Miramichi mayor responds to legal challenge to shelter site
'NIMBYism' always an issue for this type of facility, says Adam Lordon after businesses seek injunction
A legal challenge to the location of an out-of-the-cold shelter in Miramichi has frustrated city councillors, Mayor Adam Lordon says.
"I think most of us on council were disappointed and and frustrated to hear of that action," Lordon said Tuesday.
Council had unanimously approved a plan by the non-profit group Miramichi Housing Solutions to open a seasonal shelter on city property that used to have a fire hall, said Lordon.
Then a group of businesses filed for a court injunction to try to prevent the shelter from opening there. The case is expected to be heard Dec. 12.
Lordon described the chosen shelter site as an "industrial brownfield" on the outskirts of downtown Newcastle — an area that is not densely populated by homes or businesses.
It's "adjacent" to downtown, where homeless people currently congregate, he said.
"There is a very active and concerning presence in this area of town already," said Lordon.
"This will create safety for the homeless population. They won't be sleeping in store vestibules and store backyards. They'll have a safe place to go that's accessible for them and that will create safety as well for the rest of the community."
Lordon said he has heard from some members of the business community who support the new location, and he expected that support would be more widespread,
"From the conversations that I've had with members of the business community over the last weekend and over the last couple of years … there are many folks in the business community who are concerned for the greater good of the community and the health and wellness of these individuals," he said.
He acknowledged there were complaints from businesses about last winter's shelter, but he said that's when it was located at the Lindon Recreation Centre, which is in a busier area near the civic centre.
"This new location, I certainly felt actually spoke to their concerns and addressed their concerns. So … a bit surprised by the reaction," said Lordon.
The mayor said he hopes the city and concerned businesses can get together to discuss the situation, but he's not suggesting any change to the plan.
"We're hopeful that things will play out and and the out of the cold shelter will proceed as intended," he said.
Business community representatives said last week they felt they weren't consulted about the choice of location.
Lordon said it was selected by the operator of the would-be shelter, Miramichi Housing Solutions, formerly known as Miramichi Youth House, based on best practices.
A person who answered the phone at the group's office said its executive director would be unavailable for a few weeks, and no one else was able to speak with CBC News.
Miramichi Housing Solutions runs the only permanent shelter in Miramichi, noted Lordon. It has seven beds and is "consistently" full.
Lordon said the city asked the non-profit to notify neighbouring businesses about its plans for the out-of-the-cold shelter. He acknowledged that process did not occur as smoothly as possible.
That was regrettable, he said, but he wouldn't necessarily have made any difference to site selection.
It's difficult to get everyone to agree on any location, said the mayor.
"There certainly is an element of NIMBYism that takes place with these types of facilities," he said.
A balance needs to be struck, but lots of weight should be given to experts and best practices, said Lordon.
Other communities, including Saint John, have experimented with shelters that are farther removed from the downtown area and found costly transportation issues made it impractical, he said.
Lordon said the City of Miramichi has limited experience or resources to deal with homelessness issues.
Homeless people only became evident in the city within the last couple of years, he said.
"Ultimately, we're looking for guidance, really, and leadership from the province on exactly how to address this," said Lordon.
"This should be an area where the province is providing greater leadership in terms of the path forward, in terms of support for the mental health and addictions piece … but also in the creation of housing," he said.
With files from Information Morning Moncton
25 Comments
Methinks the milk of human kindness has always
run pretty thin from the business dudes and we can always count on
lawyers to say Bah Humbug or them N'esy Pas?
Wilbur Ross
If only we could just build more affordable
housing. But this government and this premier couldn't give a w_nk if
people are freezing in the streets. Austin says its as normal as a car
accident. Just part of life round here, no emergency to declare. Sad.
Jos Allaire
Reply to Wilbur Ross
Austin the Christian pastor, imagine that.
David Amos
Reply to Jos Allaire
Par for the course
John Scott
The other cities that have set up shelters and
outreach centers have paid a heavy price. They support people to
continue making bad choices and doesn't allow people to hit rock bottom
to realize they need to change. Good on these businesses for challenging
the shelter - and I hope they win and it's never built.
SarahRose Werner
Reply toJohn Scott
Kind of hard to change if you've already died from exposure.
David Amos
Reply to John Scott Wow
St. Stephen declares state of emergency over homelessness after man's death
Minister of Public Safety threatens to make "political" declaration void
St. Stephen has declared a state of local emergency over community homelessness following the death of a man who was found in a park over the weekend. However, Public Safety Minister Kris Austin says he will make the declaration void tomorrow unless the district can prove the situation constitutes an emergency.
"People die all the time in car accidents, and we do not declare state of emergencies for that," Austin said.
The declaration by the Municipal District of St. Stephen at an emergency council meeting Monday night cited a failure and "lack of response" by the New Brunswick government for the homelessness crisis.
The province has failed to provide adequate resources to house, support and care for its citizens in St. Stephen, the declaration says.
"The Municipal District of St. Stephen has neither the jurisdictional authority nor the financial resources to appropriately address the consequences of the Government of New Brunswick's failure," the declaration says.
St.
Stephen Mayor Allan MacEachern declared a state of emergency for the
municipal district on Monday night. The vote was unanimous. (Submitted by Allan MacEachern)
The declaration said that on Dec. 1 of this year, emergency services in the region responded to the death of a resident in a public space, which it says is "a situation which will only become more likely as winter weather conditions worsen."
Sgt. Scott MacKenzie with the St. Stephen detachment of the RCMP told CBC News that the death was actually in the early hours of Dec. 2. He said a 41-year-old male was found needing immediate medical attention in a municipal park in Milltown and later died at the Saint John Regional Hospital.
MacKenzie said RCMP will not be releasing the individual's name and the investigation is closed as there is no suspected criminality. The cause of death will be determined by the coroner's office, he said.
Mayor Allan MacEachern said the Minister of Transportation and Infrastructure has previously rejected a community-based proposal to address the situation.
The declaration from council called on several ministers in different provincial departments, ordering immediate help including funding, resources, immediate housing, transportation options and special attention on the senior citizens currently experiencing homelessness.
MacEachern said action could include making a spot in the community a safe, warm place for people experiencing homelessness, or transporting individuals to somewhere with more resources.
Austin threatens to declare state of emergency void
Kris Austin told reporters at the legislature that St. Stephen's declaration of a state of emergency was "political posturing" and not "well thought out."
"This is the myth that is out there, that they think they can just call a state of emergency and all of a sudden the problem is going to be solved," Austin said.
He said state of emergency declarations are for "extreme, rare events" and not homelessness, and that he would declare the declaration void by the end of the day Wednesday if the mayor and council are unable to prove the situation constitutes one.
WATCH | Kris Austin says St. Stephen used state of emergency 'frivolously':
Public
Safety minister Kris Austin criticized St. Stephen's declaration of a
state of emergency following the death of a man experiencing
homelessness in a public park, calling the move "political posturing."
"We've got to put aside this game of politics that was played last night and get down to the real work of how do we help people out on the streets," Austin said.
In a letter Austin sent back to MacEachern on Tuesday, obtained by CBC News, Austin wrote that he required more data that "elevates the challenge of homelessness to a 'local emergency' within the legal meaning of that term."
The letter asks MacEachern to identify how the threat of homelessness threatens the population, how it is different than any other community in the province, and what the district has already done about it.
Austin also advises the mayor to discuss "the limits of municipal government" with the town solicitor, calling the declaration "well in excess of any authority possessed by your council."
Liberal leader questions minister
Austin's comments followed a heated exchange about the situation in St. Stephen earlier in the day in the legislature.
During question period Tuesday, there was a back-and-forth on the issue between Liberal Leader Susan Holt and Minister of Social Development Jill Green.
Holt asked Green to explain what tangible actions the government was taking to help the people of St. Stephen.
