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https://www.cbc.ca/news/canada/new-brunswick/nb-police-commission-review-conduct-investigation-1.4961743
New Brunswick Police Commission reviewing how it conducts investigations
Acting chairwoman's comments come after police association says commission is 'out of control'
The New Brunswick Police Commission says it's reviewing how it conducts investigations after facing criticism about its handling of a probe into a senior officer's conduct following millionaire businessman Richard Oland's murder.
Lynn Chaplin, acting chairwoman of the provincial police commission, said in a statement Friday that the review is part of a "strategic planning process" launched earlier this month.
She said the process will carry on in the new year, and also includes a review of the commission's investigators' manual and operational procedures.
Chaplin said the review will ensure the commission fulfills its role of "safeguarding the public interest in policing in New Brunswick."
Her comments come after the New Brunswick Police Association accused the police oversight body of being "out of control," and alleged the commission is being run in an "abusive, authoritarian fashion."
Bob Davidson, executive director of the New Brunswick Police Association, said the case of Glen McCloskey— a former deputy chief of the Saint John Police Force who came under scrutiny during the first murder trial of Dennis Oland — is an example of the commission "completely ignoring legislative rights."
"The McCloskey case points outs violations under both the Police Act and the Privacy Act," Davidson, whose association represents municipal police officers, said Thursday. "There has been a continued abuse of process and ignoring legislation."
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Glen McCloskey speaks at a press conference held by the New Brunswick Police Association last week. (Roger Cosman/CBC)
In 2015, a witness alleged McCloskey asked him to change his testimony not to reveal the high-ranking officer had been at the crime scene.
McCloskey denied the allegation when he took the stand, but said he had entered the crime scene because he was curious.
The police commission agreed it would investigate his conduct once Oland's trial had concluded.
Although McCloskey retired before a hearing by the provincial police commission was held — the commission only investigates officers on active duty — it still gathered information on the matter.
Davidson alleged the police commission violated McCloskey's privacy by giving its entire file on McCloskey to lawyers involved in the second Oland trial, prompting a complaint to the province's Office of the Integrity Commissioner.
He said a decision earlier this month found the police commission did not have authority to disclose the information to Crown prosecutors or the defence team, and had breached McCloskey's privacy in two instances by disclosing his personal information.
Lynn Chaplin, acting chairwoman of the provincial police commission, said in a statement Friday that the review is part of a "strategic planning process" launched earlier this month.
She said the process will carry on in the new year, and also includes a review of the commission's investigators' manual and operational procedures.
Her comments come after the New Brunswick Police Association accused the police oversight body of being "out of control," and alleged the commission is being run in an "abusive, authoritarian fashion."
Bob Davidson, executive director of the New Brunswick Police Association, said the case of Glen McCloskey— a former deputy chief of the Saint John Police Force who came under scrutiny during the first murder trial of Dennis Oland — is an example of the commission "completely ignoring legislative rights."
"The McCloskey case points outs violations under both the Police Act and the Privacy Act," Davidson, whose association represents municipal police officers, said Thursday. "There has been a continued abuse of process and ignoring legislation."
Allegation denied
McCloskey denied the allegation when he took the stand, but said he had entered the crime scene because he was curious.
The police commission agreed it would investigate his conduct once Oland's trial had concluded.
Davidson alleged the police commission violated McCloskey's privacy by giving its entire file on McCloskey to lawyers involved in the second Oland trial, prompting a complaint to the province's Office of the Integrity Commissioner.
He said a decision earlier this month found the police commission did not have authority to disclose the information to Crown prosecutors or the defence team, and had breached McCloskey's privacy in two instances by disclosing his personal information.
https://www.cbc.ca/news/canada/new-brunswick/glen-mccloskey-police-association-oland-1.4960126
Police association slams Police Act investigation into ex-deputy police chief
Now-retired Glen McCloskey says he never asked another police officer to lie at first Oland trial
The association representing municipal police officers is criticizing the way the New Brunswick Police Commission handled a Police Act investigation into former Saint John deputy police chief Glen McCloskey.
The New Brunswick Police Association spent an hour on Thursday criticizing the independent police watchdog and its executive director, Steve Roberge.
The association is calling for Roberge's removal, calling him "anti-police officer."
"The issue here, it's the mentality of this person who has an abusive, authoritarian way of trying to operate up there," New Brunswick Police Association executive director Bob Davidson said.
Roberge could not be immediately reached for comment on Thursday afternoon to respond to the association's comments.
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Steve Roberge was described as 'anti-police officer' by the New Brunswick Police Association. He could not be reached for comment Thursday. (CBC)
The commission's appointed investigator, Barry MacKnight, found that McCloskey made false statements at the first Dennis Oland murder trial and to Halifax police officers, who ultimately cleared McCloskey of criminal wrongdoing.
McCloskey, who retired in April, had no active role in the investigation into the 2011 death of Richard Oland.
Despite this, he walked around the crime scene two times before forensic testing was complete and then encouraged another officer not to tell the court about it, according to a summary of MacKnight's report.
At the first Dennis Oland murder trial, now-retired Staff Sgt. Mike King testified that in 2014, either before or during the preliminary inquiry, McCloskey told him he didn't "have to" tell anyone he'd entered the crime scene. McCloskey was an inspector at the time and King's supervisor.
King testified he replied to McCloskey that he had "never lied on the stand in 32 years" and he "wasn't about to start."
Asked on Thursday whether he asked King to lie, McCloskey said it was "a silly question."
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Mike King, a retired staff sergeant with the Saint John Police Force, testified at the first Dennis Oland trial that there was no misunderstanding about whether former deputy chief Glen McCloskey wanted him to lie. (CBC)
"I've already said on the stand that I never spoke to anybody about lying, changing their testimony, whatever it was," McCloskey said.
"Especially, Mike King has never made the statement I asked him to lie. That's come from the media. He's made the statement I said something to the effect of 'Don't say I was there.'"
McCloskey said it would have been "illogical" for him to say even that to King because Crown prosecutors and former Saint John police chief Bill Reid knew he was in the crime scene.
McCloskey suggested the police commission reached a conclusion before the investigation was complete and he alleged MacKnight's report left out part of the interviews with officers.
"I talked to the former chief of police Bill Reid, and Bill Reid made some comments to me with respect to what he said," McCloskey said.
"That's not in the interview because it's detrimental to what he wants to happen."
The association also gave reporters a copy of a Dec. 13 report from Integrity Commissioner Alexandre Deschênes, which says the New Brunswick Police Commission "breached [McCloskey's] privacy on two instances by disclosing his personal information to the Crown Prosecutors and the Defence Team on July 4 and 12, 2017."
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New Brunswick Police Association executive director Bob Davidson has several issues with the way the New Brunswick Police Commission handled a Police Act investigation into McCloskey, who is now retired. (Roger Cosman/CBC)
The personal information was contained in the New Brunswick Police Commission file in relation to the Police Act complaint against McCloskey, according to Deschênes's report. McCloskey filed a complaint, which prompted Deschênes's investigation.
"As with any case of a violation of privacy, we, unfortunately, cannot turn back the clock to prevent the breach from occurring," Deschênes wrote in his decision.
He did not make any recommendations arising out of his findings.
A jury found Dennis Oland guilty of second-degree murder in the death of his father in December 2015, but the New Brunswick Court of Appeal overturned his conviction in October 2016 and ordered a new trial, citing an error in the trial judge's instructions to the jury.
The retrial, which began on Nov. 21, is adjourned for the holidays until Jan. 7 at 9:30 a.m.
The New Brunswick Police Association spent an hour on Thursday criticizing the independent police watchdog and its executive director, Steve Roberge.
The association is calling for Roberge's removal, calling him "anti-police officer."
"The issue here, it's the mentality of this person who has an abusive, authoritarian way of trying to operate up there," New Brunswick Police Association executive director Bob Davidson said.
- Ex-deputy police chief made false statements at Oland murder trial, investigator finds
- Deputy police chief's arbitration hearing in Dennis Oland case delayed a year
Roberge could not be immediately reached for comment on Thursday afternoon to respond to the association's comments.
McCloskey, who retired in April, had no active role in the investigation into the 2011 death of Richard Oland.
Despite this, he walked around the crime scene two times before forensic testing was complete and then encouraged another officer not to tell the court about it, according to a summary of MacKnight's report.
McCloskey denies allegations
At the first Dennis Oland murder trial, now-retired Staff Sgt. Mike King testified that in 2014, either before or during the preliminary inquiry, McCloskey told him he didn't "have to" tell anyone he'd entered the crime scene. McCloskey was an inspector at the time and King's supervisor.
King testified he replied to McCloskey that he had "never lied on the stand in 32 years" and he "wasn't about to start."
Asked on Thursday whether he asked King to lie, McCloskey said it was "a silly question."
"Especially, Mike King has never made the statement I asked him to lie. That's come from the media. He's made the statement I said something to the effect of 'Don't say I was there.'"
McCloskey said it would have been "illogical" for him to say even that to King because Crown prosecutors and former Saint John police chief Bill Reid knew he was in the crime scene.
Breached privacy
McCloskey suggested the police commission reached a conclusion before the investigation was complete and he alleged MacKnight's report left out part of the interviews with officers.
"I talked to the former chief of police Bill Reid, and Bill Reid made some comments to me with respect to what he said," McCloskey said.
"That's not in the interview because it's detrimental to what he wants to happen."
The association also gave reporters a copy of a Dec. 13 report from Integrity Commissioner Alexandre Deschênes, which says the New Brunswick Police Commission "breached [McCloskey's] privacy on two instances by disclosing his personal information to the Crown Prosecutors and the Defence Team on July 4 and 12, 2017."
"As with any case of a violation of privacy, we, unfortunately, cannot turn back the clock to prevent the breach from occurring," Deschênes wrote in his decision.
He did not make any recommendations arising out of his findings.
A jury found Dennis Oland guilty of second-degree murder in the death of his father in December 2015, but the New Brunswick Court of Appeal overturned his conviction in October 2016 and ordered a new trial, citing an error in the trial judge's instructions to the jury.
The retrial, which began on Nov. 21, is adjourned for the holidays until Jan. 7 at 9:30 a.m.
About the Author
With files from Bobbi-Jean MacKinnon
CBC's Journalistic Standards and Practiceshttps://www.cbc.ca/news/canada/new-brunswick/dennis-oland-new-trial-murder-appeal-1.3823742
Dennis Oland's new trial could be at least a year away
Several factors could further delay new murder trial in bludgeoning death of father
It will likely be next fall before a new trial for Dennis Oland can be held, according to a Saint John court clerk.
But depending on the next move made by the Crown or the defence, it could be even longer, according to Amanda Evans.
On Monday, the New Brunswick Court of Appeal overturned Dennis Oland's second-degree murder conviction in the 2011 bludgeoning death of his father, multimillionaire Richard Oland.
The Crown and defence have up to 60 days to seek leave to appeal to the Supreme Court of Canada, which would put the case on hold until the country's highest court decides whether it will hear the matter.
Prosecutors could ask the Supreme Court to reinstate the jury's guilty verdict, while the defence could request an acquittal instead of a retrial.
The Crown could also exercise its discretion not to pursue a second trial if prosecutors feel there is no reasonable prospect of a conviction.
"No final decisions have been made," Assistant Deputy Attorney General Luc LaBonté stated in an email.
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Richard Oland, 69, was found dead in his Saint John office on July 7, 2011. (Canadian Yachting Association) The defence could also seek a change of venue, which could reduce the size of the jury pool required if the trial is held in a location where fewer people have connections or familiarity with the case, thereby shortening the amount of time required for jury selection. But the court must agree.
Court of Appeal Chief Justice Ernest Drapeau said he expects a second trial would be "considerably shorter" than the first trial, which lasted about 50 days, "given the work done as well as the experience and knowledge acquired by the police, counsel and the judiciary, and bearing in mind this court's unqualified endorsement of the trial judge's evidential rulings that were contested on appeal."
There could also be agreed statements of fact between the parties, avoiding the need for some of the witnesses to testify.
Still, the Court of Queen's Bench would need to find a block of time that would fit the schedules of the prosecutors, Oland's three defence lawyers and the presiding judge.
A recent Supreme Court of Canada decision sets out a "presumptive ceiling" of a 30-month delay between a charge being laid and a first trial being held, with the burden on the Crown to prove any further delay was a result of case complexity or unavoidable circumstances.
Earlier this month, an Edmonton judge stayed a first-degree murder charge against Lance Matthew Regan for the 2011 stabbing death of fellow inmate Mason Tex Montgrand at Edmonton Institution, one week before his trial was set to begin. Justice Stephen Hillier ruled Regan's constitutional right to be tried within a reasonable time had "been violated."
In June 2010, the Court of Appeal ordered a new trial for Martin, who sought leave to push the case to the Supreme Court, but was unsuccessful. A new trial was scheduled for October 2011, but due to various scheduling delays and health problems experienced by Martin, the new trial wasn't held until May 2013 — nearly three years after it was ordered.
"Under the best circumstances it's not easy to get a matter before the court quickly again," said Jardine.
"And particularly with the Oland matter, I'm not really certain how quickly they can get something of that size back before a court," he said.
Martin was found guilty by a jury in May 2013, but the Court of Appeal overturned his conviction again in July 2015, citing a miscarriage of justice over irregularities, which included one juror making phone calls during deliberations.
A third trial was scheduled for May 2016, but a stay of proceedings was ordered three months before it was set to begin due to the "inordinate delay" he faced, in violation of his Charter right to be tried within a reasonable time.
Retrials should be dealt with promptly said Jardine. "They would have to do everything they can to accommodate an accused on a new trial."
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Lawyer David Lutz believes finding 12 unbiased jurors for Dennis Oland's new trial will be a challenge. (CBC ) "My expectation is everyone will do their best to rearrange their schedule to accommodate this case," he said.
Lutz expects the biggest problem will be selecting an unbiased jury. "That's going to be a big issue," he said.
Changes of venue are "not readily granted" because of the "substantially greater cost" of travel and accommodations for the prosecutors, police and witnesses, he said.
"But in this case, I would think it's something that the clerk would have to consider," said Lutz, suggesting people in places such as Miramichi or Bathurst might not be as familiar with the case.
He isn't convinced it would be beneficial in this case. "Unless people have been living under a rock, everybody's heard about the Oland trial. You're not going to find anybody anywhere really who hasn't heard about it."
It's also "very difficult" to get a judge-alone murder trial, said Higgs. "The jurisprudence in Canada is very much in favour of jury trials, entrusting properly instructed juries to do the right thing."
"I'm a great believer in juries," he said, citing the division of labour and specialization of task. "Everybody has a job to do and they know what their job is."
Oland is scheduled to appear in Saint John's Court of Queen's Bench on Dec. 5 to possibly schedule a new trial date.
He is living in the community under several conditions. He surrendered his passport, must notify police of any travel outside the province, continue to live at his home in Rothesay and notify police of any change of address. His uncle Derek Oland, the executive chairman of Moosehead Breweries, also posted a $50,000 surety.
The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his Saint John investment firm office on July 7, 2011. He had suffered 45 blows to his head, neck and hands. No weapon was ever found.
His son, Dennis Oland, was the last known person to see him alive during a meeting at his office the night before.
A jury found him guilty of second-degree murder following a three-month trial in Saint John's Court of Queen's Bench.
Oland's family has stood by him from the beginning, maintaining his innocence.
But depending on the next move made by the Crown or the defence, it could be even longer, according to Amanda Evans.
On Monday, the New Brunswick Court of Appeal overturned Dennis Oland's second-degree murder conviction in the 2011 bludgeoning death of his father, multimillionaire Richard Oland.
- Dennis Oland gets new 2nd-degree murder trial, as appeal court cites judge's error
- Fifth estate: The Richard Oland Case: Murder in the Family
The Crown and defence have up to 60 days to seek leave to appeal to the Supreme Court of Canada, which would put the case on hold until the country's highest court decides whether it will hear the matter.
Prosecutors could ask the Supreme Court to reinstate the jury's guilty verdict, while the defence could request an acquittal instead of a retrial.
The Crown could also exercise its discretion not to pursue a second trial if prosecutors feel there is no reasonable prospect of a conviction.
"No final decisions have been made," Assistant Deputy Attorney General Luc LaBonté stated in an email.
If a new trial does proceed, the defence could request it be heard by judge alone, which would eliminate the time required for jury selection, but would require consent by the Crown.
Court of Appeal Chief Justice Ernest Drapeau said he expects a second trial would be "considerably shorter" than the first trial, which lasted about 50 days, "given the work done as well as the experience and knowledge acquired by the police, counsel and the judiciary, and bearing in mind this court's unqualified endorsement of the trial judge's evidential rulings that were contested on appeal."
There could also be agreed statements of fact between the parties, avoiding the need for some of the witnesses to testify.
Still, the Court of Queen's Bench would need to find a block of time that would fit the schedules of the prosecutors, Oland's three defence lawyers and the presiding judge.
No 'hard and fast' rules for 2nd trials
A recent Supreme Court of Canada decision sets out a "presumptive ceiling" of a 30-month delay between a charge being laid and a first trial being held, with the burden on the Crown to prove any further delay was a result of case complexity or unavoidable circumstances.
Earlier this month, an Edmonton judge stayed a first-degree murder charge against Lance Matthew Regan for the 2011 stabbing death of fellow inmate Mason Tex Montgrand at Edmonton Institution, one week before his trial was set to begin. Justice Stephen Hillier ruled Regan's constitutional right to be tried within a reasonable time had "been violated."
With the Oland matter, I'm not really certain how quickly they can get something of that size back before a court- Daniel Jardine, Miramichi lawyerBut there is no "hard and fast rule" for how quickly second trials should be held, said Miramichi lawyer Daniel Jardine, who represented fellow Miramichi lawyer George Martin on an obstruction of justice charge.
In June 2010, the Court of Appeal ordered a new trial for Martin, who sought leave to push the case to the Supreme Court, but was unsuccessful. A new trial was scheduled for October 2011, but due to various scheduling delays and health problems experienced by Martin, the new trial wasn't held until May 2013 — nearly three years after it was ordered.
"Under the best circumstances it's not easy to get a matter before the court quickly again," said Jardine.
"And particularly with the Oland matter, I'm not really certain how quickly they can get something of that size back before a court," he said.
Martin was found guilty by a jury in May 2013, but the Court of Appeal overturned his conviction again in July 2015, citing a miscarriage of justice over irregularities, which included one juror making phone calls during deliberations.
A third trial was scheduled for May 2016, but a stay of proceedings was ordered three months before it was set to begin due to the "inordinate delay" he faced, in violation of his Charter right to be tried within a reasonable time.
Retrials should be dealt with promptly said Jardine. "They would have to do everything they can to accommodate an accused on a new trial."
Change of venue 'not readily granted'
Veteran Saint John-area lawyer David Lutz, who has handled five or six retrials in his 30-plus year career, said they were all scheduled within three or four months.
Lutz expects the biggest problem will be selecting an unbiased jury. "That's going to be a big issue," he said.
Changes of venue are "not readily granted" because of the "substantially greater cost" of travel and accommodations for the prosecutors, police and witnesses, he said.
"But in this case, I would think it's something that the clerk would have to consider," said Lutz, suggesting people in places such as Miramichi or Bathurst might not be as familiar with the case.
Unless people have been living under a rock, everybody's heard about the Oland trial. You're not going to find anybody anywhere really who hasn't heard about it- Christopher Higgs, Toronto lawyerChristopher Higgs, a Toronto lawyer who specializes in murder cases, said it's "difficult" to be granted a change of venue due to the so-called challenge for cause procedure, where parties can question whether prospective jurors are capable of setting aside their views and biases.
He isn't convinced it would be beneficial in this case. "Unless people have been living under a rock, everybody's heard about the Oland trial. You're not going to find anybody anywhere really who hasn't heard about it."
It's also "very difficult" to get a judge-alone murder trial, said Higgs. "The jurisprudence in Canada is very much in favour of jury trials, entrusting properly instructed juries to do the right thing."
"I'm a great believer in juries," he said, citing the division of labour and specialization of task. "Everybody has a job to do and they know what their job is."
Oland is scheduled to appear in Saint John's Court of Queen's Bench on Dec. 5 to possibly schedule a new trial date.
He is living in the community under several conditions. He surrendered his passport, must notify police of any travel outside the province, continue to live at his home in Rothesay and notify police of any change of address. His uncle Derek Oland, the executive chairman of Moosehead Breweries, also posted a $50,000 surety.
The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his Saint John investment firm office on July 7, 2011. He had suffered 45 blows to his head, neck and hands. No weapon was ever found.
His son, Dennis Oland, was the last known person to see him alive during a meeting at his office the night before.
A jury found him guilty of second-degree murder following a three-month trial in Saint John's Court of Queen's Bench.
Oland's family has stood by him from the beginning, maintaining his innocence.
With files from Robert Jones
CBC's Journalistic Standards and Practices|https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-jury-mistrial-police-commission-investigation-1.4912997
Police board seeks review of officer conduct during Oland jury selection
Defence calls for probe of police handling of case to resume after mistrial declared, jury discharged
The Saint John Board of Police Commissioners will ask for an independent investigation of an officer's actions during jury selection for Dennis Oland's murder retrial that resulted in a mistrial being declared Tuesday morning.
Const. Sean Rocca conducted background checks on prospective jurors using the force's internal database, which Court of Queen's Bench Justice Terrence Morrison said "irreparably" tainted the jury selection process.
Morrison discharged the 16 jurors before any evidence was heard, and the trial will now proceed without a jury, starting Wednesday at 9:30 a.m. AT.
To kind of find this island of ignorance here was a little shocking and surprising.- Alan Gold, defence lawyer"The board and the chief take these matters very seriously," the Saint John board said in a statement issued late Tuesday afternoon.
"We will be reviewing the court's decision to understand the issues identified and to learn from them."
The board said it will ask the New Brunswick Police Commission to conduct the independent investigation.
His defence team contends the Supreme Court of Canada made it clear in 2012 that the privacy of jurors prohibited police from using internal databases to search for any contact they may have had with police.
"These were really landmark decisions and everyone talked about them and understood them. So to kind of find this island of ignorance here was a little shocking and surprising." lead defence lawyer Alan Gold said after court as Oland, his wife Lisa and mother Connie looked on.
"When the courts talk, the police have to listen — just like all of us have to listen to what the courts say."
Rocca, a 16-year veteran of the force, has been the file co-ordinator on the Oland case since October 2011.
Oland's lawyers are calling on the provincial policing oversight body to resume its investigation into the Saint John force's handling of the case now that a mistrial has been declared on the jury trial and there's no risk of tainting the jurors.
"The serious conduct that led to our jury selection being invalidated, and the jury trial having to be nullified, can now be added to the list of what needs to be examined in the interests of justice, not just to Dennis and his family, but also to restore public confidence in the administration of justice," said Gold.
The court heard evidence of officers entering the crime scene without wearing protective gear to avoid contamination and using the washroom located in the foyer outside the victim's office for two days before it was tested for evidence. A key piece of the Crown's evidence against Oland — a blood-spotted brown sports jacket — was kept rolled up in a paper bag for months before forensic testing.
In October 2016, when the New Brunswick Court of Appeal overturned Oland's conviction and ordered a new trial, citing errors in the trial judge's instructions to the jury, the commission suspended its review "until such time as all criminal proceedings are completed."
Executive director Steve Roberge told CBC News on Tuesday that decision stands.
"We do not want to prejudice the criminal proceedings with our Police Act investigation," he said.
Asked how that could be a concern now that the trial is proceeding by judge alone, Roberge replied: "In this case it's not necessarily the fact that we're prejudicing the proceedings themselves, it's also prejudicing the perception of the carriage of justice."
Pressed on whether not proceeding with the investigation could have the same effect, he replied, "We don't know who and what kind of material we need to follow up with until the end of the criminal processes."
The Saint John police board declined further comment, citing the continuing court case.
Chief Bruce Connell did not provide any comments or respond to questions about Rocca's current status.
The body of Richard Oland, 69, was discovered face down in a pool of blood in his investment firm office the morning of July 7, 2011. He had suffered 45 sharp- and blunt-force blows to his head, neck and hands.
His son was the last known person to see him alive when they met there the night before.
Oland has maintained his innocence from the beginning and his extended family has stood by him.
"All Dennis and his family want is a fair trial as soon as possible, without further delay, a trial at which they are confident of Dennis finally being vindicated and his innocence declared," said Gold, adding the Olands are "extremely pleased" Morrison agreed to proceed with a judge-alone trial.
Gold said starting jury selection over with a brand new jury panel could have bumped the trial back several months, raising the possibility of an unconstitutional delay.
The Supreme Court has set a time limit for superior court cases of 30 months, from the time a charge is laid to the conclusion of a first trial. The limit for retrials is still "a little grey," but should be completed even sooner, said Gold.
https://www.telegraphjournal.com/daily-gleaner/story/42289615/appeal-court-says-fredericton
Appeal court says Fredericton woman is abusing justice system
The province’s top court has denied a Fredericton woman’s appeal seeking to amend a lawsuit that maintains police, lawyers and the courts have plotted against her over the years.
Sarah (Sally) Elizabeth Brooks, 55, previously filed a lawsuit against multiple parties, including the Fredericton Police Force, the City of Fredericton, the New Brunswick Police Commission, several city police officers and several Crown prosecutors.
She sought to amend her original claim to add the New Brunswick Police Commission, commission chairman Peter Seheult and the Law Society of New Brunswick, but that was denied by a lower court. She took that aspect of the case up to the New Brunswick Court of Appeal.
In a decision issued last month, the appeal court denied her motion to add those parties to her wide-ranging lawsuit.
But when her application was about to be heard by New Brunswick’s top court, Brooks brought several additional motions forward, including a request for relief for alleged Charter violations, a motion to strike down parts of the provincial Police Act, awarding of costs from the parties that had yet been added to her claim, and recusal of the entire three-judge appeal panel set to hear her case.
The Court of Appeal panel dismissed her various requests.
“The panel hearing the appeal is not biased. Moreover, there is a total absence of evidence that would cause an informed, prudent and reasonable person to believe there is a real possibility of bias in the circumstances,” the court wrote in its reasons for decision.
“Not only did Ms. Brooks allege actual bias on the part of the entire panel, she informed the Court she would report the panel to the Canadian Judicial Council should the panel rule against her motion for recusal. She was immediately advised that such a threat has no bearing on the matter and would not influence in any manner the members of the panel.”
Brooks also sought to have her hearing adjourned, the court ruled it hadn’t been given any valid reasons to grant such an adjournment.
Expanding on its reasons for denying the recusal motion, the court noted Brooks cited her previous losses at the New Brunswick Court of Appeal as grounds.
“At the root of most of Ms. Brooks’ contentions is her obsessively held belief that she has been defrauded of sufficient spousal support as a result of a conspiracy between her own family solicitor and the one representing her ex-husband. Notwithstanding the fact that this alleged fraud has never been adjudicated in court in any matter in which the alleged perpetrators have had an opportunity to rebut what are until now mere allegations, Ms. Brooks expected the Court of Appeal to find fraud and make sweeping declarations,” the decision stated.
The court criticized how Brooks conducts herself when she appears before courts in New Brunswick as well.
“... Such specious allegations are characteristic of Ms. Brooks’ approach to many who have crossed her path and refused to accept at face value the multiple allegations she levels against others,” the panel wrote in its decision.
“For example, she has even stated that ‘this court has now actively participated in misconduct that has put, and continues to put, the appellant’s very life in danger,’ ostensibly because the court has not ruled in favour of her many allegations.”
As the court noted in its decision, Brooks’ crusade against public institutions, both municipal and provincial, flow from two key events in her life: her divorce proceedings in court, and a subsequent encounter with Fredericton Police Force officers after she’d told a helpline operator she planned to harm herself.
The Court of Appeal noted that like a small number of other self-represented litigants, Brooks’ understanding of the law is flawed and her tactics aren’t to be condoned.
“While it is the function of the justice system to serve the public, it does not give individuals a right to abuse the service,” the appeal court wrote.
“This appeal, just like the underlying action against the respondents to this appeal, is devoid of any merit. Just like the action against these respondents, the appeal is frivolous. It is an abuse of the justice system.”
Noting that counsel for the respondents in the appeal filed detailed briefs in the matter, the court awarded $1,000 in costs to the law society and $1,000 to the police commission and Seheult, and an additional set of $3,000 for each stemming from the abuse of process.
Brooks told The Daily Gleaner that while she’s not done with the case, a further appeal isn’t in the cards. She said rather than appealing the April appeal decision to the Supreme Court of Canada, she plans to explore her options through the Canadian Judicial Council.
She noted the original lawsuit is still a live action before the courts and she remains intent on pursuing it despite her assertions that the courts and others are conspiring against her.
Sarah (Sally) Elizabeth Brooks, 55, previously filed a lawsuit against multiple parties, including the Fredericton Police Force, the City of Fredericton, the New Brunswick Police Commission, several city police officers and several Crown prosecutors.
She sought to amend her original claim to add the New Brunswick Police Commission, commission chairman Peter Seheult and the Law Society of New Brunswick, but that was denied by a lower court. She took that aspect of the case up to the New Brunswick Court of Appeal.
In a decision issued last month, the appeal court denied her motion to add those parties to her wide-ranging lawsuit.
But when her application was about to be heard by New Brunswick’s top court, Brooks brought several additional motions forward, including a request for relief for alleged Charter violations, a motion to strike down parts of the provincial Police Act, awarding of costs from the parties that had yet been added to her claim, and recusal of the entire three-judge appeal panel set to hear her case.
The Court of Appeal panel dismissed her various requests.
“The panel hearing the appeal is not biased. Moreover, there is a total absence of evidence that would cause an informed, prudent and reasonable person to believe there is a real possibility of bias in the circumstances,” the court wrote in its reasons for decision.
“Not only did Ms. Brooks allege actual bias on the part of the entire panel, she informed the Court she would report the panel to the Canadian Judicial Council should the panel rule against her motion for recusal. She was immediately advised that such a threat has no bearing on the matter and would not influence in any manner the members of the panel.”
Brooks also sought to have her hearing adjourned, the court ruled it hadn’t been given any valid reasons to grant such an adjournment.
Expanding on its reasons for denying the recusal motion, the court noted Brooks cited her previous losses at the New Brunswick Court of Appeal as grounds.
