-sppc.gc.
brian.gallant@gnb.ca, greg.byrne@gnb.ca, jeff.carr@gnb.ca, benoit.bourque@gnb.ca, Dominic.Cardy@gnb.ca, Hamish.Wright@gnb.ca, blaine.higgs@gnb.ca, roger.l.melanson@gnb.ca, hugh.flemming@gnb.ca, Bill.Morneau@canada.ca, Ginette.PetitpasTaylor@parl.
newsroom@globeandmail.ca, pm@pm.gc.ca, jake.stewart@gnb.ca, bruce.northrup@gnb.ca, David.Coon@gnb.ca, megan.mitton@gnb.ca, andre@jafaust.com, martin.gaudet@fredericton.ca,
Jacques.Poitras@cbc.ca, Connell.Smith@cbc.ca, mike.holland@gnb.ca, kris.austin@gnb.ca, rick.desaulniers@gnb.ca, michelle.conroy@gnb.ca, tyler.campbell@gnb.ca, nick.brown@gnb.ca, Tim.RICHARDSON@gnb.ca, Mike.Comeau@gnb.ca, barb.whitenect@gnb.ca,
Gilles.Cote@gnb.ca, Mark.Blakely@rcmp-grc.gc.ca, robert.gauvin@gnb.ca,
sturgeon.nathalie@
Chuck.Thompson@cbc.ca, votejohnw@gmail.com, Wayne.Long@parl.gc.ca, robmoorefundy@gmail.com, robert.mckee@gnb.ca
Cc: motomaniac333@gmail.com, RoseAnn.Smith@gnb.ca, janet.johnston@gnb.ca, rosswetmore@bellaliant.com, DH.MS.Medicare@gnb.ca, Norman.Bosse@gnb.ca, charles.murray@gnb.ca
Your account has been banned permanently. Reason: Your username is a
violation of our Submission Guidelines, for more information please
visit: http://www.cbc.ca/aboutcbc/
account has been blocked and all comments associated are no longer
viewable by other users on our site. If you believe this has been done
in error please contact us via cbc.ca/contact..
---------- Forwarded message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Fri, 22 Nov 2019 16:56:31 +0000
Subject: Automatic reply: Methinks Shirley MacLean, the current deputy
executive director of the New Brunswick Law Society has lots of time
to review my file that she created in 2004 N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Forwarded message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Fri, 22 Nov 2019 16:56:35 +0000
Subject: RE: Methinks Shirley MacLean, the current deputy executive
director of the New Brunswick Law Society has lots of time to review
my file that she created in 2004 N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
On 11/22/19, David Amos <david.raymond.amos333@gmail.
https://www.cbc.ca/news/
Shirley MacLean tapped as province's next official languages commissioner
Current deputy executive director of the New Brunswick Law Society will start new role in July
Shirley MacLean, the deputy executive director of the New Brunswick Law Society, has been selected as the province's next commissioner of official languages. (Shane Magee/CBC)
The Higgs government has named Shirley MacLean, the current deputy executive director of the New Brunswick Law Society, as the province's next commissioner of official languages.
MacLean will replace acting commissioner Michel Carrier, whose term ends on July 23.
A selection committee recommended MacLean's candidacy to the Legislative Assembly, which accepted her, for a seven-year term.
MacLean is English-speaking but is fluent in French and "has always had an acute sensitivity to the reality of the francophone community," said Christian Michaud, the outgoing president of the New Brunswick bar.
Michaud, who has known MacLean for 25 years, said he has a great deal of respect for her and believes she will "succeed in bridging the gap between the two linguistic communities."
In addition to being deputy executive director of the law society, MacLean is also the registrar of complaints, which makes her well-equipped for the role of commissioner of official languages,
according to Michaud.
"Shirley has always been able to hold her own. She has always been able to work in the public interest," he said.
With files from Radio-Canada
CBC's Journalistic Standards and Practices
High hopes new languages commissioner Shirley MacLean will help bridge linguistic divide
Anglophone MacLean, deputy executive director of New Brunswick Law Society, is fluent in French
- Shirley MacLean, official languages commissioner
She also hopes her personal experience, as an English-speaker who learned French, might help inspire others.
"I am a person who learned French late in life so I may be an example of what it can be like for everyone in New Brunswick," she said.
In 2016, 33.9 per cent of New Brunswickers were bilingual, according to Statistics Canada.
More than 72 per cent of New Brunswickers whose mother tongue is French are bilingual, compared to 15.4 per cent of New Brunswickers whose first language is English.
Integrity commissioner appointed
The official languages commissioner is mandated to investigate complaints under the Official Languages Act, to report on and make recommendations on compliance with the act, and to promote the advancement of both official languages in the province.
The commissioner reports to the legislature and is responsible for an annual report to the legislative assembly.
The former permanent commissioner, Katherine d'Entremont, retired in July 2018 after five years in the position and 37 years in public service.
Charles Murray, who has been interim integrity commissioner pending a permanent appointment, was also appointed Friday to the role for a seven-year term.
Murray will vacate his current position as the provincial ombud, so the search will begin for a successor.
The Office of the Integrity Commissioner administers the Members' Conflict of Interest Act, the Conflict of Interest Act and the Lobbyists' Registration Act, and aims to encourage and sustain a culture of integrity and accountability.
With files from Radio-Canada
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 26 Nov 2019 00:17:49 -0400
Subject: Methinks nearly anyone is capable of Googling the following two names N'esy Pas?