In her response, Green said the province explored 20 different properties in St. Stephen for an emergency out-of-the-cold shelter, but was turned down for various reasons, "many stemming from 'not in my backyard.'"
Social
Development Minister Jill Green says the province has been unable to
find a location for an out-of-the-cold shelter in St. Stephen due to
various reasons "many stemming from 'not in my backyard.'" (Jacques Poitras/CBC)
She said it's important to "be supportive of individuals that are experiencing homelessness," and to do that, "we need the community to collaborate with us. And I think we can see last night that they're not feeling very collaborative."
Holt said she was "stunned that the minister has just gotten up and blamed the people of St. Stephen ... saying that they're not taking the problem seriously."
The Liberal leader repeated her original question, to which Green said there is a plan for St. Stephen, and a trailer ready to go but they need somewhere to put it.
WATCH: Jill Green defends government's attempts to find shelter location:
A man experiencing homelessness died in a St. Stephen park, prompting the district to declare a state of emergency.
Green also said she gave the St. Stephen mayor her personal cellphone number but she hasn't heard from him in a week.
Holt responded: "I'm going to change topics because I don't want to hear another person in St. Stephen get thrown under the bus for this."
CBC News requested comment from the Department of Transportation and Infrastructure and the Department of Social Development, but did not get a response before publication.
70 to 100 experiencing homelessness: mayor
MacEachern told Information Morning Saint John on Tuesday that after a meeting last Wednesday, staff started looking into whether this would qualify as a state of emergency under provincial regulations.
He said there are between 70 and 100 people experiencing homelessness in St. Stephen, and while there is a temporary warming shelter in the park with a heater, MacEachern said around 30 people are rotating in and out of the 10-by-10 shelter to try to keep warm.
The motion at Monday night's meeting passed unanimously by council.
MacEachern says around 30 people rotate in and out of a 10-by-10 temporary shelter in the park to try and keep warm. (Holly Johnson/Facebook)
After the vote, MacEachern said it was a decision that was not taken lightly.
"We're doing the right thing. They're human beings and we've gotta take care of them," he said at the meeting.
Holly Johnson, a resident of St. Stephen, said she got around a two minute heads up about what was going to happen at council and immediately went to watch the livestream.
"My jaw just dropped," she said.
Holly Johnson, a resident of St. Stephen, says she's proud of the municipal council for declaring the state of emergency. (Submitted by Holly Johnson)
"They really did catch us by surprise by calling for this, but we're just so incredibly proud of them and just blown away by what this means."
Johnson has spearheaded efforts in the past to get a senior who was sleeping in an alley into an apartment and to establish a food bank in St. Andrews.
She said while she wants to know more about what this decision will mean for provincial action, as a community, "it makes us feel that we actually truly do care about these people that are living rough in the community."
MacEachern said recognizing a state of emergency in St. Stephen doesn't take away from other regions where it may be a similar situation.
"I'm not denying that it's an emergency in Saint John or Moncton either. It's just someone had to step up. And I guess, I guess we're it," said MacEachern.
"Maybe we'll start something, I don't know. But I got a job to look after our community, and then we'll see where it goes from here."
ABOUT THE AUTHOR
With files from Information Morning Saint John, Jennifer Sweet, Jacques Poitras, and Sam Farley
65 Comments
David Amos
Well put
David Amos
Reply to Jos Allaire Mahatma Gandhi was a political lawyer
Doug kirby
Austin certainly has changed his tune...he's attached to the hip of a non caring premier
David Amos
Reply to Doug kirbyThe pastor made a deal with the devil
Rosco holt
Some homeless are working but not winning enough to afford bare necessities.
David Amos
Reply to Rosco holt Oh my my
Yves Savoie
Build more toys and the taxes go up,then rents
go up.After everyone cries their rent going up......go figure! For the
ones crying, buy a property and see how renting for peanuts works
out......ie taxes and then your mortgage rates go up. Let see how that
works out.
Rosco holt
Reply to Yves Savoie
The government has 30 mill $ for housing and
only used 4 mill$. These people need help. Careful you don't know what
the future hold, you may face homelessness.
Yves Savoie
Reply to Rosco holt
My point is towns build overpriced toys( rinks,
centers etc) and won't spend on usefull things. But there's a limit to
what people can pay on property taxes etc. Stop spending to flash ....
David Amos
Reply to Rosco holt
I was homeless or 13 years and all I got for help from Higgy et al was butter tarts
David Amos
Reply to Rosco holt Austin knows I faced homelessness for many years
David Webb
Ms. Holt, why is there a housing shortage and exorbitant rental cost across the entire country. Most Canadians know, do you?
SarahRose Werner
Reply to David Webb
You're right - we absolutely need to put a lid on AirBnB!
David Webb
Reply to SarahRose Werner
AirBnB's are a symptom, but not the cause.
Jos Allaire
Reply to David Webb
It not only a Canadian problem, it's almost worldwide.
David Amos
Reply to Jos Allaire True
danny rugg
Kris Austin calls the declaration "political
posturing". Dead people aren't great at posture Kris. And I doubt they
care about whether or which political party helps them at this point.
Jimmy Cochrane
Reply to danny rugg
Austin is a turncoat looking for a pension.
David Amos
Reply to danny rugg I concur
David Amos
Reply to Jimmy Cochrane Unless he manages to be elected under Higgy's
banner there will be no pension for him because he did not serve long
enough, The way he tried to destroy his old party spoke volumes about
trusting him. Helping Higgy merge Minto and Chipman did not help Austin
nurture a new fan club.
Mayor MacEachern should check his email then say Hey to the current Justice Minister for me
David Amos<david.raymond.amos333@gmail.com> | Tue, Dec 5, 2023 at 11:30 PM |
| To: mayor@chocolatetown.ca | |
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 16 Aug 2023 14:38:29 -0300
Subject: Deja Vu Anyone?
To: "martin.gaudet"<martin.gaudet@fredericton.ca>
cityclerk@fredericton.ca, "kris.austin"<kris.austin@gnb.ca>,
michelle.dickinson@
mayor.doucet@hampton.ca, nipun.tiwari@cbc.ca, "kathy.bockus"
<kathy.bockus@gnb.ca>, perry.brad@radioabl.ca
Cc: motomaniac333 <motomaniac333@gmail.com>,
victor.boudreau@shediac.ca,
vanessa.hachebreau@
janice.conley@threeriversnb.ca
julie.jacob@caraquet.ca, jeff.silliphant@gmail.com,
cao@fundyalbert.ca, canterbury@nb.aibn.com,
jeanmccumber@fundystmartins.ca
cao@centralyork.ca, wanda.st-laurent@bellebaie.ca,
jeff.renaud@chocolatetown.ca, robert.white@arcadianb.ca,
erin.sweet@butternutvalley.ca
https://davidraymondamos3.
Tuesday, 15 August 2023
Software outage prompts cancellation of Fredericton city council meeting
https://www.cbc.ca/news/
Software outage prompts cancellation of Fredericton city council meeting
City relies on eScribe software to provide legally required
simultaneous English-French translation
Aidan Cox · CBC News · Posted: Aug 15, 2023 6:00 AM ADT
. A software outage prompted Fredericton city councillors to
postpone their regular council meeting on Monday night. (City of
Fredericton)
Calamitous weather and natural disaster have typically given reason to
cancel a Fredericton city council meeting.
But on Monday, city councillors voted to call off their regular
meeting because of an outage of the software that facilitates the
provision of simultaneous translation in French or English.
"It was very disappointing," Mayor Kate Rogers said immediately after
councillors voted to postpone the meeting until next Monday evening.
Rogers said the city uses software by a company called eScribe to live
stream its meetings online, and to allow interpreters to listen to the
meeting and translate what's being said, typically from English to
French.
Documents relevant to the meeting agenda are also uploaded online
through the software, which can then be accessed by councillors and
the public.