“At the root of most of Ms. Brooks’ contentions is her obsessively held belief that she has been defrauded of sufficient spousal support as a result of a conspiracy between her own family solicitor and the one representing her ex-husband. Notwithstanding the fact that this alleged fraud has never been adjudicated in court in any matter in which the alleged perpetrators have had an opportunity to rebut what are until now mere allegations, Ms. Brooks expected the Court of Appeal to find fraud and make sweeping declarations,” the decision stated.
“Since the Court has not done so in any of the previous proceedings before it, she accuses the Court of having ‘conspired and colluded to conceal’ the alleged fraud and ‘violated (her) Charter Rights to an impartial and unbiased tribunal.’ Frankly, her arguments are contemptuous. They betray a flawed understanding of the role of an appellate court, which has limited inherent jurisdiction, and generally limits itself to the questions properly raised before it.”
The court criticized how Brooks conducts herself when she appears before courts in New Brunswick as well.
“... Such specious allegations are characteristic of Ms. Brooks’ approach to many who have crossed her path and refused to accept at face value the multiple allegations she levels against others,” the panel wrote in its decision.
“For example, she has even stated that ‘this court has now actively participated in misconduct that has put, and continues to put, the appellant’s very life in danger,’ ostensibly because the court has not ruled in favour of her many allegations.”
As the court noted in its decision, Brooks’ crusade against public institutions, both municipal and provincial, flow from two key events in her life: her divorce proceedings in court, and a subsequent encounter with Fredericton Police Force officers after she’d told a helpline operator she planned to harm herself.
The Court of Appeal noted that like a small number of other self-represented litigants, Brooks’ understanding of the law is flawed and her tactics aren’t to be condoned.
“While it is the function of the justice system to serve the public, it does not give individuals a right to abuse the service,” the appeal court wrote.
“This appeal, just like the underlying action against the respondents to this appeal, is devoid of any merit. Just like the action against these respondents, the appeal is frivolous. It is an abuse of the justice system.”
Noting that counsel for the respondents in the appeal filed detailed briefs in the matter, the court awarded $1,000 in costs to the law society and $1,000 to the police commission and Seheult, and an additional set of $3,000 for each stemming from the abuse of process.
Brooks told The Daily Gleaner that while she’s not done with the case, a further appeal isn’t in the cards. She said rather than appealing the April appeal decision to the Supreme Court of Canada, she plans to explore her options through the Canadian Judicial Council.
She noted the original lawsuit is still a live action before the courts and she remains intent on pursuing it despite her assertions that the courts and others are conspiring against her.
https://www.gnb.ca/cour/03coa1/decisions/2015/april2015/20150402brooksvthelawsocietyofnewbrunswicketal-2015nbca18.pdf
2017 NBQB 83
New Brunswick Court of Queen’s Bench
Brooks v. Fredericton City Police Force et al
2017 CarswellNB 233, 2017 CarswellNB 234, 2017 NBQB 83, 280 A.C.W.S. (3d) 638
SARAH ELIZABETH BROOKS (Plaintiff) and THE FREDERICTON CITY POLICE FORCE, in particular, DANA ROBERTS of the Fredericton City Police Force, DAVID BANKS of the Fredericton City Police Force, STEFEN DECOURCEY of the Fredericton City Police Force, MATTHEW FLEMMING of the Fredericton City Police Force, Chief of the Fredericton Police Force BARRY MacKNIGHT, Detective Constable BRAD BOURQUE, Staff Sergeant BRIAN FORD, Staff Sergeant DANIEL COPP, THE CITY OF FREDERICTON, WILLIAM CORBY, Law Society of New Brunswick and Canadian Bar Association member, DARLENE BLUNSTON, Law Society of New Brunswick and Canadian Bar Association member, HILARY DRAIN, Law Society of New Brunswick and Canadian Bar Association member (Defendants)
Terrence J. Morrison J.
Heard: November 30, 2016
Judgment: May 9, 2017
Docket: F/C/30/2012
Counsel: Sarah Elizabeth Brook — per se
Matthew T. Hayes, for Defendants, City of Fredericton and the Fredericton Police Force and certain of its members
Heather Doyle Landry, Q.C., for Defendants, William Corby, Darlene Blunston and Hilary Drain
Subject: Civil Practice and Procedure; Constitutional; Public; Torts; Human Rights
Civil practice and procedure
IIIParties
III.2Vexatious proceedings / Abuse of process
Law enforcement agencies
I Police
I.2Duties, rights and liabilities of officers
I.2.dStatutory protection of police from civil liability
I.2.d.iiiStatutes other than Criminal Code
Public law
I Crown
I.3Principles of tort regarding Crown
I.3.aLiability of Crown for torts of servants
I.3.a.ivLiability for specific torts
I.3.a.iv.AAction for malicious prosecution by Crown officers
Law enforcement agencies --- Police — Duties, rights and liabilities of officers — Statutory protection of police from civil liability — Statutes other than Criminal Code
Plaintiff alleged her former counsel in family dispute conspired with her husband’s counsel to defraud her of spousal support — Plaintiff alleged police failed to properly investigate her complaint and were party to conspiracy to cover up fraud — Plaintiff was subsequently detained by police and taken to hospital under Mental Health Act — Plaintiff brought action against police defendants and Crown prosecutor defendants for relief for various causes of action — Defendants brought motion for order striking out statement of claim as disclosing no reasonable cause of action — Motion granted — Sections 66(1) and (2) of Act constituted complete bar to plaintiff’s action in relation to her detention under Act — Section 66(1) of Act required consent of Attorney General to bring action, but no consent had been obtained — Section 66(2) of Act provided six-month limitation period that had expired — Accordingly, it was plain and obvious that allegations in relation to detention under Act did not disclose reasonable cause of action — Plaintiff had not pleaded any bad faith to overcome statutory immunity provided by s 33.1 of Police Act in relation to negligent investigation.
Public law --- Crown — Principles of tort regarding Crown — Liability of Crown for torts of servants — Liability for specific torts — Action for malicious prosecution by Crown officers
Plaintiff alleged her former counsel in family dispute conspired with her husband’s counsel to defraud her of spousal support — Plaintiff alleged police failed to properly investigate her complaint and were party to conspiracy to cover up fraud — Plaintiff was subsequently detained by police and taken to hospital under Mental Health Act — Plaintiff brought action against police defendants and Crown prosecutor defendants for relief for various causes of action — Defendants brought motion for order striking out statement of claim as disclosing no reasonable cause of action — Motion granted — Plaintiff had not pleaded Crown prosecutor defendants had acted outside course of their official duties to overcome statutory immunity in s. 4(8) of Proceedings Against the Crown Act (PACA) — Pleadings fell far short of what was required to make out cause of action for malicious prosecution — No notice had been given under s. 15(1) of PACA in any event.
Civil practice and procedure --- Parties — Vexatious proceedings / Abuse of process
Plaintiff alleged her former counsel in family dispute conspired with her husband’s counsel to defraud her of spousal support — Plaintiff alleged police failed to properly investigate her complaint and were party to conspiracy to cover up fraud — Plaintiff was subsequently detained by police and taken to hospital under Mental Health Act — Plaintiff brought action against police defendants and Crown prosecutor defendants for relief for various causes of action — Defendants successfully brought motion for order striking out statement of claim as disclosing no reasonable cause of action — Police defendants brought motion for order prohibiting plaintiff from continuing proceedings without leave of court — Motion granted — Order was extended to prohibiting plaintiff from continuing or commencing proceedings without leave of court — Plaintiff had launched various proceedings in New Brunswick Provincial Court, Court of Queen’s Bench, and Court of Appeal — Plaintiff clearly refused to accept any decision or ruling that prevented her from prosecuting this futile litigation — There was every indication that plaintiff would relentlessly continue to pursue defendants and would not stop unless she was stopped — Terminating this litigation was also in best interests of plaintiff so she could focus her talents and energy on things that might be of benefit to her instead of squandering them on hopeless cause.
Cases considered by Terrence J. Morrison J.:
Armstrong v. Tygart(2012), 886 F.Supp.2d 572 (U.S. W.D. Tex.) — considered
Brooks v. Brooks (2012), 2012 NBQB 401, 2012 CarswellNB 713, 1028 A.P.R. 361, 397 N.B.R. (2d) 361 (N.B. Q.B.) — considered
Brooks v. Brooks (2012), 2012 NBCA 50, 2012 CarswellNB 332, 2012 CarswellNB 333, 1011 A.P.R. 94, 390 N.B.R. (2d) 94 (N.B. C.A.) — referred to
Brooks v. Brooks (2014), 2014 NBCA 29, 2014 CarswellNB 198, 2014 CarswellNB 199, 1090 A.P.R. 326, 419 N.B.R. (2d) 326 (N.B. C.A.) — referred to
Brooks v. Fredericton City Police Force (2013), 2013 NBBR 204, 2013 NBQB 204, 2013 CarswellNB 315, 2013 CarswellNB 316, (sub nom.Brooks v. Fredericton Police Force) 1050 A.P.R. 175, (sub nom.Brooks v. Fredericton Police Force) 405 N.B.R. (2d) 175 (N.B. Q.B.) — referred to
Brooks v. Law Society of New Brunswick (2015), 2015 NBCA 18, 2015 CarswellNB 134, 2015 CarswellNB 135, (sub nom. Brooks v. Fredericton Police Force) 1130 A.P.R. 371, (sub nom. Brooks v. Fredericton Police Force) 433 N.B.R. (2d) 371 (N.B. C.A.) — referred to
Cram v. Nova Veterinary Clinic Ltd. (2016), 2016 NSSC 181, 2016 CarswellNS 680, 1185 A.P.R. 66, 376 N.S.R. (2d) 66 (N.S. S.C.) — considered
Deer Island Credit Union Ltd. v. Simson, Cumming, Webber, a Partnership (2012), 2012 NBCA 92, 2012 CarswellNB 635, 2012 CarswellNB 636, (sub nom. Deer Island Credit Union Ltd. v. Simson, Cumming, Webber) 1023 A.P.R. 76, (sub nom. Deer Island Credit Union Ltd. v. Simson, Cumming, Webber) 395 N.B.R. (2d) 76, 356 D.L.R. (4th) 306 (N.B. C.A.) — referred to
Greene v. New Brunswick (2014), 2014 NBBR 168, 2014 NBQB 168, 2014 CarswellNB 626, 2014 CarswellNB 627, (sub nom.Greene v. New Brunswick (Attorney General)) 1116 A.P.R. 204, (sub nom. Greene v. New Brunswick (Attorney General)) 428 N.B.R. (2d) 204(N.B. Q.B.) — referred to
Hamalengwa v. Bentley (2011), 2011 ONSC 4145, 2011 CarswellOnt 7392 (Ont. S.C.J.) — referred to
Knight v. Imperial Tobacco Canada Ltd. (2011), 2011 SCC 42, 2011 CarswellBC 1968, 2011 CarswellBC 1969, 21 B.C.L.R. (5th) 215, [2011] 11 W.W.R. 215, 25 Admin. L.R. (5th) 1, 86 C.C.L.T. (3d) 1, (sub nom.British Columbia v. Imperial Tobacco Canada Ltd.) 335 D.L.R. (4th) 513, (sub nom. British Columbia v. Imperial Tobacco Canada Ltd.) 419 N.R. 1, (sub nom. British Columbia v. Imperial Tobacco Canada Ltd.) 308 B.C.A.C. 1, (sub nom. British Columbia v. Imperial Tobacco Canada Ltd.) 521 W.A.C. 1, 83 C.B.R. (5th) 169, [2011] 3 S.C.R. 45 (S.C.C.) — referred to
Kvello v. Miazga (2009), 2009 SCC 51, 2009 CarswellSask 717, 2009 CarswellSask 718, 69 C.C.L.T. (3d) 1, [2010] 1 W.W.R. 45, 395 N.R. 115, 337 Sask. R. 260, 464 W.A.C. 260, (sub nom.Kvello Estate v. Miazga) 313 D.L.R. (4th) 330, (sub nom. Miazga v. Kvello Estate) [2009] 3 S.C.R. 339 (S.C.C.) — referred to
Lang Michener Lash Johnston v. Fabian (1987), 16 C.P.C. (2d) 93, 59 O.R. (2d) 353, 37 D.L.R. (4th) 685, 1987 CarswellOnt 378(Ont. H.C.) — considered
Moncton Family Outfitters Ltd. v. Schelew (2005), 2005 NBQB 273, 2005 CarswellNB 442 (N.B. Q.B.) — considered
Murray v. New Brunswick Police Commission (2012), 2012 CarswellNB 355, 2012 CarswellNB 356, 1008 A.P.R. 372, 389 N.B.R. (2d) 372(N.B. C.A.) — considered
Nelles v. Ontario (1989), 69 O.R. (2d) 448 (note), [1989] 2 S.C.R. 170, 60 D.L.R. (4th) 609, 98 N.R. 321, 35 O.A.C. 161, 41 Admin. L.R. 1, 49 C.C.L.T. 217, 37 C.P.C. (2d) 1, 71 C.R. (3d) 358, 42 C.R.R. 1, 1989 CarswellOnt 963, 1989 CarswellOnt 415, 69 O.R. (2d) 448(S.C.C.) — referred to
Odhavji Estate v. Woodhouse (2003), 2003 SCC 69, 2003 CarswellOnt 4851, 2003 CarswellOnt 4852, 19 C.C.L.T. (3d) 163, 233 D.L.R. (4th) 193, 312 N.R. 305, 180 O.A.C. 201, [2003] 3 S.C.R. 263, 11 Admin. L.R. (4th) 45, 70 O.R. (3d) 253 (note), [2004] R.R.A. 1, 2003 CSC 69(S.C.C.) — considered
Pension Coalition NB v. New Brunswick (Attorney General) (2014), 2014 NBBR 248, 2014 NBQB 248, 2014 CarswellNB 618, 2014 CarswellNB 619, 64 C.P.C. (7th) 291, 1119 A.P.R. 58, 429 N.B.R. (2d) 58 (N.B. Q.B.) — referred to
R. v. Brooks (2012), 2012 NBQB 227, 2012 CarswellNB 383, 1011 A.P.R. 392, 390 N.B.R. (2d) 392 (N.B. Q.B.) — referred to
Sewell v. Sewell (2007), 2007 NBCA 42, 2007 CarswellNB 280, 2007 CarswellNB 281, 53 C.C.L.I. (4th) 48, 314 N.B.R. (2d) 330, 812 A.P.R. 330 (N.B. C.A.) — considered
University of New Brunswick Student Union Inc. v. Smith (1987), 81 N.B.R. (2d) 397, 205 A.P.R. 397, 1987 CarswellNB 302 (N.B. Q.B.) — considered
University of New Brunswick Student Union Inc. v. Smith (1988), 224 A.P.R. 39, 1988 CarswellNB 261, 88 N.B.R. (2d) 39 (N.B. C.A.) — referred to
Statutes considered:
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11
Generally — referred to
Courts of Justice Act, 1984, S.O. 1984, c. 11
s. 150 — considered
Mental Health Act, R.S.N.B. 1973, c. M-10
Generally — referred to
s. 9 — considered
s. 10 — considered
s. 66(1) — considered
s. 66(2) — considered
Police Act, S.N.B. 1977, c. P-9.2
s. 33.1 [en. 1996, c. 26, s. 4] — considered
Proceedings Against the Crown Act, R.S.N.B. 1973, c. P-18
Generally — referred to
s. 4(8) — considered
s. 15 — considered
s. 15(1) — considered
Rules considered:
Rules of Court, N.B. Reg. 82-73
R. 22 — considered
R. 22.01(3) — considered
R. 22.04 — considered
R. 22.04(1)(a) — considered
R. 22.04(1)(b) — considered
R. 23 — considered
R. 23.01 — considered
R. 23.01(1)(b) — considered
R. 27 — considered
R. 27.09 — considered
R. 37.10 — considered
R. 37.10(a) — considered
R. 76.1.02 [en. 2009, c. 28, s. 11] — considered
R. 76.1.02(1)(a) [en. 2009, c. 28, s. 11] — considered
R. 76.1.02(1)(b) [en. 2009, c. 28, s. 11] — considered
Forms considered:
Mental Health Act, R.S.N.B. 1973, c. M-10
Form 1 — considered
Words and phrases considered:
abuse of process
A pleading will constitute an abuse of process if it is brought for an improper purpose or if the Court’s process is misused.
frivolous and vexatious
[A] pleading which is without substance or cannot reasonably succeed can be considered frivolous and vexatious.
scandalous pleadings
Scandalous pleadings are those which make immaterial or unfounded allegations of misconduct, bad faith or impute improper motives to the defendants.
MOTION by defendants for order striking out statement of claim as disclosing no reasonable cause of action and prohibiting plaintiff from continuing proceedings without leave of court.
Terrence J. Morrison J.:
I. INTRODUCTION
1 The plaintiff, Sarah Brooks, commenced an action against the Fredericton City Police Force, individual named police officers (the “Police Defendants”) and individual named crown prosecutors (the “Prosecutor Defendants”). The plaintiff’s claim relates to two specific events which the plaintiff claims are inter-related. First, the plaintiff alleges that her former legal counsel in a family dispute conspired with her ex-husband’s counsel to defraud her of spousal support. Ms. Brooks reported the alleged fraud to the Fredericton City Police and she claims that the police failed to properly investigate her complaint and were party to a conspiracy to cover up the fraud. The second event occurred on February 6, 2010. On that date officers of the Fredericton Police Force responded to a call at the plaintiff’s home. An altercation ensued and the plaintiff was detained and taken to hospital where she was admitted on a Form 1 under the Mental Health Act. The plaintiff claims that the police officers unlawfully and forcibly entered her home, physically overpowered and assaulted her. As a result of this incident the plaintiff filed complaints against members of the Fredericton Police Force. The plaintiff alleges that the police falsified police reports and submitted them to Crown Prosecution Services in an attempt to intimidate her into withdrawing her complaints. Ms. Brooks alleges that the crown prosecutor launched a malicious prosecution in collusion with the Fredericton Police Force to coerce the plaintiff into withdrawing the complaint she made against the Fredericton Police Force and her divorce legal counsel. This theory espoused by the plaintiff will be referred to herein as the “Conspiracy Theory”. The plaintiff claims that she suffered physical injuries as a result of the altercation with police and that her detention and subsequent prosecution has exacerbated her mental illness and cost her financial losses as a result of her inability to work.
2 The Police Defendants brought a motion (the “Police Motion”) requesting the following relief:
(a) an order that the plaintiff’s statement of claim be struck for failing to disclose a reasonable cause of action pursuant to Rule 23.01;
(b) alternatively, that the plaintiff’s pleadings be struck as being scandalous, frivolous or vexatious and an abuse of process pursuant to Rule 27.09 with a companion motion for judgment pursuant to Rule 37.10;
(c) summary judgment pursuant to Rule 22.01(3) and 22.04; and
(d) that the plaintiff be prohibited from continuing this proceeding pursuant to Rule 76.1.02(b).
An almost identical motion is brought by the Prosecutor Defendants (the “Prosecutors’ Motion”) except that relief under Rule 76.1.02 is not requested.
3 In response to the Police Motion the plaintiff filed a “Notice of Constitutional Issues” dated April 14, 2016 wherein she opposes the relief sought by the Police Motion and the Prosecutors’ Motion and seeks, among other remedies, the following relief:
a) that the Police Defendants file a further and better Affidavit of Documents;
b) leave to cross-examine the deponents of the affidavits filed in support of the Police Motion;
c) a finding that the plaintiff’s Charter rights have been violated; and
d) a request to further amend her pleadings.
4 In response to the Prosecutors’ Motion the plaintiff filed a “Notice of Motion/Counter Motion” dated April 25, 2016 wherein she seeks relief similar to that requested in the Notice of Constitutional Issues.
5 The matter first came before me on April 29, 2016. At that time I heard representations from the plaintiff and counsel for the Police Defendants and counsel for the Prosecutor Defendants. I concluded that the plaintiff’s request to amend her pleadings must await the outcome of the summary judgment motions. I also concluded that the plaintiff’s allegations that her Charter rights were violated goes to the question of whether the defendants should be permitted summary judgment. That left the plaintiff’s request that the defendants file and serve further and better Affidavits of Documents and the question of whether the plaintiff would be permitted to cross-examine the deponents of the affidavits filed in support of the defendants’ motions. I heard argument with respect to these latter two issues and the matter was adjourned until May 24, 2016. I advised the parties that I would render a decision on these latter two issues on the return of the motion. Subsequent to the appearance on April 29, 2016 the matter was adjourned with the consent of all parties until November 30, 2016.
6 On November 22, 2016 I issued a decision dismissing the plaintiff’s motions for cross-examination on the affidavits and for further and better affidavits of documents from the defendants. The hearing with respect to the defendants’ motions for summary disposition proceeded on November 30, 2016. Prior to the commencement of the hearing the plaintiff filed a Notice of Motion dated November 18, 2016 wherein she seeks, among other things, orders restoring the Law Society of New Brunswick, Peter Seheult and the New Brunswick Police Commission as defendants on the basis that the decisions of Justice Clendening and the Court of Appeal dismissing the actions against them were “beyond their jurisdiction and constitute a miscarriage of justice”. In that motion the plaintiff also seeks, among other relief, a declaration that section 33.1 of the Police Act is unconstitutional. I refused to hear the plaintiff’s latter motion until after the defendants’ motions for summary disposition were determined. This is the Court’s decision with respect to the defendants’ motions requesting summary disposition pursuant to Rules 22, 23 and 27 with companion motions for judgment under Rule 37.10 and the Police Motion for relief under Rule 76.1.02.
II. ANALYISIS AND DECISION
A. Motions Under Rule 23.01(1)(b)
7 The correct approach to a motion to strike pleadings under Rule 23.01(1)(b) was set out in Sewell v. Sewell, 2007 NBCA 42(N.B. C.A.) at paragraph 26:
The principles that inform the determination of a defendant’s motion to strike under Rule 23.01(1)(b) are well settled and can be summarized as follows: (1) the only question for judicial resolution is whether it is plain and obvious that the Statement of Claim fails to disclose the essential elements of a cause of action tenable at law. That conclusion should be reached only in the clearest of cases; (2) correlatively, absent exceptional circumstances, the court must accept as proved all facts asserted in the Statement of Claim and abstain from looking beyond the pleading itself and any documents referred to therein (see Hogan v. Doiron (2001), 243 N.B.R. (2d) 263, 2001 NBCA 97 (N.B. C.A.), para. 38 and Boisvert v. LeBlanc (2005), 294 N.B.R. (2d) 325, 2005 NBCA 115 (N.B. C.A.), para. 21). To expand the exercise beyond those limits would operate to morph the motion under Rule 23.01(1)(b) into an application for summary judgment under Rule 22, the appropriate vehicle to determine prior to trial whether there is factual merit to a claim; (3) the Statement of Claim is to be read generously to accommodate drafting deficiencies; and (4) where a generous reading of its provisions fails to breath[e] life into a pleading, all suitable amendments should be allowed (see Rule 27.10(1) and LeDrew v. Conception Bay South (Town) (2003), 231 Nfld. & P.E.I.R. 61, 2003 NLCA 56 (N.L. C.A.)). Those principles reflect the Legislature’s injunction that the Rules be “liberally construed to secure the just, least expensive and most expeditious determination of every proceeding on its merits”: Rule 1.03
8 In Odhavji Estate v. Woodhouse, [2003] 3 S.C.R. 263 (S.C.C.) the Supreme Court of Canada reiterated the test to be applied to motions to strike under a rule similar to Rule 23.01(1)(b) at paragraph 15:
An excellent statement of the test for striking out a claim under such provisions is that set out by Wilson J. in Hunt v. T & N plc, [1990] 2 S.C.R. 959 (S.C.C.), at p. 980:
...assuming that the facts as stated in the statement of claim can be proved, it is “plain and obvious” that the plaintiff’s statement of claim discloses no reasonable cause of action? As in England, if there is a chance that the plaintiff might succeed, then the plaintiff should not be “driven from the judgment seat”. Neither the length and complexity of the issues, the novelty of the cause of action, nor the potential for the defendant to present a strong defence should prevent the plaintiff from proceeding with his or her case. Only if the action is certain to fail because it contains a radical defect...should the relevant portions of a plaintiff’s statement of claim be struck out...
The test is a stringent one. The facts are to be taken as pleaded. When so taken, the question that must then be determined is whether there it is “plain and obvious” that the action must fail. It is only if the statement of claim is certain to fail because it contains a “radical defect” that the plaintiff should be driven from the judgment. See also Inuit Tapirisat of Canada v. Canada (Attorney General), [1980] 2 S.C.R. 735 (S.C.C.).
(See also Knight v. Imperial Tobacco Canada Ltd., 2011 SCC 42(S.C.C.) at para. 17; Deer Island Credit Union Ltd. v. Simson, Cumming, Webber, a Partnership, 2012 NBCA 92(N.B. C.A.) at paras. 6-8)
9 Generally speaking, the defendants seek summary judgment under Rule 22 and in the alternative that the entire claim be struck pursuant to Rules 23 and 27. The defendants ask that the plaintiff’s claim be struck on the basis that the pleadings, as a whole, do not disclose a reasonable cause of action and they rely on Rule 23.01(1)(b) in this regard. However, in support of their general proposition they also argue that certain statutory provisions afford a defence thus eviscerating the plaintiff’s alleged cause of action rendering it unreasonable. The defendants also maintain that the plaintiff’s pleading be struck in its entirety pursuant to Rule 27.09. I will deal first with the Police Motion under Rule 23.01(1)(b) then move on to address the Prosecution Motion for the same relief.
10 As far as I am able to glean, the allegations against the Police Defendants fall into two separate categories:
1. Allegations of assault and false arrest against the officers who detained the plaintiff at her home on February 8, 2010; and
2. Allegations against the officers who investigated the plaintiff’s complaints.
The former allegations are contained in paragraphs, 56-62, 65, 72-79, 84-86, 102-103 and 149 and of the Amended Statement of Claim and the latter in paragraphs 47-49, 132-139, 142-143 and 163-164. The defendant police officers Roberts, Banks, DeCourcey and Flemming are the officers who responded to the plaintiff’s residence. They allege in their Statement of Defence (para. 6) that the police were responding to a call from Fredericton Mental Health Clinic when they attended at the plaintiff’s home and therefore were operating under the authority of the Mental Health Act. The plaintiff acknowledges that the police were acting pursuant to the Mental Health Act but not pursuant to s. 10. She argues they should have proceeded under s. 9, but that they acted improperly in arresting her when they had no power or grounds to do so under the Mental Health Act. (see para. 69 of Amended Statement of Claim and paras. 5, 7 and 8 of Notice of Constitutional Issues).
11 The Police Defendants argue that the Attorney General has not consented to the commencement of the plaintiff’s action and thus section 66(1) of the Mental Health Act is a complete defence. Section 66(1) provides as follows:
No action, prosecution or other proceedings shall be brought or be instituted against any officer, nurse, clerk, attendant or other employee of a psychiatric facility, or against any other person, for an act done in pursuance of execution or intended execution of any duty or authority under this Act or the regulations, or in respect of any alleged neglect or default in the execution of any such duty or authority, without the consent of the Attorney General.
12 The Police Defendants also plead and rely on section 66(2) of the Mental Health Act which provides as follows:
All prosecutions against any person, for anything done or omitted to be done in pursuance of this Act, shall be commenced within six months after the act or omission complained of has been committed or occurred, and not afterwards.
13 The only plaintiff’s pleadings which are disclosed on the record are the Amended Notice of Action and Amended Statement of Claim filed on January 27, 2012. However, the Clerk’s Office has a record of a Notice of Action having been filed on February 6, 2012. In any event, the plaintiff’s action was filed well outside the statutory limitation period.
14 In my view, the above statutory provisions constitute a complete bar to the plaintiff’s action against the defendants. Accordingly, it is plain and obvious to me that the plaintiff’s allegations against these defendants do not disclose a reasonable cause of action and are hereby struck.
15 The allegations against the remaining Police Defendants, MacKnight, Bourque, Ford and Copp, are with respect to their investigation of the plaintiff’s complaint of spousal support fraud and collusion by two family law lawyers and for failing to diligently investigate her complaint against the four police officers who responded to her home on February 6, 2010. As far as I can discern from the plaintiff’s pleadings the claim against these defendants is based in negligence in failing to conduct a proper investigation. My review of the paragraphs in the Amended Statement of Claim pertaining to defendants MacKnight, Bourque, Ford and Copp reveals no allegations of bad faith. The Police Defendants rely on section 33.1 of the Police Act which provides as follows:
No action lies for damages or otherwise against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:
(a) the Commission;
(b) the chair or a former chair of the Commission;
(c) the vice-chair or a former vice-chair of the Commission;
(d) any other member or former member of the Commission;
(e) any employee or former employee of the Commission; and
(f) an investigator appointed to investigate a conduct complaint under Division C of Part III or Division B of Part III.1.
16 As mentioned, the plaintiff’s pleadings do not set out any facts that would constitute bad faith on behalf of these defendants. The plaintiff’s failure to specifically plead bad faith or any facts from which an inference of bad faith can be drawn is fatal to her claim against these defendants (Hamalengwa v. Bentley, [2011] O.J. No. 3477 (Ont. S.C.J.); Brooks v. Fredericton City Police Force, 2013 NBQB 204(N.B. Q.B.) at paras. 4-9 affirmed [Brooks v. Law Society of New Brunswick] 2015 NBCA 18(N.B. C.A.) at para. 18). Given that the plaintiff’s claim with respect to these defendants is statute-barred it is plain and obvious that the allegations against them disclose no reasonable cause of action and are hereby struck. There are no specific causes of action alleged against the City of Fredericton or the Fredericton Police Force in the Amended Statement of Claim. Any exposure to liability for these defendants would be vicarious. Given that the claims against their servant police officers have been struck then the claims against the City of Fredericton and The Fredericton Police Force must also fail.
