Methinks there are some interesting things going on within my blog today N'esy Pas?
David Amos<david.raymond.amos333@gmail.com> | Thu, Mar 2, 2023 at 3:51 PM |
| To: heath.krevesky@tritonlogging.com, checkup@cbc.ca, Chris.Hall@cbc.ca, "rob.moore"<rob.moore@parl.gc.ca>, "Jenica.Atwin"<Jenica.Atwin@parl.gc.ca>, "Ginette.PetitpasTaylor"<Ginette.PetitpasTaylor@parl.gc.ca>, "Ross.Wetmore"<Ross.Wetmore@gnb.ca>, pm <pm@pm.gc.ca>, "pierre.poilievre"<pierre.poilievre@parl.gc.ca>, premier <premier@gov.bc.ca>, "John.Williamson"<John.Williamson@parl.gc.ca>, premier <premier@gov.pe.ca>, PREMIER <PREMIER@gov.ns.ca>, premier <premier@gnb.ca>, premier <premier@gov.nl.ca>, farseno@nb.aibn.com, tgriordon@nb.aibn.com, association@ajefnb.nb.ca, serge.rousselle@umoncton.ca, mrichard@lsbnb.ca, lleclerc@lsbnb.ca, brian.maude@gnb.ca, lrichard@lsbnb.ca, pfrenette@lsbnb.ca, isabel.lavoiedaigle@gnb.ca, michel.boudreau@fcnb.ca, lcmarcou@mccain.ca, caroline.lafontaine@gnb.ca, daniel@jardinelaw.ca, johnjarvie@rothesay.ca, khamer@unb.ca, carley@lutz.nb.ca, "Gilles.Moreau"<Gilles.Moreau@forces.gc.ca>, "andrea.anderson-mason"<andrea.anderson-mason@gnb.ca>, "Anita.Anand"<Anita.Anand@parl.gc.ca>, "andrew.scheer"<andrew.scheer@parl.gc.ca>, "erin.otoole"<erin.otoole@parl.gc.ca>, oig <oig@sec.gov>, "ernie.steeves"<ernie.steeves@gnb.ca> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, "ian.hanamansing"<ian.hanamansing@cbc.ca>, "blaine.higgs"<blaine.higgs@gnb.ca>, "hugh.flemming"<hugh.flemming@gnb.ca>, james.mockler@gnb.ca, cheryl.scholten@gnb.ca, Kevin.leahy@rcmp-grc.gc.ca, "barbara.massey"<barbara.massey@justice.gc.ca>, mcu <mcu@justice.gc.ca>, richard.williams@gnb.ca, michael.marin@unb.ca | |
https://davidraymondamos3. Thursday, 2 March 2023Moncton Mountie killer can seek parole 50 years earlier after appeal | |
Your post titled "Moncton Mountie killer can seek parole 50 years earlier after appeal" has been reinstated
Blogger<no-reply@google.com> | Thu, Mar 2, 2023 at 3:36 PM |
| To: david.raymond.amos333@gmail.com | |
Hello, We have re-evaluated the post titled "Moncton Mountie killer can seek parole 50 years earlier after appeal" against Community Guidelines https://blogger.com/go/content Sincerely, The Blogger Team | |
Retiring Chief Justice David Smith reflects on 26-year career
Smith appointed to the bench in 1993 and named chief justice of the Court of Queen's Bench five years later
And it was a case that made history when Smith, the chief justice of the Court of Queen's Bench, handed down the most severe criminal sentence in Canada since the abolition of the death penalty: three consecutive life sentences with no chance of parole for 75 years.
"There were three police officers," Smith said in an interview in his office the day before he retired from the court. "Police officers put their lives on the line for us. I felt each one of them, their loss, deserved a life sentence. That was my feeling on it."
Smith used a new federal law, passed in 2011, that allowed consecutive, rather than concurrent, sentences in cases involving multiple murders.
Bourque killed constables Douglas James Larche, Dave Joseph Ross and Fabrice Georges Gevaudan in June 2014. He wounded two other officers.
Bourque pleaded guilty, sparing the families of the officers a long trial.
But the two-day sentencing hearing went through a detailed timeline of the killings — an experience Smith says he will never forget.
"I found it the most difficult case I've done in my career," Smith said. "It was so emotional. Normally you don't get that much emotion in a case. … It was devastating listening to it."
Court of Queen's Bench Chief Justice David Smith presiding over the sentencing of Justin Bourque in 2014. (Andrew Robson for CBC)
Smith was appointed to the bench in 1993 and was named chief justice of the Court of Queen's Bench five years later.
The Moncton native retired March 20 when he turned 75, the mandatory retirement age for judges. He said the Bourque case is the one "that's going to live with me the rest of my life."
In the wake of the sentencing, some legal experts questioned whether Bourque's lawyer, David Lutz, gave him a full defence.
Lutz agreed to a statement of facts calling the killings "one of the most heinous crimes in Canadian history." After the sentencing, he declared Smith "had no choice" but to impose the 75-year sentence and did not file an appeal.
Smith wouldn't comment on Lutz's handling of the case, but said he wasn't surprised there had been no appeal.
He said Bourque had Lutz's advice and understood the ramifications of his guilty plea. "I think he was resigned to what was happening," he said.
A Quebec lawyer later said she would take on the appeal, but she was appointed a judge in 2016 and had to drop the case.
Judicature Act battle
Smith also used his retirement to make a final comment on his public battle with the previous Liberal government of Brian Gallant over changes to the Judicature Act.
The 2017 amendments took away Smith's power to unilaterally transfer judges on the Court of Queen's Bench, something he complained publicly would erode the independence of the courts.
"It pretty well is obvious that it targeted me and didn't allow me to move judges when they wished to be moved," Smith told CBC News last week.
He said given the province offered different rationales for the change at different times, "I think it had to be — I'm speculating — a political motive rather than for the good of the court."
But he would not comment on Progressive Conservative allegations that the Liberals wanted to keep some judicial vacancies open so that lawyers close to Gallant and federal cabinet minister Dominic LeBlanc could be appointed to fill them.
"It's all pure speculation," Smith said.
During the public controversy, CBC News obtained correspondence that showed two of Smith's colleagues — then-New Brunswick Chief Justice Ernest Drapeau and fellow Court of Queen's Bench justice George Rideout — were at odds with him over the issue.
But Smith said his relationship with most of his fellow judges "was generally very good" as the public debate played out.
"The court was supportive in general, because they knew I always [transfer a judge] only at the request of the judge and always for the benefit of the court."
In last year's election, Progressive Conservative MLA Ted Flemming promised that a PC government would repeal the change, though that hasn't happened yet.
Cameras and courthouses
Smith also weighed in on the PC government's decision to cancel a planned new courthouse for Fredericton that would replace the existing 1930 building.
"It does need replacing. I don't think there's any doubt about that," Smith said, though he added it should happen "when we can afford it."
He wouldn't call the need urgent, but said it should happen within the current government's mandate.
Smith said modern courthouses, including those in Moncton and Saint John, have much-needed security features including separate entrances for the public, prisoners and judges, "so we never meet. It's a very secure system."
Earlier this year, Smith said the Fredericton courthouse lacks much-needed security features that modern courthouses in Saint John and Moncton have. (CBC)
The former chief justice also said he thinks the courts should be more open to the public, including by livestreaming proceedings via video cameras.
Cameras already record trials and hearings for internal use and "it would seem to me it should be a fairly easy thing to stream those … so if you want to tune in to see what's happening in Courtroom Number 12, you should be able to do that."
Smith warned that "most of it's like watching paint dry — it's not very entertaining," but said he believes in transparency. Family court trials might not be livestreamed, but "anything that's open to the public should be able to be broadcast."