However, the software stopped working at about 6:30 p.m. with no clear
timeline for when it would be up again, Rogers said.
"We had figured out how we could do the meeting with [physical]
documents, but we still couldn't reconcile how we could get the
meeting, you know, through the feed and and out into the public."
A woman wears a blue jacket while standing in the Fredericton city
council chambers. Fredericton Mayor Kate Rogers says the translation
service is necessary to serve the city's French-speaking residents and
to meet requirements of the Official Languages Act. (Aidan Cox/CBC)
Rogers said the meeting would have still been available to viewers
through cable television, but the online live feed would have been
unavailable, and the city would have violated its Official Languages
Act requirement to provide simultaneous translation in French.
"So it is a requirement that we do it, and again, we're also very
committed to doing it because of the number of francophone residents
that we have in Fredericton."
CBC News emailed eScribe on Monday night requesting an interview about
what happened to its software but did not receive a response before
deadline.
A unique reason to cancel meeting
The City of Fredericton has been using eScribe's software for its live
feed of the meeting and providing simultaneous translation since 2013,
said Amy Cronkhite, the city's assistant clerk.
A woman wearing a pink blazer while standing in Fredericton council
chambers. Assistant city clerk Amy Cronkhite says council meetings
have had to be cancelled in the past because of flooding and a
snowstorm. (Aidan Cox/CBC)
And while it's the first time the technology's failure has prompted
the cancellation of a meeting, other circumstances have forced the
postponement of meetings.
"Once we had 80 centimetres [of snow] and they shut it down," Cronkhite said.
"And we had a flood where you couldn't get into city hall."
ABOUT THE AUTHOR
Aidan Cox
Journalist
Aidan Cox is a journalist for the CBC based in Fredericton. He can be
reached at aidan.cox@cbc.ca and followed on Twitter @Aidan4jrn.
CBC's Journalistic Standards and Practices
5 Comments
David Amos
The Fredericton Police acting as Aides-de-Camp for the Crown know that
I am illegally barred in only 1 official language
David Amos
"the city would have violated its Official Languages Act requirement
to provide simultaneous translation in French."
Does this hold true for all the Towns etc?
Mathieu Laperriere
Reply to David Amos
No
G. Timothy Walton
Reply to David Amos
Just those with 20% official language minorities.
David Amos
Reply to G. Timothy Walton
What about up north?
David Amos
Content Deactivated
This is newsworthy?
https://davidraymondamos3.
Wednesday, 16 August 2023
Hampton honoured for helping seniors get the most out of town life
https://www.cbc.ca/news/
Hampton honoured for helping seniors get the most out of town life
Hampton Mayor Robert Doucet says being connected to events and
services keeps seniors from feeling isolated
Nipun Tiwari · CBC News · Posted: Aug 15, 2023 6:10 PM ADT
Older woman shoulders up wearing a light colored patterned top,
glasses with short white hair. Green grass and brown building in
background.
Lois Moore has lived in Hampton since 1978 and says that having access
to businesses and public services and spaces are key to making
communities more welcoming to seniors. (Roger Cosman/ CBC News)
From beautifully maintained parks to resource centres that connect
people to needed services, Hampton has made strides in engaging
seniors in community life, says Lois Moore, who has lived in the
southern New Brunswick town for more than 30 years.
To Moore, making a community more welcoming to seniors simply comes
down to ease, accessibility and communication — to keep seniors from
feeling isolated.
"Making access for physical activity, which are our trails, easy
access to businesses, places to sit when people are walking on the
trails … making them aware of what's going on in the community," Moore
said as she described why Hampton deserved the honour it received
Tuesday.
Hampton, about 30 kilometres northeast of Saint John, is the latest
place to be recognized by the New Brunswick Age-Friendly Community
Recognition Program.
The program honours communities, from cities as large as Fredericton
to villages like New Maryland, based on a set of milestones that
include establishing assessing the senior community's needs and
creating an action plan.
Woman picture from shoulders up wearing blue blazer with short grey
hair. Kathy Bockus, minister responsible for seniors, says that
accessibility is key to making seniors feel like they are a part of
their communities. (Roger Cosman / CBC News)
Dorothy MacDonald, who also lives in Hampton, agreed with Moore that
the town of about 4,400 helps seniors connect with what they need.
"Because they have to find out things on their own," she said.
"Sometimes when you're at a certain age and you've got to do that,
it's just too much work. Whereas this way they have it and then their
friends find out about it and they get them involved."
Hampton is the 13th community to get a certificate for being "age
friendly" since the program began in 2017, and it's the first to be
recognized since 2020.
Kathy Bockus, the minister responsible for seniors, said it's
important for residents to feel like they're part of the community,
and accessibility is part and parcel of that. To Bockus, the award to
the town reflects that commitment.
"It's meaningful for the residents here and for the community," Bockus
said. "It shows that they have empathy with their seniors. They want
their community to be welcoming and accessible for seniors and they
want seniors to enjoy living here."
Present wins and future goals
Hampton Mayor Robert Doucet said that when seniors don't have any
connection to events and services in their community, it can lead to a
sense of isolation.
"They're living alone and they don't have any connection to
organizations or events going on."
Older man pictured from shoulders up wearing a navy blue blazer over
a black button shirt with grey beard and grey hair.Hampton Mayor
Robert Doucet says that seniors can feel isolated when they don't have
any connection to events and services within their communities. (Roger
Cosman / CBC News)
Doucet sees the award as victory because it's a sign his town has
taken steps to be a place seniors enjoy living in — results of which
are all around him.
"I see the involvement of seniors in the events they go to, in the
exercise programs, and the social aspects of things," he said.
"They are now realizing 'Gee, I got something else I can go to so I
can meet some people, and we can become friends or we go to tea and
coffee or just go to the exercise programs."
Older woman pictured shoulders up with glasses and short grey hair
with green grass and brown building in background. Dorothy
MacDonald has lived in Hampton since 1990 and says that one area that
she hopes to see improvement is transportation to bigger communities,
such as Saint John and Quispamsis. (Roger Cosman / CBC News)
MacDonald said seniors who live in small towns like Hampton may not
want to live in cities, but they do want access to them, so it's good
to have all the information making that possible. They could also use
a way to make the trip in.
MacDonald is happy with the access to services she has within the town
but still thinks there is progress to be made in other areas,
particularly transportation.
"We do lack that a bit — people still like to go into Saint John or
Quispamsis and they don't have that access. So I think to me that's
one of the biggest hurdles we're facing right now."
ABOUT THE AUTHOR
Nipun Tiwari
Reporter
Nipun Tiwari is a reporter assigned to community engagement and based
in Saint John, New Brunswick. He can be reached at
nipun.tiwari@cbc.ca.
CBC's Journalistic Standards and Practices
0 comments
David Amos
Content Deactivated
Oh My My
David Amos
Content Deactivated
I trust that the Mayor and minister responsible for seniors know why
one old man avoids going to Hampton
https://www.country94.ca/2021/
Robert Doucet Takes Next Step As Hampton’s Mayor
Saint John, NB, Canada / Country 94
Brad Perry
May 26, 2021 | 5:07 PM
Robert Doucet Takes Next Step As Hampton's Mayor
Robert "Dewey" Doucet. (Image: Town of Hampton)
A promotion of sorts for the new municipal leader in the town of Hampton.
Robert Doucet is the new mayor-elect after 13 years on council,
including seven as deputy mayor.
Doucet, whose nickname is Dewey, said running for mayor was something
he had planned on doing after a couple of terms on council
“Just to take the next level up for a while and see how it goes and
work with the team to get what we want and need in Hampton,” said
Doucet, who was elected by acclamation.
Doucet said his number one priority for the upcoming term is the new
regional facility, which is something they have been working on for
several years.
“Meeting with the provincial government on that to see if we can get
it across the finish line,” he said.