David Raymond Amos Shirley MacLean
To: MRichard@lawsociety-barreau.
steve.murphy@ctv.ca, news@dailygleaner.com, macpherson.don@dailygleaner.
Cc: david.raymond.amos333@gmail.
fin.minfinance-financemin.fin@
---------- Forwarded message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Fri, 22 Nov 2019 16:56:31 +0000
Subject: Automatic reply: Methinks Shirley MacLean, the current deputy
executive director of the New Brunswick Law Society has lots of time
to review my file that she created in 2004 N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Forwarded message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Fri, 22 Nov 2019 16:56:35 +0000
Subject: RE: Methinks Shirley MacLean, the current deputy executive
director of the New Brunswick Law Society has lots of time to review
my file that she created in 2004 N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
http://govinjustice.blogspot.
http://gypsy-blog.blogspot.
Thanx again Gypsy for allowing my comment to stand the test of time. I
notice my noname fan club has their usual mindless coments.
Whereas the topic of this particular blog is that the media is
restraining itself Methinks bloggers who claim to be honest are no
different. the far from ethical Chucky Leblanc is back to his old
tricks of blocking me for the benefit of his blogger General T.J.
Burke. It appears to me that they made a deal after he ate some
pancakes with his other liberal buddies.
I wonder if you should bring a long fork when you have breakfast with
the Devil? Anyway I commented emailed and posted about the blogger
media restaining iself in my blog and yours. It is another one of
those things I do the corrupt politicians don't seem to appreciate.
I figured you would get a kick out of the threat the snobby lawyer who
works for T.J made to me. He is the same lawyer that beat Mr. Hyslop
bigtime recently. Ya think he would be smart enough not to admit that
I sent him evidence of murder EH?
Date: Thu, 27 Mar 2008 03:23:18 -0300
From: "David Amos"david.raymond.amos@gmail.com
To: "Eidt, David (OAG/CPG)"David.Eidt@gnb.ca, oldmaison@yahoo.com,
t.j.burke@gnb.ca, police@fredericton.ca, danny.copp@fredericton.ca,
jacques.boucher@rcmp-grc.gc.ca
samperrier@hotmail.com
Subject: Re: Hey Mr Eidt is it you or the RCMP I argue in order to get
my Harley and the wiretap tapes back?
Go cry a river to your boss T.J. Burke or his buddy Jeff Mockler I
know what I sent you and I understand your obligations as a lawyer and
a public servant . It is not harrassment to expect a bureaucrat in the
justice dept to uphold the law.
You are a liar sir please allow me to tell your boss and the cops for
you what I think of you. Please call the cops I already have your
false allegations in writing and you have only some of my files.
Can you think of any reason why I shouldn't sue you personally someday
after we argue professionally?
Veritas Vincit
Davidraymond Amos
On Wed, Mar 26, 2008 at 8:53 AM, Eidt, David (OAG/CPG) David.Eidt@gnb.ca wrote:
Mr. Amos,
You sent me two pieces of email on March 24, 2008. They have nothing
to do with me either personally or professionally. Please note that
your correspondence is unwanted. Any further such communications will
be considered harassing in nature. Please do not send me any more of
your communications.
Regards,
David Eidt
Legal Services
Office of the Attorney General
Tel: (506) 453-3964
Fax: (506) 453-3275
david.eidt@gnb.ca
Notice : CONFIDENTIAL and PRIVILEGED. This document contains
privileged and confidential information and should not be distributed
or copied to anyone without prior consultation with the author. Thank
you.
Avis : CONFIDENTIEL et PRIVILÉGIÉ. Ce document contient des
renseignements privilégiés et confidentiels et ne devrait être copié
ou circulé sans consultation préalable avec l'auteur. Merci.
http://
T.J. Burke and his little buddy Chucky said this in his blog while
they both block me.
Go figure why I must email eh?
At 10:36 AM, March 25, 2008 , T.J. Burke said...
Reality is, I just don't post libelous, slanderous or insensitive remarks.
At 10:50 AM, March 25, 2008 , Charles LeBlanc said...
Excuse moi General Sir?
I hope you don't mean moi???
I always speaks the truth!!!!
:P
https://twitter.com/
David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos @Kathryn98967631 and 49 others
Methinks Shirley MacLean, the deputy executive director of the New
Brunswick Law Society should review my file before she takes her new
position N'esy Pas?
https://davidraymondamos3.
#cdnpoli #nbpoli
https://www.cbc.ca/news/
First anglophone to be named languages commissioner hopes her example
will inspire
Shirley MacLean is originally from Cape Breton but has lived here for
more than 30 years
Elizabeth Fraser · CBC News · Posted: Nov 25, 2019 11:14 AM AT
114 Comments
David Amos
Methinks Shirley MacLean, the deputy executive director of the New
Brunswick Law Society should review my file before she takes her new
position N'esy Pas?
Al Clark
Reply to @David Amos: neigh. paws.
Lewis Taylor
Reply to @David Amos:
Why would she waste her time on you? more important things to do. just
post and be happy.
David Amos
Content disabled
Reply to @Lewis Taylor: Methinks even you are capable of Googling the
following two names N'esy Pas? David Raymond Amos Shirley MacLean
Brian Robertson
If there was ever an incentive for Maritime union, it would be to undo
Frank McKenna's betrayal of New Brunswick.