A new settlement process
Smith said the biggest change he saw during his more than quarter-century as a judge was the advent of settlement conferences, something he pioneered in New Brunswick.
To deal with a backlog of cases, Smith began nudging parties in civil cases to agree to settlement conferences, overseen by judges, to sort out an agreement and avoid a lengthy trial.
The agreements are turned into binding court orders that are not subject to appeal.
At first, many judges believed that overseeing such discussions went beyond their role, but now almost all recognize it's a way to make the courts more efficient.
"It's such a time-saver and a money-saver," he said. "It gives a certainty that going to court doesn't."
ABOUT THE AUTHOR
Moncton Mountie killer can seek parole 50 years earlier after appeal
Decision by N.B. Appeal Court was expected after higher court ruling struck down 'parole-stacking'
The man who killed three Mounties in Moncton, N.B., will be able to seek parole decades sooner.
A decision by New Brunswick's Court of Appeal issued Thursday reduces Justin Bourque's parole eligibility by 50 years. He could seek parole at age 49 instead of 99.
The decision notes that while a person may be eligible for parole, there's no guarantee the Parole Board of Canada would grant it.
The Appeal Court decision was all but certain following a Supreme Court of Canada ruling last year that struck down "parole-stacking." That decision was in the case involving Alexandre Bissonnette, the man who shot six people at a Quebec City mosque in 2017, and applied retroactively to 2011.
"The Supreme Court's decision in Bissonnette makes the sentence imposed on Mr. Bourque one that is neither permitted by law nor constitutional," the appeal court decision states.
Crown prosecutors acknowledged in filings ahead of the decision that the Supreme Court ruling means Bourque's eligibility must be reduced.
Bourque fatally shot constables David Ross, Fabrice Gevaudan and Douglas Larche and wounded constables Darlene Goguen and Eric Dubois on June 4, 2014.
He not only left families devastated, but also left the local community and the law enforcement communities in a state of pain and anguish.
- Court of Appeal decision
The brief decision says "we observe that Mr. Bourque committed horrendous crimes that damaged the very fabric of our society. Fuelled by hatred for authority, he took the lives of three innocent victims and injured two more.
"He not only left families devastated, but also left the local community and the law enforcement communities in a state of pain and anguish."
Bourque's lawyer, David Lutz, said he was unavailable to comment Thursday.
In a statement released following the decision, the RCMP union said it respects the authority of the Supreme Court of Canada even when it disagrees with a specific decision.
Brian Sauvé, president of the National Police Federation, said in the statement that the union is calling on the federal government to address the root causes of crime and should consider reviewing and modernizing sentencing guidelines.
Mounties pay tribute at a memorial in honour of the three officers in downtown Moncton in 2016. (Matthew Bingley/CBC)
Bourque was 24 when he pleaded guilty in 2014 to three counts of murder and two counts of attempted murder.
A person convicted of first-degree murder is ineligible for parole for 25 years.
When Bourque was sentenced, the law allowed judges to impose life sentences for multiple murders consecutively instead of concurrently. The judge did so, resulting in Bourque being ineligible for parole for 75 years.
In the Bissonnette case, the Supreme Court found the 2011 law allowing consecutive periods of parole ineligibility violated the Canadian Charter of Rights and Freedoms.
The Bourque decision by Chief Justice Marc Richard, Justice Kathleen Quigg and Justice Denise LeBlanc cites a passage of that ruling saying it shouldn't be read as devaluing the lives of victims.
"This appeal is not about the value of each human life, but rather about the limits on the state's power to punish offenders, which, in a society founded on the rule of law, must be exercised in a manner consistent with the Constitution," the Supreme Court decision states.
In an interview when he retired, David Smith, who sentenced Justin Bourque in 2014, called it the most difficult case he had heard in his 26 years as a judge. (Jacques Poitras/CBC)
Bouque's sentence by David Smith, at the time chief justice of the Court of Queen's Bench, was considered the most severe in Canada since the abolition of the death penalty.
While Bourque pleaded guilty, avoiding the need to hold a trial, a two-day sentencing hearing included a detailed timeline of the killings.
Smith said in an interview with CBC after he retired in 2019 that it was the most difficult case he heard in his 26 years as a judge.
"Police officers put their lives on the line for us. I felt each one of them, their loss, deserved a life sentence. That was my feeling on it."
ABOUT THE AUTHOR
Moncton Mountie killer to formally ask Appeal Court for earlier parole eligibility
Justin Bourque now eligible for parole at 49, rather than 99 as originally sentenced
Justin Bourque has a date with the New Brunswick Court of Appeal next month, but it's more of a legal formality than anything else, says his lawyer.
In court documents, David Lutz has asked the court to shave 50 years off Bourque's parole eligibility.
The move simply ensures Bourque's parole documents are in line with last year's decision by the Supreme Court of Canada.
In May, the court unanimously struck down so-called "parole-stacking" for mass murderers. According to the decision, it took effect immediately and is retroactive to 2011, when the law was created.
That meant Bourque, the man who killed three RCMP officers in Moncton in 2014, will be eligible for parole at the age of 49 rather than 99, which is what the sentencing judge imposed.
But Bourque's file still contains the original parole eligibility. Lutz said he must formally ask the court to "make the change official."
Section 745.51 of the Criminal Code was enacted in 2011 and gave sentencing judges the power to combine parole eligibility in cases of multiple first- and second-degree murder charges.
But Alexandre Bissonnette, who shot six people at a mosque in 2017, challenged the constitutionality of the law and the Supreme Court decided in his favour last May.
Chief Justice Richard Wagner wrote the decision for the court, saying it constituted cruel and unusual punishment.
Wagner wrote that by establishing parole ineligibility "for 75, 100, 125 or even 800 years, the conclusion is self‑evident: the individual is sentenced to die in prison, deprived of any possibility of one day recovering a portion of their liberty."
He then cited Bourque's case as an illustration that "such cases are far from being hypothetical."
Each victim 'deserved a life sentence'
The judge who sentenced Bourque in 2014 spoke about using the Criminal Code section that was struck down last year.
Just before he retired from the bench in 2019, David Smith talked about handing down three consecutive life sentences with no chance of parole for 75 years.
"There were three police officers," Smith said in an interview in his office the day before he retired from the court. "Police officers put their lives on the line for us. I felt each one of them, their loss, deserved a life sentence. That was my feeling on it."
ABOUT THE AUTHOR
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 2 Feb 2018 09:36:42 -0400
Subject: Yo Norman.Sabourin Need I say that the noname assistant of
your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: "Norman.Sabourin"<Norman.Sabourin@cjc-ccm.gc.ca>,
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 2 Feb 2018 09:36:42 -0400
Subject: Yo Norman.Sabourin Need I say that the noname assistant of
your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: "Norman.Sabourin"<Norman.Sabourin@cjc-ccm.gc.ca>,
david.d.smith@gnb.ca, "denis.landry2"<denis.landry2@gnb.ca>,
Brian.Gallant@gnb.ca, "serge.rousselle"<serge.rousselle@gnb.ca>,
"David.Coon"<David.Coon@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, "david.eidt"<david.eidt@gnb.ca>,
caroline.lafontaine@gnb.ca, crystal.critch@gnb.ca
Cc: David Amos <david.raymond.amos@gmail.com>
michael.bray@fosterandcompany.