The mayor-elect said he also wants to focus on policing issues in the
town, such as speeding.
He wants to sit down with the RCMP and develop a plan to focus on
problem areas in the town.
Doucet will have a mix of old and new faces around the council table
to help him out over the coming years.
Incumbent Todd Beach and former mayor Ken Chorley will be joined by
Jeremy Salgado and Kim Tompkins.
“It’s nice to have that experienced councillors there and someone like
Ken,” said Doucet. “He’s been a wonderful teacher for us and basically
I’ve learned a lot from him and it’s nice to know that if I need him,
I can draw from him.”
Brad Perry
Regional News Director
Follow | Contact
Regional news director for Acadia Broadcasting's New Brunswick radio
stations. A self-described weather geek who wakes up way before the
sun to keep you informed.
>>>
>>> ---------- Original message ----------
>>> Date: Thu, 24 May 2007 19:01:11 -0700 (PDT)
>>> From: "David Amos"motomaniac_02186@yahoo.com
>>> Subject: Now everybody and his dog knows TJ Burke and his cop buddies
>>> allegations against me are false and you had the proof all along EH
>>> Chucky?
>>> To: oldmaison@yahoo.com, nbombud@gnb.ca, dan.bussieres@gnb.ca,
>>> jacques_poitras@cbc.ca, news@dailygleaner.com,
>>> kcarmichael@bloomberg.net, advocacycollective@yahoo.com,
>>> Easter.W@parl.gc.ca, Comartin.J@parl.gc.ca, cityadmin@fredericton.ca,
>>> info@gg.ca, bmosher@mosherchedore.ca, rchedore@mosherchedore.ca,
>>> police@fredericton.ca, chebert@thestar.ca, Stoffer.P@parl.gc.ca,
>>> Stronach.B@parl.gc.ca, Matthews.B@parl.gc.ca, alltrue@nl.rogers.com,
>>> Harper.S@parl.gc.ca, Layton.J@parl.gc.ca, Dryden.K@parl.gc.ca,
>>> Duceppe.G@parl.gc.ca
>>> CC: dgleg@nb.aibn.com, brad.woodside@fredericton.ca,
>>> whalen@fredericton.ca, david.kelly@fredericton.ca,
>>> cathy.maclaggan@fredericton.ca
>>> tom.jellinek@fredericton.ca, scott.mcconaghy@fredericton.ca
>>> marilyn.kerton@fredericton.ca, walter.brown@fredericton.ca,
>>> norah.davidson@fredericton.ca, mike.obrien@fredericton.ca,
>>> bruce.grandy@fredericton.ca, dan.keenan@fredericton.ca,
>>> jeff.mockler@gnb.ca, mrichard@lawsociety-barreau.
>>> cynthia.merlini@dfait-maeci.
>>> scotta@parl.gc.ca, michael.bray@gnb.ca, jack.e.mackay@gnb.ca
>>> http://www.cbc.ca/canada/new-
>>>
>>> http://www.canadaeast.com/ce2/
>>>
>>> http://oldmaison.blogspot.com/
>>>
>>> http://oldmaison.blogspot.com/
>>>
>>> http://oldmaison.blogspot.com/
>>>
>>> http://maritimes.indymedia.
>>>
>>> Methinks your liberal pals just made a major faux pas N'est Pas?
>>> Scroll down Frenchie and go down?.
>>>
>>>
>>> Threat against Burke taken seriously
>>>
>>> By STEPHEN LLEWELLYN
>>> dgleg@nb.aibn.com
>>> Published Thursday May 24th, 2007
>>> Appeared on page A1
>>> An RCMP security detail has been guarding Justice Minister and
>>> Attorney General T.J. Burke because of threats made against him
>>> recently.
>>>
>>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't
>>> explain the nature of the threats.
>>>
>>> "I have had a particular individual or individuals who have made
>>> specific overtures about causing harm towards me," he told reporters
>>> Wednesday.
>>>
>>> "The RCMP has provided security to me recently by accompanying me to a
>>> couple of public functions where the individual is known to reside or
>>> have family members in the area," said Burke. "It is nice to have some
>>> added protection and that added comfort."
>>>
>>> The RCMP provides protection to the premier and MLAs with its VIP
>>> security
>>> unit.
>>>
>>> Burke didn't say when the threat was made but it's believed to have
>>> been in recent weeks.
>>>
>>> "When a threat is posed to you and it is a credible threat, you have
>>> to be cautious about where you go and who you are around," he said.
>>> "But again, I am more concerned about my family as opposed to my own
>>> personal safety."
>>>
>>> Burke said he doesn't feel any differently and he has not changed his
>>> pattern of activity.
>>>
>>> "It doesn't bother me one bit," he said. "It makes my wife feel awful
>>> nervous."
>>>
>>> Burke served in an elite American military unit before becoming a
>>> lawyer and going into politics in New Brunswick.
>>>
>>> "(I) have taken my own precautions and what I have to do to ensure my
>>> family's safety," he said. "I am a very cautious person in general due
>>> to my background and training.
>>>
>>> "I am comfortable with defending myself or my family if it ever had to
>>> happen."
>>>
>>> Burke said it is not uncommon for politicians to have security concerns.
>>>
>>> "We do live unfortunately in an age and in a society now where threats
>>> have to be taken pretty seriously," he said.
>>>
>>> Since the terrorism attacks in the United States on Sept. 11, 2001,
>>> security in New Brunswick has been
>>> beefed up.
>>>
>>> Metal detectors were recently installed in the legislature and all
>>> visitors are screened.
>>>
>>> The position of attorney general is often referred to as the
>>> province's "top cop."
>>>
>>> Burke said sometimes people do not differentiate between his role as
>>> the manager of the justice system and the individual who actually
>>> prosecutes them.
>>>
>>> "With the job sometimes comes threats," he said. "I have had numerous
>>> threats since Day 1 in office."
>>>
>>> Burke said he hopes his First Nations heritage has nothing to do with
>>> it.
>>>
>>> "I think it is more of an issue where people get fixated on a matter
>>> and they believe you are personally responsible for assigning them
>>> their punishment or their sanction," he said.
>>>
>>> Is the threat from someone who was recently incarcerated?
>>>
>>> "I probably shouldn't answer that," he replied.
>>>
>>> Reporters asked when the threat would be over.
>>>
>>> "I don't think a threat ever passes once it has been made," said
>>> Burke. "You have to consider the credibility of the source."
>>>
>>> Bruce Fitch, former justice minister in the Conservative government,
>>> said "every now and again there would be e-mails that were not
>>> complimentary."
>>>
>>> "I did have a meeting with the RCMP who are in charge of the security
>>> of the MLAs and ministers," said Fitch.
>>>
>>> "They look at each and every situation."
>>>
>>> Fitch said he never had bodyguards assigned to him although former
>>> premier Bernard Lord and former health minister Elvy Robichaud did
>>> have extra security staff assigned on occasion.
>>>
>>> He said if any MLA felt threatened, he or she would discuss it with the
>>> RCMP.
>>>
>>>
>>> http://www.archive.org/
>>>
>>> Small World EH Chucky Leblanc?
>>>
>>> "Lafleur, Lou"lou.lafleur@fredericton.ca wrote:
>>>
>>> From: "Lafleur, Lou"lou.lafleur@fredericton.ca
>>> To: "'motomaniac_02186@yahoo.com'"motomaniac_02186@yahoo.com,
>>> "Lafleur, Lou"lou.lafleur@fredericton.ca
>>> Subject: Fredericton Police Force
>>> Date: Mon, 11 Jun 2007 15:21:13 -0300
>>>
>>> Dear Mr. Amos
>>>
>>> My Name is Lou LaFleur and I am a Detective with the Fredericton
>>> Police Major Crime Unit. I would like to talk to you regarding files
>>> that I am investigating and that you are alleged to have involvement
>>> in.