17 I will turn now to the motion under Rule 23.01(1)(b) brought by the Prosecutor Defendants. As far as can be determined from the plaintiff’s Amended Statement of Claim, the allegations against the Prosecutor Defendants are found in paragraphs 36, 39, 41, 140, 148 to 155, 158, 159, 161 and 162 thereof. They fall basically into two categories: negligence and malicious prosecution. (I will deal specifically with the issue of malicious prosecution later.) The allegations all relate to things done or omitted to be done by the Prosecutor Defendants in the course of their duties. The Prosecutor Defendants therefore plead and rely upon section 4(8) of the Proceedings Against the Crown Act (”PACA”) which provides as follows:
Notwithstanding any provision of this or any other Act, no proceedings lie directly against an officer or agent of the Crown, in the name of the officer or agent or in the name of his or her office, in respect of anything done or omitted to be done by the officer or agent in the course of the performance or purported performance of his or her duties.
18 In my view, in order for the plaintiff to advance a legitimate claim against the Prosecutor Defendants personally she would have had to plead material facts demonstrating that they were acting outside the course of their official duties. As mentioned, all of the allegations relate to things done or omitted to be done by the Prosecutor Defendants in the course of the performance of their duties. Accordingly, the claims against the Prosecutor Defendants are statute-barred by virtue of section 4(8) of PACA.
19 I will turn now to what appear to be allegations of malicious prosecution. These are found in paragraphs 140, 149, 150, 152, 154 and 155 and read as follows:
140 Blunston was negligent when she filed a letter with the court stating that she knew of no “case law” requiring Charter Rights to be provided when a person is involuntarily detained to hospital and she failed to state sections 7.4 and 10.1 of the NB Mental Health Act, which both state the requirement for both the hospital and police to immediately inform of Charter rights to retain and instruct counsel or the Charter of Rights and Freedoms requirement for the same - Blunston was either negligent or willfully misleading the Court and Plaintiff.
149 Roberts, Banks, Fleming and Decourcey, Corby, Blunston and Drain knowingly instigated and proceeded with charges and a prosecution against the Plaintiff based on falsified police reports and since the reports were written to be submitted as evidence to a court of law, the Plaintiff maintains this constitutes perjury and abuse of process.
150 Corby frivolously and vexatiously accepted the charges against the Plaintiff for prosecution without lawful grounds and (the following being examples and not a comprehensive list of his failure to properly pre-screen the charges and FPF investigation):
• in spite of there being no public interest in so doing,
• in spite of Corby having to alter the charges from resisting “arrest” to resisting “lawful detention” in order to contrive a charge that was even vaguely plausible
• in spite of there having been no lawful grounds to arrest the Plaintiff,
• in spite of Corby having evidence before him of police misconduct resulting in the Plaintiff being charged with “Assault with intent to resist arrest” where there were clearly no legal grounds for arrest of the Plaintiff
• in spite of the FPF reports, constituting disclosure, stating the FPF officers material to the incident had never informed the Plaintiff of any intention to arrest or detain her yet they charged her with resisting the same
• in spite of the clear evidence from the FPF that the officers themselves initiated assault and battery against the Plaintiff
• in spite of the evidence that the Plaintiff was suffering from mental conditions of anxiety and severe depression,
• in spite of having full knowledge that criminal charges and prosecution would cause further extreme mental distress to the Plaintiff,
• in spite of the Plaintiff not having any criminal record or criminal tendencies,
• in spite of the five reports and dispatch records comprising the Disclosure document confirming that the officers’ reports each conflicted in their descriptions of the facts and
• in spite of the FPF dispatch records confirming the time-frame of one minute and fifty eight seconds between the four FPF officers arriving at the Plaintiff’s home and completing her arrest precluded any possibility of the police having conducted themselves in a manner to preserve, uphold and protect the Plaintiff’s Charter Right and Freedom not to be subjected to arbitrary search and seizure, unnecessary and arbitrary, violent home invasion, assault and battery with aggravating circumstances, detention and imprisonment and confirm there was no possibility of the Plaintiff having premeditated any acts against the invading officers of the FPF, which is a requirement under the Criminal Code of Canada for the criminal act of assault to have been committed.
152 Corby altered and amended the police charges from two counts of “Assault with intent to resist arrest” - which had no lawful substantiation and could not have been prosecuted - to “Assault with intent to resist lawful detention” and therefore contrived to create charges that did not exist and which the evidence could not substatiate, thereby instigating a malicious and unlawful prosecution with no reasonable or just grounds and in spite of the Plaintiffs mental ill health and overwhelming evidence that is was in fact the Plaintiff who was a victim of FPF wrongdoing.
154 In knowingly accepting charges against the Plaintiff for prosecution that had no lawful grounds, knowing the Plaintiff’s Charter Rights to counsel were violated, knowing that the FPF reports submitted as evidence of the “crimes were fabricated and/or implausible, and knowing the charges were to be prosecuted against a mentally distress person, Corby has behaved negligently and breached public trust and disobeyed a statute.
155 Blunston and Drain later proceeded to accept the case and continue to prosecute the Plaintiff, thereby participating in the malicious prosecution, until 22nd June when the Deputy Attorney General stayed proceedings against the Plaintiff with immediate effect after twenty three months of prosecution and twenty eight months of suffering distress and anxiety by the Plaintiff since the incident of 6th February 2010.
20 Essentially, the plaintiff alleges that the defendant Corby acted maliciously by pursuing a prosecution which he knew was based on falsified police reports. She alleges that the defendants Blunston and Drain also acted maliciously by continuing that prosecution. The test for making out a claim of malicious prosecution is an onerous one. The plaintiff must plead material facts which would demonstrate that the proceedings:
a) were initiated by the defendants;
b) were terminated in favour of the plaintiff;
c) were undertaken without reasonable and probable cause; and
d) were motivated by malice or a primary purpose other than carrying the law into effect.
(see Nelles v. Ontario, [1989] 2 S.C.R. 170 (S.C.C.)).
21 The last element is one which requires the plaintiff to plead facts which would establish the deliberate and malicious use of the prosecutor’s office for ends that are improper and inconsistent with that office (Kvello v. Miazga, 2009 SCC 51(S.C.C.)). In my view, the pleadings fall far short of that which is required to make out a cause of action for malicious prosecution.
22 Insofar as the allegations against the Defendant Prosecutors relate to their official functions as agents of the Crown then section 15 of PACA must be considered. The plaintiff’s claim against the Prosecutor Defendants is primarily for damages and not for declaratory relief. It is a claim directly against the interests of the Crown. As such, it is a claim that historically could only be brought by way of a petition of right procedure. That procedure has been subsumed byPACA (see Pension Coalition NB v. New Brunswick (Attorney General), 2014 NBQB 248(N.B. Q.B.) at paras. 39-48). In short, it is a claim to which section 15(1) of PACA applies:
No action shall be brought against the Crown unless two months previous notice in writing thereof has been served on the Attorney General, or on the corporation in the case of an action to be brought against a Crown corporation, in which notice the name and residence of the proposed plaintiff, cause of action, and the court in which it is to be brought shall be explicitly stated.
23 The plaintiff did not give notice to the Attorney General as required and thus the cause of action against the Prosecutor Defendants cannot proceed.
24 For the foregoing reasons I conclude that it is plain and obvious that the allegations against the Prosecutor Defendants disclose no reasonable cause of action and are hereby struck.
B. Motions Under Rule 27.09 -Frivolous and Vexatious Pleadings
25 In the event that I am wrong with respect to any of the above conclusions I will proceed to deal with the motions pursuant to Rule 27.09. It is clear that this Court may strike a pleading that is frivolous, vexatious or an abuse of process pursuant to either Rule 27.09 or its inherent jurisdiction. In Moncton Family Outfitters Ltd. v. Schelew, 2005 NBQB 273(N.B. Q.B.) at paragraph 49 the Court adopts the reasoning of Justice Dickson in University of New Brunswick Student Union Inc. v. Smith, [1987] N.B.J. No. 263 (N.B. Q.B.) upheld on appeal at [1988] N.B.J. No. 240 (N.B. C.A.):
In dismissing the two actions on the basis that they both were frivolous, vexatious, without merit and an abuse of process, Justice Dickson writes at paragraph 18 to 20:
18 The law applicable in this jurisdiction is essentially as set out in Halsbury (4th Ed.) Vol. 37 where in paragraph 430 it is stated:
430. Summary powers to strike out pleadings, dismiss actions and enter judgments. The court is invested with extensive powers to strike out pleadings and thereupon, or for other good reason arising from the making of the claim or defence, to dismiss actions by plaintiffs or to enter judgments against defendants. These powers are both salutary and necessary not only to enforce the basic rules of pleadings but also to dispose of proceedings which are hopeless, baseless or without foundation in law or in equity or are otherwise an abuse of the process of the court. The powers are exercised by the court by summary process, speedily and generally at an early stage of the proceedings, and they operate as a powerful, effective method of disposing of proceedings without a plenary trial.
The powers are derived from two parallel sources. First they are conferred by rules of court and secondly they are exercisable under the court’s inherent jurisdiction. These sources are cumulative, not alternative, and may be invoked by the parties and employed by the court simultaneously.However, the powers are permissive, not mandatory, and they confer a discretionary jurisdiction which the court will exercise in the light of all the circumstances concerning the offending pleading. This discretion will be exercised by applying two fundamental, although complementary, principles. The first principle is that the parties will not lightly “be driven from the seat of judgment,” and for this reason the court will exercise its discretionary power with the greatest care and circumspection, and only in the clearest of cases. The second principle is that a stay or even dismissal of proceedings may “often be required by the very essence of justice to be done,” so as to prevent the parties being harassed and put to expense by frivolous, vexatious or hopeless litigation.
(emphasis added)
26 Is the plaintiff’s pleading frivolous, vexatious or an abuse of process? What constitutes such a pleading was extensively canvassed by Justice Glennie in Greene v. New Brunswick, 2014 NBQB 168(N.B. Q.B.) at paragraphs 155-185 and will not be repeated here. In summary, though, a pleading which is without substance or cannot reasonably succeed can be considered frivolous and vexatious. Scandalous pleadings are those which make immaterial or unfounded allegations of misconduct, bad faith or impute improper motives to the defendants. A pleading will constitute an abuse of process if it is brought for an improper purpose or if the Court’s process is misused.
27 The plaintiff’s entire claim is predicated on the Conspiracy Theory: that her former legal counsel and that of her ex-husband conspired to defraud her of spousal support and that the police and prosecutors were in a conspiracy to cover up that alleged fraud. The plaintiff’s Conspiracy Theory has been debunked in several court decisions. In Brooks v. Brooks, 2012 NBQB 401(N.B. Q.B.) Justice Wooder had this to say about the plaintiff’s conspiracy theory at paragraph 7:
Ms. Brooks has spent much of the past four and a half years regretting and attempting to challenge the Consent Order. She has raised various allegations against the lawyers involved and against Mr. Brooks. The specifics need not be detailed here, but they include such complaints as fraud, negligence, unconscionable conduct, perjury and bad faith. This list is not exhaustive.One of her consistent and principal complaints is that the Spousal Support Advisory Guidelines calculations on which the spousal support was based were flawed, and considerable time has been spent by Ms. Brooks in explaining and detailing what she perceives to be the errors. Both the motion judge and the Court of Appeal dealt with that allegation, and legally at least, it has been put to rest.
(emphasis added)
28 In Brooks v. Fredericton City Police Force, 2013 NBQB 204(N.B. Q.B.) Justice Clendening commented on the plaintiff’s Conspiracy Theory at paragraph 20:
It is truly unfortunate that Ms. Brooks has been unable to move forward with her life because of her preoccupation with the issue of spousal support which has been disposed of on many occasions in Family Division, and with the events of 6 February 2010 which have been dealt with in another court. It is difficult to watch Ms. Brooks attempt to navigate the legal system without having empathy for her. She is always polite, respectful and articulate, but she is obsessed about events for whichthereis no legal solution, because there is no basis for a court action in regard to either of the events with which she is preoccupied.
(emphasis added)
(affirmed by the Court of Appeal at 2015 NBCA 18(N.B. C.A.)).
29 Considering the previous judicial pronouncements referred to above and my own review of the Record it is clear that the underlying theory of the plaintiff’s case is completely without merit. Success is hopeless. On that basis alone the entire Amended Statement of Claim is frivolous and vexatious. Furthermore, the pleading consists of 30 pages and 193 paragraphs which are replete with insulting language, allegations of serious criminal misconduct, conclusions and argument. In my view, the pleading is not only frivolous and vexatious but also scandalous and an abuse of process.
30 The pleading that was adjudicated upon in Brooks v. Law Society of New Brunswick is the very same pleading that is before me in these motions. Justice Clendening’s comments condemn the pleadings as prolix, irrelevant and devoid of material facts. In so doing Justice Clendening quoted from Armstrong v. Tygart [886 F.Supp.2d 572 (U.S. W.D. Tex. 2012)], Case No. A-12-CA-606-SS from the State of Texas, USA and Justice Robertson’s comments at paragraph 10 of Murray v. New Brunswick Police Commission, [2012] N.B.J. No. 211 (N.B. C.A.). The Court of Appeal not only concluded that Justice Clendening’s references to the observations in those two cases were entirely justified it went further and declared the action against the respondents to be an abuse of process. At paragraph 29 it states:
In our view, the motion judge’s references to the American case and to Robertson J.A.’s observations were entirely justified. While it is the function of the justice system to serve the public, it does not give individuals a right to abuse the service. This appeal, just like the underlying action against the respondents to this appeal, is devoid of any merit. Just like the action against these respondents, the appeal is frivolous. It is an abuse of the justice system.
(emphasis added)
31 The foregoing pronouncements were with respect to the very same Amended Statement of Claim which is before me. Although arguably those findings are confined to the specific allegations against the specific respondents in that case, in my view there is no material difference between the allegations at issue in Brooks v. Law Society of New Brunswick and the allegations at issue in this motion. I conclude that the plaintiff’s pleadings disclose no reasonable cause of action against the defendants and are frivolous, vexatious and an abuse of process. The plaintiff’s Amended Statement of Claim, in its entirety, against the defendants herein is hereby struck.
32 The defendants’ motions for judgment pursuant to Rules 22.01(3), 22.04(1)(a) and (b) and 37.10(a) are hereby granted and the plaintiff’s action in its entirety is hereby dismissed.
C. Motion under Rule 76.1.02
33 The Police Defendants have brought a motion requesting an order prohibiting the plaintiff from continuing the prosecution of the within action pursuant to Rule 76.1.02(b) which provides as follows:
76.1.02 Order made by a judge of the Court of Queen’s Bench
(1) Where a judge of the Court of Queen’s Bench is satisfied, on application, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of Queen’s Bench or the Small Claims Court or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of Queen’s Bench or the Small Claims Court, the judge may make an order containing either or both of the following prohibitions:
(a) prohibiting the person from commencing any further proceeding in the Court of Queen’s Bench or the Small Claims Court except with leave of a judge of the Court of Queen’s Bench; and
(b) prohibiting the person from continuing a proceeding previously commenced in the Court of Queen’s Bench or the Small Claims Court except with leave of a judge of the Court of Queen’s Bench.
34 Counsel for the Police Defendants was unable to refer me to any reported decisions in which Rule 76.1.02 was applied. However, there is jurisprudence from Ontario interpreting a similar provision found in section 150 of the Courts of Justice Act S.O. 1984 c. 11. In Lang Michener Lash Johnston v. Fabian, [1987] O.J. No. 355 (Ont. H.C.) Justice Henry outlined the factors to be considered when making a declaration that a party is a vexatious litigant. At paragraph 20 he outlined those factors:
From these decisions the following principles may be extracted:
(a) the bringing of one or more actions to determine an issue which has already been determined by a court of competent jurisdiction constitutes a vexatious proceeding;
(b) where it is obvious that an action cannot succeed, or if the action would lead to no possible good, or if no reasonable person can reasonably expect to obtain relief, the action is vexatious;
(c) vexatious actions include those brought for an improper purpose, including the harassment and oppression of other parties by multifarious proceedings brought for purposes other than the assertion of legitimate rights;
(d) it is a general characteristic of vexatious proceedings that grounds and issues raised tend to be rolled forward into subsequent actions and repeated and supplemented, often with actions brought against the lawyers who have acted for or against the litigant in earlier proceedings;
(e) in determining whether proceedings are vexatious, the court must look at the whole history of the matter and not just whether there was originally a good cause of action;
(f) the failure of the person instituting the proceedings to pay the costs of unsuccessful proceedings is one factor to be considered in determining whether proceedings are vexatious;
(g) the respondent’s conduct in persistently taking unsuccessful appeals from judicial decisions can be considered vexatious conduct of legal proceedings.
35 The plaintiff has launched various proceedings in the Provincial Court, Court of Queen’s Bench and Court of Appeal. Among those proceedings was an appeal of a decision of a Provincial Court Judge refusing to hear Charter issues raised by her before the commencement of the trial. The appeal was brought even after the criminal charges underlying the proceeding had been stayed and she raised 40 grounds of appeal (R. v. Brooks, 2012 NBQB 227(N.B. Q.B.)). Others include Brooks v. Brooks, 2012 NBQB 401(N.B. Q.B.), Brooks v. Brooks, 2012 NBCA 50(N.B. Q.B.), Brooks v. Brooks, 2014 NBCA 29(N.B. Q.B.) and Brooks v. Law Society of New Brunswick, supra, and its appeal to which I have already referred. With respect to the present motions, rather than filing a cogent response the plaintiff filed a “Notice of Constitutional Issues” seeking cross-examination of affiants, further affidavits of documents and raising a host of issues and claims. In oral argument counsel for the Police Defendants stated that there are currently outstanding costs awards against the plaintiff in the amount of at least $14,000.00. However, I have been unable to locate any evidence in the Record to substantiate the amount of costs awarded in previous proceedings except for $4,000 in costs awarded at trial and appeal in connection with Brooks v. Law Society of New Brunswick (Record pp. 1089-1090). I could locate no evidence that costs awarded have or have not been paid by Ms. Brooks.
36 Perhaps most telling is the fact that just 12 days before the hearing of these motions the plaintiff filed a motion wherein she seeks to restore as defendants The Law Society of New Brunswick, Peter Seheult, and the New Brunswick Police Commission. Her grounds for doing so are that “the previous orders of Justice Clendening and the Court of Appeal of New Brunswick were beyond their jurisdiction and constitute a miscarriage of justice”. Clearly, the plaintiff refuses to accept any decision or ruling which prevents her from prosecuting this futile litigation. There is every indication that the plaintiff will relentlessly continue to pursue the defendants. The Notice of Motion just referred to contains the following among its statement of grounds:
3. The Plaintiff also wishes to bring this application to the Court’s attention since, if the Law Society, NB Police Commission and Seheult are not restored as defendants, she will exercise her rights to file new actions and claims against the Law Society, Seheult and the NB Police Commission, for which the limitation expires two years after the Court of Appeal decision in April 2015.
Any new action will include the Attorney General and the Province of New Brunswick.
(emphasis added)
37 The plaintiff will not stop unless she is stopped. In the recent case of Cram v. Nova Veterinary Clinic Ltd., 2016 NSSC 181(N.S. S.C.) the Court was asked to restrain a plaintiff who had persistently instituted vexatious proceedings. In issuing an order forbidding the plaintiff from commencing any proceeding or taking any further steps in the existing proceeding Justice Campbell stated at paragraph 51:
The courts have to remain open to difficult, obstreperous, annoying, unreasonable, foolish, irrational, wasteful, and mean-spirited people. They are not restricted to internet blogs and postings on news websites. To some extent the legal system can become an open mike for the angry. But when a person crosses over into using multiple legal processes themselves as a cudgel to wreak vengeance on an opponent, the court is obliged to restrain them.
(emphasis added)
38 If the plaintiff is permitted unrestricted access to the courts I have little doubt that the defendants and others whom she perceives have wronged her will be subjected to continuing legal harassment by the plaintiff and the expenditure of further costs, time and energy. Furthermore, I believe that terminating this litigation is also in the best interests of the plaintiff. In her submissions to the Court Ms. Brooks advised that she has mental health issues and that this litigation has been stressful for her. Ms. Brooks is intelligent, articulate and resourceful and has been respectful in her appearances before me. Prohibiting the plaintiff from further litigating these issues will allow her to focus her talents and energy on things that may be of benefit to her instead of squandering them on a hopeless cause. In the circumstances, I am obliged to restrain the plaintiff. Accordingly, the motion by the Police Defendants for an order pursuant to Rule 76.1.02 is granted. The motion seeks relief only with respect to the present proceeding under 76.1.02 (1) (b). However, when an application is brought and the Court is satisfied that the person is a persistent vexatious litigant the Rule gives the Court the authority to make an order under either or both of Rules 76.1.02 (a) and (b). Accordingly, it is hereby ordered that:
(a) the plaintiff is prohibited from commencing any further proceeding in the Court of Queen’s Bench or the Small Claims Court except with leave of a judge of the Court of Queen’s Bench; and
(b) the plaintiff is prohibited from continuing a proceeding previously commenced in the Court of Queen’s Bench or the Small Claims Court, including the present proceeding, except with leave of a judge of the Court of Queen’s Bench.
III. COSTS
39 Costs are awarded and payable forthwith by the plaintiff to the defendants in the amount of $6,000.00 as follows:
a) One set of costs in the amount of $3,000.00 collectively to the Police Defendants;
b) One set of costs in the amount of $3,000.00 collectively to the Prosecutor Defendants.
Motion granted.
End of Document | Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. |
---------- Original message ----------
From: "Davidson, Stephen"<stephen.davidson@saintjohn.ca>
Date: Wed, 20 Sep 2017 20:26:02 +0000
Subject: Information
To: "david.raymond.amos@gmail.com"<david.raymond.amos@gmail.com>
Mr. Amos,
On September-17, 2017, I was made aware that you placed a call to Mr.
Paul Veniot, a lawyer with Public Prosecutions, and left a voicemail
(attached to this email) on September 15th, 2017, regarding something
that you had read about in the news. In your message you are heard
saying, "You guys got some problems to iron out for me, for my
friend's son, again. I think I'm one of those problems."
I can only assume that you are referring to the upcoming re-trial of
Dennis Oland, please correct me if I am wrong. If so, as the
investigator assigned to this case, I am required to follow up on your
comments as to what you are referring to in your message to Mr.
Veniot, for any potential information you may have relating to the
case, or upcoming trial.
If you could, please provide me with the information you may have via
email, postal service, in person or telephone. The particulars for
contact are listed below,
Thank you,
Saint John Police Headquarters: One Peel Plaza, Saint John New Brunswick
Mailing address: Saint John Police Force, c/o Cst. Stephen Davidson -
PO Box 1971, One Peel Plaza, Saint John New Brunswick E2L 4L1
Major Crime Unit:(506) 648 3211
This e-mail communication (including any or all attachments)
is intended only for the use of the person or entity to whom it is
addressed and may contain confidential and/or privileged material. If
you are not the intended recipient of this e-mail, any use, review,
retransmission, distribution, dissemination, copying, printing, or
other use of, or taking of any action in reliance upon this e-mail, is
strictly prohibited. If you have received this e-mail in error, please
contact the sender and delete the original and any copy of this e-mail
and any printout thereof, immediately. Your co-operation is
appreciated.
Le pr?sent courriel (y compris toute pi?ce jointe) s'adresse
uniquement ? son destinataire, qu'il soit une personne ou un
organisme, et pourrait comporter des renseignements privil?gi?s ou
confidentiels. Si vous n'?tes pas le destinataire du courriel, il est
interdit d'utiliser, de revoir, de retransmettre, de distribuer, de
diss?miner, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant ou de vous en servir de toute autre fa?on. Si vous avez re?u le
pr?sent courriel par erreur, pri?re de communiquer avec l'exp?diteur
et d'?liminer l'original du courriel, ainsi que toute copie
?lectronique ou imprim?e de celui-ci, imm?diatement. Nous sommes
reconnaissants de votre collaboration.
Subject: Information
To: "david.raymond.amos@gmail.com"<david.raymond.amos@gmail.com>
Mr. Amos,
On September-17, 2017, I was made aware that you placed a call to Mr.
Paul Veniot, a lawyer with Public Prosecutions, and left a voicemail
(attached to this email) on September 15th, 2017, regarding something
that you had read about in the news. In your message you are heard
saying, "You guys got some problems to iron out for me, for my
friend's son, again. I think I'm one of those problems."
I can only assume that you are referring to the upcoming re-trial of
Dennis Oland, please correct me if I am wrong. If so, as the
investigator assigned to this case, I am required to follow up on your
comments as to what you are referring to in your message to Mr.
Veniot, for any potential information you may have relating to the
case, or upcoming trial.
If you could, please provide me with the information you may have via
email, postal service, in person or telephone. The particulars for
contact are listed below,
Thank you,
Saint John Police Headquarters: One Peel Plaza, Saint John New Brunswick
Mailing address: Saint John Police Force, c/o Cst. Stephen Davidson -
PO Box 1971, One Peel Plaza, Saint John New Brunswick E2L 4L1
Major Crime Unit:(506) 648 3211
This e-mail communication (including any or all attachments)
is intended only for the use of the person or entity to whom it is
addressed and may contain confidential and/or privileged material. If
you are not the intended recipient of this e-mail, any use, review,
retransmission, distribution, dissemination, copying, printing, or
other use of, or taking of any action in reliance upon this e-mail, is
strictly prohibited. If you have received this e-mail in error, please
contact the sender and delete the original and any copy of this e-mail
and any printout thereof, immediately. Your co-operation is
appreciated.
Le pr?sent courriel (y compris toute pi?ce jointe) s'adresse
uniquement ? son destinataire, qu'il soit une personne ou un
organisme, et pourrait comporter des renseignements privil?gi?s ou
confidentiels. Si vous n'?tes pas le destinataire du courriel, il est
interdit d'utiliser, de revoir, de retransmettre, de distribuer, de
diss?miner, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant ou de vous en servir de toute autre fa?on. Si vous avez re?u le
pr?sent courriel par erreur, pri?re de communiquer avec l'exp?diteur
et d'?liminer l'original du courriel, ainsi que toute copie
?lectronique ou imprim?e de celui-ci, imm?diatement. Nous sommes
reconnaissants de votre collaboration.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 29 Sep 2017 17:01:25 -0400
Subject: RE More Informaion I just called and talked to a young lawyer
named "Alex"
To: info@alandgoldlaw.com
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: David Amos <david.raymond.amos@gmail.com>
Date: Wed, 20 Sep 2017 16:43:22 -0400
Subject: Re: Information The Crown should have shared my files with
you before you contacted me
To: "Davidson, Stephen"<stephen.davidson@saintjohn.ca
jan.jensen@justice.gc.ca, mcu@justice.gc.ca,
Larry.Tremblay@rcmp-grc.gc.ca
Cc: motomaniac333@gmail.com
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"<Brian.Gallant@gnb.ca>
Date: Wed, 19 Oct 2016 17:50:12 +0000
Subject: RE: I just heard on CBC what Justice Drapeau said to the
lawyer Alan Gold Perhaps Mr Gold should send someone to Federal Court
and pull docket no T-1557-15 ASAP N'esy Pas Serge Rouselle?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick.
Please be assured that your email has been received, will be reviewed,
and a response will be forthcoming.
Once again, thank you for taking the time to write.
Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
et qu'une réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous écrire.
Sincerely, / Sincèrement,
Correspondence Manager / Gestionnaire de la correspondance
Office of the Premier / Cabinet du premier ministre
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 19 Oct 2016 13:48:30 -0400
Subject: I just heard on CBC what Justice Drapeau said to the lawyer
Alan Gold Perhaps Mr Gold should send someone to Federal Court and
pull docket no T-1557-15 ASAP N'esy Pas Serge Rouselle?
To: alison.crawford@cbc.ca, garyamiller.gampc@gmail.com, fifth@cbc.ca,
info@alandgoldlaw.com, "ralph.goodale.a1"
<ralph.goodale.a1@parl.gc.ca>, "roger.l.brown"
<roger.l.brown@rcmp-grc.gc.ca>
"Bill.Casey"<Bill.Casey@parl.gc.ca>, "jan.jensen"
<jan.jensen@justice.gc.ca>, wteed <wteed@coxandpalmer.com>,
"serge.rousselle"<serge.rousselle@gnb.ca>, premier <premier@gnb.ca>,
"Robert. Jones"<Robert.Jones@cbc.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
<gopublic@cbc.ca>, "steve.murphy"<steve.murphy@ctv.ca>, nmoore
<nmoore@bellmedia.ca>, "macpherson.don"
<macpherson.don@dailygleaner.
andre <andre@jafaust.com>
http://www.cbc.ca/news/canada/
Drapeau abruptly says he's not suggesting defence should have made
motion for directed verdict. Called for recess.
10:06 AM - 19 Oct 2016
Retweets
On 2/20/16, David Amos <motomaniac333@gmail.com> wrote:
> Alan D. Gold
> Called to the bar: 1973 (ON)
> Gold, Alan D., Professional Corporation
> Ste. 210
> 20 Adelaide St. E.
> Toronto, Ontario M5C 2T6
> Phone: 416-368-1726
> Fax: 416-368-6811
> Email: info@alandgoldlaw.com
>
>
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Tue, 5 Jan 2016 01:05:01 -0400
> Subject: Hey TJ Burke and Louie lafleur January 11th is coming fast Ya
> can't say that your buddies and the Police Commission ain't mentioned
> bigtime in my complaint N'esy Pas Stevey Boy Roberge?
> To: tj@burkelaw.ca, "lou.lafleur"<lou.lafleur@fredericton.ca>,
> jeddy@coxandpalmer.com, oldmaison <oldmaison@yahoo.com>, andre
> <andre@jafaust.com>, sunrayzulu <sunrayzulu@shaw.ca>, "greg.byrne"
> <greg.byrne@gnb.ca>, paulzed@zed.ca, smay@coxandpalmer.com, nbpc
> <nbpc@gnb.ca>, ychoukri@wstephenson.com, "Paul.Harpelle"
> <Paul.Harpelle@gnb.ca>, "Michael.Quinn"
> <Michael.Quinn@electionsnb.ca>
> "Marc.Mayrand"<Marc.Mayrand@elections.ca>, "steve.roberge"
> <steve.roberge@gnb.ca>, Randy.Reilly@fredericton.ca, "Leanne.Fitch"
> <Leanne.Fitch@fredericton.ca>, "serge.rousselle"
> <serge.rousselle@gnb.ca>, "leanne.murray"
> <leanne.murray@mcinnescooper.