<Jacques.Poitras@cbc.ca>, "Larry.Tremblay"
<Larry.Tremblay@rcmp-grc.gc.ca
http://www.cbc.ca/news/canada/
New Brunswick chief justice announces retirement
J. Ernest Drapeau was appointed to the office in 2003
CBC News Posted: Feb 01, 2018 5:32 PM AT
http://www.cbc.ca/news/canada/
Sitting judge calls on chief justice to resign for defying transfer law
Chief Justice David Smith transferred a judge in December in a
challenge of new Judicature Act changes
By Jacques Poitras, CBC News Posted: Feb 02, 2018 4:00 AM AT
The Hon. George S. Rideout
Justice:
Court of Queen's Bench of New Brunswick
Moncton
Judges Chambers
145 Assumption Blvd.,
PO Box 5001, Stn. LCD 1
Moncton, New Brunswick E1C 8R3
Phone: 506-856-2301
Bell, Drapeau and Smith should have done the right thing LONG AGO
https://www.cjc-ccm.gc.ca/
New Brunswick
The Honourable Ernest Drapeau, Chief Justice of New Brunswick
The Honourable David D. Smith, Chief Justice of the Court of Queen's
Bench of New Brunswick
Court Martial Appeal Court of Canada
The Honourable B. Richard Bell, Chief Justice of the Court Martial
Appeal Court of Canada
Need I remind the Justice Dept that I am about to make an application to
the Supreme Court because of this wicked decision? Please enjoy
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
http://davidraymondamos3.
Thursday, 21 December 2017
Attn Simon Fish of the BMO and Robert Kennedy of Dentons I just called
from 902 800 0369 Play dumb all you wish The BMO has had my documents
for years
https://www.scribd.com/
https://www.scribd.com/doc/
While I was publishing this in my blog the lawyer Bobby Baby Kennedy called
back from (416) 846-6598 and played as dumb. Hell he even claimed that he
did not know who Frank McKenna was No partner even a lowly collection
dude within Dentons is allowed to be THAT stupid.
> ---------- 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: David Amos motomaniac333@gmail.com
> Date: Wed, Sep 23, 2015 at 10:35 AM
> Subject: 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.Hansen@justice.gc.ca, peter.mackay@justice.gc.ca
> peacock.kurt@telegraphjournal.
> david.akin@sunmedia.ca, robert.frater@justice.gc.ca, paul.riley@ppsc-sppc.gc.ca,
> greg@gregdelbigio.com, joyce.dewitt-vanoosten@gov.bc.
> joan.barrett@ontario.ca, jean-vincent.lacroix@gouv.qc.
> peter.rogers@mcinnescooper.com
, mfeder@mccarthy.ca, mjamal@osler.com
> Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca,
> Whistleblower@ctv.ca
>
> https://scc-csc.lexum.com/scc-
>
> http://www.scc-csc.gc.ca/
>
> http://thedavidamosrant.
>
> I repeat what the Hell do I do with the Yankee wiretapes taps sell
> them on Ebay or listen to them and argue them with you dudes in
> Feferal Court?
>
> Petey Baby loses all parliamentary privelges in less than a month but
> he still supposed to be an ethical officer of the Court CORRECT?
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sat, 17 Nov 2012 14:10:14 -0400
> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
> the USDOJ for me will ya?
> To: RBauer@perkinscoie.com, sshimshak@paulweiss.com,
> cspada@lswlaw.com, msmith@svlaw.com, bginsberg@pattonboggs.com,
> gregory.craig@skadden.com, pm@pm.gc.ca, bob.paulson@rcmp-grc.gc.ca,
> bob.rae@rogers.blackberry.net, MulcaT@parl.gc.ca, leader@greenparty.ca
> Cc: alevine@cooley.com, david.raymond.amos@gmail.com,
> michael.rothfeld@wsj.com, remery@ecbalaw.com
>
> QSLS Politics
> By Location Visit Detail
> Visit 29,419
> Domain Name usdoj.gov ? (U.S. Government)
> IP Address 149.101.1.# (US Dept of Justice)
> ISP US Dept of Justice
> Location Continent : North America
> Country : United States (Facts)
> State : District of Columbia
> City : Washington
> Lat/Long : 38.9097, -77.0231 (Map)
> Language English (U.S.) en-us
> Operating System Microsoft WinXP
> Browser Internet Explorer 8.0
> Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
> CLR 2.0.50727; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; InfoPath.2;
> DI60SP1001)
> Javascript version 1.3
> Monitor Resolution : 1024 x 768
> Color Depth : 32 bits
> Time of Visit Nov 17 2012 6:33:08 pm
> Last Page View Nov 17 2012 6:33:08 pm
> Visit Length 0 seconds
> Page Views 1
> Referring URL http://www.google.co...
> Search Engine google.com
> Search Words david amos bernie madoff
> Visit Entry Page http://qslspolitics....-wendy-
> Visit Exit Page http://qslspolitics....-wendy-
> Out Click
> Time Zone UTC-5:00
> Visitor's Time Nov 17 2012 12:33:08 pm
> Visit Number 29,419
>
> http://qslspolitics.blogspot.
>
>
> Could ya tell I am investigating your pension plan bigtime? Its
> because no member of the RCMP I have ever encountered has earned it yet
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 19 Nov 2012 11:36:04 -0400
> Subject: This is a brief as I can make my concerns Randy
> To: randyedmunds@gov.nl.ca
> Cc: david.raymond.amos@gmail.com
>
> In a nutshell my concerns about the actions of the Investment Industry
> affect the interests of every person in every district of every
> country not just the USA and Canada. I was offering to help you with
> Emera because my work with them and Danny Williams is well known and
> some of it is over eight years old and in the PUBLIC Record.
>
> All you have to do is stand in the Legislature and ask the MInister of
> Justice why I have been invited to sue Newfoundland by the
> Conservatives
>
>
> Obviously I am the guy the USDOJ and the SEC would not name who is the
> link to Madoff and Putnam Investments
>
> Here is why
>
> http://banking.senate.gov/
>
> Notice the transcripts and webcasts of the hearing of the US Senate
> Banking Commitee are still missing? Mr Emory should at least notice
> Eliot Spitzer and the Dates around November 20th, 2003 in the
> following file
>
> http://www.checktheevidence.
>
> http://occupywallst.org/users/
>
>
> ---------- Forwarded message ----------
> From: "Hansen, David"David.Hansen@justice.gc.ca
> Date: Thu, 1 Aug 2013 19:28:44 +0000
> Subject: RE: I just called again Mr Hansen
> To: David Amos motomaniac333@gmail.com
>
> Hello Mr. Amos,
>
> I manage the Justice Canada civil litigation section in the Atlantic
> region. We are only responsible for litigating existing civil
> litigation files in which the Attorney General of Canada is a named
> defendant or plaintiff. If you are a plaintiff or defendant in an
> existing civil litigation matter in the Atlantic region in which
> Attorney General of Canada is a named defendant or plaintiff please
> provide the court file number, the names of the parties in the action
> and your question. I am not the appropriate contact for other
> matters.
>
> Thanks
>
> David A. Hansen
> Regional Director | Directeur régional
> General Counsel |Avocat général
> Civil Litigation and Advisory | Contentieux des affaires civiles et
> services de consultation
> Department of Justice | Ministère de la Justice
> Suite 1400 – Duke Tower | Pièce 1400 – Tour Duke
> 5251 Duke Street | 5251 rue Duke
> Halifax, Nova Scotia | Halifax, Nouvelle- Écosse
> B3J 1P3
> david.hansen@justice.gc.ca
> Telephone | Téléphone (902) 426-3261 / Facsimile | Télécopieur (902)
> 426-2329
> This e-mail is confidential and may be protected by solicitor-client
> privilege. Unauthorized distribution or disclosure is prohibited. If
> you have received this e-mail in error, please notify us and delete
> this entire e-mail.
> Before printing think about the Environment
> Thinking Green, please do not print this e-mail unless necessary.
> Pensez vert, svp imprimez que si nécessaire.