>>>
>>> Please call me at your earliest convenience and leave a message and a
>>> phone number on my secure and confidential line if I am not in my
>>> office.
>>>
>>> yours truly,
>>> Cpl. Lou LaFleur
>>> Fredericton Police Force
>>> 311 Queen St.
>>> Fredericton, NB
>>> 506-460-2332
>>> ______________________________
>>> This electronic mail, including any attachments, is confidential and
>>> is for the sole use of the intended recipient and may be privileged.
>>> Any unauthorized distribution, copying, disclosure or review is
>>> prohibited. Neither communication over the Internet nor disclosure to
>>> anyone other than the intended recipient constitutes waiver of
>>> privilege. If you are not the intended recipient, please immediately
>>> notify the sender and then delete this communication and any
>>> attachments from your computer system and records without saving or
>>> forwarding it. Thank you.
>>>
>>>
>>>
>>>> ---------- Original message ----------
>>>> From: David Amos <motomaniac333@gmail.com>
>>>> Date: Wed, 26 Jun 2019 16:15:59 -0400
>>>> Subject: Hey Ralph Goodale perhaps you and the RCMP should call the
>>>> Yankees Governor Charlie Baker, his lawyer Bob Ross, Rachael Rollins
>>>> and this cop Robert Ridge (857 259 9083) ASAP EH Mr Primme Minister
>>>> Trudeau the Younger and Donald Trump Jr?
>>>> To: pm@pm.gc.ca, Katie.Telford@pmo-cpm.gc.ca,
>>>> Ian.Shugart@pco-bcp.gc.ca, djtjr@trumporg.com,
>>>> Donald.J.Trump@donaldtrump.com
>>>> Frank.McKenna@td.com, barbara.massey@rcmp-grc.gc.ca,
>>>> Douglas.Johnson@rcmp-grc.gc.ca
>>>> washington.field@ic.fbi.gov, Brenda.Lucki@rcmp-grc.gc.ca,
>>>> gov.press@state.ma.us, bob.ross@state.ma.us, jfurey@nbpower.com,
>>>> jfetzer@d.umn.edu, Newsroom@globeandmail.com, sfine@globeandmail.com,
>>>> .Poitras@cbc.ca, steve.murphy@ctv.ca, David.Akin@globalnews.ca,
>>>> Dale.Morgan@rcmp-grc.gc.ca, news@kingscorecord.com,
>>>> news@dailygleaner.com, oldmaison@yahoo.com, jbosnitch@gmail.com,
>>>> andre@jafaust.com>
>>>> Cc: david.raymond.amos333@gmail.
>>>> wharrison@nbpower.com, David.Lametti@parl.gc.ca, mcu@justice.gc.ca,
>>>> Jody.Wilson-Raybould@parl.gc.
>>>>
>>>>>
>>>>> ---------- Forwarded message ----------
>>>>> From: "Murray, Charles (Ombud)"<Charles.Murray@gnb.ca>
>>>>> Date: Wed, 20 Mar 2019 18:16:15 +0000
>>>>> Subject: You wished to speak with me
>>>>> To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
>>>>>
>>>>> I have the advantage, sir, of having read many of your emails over the
>>>>> years.
>>>>>
>>>>>
>>>>> As such, I do not think a phone conversation between us, and
>>>>> specifically one which you might mistakenly assume was in response to
>>>>> your threat of legal action against me, is likely to prove a
>>>>> productive use of either of our time.
>>>>>
>>>>>
>>>>> If there is some specific matter about which you wish to communicate
>>>>> with me, feel free to email me with the full details and it will be
>>>>> given due consideration.
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>> Charles Murray
>>>>>
>>>>> Ombud NB
>>>>>
>>>>> Acting Integrity Commissioner
>>>>>
>>>>>
>>>>>> From: Justice Website <JUSTWEB@novascotia.ca>
>>>>>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>>>>>> Subject: Emails to Department of Justice and Province of Nova Scotia
>>>>>> To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
>>>>>>
>>>>>> Mr. Amos,
>>>>>> We acknowledge receipt of your recent emails to the Deputy Minister
>>>>>> of
>>>>>> Justice and lawyers within the Legal Services Division of the
>>>>>> Department of Justice respecting a possible claim against the
>>>>>> Province
>>>>>> of Nova Scotia. Service of any documents respecting a legal claim
>>>>>> against the Province of Nova Scotia may be served on the Attorney
>>>>>> General at 1690 Hollis Street, Halifax, NS. Please note that we will
>>>>>> not be responding to further emails on this matter.
>>>>>>
>>>>>> Department of Justice
>>>>>>
>>>>>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>>>>>
>>>>>>> If want something very serious to download and laugh at as well
>>>>>>> Please
>>>>>>> Enjoy and share real wiretap tapes of the mob
>>>>>>>
>>>>>>> http://thedavidamosrant.
>>>>>>> ilian.html
>>>>>>>
>>>>>>>> http://www.cbc.ca/news/world/
>>>>>>>>
>>>>>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>>>>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>>>>>>
>>>>>>>> http://www.youtube.com/watch?
>>>>>>>>
>>>>>>>> What the hell does the media think my Yankee lawyer served upon the
>>>>>>>> USDOJ right after I ran for and seat in the 39th Parliament
>>>>>>>> baseball
>>>>>>>> cards?
>>>>>>>>
>>>>>>>> http://archive.org/details/
>>>>>>>> 6
>>>>>>>>
>>>>>>>> http://davidamos.blogspot.ca/
>>>>>>>>
>>>>>>>> http://www.archive.org/
>>>>>>>>
>>>>>>>> http://archive.org/details/
>>>>>>>>
>>>>>>>> FEDERAL EXPRES February 7, 2006
>>>>>>>> Senator Arlen Specter
>>>>>>>> United States Senate
>>>>>>>> Committee on the Judiciary
>>>>>>>> 224 Dirksen Senate Office Building
>>>>>>>> Washington, DC 20510
>>>>>>>>
>>>>>>>> Dear Mr. Specter:
>>>>>>>>
>>>>>>>> I have been asked to forward the enclosed tapes to you from a man
>>>>>>>> named, David Amos, a Canadian citizen, in connection with the
>>>>>>>> matters
>>>>>>>> raised in the attached letter.
>>>>>>>>
>>>>>>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>>>>>>> tapes.
>>>>>>>>
>>>>>>>> I believe Mr. Amos has been in contact with you about this
>>>>>>>> previously.
>>>>>>>>
>>>>>>>> Very truly yours,
>>>>>>>> Barry A. Bachrach
>>>>>>>> Direct telephone: (508) 926-3403
>>>>>>>> Direct facsimile: (508) 929-3003
>>>>>>>> Email: bbachrach@bowditch.com
>>>>>>>>
>>>>>>>
>>>>>>
>>>>>>> ---------- 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 ----------
>>>>>>
>>>>>> 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
>>>>>>
>>>>>>
>>>>
On 8/16/23, David Amos <david.raymond.amos333@gmail.
> https://davidraymondamos3.
>
> Tuesday, 15 August 2023
>
> City of St. John's rejects owner's pleas to tear down burnt-out house.
> Now she says she's stuck
>
> https://www.cbc.ca/news/
>
> City of St. John's rejects owner's pleas to tear down burnt-out house.
> Now she says she's stuck
>
> 'What's crushing me is I'm one small business lady in their town — who
> cares if I'm OK in the end?'
>
> Ariana Kelland · CBC News · Posted: Aug 15, 2023 5:30 AM ADT
>
>
> A woman wearing a black dress and red lipstick stands in a vacant
> living room. There is marker on the walls and a hole in the drywall.
> Few items remain in Tiffany Elton's former home on Summer Street, as
> she sells all she can to keep herself afloat. (Ariana Kelland/CBC)
>
> A burning smell lingers inside Tiffany Elton's former home. Holes cut
> throughout the drywall reveal charred wood, releasing a scent Elton
> knew was there all along.