Al Clark
Reply to @Brian Robertson: "Frank McKenna's betrayal of New Brunswick"
Oh, please elaborate ;-)
Brian Robertson
Reply to @Al Clark:
His backroom deal with Mulroney to slip Bill 88 into the Constitution,
despite Meech Lake crashing and burning.
That preposal would NEVER have passed on its own.
Shawn McShane
Reply to @Al Clark: Call centers and minimum wages while on the back
end foreign workers beneath the radar.
Al Clark
Reply to @Brian Robertson: Mulroney? The Con? Post 87? Have you heard
of the guy that was in there for 17 years before frankie?
Al Clark
Reply to @Shawn McShane: I think you fergot clearcuts and roundup?
David Amos
Reply to @Brian Robertson: BINGO
David Amos
Reply to @Al Clark: Methinks you know I forget nothing as you SANB
dudes try hard to forget Federal Court File No T-1557-15 N'esy Pas?
David Amos
Content disabled
Reply to @Al Clark: Methinks if you SANB dudes read anything then you
would know what Frank McKenna, his former partner Justice Richard Bell
and legions of lawyers throughout Canada and the USA know. The fact is
that Shirley MacLean answered my complaint against a liberal/Yankee
lawyer in 2004 and that I filed her answer in the public record of a
Yankee Court ASAP and the Federal Court of Canada several years ago
N'esy Pas?
David Amos
Reply to @David Amos: Too late already emailed and blogged
---------- Forwarded message ----------
From: "Hardy, Erin (SNB)"<Erin.Hardy@snb.ca>
Date: Wed, 22 Aug 2018 13:11:58 +0000
Subject: Automatic reply: Hey Serge Trust that the First Canadian
Title people, the Fidelity minions and many lawyers will tell you that
I will figure out what a form 13a is.
To: David Amos <motomaniac333@gmail.com>
Hello,
I will be out of the office from August 9-24 inclusive. I will reply
to your email upon my return, however, I will be checking emails
periodically. Thank you.
Bonjour,
Je serai absent du bureau du 9 au 24 août inclusivement. Je répondrai
à votre courriel à mon retour, mais, je vérifierai régulièrement les
courriels. Merci.
- Hide quoted text -
---------- Forwarded message ----------
From: Brian Gallant <briangallant10@gmail.com>
Date: Wed, 22 Aug 2018 06:11:54 -0700
Subject: Merci / Thank you Re: Hey Serge Trust that the First Canadian
Title people, the Fidelity minions and many lawyers will tell you that
I will figure out what a form 13a is.
To: motomaniac333@gmail.com
(Français à suivre)
If your email is pertaining to the Government of New Brunswick, please
email me at brian.gallant@gnb.ca
If your matter is urgent, please email Greg Byrne at greg.byrne@gnb.ca
Thank you.
Si votre courriel s'addresse au Gouvernement du Nouveau-Brunswick,
svp m'envoyez un courriel à brian.gallant@gnb.ca
Pour les urgences, veuillez contacter Greg Byrne à greg.byrne@gnb.ca
Merci.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 22 Aug 2018 09:11:48 -0400
Subject: Hey Serge Trust that the First Canadian Title people, the
Fidelity minions and many lawyers will tell you that I will figure out
what a form 13a is.
To: serge.gauvin@snb.ca, patrick.windle@snb.ca, "claude.poirier"
<claude.poirier@snb.ca>, "john.mcnair"<john.mcnair@snb.ca>,
Erin.Hardy@snb.ca, "alan.roy"<alan.roy@snb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
<brian.gallant@gnb.ca>, "hugh.flemming"<hugh.flemming@gnb.ca>,
MRichard@lawsociety-barreau.
<serge.rousselle@gnb.ca>, kevhache@nb.sympatico.ca, "greg.byrne"
<greg.byrne@gnb.ca>, krisaustin <krisaustin@peoplesalliance.ca
"David.Coon"<David.Coon@gnb.ca>, "blaine.higgs"
<blaine.higgs@gnb.ca>, David Amos <david.raymond.amos333@gmail.
Serge Gauvin
Registrar General of Land Titles
Called to the bar: 1995 (NB)
Phone: 506-457-6933
Fax: 506-444-3033
Email: serge.gauvin@snb.ca
Patrick V. Windle
Deputy Registrar General of Land Titles
Called to the bar: 1997 (NB)
Email: patrick.windle@snb.ca
Service New Brunswick
Land Registry, 985 College Hill Rd.
PO Box 1998, Stn. A
Fredericton, New Brunswick E3B 5G4
---------- Original message ----------
From: "Auto-reply from kevhache@nb.aibn.com"<kevhache@nb.aibn.com>
Date: Sat, 18 Aug 2018 18:20:04 -0400
Subject: Re: Too Funny I just talked to Claude Landry Elvy Robichaud’s
old Chief of Staff He forgot what went down in 2004 and the emails I
sent him since
To: david.raymond.amos333@gmail.
Bonjour
Je serais absent du bureau du 6 aout au 22 aout inclusivement. Le
bureau sera fermé du 6 au 19 aout inclusivement pour les vacances d
ete et sera ouvert a partir du 20 aout. Bonne Vacance a tous
Je retournerais votre courriel a mon retour.