>
>
---------- Original message ----------
From: Póstur FOR <postur@for.is>
Date: Sun, 4 Feb 2018 21:04:23 +0000
Subject: Re: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Sun, 4 Feb 2018 21:03:34 +0000
Subject: RE: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 4 Feb 2018 17:03:13 -0400
Subject: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: press@masspirates.org, postur <postur@for.is>, smari
<smari@immi.is>, smarim <smarim@althingi.is>, smaher
<smaher@postmedia.com>, "Jacques.Poitras"<Jacques.Poitras@cbc.ca>,
oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>,
"andrew.scheer"<andrew.scheer@parl.gc.ca>, "Bill.Morneau"
<Bill.Morneau@canada.ca>, newsroom <newsroom@globeandmail.ca>,
"Dominic.Cardy"<Dominic.Cardy@gnb.ca>, David Amos
<david.raymond.amos@gmail.com>
Cc: maltpoet@gmail.com, Joseph.P.Onoroski@gmail.com,
srevilak@masspirates.org, msukin11@gmail.com, jokeefe@jamesokeefe.org,
noeseek@gmail.com
---------- Original message ----------
From: Póstur FOR <postur@for.is>
Date: Sun, 6 Nov 2016 19:30:11 +0000
Subject: Re: Re Federal Court file no T-1557-15 Methinks that the
Pirates and even your minions in the RCMP, CSIS, and their pals in CSE
FBI, NSA, DHS and INTERPOL made fun the last of "Barrett's Privateers"
for way past too long EH Mr Minister Rotten Ralpy Goodale?
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
https://archive.org/details/
FOIA For Fun and Liberation
by Massachusetts Pirate Party
Publication date 2016-06-25
Usage http://creativecommons.org/
Topics Massachusetts, Public Records, Secretary of the Commonwealth, FOIA
Language English
Maya Shaffer is a reporter for the Bay State Examiner, and someone
who's used Massachusetts public records law enough to know it inside
and out. This is a great talk, where Maya tells her stories of public
records requesters in Massachusetts. Highlights include:
The time Maya made an in-person FOIA request to NEMLEC -- the
Northeastern Massachusetts Law Enforcement Council. NEMLEC wasn't
sure how to respond to an in-person request, so they called 911.
An agency proposed a $400 fee to process a public records request.
The agency takes the $400, but never produces the records.
How the city of Boston wanted to charge $10,000 to produce emails
between the city, and the Massachusetts Municipal Association
How Massachusetts public records laws aren't "real laws", in the
sense that they're routinely violated, and the violating party is
never punished.
The level of apathy and disdain that the Secretary of the
Commonwealth has for Massachusetts public records laws.
The really neat things you can find out, if you manage to get your
public records request fulfilled.
Maya's talk was record on June 25, 2016, during PirateCon 2016.
Identifier foia-for-fun-and-liberation
Scanner Internet Archive HTML5 Uploader 1.6.3
Taped by Steve Revilak
Year 2016
http://www.baystateexaminer.
https://twitter.com/
https://masspirates.org/blog/
The Massachusetts Pirate Party was formed in May, 2010 by James
O’Keefe, Chris Reynolds and Erik Zoltan. We are active in promoting
privacy, transparent government, and innovation by reining in
copyright laws and eliminating patent laws. We ran candidates for
State Representative in 2014 and 2016 and elected our first office
holder in 2015.
Pirate Council
Captain – James O’Keefe / jokeefe@jamesokeefe.org / 617-447-0210 /
@jpokeefe / Key Id: 0xAAFF1FEC
First Officer – Noelani Kamelamela / noeseek@gmail.com / 617-901-4076
/ Key Id: 0x358758A8
Quartermaster – Joseph Onoroski / Joseph.P.Onoroski@gmail.com
PR/Media Director – Open
Activism Director – Sam Capradae / maltpoet@gmail.com
Swarmwise Director – Open
Web/Info Director – Open
Council of Arbitrators
Steve Revilak / srevilak@masspirates.org / 781-648-1083 /
@Purple_Bandanna / Key Id: 0x28C2A300
Moses Sukin / msukin11@gmail.com / 585-748-9347
Sam Capradae / maltpoet@gmail.com
Representative to the United States Pirate Party
Sam Capradae / maltpoet@gmail.com
Joseph Onoroski / Joseph.P.Onoroski@gmail.com
To contact us, please email press@masspirates.org or call/txt us at
(617) 863-6277.
Press distribution
If you would like to receive Pirate Party press releases, email
press@masspirates.org and we will add you to our press list.
http://www.cbc.ca/news/
A year later, Trudeau will only revisit electoral reform if pushed by
other parties — something MPs don't buy
PM says proportional representation would divide MPs, be harmful to Canadians
By Elise von Scheel, CBC News Posted: Feb 01, 2018 11:53 AM ET
482 Comments
Commenting is now closed for this story.
bill chagwich
bill chagwich
YES FOLKS, I was elected to help you,but to my own interest electoral
reform will not work for me or my voter base, therefore take my
promise and kinda forget about it,
the honorable Justin Trudeau
better know as what I promise means nothing,just a election plot
bill chagwich
bill chagwich
@bill chagwich we all know what this is all about,CAMPAIGNING on the
middle class tax payers dime
Darryl McBride
Darryl McBride
@bill chagwich
Reinforcing, how can one have credibility with no ethics.
David Amos
David Amos
@bill chagwich
Friday, October 7, 2016 Friday, Oct. 7, 2016
Electoral Reform Meeting 39
The Chair:
Thank you very much.
Mr. David Amos, the floor is yours.
Mr. David Amos (As an Individual):
Mr. Chair, I ran for public office five times against your party.
That said, I ran against Mr. DeCourcey's boss right here in
Fredericton in the election for the 39th Parliament.
I was not aware of this committee meeting in Fredericton today until
I heard Mr. DeCourcey speaking on CBC this morning. I don't pretend
to know something I don't, but I'm a quick study. I thought I
had paid my dues to sit on the panel. I notified the clerks in a
timely fashion, but I received no response. At least I get another
minute and a half.
The previous speaker answered the $64,000 question: 338. I can name
every premier in the country. Governor Maggie Hassan is my governor
in New Hampshire. The people there who sit in the house get paid $100
a year plus per diem expenses. I think that's the way to run a
government. There are lots of seats in the house for a very small
state.
My understanding of this hearing is that you have to report to Mr.
Trudeau by December 1, because he said during the election that if he
were elected Prime Minister, the 42nd Parliament, which I also ran in,
would be the last first-past-the-post election. You don't have much
time, so my suggestion to the clerks today, which I published and sent
to the Prime Minister of Iceland and his Attorney General, was to do
what Iceland does. Just cut and paste their rules. They have no first
past the post. They have a pending election.
David Amos
David Amos
@David Amos
A former friend of mine, Birgitta Jónsdóttir, founded a
party there, for which there is no leader. It is the Pirate Party.
It's high in the polls right now with no leader. That's interesting. I
tweeted this. You folks said that you follow tweets, so you should
have seen what I tweeted before I came here this evening.
That said, as a Canadian, I propose something else. Number
one, my understanding of the Constitution and what I read about
law.... There was a constitutional expert named Edgar Schmidt who sued
the government. He was the man who was supposed to vet bills for Peter
MacKay to make sure they were constitutionally correct. He did not
argue the charter. He argued Mr. Diefenbaker's Bill of Rights.
In 2002 I read a document filed by a former deputy minister
of finance, Kevin Lynch, who later became Mr. Harper's clerk of the
Privy Council. Now he's on an independent board of the Chinese oil
company that bought Nexen. As deputy minister of finance, he reported
to the American Securities and Exchange Commission on behalf of the
corporation known as Canada. It is a very interesting document that I
saved and forwarded to you folks. It says that he was in a quandary
about whether the charter was in effect.