>
> "I don't need a puffer anymore," she said, explaining her breathing
> has improved since moving out. It's a bright spot in an otherwise
> dreary situation.
>
> "I live in my mother's basement. And then also I run a business, so I
> do a lot of production from home as well. So it's been a little bit
> difficult there and she wants her TV room back at some point."
>
> Elton is stuck with her 776-square-foot home in central St. John's.
> She can't live in it, she can't sell it for someone to occupy, and
> without an affordable builder and money for a costly teardown, she has
> few options.
>
> "It hurts to see your house like this. Like all the kitchen cabinets,
> I sold them. They're gone. I've been taking the doors off, just
> getting all the stuff out and selling what I can, piece by piece,
> whatever I can sell," she said.
>
> Read the original CBC Investigates report here: When a house isn't a
> home
>
> Elton purchased the home on Summer Street in July 2020 for $168,000.
> The following spring, she discovered an opening at the front of her
> house which led her down a frustrating fact-finding mission that still
> hasn't concluded.
>
> A CBC News investigation in January 2022 revealed Elton's home was
> originally a double-car garage that had been in a fire and rebuilt as
> a home by covering up the charred walls with new drywall.
>
> The property was sold as a home years before, despite the city having
> never inspected the property following its conversion. It had
> exchanged hands multiple times since the 1980s, and the city had been
> collecting property tax on what it considered to be a residential
> property.
>
> Soot lays on pink insulation in an attic that is encased in blackened
> wood. There is a rusty metal casing where a light once was. A
> metal casing still hangs inside Tiffany Elton's attic signaling that
> the property was once a commercial garage. (Paul Pickett/CBC)
>
> After Elton alerted the city to the problem, she was handed a long
> list of fine notices. The property doesn't have an occupancy
> certificate and now cannot be lived in.
>
> "I need it torn down. I think the city should have to tear it down
> because they're the ones who got me in this mess," Elton said.
>
> In 1986, the owners applied to have the garage converted into a home,
> and the city council of the day approved the conversion.
>
> However, there is no record on file that indicates the city ever
> received a permit application to do that work or inspected the
> property after its conversion to a residence.
>
> The city does not have a record of the fire at the property, although
> it is evident that there was one. The only permit application made to
> the city was for window and siding replacement in 2006.
>
> As the city never received an application for a permit to work on the
> property, there is no record of an inspection ever being done or an
> occupancy permit being issued.
> WATCH | In the original CBC Investigates report, Tiffany Elton
> describes her shock at discovering her new home's true history:
>
> St. John's woman discovers she bought a garage — not a house
> Duration 6:29
> Tiffany Elton is saddled with a house that is inhabitable after
> learning it was in a fire prior to her puchasing it.
>
> In January, Elton's lawyer Joe Thorne wrote the city a letter urging
> them to demolish the property for her.
>
> "While many of these problems can be laid at the feet of others, the
> city bears some responsibility as well," Thorne wrote.
>
> "The cost of the demolition work is a significant burden to Ms. Elton
> but would be very little to the city."
> Request denied
>
> The city denied the request and said it didn't fall under the criteria
> it sets out for demolition, including when a property is condemned or
> becomes a public nuisance.
>
> "Further, the city denies any negligence or negligent
> misrepresentation on its part. As previously set out, no permits were
> ever sought or issued for any work at 11 Summer St. with the exception
> of windows in or about 2006," a city lawyer wrote in a letter to
> Elton's lawyer.
>
> "The city had no knowledge that the extensive changes were actually
> made to the property. All compliance letters state that a request
> does not result in an inspection of the property. While your client is
> able to pursue any claim she chooses, the city will strongly resist
> any claim in this matter."
>
> The City of St. John's declined to comment on the matter.
>
> A woman wearing a black dress has her hand land on a for sale sign
> outside a beige home. Tiffany Elton stands outside her former home on
> Summer Street. The property is for sale, but whoever buys it next can
> only tear it down. (Ariana Kelland/CBC)
>
> "My city has been dragging me through [this] for three years and, I
> feel like, treating me like I am at fault when I did not do this, and
> it feels nefarious. It feels like they're sticking me with this when
> it was their mistakes," Elton said.
>
> "And what's crushing me is I'm one little small business lady in their
> town — who cares if I'm OK in the end? It's their money that they're
> protecting, and I think it's the principle of the matter to them. It
> would be admitting fault in a way to help me out of this."
>
> The cost to tear down 11 Summer St. is around $20,000.
>
> Leaving the property opens Elton up to the potential of liability —
> her home insurance dropped her because it's not actually a home.
>
> "It's still my responsibility. I'm still paying property taxes on it
> as well, so as long as it's standing, it's a worry for me and a
> stressor for me."
>
> Thorne was, however, able to advocate for Elton to settle with title
> insurance to discharge the mortgage, reversing a previous decision.
> Court too costly
>
> Elton explored the option of bringing the former owner and others to court.
>
> She has found a duct for a propane stove cut through the burnt wood in
> the living room, suggesting the person who installed it knew the
> property had been in a fire. However, she's been advised taking the
> matter to court would be extremely costly.
>
> "And in going to court, you have to bring everybody to court who were
> a part of it," she added.
>
> In an email to questions from CBC News last year, the previous owner
> stated they were not aware of any issues with the home in the 10 years
> they owned the property.
>
> A metal duct sticks through drywall and burnt wood. After being
> contacted by a previous tenant of the property, Tiffany Elton found a
> propane stove had been installed in the living room. Whoever installed
> it would have had to cut through the burnt wood to do so. (Ariana
> Kelland/CBC)
>
> Now 42, Elton has drained whatever savings she had and has no house to
> call her own. She is now trying to sell the property as is, for
> someone to tear down.
>
> "It's your biggest purchase and there's no way out. There's no way
> out," Elton warned.
>
> "Nobody has that much money in savings to take it to court to find a
> solution. So whatever you buy, you're stuck with it."
>
> Read more from CBC Newfoundland and Labrador
> ABOUT THE AUTHOR
>
> Ariana Kelland
>
> Investigative reporter
>
> Ariana Kelland is a reporter with the CBC Newfoundland and Labrador
> bureau in St. John's. She is working as a member of CBC's Atlantic
> Investigative Unit. Email: ariana.kelland@cbc.ca
>
> Follow Ariana Kelland on Twitter
>
> CBC's Journalistic Standards and Practices
>
>
>
>
> 399 Comments
>
>
>
> David Amos
> "Thorne was, however, able to advocate for Elton to settle with title
> insurance to discharge the mortgage, reversing a previous decision."
>
> IMHO Mr Thorne and the Mayor should talk and FCT should sue the lawyer
> who failed to do his job on their behalf and their client Madame Elton
>
>
>
>
> Peter Stride
> Disgraceful behaviour by the city..like she says this was approved by
> the Council years ago...and home inspections are not that forensic.
>
>
> David Amos
> Reply to Peter Stride
> I agree
>
>
>
> Andrew Bickmore
> Did she have a home inspection done prior to purchasing the property?
> A home inspection would have found some of the shortcomings and
> deficiencies with the property.
>
>
> Tiffany Elton
> Reply to Andrew Bickmore
> I did.
>
>
> David Amos
> Reply to Tiffany Elton
> Sue the dude
>
>
> David Amos
> Reply to Tiffany Elton
> Do you have a mortgage?
>
>
> David Amos
> Reply to Tiffany Elton
> Say Hey to Mayor Danny Breen for me
>
>
> David Amos
> Reply to Tiffany Elton
> I just called and introduced myself correct?