> <Paulette.Delaney-Smith@rcmp-
> <Stephen.Horsman@gnb.ca>, infomorningfredericton
> <infomorningfredericton@cbc.ca
> george.filliter@gnb.ca, "hugh.flemming"<hugh.flemming@gnb.ca>,
> national <national@mppac.ca>, "robert.stoney"<robert.stoney@gnb.ca>,
> "Jacques.Poitras"<Jacques.Poitras@cbc.ca>, "ht.lacroix"
> <ht.lacroix@cbc.ca>
> Cc: David Amos <david.raymond.amos@gmail.com>
> Catherine.Harrop@cbc.ca, "redmond.shannon"<redmond.shannon@cbc.ca>,
> Joe Friday <Friday.Joe@psic-ispc.gc.ca>, loyalistlawoffice
> <loyalistlawoffice@yahoo.ca>
>
> Like Hell the NBPC do not get my emails EH?
>
> On 12/30/15, David Amos <david.raymond.amos@gmail.com> wrote:
>
> Happy New Year and Please Enjoy :)
>
> http://www.cbc.ca/news/canada/
>
>
> Stephen Horsman says Police Act to be modernized
> New Brunswick Police Commission is calling for 13 changes to the law
>
> By Jacques Poitras, CBC News Posted: Feb 27, 2015 6:42 AM AT
>
> Public Safety Minister Stephen Horsman says his department is working
> on changes to the Police Act that will modernize the oversight of
> municipal police officers and departments.
>
> Horsman says it’s too early to talk about specific changes, but he
> says officials will "look at the whole act, what needs to be updated,
> what needs to be modernized, to meet the needs of 2015, not the 1960s
> or 1970s."
>
> His comments come after the 2013-14 annual report by the New Brunswick
> Police Commission called for updates to the law.
>
> "We are of the opinion that the time has come to re-open the Police
> Act and to make changes that are necessary to ensure that police
> oversight is in step with current practices across the country," the
> report states.
>
> Horsman, a retired Fredericton city police officer, says the public’s
> expectations of transparency in law enforcement are higher than they
> were when the legislation was written.
>
> "Today, people are more inclined to question or to ask questions about
> their rights, especially dealing with police officers or police
> departments and I applaud them for that. They should be," he says.
> Police commission seeking 13 changes
>
> Steve Roberge, the police commission’s executive director, says the
> organization is looking for 13 changes.
>
> One would allow the commission to extend the time it has to
> investigate a complaint. The law says if it doesn’t complete an
> investigation within six months and send it to arbitration or a
> settlement conference, it loses jurisdiction.
>
> "The problem with that is that some investigations, for example for
> harassment, involve a lot of interviews and many employees and
> witnesses and they take a very long time," Roberge said.
>
> He’d like to see the law changed so that — like the legislation in
> British Columbia — it gives the commission the power to extend the
> time limit in certain cases.
>
> "It’s an issue of fairness, not only to the complainants to make sure
> we do a thorough investigation and not be pressed by time limits, but
> also to the … police officer who’s the subject of the complaint, to
> give them a thorough investigation and ensure we get all the facts
> properly," he says.
>
> Woodstock police
>
> The New Brunswick Police Commission received 64 complaints last year. (CBC)
>
> Another change would let the commission assign multiple investigators
> to complex complaints. At the moment, it can only assign one
> investigator per case.
>
> But some investigations require more people, Roberge says, and "we
> can’t do that under the act."
>
> The commission investigates complaints from the public about the
> conduct of municipal police officers.
>
> The RCMP has its own complaints process that covers its officers, who
> handle policing in areas of New Brunswick without municipal forces.
>
> The commission also has a role in ensuring adequate policing
> throughout the province and must be consulted if a municipality wants
> to cut the number of officers.
>
> The commission’s report also raises a concern that more police
> officers, who are the subject of complaints, are opting out of the
> settlement conference process.
>
> That process allows the complainant, the officer, and the officer’s
> chief of police to deal with the complaint informally, which takes
> less time and costs less money than a full arbitration hearing.
>
> "It’s an efficiency issue. A settlement conference is done locally and
> doesn’t require a lot of expenditures," Roberge said.
>
> It also means the process isn’t public, but Roberge says the
> complainant, the officer, and the officer’s manager are all in the
> settlement conference and know what happens.
>
> It’s the officer’s right to opt out of the settlement conference and
> Roberge says he doesn’t know why they’re doing that.
>
> Roberge says the commission handled a total of 56 files in 2013-14
> containing a total of 64 allegations. Half dealt with alleged abuse of
> authority, fewer than a quarter alleged discreditable conduct, and the
> rest made other allegations such as neglect of duty.
>
> Of the 64 allegations, 13 per cent were dismissed and four per cent
> were withdrawn, while 50 per cent were investigated and didn’t require
> further action.
>
> Sixteen per cent of the complaints were still unresolved at the end of
> 2013-2014 and 17 per cent went to arbitration.
>
> Of the cases that went to arbitration, one led to sanctions against a
> police officer, Roberge said.
>
> In that case, a Woodstock town police officer, Const. John Morrison,
> was suspended for a week without pay after an arbitrator found he had
> abused his authority while off duty.
>
>
>
> ---------- Forwarded message ----------
> From: Police Commission / Commission de police
> <Commissiondepolice.
> Date: Wed, 30 Dec 2015 15:39:10 +0000
> Subject: Automatic reply: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: David Amos <david.raymond.amos@gmail.com>
>
> We are currently out of the office and will return on Monday, January 4th,
> 2016.
>
> Nous sommes présentement hors du bureau et nous serons de retour
> lundi le 4 janvier 2016.
>
>
> ---------- Forwarded message ----------
> From: Don MacPherson <macpherson.don@dailygleaner.
> Date: Wed, 30 Dec 2015 07:39:07 -0800
> Subject: Out of office Re: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: david.raymond.amos@gmail.com
>
> I will be out of the office until Jan. 4. If you have a pressing
> matter you need to discuss with someone at The Daily Gleaner, please
> contact assignment editor Anne Mooers at (506) 458-6441 or email
> news@dailygleaner.com.
>
> --
> Don MacPherson
> The Daily Gleaner
> (506) 458-6479
>
>
> ---------- Forwarded message ----------
> From: "LaBonte, Luc (OAG/CPG)"<Luc.LaBonte@gnb.ca>
> Date: Wed, 30 Dec 2015 15:39:08 +0000
> Subject: Automatic reply: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: David Amos <david.raymond.amos@gmail.com>
>
> I will out of the office until January 4, 2016. I will periodically
> check my e-mails, however, expect delays for responses. Should you
> have an emergency, please contact 506-453-2784.
>
> Je serai absent du bureau jusqu'au 4 janvier 2016. Je vérifirai mon
> courriel de temps en temps mais il y aura un délai pour les réponses.
> Si vous avez une urgence, s.v.p. veuillez contacter le 506-453-2784.
>
>
---------- 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
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?
Vertias Vincit
David Raymond Amos
902 800 0369
---------- Forwarded message ----------
From: "Kulik, John"<john.kulik@mcinnescooper.com>
Date: Thu, 18 May 2017 17:37:49 +0000
Subject: McInnes Cooper
To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>,
"david.raymond.amos@gmail.com"<david.raymond.amos@gmail.com>
Dear Mr. Amos:
I am General Counsel for McInnes Cooper. If you need to communicate
with our firm, please do so through me.
Thank you.
John Kulik
[McInnes Cooper]<http://www.
John Kulik Q.C.
Partner & General Counsel
McInnes Cooper
tel +1 (902) 444 8571 | fax +1 (902) 425 6350
1969 Upper Water Street
Suite 1300
Purdy's Wharf Tower II Halifax, NS, B3J 2V1
asst Cathy Ohlhausen | +1 (902) 455 8215
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense. Avis Les informations contenues
dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont
confidentielles et peuvent faire l'objet d'un privilège avocat-client.
Les informations sont dirigées au(x) destinataire(s) seulement. Si
vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur
par courriel ou par téléphone, aux frais de McInnes Cooper.
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://www.cbc.ca/news/world/
As the CBC etc yap about Yankee wiretaps and whistleblowers I musta sk
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?
---------- Original message ----------
From: "Finance Public / Finance Publique (FIN)"
<fin.financepublic-
Date: Fri, 10 Feb 2017 22:05:00 +0000
Subject: RE: Yo President Trump RE the Federal Court of Canada File No
T-1557-15 lets see how the media people do with news that is NOT FAKE
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
http://archive.org/details/
http://davidamos.blogspot.ca/
http://www.archive.org/
https://archive.org/details/
http://www.archive.org/
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: Tue, 14 Feb 2017 10:51:14 -0400
Subject: RE FATCA, NAFTA & TPP etc ATTN President Donald J. Trump I
just got off the phone with your lawyer Mr Cohen (646-853-0114) Why
does he lie to me after all this time???
To: president <president@whitehouse.gov>, mdcohen212@gmail.com, pm
<pm@pm.gc.ca>, Pierre-Luc.Dusseault@parl.gc.
<MulcaT@parl.gc.ca>, Jean-Yves.Duclos@parl.gc.ca,
B.English@ministers.govt.nz, Malcolm.Turnbull.MP@aph.gov.au
pminvites@pmc.gov.au, mayt@parliament.uk, press
<press@bankofengland.co.uk>, "Andrew.Bailey"
<Andrew.Bailey@fca.org.uk>,
fin.financepublic-
<newsroom@globeandmail.ca>, "CNN.Viewer.Communications.
<CNN.Viewer.Communications.
<news-tips@nytimes.com>, lionel <lionel@lionelmedia.com>
Cc: David Amos <david.raymond.amos@gmail.com>
elizabeth.thompson@cbc.ca, "justin.ling@vice.com, elizabeththompson"
<elizabeththompson@ipolitics.
"Bill.Morneau"<Bill.Morneau@canada.ca>, postur <postur@for.is>,
stephen.kimber@ukings.ca, "steve.murphy"<steve.murphy@ctv.ca>,
"Jacques.Poitras"<Jacques.Poitras@cbc.ca>, oldmaison
<oldmaison@yahoo.com>, andre <andre@jafaust.com>
---------- Original message ----------
From: Michael Cohen <mcohen@trumporg.com>
Date: Tue, 14 Feb 2017 14:15:14 +0000
Subject: Automatic reply: RE FATCA ATTN Pierre-Luc.Dusseault I just
called and left a message for you
To: David Amos <motomaniac333@gmail.com>
Effective January 20, 2017, I have accepted the role as personal
counsel to President Donald J. Trump. All future emails should be
directed to mdcohen212@gmail.com and all future calls should be
directed to 646-853-0114.
______________________________
This communication is from The Trump Organization or an affiliate
thereof and is not sent on behalf of any other individual or entity.
This email may contain information that is confidential and/or
proprietary. Such information may not be read, disclosed, used,
copied, distributed or disseminated except (1) for use by the intended
recipient or (2) as expressly authorized by the sender. If you have
received this communication in error, please immediately delete it and
promptly notify the sender. E-mail transmission cannot be guaranteed
to be received, secure or error-free as emails could be intercepted,
corrupted, lost, destroyed, arrive late, incomplete, contain viruses
or otherwise. The Trump Organization and its affiliates do not
guarantee that all emails will be read and do not accept liability for
any errors or omissions in emails. Any views or opinions presented in
any email are solely those of the author and do not necessarily
represent those of The Trump Organization or any of its
affiliates.Nothing in this communication is intended to operate as an
electronic signature under applicable law.
---------- Forwarded message ----------
From: "MacKay, Peter"Peter.MacKay@bakermckenzie.com
Date: Thu, 27 Apr 2017 14:39:17 +0000
Subject: Automatic reply: YO Minister Jean-Yves.Duclos Once again you
are welcome Now how about the RCMP, the LIEbranos and all the other
parliamentarians start acting with some semblance of Integrity after
all these years?
To: David Amos motomaniac333@gmail.com
Thank you for your email. I am currently out of the office attending
meetings and have limited access to email and voicemail. If your
matter is urgent, or if you require assistance, please contact my
assistant, Nicole Bruni at nicole.bruni@bakermckenzie.com or at (416)
865-3861.
This message may contain confidential and privileged information. If
it has been sent to you in error, please reply to advise the sender of
the error and then immediately delete this message. Please visit
www.bakermckenzie.com/
concerning this message.
---------- Forwarded message ----------
From: Premier PREMIER@gov.ns.ca
Date: Tue, 15 Apr 2014 05:38:11 +0000
Subject: Automatic reply: [PROBABLE-SPAM] RE Corrupt cops ignoring
Sections 300 and 319 Sexual Harassment and Death threats and of course
Glen Canning;s concern about Barry Winter and butt Buddy Patrick Doran
To: David Amos motomaniac333@gmail.com
Thank you for your email to Premier McNeil.
This is an automatic confirmation your email has been received.
Warmest Regards,
Premier's Correspondence Unit
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Sun, 23 Apr 2017 19:12:04 -0400
Subject: Attn Bob Paulson and Jan Jensen et al Re A call from Cst
Woodman (506 851 7878) today As I said to him I look forward to
meeting you RCMP dudes in Federal Court
To: bob.paulson@rcmp-grc.gc.ca, cathyc@ccca-cba.org,
Larry.Tremblay@rcmp-grc.gc.ca, dwayne.woodman@rcmp-grc.gc.ca,
jan.jensen@justice.gc.ca
Cc: david.raymond.amos@gmail.com, Jody.Wilson-Raybould@parl.gc.
hon.ralph.goodale@canada.ca
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 19 Apr 2017 15:17:31 -0400
Subject: Attn Assistant Commissioner Larry Tremblay, Commanding
Officer, New Brunswick I just called and left a message for you
To: Larry.Tremblay@rcmp-grc.gc.ca, Dale.Morgan@rcmp-grc.gc.ca,
dale.drummond@rcmp-grc.gc.ca
Cc: david.raymond.amos@gmail.com, Gilles.Blinn@rcmp-grc.gc.ca,
CRAIG.DALTON@gnb.ca
http://www.rcmp-grc.gc.ca/en/
Assistant Commissioner Larry Tremblay, Commanding Officer, New Brunswick
Larry TremblayAssistant Commissioner Larry Tremblay joined the Royal
Canadian Mounted Police in 1985 from Montreal, Quebec. Prior to
joining the Force, he served nearly four years in the Royal Canadian
Navy.
A/Commr. Tremblay began his RCMP career in New Brunswick, where he
spent 11 years occupying positions in general duty, covert operations
and drug enforcement across the province. Prior to joining the
executive ranks in 2002 with A Division's (Ottawa Region) Combined
Forces Special Enforcement Unit/Drug Section, he completed a series of
assignments related to federal enforcement and specialized services in
Regina, Milton, Ontario and Ottawa.
Between 2004 and 2008, A/Commr. Tremblay had the unique opportunity to
be seconded to CSIS, where he developed expertise in counter
proliferation and terrorism. Upon his return to the RCMP, he was
assigned to Federal Policing Criminal Operations as the Director
General responsible for National Security, Financial Crimes and
Serious Organized Crime investigations until 2014. Following this
role, he became the Criminal Operations and Protective officer at
National Division (Ottawa Region), where he was responsible for
sensitive and international investigations as well as the security of
Canada's Prime Minister, Governor General and Parliament Hill.
In 2015, A/Commr. Tremblay returned to Headquarters as Assistant
Commissioner of Federal Policing Strategic Policy & External
Relations. In this strategic advisor role, he led initiatives aimed at
maximizing the impact of RCMP programs, enhancing relationships with
domestic and international partners, as well as prevention
initiatives.
In 2016, A/Commr. Tremblay was appointed the 30th Commanding Officer
of the RCMP in New Brunswick.
A/Commr. Tremblay has received several medals and commendations
throughout his career for his dedication to excellence in policing. He
was granted The Order of Merit of the Police Forces from the Governor
General, His Excellency the Right Honourable David Johnston, in 2014.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 12 Apr 2017 21:27:19 -0400
Subject: I repeat Mr Jensen have you contacted the RCMP and the FBI YET?
To: jan.jensen@justice.gc.ca, Michael.Kowalchuk@cas-satj.gc.
bill.pentney@justice.gc.ca, mcu@justice.gc.ca,
Jody.Wilson-Raybould@parl.gc.
Gilles.Blinn@rcmp-grc.gc.ca, James.Comey@ic.fbi.gov,
washington.field@ic.fbi.gov, marc.giroux@fja-cmf.gc.ca,
Norman.Sabourin@cjc-ccm.gc.ca, info@gg.ca, serge.rousselle@gnb.ca,
david.eidt@gnb.ca, premier@gnb.ca, blaine.higgs@gnb.ca,
Dominic.Cardy@gnb.ca, David.Coon@gnb.ca, david@lutz.nb.ca,
mark.vespucci@ci.irs.gov
Cc: david.raymond.amos@gmail.com, hon.ralph.goodale@canada.ca,
Hon.Dominic.LeBlanc@canada.ca, hon.melanie.joly@canada.ca,
speaker.president@parl.gc.ca, speaker@leg.bc.ca, geoff@geoffregan.ca,
heather.bradley@parl.gc.ca, pm@pm.gc.ca, mcohen@trumporg.com,
president@whitehouse.gov, Bill.Casey@parl.gc.ca,
Pam.Goldsmith-Jones@parl.gc.ca
Catherine.Harrop@cbc.ca, Catherine.McKenna@parl.gc.ca,
Frank.McKenna@td.com, premier@gov.bc.ca, Gerald.Butts@pmo-cpm.gc.ca,
Michael.Wernick@pco-bcp.gc.ca
http://davidraymondamos3.
---------- Original message ----------
From: Jody.Wilson-Raybould@parl.gc.
Date: Wed, 12 Apr 2017 14:31:32 +0000
Subject: Automatic reply: Re the CROWN'S SECOND QUERY about a Joint
Book of Authorites for its Cross Appeal within the Federal Court of
Appeal File No. A-48-16
To: motomaniac333@gmail.com
Thank you for writing to the Honourable Jody Wilson-Raybould, Member
of Parliament for Vancouver Granville and Minister of Justice and
Attorney General of Canada.
Due to the significant increase in the volume of correspondence
addressed to the Hon. Jody Wilson-Raybould, please note that there may
be a delay in processing your email. Rest assured that your message
will be carefully reviewed.
-------------------
Merci d'avoir ?crit ? l'honourable Jody Wilson-Raybould, d?put?e pour
Vancouver Granville et ministre de la justice et procureur g?n?ral du
Canada.
En raison d'une augmentation importante du volume de la correspondance
adress?e ? l'honorable Jody Wilson-Raybould, veuillez prendre note
qu'il pourrait y avoir un retard dans le traitement de votre courriel.
Nous tenons ? vous assurer que votre message sera lu avec soin.
http://davidraymondamos3.
Monday, 17 April 2017
Does anyone remember my phone calls, Tweets, blogs and emails to
Viktor Orbán the Hungarian Prime Minister about my old politcal
enemies Iggy and George Soros et al
On 9/20/17, Davidson, Stephen <stephen.davidson@saintjohn.ca
> Mr. Amos,
>
> On September-17, 2017, I was made aware that you placed a call to Mr. Paul
> Veniot, a lawyer with Public Prosecutions, and left a voicemail (attached to
> this email) on September 15th, 2017, regarding something that you had read
> about in the news. In your message you are heard saying, "You guys got
> some problems to iron out for me, for my friend's son, again. I think I'm
> one of those problems."
>
> I can only assume that you are referring to the upcoming re-trial of Dennis
> Oland, please correct me if I am wrong. If so, as the investigator assigned
> to this case, I am required to follow up on your comments as to what you are
> referring to in your message to Mr. Veniot, for any potential information
> you may have relating to the case, or upcoming trial.
>
> If you could, please provide me with the information you may have via email,
> postal service, in person or telephone. The particulars for contact are
> listed below,
>
> Thank you,
>
> Saint John Police Headquarters: One Peel Plaza, Saint John New Brunswick
> Mailing address: Saint John Police Force, c/o Cst. Stephen Davidson - PO Box
> 1971, One Peel Plaza, Saint John New Brunswick E2L 4L1
> Major Crime Unit:(506) 648 3211
>
> This e-mail communication (including any or all attachments) is
> intended only for the use of the person or entity to whom it is addressed
> and may contain confidential and/or privileged material. If you are not the
> intended recipient of this e-mail, any use, review, retransmission,
> distribution, dissemination, copying, printing, or other use of, or taking
> of any action in reliance upon this e-mail, is strictly prohibited. If you
> have received this e-mail in error, please contact the sender and delete the
> original and any copy of this e-mail and any printout thereof, immediately.
> Your co-operation is appreciated.
>
>
> Le pr?sent courriel (y compris toute pi?ce jointe) s'adresse
> uniquement ? son destinataire, qu'il soit une personne ou un organisme, et
> pourrait comporter des renseignements privil?gi?s ou confidentiels. Si vous
> n'?tes pas le destinataire du courriel, il est interdit d'utiliser, de
> revoir, de retransmettre, de distribuer, de diss?miner, de copier ou
> d'imprimer ce courriel, d'agir en vous y fiant ou de vous en servir de toute
> autre fa?on. Si vous avez re?u le pr?sent courriel par erreur, pri?re de
> communiquer avec l'exp?diteur et d'?liminer l'original du courriel, ainsi
> que toute copie ?lectronique ou imprim?e de celui-ci, imm?diatement. Nous
> sommes reconnaissants de votre collaboration.
>
https://davidraymondamos3.blogspot.com/2017/11/federal-court-of-appeal-finally-makes.html
https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do
Amos v. Canada
https://davidraymondamos3.blogspot.com/2017/11/on-all-hallows-eve-many-feds-and-many.html
---------- Original message ----------
From: Michael GIBBS michael.p.gibbs@rcmp-grc.gc.ca
Date: Thu, 02 Nov 2017 18:56:59 -0400
Subject: Re: Fwd: On all Hallows Eve many FEDS and many ghosts knew I saw RED not just the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis Banks (Out of Office)
To: David Amos motomaniac333@gmail.com
I will away from my office until Nov 13th. In my absence Insp John Sutherland will be the acting District Commander.
Thanks,
Mike
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 2 Nov 2017 18:56:50 -0400
Subject: Fwd: On all Hallows Eve many FEDS and many ghosts knew I saw RED not just the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis Banks
To: info@murphyslegal.ca, Gunther.Schonfeldt@cpc-cpp.gc.ca, ian.mcphail@crcc-ccetp.gc.ca, dean.buzza@rcmp-grc.gc.ca, Frank.McKenna@td.com, angelina.irinici@bellmedia.ca,
Michael.p.gibbs@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca, hon.ralph.goodale@canada.ca, Charles.Hamilton@cbc.ca
Cc: David Amos
http://www.rcmp-grc.gc.ca/en/member-conduct
Member conduct
•Conduct process overview
•Conduct hearing schedule
•Amended RCMP Act
•Annual report
•Report on Allegations of Harassment and Sexual Misconduct at the
RCMP's Canadian Police College Explosives Training Unit - July 14,
2016
Public trust is essential for the RCMP to effectively serve and
protect Canadians. As a result, RCMP employees must conduct themselves
in a manner that not only meets, but exceeds, the rightfully high
expectations of Canadians.
RCMP members are subject to the same laws as all Canadian citizens. In
addition, member conduct is guided by the Code of Conduct of the Royal
Canadian Mounted Police (Code of Conduct). RCMP members are subject to
this Code of Conduct both on and off-duty, in Canada and abroad.
Contraventions of the Code of Conduct are taken seriously and the RCMP
is committed to handling conduct issues in a timely, efficient and
fair manner.
A new Code of Conduct and conduct process were developed in support of
the amended RCMP Act which came into force on November 28, 2014. The
new conduct process allows misconduct to be addressed in a more
responsive, timely and effective manner, and at the lowest appropriate
level. Emphasis is placed on identifying remedial, corrective and
educative solutions, rather than being limited to applying punitive
sanctions.
Conduct hearings
Conduct hearings are initiated in cases where the member's dismissal
is being sought based on the overall circumstances of the allegations.
Conduct hearings are formal, court-like processes that are held before
a board of one or more persons. Boards have the legal authority to
hear evidence, such as sworn testimony, to make determinations as
required and, if the contravention(s) is established, to administer
various conduct measures including dismissal.
Conduct hearings are open to the public. Hearing dates, times, and
locations, are available on the hearing schedule site.
Written board decisions
To request a copy of a written board decision, send an email to:
RCMP.AdjudicationRegistrar-GreffierArbitrage.GRC@rcmp-grc.gc.ca.
Please note that requests are generally addressed in order in which
they are received.
http://www.cbc.ca/news/canada/saskatchewan/colten-boushie-investigation-rcmp-1.4383816
RCMP clears itself of misconduct in Colten Boushie investigation
Family lawyer vows to appeal, says Mounties were wrong to surround family home
By Charles Hamilton, CBC News Posted: Nov 02, 2017 9:53 AM CT
"The family's lawyer said he plans to appeal to the Civilian Review
and Complaints Commission for the RCMP.
Boushie, 22, was killed on a farm near Biggar, Sask. in August 2016. (Facebook)
"There would have been other ways for the RCMP to notify Debbie
Baptiste of the death of her son," Chris Murphy said.
Murphy said the search of Baptiste's home was based on "complete
speculation" that an armed individual was inside.
"The police [didn't] have any reliable information," he said. "
http://saskatoon.ctvnews.ca/when-victims-families-hire-lawyers-chris-murphy-s-role-in-the-boushie-case-1.3360098
When victims’ families hire lawyers: Chris Murphy’s role in the Boushie case
Angelina Irinici, Published Friday, April 7, 2017 7:09PM CST
http://www.murphyslegal.ca/profile.php
As a criminal lawyer, drug prosecutor and civil litigator, I have
conducted hundreds of trials. Since becoming a criminal defence lawyer
in Toronto in 2004, I have successfully defended clients charged with
first-degree murder, and have earned dismissals on less serious
charges such as attempted murder, criminal negligence causing death,
impaired operation of a motor vehicle causing bodily harm, aggravated
assault, and multi-kilogram-level drug trafficking. I have appeared at
the Supreme Court of Canada, and have conducted numerous appeals at
the Ontario Court of Appeal.
I am a former drug prosecutor with the Department of Justice Canada.
Before becoming a prosecutor, I acted as a judicial law clerk at the
Supreme Court of British Columbia and assisted Superior Court justices
in deciding the issues raised during criminal proceedings. I also
practiced civil litigation at a firm of some 150 lawyers in Calgary,
Alberta. In addition, I served as a special constable with the Royal
Canadian Mounted Police.
I received a Bachelor of Laws with Distinction from the University of
Saskatchewan in 2000. In 1997, I graduated from the University of
British Columbia with a Masters of Arts degree. I had previously
graduated from the U of S in 1994 with a Bachelor of Arts Degree with
High Honours. In 2004, I received a Certificate in International
Criminal Law from Salzburg Law School.
161 Bay St.,
Suite #2900
Toronto, Ontario
M5J 2S1
t. 416.306.2956
f. 416.362.8410
info@murphyslegal.ca
---------- Forwarded message ----------
From: David Amos
Date: Thu, 2 Nov 2017 16:21:31 -0400
Subject: On all Hallows Eve many FEDS and many ghosts knew I saw RED
not just the ghosts of Anna Mae Pictou Aquash and her old lover boy
Dennis Banks
To: PREMIER@novascotia.ca, OAA@novascotia.ca, bbachrach@bachrachlaw.net, jamiebaillie@gov.ns.ca, Hon.Chrystia.Freeland@canada.ca,
carolyn.bennett@parl.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca, Dale.Morgan@rcmp-grc.gc.ca, dale.drummond@rcmp-grc.gc.ca, David.Coon@gnb.ca,
washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca
Cc: David Amos
http://davidraymondamos3.blogspot.ca/2017/11/on-all-hallows-eve-many-feds-and-many.html
Thursday, 2 November 2017
On all Hallows Eve many FEDS and many ghosts knew I saw RED not just
the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis
Banks
http://davidraymondamos3.blogspot.ca/2017/11/methinks-rcmp-fbi-dhs-and-lot-od.html
Wednesday, 1 November 2017
Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be
concerned about this transcript
"Now I have a bone to pick with many judges in federal court and a lot
in the Court of Queen's Bench of New Brunswick, but not all. And not
every judge or every lawyer is a crook. Some of them are actually
friends of mine. Only problem I have with them is they think I can't
pull this off. That the system is just too powerful. Well could be.
Call me crazy if you wish, I can be as crazy as I want to be. How do
you explain my having FBI wiretap tapes of the mob and three weeks
after he mentioned about me being in federal court, the outgoing
Commissioner of the R.C.M.P. said beware of the mob. Bob Paulson said
that"
---------- Original message ----------
From: Newsroom newsroom@globeandmail.com
Date: Thu, 2 Nov 2017 19:33:26 +0000
Subject: Automatic reply: Yo Premie Stevey Boy McNeil RE the Demise of Anna Mae Pictou Aquash's lover boy Dennis Banks Say Hoka Hey to my former Yankee friend Barry Bacjrach for me will ya?
To: David Amos motomaniac333@gmail.com
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical support, please contact our Customer Service department at 1-800-387-5400 or send an email to customerservice@globeandmail.com
If you are reporting a factual error please forward your email to publiceditor@globeandmail.com
Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and press releases.
http://www.cbc.ca/news/indigenous/indigenous-activist-dennis-banks-dead-1.4378756
![In a Friday, May 14, 2010 photo, American Indigenous activist Dennis Banks waits to board a canoe to spread a net on Lake Bemidji near Bemidji, Minn., during an American Indian treaty rights protest. Banks, a co-founder of the American Indian Movement and a leader of the 1973 Wounded Knee occupation, died Sunday night at the Mayo Clinic in Rochester, Minn.]()
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 2 Nov 2017 15:33:18 -0400
Subject: Yo Premie Stevey Boy McNeil RE the Demise of Anna Mae Pictou Aquash's lover boy Dennis Banks Say Hoka Hey to my former Yankee friend Barry Bacjrach for me will ya?