(2005)
David Amos
David Amos
@David Amos
The Chair:
Could it be in relation to a particular voting system?
Mr. David Amos:
According to Mr. Lynch, because of the failure of the Meech Lake and
Charlottetown accords, he was in a quandary as to whether the charter
was in effect. I know that the Supreme Court argues it on a daily
basis. That charter, created by Mr. Trudeau and Mr. Chrétien, his
attorney general at the time, gave me the right to run for public
office and vote as a Canadian citizen. However, in the 1990s, Mr.
Chrétien came out with a law, and because I am a permanent American
resident, I can't vote. Yet the charter says I can.
The Chair:
That's a—
Mr. David Amos:
That said, that's been argued in court. In 2000, Mr. Chrétien came out
with a law that said I couldn't vote. Right? He also took away my
social insurance number.
The Chair:
I don't know about the case—
Mr. David Amos:
No, he did.
The Chair:
But I don't know about the case.
Mr. David Amos:
I did prove, after I argued with Elections Canada's lawyers in
2004.... You might have taken away my right to vote, but you can't
stop me from running for public office, and I proved it five times.
The Chair:
Given that you're an experienced candidate—
Mr. David Amos:
Very experienced.
The Chair:
—does that experience provide you with a particular insight on the
voting systems we're looking at?
Mr. David Amos:
In Mr. Trudeau's words, he has to come up with a plan and no more
first past the post. My suggestion to you, in my contact today, is to
cut and paste Iceland's rules.
David Amos
David Amos
@David Amos
The Chair:
What kind of system does Iceland have?
Mr. David Amos:
It's just what you need, just what Mr. Trudeau is ordering now. It's
proportional elections.
The Chair:
Is it MMP, or is it just...?
Mr. David Amos:
I tweeted you the beginner's book for Iceland.
The Chair:
Okay, we'll look at Iceland.
We're just checking on the kind of system they have, but I appreciate
the input, especially from a candidate, from somebody who has run many
times.
But we do have—
Mr. David Amos:
I have two other points, because I don't think you can pull this off.
I don't think it will happen.
The Chair:
Well, I'm hoping we do.
Mr. David Amos:
Here is my suggestion. You guys are going north.
The Chair:
Yes.
Mr. David Amos:
Look how parliamentarians are elected in the Northwest
Territories. There is no party, and I like that.
The Chair:
That's true. We were just up in Yellowknife, in fact, and we learned
all about that. That's why it's good for us to be travelling the
country.
But, sir, I—
Mr. David Amos:
I have one more suggestion.
The Chair:
One more.
Mr. David Amos:
Mr. Harper changed the Canada Elections Act and I still couldn't vote.
The Chair:
Yes, I was in the House when that happened.
David Amos
David Amos
@David Amos
Mr. David Amos:
Anyway, that said, when you alter the Canada Elections Act, make it....
The biggest problem we have is, look at the vast majority of people
who, like me, have never voted in their life. Apathy rules the day.
The Chair:
Except that you've put us on to an idea about Iceland—
Mr. David Amos:
Let me finish.
I suggest that you make voting mandatory, such as Australia does. Make
it that if you don't vote, it costs you money, just like if you don't
report to Statistics Canada.
The Chair:
Well, we're talking about that. That is part of our mandate, to look
at mandatory voting and online voting.
You already had your last suggestion.
(2010)
Mr. David Amos:
Put in the line, “none of the above”, and if “none of the above” wins—
The Chair:
That's right, we've heard that, too.
Mr. David Amos:
Well, I haven't.
The Chair:
We've heard that in our testimony.
Mr. David Amos:
You and I will be talking again, trust me on that one, by way of writing.
You answered my emails, Ma'am.
The Chair:
Thank you very much, sir.
Now we'll hear from Julie Maitland.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"<Brian.Gallant@gnb.ca>
Date: Fri, 2 Feb 2018 16:02:29 +0000
Subject: RE: Yo Norman Sabourin Need I say that the no-name assistant
of your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.camedia-
>. Thank you!
******************************
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
media-medias@gnb.camedia-
---------- Original message ----------
From: "Critch, Crystal (JPS/JSP)"<Crystal.Critch@gnb.ca>
Date: Fri, 2 Feb 2018 16:02:29 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Veuillez prendre note que je serai hors du bureau jusqu'au 5 février
2018. En cas d'urgence, veuillez communiquer avec la réception au 506
453-4230.
Please note that I am out of the office until February 5, 2018. In
case of emergency, please contact reception at 506 453-4230.
thank you/merci,
Crystal Critch
---------- Original message ----------
From: "Jensen, Jan"<jan.jensen@justice.gc.ca>
Date: Fri, 2 Feb 2018 16:02:23 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
I will be out of office and will have limited email access until I
return on Monday, February 5th, 2018. If you require immediate
assistance, please contact my assistant at (902) 426 1798.
---------- Original message ----------
From: "Fitch, Leanne"<leanne.fitch@fredericton.ca>
Date: Fri, 2 Feb 2018 16:02:24 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Due to a very high volume of incoming email to this account there is
an unusual backlog of pending responses. Your query may not be
responded to in a timely fashion. If you require a formal response
please send your query in writing to my attention c/o Fredericton
Police Force, 311 Queen St, Fredericton, NB E3B 1B1 or phone (506)
460-2300.
This e-mail communication (including any or all attachments) is
intended only for the use of the person or entity to which it is
addressed and may contain confidential and/or privileged material. If
you are not the intended recipient of this e-mail, any use, review,
retransmission, distribution, dissemination, copying, printing, or
other use of, or taking of any action in reliance upon this e-mail, is
strictly prohibited. If you have received this e-mail in error, please
contact the sender and delete the original and any copy of this e-mail
and any printout thereof, immediately. Your co-operation is
appreciated.
Any correspondence with elected officials, employees, or other agents
of the City of Fredericton may be subject to disclosure under the
provisions of the Province of New Brunswick Right to Information and
Protection of Privacy Act.
Le présent courriel (y compris toute pièce jointe) s'adresse
uniquement à son destinataire, qu'il soit une personne ou un
organisme, et pourrait comporter des renseignements privilégiés ou
confidentiels. Si vous n'êtes pas le destinataire du courriel, il est
interdit d'utiliser, de revoir, de retransmettre, de distribuer, de
disséminer, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant ou de vous en servir de toute autre façon. Si vous avez reçu le
présent courriel par erreur, prière de communiquer avec l'expéditeur
et d'éliminer l'original du courriel, ainsi que toute copie
électronique ou imprimée de celui-ci, immédiatement. Nous sommes
reconnaissants de votre collaboration.
Toute correspondance entre ou avec les employés ou les élus de la
Ville de Fredericton pourrait être divulguée conformément aux
dispositions de la Loi sur le droit à l’information et la protection
de la vie privée.
GOV-OP-073
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Fri, 2 Feb 2018 16:02:26 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
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---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Fri, 2 Feb 2018 16:02:27 +0000
Subject: RE: Yo Norman Sabourin Need I say that the no-name assistant
of your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 2 Feb 2018 12:02:19 -0400
Subject: Yo Norman Sabourin Need I say that the no-name assistant of
your buddy Chief Jus...
[Message clipped] View entire message
2 attachments — Scan and download all attachments
Integrity-yea-right.-txt.pdf
663K View as HTML Scan and download
Melanie Joly vs Hubby Lacroix.pdf
29K View as HTML Scan and download
Brian.Gallant@gnb.ca, "serge.rousselle"<serge.rousselle@gnb.ca>,
"David.Coon"<David.Coon@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, "david.eidt"<david.eidt@gnb.ca>,
caroline.lafontaine@gnb.ca, crystal.critch@gnb.ca
Cc: David Amos <david.raymond.amos@gmail.com>
michael.bray@fosterandcompany.