Kevin J. Hache
CABINET KEVIN J. HACHE
8 Boul St-Pierre Ouest
C.P. 5662
Caraquet NB E1W 1B7
506 727 5150 (telephone)
506 727 6686 (telecopieur)
kevhache@nb.sympatico.ca
---------- Forwarded message ----------
From: Brian Gallant <briangallant10@gmail.com>
Date: Tue, 29 May 2018 06:01:57 -0700
Subject: Merci / Thank you Re: Fwd: I just called Alan Roy again about
my right to health care, my missing 1965 Harley, the Yankee Wiretaps
tapes in its saddlebag and Federal Court and his assistant played dumb
as usual
To: motomaniac333@gmail.com
(Français à suivre)
If your email is pertaining to the Government of New Brunswick, please
email me at brian.gallant@gnb.ca
If your matter is urgent, please email Greg Byrne at greg.byrne@gnb.ca
Thank you.
Si votre courriel s'addresse au Gouvernement du Nouveau-Brunswick,
svp m'envoyez un courriel à brian.gallant@gnb.ca
Pour les urgences, veuillez contacter Greg Byrne à greg.byrne@gnb.ca
Merci.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 29 May 2018 10:42:09 -0400
Subject: Attn Marc Richard and John McNair I just called AGAIN Say hey
to my Brother in Law W. S. Reid CHEDORE and his brother of the law
David Lutz QC for me will ya?
To: MRichard@lawsociety-barreau.
"serge.rousselle"<serge.rousselle@gnb.ca>, Erin.Hardy@snb.ca,
David.Eidt@gnb.ca
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: Marc Richard <MRichard@lawsociety-barreau.
Date: Sat, 14 Oct 2017 22:51:09 +0000
Subject: Automatic reply: RE Irving's ridiculous constitutional
challenge and Federal Court File no T-1557-15 I wonder if George
Cooper and Hélène Beaulieure even know how many times the Irvings and
partners of their VERY snobby law firm have offended me over t...
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until October 30, 2017. Je serai absent
du bureau jusqu'au 30 octobre 2017.
---------- Forwarded message ----------
From: "Eidt, David (OAG/CPG)"<David.Eidt@gnb.ca>
Date: Wed, 1 Mar 2017 00:33:21 +0000
Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
would not file this motion and properly witnessed affidavit and why
did she take all four copies?
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until Monday, March 13, 2017. I will have
little to no access to email. Please dial 453-2222 for assistance.
---------- Forwarded message ----------
From: Marc Richard <MRichard@lawsociety-barreau.
Date: Fri, 12 Aug 2016 13:16:46 +0000
Subject: Automatic reply: RE: The New Brunswick Real Estate
Association and their deliberate ignorance for the bankster's benefit
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until August 15, 2016. Je serai absent du
bureau jusqu'au 15 août 2016.
---------- Forwarded message ----------
From: "McNair, John (SNB)"<John.McNair@snb.ca>
Date: Fri, 12 Aug 2016 16:04:29 +0000
Subject: Automatic reply: RE: The New Brunswick Real Estate
Association and their deliberate ignorance for the bankster's benefit
To: David Amos <motomaniac333@gmail.com>
I will be out of the office August 1 - August 12. I will reply to your
email when I return. If you require immediate assistance, please
contact Chantal Leger at 663-2510. Thank you.
Je serai absent du bureau les 1 aout - 12 aout. Je répondrai à votre
courriel à mon retour. Si vous nécessitez de l'assistance
immédiatement, veuillez contacter Chantal Leger au 663-2510. Merci.
---------- Forwarded message ----------
From: "Hardy, Erin (SNB)"<Erin.Hardy@snb.ca>
Date: Fri, 12 Aug 2016 16:04:28 +0000
Subject: Automatic reply: RE: The New Brunswick Real Estate
Association and their deliberate ignorance for the bankster's benefit
To: David Amos <motomaniac333@gmail.com>
Le francais suit:
Hello,
I am currently out of the office. I will gladly reply to your message
upon my return on August 15, 2016. Should you require immediate
assitance please contact Celeste Savoie at (506) 471-5290 or by email:
Celeste.Savoie@snb.ca.
Have a nice day!
Bonjour,
Je suis presentement hors du bureau. Il me fera plaisir de repondre a
votre message a mon retour August 15, 2016. Si vous avez besoin d'une
assitance immediate, veuillez communiquer avec Celeste Savoie au (506)
471-5290 ou par courriel a: Celeste.Savoie@snb.ca.
Bonne journee!
---------- Forwarded message ----------
From: Marc Richard <MRichard@lawsociety-barreau.
Date: Fri, 18 Jul 2014 17:43:27 +0000
Subject: Automatic reply: Oh My My we just talked briefly Correct Ms
Beaulieu? It appears to me that the latest President of the NB Law
Society thinks non lawyers are not worth talking to
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until July 21, 2014. Je serai absent du
bureau jusqu'au 21 juillet 2014.
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/
>
> January 11th, 2016 https://archive.org/details/
>
> April 3rd, 2017
>
> https://archive.org/details/
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)"MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath"warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
> Oda.B@parl.gc.ca,"Bev BUSSON"bev.busson@rcmp-grc.gc.ca,
> "Paul Dube"PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant.
> ilian.html
>
>> http://www.cbc.ca/news/world/
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://archive.org/details/
>> 6
>>
>> http://davidamos.blogspot.ca/
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>
http://davidraymondamos3.
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc.