To: PREMIER@novascotia.ca, OAA@novascotia.ca, bbachrach@bachrachlaw.net, jamiebaillie@gov.ns.ca, Hon.Chrystia.Freeland@canada.ca, carolyn.bennett@parl.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca,
Dale.Morgan@rcmp-grc.gc.ca, dale.drummond@rcmp-grc.gc.ca, David.Coon@gnb.ca, washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca
Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca, newsroom@globeandmail.ca, news@kingscorecord.com, news-tips news-tips@nytimes.com, law@stevenfoulds.ca, bob.rae@rogers.blackberry.net, oldmaison@yahoo.com, andre andre@jafaust.com, leader@greenparty.ca, PETER.MACKAY@bakermckenzie.com, Marc.Litt@bakermckenzie.com
Trust that I called all three off your offices and lots of others as well
http://nslegislature.ca/index.php/people/members/Stephen_McNeil
Stephen McNeil
Office of the Premier
7th Floor, One Government Place
1700 Granville Street
Halifax, Nova Scotia
B3J 1X5
Phone: 902-424-6600
PREMIER@novascotia.ca
Intergovernmental Affairs
5251 Duke St., 5th Floor
P.O. Box 1617
Halifax, NS
B3J 2Y3
Phone: 902-424-5153
PREMIER@novascotia.ca
Aboriginal Affairs
Phone: 902-424-7409
OAA@novascotia.ca
http://news.bbc.co.uk/2/hi/americas/3654785.stm
Native American prisoner to fight on
by Chris Summers
BBC News Online
Native American activist Leonard Peltier has spent 28 years in prison
for a crime he says he did not commit - the cold-blooded murder of two
FBI agents on an Indian reservation in the summer of 1975. On Friday,
as another activist was jailed for life for a murder on the same
reservation, BBC News Online spoke to Peltier's lawyer Barry Bachrach.
"Mr Bachrach said: "We are not going to go away. This is an injustice
and a government cover-up and we are just not going to go away until
Leonard is released and even when he is released we will not go away."
He recently wrote to the US Congress asking them to widen an
investigation into FBI misconduct in Boston, Massachusetts (involving
mafia boss James "Whitey" Bulger) to include alleged misconduct among
FBI agents in South Dakota in the 1970s. "
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
https://www.youtube.com/watch?v=G6Zhm5L51XU
Investigative Reporting, the Murder of Annie Mae by members of AIM
Paul DeMain
Published on Nov 24, 2016
During the 2011 Native American Journalists Association national
conference held Florida, panelist Attorney Barry Bachrach, (who once
represented Leonard Peltier), journalist Paul DeMain and the daughter
of Annie Mae Aquash discuss the murder of Annie Mae Pictou Aquash by
members of the American Indian Movement in 1975. Leadership members
of AIM, came to believe that Aquash may have been in informant, and
Peltier had bragged to Aquash about killing FBI agent Ron Williams at
close range. Aquash also knew about the 1973 murder of black civil
rights activist Perry Ray Robinson inside Wounded Knee 1973 by an AIM
security crew that, included Carter Camp, Dennis Banks, Stan Holder
and Leonard Crow Dog.
https://www.nytimes.com/2014/04/27/magazine/who-killed-anna-mae.html
Who Killed Anna Mae?
By ERIC KONIGSBERG APRIL 25, 2014
http://www.nativesunnews.today/news/2016-04-20/Voices_of_the_People/Dennis_Banks_professes_love_for_Anna_Mae.html
Dennis Banks professes love for Anna Mae | www.nativesunnews ...
20 Apr 2016 ... RAPID CITY –– Twenty-eight years after the body of
Mi'kmaq Indian Activist Anna Mae Pictou Aquash was found near Wanblee
on the Pine ...
http://www.cbc.ca/news/indigenous/indigenous-activist-dennis-banks-dead-1.4378756
American Indigenous activist Dennis Banks dead at 80.
The Associated Press Posted: Oct 30, 2017 2:27 PM ET|
http://www.cbc.ca/player/play/1086550083983
Missing & Murdered Indigenous Women & Girls (MMIWG) report, Cabaret
law, Dennis Banks obit (Part 3)
As It Happens
November 1, 2017
Season 2017, Episode 300310969
Missing & Murdered Indigenous Women & Girls (MMIWG) report, For the
Record: plastic fish, Cabaret law, Dennis Banks obit, Amsterdam beer
bike ban
---------- Forwarded message ----------
From: "MinFinance / FinanceMin (FIN)" fin.minfinance-financemin.fin@canada.ca
Date: Mon, 18 Sep 2017 16:00:40 +0000
Subject: RE: So Stephen McGrath if not you then just exactly who sent
me this latest email from your office?
To: David Amos motomaniac333@gmail.com
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 18 Sep 2017 12:00:35 -0400
Subject: Re: So Stephen McGrath if not you then just exactly who sent
me this latest email from your office?
To: PREMIER@gov.ns.ca, jamiebaillie@gov.ns.ca, justmin@gov.ns.ca>,
StephenMcNeil@ns.aliantzinc.ca, terry.seguin@cbc.ca,
Jacques.Poitras@cbc.ca, steve.murphy@ctv.ca, nmoore@bellmedia.ca, David.Akin@globalnews.ca, Davidc.Coon@gmail.com, Bill.Morneau@canada.ca, Dominic.Cardy@gnb.ca>, atlantic.director@taxpayer.com, blaine.higgs@gnb.ca, BrianThomasMacdonald@gmail.com, mike.obrienfred@gmail.com, premier@gnb.ca, briangallant10@gmail.com, classaction@wagners.co, oldmaison@yahoo.com, leanne.murray@mcinnescooper.com, jbosnitch@gmail.com
Cc: david.raymond.amos@gmail.com, ronald.j.macdonald@novascotia.ca, dpink@nsbs.org, michael.comeau@gnb.ca, JUSTWEB@novascotia.ca
On 9/18/17, David Amos motomaniac333@gmail.com wrote:
> ---------- Forwarded message ----------
> From: Justice Website JUSTWEB@novascotia.ca
> Date: Mon, 18 Sep 2017 14:21:11 +0000
> Subject: Emails to Department of Justice and Province of Nova Scotia
> To: motomaniac333@gmail.com
>
> 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
>
>
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 8 Aug 2013 18:11:05 -0300
Subject: Yo Chucky Baby your old buddy Conrad Mead thinks I am joking
about MURDER and death threats
To: oldmaison@yahoo.com, info@957thewolf.ca,
bernadine.chapman@rcmp-grc.gc.ca, police@fredericton.ca, Leanne.Fitch@fredericton.ca, minister@aadnc-aandc.gc.ca, Jacques.Poitras@cbc.ca
Cc: david.raymond.amos@gmail.com
http://charlesotherpersonality.blogspot.ca/2013/08/all-news-staff-from-khj-radio-in.html
Conrad Mead said...
They can come work for me at CKTP radio "the Wolf". I don't pay
much but I do need a news team. The station is under a native licence
but we play blues music 24/7.
11:40 AM, August 08, 2013
1036 McLeod Hill Road McLeod Hill NB E3G 6J7 Canada
Email: info@957thewolf.ca
Phone: (506) 474-2795
Fax: (506) 206-3301
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Sat, 15 Jun 2013 02:40:18 -0300
Subject: YO FBI Special Agent Richard Deslauriers I just called your
office and the nasty Yankee played dumb as usual
To: boston@ic.fbi.gov, washington.field@ic.fbi.gov, bob.paulson@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca, Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com, bbachrach@bachrachlaw.net
Cc: david.raymond.amos@gmail.com, birgittaj@althingi.is, shmurphy@globe.com, redicecreations@gmail.com
Clearly I am not joking
Just Dave
By Location Visit Detail
Visit 19,571
Domain Name (Unknown)
IP Address 153.31.113.# (FBI Criminal Justice Information Systems)
ISP FBI Criminal Justice Information Systems
Location Continent : North America
Country : United States (Facts)
State : West Virginia
City : Clarksburg
Lat/Long : 39.2664, -80.3097 (Map)
Language English (U.S.) en-us
Operating System Microsoft WinXP
Browser Internet Explorer 8.0
Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
CLR 2.0.50727; .NET CLR 3.0.04506.648; .NET CLR 3.5.21022; InfoPath.2;
.NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; .NET CLR 1.1.4322; MS-RTC
LM 8; .NET4.0C; .NET4.0E)
Javascript version 1.3
Monitor Resolution : 800 x 600
Color Depth : 32 bits
Time of Visit Jun 12 2013 5:00:01 pm
Last Page View Jun 12 2013 5:00:01 pm
Visit Length 0 seconds
Page Views 1
Referring URL http://www.google.co...YIZDuTIWsfuPUhflswCk
Search Engine google.com
Search Words jp morgan and "andrew kosloff"
Visit Entry Page http://davidamos.blo...-stewart-and-me.html
Visit Exit Page http://davidamos.blo...-stewart-and-me.html
Out Click
Time Zone UTC-5:00
Visitor's Time Jun 12 2013 4:00:01 pm
Visit Number 19,571
On 6/15/13, David Amos motomaniac333@gmail.com wrote:
> FBI Boston
> One Center Plaza
> Suite 600
> Boston, MA 02108
> Phone: (617) 742-5533
> Fax: (617) 223-6327
> E-mail: Boston@ic.fbi.gov
>
> Hours
> Although we operate 24 hours a day, seven days a week, our normal
> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
> through Friday. If you need to speak with a FBI representative at any
> time other than during normal business hours, please telephone our
> office at (617) 742-5533.
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 10 Jun 2013 01:20:20 -0300
> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
> finally underway now correct? What the hell do I do with the wiretap
> tapes Sell them on Ebay?
> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
> Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com,
> bbachrach@bachrachlaw.net, michael wolfheart
> wolfheartlodge@live.com, jonathan.albano@bingham.com,
> shmurphy@globe.com, mvalencia@globe.com
> Cc: David Amos david.raymond.amos@gmail.com,
> oldmaison@yahoo.com, PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>
> http://www.bostonglobe.com/metro/2013/06/05/james-whitey-bulger-jury-selection-process-enters-second-day/KjS80ofyMMM5IkByK74bkK/story.html
>
> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>
> 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?v=vugUalUO8YY
>
> 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/ITriedToExplainItToAllMaritimersInEarly2006
>
> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>
> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>
> http://archive.org/details/Part1WiretapTape143
>
> 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
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: "Fred.Wyshak" Fred.Wyshak@usdoj.gov; "jcarney"
> jcarney@carneybassil.com; Brian.Kelly@usdoj.gov;
> us.marshals@usdoj.gov
> Cc: edit@thr.com; maritime_malaise@yahoo.ca;
> "Wayne.Lang" Wayne.Lang@rcmp-grc.gc.ca
> Sent: Monday, January 09, 2012 11:50 AM
> Subject: So Fred Wyshak has Brian Kelly and the rest of the corrupt
> Feds practiced the spirit of fill disclosure with Jay Carney??
>
> If so then why didn't Mr Carney return my phone calls last July???
> http://www.boston.com/news/local/massachusetts/articles/2012/01/09/bulger_lawyers_due_in_court_for_update_on_evidence/
>
> http://www.abajournal.com/news/article/lawyer_known_as_patron_saint_of_hopeless_cases_is_representing_whitey_bulge/
>
> http://bostonherald.com/news/regional/view/2011_0625lawyer_tab_is_in_billys_court_feds_believe_brother_should_shell_out_for_defense
>
> http://articles.boston.com/2011-07-01/news/29726987_1_jay-carney-bulger-brookline-clinics
>
> http://carneybassil.com/team/carney/
>
> Truth is stranger than fiction. Perhaps Ben Affleck and Matt Damon a
> couple of boyz from Beantown who done good will pay attention to mean
> old me someday EH?
>
> http://www.hollywoodreporter.com/news/ben-affleck-matt-damon-whitey-bulger-254994
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> SOMEBODY SHOULD ASK THE CBC AND THE COPS A VERY SIMPLE QUESTION.
>
> WHY was Byron Prior and I banned from parliamentry properties while I
> running for a seat in parliament in 2004 2 whole YEARS before the
> mindless nasty French Bastard Chucky Leblanc was barred in NB and yet
> the CBC, the Fat Fred City Finest and the RCMP still deny anything
> ever happened to this very day even though Chucky and his pals have
> blogged about it???
>
> http://www.cbc.ca/news/canada/new-brunswick/story/2006/06/20/nb-bloggerbanned20060620.html
>
> http://qslspolitics.blogspot.ca/2008/06/david-amos-vs-fat-fred-citys-finest.html
>
> http://qslspolitics.blogspot.ca/2008/04/david-amos-nb-nwo-whistleblower-part-3.html
>
> http://qslspolitics.blogspot.com/2008/07/feds-institutionalize-determined-nb.html
>
> Did anybody bother to listen to me explain things to the Police
> Commissioners in 2004?
>
> http://archive.org/details/NewBrunswickPoliceCommission
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sun, 9 Jun 2013 21:56:57 -0300
> Subject: Re Yankee Feds Please allow me to be brief with the crooks in
> Wikileaks and the Guardian EH Birgitta and Ed Pilkington?
> To: "Fred.Wyshak" Fred.Wyshak@usdoj.gov, "john.warr"
> john.warr@rcmp-grc.gc.ca, redicecreations@gmail.com, birgittaj
> birgittaj@althingi.is, Piratar piratar@pirateparty.is,
> "ed.pilkington" ed.pilkington@guardian.co.uk, janice.smith@cbc.ca,
> camilla.inderberg@cbc.ca, "david.akin" david.akin@sunmedia.ca,
> Alan.Dark@cbc.ca, newsonline newsonline@bbc.co.uk, "John.Williamson"
> John.Williamson@parl.gc.ca
> Cc: David Amos david.raymond.amos@gmail.com, aih aih@cbc.ca,
> news-tips news-tips@nytimes.com, "bob.paulson"
> bob.paulson@rcmp-grc.gc.ca, "Gilles.Blinn" Gilles.Blinn@rcmp-grc.gc.ca
>
> http://www.guardian.co.uk/world/2013/jun/09/edward-snowden-nsa-whistleblower-surveillance
>
> "Snowden will go down in history as one of America's most
> consequential whistleblowers, alongside Daniel Ellsberg and Bradley
> Manning. He is responsible for handing over material from one of the
> world's most secretive organisations – the NSA."
>
> ----- Original Message -----
> From: David Amos
> To: ed.pilkington@guardian.co.uk
> Cc: david.raymond.amos@gmail.com
> Sent: Wednesday, August 03, 2011 4:04 PM
> Subject: Ed Here is your ticket to keep you out of hot water Just send
> this to Hugh Grant and he can raise hell for you
>
>
> Byway of the US FTC the Feds in many countries can never deny that
> they did not know the truth long ago
>
> From: Ed Pilkington ed.pilkington@guardian.co.uk
> Subject: GUARDIAN
> To: myson333@yahoo.com
> Date: Wednesday, August 3, 2011, 11:42 AM
>
> hi
>
> here's my email and my cell number is below
>
> all best
>
> Ed
>
> --
> Ed Pilkington
> New York bureau chief
> The Guardian
> www.guardian.co.uk
> twitter.com/Edpilkington
>
> Cell: 646 704 1264
>
> Please consider the environment before printing this email.
> ------------------------------------------------------------------
> Visit guardian.co.uk - newspaper of the year
> www.guardian.co.uk www.observer.co.uk
>
> On your mobile, visit m.guardian.co.uk or download the Guardian
> iPhone app www.guardian.co.uk/iphone
>
> To save up to 30% when you subscribe to the Guardian and the Observer
> visit www.guardian.co.uk/subscriber
> ---------------------------------------------------------------------
> This e-mail and all attachments are confidential and may also
> be privileged. If you are not the named recipient, please notify
> the sender and delete the e-mail and all attachments immediately.
> Do not disclose the contents to another person. You may not use
> the information for any purpose, or store, or copy, it in any way.
>
> Guardian News & Media Limited is not liable for any computer
> viruses or other material transmitted with or as part of this
> e-mail. You should employ virus checking software.
>
> Guardian News & Media Limited
>
> A member of Guardian Media Group plc
> Registered Office
> PO Box 68164
> Kings Place
> 90 York Way
> London
> N1P 2AP
>
> Registered in England Number 908396
>
> THE GUARDIAN MUST REMEMBER ME EH EDDY BABY???
>
> Click on this link
>
> http://50states.ning.com/video/rcmp-sussex-new-brunswick
>
> OR SCROLL DOWN TO ASSURE YOURSELF THAT WIKILEAKS OR THE CROWN CORPS
> KNOWN AS THE CBC AND THE RCMP TO NAME ONLY THREE CAN NEVER DENY THAT
> THEY DON'T KNOW ALL ABOUT MEAN OLD ME AND MY CONCERNS
>
> HOWCOME FOR 10 YEARS PUBLIC OFFICIALS IN THE USA CANADA ICELAND
> ENGLAND AND ALL THE OTHERS WITHIN "COALITION OF THE WILLING" ETC
> IGNORED THE FACT THAT I HAVE HAD MANY YANKEE WIRETAP TAPES THAT COULD
> HAVE IMPEACHED GEORGEY BOY BUSH AND HIS COHORTS LONG BEFORE THE
> PATRIOT ACT OR THE WAR ON IRAQ BEGAN???
>
>
>
> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>
> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>
>
> FEDERAL EXPRES February 7, 2006
> Senator Arlen Specter
> United States Senate
> Committee on the Judiciary
> 224 Dirksen Senate Office Building
> Washington, DC 20510
>
> Dear Mr. Specter:
>
> I have been asked to forward the enclosed tapes to you from a man
> named, David Amos, a Canadian citizen, in connection with the matters
> raised in the attached letter.
>
> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>
> I believe Mr. Amos has been in contact with you about this previously.
>
> Very truly yours,
> Barry A. Bachrach
> Direct telephone: (508) 926-3403
> Direct facsimile: (508) 929-3003
> Email: bbachrach@bowditch.com
>
> http://joyb.blogspot.ca/2010/11/my-statement-from-nato-parliamentary.html
>
> http://50states.ning.com/video/rcmp-sussex-new-brunswick
>
> http://www.nycga.net/members/davidraymondamos/
>
>> From: David Amos
>> Date: Sat, 17 Sep 2011 23:22:00 -0300
>> Subject: i just called from 902 800 0369 (Nova Scotia)
>> To: 9.17occupywallstreet@gmail.com
>>
>> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-...
>>
>> I am the guy the SEC would not name that is the link to Madoff and
>> Putnam Investments
>>
>> http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hear...
>>
>> Notice the transcript and webcast of the hearing of the US Senate
>> banking Commitee is missing? please notice Eliot Spitzer and the Dates
>> around November 20th, 2003 in te following file
>>
>> http://www.checktheevidence.com/pdf/2526023-DAMOSIntegrity-yea-righ...
>>
>> From: ”Julian Assange)”
>> Date: Sun, 7 Mar 2010 18:15:46 +0000 (GMT)
>> Subject: Al Jazeera on Iceland’s plan for a press safe haven
>> To: david.raymond.amos@gmail.com
>>
>> FYI: Al-Jazeera’s take on Iceland’s proposed media safe haven
>>
>> http://www.youtube.com/watch?v=ZbGiPjIE1pE
>>
>> More info http://immi.is/
>>
>> Julian Assange
>> Editor
>> WikiLeaks
>> http://wikileaks.org/
>>
>>
>> From: Birgitta Jonsdottir
>> Date: Wed, 8 Dec 2010 07:14:02 +0000
>> Subject: Re: Bon Soir Birgitta according to my records this is the
>> first email I ever sent you
>> To: David Amos
>>
>> dear Dave
>> i have got your email and will read through the links as soon as i
>> find some time
>> keep up the good fight in the meantime
>>
>> thank you for bearing with me
>> i am literary drowning in requests to look into all sorts of matters
>> and at the same time working 150% work at the parliament and
>> the creation of a political movement and being a responsible parent:)
>> plus all the matters in relation to immi
>>
>> with oceans of joy
>> birgitta
>>
>> Better to be hated for what you are than to be loved for what you are
>> not.
>>
>> Andre Gide
>>
>> Birgitta Jonsdottir
>> Birkimelur 8, 107 Reykjavik, Iceland, tel: 354 692 8884
>> http://this.is/birgitta – http://joyb.blogspot.com -
>> http://www.facebook.com/birgitta.jonsdottir
>>
>
>
> ---------- Forwarded message ----------
> From: Henrik Palmgren redicecreations@gmail.com
> Date: Sun, 26 Aug 2012 14:46:26 +0200
> Subject: Re: Oh my my I guess we know the score on you EH?
> To: David Amos motomaniac333@gmail.com
>
> Oh my. Don't send me your spam. It's not good for anything.
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Thu, 16 May 2013 17:27:53 -0300
> Subject: Re Teddy Baby Olson was on Fox News today yapping about
> Presidential enemies list as he represents the crooks in Koch
> Industries??? If anyone should know about such things it is Olson
> after all he assisted Ashcroft and Bush against me
> To: pm pm@pm.gc.ca, Office@tigta.treas.gov, RBauer@perkinscoie.com,
> mark.vespucci@ci.irs.gov, "Gilles.Moreau"
> Gilles.Moreau@rcmp-grc.gc.ca, ron.klain@revolution.com,
> dboies@bsfllp.com, tolson@gibsondunn.com, bginsberg@pattonboggs.com,
> "ed.pilkington" ed.pilkington@guardian.co.uk, news
> > Cc: David Amos david.raymond.amos@gmail.com,
> rtalach@ledroitbeckett.com, gregory.craig@skadden.com,
> Patrick.Fitzgerald@skadden.com
>
> Hey
>
> As Harper sits and bullshits his cohorts in the Council of Foreign
> Relations in the Big Apple today I bet he was listening to what was
> happening with Obama and the IRS and Holder and his DOJ minions
> in Washington.
>
> Notice the Inspector General of the IRS Dudes within this old file?
>
> http://www.scribd.com/doc/9092510/Chicago
>
> Everybody and his dog knows Harper knew about my battles with the US
> Treasury and Justice Depts way back when he was the boss of the
> opposition in Canada's Parliament. Two simple files easily found on
> the Internet cannot be argued.
>
> Notice how old the letter and Form 211 are?
>
> http://qslspolitics.blogspot.ca/2008/06/5-years-waiting-on-bank-fraud-payout.html
>
> Here the Inspector Generals calling me 7 years ago?
>
> http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc
>
> FOR FURTHER INFORMATION CONTACT: Office of Chief Counsel, Treasury.
> Inspector General for Tax Administration, (202) 622-4068.
>
> When Teddy bitches about polticians using the IRS to attack their
> enemies because he knows it true because he helped Bush the IRS
> against me when Obama was just a State Senator .
>
> The proof was when I sent him the documents that came along with the letter
> found on page 13 of this old file Teddy Baby Olson quit as Solicitor
> General.
>
> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf
>
> Harper and every body else knows It was no coincidence that I sent the
> lawyers Olson as Solicitior General, Ferguson as the co chair of the
> Federal Reserve Bank, and J Strom Thurmond Jr the youngest US
> Attorney the same pile of documents on April Fools Day 2004.
>
> The sad but terrible truth is that legions of cops, lawyers polticians
> and bureaucrats in Canada and the USA knew about the US Secret Service
> coming to my home after dark on April Fools Day 2003 bearing false
> allegations of a presidential threat and threatening to use their
> implied right to use exta ordinary rendition against me as a non
> citizen less than two weeks after the needless War in Iraq began and
> no WMD were ever found.
>
> You can bet dimes to dollars i called some Yankee Inspector Generals
> (starting with 202 622 4068) and reminded them that I am still alive
> and kicking and reminding the world of their malicious incompetence
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> PS Below you can review some emails I sent you and your Yankee cohorts
> such asTeddy Baby Olson before Obama was reelected EH Harper? In truth
> I would rather settle in confidence with Obama then sue the Hell out
> of the CROWN and the Holy See Trust that the evil old Judge Bastarache
> has known why for a very long time.
>
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: "Rob Talach" rtalach@ledroitbeckett.com
> Sent: Tuesday, June 12, 2012 10:59 PM
> Subject: Re: Attn Robert Talach and I should talk ASAP about my suing
> the Catholic Church Trust that Bastarache knows why
>
> The date stamp on about page 134 of this old file of mine should mean
> a lot to you
>
> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf
>
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Wed, 21 Nov 2012 15:37:08 -0400
> Subject: To Hell with the KILLER COP Gilles Moreau What say you NOW
> Bernadine Chapman??
> To: Gilles.Moreau@rcmp-grc.gc.ca, phil.giles@statcan.ca,
> maritme_malaise@yahoo.ca, Jennifer.Nixon@ps-sp.gc.ca,
> bartman.heidi@psic-ispc.gc.ca, Yves.J.Marineau@rcmp-grc.gc.ca,
> david.paradiso@erc-cee.gc.ca, desaulniea@smtp.gc.ca,
> denise.brennan@tbs-sct.gc.ca, anne.murtha@vac-acc.gc.ca, webo
> webo@xplornet.com, julie.dickson@osfi-bsif.gc.ca,
> rod.giles@osfi-bsif.gc.ca, flaherty.j@parl.gc.ca, toewsv1
> toewsv1@parl.gc.ca, "Nycole.Turmel" Nycole.Turmel@parl.gc.ca,
> Clemet1 Clemet1@parl.gc.ca, maritime_malaise
> maritime_malaise@yahoo.ca, oig oig@sec.gov, whistleblower
> whistleblower@finra.org, whistle > david@fairwhistleblower.ca
> Cc: j.kroes@interpol.int, David Amos david.raymond.amos@gmail.com,
> bernadine.chapman@rcmp-grc.gc.ca, "justin.trudeau.a1"
> justin.trudeau.a1@parl.gc.ca, "Juanita.Peddle"
> Juanita.Peddle@rcmp-grc.gc.ca, oldmaison oldmaison@yahoo.com,
> "Wayne.Lang" Wayne.Lang@rcmp-grc.gc.ca, "Robert.Trevors"
> Robert.Trevors@gnb.ca, "ian.fahie" ian.fahie@rcmp-grc.gc.ca
>
> http://www.rcmp-grc.gc.ca/nb/news-nouvelles/media-medias-eng.htm
>
> http://nb.rcmpvet.ca/Newsletters/VetsReview/nlnov06.pdf
>
>
> From: Gilles Moreau Gilles.Moreau@rcmp-grc.gc.ca
> Date: Wed, 21 Nov 2012 08:03:22 -0500
> Subject: Re: Lets ee if the really nasty Newfy Lawyer Danny Boy
> Millions will explain this email to you or your boss Vic Toews EH
> Constable Peddle???
> To: David Amos motomaniac333@gmail.com
>
> Please cease and desist from using my name in your emails.
>
> Gilles Moreau, Chief Superintendent, CHRP and ACC
> Director General
> HR Transformation
> 73 Leikin Drive, M5-2-502
> Ottawa, Ontario K1A 0R2
>
> Tel 613-843-6039
> Cel 613-818-6947
>
> Gilles Moreau, surintendant principal, CRHA et ACC
> Directeur général de la Transformation des ressources humaines
> 73 Leikin, pièce M5-2-502
> Ottawa, ON K1A 0R2
>
> tél 613-843-6039
> cel 613-818-6947
> gilles.moreau@rcmp-grc.gc.ca
>
>
>>>> David Amos 2012-11-21 00:01 >>>
>
> Could ya tell I am investigating your pension plan bigtime? Its
> because no member of the RCMP I have ever encountered has earned it
> yet
>
> Obviously I am the guy the USDOJ and the SEC would not name who is the
> link to Madoff and Putnam Investments
>
> Here is why
>
> http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=90f8e691-9065-4f8c-a465-72722b47e7f2
>
> Notice the transcripts and webcasts of the hearing of the US Senate
> Banking Commitee are still missing? Mr Emory should at least notice
> Eliot Spitzer and the Dates around November 20th, 2003 in the
> following file
>
> http://www.checktheevidence.com/pdf/2526023-DAMOSIntegrity-yea-right.-txt.pdf
>
> NONE of you should have assisted in the cover up of MURDER CORRECT???
>
>
> http://www.gazette.gc.ca/rp-pr/p2/2011/2011-06-22/html/sor-dors122-eng.html
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: Edith.Cody-Rice@cbc.ca; Rob.Renaud@cbc.ca
> Sent: Tuesday, January 13, 2009 7:45 PM
> Subject: Question # 1 who the hell is Rob Renaus and di Robert Jone
> and Jaques Poitra and Alan white etc forward you my latest emails
>
>
> ---------- Forwarded message ----------
> From: Edith Cody-Rice Edith.Cody-Rice@cbc.ca
> Date: Tue, 13 Jan 2009 16:53:07 -0500
> Subject: Calls and E-mails to CBC
> To: david.raymond.amos@gmail.com
> Cc: Rob Renaud Rob.Renaud@cbc.ca
>
> Dear Mr. Amos:
>
> CBC personnel have contacted me concerning your calls and e-mails to
> them. As you are threatening legal action, would you kindly direct any
> further calls or correspondence to me. Other CBC personnel will not
> respond further to your correspondence or calls.
>
>
> Edith Cody-Rice
> Senior Legal Counsel
> Premier Conseiller juridique
> CBC/Radio-Canada
> 181 Queen Street, Ottawa, Ontario K1P 1K9
> Postal Address: P.O. Box 3220, Station C, Ottawa K1Y 1E4
> Tel: (613) 288-6164
> Cell: (613) 720-5185
> Fax/ Télécopieur (613) 288-6279
>
> IMPORTANT NOTICE
> This communication is subject to solicitor/client privilege and
> contains confidential information intended only for the person(s) to
> whom it is addressed. Any unauthorized disclosure, copying, other
> distribution of this communication
> or taking any action on its contents is strictly prohibited. If you
> have received this message in error, please notify us immediately and
> delete this message without reading, copying or forwarding it to
> anyone.
>
> AVIS IMPORTANT
> La présente communication est assujettie au privilège du secret
> professionnel de l'avocat et renferme des renseignements confidentiels
> intéressant uniquement leur destinataire. Il est interdit de
> divulguer, de copier ou de distribuer cette communication par quelque
> moyen que ce soit ou de donner suite à son contenu sans y être
> autorisé. Si vous avez reçu ce message par erreur, veuillez nous en
> avertir immédiatement et le supprimer en évitant de le lire, de le
> copier ou de le transmettre à qui que ce soit.
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sat, 17 Nov 2012 14:10:14 -0400
> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
> the USDOJ for me will ya?