<Jacques.Poitras@cbc.ca>, "Larry.Tremblay"
<Larry.Tremblay@rcmp-grc.gc.ca
http://www.cbc.ca/news/canada/
New Brunswick chief justice announces retirement
J. Ernest Drapeau was appointed to the office in 2003
CBC News Posted: Feb 01, 2018 5:32 PM AT
http://www.cbc.ca/news/canada/
Sitting judge calls on chief justice to resign for defying transfer law
Chief Justice David Smith transferred a judge in December in a
challenge of new Judicature Act changes
By Jacques Poitras, CBC News Posted: Feb 02, 2018 4:00 AM AT
The Hon. George S. Rideout
Justice:
Court of Queen's Bench of New Brunswick
Moncton
Judges Chambers
145 Assumption Blvd.,
PO Box 5001, Stn. LCD 1
Moncton, New Brunswick E1C 8R3
Phone: 506-856-2301
Bell, Drapeau and Smith should have done the right thing LONG AGO
https://www.cjc-ccm.gc.ca/
New Brunswick
The Honourable Ernest Drapeau, Chief Justice of New Brunswick
The Honourable David D. Smith, Chief Justice of the Court of Queen's
Bench of New Brunswick
Court Martial Appeal Court of Canada
The Honourable B. Richard Bell, Chief Justice of the Court Martial
Appeal Court of Canada
Need I remind the Justice Dept that I am about to make an application to
the Supreme Court because of this wicked decision? Please enjoy
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
http://davidraymondamos3.
Thursday, 21 December 2017
Attn Simon Fish of the BMO and Robert Kennedy of Dentons I just called
from 902 800 0369 Play dumb all you wish The BMO has had my documents
for years
https://www.scribd.com/
https://www.scribd.com/doc/
While I was publishing this in my blog the lawyer Bobby Baby Kennedy called
back from (416) 846-6598 and played as dumb. Hell he even claimed that he
did not know who Frank McKenna was No partner even a lowly collection
dude within Dentons is allowed to be THAT stupid.
> ---------- 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: David Amos motomaniac333@gmail.com
> Date: Wed, Sep 23, 2015 at 10:35 AM
> Subject: 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.Hansen@justice.gc.ca, peter.mackay@justice.gc.ca
> peacock.kurt@telegraphjournal.
> david.akin@sunmedia.ca, robert.frater@justice.gc.ca, paul.riley@ppsc-sppc.gc.ca,
> greg@gregdelbigio.com, joyce.dewitt-vanoosten@gov.bc.
> joan.barrett@ontario.ca, jean-vincent.lacroix@gouv.qc.
> peter.rogers@mcinnescooper.com
, mfeder@mccarthy.ca, mjamal@osler.com
> Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca,
> Whistleblower@ctv.ca
>
> https://scc-csc.lexum.com/scc-
>
> http://www.scc-csc.gc.ca/
>
> http://thedavidamosrant.
>
> I repeat what the Hell do I do with the Yankee wiretapes taps sell
> them on Ebay or listen to them and argue them with you dudes in
> Feferal Court?
>
> Petey Baby loses all parliamentary privelges in less than a month but
> he still supposed to be an ethical officer of the Court CORRECT?
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sat, 17 Nov 2012 14:10:14 -0400
> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
> the USDOJ for me will ya?
> To: RBauer@perkinscoie.com, sshimshak@paulweiss.com,
> cspada@lswlaw.com, msmith@svlaw.com, bginsberg@pattonboggs.com,
> gregory.craig@skadden.com, pm@pm.gc.ca, bob.paulson@rcmp-grc.gc.ca,
> bob.rae@rogers.blackberry.net, MulcaT@parl.gc.ca, leader@greenparty.ca
> Cc: alevine@cooley.com, david.raymond.amos@gmail.com,
> michael.rothfeld@wsj.com, remery@ecbalaw.com
>
> QSLS Politics
> By Location Visit Detail
> Visit 29,419
> Domain Name usdoj.gov ? (U.S. Government)
> IP Address 149.101.1.# (US Dept of Justice)
> ISP US Dept of Justice
> Location Continent : North America
> Country : United States (Facts)
> State : District of Columbia
> City : Washington
> Lat/Long : 38.9097, -77.0231 (Map)
> Language English (U.S.) en-us
> Operating System Microsoft WinXP
> Browser Internet Explorer 8.0
> Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
> CLR 2.0.50727; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; InfoPath.2;
> DI60SP1001)
> Javascript version 1.3
> Monitor Resolution : 1024 x 768
> Color Depth : 32 bits
> Time of Visit Nov 17 2012 6:33:08 pm
> Last Page View Nov 17 2012 6:33:08 pm
> Visit Length 0 seconds
> Page Views 1
> Referring URL http://www.google.co...
> Search Engine google.com
> Search Words david amos bernie madoff
> Visit Entry Page http://qslspolitics....-wendy-
> Visit Exit Page http://qslspolitics....-wendy-
> Out Click
> Time Zone UTC-5:00
> Visitor's Time Nov 17 2012 12:33:08 pm
> Visit Number 29,419
>
> http://qslspolitics.blogspot.
>
>
> Could ya tell I am investigating your pension plan bigtime? Its
> because no member of the RCMP I have ever encountered has earned it yet
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 19 Nov 2012 11:36:04 -0400
> Subject: This is a brief as I can make my concerns Randy
> To: randyedmunds@gov.nl.ca
> Cc: david.raymond.amos@gmail.com
>
> In a nutshell my concerns about the actions of the Investment Industry
> affect the interests of every person in every district of every
> country not just the USA and Canada. I was offering to help you with
> Emera because my work with them and Danny Williams is well known and
> some of it is over eight years old and in the PUBLIC Record.
>
> All you have to do is stand in the Legislature and ask the MInister of
> Justice why I have been invited to sue Newfoundland by the
> Conservatives
>
>
> Obviously I am the guy the USDOJ and the SEC would not name who is the
> link to Madoff and Putnam Investments
>
> Here is why
>
> http://banking.senate.gov/
>
> Notice the transcripts and webcasts of the hearing of the US Senate
> Banking Commitee are still missing? Mr Emory should at least notice
> Eliot Spitzer and the Dates around November 20th, 2003 in the
> following file
>
> http://www.checktheevidence.
>
> http://occupywallst.org/users/
>
>
> ---------- Forwarded message ----------
> From: "Hansen, David"David.Hansen@justice.gc.ca
> Date: Thu, 1 Aug 2013 19:28:44 +0000
> Subject: RE: I just called again Mr Hansen
> To: David Amos motomaniac333@gmail.com
>
> Hello Mr. Amos,
>
> I manage the Justice Canada civil litigation section in the Atlantic
> region. We are only responsible for litigating existing civil
> litigation files in which the Attorney General of Canada is a named
> defendant or plaintiff. If you are a plaintiff or defendant in an
> existing civil litigation matter in the Atlantic region in which
> Attorney General of Canada is a named defendant or plaintiff please
> provide the court file number, the names of the parties in the action
> and your question. I am not the appropriate contact for other
> matters.
>
> Thanks
>
> David A. Hansen
> Regional Director | Directeur régional
> General Counsel |Avocat général
> Civil Litigation and Advisory | Contentieux des affaires civiles et
> services de consultation
> Department of Justice | Ministère de la Justice
> Suite 1400 – Duke Tower | Pièce 1400 – Tour Duke
> 5251 Duke Street | 5251 rue Duke
> Halifax, Nova Scotia | Halifax, Nouvelle- Écosse
> B3J 1P3
> david.hansen@justice.gc.ca
> Telephone | Téléphone (902) 426-3261 / Facsimile | Télécopieur (902)
> 426-2329
> This e-mail is confidential and may be protected by solicitor-client
> privilege. Unauthorized distribution or disclosure is prohibited. If
> you have received this e-mail in error, please notify us and delete
> this entire e-mail.