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
[2] On November 12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its entirety, without leave to
amend, on the basis that it was plain and obvious that the Claim
disclosed no reasonable claim, the Claim was fundamentally vexatious,
and the Claim could not be salvaged by way of further amendment (the
Prothontary’s Order).
[3] On January 25, 2016 (2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
Court (the Judge), reviewing the matter de novo, struck all of Mr.
Amos’ claims for relief with the exception of the claim for damages
for being barred by the RCMP from the New Brunswick legislature in
2004 (the Federal Court Judgment).
[4] Mr. Amos appealed and the Crown cross-appealed the
Federal Court Judgment. Further to the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
As such, the only matter before this Court is the Crown’s
cross-appeal.
II. Preliminary Matter
[5] Mr. Amos, in his memorandum of fact and law in
relation to the cross-appeal that was filed with this Court on March
6, 2017, indicated that several judges of this Court, including two of
the judges of this panel, had a conflict of interest in this appeal.
This was the first time that he identified the judges whom he believed
had a conflict of interest in a document that was filed with this
Court. In his notice of appeal he had alluded to a conflict with
several judges but did not name those judges.
[6] Mr. Amos was of the view that he did not have to
identify the judges in any document filed with this Court because he
had identified the judges in various documents that had been filed
with the Federal Court. In his view the Federal Court and the Federal
Court of Appeal are the same court and therefore any document filed in
the Federal Court would be filed in this Court. This view is based on
subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4) Every judge of the Federal Court is, by virtue of his or her
office, a judge of the Federal Court of Appeal and has all the
jurisdiction, power and authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
that office, a judge of the Federal Court and has all the
jurisdiction, power and authority of a judge of the Federal Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
juges de la Cour fédérale.
[7] However, these subsections only provide that the
judges of the Federal Court are also judges of this Court (and vice
versa). It does not mean that there is only one court. If the Federal
Court and this Court were one Court, there would be no need for this
section.
[8] Sections 3 and 4 of the Federal Courts Act provide that:
3 The division of the Federal Court of Canada called the Federal Court
— Appeal Division is continued under the name “Federal Court of
Appeal” in English and “Cour d’appel fédérale” in French. It is
continued as an additional court of law, equity and admiralty in and
for Canada, for the better administration of the laws of Canada and as
a superior court of record having civil and criminal jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
français et « Federal Court of Appeal » en anglais. Elle est maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté du
Canada, propre à améliorer l’application du droit canadien, et
continue d’être une cour supérieure d’archives ayant compétence en
matière civile et pénale.
4 The division of the Federal Court of Canada called the Federal Court
— Trial Division is continued under the name “Federal Court” in
English and “Cour fédérale” in French. It is continued as an
additional court of law, equity and admiralty in and for Canada, for
the better administration of the laws of Canada and as a superior
court of record having civil and criminal jurisdiction.
4 La section de la Cour fédérale du Canada, appelée la Section de
première instance de la Cour fédérale, est maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en anglais. Elle est
maintenue à titre de tribunal additionnel de droit, d’equity et
d’amirauté du Canada, propre à améliorer l’application du droit
canadien, et continue d’être une cour supérieure d’archives ayant
compétence en matière civile et pénale.
[9] Sections 3 and 4 of the Federal Courts Act create
two separate courts – this Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos suggests, documents filed in the Federal
Court were automatically also filed in this Court, then there would no
need for the parties to prepare and file appeal books as required by
Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
to any appeal from a decision of the Federal Court. The requirement to
file an appeal book with this Court in relation to an appeal from a
decision of the Federal Court makes it clear that the only documents
that will be before this Court are the documents that are part of that
appeal book.
[10] Therefore, the memorandum of fact and law filed on
March 6, 2017 is the first document, filed with this Court, in which
Mr. Amos identified the particular judges that he submits have a
conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court seeking an order “affirming or denying the
conflict of interest he has” with a number of judges of the Federal
Court. A judge of the Federal Court issued a direction noting that if
Mr. Amos was seeking this order in relation to judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of this
cross-appeal. The Federal Court motion is not a motion before this
Court and, as such, the submissions filed before the Federal Court
will not be entertained. As well, since this was a motion brought
before the Federal Court (and not this Court), any documents filed in
relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that
the third member of this panel also had a conflict of interest and
submitted some documents that, in his view, supported his claim of a
conflict. Mr. Amos, following the hearing of his appeal, was also
afforded the opportunity to provide a brief summary of the conflict
that he was alleging and to file additional documents that, in his
view, supported his allegations. Mr. Amos submitted several pages of
documents in relation to the alleged conflicts. He organized the
documents by submitting a copy of the biography of the particular
judge and then, immediately following that biography, by including
copies of the documents that, in his view, supported his claim that
such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is
that before he was appointed as a Judge of the Tax Court of Canada in
2006, he was a partner with the law firm Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
had a number of disputes with Patterson Palmer and Patterson Law and
therefore Justice Webb has a conflict simply because he was a partner
of these firms. Mr. Amos is not alleging that Justice Webb was
personally involved in or had any knowledge of any matter in which Mr.
Amos was involved with Justice Webb’s former law firm – only that he
was a member of such firm.