> To: RBauer RBauer@perkinscoie.com, sshimshak@paulweiss.com,
> cspada@lswlaw.com, msmith msmith@svlaw.com, bginsberg
> bginsberg@pattonboggs.com, "gregory.craig"
> gregory.craig@skadden.com, pm > bob.paulson@rcmp-grc.gc.ca, "bob.rae"
> bob.rae@rogers.blackberry.net, MulcaT MulcaT@parl.gc.ca, leader
> leader@greenparty.ca
> Cc: alevine@cooley.com, David Amosdavid.raymond.amos@gmail.com.
> michael.rothfeld@wsj.com, remery@ecbalaw.com
>
> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-on.html
>
> QSLS Politics
> By Location Visit Detail
> Visit 29,419
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> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-on.html
> Out Click
> Time Zone UTC-5:00
> Visitor's Time Nov 17 2012 12:33:08 pm
> Visit Number 29,419
>
https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-defence-lawyer-1.4861528
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Gary Miller, who has represented Dennis Oland for the past seven years, said he will follow the case 'with keen interest.' (CBC)
One of Dennis Oland's defence lawyers is stepping down, just as his retrial for second-degree murder in the 2011 death of his father, multimillionaire Richard Oland, gets underway in Saint John today with jury selection.
Gary Miller, who has represented Dennis Oland from the beginning and is one of the most prominent and experienced criminal defence lawyers in New Brunswick, is being replaced by Michael Lacy of Toronto.
"It's not real complicated," Miller told CBC News. "I generally think that it's a good idea to get a fresh set of eyes on a retrial, pure and simple."
The other members of his defence team on retrial include Alan Gold of Toronto, and James McConnell of Saint John, who were both involved in the first trial.
The Crown prosecutors are P.J. Veniot, Derek Weaver and Jill Knee.
Miller, 70, of Fredericton, said he could think of only one other case in his 41-year career where he represented a client at both trial and retrial.
"It wasn't this kind of case where there's issues all over the place," he said without elaborating.
Miller said he remained on the Oland defence team throughout the summer to give Lacy an opportunity to "get up to speed" and will participate in the jury selection, scheduled to begin at 9 a.m. AT at Saint John's Harbour Station, but his involvement going forward will be "peripheral … at best."
"Am I looking forward to sinking my teeth into something else? You betcha."
He will continue to follow the case "with keen interest," he added.
Lacy, who trained under Gold and has worked with him on various cases during his 20-plus-year career, said he has worked on Oland's case since the original trial, although he has not appeared in court.
"My work on the appeal required me to get up to speed on all of the trial evidence and to become intensely familiar with the file. I have continued to work on the file since then in various ways," he said in an emailed statement.
"From my initial involvement in the case I was of the view that justice would only be served if Dennis was acquitted. I look forward to [continuing] to work with the other members of the team to achieve that end."
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Toronto-based lawyer Michael Lacy has done some appellate work in New Brunswick. Earlier this year, he represented Wilbur Dedam, the former chief of Esgenoôpetitj First Nation. (CBC)Lacy, of law group Brauti Thorning Zibarras LLP, has worked on many homicide trials and appeals, including the case of Toronto police Const. James Forcillo, who is asking the Supreme Court of Canada to allow him to appeal his attempted murder conviction in the 2013 shooting death of Sammy Yatim, 18.
In April, the Ontario Court of Appeal dismissed Forcillo's appeal and opted to uphold his six-year prison sentence.
Earlier this year, Lacy helped win a new trial for former Esgenoôpetitj First Nation chief Wilbur Dedam on sexual assault charges dating back to the 1970s.
Dedam was sentenced in 2016 to nine years in prison after a jury found him guilty of six sex crimes against three girls, but the New Brunswick Court of Appeal overturned his convictions, citing violations of the Criminal Code of Canada and Canadian Charter of Rights and Freedoms during his trial.
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Lead defence lawyer Alan Gold said he's very familiar with Michael Lacy's abilities and is grateful he was available to join the defence team for the retrial. (Bobbi-Jean MacKinnon/CBC)Gold said he's grateful Lacy's schedule allowed him to join Oland's defence team for the retrial, describing him as "a real asset to share this very substantial workload that we have for this very, very serious case."
Miller also "remains a valuable asset" to the defence team and will be available to consult on the case on an "as-needed basis," said Gold.
"He simply felt that the day-to-day work in court everyday was becoming too much. It's extremely taxing, not to mention the preparation you have to do each evening."
"I mean this is, as legal proceedings go, this is as large and demanding a legal proceeding as lawyers encounter," said Gold.
The Crown prosecutors and Saint John Police Force have "devoted thousands and thousands and thousands of hours" to the case, he said.
"So there's dozens and dozens and dozens of things that Dennis' lawyers have to prepare for court and for the jury."
"There is just a tremendous amount of work."![View image on Twitter]( "View image on Twitter")
![View image on Twitter]( "View image on Twitter")
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/terrence-morrison-dennis-oland-retrial-judge-1.4889109
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Court of Queen's Bench Justice Terrence Morrison worked as a lawyer in private practice for 26 years before becoming a judge, including serving as outside legal counsel for NB Power during various hearings before the former Public Utilities Board. (CBC)
He also won approval from the utilities board for a hefty 8.8 per cent NB Power rate increase in 2006 following marathon hearings at which he was opposed at every step by Hyslop, who at the time was New Brunswick's public intervener.
"A lot of time you come out of those with somewhat of a dislike for opposing counsel so I'd have to say I came out with a very high level of respect for him at the time," said Hyslop, who notes a friendship that developed in those early years was of no detectable assistance following Morrison's elevation to the bench.
"He found against me too often, but I didn't appeal so that probably tells you more than anything else. I don't think I ever appealed any of his cases," said Hyslop.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/residential-electricity-customers-underpaying-nb-power-says-1.2804028
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NB Power says its direct residential customers are expected to underpay for the electricity they use next year by $45 million, or about six per cent. (Jacques Boissinot/CP)
"We think it’s really important we get a good fulsome discussion on this and get it approved and validated."
According to the study, direct residential customers of NB Power are expected to underpay for the electricity they use next year by $45 million, or about six per cent, with indirect residential customers served by municipal utilities like Saint John Energy undercharged by an additional $7 million.
The utility says that benefit enjoyed by homeowners is mostly paid for by commercial customers — everything from pizza joints to shopping malls to office buildings — which will be overcharged by about $39 million to make up the difference.
NB Power says it will also overcharge about $2 million for water heater rentals and $9 million for street light service under its current rate structure.
The EUB has been on record for more than 20 years saying it doesn't want one group of electricity customers subsidizing another, but NB Power has been slow to make changes as successive New Brunswick premiers, including Frank McKenna, Bernard Lord, Shawn Graham and David Alward bypassed the EUB to impose electricity rates directly by Cabinet order.
Legislative changes passed last spring put the EUB back in charge and the board ordered NB Power to produce a so-called Cost of Service Study to sort out which customers pay too little and which pay too much as a first step toward setting new rates.
The current study found NB Power's large industrial customers pay 99 per cent of what they should for power, but that has been a source of significant dispute at previous hearings and is likely to be looked at closely again.
The EUB's predecessor, the old Public Utilities Board, found large industrial customers were the most heavily subsidized group.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/nb-power-didn-t-seek-escape-clause-in-gypsum-contract-1.3118336
The mystery around a 10-year-old gypsum contract signed with J.D. Irving Ltd. that has cost NB Power millions of dollars in penalties deepened at the utility's rate hearing Wednesday as the utility's chief financial officer Darren Murphy tried to explain why the deal was signed without an escape clause.
"So at the time of signing the contract, it was certainly beneficial for NB Power," said Murphy.
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NB Power vice-president Darren Murphy says NB Power didn't negotiate an escape clause in its contract to provide gypsum to J.D. Irving Ltd. (CBC)
Murphy said NB Power did not anticipate the need to escape the 21.5-year contract, even though he said it was signed in 2005. That was in the middle of enormous uncertainty about the future of Coleson Cove after Venezuela backed out of a deal to supply the plant low cost orimulsion in 2003.
NB Power filed suit against the Venezuela state oil company Bitor in February 2004 and then entered negotiations over the following year in a fruitless attempt to try and rescue the deal.
It was while that was unfolding the contract with J.D. Irving Ltd. was signed, committing NB Power to provide substantial quantities of gypsum from Coleson Cove, even though the ability of the plant to operate economically into the future was uncertain.
"Was there an exit provision in this contract," asked Energy and Utilities Board lawyer Ellen Desmond.
"No, I do not believe there is," replied Murphy.
"I guess at the time it was entered into, the feeling was that Coleson Cove had a long and successful run ahead of it, and that there was a requirement to deal with this particular by-product at the time, and the economics made a lot of sense in terms of how we were to deal with that. So those would have been kind of the reasons going into it," said Murphy.
NB Power says without some kind of deal it would have been stuck with gypsum produced at Coleson Cove and likely would have had to dispose of it in a landfill at considerable cost.
The contract runs until 2026.
Desmond asked if NB Power could produce the contract for inspection at its rate hearing. Murphy said it would, if it does not have a provision forbidding its disclosure.
CBC's Journalistic Standards and Practices
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buck911
Stop the B.S. here folks and show us the numbers. It is not rocket science.....how much would it cost to dispose of the byproduct in a landfill, and don't fudge the numbers either. And what would it cost the Empire if they had to buy raw gypsum? By the way the stuff is all over the place over in Albert Co..... NB power comes off telling us the Empire is doing us a big favor. NEWS FLASH.....they do not do anyone any " favors " unless it lines their pockets, which it seems this deal has done, as per usual and the peasents end up paying the bill.
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buck911
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Entropiated
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https://www.cbc.ca/news/canada/new-brunswick/eub-challenge-cost-test-nb-power-1.3558574
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NB Power says the results of its cost analysis simulations should not be made public. (CBC)
https://www.cbc.ca/news/canada/new-brunswick/nb-power-salary-secrecy-eub-1.3929200
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Ellen Desmond, a lawyer for the New Brunswick Energy and Utilities Board, objects to NB Power's request to keep the compensation details for its vice-president of nuclear a secret. (CBC)
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/nb-power-irving-1.4000571
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The Energy and Utilities Board held a five-day hearing into NB Power's request to boost rates by two per cent. The application also contains a 2.3 per cent rate hike for residential ratepayers. (CBC)
NB Power endured a searing critique from its largest customer toward the end of its five-day rate hearing in Fredericton last week, but with no party seriously opposing the utility's need for a rate hike, it seems likely a jump in costs is on the way.
The utility appeared in front of the Energy and Utilities Board last week to defend its request for a two per cent overall rate hike beginning April 1, which includes a 2.3 per cent increase for residential customers.
"I believe the board will be in a position probably at the end of March, beginning of April, to provide some guidance on the application," said François Beaulieu, vice-chairman of the Energy and Utilities Board, as the hearing came to an end Friday afternoon.
Eight hearing participants either actively supported or did not oppose NB Power's request for increased rates during closing arguments.
However, Christopher Stewart, a lawyer for J.D. Irving Ltd., ripped the utility for not taking enough responsibility for causing its own financial problems or helping to fix them.
"Lowering the debt of the utility is not solely a ratepayer's responsibility," said Stewart, who accused NB Power of squandering previous rate hikes instead of containing costs and paying down debt.
JDI is NB Power's largest industrial customer and the Irving Paper mill in Saint John is the single largest user of electricity in New Brunswick.
"We do not want to pay more simply to create an ever increasing spending cushion for the utility. There is an obligation on the utility to live up to their part of the bargain [to cut expenses]," he said.
"And our experience so far is, well frankly, that the utility has not."
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NB Power vice-presidents Keith Cronkhite, Darren Murphy and Lori Clark were the first of 14 utility witnesses expected to appear before the EUB last week. (Robert Jones/CBC)
Instead, unexpected costs have eaten $145.2 million of that expected return, cutting profits by 54 per cent.
But Stewart railed against that idea, instead pointing to preventable problems at the Point Lepreau Nuclear Generating Station as an example of how management has been directly at fault for cost increases.
"Point Lepreau, especially, especially the non-nuclear side, which seems to be the issue, has been exclusively under the operational control of the utility for the last 34 years," said Stewart.
"The state of Point Lepreau is not a mere inherent variability of the utility's business. It is a matter which has been entirely within the utility's control.
"From our perspective, it seems as if the utility spends ever more and the ratepayers pay ever more. The utility has at some length told us how every darn penny is required, but I assure you my client, and I strongly suspect every ratepayer on this system has an equally necessary use for the money that they will now be giving to the utility as their rates increases."
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Heather Black, the public intervener, also supported NB Power's application for a rate increase (Robert Jones/CBC)
Anti-nuclear intervener Chris Rouse said he supported all but $50,000 of the increase which he calculated would be used to finance pay raises for NB Power executives.
Taking no position for or against the rate hike was Enbridge Gas New Brunswick and the New Brunswick Green Party.
Citizen intervener Greg Hickey gave his summation on Thursday and opposed the rate increase.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/nb-power-explore-option-second-hydro-station-grand-falls-1.4080239
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NB Power is set to explore the option of generating more clean energy with a new 100-megawatt generating station in Grand Falls. (Shane Fowler/CBC)
NB Power has started exploring whether to build a 100-megawatt generating station in Grand Falls to produce more clean energy.
The corporation says it will do environmental and geotechnical studies and site testing and consult with First Nations and local residents before applying for an environmental impact assessment later this year.
The project is in the early stages and will require study, fieldwork, engineering and environmental approvals prior to going ahead, Gaëtan Thomas, NB Power president and chief executive officer, said in a news release Friday.
"If feasible, it would be an important source of clean energy to our fleet and, we believe, would provide NB Power with even greater capability to provide generation for our customers inside the province and possibly in the New England market," Thomas said.
Grand Falls already has a 66-megawatt generating station.
Premier Brian Gallant said in a statement the province is pleased NB Power is exploring clean energy options, and another Grand Falls station would be good for the economy,.
"We will work with the people of the region as the project moves through the appropriate phases," he said.
By 2020, 40 per cent of the utility's in-province electricity sales must come from renewable sources.
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Green Party Leader David Coon is glad NB Power is looking into a second generating station at Grand Falls but wants the power to stay in the province. (Legislative Assembly of New Brunswick)
Coon's said this is the type of project that could reduce the province's use of coal at Belledune.
"The purpose of doing this is its got to contribute to expanding the use of renewables to produce power for New Brunswickers enabling us to reduce the use of coal at Belledune. We've got to phase out Belledune."
Coon, however, did express reservations with the potential plan to export the additional generated power.
"We've got to get our carbon pollution down to targets," he said. "If they simply exported the electricity from the new addition at Grand Falls that would benefit us in no way."
The plan for the new generating station follows the steps outlined in the province's 2016 Climate Change Action Plan.
The community renewable energy program allows NB Power to procure up to 80 megawatts of small-scale renewable energy from First Nations and local entities.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/nb-power-streetlight-charges-1.4107351
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Downtown Fredericton is well-lit by streetlights, but it's paying through the nose for that service. (Michael Stemm)
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A former public intervener, Hartland lawyer Peter Hyslop is arguing residential customers need to be represented by their own lawyer at future rate hearings. (CBC)
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Peter Hyslop, a Hartland-based lawyer, had argued he should be appointed as the residential representative to the Energy and Utilities Board during NB Power's rate design hearings. (Pat Richard/CBC)
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https://www.cbc.ca/news/canada/new-brunswick/eub-hearing-nb-power-rate-design-smart-meters-1.4305685
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NB Power wants to purchase and install smart meters before it has a rate design hearing. (Ryan Pilon/CBC)
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https://www.cbc.ca/news/canada/new-brunswick/eub-hearings-nb-power-smart-meters-1.4529640
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NB Power Senior VP Operations Lori Clark speaks during the EUB hearings Friday in Saint John. (Robert Jones/CBC NEWS)
NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.
"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.
In other jurisdictions that have already adopted smart meters, customers not wanting to participate have faced hundreds of dollars in extra charges.
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Thousands of pages of evidence on a number of issues, including smart meters, have been submitted for the 12-day hearing. In British Columbia, power customers are charged a meter reading fee of $32.40 per month if they refuse a smart meter, or $20 per month if they accept a smart meter but insist its radio transmitter be turned off. That's a cost of between $240 and $388.80 per year for customers to opt out.
In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.
NB Power said it may be a year or more before it settles on its own fee.
"The opt out policy will be developed and implemented as part of the roll out. It will be one of the last things we do," said Clark.
NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide.
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Smart meter opponent Roger Richard, right, leads a group worried about human health problems caused by long term exposure to the devices. (Robert Jones/CBC NEWS)The meters are capable of transmitting consumption data of customers back to NB Power in real time, which the utility said will allow for a number of innovations in pricing and service.
The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.
"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.
On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province.
"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.
That issue is before the EUB next week.
NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility.
"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."
Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.
"We will check and adjust along the way if there are issues with customer uptake," said Clark.
"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."CBC's Journalistic Standards and Practices
Date: Fri, 29 Sep 2017 17:01:25 -0400
Subject: RE More Informaion I just called and talked to a young lawyer
named "Alex"
To: info@alandgoldlaw.com
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: David Amos <david.raymond.amos@gmail.com>
Date: Wed, 20 Sep 2017 16:43:22 -0400
Subject: Re: Information The Crown should have shared my files with
you before you contacted me
To: "Davidson, Stephen"<stephen.davidson@saintjohn.ca
jan.jensen@justice.gc.ca, mcu@justice.gc.ca,
Larry.Tremblay@rcmp-grc.gc.ca
Cc: motomaniac333@gmail.com
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)"<Brian.Gallant@gnb.ca>
Date: Wed, 19 Oct 2016 17:50:12 +0000
Subject: RE: I just heard on CBC what Justice Drapeau said to the
lawyer Alan Gold Perhaps Mr Gold should send someone to Federal Court
and pull docket no T-1557-15 ASAP N'esy Pas Serge Rouselle?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick.
Please be assured that your email has been received, will be reviewed,
and a response will be forthcoming.
Once again, thank you for taking the time to write.
Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
et qu'une réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous écrire.
Sincerely, / Sincèrement,
Correspondence Manager / Gestionnaire de la correspondance
Office of the Premier / Cabinet du premier ministre
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 19 Oct 2016 13:48:30 -0400
Subject: I just heard on CBC what Justice Drapeau said to the lawyer
Alan Gold Perhaps Mr Gold should send someone to Federal Court and
pull docket no T-1557-15 ASAP N'esy Pas Serge Rouselle?
To: alison.crawford@cbc.ca, garyamiller.gampc@gmail.com, fifth@cbc.ca,
info@alandgoldlaw.com, "ralph.goodale.a1"
<ralph.goodale.a1@parl.gc.ca>, "roger.l.brown"
<roger.l.brown@rcmp-grc.gc.ca>
"Bill.Casey"<Bill.Casey@parl.gc.ca>, "jan.jensen"
<jan.jensen@justice.gc.ca>, wteed <wteed@coxandpalmer.com>,
"serge.rousselle"<serge.rousselle@gnb.ca>, premier <premier@gnb.ca>,
"Robert. Jones"<Robert.Jones@cbc.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
<gopublic@cbc.ca>, "steve.murphy"<steve.murphy@ctv.ca>, nmoore
<nmoore@bellmedia.ca>, "macpherson.don"
<macpherson.don@dailygleaner.
andre <andre@jafaust.com>
http://www.cbc.ca/news/canada/
Drapeau abruptly says he's not suggesting defence should have made
motion for directed verdict. Called for recess.
10:06 AM - 19 Oct 2016
Retweets
On 2/20/16, David Amos <motomaniac333@gmail.com> wrote:
> Alan D. Gold
> Called to the bar: 1973 (ON)
> Gold, Alan D., Professional Corporation
> Ste. 210
> 20 Adelaide St. E.
> Toronto, Ontario M5C 2T6
> Phone: 416-368-1726
> Fax: 416-368-6811
> Email: info@alandgoldlaw.com
>
>
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Tue, 5 Jan 2016 01:05:01 -0400
> Subject: Hey TJ Burke and Louie lafleur January 11th is coming fast Ya
> can't say that your buddies and the Police Commission ain't mentioned
> bigtime in my complaint N'esy Pas Stevey Boy Roberge?
> To: tj@burkelaw.ca, "lou.lafleur"<lou.lafleur@fredericton.ca>,
> jeddy@coxandpalmer.com, oldmaison <oldmaison@yahoo.com>, andre
> <andre@jafaust.com>, sunrayzulu <sunrayzulu@shaw.ca>, "greg.byrne"
> <greg.byrne@gnb.ca>, paulzed@zed.ca, smay@coxandpalmer.com, nbpc
> <nbpc@gnb.ca>, ychoukri@wstephenson.com, "Paul.Harpelle"
> <Paul.Harpelle@gnb.ca>, "Michael.Quinn"
> <Michael.Quinn@electionsnb.ca>
> "Marc.Mayrand"<Marc.Mayrand@elections.ca>, "steve.roberge"
> <steve.roberge@gnb.ca>, Randy.Reilly@fredericton.ca, "Leanne.Fitch"
> <Leanne.Fitch@fredericton.ca>, "serge.rousselle"
> <serge.rousselle@gnb.ca>, "leanne.murray"
> <leanne.murray@mcinnescooper.
> <Paulette.Delaney-Smith@rcmp-
> <Stephen.Horsman@gnb.ca>, infomorningfredericton
> <infomorningfredericton@cbc.ca
> george.filliter@gnb.ca, "hugh.flemming"<hugh.flemming@gnb.ca>,
> national <national@mppac.ca>, "robert.stoney"<robert.stoney@gnb.ca>,
> "Jacques.Poitras"<Jacques.Poitras@cbc.ca>, "ht.lacroix"
> <ht.lacroix@cbc.ca>
> Cc: David Amos <david.raymond.amos@gmail.com>
> Catherine.Harrop@cbc.ca, "redmond.shannon"<redmond.shannon@cbc.ca>,
> Joe Friday <Friday.Joe@psic-ispc.gc.ca>, loyalistlawoffice
> <loyalistlawoffice@yahoo.ca>
>
> Like Hell the NBPC do not get my emails EH?
>
> On 12/30/15, David Amos <david.raymond.amos@gmail.com> wrote:
>
> Happy New Year and Please Enjoy :)
>
> http://www.cbc.ca/news/canada/
>
>
> Stephen Horsman says Police Act to be modernized
> New Brunswick Police Commission is calling for 13 changes to the law
>
> By Jacques Poitras, CBC News Posted: Feb 27, 2015 6:42 AM AT
>
> Public Safety Minister Stephen Horsman says his department is working
> on changes to the Police Act that will modernize the oversight of
> municipal police officers and departments.
>
> Horsman says it’s too early to talk about specific changes, but he
> says officials will "look at the whole act, what needs to be updated,
> what needs to be modernized, to meet the needs of 2015, not the 1960s
> or 1970s."
>
> His comments come after the 2013-14 annual report by the New Brunswick
> Police Commission called for updates to the law.
>
> "We are of the opinion that the time has come to re-open the Police
> Act and to make changes that are necessary to ensure that police
> oversight is in step with current practices across the country," the
> report states.
>
> Horsman, a retired Fredericton city police officer, says the public’s
> expectations of transparency in law enforcement are higher than they
> were when the legislation was written.
>
> "Today, people are more inclined to question or to ask questions about
> their rights, especially dealing with police officers or police
> departments and I applaud them for that. They should be," he says.
> Police commission seeking 13 changes
>
> Steve Roberge, the police commission’s executive director, says the
> organization is looking for 13 changes.
>
> One would allow the commission to extend the time it has to
> investigate a complaint. The law says if it doesn’t complete an
> investigation within six months and send it to arbitration or a
> settlement conference, it loses jurisdiction.
>
> "The problem with that is that some investigations, for example for
> harassment, involve a lot of interviews and many employees and
> witnesses and they take a very long time," Roberge said.
>
> He’d like to see the law changed so that — like the legislation in
> British Columbia — it gives the commission the power to extend the
> time limit in certain cases.
>
> "It’s an issue of fairness, not only to the complainants to make sure
> we do a thorough investigation and not be pressed by time limits, but
> also to the … police officer who’s the subject of the complaint, to
> give them a thorough investigation and ensure we get all the facts
> properly," he says.
>
> Woodstock police
>
> The New Brunswick Police Commission received 64 complaints last year. (CBC)
>
> Another change would let the commission assign multiple investigators
> to complex complaints. At the moment, it can only assign one
> investigator per case.
>
> But some investigations require more people, Roberge says, and "we
> can’t do that under the act."
>
> The commission investigates complaints from the public about the
> conduct of municipal police officers.
>
> The RCMP has its own complaints process that covers its officers, who
> handle policing in areas of New Brunswick without municipal forces.
>
> The commission also has a role in ensuring adequate policing
> throughout the province and must be consulted if a municipality wants
> to cut the number of officers.
>
> The commission’s report also raises a concern that more police
> officers, who are the subject of complaints, are opting out of the
> settlement conference process.
>
> That process allows the complainant, the officer, and the officer’s
> chief of police to deal with the complaint informally, which takes
> less time and costs less money than a full arbitration hearing.
>
> "It’s an efficiency issue. A settlement conference is done locally and
> doesn’t require a lot of expenditures," Roberge said.
>
> It also means the process isn’t public, but Roberge says the
> complainant, the officer, and the officer’s manager are all in the
> settlement conference and know what happens.
>
> It’s the officer’s right to opt out of the settlement conference and
> Roberge says he doesn’t know why they’re doing that.
>
> Roberge says the commission handled a total of 56 files in 2013-14
> containing a total of 64 allegations. Half dealt with alleged abuse of
> authority, fewer than a quarter alleged discreditable conduct, and the
> rest made other allegations such as neglect of duty.
>
> Of the 64 allegations, 13 per cent were dismissed and four per cent
> were withdrawn, while 50 per cent were investigated and didn’t require
> further action.
>
> Sixteen per cent of the complaints were still unresolved at the end of
> 2013-2014 and 17 per cent went to arbitration.
>
> Of the cases that went to arbitration, one led to sanctions against a
> police officer, Roberge said.
>
> In that case, a Woodstock town police officer, Const. John Morrison,
> was suspended for a week without pay after an arbitrator found he had
> abused his authority while off duty.
>
>
>
> ---------- Forwarded message ----------
> From: Police Commission / Commission de police
> <Commissiondepolice.
> Date: Wed, 30 Dec 2015 15:39:10 +0000
> Subject: Automatic reply: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: David Amos <david.raymond.amos@gmail.com>
>
> We are currently out of the office and will return on Monday, January 4th,
> 2016.
>
> Nous sommes présentement hors du bureau et nous serons de retour
> lundi le 4 janvier 2016.
>
>
> ---------- Forwarded message ----------
> From: Don MacPherson <macpherson.don@dailygleaner.
> Date: Wed, 30 Dec 2015 07:39:07 -0800
> Subject: Out of office Re: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: david.raymond.amos@gmail.com
>
> I will be out of the office until Jan. 4. If you have a pressing
> matter you need to discuss with someone at The Daily Gleaner, please
> contact assignment editor Anne Mooers at (506) 458-6441 or email
> news@dailygleaner.com.
>
> --
> Don MacPherson
> The Daily Gleaner
> (506) 458-6479
>
>
> ---------- Forwarded message ----------
> From: "LaBonte, Luc (OAG/CPG)"<Luc.LaBonte@gnb.ca>
> Date: Wed, 30 Dec 2015 15:39:08 +0000
> Subject: Automatic reply: Sometimes less is more So heres a little
> Deja Vu for the CBC, CTV, the Irving newsrags, the Fat Fred City
> Finest & their lawyers, Chucky Leblanc and his fan club and his unamed
> lawyer before he is tried for assault
> To: David Amos <david.raymond.amos@gmail.com>
>
> I will out of the office until January 4, 2016. I will periodically
> check my e-mails, however, expect delays for responses. Should you
> have an emergency, please contact 506-453-2784.
>
> Je serai absent du bureau jusqu'au 4 janvier 2016. Je vérifirai mon
> courriel de temps en temps mais il y aura un délai pour les réponses.
> Si vous avez une urgence, s.v.p. veuillez contacter le 506-453-2784.
>
>
---------- 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
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?
Vertias Vincit
David Raymond Amos
902 800 0369
---------- Forwarded message ----------
From: "Kulik, John"<john.kulik@mcinnescooper.com>
Date: Thu, 18 May 2017 17:37:49 +0000
Subject: McInnes Cooper
To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>,
"david.raymond.amos@gmail.com"<david.raymond.amos@gmail.com>
Dear Mr. Amos:
I am General Counsel for McInnes Cooper. If you need to communicate
with our firm, please do so through me.
Thank you.
John Kulik
[McInnes Cooper]<http://www.
John Kulik Q.C.
Partner & General Counsel
McInnes Cooper
tel +1 (902) 444 8571 | fax +1 (902) 425 6350
1969 Upper Water Street
Suite 1300
Purdy's Wharf Tower II Halifax, NS, B3J 2V1
asst Cathy Ohlhausen | +1 (902) 455 8215
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense. Avis Les informations contenues
dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont
confidentielles et peuvent faire l'objet d'un privilège avocat-client.
Les informations sont dirigées au(x) destinataire(s) seulement. Si
vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur
par courriel ou par téléphone, aux frais de McInnes Cooper.
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://www.cbc.ca/news/world/
As the CBC etc yap about Yankee wiretaps and whistleblowers I musta sk
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?
---------- Original message ----------
From: "Finance Public / Finance Publique (FIN)"
<fin.financepublic-
Date: Fri, 10 Feb 2017 22:05:00 +0000
Subject: RE: Yo President Trump RE the Federal Court of Canada File No
T-1557-15 lets see how the media people do with news that is NOT FAKE
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
http://archive.org/details/
http://davidamos.blogspot.ca/
http://www.archive.org/
https://archive.org/details/
http://www.archive.org/
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: Tue, 14 Feb 2017 10:51:14 -0400
Subject: RE FATCA, NAFTA & TPP etc ATTN President Donald J. Trump I
just got off the phone with your lawyer Mr Cohen (646-853-0114) Why
does he lie to me after all this time???
To: president <president@whitehouse.gov>, mdcohen212@gmail.com, pm
<pm@pm.gc.ca>, Pierre-Luc.Dusseault@parl.gc.