>
>
>
> https://www.cbc.ca/news/
>
> St. John's woman facing prospect of full teardown of garage-turned-home
> Tiffany Elton is bracing for costly remediation as lawyer steps in pro bono
>
> Ariana Kelland · CBC News · Posted: Apr 26, 2022 5:30 AM ADT
>
>
>
> Tiffany Elton is still living on Summer Street in St. John's, as her
> lawyer attempts to save her home and her finances. (Ariana
> Kelland/CBC)
>
> A St. John's woman who believed she bought her forever home is facing
> the possibility of having to tear the property down and start from
> scratch, but now has the backing of a lawyer who has taken on the
> case.
>
> Tiffany Elton purchased her first home in July 2020, but soon learned
> the property had significant issues — the biggest being that the
> structure had been a fire-damaged commercial garage.
>
> Contractors have provided her with two options to deal with myriad
> structural and electrical defects outlined by the City of St. John's,
> after Elton approached the municipality with her concerns.
>
> Both remediation and rebuilding, she said, cost about the same as the
> purchase price she paid nearly two years ago.
>
> "I need $160,000 and I need to tear down and rebuild the house in 4½
> months because the deadline (with the city) is fast approaching,"
> Elton said in a recent interview.
>
> "There seems to be three separate building issues. One being that it
> was a garage, so it is still structurally a garage. Then there's
> across the front foundation where the garage door was. Then there's
> the fire issues."
>
> CBC Investigates: When a house isn't a home
>
> Elton purchased what she believed was a recently renovated bungalow
> but soon began unraveling details about the history of 11 Summer St.
> after rodents found a way into her home.
>
> She discovered the building was a commercial garage that had been
> converted to a residential home decades before, without the proper
> permits from the city. The garage had been in a significant fire, and
> the structure was charred black.
>
> Elton was issued a long list of fine notices by the City of St. John's
> after she alerted them to the issues. She has until September to
> rectify all of the defects. If she doesn't, she could have to pay up
> or get out.
>
> Joe Thorne, a partner in the St. John's office of Stewart McKelvey,
> offered Elton his services pro bono. (Paul Pickett/CBC)
>
> "Sometimes when you notify an authority about an issue, it backfires,"
> said lawyer Joe Thorne, a partner in the St. John's office of Stewart
> McKelvey.
>
> "Calling in the city was intended to address a certain issue that she
> had and now the city has gone in and said, 'Well, there's no occupancy
> permits for this house and you have major structural issues.'"
>
> Thorne took on Elton's case pro bono after seeing her story profiled
> by CBC Investigates in January.
>
> "Honestly, my heart just went out to her," he said.
>
> "She's really been was a victim of her circumstances, and whether or
> not someone is legally responsible for that, she is a victim of the
> process and I really wanted to help out if we could."
>
> Thorne said Elton tried to protect herself during the home buying
> process by getting a home inspection, a lawyer, and title insurance.
> But she's still left in a unenviable position.
> Legal assistance
>
> Thorne said he has been investigating the previous owners of the home
> and whether anyone knew or ought to have known about the fire damage.
>
> Elton said many people came forward to her following the story with
> information on the history of the property, which could be helpful in
> the future.
>
> In an email to CBC News in January, the previous owner said she had no
> idea that the property had been a garage that was significantly
> damaged by fire.
>
> They owned it for 10 years before selling to Elton. The property has
> changed hands multiple times since its conversion 35 years ago.
>
> Bringing a case to court would be a lengthy and costly process, and
> Elton says she doesn't have much time left.
>
> In 1986, the owners applied to have the garage converted into a home
> and the city council of the day approved the conversion.
>
> However, there is no record on file that indicates the city ever
> received a permit application to do that work or inspected the
> property after its conversion to a residence.
>
> Despite that, the city has acknowledged that the property was able to
> be sold as a residential home for decades.
>
> Soot lays on pink insulation in an attic that is encased in blackened
> wood. There is a rusty metal casing where a light once was. A
> metal casing still hangs inside Elton's attic, signalling that the
> property was once a commercial garage. (Paul Pickett/CBC)
>
> As the city now knows the extent of the damage to Elton's house, it is
> requiring significant work to be done.
>
> "You're dealing with a municipality and they've got their policies and
> procedures and they need to make sure that homes are safe for
> occupancy and all those things," Thorne said.
>
> "But there also needs to be room to consider, you know, Tiffany
> herself and not just the property, but the person behind the property,
> who owns the property."
>
> Elton said the city has helped by providing a letter for her title
> insurance company that outlines the issues with the property.
>
> She said she understands the city is limited by its own acts and
> codes, but that doesn't remedy her predicament.
>
> The City of St. John's declined a request for an interview.
> Help from the public
>
> While the challenges ahead may seem insurmountable, Elton said, she is
> encouraged by small steps along the way.
>
> After many failed attempts, Thorne and his team convinced an adjuster
> from the title insurance company to assess the property.
>
> And in the weeks following her story airing, her small business got an
> uptick in sales.
>
> But nothing, she said, has been more helpful than getting free legal help.
>
> "As you can imagine, it's an emotional roller-coaster. So it's been
> tough getting through it all," Elton said.
>
> "But just to have that counsel is excellent."
>
> Read more from CBC Newfoundland and Labrador
> ABOUT THE AUTHOR
>
> Ariana Kelland
>
> Investigative reporter
>
> Ariana Kelland is a reporter with the CBC Newfoundland and Labrador
> bureau in St. John's. She is working as a member of CBC's Atlantic
> Investigative Unit. Email: ariana.kelland@cbc.ca
>
> Follow Ariana Kelland on Twitter
>
> CBC's Journalistic Standards and Practices
>
>
>
>
> 132 Comments
>
>
>
> David Amos
> Hmmm
>
>
> David Amos
> Reply to David Amos
> I hope my calls and emails to Joe and Danny Boy are of assistance to
> the young lady
>
>
>
>
> Jeff Davis
> Title insurance, is it really worth anything?
>
>
> David Amos
> Reply to Jeff Davis
> If you get lucky and run into an ethical lawyer
>
>
>
>
> Glenn Foster
> Good for Joe. I hope it ends well
>
>
> David Amos
> Reply to Glenn Foster
> Me too
>
>
>
>
> Nel Ndoku
> I am under the impression that the home inspector who inspected the
> property and the lawyer who conducted the homework should be on the
> hook if they failed with their jobs. Isn't there a reason they were
> hired and paid in thousands?
>
>
> David Amos
> Reply to Nel Ndoku
> Good question and what about the Title Insurance?
>
>
>
>
> Lloyd Luby
> The city has a "don't tell, don't ask" philosophy when it comes to
> permitting. When asked, they will say you have to have a permit to
> renovate, but don't flag the inquiry for a follow up. Even if you
> obtain a renovation permit, they don't request a follow up inspection
> to see that you adhered to the permitted renovations. That also
> applies to occupancy permits it would seem where no permit requested;
> no problem. (though through some unknown mechanism the city has been
> made aware of some unpermitted renos, mostly decks in heritage zones
> where the homeowner has gotten bitten - perhaps a neighbour ratted
> them out.) Someone, those 35 years ago failed to obtain the correct
> permits along the way, and whoever sold it as permitted to inhabit is
> at fault according to logic. The lawyer and realtor at the time are
> also culpable. Perhaps such details should also be included in the
> title search to ensure that if a building changes as this one did, (or
> if it didn't) it will be known to have required a permitted for that
> change. That's not to say that the city shouldn't do better at
> enforcing such requirements for permits.
>
>
> Paul Parsons
> Reply to Robert Reader
> You must be a city of St. John's employee. A lot of truth to what Mr. Luby
> said.
>
>
> David Amos
> Reply to Paul Parsons
> Ditto
>
>
>
>
> John Smith
> A person I know recently applied for a mortgage, and between the
> inspections from the bank, and the insurance company, the place was
> thoroughly looked over....especially the insurance guy looked over the
> place with a fine toothed comb.....
>
>
> Steve Dueck
> Reply to John Smith
> Too bad the same didn't happen with this lady's inspection. The
> inspector should be identified so that others will know to stay away
> from this person when looking for a good, thorough, inspection.