> Before printing think about the Environment
> Thinking Green, please do not print this e-mail unless necessary.
> Pensez vert, svp imprimez que si nécessaire.
>
>
---------- Original message ----------
From: Póstur FOR <postur@for.is>
Date: Sun, 4 Feb 2018 21:04:23 +0000
Subject: Re: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Sun, 4 Feb 2018 21:03:34 +0000
Subject: RE: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 4 Feb 2018 17:03:13 -0400
Subject: Before the Next Yankee election methinks folks in
Massachusetts may pay attention to my recent posting in CBC of my talk
about their Pirate Party and the Election in Iceland to the ERRE
Committee of the Canadian Parliament in October of 2016
To: press@masspirates.org, postur <postur@for.is>, smari
<smari@immi.is>, smarim <smarim@althingi.is>, smaher
<smaher@postmedia.com>, "Jacques.Poitras"<Jacques.Poitras@cbc.ca>,
oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>,
"andrew.scheer"<andrew.scheer@parl.gc.ca>, "Bill.Morneau"
<Bill.Morneau@canada.ca>, newsroom <newsroom@globeandmail.ca>,
"Dominic.Cardy"<Dominic.Cardy@gnb.ca>, David Amos
<david.raymond.amos@gmail.com>
Cc: maltpoet@gmail.com, Joseph.P.Onoroski@gmail.com,
srevilak@masspirates.org, msukin11@gmail.com, jokeefe@jamesokeefe.org,
noeseek@gmail.com
---------- Original message ----------
From: Póstur FOR <postur@for.is>
Date: Sun, 6 Nov 2016 19:30:11 +0000
Subject: Re: Re Federal Court file no T-1557-15 Methinks that the
Pirates and even your minions in the RCMP, CSIS, and their pals in CSE
FBI, NSA, DHS and INTERPOL made fun the last of "Barrett's Privateers"
for way past too long EH Mr Minister Rotten Ralpy Goodale?
To: David Amos <motomaniac333@gmail.com>
Erindi þitt hefur verið móttekið / Your request has been received
Kveðja / Best regards
Forsætisráðuneytið / Prime Minister's Office
https://archive.org/details/
FOIA For Fun and Liberation
by Massachusetts Pirate Party
Publication date 2016-06-25
Usage http://creativecommons.org/
Topics Massachusetts, Public Records, Secretary of the Commonwealth, FOIA
Language English
Maya Shaffer is a reporter for the Bay State Examiner, and someone
who's used Massachusetts public records law enough to know it inside
and out. This is a great talk, where Maya tells her stories of public
records requesters in Massachusetts. Highlights include:
The time Maya made an in-person FOIA request to NEMLEC -- the
Northeastern Massachusetts Law Enforcement Council. NEMLEC wasn't
sure how to respond to an in-person request, so they called 911.
An agency proposed a $400 fee to process a public records request.
The agency takes the $400, but never produces the records.
How the city of Boston wanted to charge $10,000 to produce emails
between the city, and the Massachusetts Municipal Association
How Massachusetts public records laws aren't "real laws", in the
sense that they're routinely violated, and the violating party is
never punished.
The level of apathy and disdain that the Secretary of the
Commonwealth has for Massachusetts public records laws.
The really neat things you can find out, if you manage to get your
public records request fulfilled.
Maya's talk was record on June 25, 2016, during PirateCon 2016.
Identifier foia-for-fun-and-liberation
Scanner Internet Archive HTML5 Uploader 1.6.3
Taped by Steve Revilak
Year 2016
http://www.baystateexaminer.
https://twitter.com/
https://masspirates.org/blog/
The Massachusetts Pirate Party was formed in May, 2010 by James
O’Keefe, Chris Reynolds and Erik Zoltan. We are active in promoting
privacy, transparent government, and innovation by reining in
copyright laws and eliminating patent laws. We ran candidates for
State Representative in 2014 and 2016 and elected our first office
holder in 2015.
Pirate Council
Captain – James O’Keefe / jokeefe@jamesokeefe.org / 617-447-0210 /
@jpokeefe / Key Id: 0xAAFF1FEC
First Officer – Noelani Kamelamela / noeseek@gmail.com / 617-901-4076
/ Key Id: 0x358758A8
Quartermaster – Joseph Onoroski / Joseph.P.Onoroski@gmail.com
PR/Media Director – Open
Activism Director – Sam Capradae / maltpoet@gmail.com
Swarmwise Director – Open
Web/Info Director – Open
Council of Arbitrators
Steve Revilak / srevilak@masspirates.org / 781-648-1083 /
@Purple_Bandanna / Key Id: 0x28C2A300
Moses Sukin / msukin11@gmail.com / 585-748-9347
Sam Capradae / maltpoet@gmail.com
Representative to the United States Pirate Party
Sam Capradae / maltpoet@gmail.com
Joseph Onoroski / Joseph.P.Onoroski@gmail.com
To contact us, please email press@masspirates.org or call/txt us at
(617) 863-6277.
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http://www.cbc.ca/news/
A year later, Trudeau will only revisit electoral reform if pushed by
other parties — something MPs don't buy
PM says proportional representation would divide MPs, be harmful to Canadians
By Elise von Scheel, CBC News Posted: Feb 01, 2018 11:53 AM ET
482 Comments
Commenting is now closed for this story.
bill chagwich
bill chagwich
YES FOLKS, I was elected to help you,but to my own interest electoral
reform will not work for me or my voter base, therefore take my
promise and kinda forget about it,
the honorable Justin Trudeau
better know as what I promise means nothing,just a election plot
bill chagwich
bill chagwich
@bill chagwich we all know what this is all about,CAMPAIGNING on the
middle class tax payers dime
Darryl McBride
Darryl McBride
@bill chagwich
Reinforcing, how can one have credibility with no ethics.
David Amos
David Amos
@bill chagwich
Friday, October 7, 2016 Friday, Oct. 7, 2016
Electoral Reform Meeting 39
The Chair:
Thank you very much.
Mr. David Amos, the floor is yours.
Mr. David Amos (As an Individual):
Mr. Chair, I ran for public office five times against your party.
That said, I ran against Mr. DeCourcey's boss right here in
Fredericton in the election for the 39th Parliament.
I was not aware of this committee meeting in Fredericton today until
I heard Mr. DeCourcey speaking on CBC this morning. I don't pretend
to know something I don't, but I'm a quick study. I thought I
had paid my dues to sit on the panel. I notified the clerks in a
timely fashion, but I received no response. At least I get another
minute and a half.
The previous speaker answered the $64,000 question: 338. I can name
every premier in the country. Governor Maggie Hassan is my governor
in New Hampshire. The people there who sit in the house get paid $100
a year plus per diem expenses. I think that's the way to run a
government. There are lots of seats in the house for a very small
state.
My understanding of this hearing is that you have to report to Mr.
Trudeau by December 1, because he said during the election that if he
were elected Prime Minister, the 42nd Parliament, which I also ran in,
would be the last first-past-the-post election. You don't have much
time, so my suggestion to the clerks today, which I published and sent
to the Prime Minister of Iceland and his Attorney General, was to do
what Iceland does. Just cut and paste their rules. They have no first
past the post. They have a pending election.
David Amos
David Amos
@David Amos
A former friend of mine, Birgitta Jónsdóttir, founded a
party there, for which there is no leader. It is the Pirate Party.
It's high in the polls right now with no leader. That's interesting. I
tweeted this. You folks said that you follow tweets, so you should
have seen what I tweeted before I came here this evening.