<MulcaT@parl.gc.ca>, Jean-Yves.Duclos@parl.gc.ca,
B.English@ministers.govt.nz, Malcolm.Turnbull.MP@aph.gov.au
pminvites@pmc.gov.au, mayt@parliament.uk, press
<press@bankofengland.co.uk>, "Andrew.Bailey"
<Andrew.Bailey@fca.org.uk>,
fin.financepublic-
<newsroom@globeandmail.ca>, "CNN.Viewer.Communications.
<CNN.Viewer.Communications.
<news-tips@nytimes.com>, lionel <lionel@lionelmedia.com>
Cc: David Amos <david.raymond.amos@gmail.com>
elizabeth.thompson@cbc.ca, "justin.ling@vice.com, elizabeththompson"
<elizabeththompson@ipolitics.
"Bill.Morneau"<Bill.Morneau@canada.ca>, postur <postur@for.is>,
stephen.kimber@ukings.ca, "steve.murphy"<steve.murphy@ctv.ca>,
"Jacques.Poitras"<Jacques.Poitras@cbc.ca>, oldmaison
<oldmaison@yahoo.com>, andre <andre@jafaust.com>
---------- Original message ----------
From: Michael Cohen <mcohen@trumporg.com>
Date: Tue, 14 Feb 2017 14:15:14 +0000
Subject: Automatic reply: RE FATCA ATTN Pierre-Luc.Dusseault I just
called and left a message for you
To: David Amos <motomaniac333@gmail.com>
Effective January 20, 2017, I have accepted the role as personal
counsel to President Donald J. Trump. All future emails should be
directed to mdcohen212@gmail.com and all future calls should be
directed to 646-853-0114.
______________________________
This communication is from The Trump Organization or an affiliate
thereof and is not sent on behalf of any other individual or entity.
This email may contain information that is confidential and/or
proprietary. Such information may not be read, disclosed, used,
copied, distributed or disseminated except (1) for use by the intended
recipient or (2) as expressly authorized by the sender. If you have
received this communication in error, please immediately delete it and
promptly notify the sender. E-mail transmission cannot be guaranteed
to be received, secure or error-free as emails could be intercepted,
corrupted, lost, destroyed, arrive late, incomplete, contain viruses
or otherwise. The Trump Organization and its affiliates do not
guarantee that all emails will be read and do not accept liability for
any errors or omissions in emails. Any views or opinions presented in
any email are solely those of the author and do not necessarily
represent those of The Trump Organization or any of its
affiliates.Nothing in this communication is intended to operate as an
electronic signature under applicable law.
---------- Forwarded message ----------
From: "MacKay, Peter"Peter.MacKay@bakermckenzie.com
Date: Thu, 27 Apr 2017 14:39:17 +0000
Subject: Automatic reply: YO Minister Jean-Yves.Duclos Once again you
are welcome Now how about the RCMP, the LIEbranos and all the other
parliamentarians start acting with some semblance of Integrity after
all these years?
To: David Amos motomaniac333@gmail.com
Thank you for your email. I am currently out of the office attending
meetings and have limited access to email and voicemail. If your
matter is urgent, or if you require assistance, please contact my
assistant, Nicole Bruni at nicole.bruni@bakermckenzie.com or at (416)
865-3861.
This message may contain confidential and privileged information. If
it has been sent to you in error, please reply to advise the sender of
the error and then immediately delete this message. Please visit
www.bakermckenzie.com/
concerning this message.
---------- Forwarded message ----------
From: Premier PREMIER@gov.ns.ca
Date: Tue, 15 Apr 2014 05:38:11 +0000
Subject: Automatic reply: [PROBABLE-SPAM] RE Corrupt cops ignoring
Sections 300 and 319 Sexual Harassment and Death threats and of course
Glen Canning;s concern about Barry Winter and butt Buddy Patrick Doran
To: David Amos motomaniac333@gmail.com
Thank you for your email to Premier McNeil.
This is an automatic confirmation your email has been received.
Warmest Regards,
Premier's Correspondence Unit
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Sun, 23 Apr 2017 19:12:04 -0400
Subject: Attn Bob Paulson and Jan Jensen et al Re A call from Cst
Woodman (506 851 7878) today As I said to him I look forward to
meeting you RCMP dudes in Federal Court
To: bob.paulson@rcmp-grc.gc.ca, cathyc@ccca-cba.org,
Larry.Tremblay@rcmp-grc.gc.ca, dwayne.woodman@rcmp-grc.gc.ca,
jan.jensen@justice.gc.ca
Cc: david.raymond.amos@gmail.com, Jody.Wilson-Raybould@parl.gc.
hon.ralph.goodale@canada.ca
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 19 Apr 2017 15:17:31 -0400
Subject: Attn Assistant Commissioner Larry Tremblay, Commanding
Officer, New Brunswick I just called and left a message for you
To: Larry.Tremblay@rcmp-grc.gc.ca, Dale.Morgan@rcmp-grc.gc.ca,
dale.drummond@rcmp-grc.gc.ca
Cc: david.raymond.amos@gmail.com, Gilles.Blinn@rcmp-grc.gc.ca,
CRAIG.DALTON@gnb.ca
http://www.rcmp-grc.gc.ca/en/
Assistant Commissioner Larry Tremblay, Commanding Officer, New Brunswick
Larry TremblayAssistant Commissioner Larry Tremblay joined the Royal
Canadian Mounted Police in 1985 from Montreal, Quebec. Prior to
joining the Force, he served nearly four years in the Royal Canadian
Navy.
A/Commr. Tremblay began his RCMP career in New Brunswick, where he
spent 11 years occupying positions in general duty, covert operations
and drug enforcement across the province. Prior to joining the
executive ranks in 2002 with A Division's (Ottawa Region) Combined
Forces Special Enforcement Unit/Drug Section, he completed a series of
assignments related to federal enforcement and specialized services in
Regina, Milton, Ontario and Ottawa.
Between 2004 and 2008, A/Commr. Tremblay had the unique opportunity to
be seconded to CSIS, where he developed expertise in counter
proliferation and terrorism. Upon his return to the RCMP, he was
assigned to Federal Policing Criminal Operations as the Director
General responsible for National Security, Financial Crimes and
Serious Organized Crime investigations until 2014. Following this
role, he became the Criminal Operations and Protective officer at
National Division (Ottawa Region), where he was responsible for
sensitive and international investigations as well as the security of
Canada's Prime Minister, Governor General and Parliament Hill.
In 2015, A/Commr. Tremblay returned to Headquarters as Assistant
Commissioner of Federal Policing Strategic Policy & External
Relations. In this strategic advisor role, he led initiatives aimed at
maximizing the impact of RCMP programs, enhancing relationships with
domestic and international partners, as well as prevention
initiatives.
In 2016, A/Commr. Tremblay was appointed the 30th Commanding Officer
of the RCMP in New Brunswick.
A/Commr. Tremblay has received several medals and commendations
throughout his career for his dedication to excellence in policing. He
was granted The Order of Merit of the Police Forces from the Governor
General, His Excellency the Right Honourable David Johnston, in 2014.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 12 Apr 2017 21:27:19 -0400
Subject: I repeat Mr Jensen have you contacted the RCMP and the FBI YET?
To: jan.jensen@justice.gc.ca, Michael.Kowalchuk@cas-satj.gc.
bill.pentney@justice.gc.ca, mcu@justice.gc.ca,
Jody.Wilson-Raybould@parl.gc.
Gilles.Blinn@rcmp-grc.gc.ca, James.Comey@ic.fbi.gov,
washington.field@ic.fbi.gov, marc.giroux@fja-cmf.gc.ca,
Norman.Sabourin@cjc-ccm.gc.ca, info@gg.ca, serge.rousselle@gnb.ca,
david.eidt@gnb.ca, premier@gnb.ca, blaine.higgs@gnb.ca,
Dominic.Cardy@gnb.ca, David.Coon@gnb.ca, david@lutz.nb.ca,
mark.vespucci@ci.irs.gov
Cc: david.raymond.amos@gmail.com, hon.ralph.goodale@canada.ca,
Hon.Dominic.LeBlanc@canada.ca, hon.melanie.joly@canada.ca,
speaker.president@parl.gc.ca, speaker@leg.bc.ca, geoff@geoffregan.ca,
heather.bradley@parl.gc.ca, pm@pm.gc.ca, mcohen@trumporg.com,
president@whitehouse.gov, Bill.Casey@parl.gc.ca,
Pam.Goldsmith-Jones@parl.gc.ca
Catherine.Harrop@cbc.ca, Catherine.McKenna@parl.gc.ca,
Frank.McKenna@td.com, premier@gov.bc.ca, Gerald.Butts@pmo-cpm.gc.ca,
Michael.Wernick@pco-bcp.gc.ca
http://davidraymondamos3.
---------- Original message ----------
From: Jody.Wilson-Raybould@parl.gc.
Date: Wed, 12 Apr 2017 14:31:32 +0000
Subject: Automatic reply: Re the CROWN'S SECOND QUERY about a Joint
Book of Authorites for its Cross Appeal within the Federal Court of
Appeal File No. A-48-16
To: motomaniac333@gmail.com
Thank you for writing to the Honourable Jody Wilson-Raybould, Member
of Parliament for Vancouver Granville and Minister of Justice and
Attorney General of Canada.
Due to the significant increase in the volume of correspondence
addressed to the Hon. Jody Wilson-Raybould, please note that there may
be a delay in processing your email. Rest assured that your message
will be carefully reviewed.
-------------------
Merci d'avoir ?crit ? l'honourable Jody Wilson-Raybould, d?put?e pour
Vancouver Granville et ministre de la justice et procureur g?n?ral du
Canada.
En raison d'une augmentation importante du volume de la correspondance
adress?e ? l'honorable Jody Wilson-Raybould, veuillez prendre note
qu'il pourrait y avoir un retard dans le traitement de votre courriel.
Nous tenons ? vous assurer que votre message sera lu avec soin.
http://davidraymondamos3.
Monday, 17 April 2017
Does anyone remember my phone calls, Tweets, blogs and emails to
Viktor Orbán the Hungarian Prime Minister about my old politcal
enemies Iggy and George Soros et al
On 9/20/17, Davidson, Stephen <stephen.davidson@saintjohn.ca
> Mr. Amos,
>
> On September-17, 2017, I was made aware that you placed a call to Mr. Paul
> Veniot, a lawyer with Public Prosecutions, and left a voicemail (attached to
> this email) on September 15th, 2017, regarding something that you had read
> about in the news. In your message you are heard saying, "You guys got
> some problems to iron out for me, for my friend's son, again. I think I'm
> one of those problems."
>
> I can only assume that you are referring to the upcoming re-trial of Dennis
> Oland, please correct me if I am wrong. If so, as the investigator assigned
> to this case, I am required to follow up on your comments as to what you are
> referring to in your message to Mr. Veniot, for any potential information
> you may have relating to the case, or upcoming trial.
>
> If you could, please provide me with the information you may have via email,
> postal service, in person or telephone. The particulars for contact are
> listed below,
>
> Thank you,
>
> Saint John Police Headquarters: One Peel Plaza, Saint John New Brunswick
> Mailing address: Saint John Police Force, c/o Cst. Stephen Davidson - PO Box
> 1971, One Peel Plaza, Saint John New Brunswick E2L 4L1
> Major Crime Unit:(506) 648 3211
>
> This e-mail communication (including any or all attachments) is
> intended only for the use of the person or entity to whom it is addressed
> and may contain confidential and/or privileged material. If you are not the
> intended recipient of this e-mail, any use, review, retransmission,
> distribution, dissemination, copying, printing, or other use of, or taking
> of any action in reliance upon this e-mail, is strictly prohibited. If you
> have received this e-mail in error, please contact the sender and delete the
> original and any copy of this e-mail and any printout thereof, immediately.
> Your co-operation is appreciated.
>
>
> Le pr?sent courriel (y compris toute pi?ce jointe) s'adresse
> uniquement ? son destinataire, qu'il soit une personne ou un organisme, et
> pourrait comporter des renseignements privil?gi?s ou confidentiels. Si vous
> n'?tes pas le destinataire du courriel, il est interdit d'utiliser, de
> revoir, de retransmettre, de distribuer, de diss?miner, de copier ou
> d'imprimer ce courriel, d'agir en vous y fiant ou de vous en servir de toute
> autre fa?on. Si vous avez re?u le pr?sent courriel par erreur, pri?re de
> communiquer avec l'exp?diteur et d'?liminer l'original du courriel, ainsi
> que toute copie ?lectronique ou imprim?e de celui-ci, imm?diatement. Nous
> sommes reconnaissants de votre collaboration.
>
https://davidraymondamos3.blogspot.com/2017/11/federal-court-of-appeal-finally-makes.html
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before The Supreme Court
https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database | Federal Court of Appeal Decisions |
Date | 2017-10-30 |
Neutral citation | 2017 FCA 213 |
File numbers | A-48-16 |
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM: | WEBB J.A. NEAR J.A. GLEASON J.A. |
BETWEEN: |
DAVID RAYMOND AMOS |
Respondent on the cross-appeal (and formally Appellant) |
and |
HER MAJESTY THE QUEEN |
Appellant on the cross-appeal (and formerly Respondent) |
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY: | THE COURT |
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM: | WEBB J.A. NEAR J.A. GLEASON J.A. |
BETWEEN: |
DAVID RAYMOND AMOS |
Respondent on the cross-appeal (and formally Appellant) |
and |
HER MAJESTY THE QUEEN |
Appellant on the cross-appeal (and formerly Respondent) |
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos) filed a 53-page Statement of Claim (the Claim) in Federal Court against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million in damages and a public apology from the Prime Minister and Provincial Premiers for being illegally barred from accessing parliamentary properties and seeks a declaration from the Minister of Public Safety that the Canadian Government will no longer allow the Royal Canadian Mounted Police (RCMP) and Canadian Forces to harass him and his clan (Claim at para. 96).
[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.
3 The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. | 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel fédérale, est maintenue et dénommée « Cour d’appel fédérale » en français et « Federal Court of Appeal » en anglais. Elle est maintenue à titre de tribunal additionnel de droit, d’equity et d’amirauté du Canada, propre à améliorer l’application du droit canadien, et continue d’être une cour supérieure d’archives ayant compétence en matière civile et pénale. |
4 The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. | 4 La section de la Cour fédérale du Canada, appelée la Section de première instance de la Cour fédérale, est maintenue et dénommée « Cour fédérale » en français et « Federal Court » en anglais. Elle est maintenue à titre de tribunal additionnel de droit, d’equity et d’amirauté du Canada, propre à améliorer l’application du droit canadien, et continue d’être une cour supérieure d’archives ayant compétence en matière civile et pénale. |
[9] Sections 3 and 4 of the Federal Courts Act create two separate courts – this Court (section 3) and the Federal Court (section 4). If, as Mr. Amos suggests, documents filed in the Federal Court were automatically also filed in this Court, then there would no need for the parties to prepare and file appeal books as required by Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation to any appeal from a decision of the Federal Court. The requirement to file an appeal book with this Court in relation to an appeal from a decision of the Federal Court makes it clear that the only documents that will be before this Court are the documents that are part of that appeal book.
[10] Therefore, the memorandum of fact and law filed on March 6, 2017 is the first document, filed with this Court, in which Mr. Amos identified the particular judges that he submits have a conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion before the Federal Court seeking an order “affirming or denying the conflict of interest he has” with a number of judges of the Federal Court. A judge of the Federal Court issued a direction noting that if Mr. Amos was seeking this order in relation to judges of the Federal Court of Appeal, it was beyond the jurisdiction of the Federal Court. Mr. Amos raised the Federal Court motion at the hearing of this cross-appeal. The Federal Court motion is not a motion before this Court and, as such, the submissions filed before the Federal Court will not be entertained. As well, since this was a motion brought before the Federal Court (and not this Court), any documents filed in relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that the third member of this panel also had a conflict of interest and submitted some documents that, in his view, supported his claim of a conflict. Mr. Amos, following the hearing of his appeal, was also afforded the opportunity to provide a brief summary of the conflict that he was alleging and to file additional documents that, in his view, supported his allegations. Mr. Amos submitted several pages of documents in relation to the alleged conflicts. He organized the documents by submitting a copy of the biography of the particular judge and then, immediately following that biography, by including copies of the documents that, in his view, supported his claim that such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is that before he was appointed as a Judge of the Tax Court of Canada in 2006, he was a partner with the law firm Patterson Law, and before that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he had a number of disputes with Patterson Palmer and Patterson Law and therefore Justice Webb has a conflict simply because he was a partner of these firms. Mr. Amos is not alleging that Justice Webb was personally involved in or had any knowledge of any matter in which Mr. Amos was involved with Justice Webb’s former law firm – only that he was a member of such firm.
[14] During his oral submissions at the hearing of his appeal Mr. Amos, in relation to the alleged conflict for Justice Webb, focused on dealings between himself and a particular lawyer at Patterson Law. However, none of the documents submitted by Mr. Amos at the hearing or subsequently related to any dealings with this particular lawyer nor is it clear when Mr. Amos was dealing with this lawyer. In particular, it is far from clear whether such dealings were after the time that Justice Webb was appointed as a Judge of the Tax Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the alleged conflict for Justice Webb largely relate to dealings between Byron Prior and the St. John’s Newfoundland and Labrador office of Patterson Palmer, which is not in the same province where Justice Webb practiced law. The only document that indicates any dealing between Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May who was a partner in the St. John’s NL office of Patterson Palmer. The affidavit is dated January 24, 2005 and refers to a number of e-mails that were sent by Mr. Amos to Stephen May. Mr. Amos also included a letter that is addressed to four individuals, one of whom is John Crosbie who was counsel to the St. John’s NL office of Patterson Palmer. The letter is dated September 2, 2004 and is addressed to “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street, Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R. 259, the Supreme Court of Canada noted that disqualification of a judge is to be determined based on whether there is a reasonable apprehension of bias:
60 In Canadian law, one standard has now emerged as the criterion for disqualification. The criterion, as expressed by de Grandpré J. in Committee for Justice and Liberty v. National Energy Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. In the words of the Court of Appeal, that test is "what would an informed person, viewing the matter realistically and practically -- and having thought the matter through -- conclude. Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed person, viewing the matter realistically and practically, and having thought the matter through, would conclude that Mr. Amos’ allegations give rise to a reasonable apprehension of bias. As this Court has previously remarked, “there is a strong presumption that judges will administer justice impartially” and this presumption will not be rebutted in the absence of “convincing evidence” of bias (Collins v. Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R. (4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v. Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme Court of Canada refused, 32285 (August 1, 2007)), addressed the particular issue of whether a judge is disqualified from hearing a case simply because he had been a member of a law firm that was involved in the litigation that was now before that judge. The Ontario Court of Appeal determined that the judge was not disqualified if the judge had no involvement with the person or the matter when he was a lawyer. The Ontario Court of Appeal also explained that the rules for determining whether a judge is disqualified are different from the rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a finding that a trial judge has had some involvement in a case over which he or she is now presiding. Where the judge had no involvement, as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been asked to represent the appellant as counsel before his appointment to the bench, the conflict rules would likely have prevented him from taking the case because his firm had formerly represented one of the defendants in the case. Thus, it is argued how is it that as a trial judge Patterson J. can hear the case? This issue was considered by the Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that there is no inflexible rule governing the disqualification of a judge and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an inconsistency in application of rules can be explained by the different contexts and in particular, the strong presumption of judicial impartiality that applies in the context of disqualification of a judge. There is no such presumption in cases of allegations of conflict of interest against a lawyer because of a firm's previous involvement in the case. To the contrary, as explained by Sopinka J. in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.), for sound policy reasons there is a presumption of a disqualifying interest that can rarely be overcome. In particular, a conclusory statement from the lawyer that he or she had no confidential information about the case will never be sufficient. The case is the opposite where the allegation of bias is made against a trial judge. His or her statement that he or she knew nothing about the case and had no involvement in it will ordinarily be accepted at face value unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances of this case and whether there are serious grounds to find a disqualifying conflict of interest in this case. In my view, there are two significant factors that justify the trial judge's decision not to recuse himself. The first is his statement, which all parties accept, that he knew nothing of the case when it was in his former firm and that he had nothing to do with it. The second is the long passage of time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform the perspective of the reasonable person assessing the impact of this involvement on Binnie J.'s impartiality in the appeals. That factor is the passage of time. Most arguments for disqualification rest on circumstances that are either contemporaneous to the decision-making, or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson Walker firm no longer acted for any of the parties by the time of trial. More importantly, at the time of the motion, Patterson J. had been a judge for six years and thus had not had a relationship with his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter realistically would conclude that the trial judge could deal fairly and impartially with this case. I take this view principally because of the long passage of time and the trial judge's lack of involvement in or knowledge of the case when the Wilson Walker firm had carriage. In these circumstances it cannot be reasonably contended that the trial judge could not remain impartial in the case. The mere fact that his name appears on the letterhead of some correspondence from over a decade ago would not lead a reasonable person to believe that he would either consciously or unconsciously favour his former firm's former client. It is simply not realistic to think that a judge would throw off his mantle of impartiality, ignore his oath of office and favour a client - about whom he knew nothing - of a firm that he left six years earlier and that no longer acts for the client, in a case involving events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter involving Mr. Amos while he was a member of Patterson Palmer or Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it clear during the hearing of this matter that the only reason for the alleged conflict for Justice Webb was that he was a member of Patterson Law and Patterson Palmer. This is simply not enough for Justice Webb to be disqualified. Any involvement of Mr. Amos with Patterson Law while Justice Webb was a member of that firm would have had to occur over 10 years ago and even longer for the time when he was a member of Patterson Palmer. In addition to the lack of any involvement on his part with any matter or dispute that Mr. Amos had with Patterson Law or Patterson Palmer (which in and of itself is sufficient to dispose of this matter), the length of time since Justice Webb was a member of Patterson Law or Patterson Palmer would also result in the same finding – that there is no conflict in Justice Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R. (2d) 260, the Manitoba Court of Appeal found that there was no reasonable apprehension of bias when a judge, who had been a member of the law firm that had been retained by the accused, had no involvement with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4 F.C. 321, 257 N.R. 96, this court did find that there would be a reasonable apprehension of bias where a judge, who while he was a lawyer, had recorded time on a matter involving the same person who was before that judge. However, this case can be distinguished as Justice Webb did not have any time recorded on any files involving Mr. Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He stated in his affidavit dated June 26, 2017 that there is a “true copy of an American police surveillance wiretap entitled 139” on this CD. He has also indicated that he has “provided a true copy of the CD entitled 139 to many American and Canadian law enforcement authorities and not one of the police forces or officers of the court are willing to investigate it”. Since he has indicated that this is an “American police surveillance wiretap”, this is a matter for the American law enforcement authorities and cannot create, as Mr. Amos suggests, a conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable apprehension of bias for Justice Webb and therefore, no reason for him to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional experience with the government created a “quasi-conflict” in deciding the cross-appeal. Mr. Amos provided no details and Justice Near confirmed that he had no prior knowledge of the matters alleged in the Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr. Amos’ allegations against Justice Gleason, it appears that he alleges that she is incapable of hearing this appeal because he says he wrote a letter to Brian Mulroney and Jean Chrétien in 2004. At that time, both Justice Gleason and Mr. Mulroney were partners in the law firm Ogilvy Renault, LLP. The letter in question, which is rude and angry, begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing you and your little dogs too”. There is no indication that the letter was ever responded to or that a law suit was ever commenced by Mr. Amos against Mr. Mulroney. In the circumstances, there is no reason for Justice Gleason to recuse herself as the letter in question does not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the Judge err in setting aside the Prothonotary’s Order striking the Claim in its entirety without leave to amend and in determining that Mr. Amos’ allegation that the RCMP barred him from the New Brunswick legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the Prothonotary’s Order, this Court revisited the standard of review to be applied to discretionary decisions of prothonotaries and decisions made by judges on appeals of prothonotaries’ decisions in Hospira Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215, 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of this Court replaced the Aqua-Gem standard of review with that articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 [Housen]. As a result, it is no longer appropriate for the Federal Court to conduct a de novo review of a discretionary order made by a prothonotary in regard to questions vital to the final issue of the case. Rather, a Federal Court judge can only intervene on appeal if the prothonotary made an error of law or a palpable and overriding error in determining a question of fact or question of mixed fact and law (Hospira at para. 79). Further, this Court can only interfere with a Federal Court judge’s review of a prothonotary’s discretionary order if the judge made an error of law or palpable and overriding error in determining a question of fact or question of mixed fact and law (Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court must look to the Prothonotary’s Order to determine whether the Judge erred in law or made a palpable and overriding error in choosing to interfere.
B. Did the Judge err in interfering with the Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following paragraphs from the Crown’s submissions as the basis for striking the Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff addresses his complaint in paragraphs 14-24, inclusive. All but four of those paragraphs are dedicated to an incident that occurred in 2006 in and around the legislature in New Brunswick. The jurisdiction of the Federal Court does not extend to Her Majesty the Queen in right of the Provinces. In any event, the Plaintiff hasn’t named the Province or provincial actors as parties to this action. The incident alleged does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant provide no details as to the individuals involved or the location of the alleged incidents or other details sufficient to allow the Defendant to respond. As a result, it is difficult or impossible to determine the causes of action the Plaintiff is attempting to advance. A generous reading of the Statement of Claim allows the Defendant to only speculate as to the true and/or intended cause of action. At best, the Plaintiff’s action may possibly be summarized as: he suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim on the same jurisdictional basis as the Prothonotary. The Judge noted that the Federal Court has jurisdiction over claims based on the liability of Federal Crown servants like the RCMP and that the actors who barred Mr. Amos from the New Brunswick legislature in 2004 included the RCMP (Federal Court Judgment at para. 23). In considering the viability of these allegations de novo, the Judge identified paragraph 14 of the Claim as containing “some precision” as it identifies the date of the event and a RCMP officer acting as Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at para. 27).
[31] The Judge noted that the 2004 event could support a cause of action in the tort of misfeasance in public office and identified the elements of the tort as excerpted from Meigs v. Canada, 2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must determine whether the plaintiffs’ statement of claim pleads each element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public officer and knowledge of harm alone is insufficient to conclude that a public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient material facts to meet the elements of the tort of misfeasance in public office because the actors, who barred him from the New Brunswick legislature in 2004, including the RCMP, did so for “political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321 D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to assert, baldly, conclusory phrases such as “deliberately or negligently,” “callous disregard,” or “by fraud and theft did steal”. “The bare assertion of a conclusion upon which the court is called upon to pronounce is not an allegation of material fact”. Making bald, conclusory allegations without any evidentiary foundation is an abuse of process…
To this, I would add that the tort of misfeasance in public office requires a particular state of mind of a public officer in carrying out the impunged action, i.e., deliberate conduct which the public officer knows to be inconsistent with the obligations of his or her office. For this tort, particularization of the allegations is mandatory. Rule 181 specifically requires particularization of allegations of “breach of trust,” “wilful default,” “state of mind of a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the Prothonotary’s Order, we are of the view that the Judge interfered absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim disclosed no reasonable claim and was fundamentally vexatious on the basis of jurisdictional concerns and the absence of material facts to ground a cause of action. Paragraph 14 of the Claim, which addresses the 2004 event, pleads no material facts as to how the RCMP officer engaged in deliberate and unlawful conduct, knew that his or her conduct was unlawful and likely to harm Mr. Amos, and acted in bad faith. While the Claim alleges elsewhere that Mr. Amos was barred from the New Brunswick legislature for political and/or malicious reasons, these allegations are not particularized and are directed against non-federal actors, such as the Sergeant-at-Arms of the Legislative Assembly of New Brunswick and the Fredericton Police Force. As such, the Judge erred in determining that Mr. Amos’ allegation that the RCMP barred him from the New Brunswick legislature in 2004 was capable of supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare allegations, devoid of any detail, such that it discloses no reasonable cause of action within the jurisdiction of the Federal Courts. Therefore, the Judge erred in interfering to set aside the Prothonotary’s Order striking the claim in its entirety. Further, we find that the Prothonotary made no error in denying leave to amend. The deficiencies in Mr. Amos’ pleadings are so extensive such that amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s cross-appeal, with costs, setting aside the Federal Court Judgment, dated January 25, 2016 and restoring the Prothonotary’s Order, dated November 12, 2015, which struck Mr. Amos’ Claim in its entirety without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET: | A-48-16 | ||
STYLE OF CAUSE: | DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN | ||
PLACE OF HEARING: | Fredericton, New Brunswick | ||
DATE OF HEARING: | May 24, 2017 | ||
REASONS FOR JUDGMENT OF THE COURT BY: | WEBB J.A. NEAR J.A. GLEASON J.A. | ||
DATED: | October 30, 2017 | ||
APPEARANCES:
David Raymond Amos | For The Appellant / respondent on cross-appeal (on his own behalf) |
Jan Jensen | For The Respondent / appELLANT ON CROSS-APPEAL |
SOLICITORS OF RECORD:
Nathalie G. Drouin Deputy Attorney General of Canada | For The Respondent / APPELLANT ON CROSS-APPEAL |
https://davidraymondamos3.blogspot.com/2017/11/on-all-hallows-eve-many-feds-and-many.html
Thursday, 2 November 2017
On all Hallows Eve many FEDS and many ghosts knew I saw RED not just the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis Banks
http://davidraymondamos3.blogspot.ca/2017/11/methinks-rcmp-fbi-dhs-and-lot-od.htmlWednesday, 1 November 2017
Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript
"Now I have a bone to pick with many judges in federal court and a lot in the Court of Queen's Bench of New Brunswick, but not all. And not every judge or every lawyer is a crook. Some of them are actually friends of mine. Only problem I have with them is they think I can't pull this off. That the system is just too powerful. Well could be. Call me crazy if you wish, I can be as crazy as I want to be. How do you explain my having FBI wiretap tapes of the mob and three weeks after he mentioned about me being in federal court, the outgoing Commissioner of the R.C.M.P. said beware of the mob. Bob Paulson said that"
---------- Original message ----------
From: Michael GIBBS michael.p.gibbs@rcmp-grc.gc.ca
Date: Thu, 02 Nov 2017 18:56:59 -0400
Subject: Re: Fwd: On all Hallows Eve many FEDS and many ghosts knew I saw RED not just the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis Banks (Out of Office)
To: David Amos motomaniac333@gmail.com
I will away from my office until Nov 13th. In my absence Insp John Sutherland will be the acting District Commander.