>
>
> Olivia Massey
> Reply to Steve Dueck
> If you read the original article that was published in January you
> will see that the inspector suggested and Ms. Elton, the current
> owner, was willing to pay for installation of a ceiling hatch to allow
> access to the attic...the sellers refused the request. But, this is
> beyond the point of laying blame onto the current owner because if she
> had rejected the deal subsequent to the inspection, someone else would
> be dealing with it. The issue now is that the city was grossly
> negligent regarding permitting and inspections when the building
> changed from a commercial-use property to a residential-use property
> and also with regard to every subsequent upgrade in the last 35 years.
> Furthermore, the permitting and inspections did not occur yet the city
> easily changed the taxes levied on the property from commercial use to
> residential use and are now attempting to lay the cost of rectifying
> the situation they abetted by their negligence onto Ms. Elton.
>
>
> Nancy Jones
> Reply to Olivia Massey:
> Perfectly stated.
>
>
> Olivia Massey
> Reply to Nancy Jones
> Thank you! It's amazing to me that so many simply want to lay blame on
> the owner and/or the inspector without acknowledging that the city's
> laxity abetted the current condition of the property, and,
> furthermore, that the city is attempting to make Ms. Elton pay for
> their negligence in basically allowing renovations to occur without
> permits and inspections...yet the city is collecting taxes on an
> improved property. We can and we should "fight city hall" when the
> situation warrants it and I believe Ms. Elton's situation warrants it!
>
>
> David Amos
> Reply to Olivia Massey
> I concur
>
>
>
>
> jon mcgrath
> Banker scamm
>
>
> David Amos
> Content Deactivated
> Reply to jon mcgrath
> I don't think so I have no doubt they chased the Title Insurance dudes
> and the lady will wind up with a debt free property saddled with
> strange liabilities brought on by a city trying to cover up their
> wrongs
>
>
>
>
>
> Jan Barriault
> how did her building inspector not flag any problems prior to
> purchase? maybe her legal guy should look at making case against home
> inspector??
>
>
> Olivia Massey
> Reply to Jan Barriault
> As noted in the original article published in January, Ms. Elton's
> inspector suggested and Ms. Elton was willing to pay to have a ceiling
> hatch installed to allow access to and inspection of the attic. The
> sellers refused to allow it; therefore, the inspector was unable to
> inspect the attic. However, the point now is not to assess blame...the
> point is to address the city's lax permitting and lack of inspections
> of this property over 35 years when the building's usage changed from
> commercial-use to residential-use. The city issued no permits and
> performed no inspections yet changed the building's status for tax
> levies to residential use. Now, the city is attempting to rectify
> their gross negligence on the back of and from the pocketbook of the
> current owner, Ms. Elton.
>
>
> David Amos
> Reply to Olivia Massey
> Bingo
>
>
>
>
> Barbara Shortall
> The silence from the Mayor is deafening.
>
> David Amos
> Reply to Barbara Shortall
> I noticed that too
>
>
>
> Jan Barriault
> how did her building inspector not flag any problems prior to
> purchase? maybe her legal guy should look at making case against home
> inspector??
>
>
> Olivia Massey
> Reply to Jan Barriault
> As noted in the original article published in January, Ms. Elton's
> inspector suggested and Ms. Elton was willing to pay to have a ceiling
> hatch installed to allow access to and inspection of the attic. The
> sellers refused to allow it; therefore, the inspector was unable to
> inspect the attic. However, the point now is not to assess blame...the
> point is to address the city's lax permitting and lack of inspections
> of this property over 35 years when the building's usage changed from
> commercial-use to residential-use. The city issued no permits and
> performed no inspections yet changed the building's status for tax
> levies to residential use. Now, the city is attempting to rectify
> their gross negligence on the back of and from the pocketbook of the
> current owner, Ms. Elton.
>
>
> David Amos
> Reply to Olivia Massey
> Bingo
>
>
>
> Sholunish Mishmikin
> That guy in portapique has room in his garage now that his cruiser is
> gone, she could move in there
>
>
> Doug Chafe
> Reply to Sholunish Mishmikin
> Not the sharpest knife in the drawer are you?
>
>
> Olivia Massey
> Reply to Sholunish Mishmikin:
> Your comment isn't funny in any way, shape, or form. And equating the
> two events is disrespectful to the loss of lives, as well as to the
> survivors, of the Portapique event. You must suffer from a cerebral
> disconnect if you think your lame attempt at humour at the expense of
> the Portapique residents is acceptable.
>
>
> David Amos
> Reply to Olivia Massey
> Ask yourself why the nasty comment was not deactivated long ago
>
>
>
>
> Re How to protect yourself from real-estate title fraud
>
> David Amos
> <david.raymond.amos333@gmail.
> To: bking@kinginternationalgroup.
> info@ctic.ca, info@soloontario.ca, info@stonegatelegalservices.ca
> paladinparalegal@gmail.com, cassandra@
> charlenelewin@sympatico.ca, dan@sfglegal.ca, elaine@pageparalegal.com,
> shemeshparalegal@gmail.com, lorrie@
> inquire@paralegalonbroadview.
> sarahteal@sarahteallegal.com, teri@landriautlegal.com,
> denaliparalegal@gmail.com, info@wjburgesslegal.com,
> Pilonlaw@gmail.com, "claude.poirier"<claude.poirier@snb.ca>,
> "john.mcnair"<john.mcnair@snb.ca>, Erin.Hardy@snb.ca, "alan.roy"
> <alan.roy@snb.ca>, "rob.moore"<rob.moore@parl.gc.ca>, "Ross.Wetmore"
> <Ross.Wetmore@gnb.ca>, "robert.gauvin"<robert.gauvin@gnb.ca>,
> "robert.mckee"<robert.mckee@gnb.ca>, "andrea.anderson-mason"
> <andrea.anderson-mason@gnb.ca>
> <freedomreport.ca@gmail.com>, premier <premier@ontario.ca>,
> "Bill.Blair"<Bill.Blair@parl.gc.ca>, "Brenda.Lucki"
> <Brenda.Lucki@rcmp-grc.gc.ca>, "hugh.flemming"<hugh.flemming@gnb.ca>,
> MRichard@lawsociety-barreau.
> kevhache@nb.sympatico.ca, "greg.byrne"<greg.byrne@gnb.ca>,
> "kris.austin"<kris.austin@gnb.ca>, austin@gnb.ca, "David.Coon"
> <David.Coon@gnb.ca>, "blaine.higgs"<blaine.higgs@gnb.ca>,
> Patrick.Windle@snb.ca, windlejim <windlejim@rocketmail.com>,
> priscilla.hwang@cbc.ca, torontotips@cbc.ca, john.lancaster@cbc.ca
> Cc: motomaniac333 <motomaniac333@gmail.com>,
> mthiele@ottawalawyers.com, hlankin@barristonlaw.com, mcu
> <mcu@justice.gc.ca>, debsmith@fnf.com,
> corporate.communications@
> investor.relations@firstam.com
>
>
> https://davidraymondamos3.
>
> Saturday, 14 January 2023
>
> How to protect yourself from real-estate title fraud
>
> https://www.cbc.ca/news/
>
> How organized crime has mortgaged or sold at least 30 GTA homes
> without owners' knowledge
> Future of title insurance could be at risk if this real estate fraud
> trend continues
>
> John Lancaster, Nicole Brockbank, Farrah Merali · CBC News · Posted:
> Jan 23, 2023 5:00 AM AST
>
"Austin also advises the mayor to discuss "the limits of municipal government" with the town solicitor, calling the declaration "well in excess of any authority possessed by your council."
Methinks the former pastor Minister Austin could have some influence in that regard N'esy Pas?
It reminds me of Mahatma Gandhi's choice words about Christ and Christians.