That said, as a Canadian, I propose something else. Number
one, my understanding of the Constitution and what I read about
law.... There was a constitutional expert named Edgar Schmidt who sued
the government. He was the man who was supposed to vet bills for Peter
MacKay to make sure they were constitutionally correct. He did not
argue the charter. He argued Mr. Diefenbaker's Bill of Rights.
In 2002 I read a document filed by a former deputy minister
of finance, Kevin Lynch, who later became Mr. Harper's clerk of the
Privy Council. Now he's on an independent board of the Chinese oil
company that bought Nexen. As deputy minister of finance, he reported
to the American Securities and Exchange Commission on behalf of the
corporation known as Canada. It is a very interesting document that I
saved and forwarded to you folks. It says that he was in a quandary
about whether the charter was in effect.
(2005)
David Amos
David Amos
@David Amos
The Chair:
Could it be in relation to a particular voting system?
Mr. David Amos:
According to Mr. Lynch, because of the failure of the Meech Lake and
Charlottetown accords, he was in a quandary as to whether the charter
was in effect. I know that the Supreme Court argues it on a daily
basis. That charter, created by Mr. Trudeau and Mr. Chrétien, his
attorney general at the time, gave me the right to run for public
office and vote as a Canadian citizen. However, in the 1990s, Mr.
Chrétien came out with a law, and because I am a permanent American
resident, I can't vote. Yet the charter says I can.
The Chair:
That's a—
Mr. David Amos:
That said, that's been argued in court. In 2000, Mr. Chrétien came out
with a law that said I couldn't vote. Right? He also took away my
social insurance number.
The Chair:
I don't know about the case—
Mr. David Amos:
No, he did.
The Chair:
But I don't know about the case.
Mr. David Amos:
I did prove, after I argued with Elections Canada's lawyers in
2004.... You might have taken away my right to vote, but you can't
stop me from running for public office, and I proved it five times.
The Chair:
Given that you're an experienced candidate—
Mr. David Amos:
Very experienced.
The Chair:
—does that experience provide you with a particular insight on the
voting systems we're looking at?
Mr. David Amos:
In Mr. Trudeau's words, he has to come up with a plan and no more
first past the post. My suggestion to you, in my contact today, is to
cut and paste Iceland's rules.
David Amos
David Amos
@David Amos
The Chair:
What kind of system does Iceland have?
Mr. David Amos:
It's just what you need, just what Mr. Trudeau is ordering now. It's
proportional elections.
The Chair:
Is it MMP, or is it just...?
Mr. David Amos:
I tweeted you the beginner's book for Iceland.
The Chair:
Okay, we'll look at Iceland.
We're just checking on the kind of system they have, but I appreciate
the input, especially from a candidate, from somebody who has run many
times.
But we do have—
Mr. David Amos:
I have two other points, because I don't think you can pull this off.
I don't think it will happen.
The Chair:
Well, I'm hoping we do.
Mr. David Amos:
Here is my suggestion. You guys are going north.
The Chair:
Yes.
Mr. David Amos:
Look how parliamentarians are elected in the Northwest
Territories. There is no party, and I like that.
The Chair:
That's true. We were just up in Yellowknife, in fact, and we learned
all about that. That's why it's good for us to be travelling the
country.
But, sir, I—
Mr. David Amos:
I have one more suggestion.
The Chair:
One more.
Mr. David Amos:
Mr. Harper changed the Canada Elections Act and I still couldn't vote.
The Chair:
Yes, I was in the House when that happened.
David Amos
David Amos
@David Amos
Mr. David Amos:
Anyway, that said, when you alter the Canada Elections Act, make it....
The biggest problem we have is, look at the vast majority of people
who, like me, have never voted in their life. Apathy rules the day.
The Chair:
Except that you've put us on to an idea about Iceland—
Mr. David Amos:
Let me finish.
I suggest that you make voting mandatory, such as Australia does. Make
it that if you don't vote, it costs you money, just like if you don't
report to Statistics Canada.
The Chair:
Well, we're talking about that. That is part of our mandate, to look
at mandatory voting and online voting.
You already had your last suggestion.
(2010)
Mr. David Amos:
Put in the line, “none of the above”, and if “none of the above” wins—
The Chair:
That's right, we've heard that, too.
Mr. David Amos:
Well, I haven't.
The Chair:
We've heard that in our testimony.
Mr. David Amos:
You and I will be talking again, trust me on that one, by way of writing.
You answered my emails, Ma'am.
The Chair:
Thank you very much, sir.
Now we'll hear from Julie Maitland.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"<Brian.Gallant@gnb.ca>
Date: Fri, 2 Feb 2018 16:02:29 +0000
Subject: RE: Yo Norman Sabourin Need I say that the no-name assistant
of your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.camedia-
>. Thank you!
******************************
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
media-medias@gnb.camedia-
---------- Original message ----------
From: "Critch, Crystal (JPS/JSP)"<Crystal.Critch@gnb.ca>
Date: Fri, 2 Feb 2018 16:02:29 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Veuillez prendre note que je serai hors du bureau jusqu'au 5 février
2018. En cas d'urgence, veuillez communiquer avec la réception au 506
453-4230.
Please note that I am out of the office until February 5, 2018. In
case of emergency, please contact reception at 506 453-4230.
thank you/merci,
Crystal Critch
---------- Original message ----------
From: "Jensen, Jan"<jan.jensen@justice.gc.ca>
Date: Fri, 2 Feb 2018 16:02:23 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
I will be out of office and will have limited email access until I
return on Monday, February 5th, 2018. If you require immediate
assistance, please contact my assistant at (902) 426 1798.
---------- Original message ----------
From: "Fitch, Leanne"<leanne.fitch@fredericton.ca>
Date: Fri, 2 Feb 2018 16:02:24 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Due to a very high volume of incoming email to this account there is
an unusual backlog of pending responses. Your query may not be
responded to in a timely fashion. If you require a formal response
please send your query in writing to my attention c/o Fredericton
Police Force, 311 Queen St, Fredericton, NB E3B 1B1 or phone (506)
460-2300.
This e-mail communication (including any or all attachments) is
intended only for the use of the person or entity to which it is
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contact the sender and delete the original and any copy of this e-mail
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Any correspondence with elected officials, employees, or other agents
of the City of Fredericton may be subject to disclosure under the
provisions of the Province of New Brunswick Right to Information and
Protection of Privacy Act.
Le présent courriel (y compris toute pièce jointe) s'adresse
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Toute correspondance entre ou avec les employés ou les élus de la
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GOV-OP-073
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Fri, 2 Feb 2018 16:02:26 +0000
Subject: Automatic reply: Yo Norman Sabourin Need I say that the
no-name assistant of your buddy Chief Justice David D. Smith just
pissed of the wrong Maritimer today?
To: David Amos <motomaniac333@gmail.com>
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
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This is the correct email address for requests for news coverage and
press releases.
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)"<fin.minfinance-financemin.
Date: Fri, 2 Feb 2018 16:02:27 +0000
Subject: RE: Yo Norman Sabourin Need I say that the no-name assistant
of your buddy Chief Justice David D. Smith just pissed of the wrong
Maritimer today?
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 2 Feb 2018 12:02:19 -0400
Subject: Yo Norman Sabourin Need I say that the no-name assistant of
your buddy Chief Jus...
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2 attachments — Scan and download all attachments
Integrity-yea-right.-txt.pdf
663K View as HTML Scan and download
Melanie Joly vs Hubby Lacroix.pdf
29K View as HTML Scan and download
| 2 attachments— Scan and download all attachments | |||
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Attn Judge David Smith |
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Thu, Jun 23, 2016 at 4:13 PM