[14] During his oral submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
focused on dealings between himself and a particular lawyer at
Patterson Law. However, none of the documents submitted by Mr. Amos at
the hearing or subsequently related to any dealings with this
particular lawyer nor is it clear when Mr. Amos was dealing with this
lawyer. In particular, it is far from clear whether such dealings were
after the time that Justice Webb was appointed as a Judge of the Tax
Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the
alleged conflict for Justice Webb largely relate to dealings between
Byron Prior and the St. John’s Newfoundland and Labrador office of
Patterson Palmer, which is not in the same province where Justice Webb
practiced law. The only document that indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
who was a partner in the St. John’s NL office of Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
letter that is addressed to four individuals, one of whom is John
Crosbie who was counsel to the St. John’s NL office of Patterson
Palmer. The letter is dated September 2, 2004 and is addressed to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb
was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted that disqualification of a
judge is to be determined based on whether there is a reasonable
apprehension of bias:
60 In Canadian law, one standard has now emerged as the
criterion for disqualification. The criterion, as expressed by de
Grandpré J. in Committee for Justice and Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by
reasonable and right minded persons, applying themselves to the
question and obtaining thereon the required information. In the words
of the Court of Appeal, that test is "what would an informed person,
viewing the matter realistically and practically -- and having thought
the matter through -- conclude. Would he think that it is more likely
than not that [the decision-maker], whether consciously or
unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed
person, viewing the matter realistically and practically, and having
thought the matter through, would conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of bias. As this Court has
previously remarked, “there is a strong presumption that judges will
administer justice impartially” and this presumption will not be
rebutted in the absence of “convincing evidence” of bias (Collins v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed the
particular issue of whether a judge is disqualified from hearing a
case simply because he had been a member of a law firm that was
involved in the litigation that was now before that judge. The Ontario
Court of Appeal determined that the judge was not disqualified if the
judge had no involvement with the person or the matter when he was a
lawyer. The Ontario Court of Appeal also explained that the rules for
determining whether a judge is disqualified are different from the
rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a
finding that a trial judge has had some involvement in a case over
which he or she is now presiding. Where the judge had no involvement,
as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been
asked to represent the appellant as counsel before his appointment to
the bench, the conflict rules would likely have prevented him from
taking the case because his firm had formerly represented one of the
defendants in the case. Thus, it is argued how is it that as a trial
judge Patterson J. can hear the case? This issue was considered by the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
there is no inflexible rule governing the disqualification of a judge
and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an
inconsistency in application of rules can be explained by the
different contexts and in particular, the strong presumption of
judicial impartiality that applies in the context of disqualification
of a judge. There is no such presumption in cases of allegations of
conflict of interest against a lawyer because of a firm's previous
involvement in the case. To the contrary, as explained by Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
for sound policy reasons there is a presumption of a disqualifying
interest that can rarely be overcome. In particular, a conclusory
statement from the lawyer that he or she had no confidential
information about the case will never be sufficient. The case is the
opposite where the allegation of bias is made against a trial judge.
His or her statement that he or she knew nothing about the case and
had no involvement in it will ordinarily be accepted at face value
unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances
of this case and whether there are serious grounds to find a
disqualifying conflict of interest in this case. In my view, there are
two significant factors that justify the trial judge's decision not to
recuse himself. The first is his statement, which all parties accept,
that he knew nothing of the case when it was in his former firm and
that he had nothing to do with it. The second is the long passage of
time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform
the perspective of the reasonable person assessing the impact of this
involvement on Binnie J.'s impartiality in the appeals. That factor is
the passage of time. Most arguments for disqualification rest on
circumstances that are either contemporaneous to the decision-making,
or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson
Walker firm no longer acted for any of the parties by the time of
trial. More importantly, at the time of the motion, Patterson J. had
been a judge for six years and thus had not had a relationship with
his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter
realistically would conclude that the trial judge could deal fairly
and impartially with this case. I take this view principally because
of the long passage of time and the trial judge's lack of involvement
in or knowledge of the case when the Wilson Walker firm had carriage.
In these circumstances it cannot be reasonably contended that the
trial judge could not remain impartial in the case. The mere fact that
his name appears on the letterhead of some correspondence from over a
decade ago would not lead a reasonable person to believe that he would
either consciously or unconsciously favour his former firm's former
client. It is simply not realistic to think that a judge would throw
off his mantle of impartiality, ignore his oath of office and favour a
client - about whom he knew nothing - of a firm that he left six years
earlier and that no longer acts for the client, in a case involving
events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter
involving Mr. Amos while he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
clear during the hearing of this matter that the only reason for the
alleged conflict for Justice Webb was that he was a member of
Patterson Law and Patterson Palmer. This is simply not enough for
Justice Webb to be disqualified. Any involvement of Mr. Amos with
Patterson Law while Justice Webb was a member of that firm would have
had to occur over 10 years ago and even longer for the time when he
was a member of Patterson Palmer. In addition to the lack of any
involvement on his part with any matter or dispute that Mr. Amos had
with Patterson Law or Patterson Palmer (which in and of itself is
sufficient to dispose of this matter), the length of time since
Justice Webb was a member of Patterson Law or Patterson Palmer would
also result in the same finding – that there is no conflict in Justice
Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
(2d) 260, the Manitoba Court of Appeal found that there was no
reasonable apprehension of bias when a judge, who had been a member of
the law firm that had been retained by the accused, had no involvement
with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4
F.C. 321, 257 N.R. 96, this court did find that there would be a
reasonable apprehension of bias where a judge, who while he was a
lawyer, had recorded time on a matter involving the same person who
was before that judge. However, this case can be distinguished as
Justice Webb did not have any time recorded on any files involving Mr.
Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He
stated in his affidavit dated June 26, 2017 that there is a “true copy
of an American police surveillance wiretap entitled 139” on this CD.
He has also indicated that he has “provided a true copy of the CD
entitled 139 to many American and Canadian law enforcement authorities
and not one of the police forces or officers of the court are willing
to investigate it”. Since he has indicated that this is an “American
police surveillance wiretap”, this is a matter for the American law
enforcement authorities and cannot create, as Mr. Amos suggests, a
conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable
apprehension of bias for Justice Webb and therefore, no reason for him
to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional
experience with the government created a “quasi-conflict” in deciding
the cross-appeal. Mr. Amos provided no details and Justice Near
confirmed that he had no prior knowledge of the matters alleged in the
Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr.
Amos’ allegations against Justice Gleason, it appears that he alleges
that she is incapable of hearing this appeal because he says he wrote
a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney were partners in the law firm
Ogilvy Renault, LLP. The letter in question, which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
you and your little dogs too”. There is no indication that the letter
was ever responded to or that a law suit was ever commenced by Mr.
Amos against Mr. Mulroney. In the circumstances, there is no reason
for Justice Gleason to recuse herself as the letter in question does
not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the
Judge err in setting aside the Prothonotary’s Order striking the Claim
in its entirety without leave to amend and in determining that Mr.
Amos’ allegation that the RCMP barred him from the New Brunswick
legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the
Prothonotary’s Order, this Court revisited the standard of review to
be applied to discretionary decisions of prothonotaries and decisions
made by judges on appeals of prothonotaries’ decisions in Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
this Court replaced the Aqua-Gem standard of review with that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
[Housen]. As a result, it is no longer appropriate for the Federal
Court to conduct a de novo review of a discretionary order made by a
prothonotary in regard to questions vital to the final issue of the
case. Rather, a Federal Court judge can only intervene on appeal if
the prothonotary made an error of law or a palpable and overriding
error in determining a question of fact or question of mixed fact and
law (Hospira at para. 79). Further, this Court can only interfere with
a Federal Court judge’s review of a prothonotary’s discretionary order
if the judge made an error of law or palpable and overriding error in
determining a question of fact or question of mixed fact and law
(Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own
assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
must look to the Prothonotary’s Order to determine whether the Judge
erred in law or made a palpable and overriding error in choosing to
interfere.
B. Did the Judge err in interfering with the
Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following
paragraphs from the Crown’s submissions as the basis for striking the
Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but four
of those paragraphs are dedicated to an incident that occurred in 2006
in and around the legislature in New Brunswick. The jurisdiction of
the Federal Court does not extend to Her Majesty the Queen in right of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or provincial actors as parties to this action. The incident alleged
does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant
provide no details as to the individuals involved or the location of
the alleged incidents or other details sufficient to allow the
Defendant to respond. As a result, it is difficult or impossible to
determine the causes of action the Plaintiff is attempting to advance.
A generous reading of the Statement of Claim allows the Defendant to
only speculate as to the true and/or intended cause of action. At
best, the Plaintiff’s action may possibly be summarized as: he
suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim
on the same jurisdictional basis as the Prothonotary. The Judge noted
that the Federal Court has jurisdiction over claims based on the
liability of Federal Crown servants like the RCMP and that the actors
who barred Mr. Amos from the New Brunswick legislature in 2004
included the RCMP (Federal Court Judgment at para. 23). In considering
the viability of these allegations de novo, the Judge identified
paragraph 14 of the Claim as containing “some precision” as it
identifies the date of the event and a RCMP officer acting as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
para. 27).
[31] The Judge noted that the 2004 event could support a
cause of action in the tort of misfeasance in public office and
identified the elements of the tort as excerpted from Meigs v. Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’ statement of claim pleads each
element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful
conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her
conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public
officer and knowledge of harm alone is insufficient to conclude that a
public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient
material facts to meet the elements of the tort of misfeasance in
public office because the actors, who barred him from the New
Brunswick legislature in 2004, including the RCMP, did so for
“political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings
in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to
assert, baldly, conclusory phrases such as “deliberately or
negligently,” “callous disregard,” or “by fraud and theft did steal”.
“The bare assertion of a conclusion upon which the court is called
upon to pronounce is not an allegation of material fact”. Making bald,
conclusory allegations without any evidentiary foundation is an abuse
of process…
To this, I would add that the tort of misfeasance in public office
requires a particular state of mind of a public officer in carrying
out the impunged action, i.e., deliberate conduct which the public
officer knows to be inconsistent with the obligations of his or her
office. For this tort, particularization of the allegations is
mandatory. Rule 181 specifically requires particularization of
allegations of “breach of trust,” “wilful default,” “state of mind of
a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the
Prothonotary’s Order, we are of the view that the Judge interfered
absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable claim and was fundamentally vexatious on the
basis of jurisdictional concerns and the absence of material facts to
ground a cause of action. Paragraph 14 of the Claim, which addresses
the 2004 event, pleads no material facts as to how the RCMP officer
engaged in deliberate and unlawful conduct, knew that his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred from
the New Brunswick legislature for political and/or malicious reasons,
these allegations are not particularized and are directed against
non-federal actors, such as the Sergeant-at-Arms of the Legislative
Assembly of New Brunswick and the Fredericton Police Force. As such,
the Judge erred in determining that Mr. Amos’ allegation that the RCMP
barred him from the New Brunswick legislature in 2004 was capable of
supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare
allegations, devoid of any detail, such that it discloses no
reasonable cause of action within the jurisdiction of the Federal
Courts. Therefore, the Judge erred in interfering to set aside the
Prothonotary’s Order striking the claim in its entirety. Further, we
find that the Prothonotary made no error in denying leave to amend.
The deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s
cross-appeal, with costs, setting aside the Federal Court Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order, dated
November 12, 2015, which struck Mr. Amos’ Claim in its entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET:
A-48-16
STYLE OF CAUSE:
DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Fredericton,
New Brunswick
DATE OF HEARING:
May 24, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
DATED:
October 30, 2017
APPEARANCES:
David Raymond Amos
For The Appellant / respondent on cross-appeal
(on his own behalf)
Jan Jensen
For The Respondent / appELLANT ON CROSS-APPEAL
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent / APPELLANT ON CROSS-APPEAL
https://www.facebook.com/
John Williamson - Conservative Nomination Candidate New Brunswick Southwest
May 17 at 12:48pm ·
Great news! John Williamson is running for the federal Conservative
nomination in New Brunswick Southwest. He needs your help to secure
the riding and defeat the Trudeau Liberals in 2019.
Having served as Member of Parliament from 2011-2015, he knows the
issues, has proven ability, and can win: John had the highest
Conservative vote — 38.6% — of all 32 ridings in Atlantic Canada in
2015. It wasn’t enough to get over the top, but it was a clear signal
that his local campaign was strong.
How can you help? Only current Conservative Party members can vote for
John in the nomination, so please signup or renew your membership
here: https://donate.conservative.
There are also envelopes that need stuffing, phone calls that need to
be made, and events already planned.
Contact John today by e-mail at VoteJohnW@gmail.com or call
506-466-8347 to let him know how you can help!
Unsure if your membership is current? Feel free to contact John and
ask. His team can make sure you’re all set to vote.
And be sure to share and follow this page for updates on his campaign
and to learn about upcoming events.
Go John! And Vote John W!
Progressive Conservative MLA calls it quits at provincial level
Brian Macdonald won't run again for legislature seat, but might try
federal politics
CBC News · Posted: May 28, 2018 6:07 PM AT | Last Updated: May 28
Brian Macdonald, a Progressive Conservative MLA, has announced he
won't run in the Sept. 24 provincial election. (CBC)
New Brunswick's Progressive Conservative party is losing one of its
highest-profile MLAs just months before the next provincial election.
Brian Macdonald says he won't be a candidate this fall and may instead
jump into federal politics.
Calling the last year "my best year in politics," the two-term MLA
said his decision has nothing to do with PC Leader Blaine Higgs, who
beat Macdonald for the party leadership in 2016.
"It's been a really good year," Macdonald said. "I've had a strong
voice in the legislature on issues that are really important to my
heart.
"I also think it can be a challenge being in provincial politics. It's
very small, it's very close, it's very tight, and on a personal basis,
I want to move on."
Macdonald says he’s considering running for the federal Conservative
nomination in New Brunswick Southwest, which includes part of the
riding of Fredericton West-Hanwell, where he has been the MLA. (CBC)
Macdonald said he's considering running for the federal Conservative
nomination in New Brunswick Southwest, a constituency that includes
part of Macdonald's provincial riding of Fredericton West-Hanwell.
Health critic slams 'gutting' of top doctor's office
Blaine Higgs faces internal PC dissent over appointment
That decision would pit him against former Conservative MP John
Williamson, who announced May 21 he'll also seek the nomination in the
riding he represented from 2011 to 2015. Party members in the riding
will nominate their candidate June 28.
Macdonald said he'll also consider running federally in Fredericton.
The former soldier said he's also looking at job opportunities with
national organizations that advocate for veterans.
"I'm looking for opportunities and considering a lot of options," he said.
Blaine Higgs wins N.B. PC leadership race on 3rd ballot
Tory leadership hopefuls scramble to be 'second choice' of rivals'
supporters
Macdonald is the fifth candidate from the 2016 provincial PC
leadership race to opt against running in this year's election under
Higgs.
Macdonald said he is confident he would have won his riding again and
the Tories will win the election Sept. 24, meaning he'd have a shot of
becoming a minister.
But he said being a provincial politician "does wear on you and it
does make you think about what the other options are. … If I go
another four years in provincial politics, it concerns me that my
options would be limited after that."
The 47-year-old also said the recent death of some friends made him
realize he should pursue other opportunities when he can.
Macdonald's interest in federal politics has been well-known for
years. He was a political assistant to former federal Defence Minister
Peter MacKay and sought the federal Conservative nomination for
Fredericton for the 2008 election.
After failing to win that nomination, he ran provincially in
Fredericton-Silverwood in 2010 and was elected. He was re-elected in
the newly created riding of Fredericton West-Hanwell in 2014, when he
defeated then-NDP leader Dominic Cardy.
Macdonald ran for the leadership of the New Brunswick Progressive
Conservative Party but lost to Blaine Higgs. (Jacques Poitras/CBC)
In 2016, Macdonald ran for the PC leadership, placing sixth on the
first ballot out of seven candidates.
Macdonald said he doesn't think his departure will hurt the provincial
party's chances of holding on to Fredericton West-Hanwell.
"It's going to be very attractive to a number of high-calibre
candidates who are now beginning to come forward," he said.