Thanks,
Mike
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 2 Nov 2017 18:56:50 -0400
Subject: Fwd: On all Hallows Eve many FEDS and many ghosts knew I saw RED not just the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis Banks
To: info@murphyslegal.ca, Gunther.Schonfeldt@cpc-cpp.gc.ca, ian.mcphail@crcc-ccetp.gc.ca, dean.buzza@rcmp-grc.gc.ca, Frank.McKenna@td.com, angelina.irinici@bellmedia.ca,
Michael.p.gibbs@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca, hon.ralph.goodale@canada.ca, Charles.Hamilton@cbc.ca
Cc: David Amos
http://www.rcmp-grc.gc.ca/en/member-conduct
Member conduct
•Conduct process overview
•Conduct hearing schedule
•Amended RCMP Act
•Annual report
•Report on Allegations of Harassment and Sexual Misconduct at the
RCMP's Canadian Police College Explosives Training Unit - July 14,
2016
Public trust is essential for the RCMP to effectively serve and
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in a manner that not only meets, but exceeds, the rightfully high
expectations of Canadians.
RCMP members are subject to the same laws as all Canadian citizens. In
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A new Code of Conduct and conduct process were developed in support of
the amended RCMP Act which came into force on November 28, 2014. The
new conduct process allows misconduct to be addressed in a more
responsive, timely and effective manner, and at the lowest appropriate
level. Emphasis is placed on identifying remedial, corrective and
educative solutions, rather than being limited to applying punitive
sanctions.
Conduct hearings
Conduct hearings are initiated in cases where the member's dismissal
is being sought based on the overall circumstances of the allegations.
Conduct hearings are formal, court-like processes that are held before
a board of one or more persons. Boards have the legal authority to
hear evidence, such as sworn testimony, to make determinations as
required and, if the contravention(s) is established, to administer
various conduct measures including dismissal.
Conduct hearings are open to the public. Hearing dates, times, and
locations, are available on the hearing schedule site.
Written board decisions
To request a copy of a written board decision, send an email to:
RCMP.AdjudicationRegistrar-GreffierArbitrage.GRC@rcmp-grc.gc.ca.
Please note that requests are generally addressed in order in which
they are received.
http://www.cbc.ca/news/canada/saskatchewan/colten-boushie-investigation-rcmp-1.4383816
RCMP clears itself of misconduct in Colten Boushie investigation
Family lawyer vows to appeal, says Mounties were wrong to surround family home
By Charles Hamilton, CBC News Posted: Nov 02, 2017 9:53 AM CT
"The family's lawyer said he plans to appeal to the Civilian Review
and Complaints Commission for the RCMP.
Boushie, 22, was killed on a farm near Biggar, Sask. in August 2016. (Facebook)
"There would have been other ways for the RCMP to notify Debbie
Baptiste of the death of her son," Chris Murphy said.
Murphy said the search of Baptiste's home was based on "complete
speculation" that an armed individual was inside.
"The police [didn't] have any reliable information," he said. "
http://saskatoon.ctvnews.ca/when-victims-families-hire-lawyers-chris-murphy-s-role-in-the-boushie-case-1.3360098
When victims’ families hire lawyers: Chris Murphy’s role in the Boushie case
Angelina Irinici, Published Friday, April 7, 2017 7:09PM CST
http://www.murphyslegal.ca/profile.php
As a criminal lawyer, drug prosecutor and civil litigator, I have
conducted hundreds of trials. Since becoming a criminal defence lawyer
in Toronto in 2004, I have successfully defended clients charged with
first-degree murder, and have earned dismissals on less serious
charges such as attempted murder, criminal negligence causing death,
impaired operation of a motor vehicle causing bodily harm, aggravated
assault, and multi-kilogram-level drug trafficking. I have appeared at
the Supreme Court of Canada, and have conducted numerous appeals at
the Ontario Court of Appeal.
I am a former drug prosecutor with the Department of Justice Canada.
Before becoming a prosecutor, I acted as a judicial law clerk at the
Supreme Court of British Columbia and assisted Superior Court justices
in deciding the issues raised during criminal proceedings. I also
practiced civil litigation at a firm of some 150 lawyers in Calgary,
Alberta. In addition, I served as a special constable with the Royal
Canadian Mounted Police.
I received a Bachelor of Laws with Distinction from the University of
Saskatchewan in 2000. In 1997, I graduated from the University of
British Columbia with a Masters of Arts degree. I had previously
graduated from the U of S in 1994 with a Bachelor of Arts Degree with
High Honours. In 2004, I received a Certificate in International
Criminal Law from Salzburg Law School.
161 Bay St.,
Suite #2900
Toronto, Ontario
M5J 2S1
t. 416.306.2956
f. 416.362.8410
info@murphyslegal.ca
---------- Forwarded message ----------
From: David Amos
Date: Thu, 2 Nov 2017 16:21:31 -0400
Subject: On all Hallows Eve many FEDS and many ghosts knew I saw RED
not just the ghosts of Anna Mae Pictou Aquash and her old lover boy
Dennis Banks
To: PREMIER@novascotia.ca, OAA@novascotia.ca, bbachrach@bachrachlaw.net, jamiebaillie@gov.ns.ca, Hon.Chrystia.Freeland@canada.ca,
carolyn.bennett@parl.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca, Dale.Morgan@rcmp-grc.gc.ca, dale.drummond@rcmp-grc.gc.ca, David.Coon@gnb.ca,
washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca
Cc: David Amos
http://davidraymondamos3.blogspot.ca/2017/11/on-all-hallows-eve-many-feds-and-many.html
Thursday, 2 November 2017
On all Hallows Eve many FEDS and many ghosts knew I saw RED not just
the ghosts of Anna Mae Pictou Aquash and her old lover boy Dennis
Banks
http://davidraymondamos3.blogspot.ca/2017/11/methinks-rcmp-fbi-dhs-and-lot-od.html
Wednesday, 1 November 2017
Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be
concerned about this transcript
"Now I have a bone to pick with many judges in federal court and a lot
in the Court of Queen's Bench of New Brunswick, but not all. And not
every judge or every lawyer is a crook. Some of them are actually
friends of mine. Only problem I have with them is they think I can't
pull this off. That the system is just too powerful. Well could be.
Call me crazy if you wish, I can be as crazy as I want to be. How do
you explain my having FBI wiretap tapes of the mob and three weeks
after he mentioned about me being in federal court, the outgoing
Commissioner of the R.C.M.P. said beware of the mob. Bob Paulson said
that"
---------- Original message ----------
From: Newsroom newsroom@globeandmail.com
Date: Thu, 2 Nov 2017 19:33:26 +0000
Subject: Automatic reply: Yo Premie Stevey Boy McNeil RE the Demise of Anna Mae Pictou Aquash's lover boy Dennis Banks Say Hoka Hey to my former Yankee friend Barry Bacjrach for me will ya?
To: David Amos motomaniac333@gmail.com
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical support, please contact our Customer Service department at 1-800-387-5400 or send an email to customerservice@globeandmail.com
If you are reporting a factual error please forward your email to publiceditor@globeandmail.com
Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and press releases.
http://www.cbc.ca/news/indigenous/indigenous-activist-dennis-banks-dead-1.4378756
American Indigenous activist Dennis Banks dead at 80
Family says Banks developed pneumonia after undergoing heart surgery last month.
The Associated PressPosted: Oct 30, 2017 2:27 PM ET
In a Friday, May 14, 2010 photo, American Indigenous activist Dennis Banks waits to board a canoe to spread a net on Lake Bemidji near Bemidji, Minn., during an American Indian treaty rights protest. Banks, a co-founder of the American Indian Movement and a leader of the 1973 Wounded Knee occupation, died Sunday night at the Mayo Clinic in Rochester, Minn. (Chris Polydoroff/Pioneer Press via AP)
Dennis Banks, a co-founder of the American Indian Movement and a leader of the 1973 Wounded Knee occupation, has died, his family announced Monday. He was 80.
Banks was one of several activists who founded the American Indian Movement in Minneapolis in 1968, and he was a leader of AIM's armed takeover of Wounded Knee on the Pine Ridge Reservation in South Dakota in 1973, in a protest against both the tribal and U.S. governments. The village had been the site of a massacre by U.S. soldiers in 1890 that left an estimated 300 Indigenous people dead.
The occupiers held federal agents at bay for 71 days.
Banks died Sunday night, his family wrote on his Facebook page . He had developed pneumonia following heart surgery, and his family said they honored his wishes not to be put on life support.
Daughter Arrow Banks told The Associated Press the family would have more to say after a family meeting Monday.
Banks, whose Ojibwe name was Nowacumig, lived near the town of Federal Dam on the Leech Lake Reservation in northern Minnesota. His family said that as Banks took his last breaths, son Minoh Banks sang him four songs for his journey.
"All the family who were present prayed over him and said our individual goodbyes," the family said. "Then we proudly sang him the AIM song as his final send off."
Banks and fellow AIM leader Russell Means faced charges stemming from the Wounded Knee occupation, but a judge threw out the case. However, Banks spent 18 months in prison in the 1980s after being convicted for rioting and assault for a protest in Custer, South Dakota, earlier in 1973. He avoided prosecution on those charges for several years because California Gov. Jerry Brown refused to extradite him, and the Onondaga Nation in New York gave him sanctuary.
Banks was part of a group of AIM supporters who returned to Wounded Knee in 2003 to mark the 30th anniversary of the standoff, in which two Native Americans died. Banks paid tribute to them as "warriors" and declared it "a national holiday." He was also there in 1998 for the 25th anniversary.
Banks also helped lead a takeover of the Bureau of Indian Affairs offices in Washington, D.C., in 1972 as part of a protest dubbed "The Trail of Broken Treaties." And he was a participant in the 1969-71 occupation by Native Americans of Alcatraz Island, the site of the former prison in San Francisco Bay.
He returned to the Leech Lake Reservation in the late 1990s and founded a company that sold wild rice and maple syrup, trading on his famous name.
In 2010, Banks joined several other Ojibwe from the Leech Lake and White Earth bands who tested their rights under an 1855 treaty by setting out nets illegally on Lake Bemidji a day before Minnesota's fishing season opener.
The Banks family said funeral arrangements were still being finalized, but that he would be buried with traditional services in his home community of Leech Lake.
Banks was one of several activists who founded the American Indian Movement in Minneapolis in 1968, and he was a leader of AIM's armed takeover of Wounded Knee on the Pine Ridge Reservation in South Dakota in 1973, in a protest against both the tribal and U.S. governments. The village had been the site of a massacre by U.S. soldiers in 1890 that left an estimated 300 Indigenous people dead.
The occupiers held federal agents at bay for 71 days.
Banks died Sunday night, his family wrote on his Facebook page . He had developed pneumonia following heart surgery, and his family said they honored his wishes not to be put on life support.
Daughter Arrow Banks told The Associated Press the family would have more to say after a family meeting Monday.
Banks, whose Ojibwe name was Nowacumig, lived near the town of Federal Dam on the Leech Lake Reservation in northern Minnesota. His family said that as Banks took his last breaths, son Minoh Banks sang him four songs for his journey.
"All the family who were present prayed over him and said our individual goodbyes," the family said. "Then we proudly sang him the AIM song as his final send off."
Banks and fellow AIM leader Russell Means faced charges stemming from the Wounded Knee occupation, but a judge threw out the case. However, Banks spent 18 months in prison in the 1980s after being convicted for rioting and assault for a protest in Custer, South Dakota, earlier in 1973. He avoided prosecution on those charges for several years because California Gov. Jerry Brown refused to extradite him, and the Onondaga Nation in New York gave him sanctuary.
Banks was part of a group of AIM supporters who returned to Wounded Knee in 2003 to mark the 30th anniversary of the standoff, in which two Native Americans died. Banks paid tribute to them as "warriors" and declared it "a national holiday." He was also there in 1998 for the 25th anniversary.
Banks also helped lead a takeover of the Bureau of Indian Affairs offices in Washington, D.C., in 1972 as part of a protest dubbed "The Trail of Broken Treaties." And he was a participant in the 1969-71 occupation by Native Americans of Alcatraz Island, the site of the former prison in San Francisco Bay.
He returned to the Leech Lake Reservation in the late 1990s and founded a company that sold wild rice and maple syrup, trading on his famous name.
In 2010, Banks joined several other Ojibwe from the Leech Lake and White Earth bands who tested their rights under an 1855 treaty by setting out nets illegally on Lake Bemidji a day before Minnesota's fishing season opener.
The Banks family said funeral arrangements were still being finalized, but that he would be buried with traditional services in his home community of Leech Lake.
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 2 Nov 2017 15:33:18 -0400
Subject: Yo Premie Stevey Boy McNeil RE the Demise of Anna Mae Pictou Aquash's lover boy Dennis Banks Say Hoka Hey to my former Yankee friend Barry Bacjrach for me will ya?
To: PREMIER@novascotia.ca, OAA@novascotia.ca, bbachrach@bachrachlaw.net, jamiebaillie@gov.ns.ca, Hon.Chrystia.Freeland@canada.ca, carolyn.bennett@parl.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca,
Dale.Morgan@rcmp-grc.gc.ca, dale.drummond@rcmp-grc.gc.ca, David.Coon@gnb.ca, washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca
Cc: david.raymond.amos@gmail.com, gopublic@cbc.ca, newsroom@globeandmail.ca, news@kingscorecord.com, news-tips news-tips@nytimes.com, law@stevenfoulds.ca, bob.rae@rogers.blackberry.net, oldmaison@yahoo.com, andre andre@jafaust.com, leader@greenparty.ca, PETER.MACKAY@bakermckenzie.com, Marc.Litt@bakermckenzie.com
Trust that I called all three off your offices and lots of others as well
http://nslegislature.ca/index.php/people/members/Stephen_McNeil
Stephen McNeil
Office of the Premier
7th Floor, One Government Place
1700 Granville Street
Halifax, Nova Scotia
B3J 1X5
Phone: 902-424-6600
PREMIER@novascotia.ca
Intergovernmental Affairs
5251 Duke St., 5th Floor
P.O. Box 1617
Halifax, NS
B3J 2Y3
Phone: 902-424-5153
PREMIER@novascotia.ca
Aboriginal Affairs
Phone: 902-424-7409
OAA@novascotia.ca
http://news.bbc.co.uk/2/hi/americas/3654785.stm
Native American prisoner to fight on
by Chris Summers
BBC News Online
Native American activist Leonard Peltier has spent 28 years in prison
for a crime he says he did not commit - the cold-blooded murder of two
FBI agents on an Indian reservation in the summer of 1975. On Friday,
as another activist was jailed for life for a murder on the same
reservation, BBC News Online spoke to Peltier's lawyer Barry Bachrach.
"Mr Bachrach said: "We are not going to go away. This is an injustice
and a government cover-up and we are just not going to go away until
Leonard is released and even when he is released we will not go away."
He recently wrote to the US Congress asking them to widen an
investigation into FBI misconduct in Boston, Massachusetts (involving
mafia boss James "Whitey" Bulger) to include alleged misconduct among
FBI agents in South Dakota in the 1970s. "
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
https://www.youtube.com/watch?v=G6Zhm5L51XU
Investigative Reporting, the Murder of Annie Mae by members of AIM
Paul DeMain
Published on Nov 24, 2016
During the 2011 Native American Journalists Association national
conference held Florida, panelist Attorney Barry Bachrach, (who once
represented Leonard Peltier), journalist Paul DeMain and the daughter
of Annie Mae Aquash discuss the murder of Annie Mae Pictou Aquash by
members of the American Indian Movement in 1975. Leadership members
of AIM, came to believe that Aquash may have been in informant, and
Peltier had bragged to Aquash about killing FBI agent Ron Williams at
close range. Aquash also knew about the 1973 murder of black civil
rights activist Perry Ray Robinson inside Wounded Knee 1973 by an AIM
security crew that, included Carter Camp, Dennis Banks, Stan Holder
and Leonard Crow Dog.
https://www.nytimes.com/2014/04/27/magazine/who-killed-anna-mae.html
Who Killed Anna Mae?
By ERIC KONIGSBERG APRIL 25, 2014
http://www.nativesunnews.today/news/2016-04-20/Voices_of_the_People/Dennis_Banks_professes_love_for_Anna_Mae.html
Dennis Banks professes love for Anna Mae | www.nativesunnews ...
20 Apr 2016 ... RAPID CITY –– Twenty-eight years after the body of
Mi'kmaq Indian Activist Anna Mae Pictou Aquash was found near Wanblee
on the Pine ...
http://www.cbc.ca/news/indigenous/indigenous-activist-dennis-banks-dead-1.4378756
American Indigenous activist Dennis Banks dead at 80.
The Associated Press Posted: Oct 30, 2017 2:27 PM ET|
http://www.cbc.ca/player/play/1086550083983
Missing & Murdered Indigenous Women & Girls (MMIWG) report, Cabaret
law, Dennis Banks obit (Part 3)
As It Happens
November 1, 2017
Season 2017, Episode 300310969
Missing & Murdered Indigenous Women & Girls (MMIWG) report, For the
Record: plastic fish, Cabaret law, Dennis Banks obit, Amsterdam beer
bike ban
---------- Forwarded message ----------
From: "MinFinance / FinanceMin (FIN)" fin.minfinance-financemin.fin@canada.ca
Date: Mon, 18 Sep 2017 16:00:40 +0000
Subject: RE: So Stephen McGrath if not you then just exactly who sent
me this latest email from your office?
To: David Amos motomaniac333@gmail.com
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 18 Sep 2017 12:00:35 -0400
Subject: Re: So Stephen McGrath if not you then just exactly who sent
me this latest email from your office?
To: PREMIER@gov.ns.ca, jamiebaillie@gov.ns.ca, justmin@gov.ns.ca>,
StephenMcNeil@ns.aliantzinc.ca, terry.seguin@cbc.ca,
Jacques.Poitras@cbc.ca, steve.murphy@ctv.ca, nmoore@bellmedia.ca, David.Akin@globalnews.ca, Davidc.Coon@gmail.com, Bill.Morneau@canada.ca, Dominic.Cardy@gnb.ca>, atlantic.director@taxpayer.com, blaine.higgs@gnb.ca, BrianThomasMacdonald@gmail.com, mike.obrienfred@gmail.com, premier@gnb.ca, briangallant10@gmail.com, classaction@wagners.co, oldmaison@yahoo.com, leanne.murray@mcinnescooper.com, jbosnitch@gmail.com
Cc: david.raymond.amos@gmail.com, ronald.j.macdonald@novascotia.ca, dpink@nsbs.org, michael.comeau@gnb.ca, JUSTWEB@novascotia.ca
On 9/18/17, David Amos motomaniac333@gmail.com wrote:
> ---------- Forwarded message ----------
> From: Justice Website JUSTWEB@novascotia.ca
> Date: Mon, 18 Sep 2017 14:21:11 +0000
> Subject: Emails to Department of Justice and Province of Nova Scotia
> To: motomaniac333@gmail.com
>
> 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
>
>
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 8 Aug 2013 18:11:05 -0300
Subject: Yo Chucky Baby your old buddy Conrad Mead thinks I am joking
about MURDER and death threats
To: oldmaison@yahoo.com, info@957thewolf.ca,
bernadine.chapman@rcmp-grc.gc.ca, police@fredericton.ca, Leanne.Fitch@fredericton.ca, minister@aadnc-aandc.gc.ca, Jacques.Poitras@cbc.ca
Cc: david.raymond.amos@gmail.com
http://charlesotherpersonality.blogspot.ca/2013/08/all-news-staff-from-khj-radio-in.html
Conrad Mead said...
They can come work for me at CKTP radio "the Wolf". I don't pay
much but I do need a news team. The station is under a native licence
but we play blues music 24/7.
11:40 AM, August 08, 2013
1036 McLeod Hill Road McLeod Hill NB E3G 6J7 Canada
Email: info@957thewolf.ca
Phone: (506) 474-2795
Fax: (506) 206-3301
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Sat, 15 Jun 2013 02:40:18 -0300
Subject: YO FBI Special Agent Richard Deslauriers I just called your
office and the nasty Yankee played dumb as usual
To: boston@ic.fbi.gov, washington.field@ic.fbi.gov, bob.paulson@rcmp-grc.gc.ca, Kevin.leahy@rcmp-grc.gc.ca, Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov, Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com, bbachrach@bachrachlaw.net
Cc: david.raymond.amos@gmail.com, birgittaj@althingi.is, shmurphy@globe.com, redicecreations@gmail.com
Clearly I am not joking
Just Dave
By Location Visit Detail
Visit 19,571
Domain Name (Unknown)
IP Address 153.31.113.# (FBI Criminal Justice Information Systems)
ISP FBI Criminal Justice Information Systems
Location Continent : North America
Country : United States (Facts)
State : West Virginia
City : Clarksburg
Lat/Long : 39.2664, -80.3097 (Map)
Language English (U.S.) en-us
Operating System Microsoft WinXP
Browser Internet Explorer 8.0
Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET
CLR 2.0.50727; .NET CLR 3.0.04506.648; .NET CLR 3.5.21022; InfoPath.2;
.NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; .NET CLR 1.1.4322; MS-RTC
LM 8; .NET4.0C; .NET4.0E)
Javascript version 1.3
Monitor Resolution : 800 x 600
Color Depth : 32 bits
Time of Visit Jun 12 2013 5:00:01 pm
Last Page View Jun 12 2013 5:00:01 pm
Visit Length 0 seconds
Page Views 1
Referring URL http://www.google.co...YIZDuTIWsfuPUhflswCk
Search Engine google.com
Search Words jp morgan and "andrew kosloff"
Visit Entry Page http://davidamos.blo...-stewart-and-me.html
Visit Exit Page http://davidamos.blo...-stewart-and-me.html
Out Click
Time Zone UTC-5:00
Visitor's Time Jun 12 2013 4:00:01 pm
Visit Number 19,571
On 6/15/13, David Amos motomaniac333@gmail.com wrote:
> FBI Boston
> One Center Plaza
> Suite 600
> Boston, MA 02108
> Phone: (617) 742-5533
> Fax: (617) 223-6327
> E-mail: Boston@ic.fbi.gov
>
> Hours
> Although we operate 24 hours a day, seven days a week, our normal
> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m., Monday
> through Friday. If you need to speak with a FBI representative at any
> time other than during normal business hours, please telephone our
> office at (617) 742-5533.
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 10 Jun 2013 01:20:20 -0300
> Subject: Yo Fred Wyshak and Brian Kelly your buddy Whitey's trial is
> finally underway now correct? What the hell do I do with the wiretap
> tapes Sell them on Ebay?
> To: Brian.Kelly@usdoj.gov, us.marshals@usdoj.gov,
> Fred.Wyshak@usdoj.gov, jcarney@carneybassil.com,
> bbachrach@bachrachlaw.net, michael wolfheart
> wolfheartlodge@live.com, jonathan.albano@bingham.com,
> shmurphy@globe.com, mvalencia@globe.com
> Cc: David Amos david.raymond.amos@gmail.com,
> oldmaison@yahoo.com, PATRICK.MURPHY@dhs.gov, rounappletree@aol.com
>
> http://www.bostonglobe.com/metro/2013/06/05/james-whitey-bulger-jury-selection-process-enters-second-day/KjS80ofyMMM5IkByK74bkK/story.html
>
> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>
> 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?v=vugUalUO8YY
>
> 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/ITriedToExplainItToAllMaritimersInEarly2006
>
> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>
> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>
> http://archive.org/details/Part1WiretapTape143
>
> 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
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: "Fred.Wyshak" Fred.Wyshak@usdoj.gov; "jcarney"
> jcarney@carneybassil.com; Brian.Kelly@usdoj.gov;
> us.marshals@usdoj.gov
> Cc: edit@thr.com; maritime_malaise@yahoo.ca;
> "Wayne.Lang" Wayne.Lang@rcmp-grc.gc.ca
> Sent: Monday, January 09, 2012 11:50 AM
> Subject: So Fred Wyshak has Brian Kelly and the rest of the corrupt
> Feds practiced the spirit of fill disclosure with Jay Carney??
>
> If so then why didn't Mr Carney return my phone calls last July???
> http://www.boston.com/news/local/massachusetts/articles/2012/01/09/bulger_lawyers_due_in_court_for_update_on_evidence/
>
> http://www.abajournal.com/news/article/lawyer_known_as_patron_saint_of_hopeless_cases_is_representing_whitey_bulge/
>
> http://bostonherald.com/news/regional/view/2011_0625lawyer_tab_is_in_billys_court_feds_believe_brother_should_shell_out_for_defense
>
> http://articles.boston.com/2011-07-01/news/29726987_1_jay-carney-bulger-brookline-clinics
>
> http://carneybassil.com/team/carney/
>
> Truth is stranger than fiction. Perhaps Ben Affleck and Matt Damon a
> couple of boyz from Beantown who done good will pay attention to mean
> old me someday EH?
>
> http://www.hollywoodreporter.com/news/ben-affleck-matt-damon-whitey-bulger-254994
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> SOMEBODY SHOULD ASK THE CBC AND THE COPS A VERY SIMPLE QUESTION.
>
> WHY was Byron Prior and I banned from parliamentry properties while I
> running for a seat in parliament in 2004 2 whole YEARS before the
> mindless nasty French Bastard Chucky Leblanc was barred in NB and yet
> the CBC, the Fat Fred City Finest and the RCMP still deny anything
> ever happened to this very day even though Chucky and his pals have
> blogged about it???
>
> http://www.cbc.ca/news/canada/new-brunswick/story/2006/06/20/nb-bloggerbanned20060620.html
>
> http://qslspolitics.blogspot.ca/2008/06/david-amos-vs-fat-fred-citys-finest.html
>
> http://qslspolitics.blogspot.ca/2008/04/david-amos-nb-nwo-whistleblower-part-3.html
>
> http://qslspolitics.blogspot.com/2008/07/feds-institutionalize-determined-nb.html
>
> Did anybody bother to listen to me explain things to the Police
> Commissioners in 2004?
>
> http://archive.org/details/NewBrunswickPoliceCommission
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sun, 9 Jun 2013 21:56:57 -0300
> Subject: Re Yankee Feds Please allow me to be brief with the crooks in
> Wikileaks and the Guardian EH Birgitta and Ed Pilkington?
> To: "Fred.Wyshak" Fred.Wyshak@usdoj.gov, "john.warr"
> john.warr@rcmp-grc.gc.ca, redicecreations@gmail.com, birgittaj
> birgittaj@althingi.is, Piratar piratar@pirateparty.is,
> "ed.pilkington" ed.pilkington@guardian.co.uk, janice.smith@cbc.ca,
> camilla.inderberg@cbc.ca, "david.akin" david.akin@sunmedia.ca,
> Alan.Dark@cbc.ca, newsonline newsonline@bbc.co.uk, "John.Williamson"
> John.Williamson@parl.gc.ca
> Cc: David Amos david.raymond.amos@gmail.com, aih aih@cbc.ca,
> news-tips news-tips@nytimes.com, "bob.paulson"
> bob.paulson@rcmp-grc.gc.ca, "Gilles.Blinn" Gilles.Blinn@rcmp-grc.gc.ca
>
> http://www.guardian.co.uk/world/2013/jun/09/edward-snowden-nsa-whistleblower-surveillance
>
> "Snowden will go down in history as one of America's most
> consequential whistleblowers, alongside Daniel Ellsberg and Bradley
> Manning. He is responsible for handing over material from one of the
> world's most secretive organisations – the NSA."
>
> ----- Original Message -----
> From: David Amos
> To: ed.pilkington@guardian.co.uk
> Cc: david.raymond.amos@gmail.com
> Sent: Wednesday, August 03, 2011 4:04 PM
> Subject: Ed Here is your ticket to keep you out of hot water Just send
> this to Hugh Grant and he can raise hell for you
>
>
> Byway of the US FTC the Feds in many countries can never deny that
> they did not know the truth long ago
>
> From: Ed Pilkington ed.pilkington@guardian.co.uk
> Subject: GUARDIAN
> To: myson333@yahoo.com
> Date: Wednesday, August 3, 2011, 11:42 AM
>
> hi
>
> here's my email and my cell number is below
>
> all best
>
> Ed
>
> --
> Ed Pilkington
> New York bureau chief
> The Guardian
> www.guardian.co.uk
> twitter.com/Edpilkington
>
> Cell: 646 704 1264
>
> Please consider the environment before printing this email.
> ------------------------------------------------------------------
> Visit guardian.co.uk - newspaper of the year
> www.guardian.co.uk www.observer.co.uk
>
> On your mobile, visit m.guardian.co.uk or download the Guardian
> iPhone app www.guardian.co.uk/iphone
>
> To save up to 30% when you subscribe to the Guardian and the Observer
> visit www.guardian.co.uk/subscriber
> ---------------------------------------------------------------------
> This e-mail and all attachments are confidential and may also
> be privileged. If you are not the named recipient, please notify
> the sender and delete the e-mail and all attachments immediately.
> Do not disclose the contents to another person. You may not use
> the information for any purpose, or store, or copy, it in any way.
>
> Guardian News & Media Limited is not liable for any computer
> viruses or other material transmitted with or as part of this
> e-mail. You should employ virus checking software.
>
> Guardian News & Media Limited
>
> A member of Guardian Media Group plc
> Registered Office
> PO Box 68164
> Kings Place
> 90 York Way
> London
> N1P 2AP
>
> Registered in England Number 908396
>
> THE GUARDIAN MUST REMEMBER ME EH EDDY BABY???
>
> Click on this link
>
> http://50states.ning.com/video/rcmp-sussex-new-brunswick
>
> OR SCROLL DOWN TO ASSURE YOURSELF THAT WIKILEAKS OR THE CROWN CORPS
> KNOWN AS THE CBC AND THE RCMP TO NAME ONLY THREE CAN NEVER DENY THAT
> THEY DON'T KNOW ALL ABOUT MEAN OLD ME AND MY CONCERNS
>
> HOWCOME FOR 10 YEARS PUBLIC OFFICIALS IN THE USA CANADA ICELAND
> ENGLAND AND ALL THE OTHERS WITHIN "COALITION OF THE WILLING" ETC
> IGNORED THE FACT THAT I HAVE HAD MANY YANKEE WIRETAP TAPES THAT COULD
> HAVE IMPEACHED GEORGEY BOY BUSH AND HIS COHORTS LONG BEFORE THE
> PATRIOT ACT OR THE WAR ON IRAQ BEGAN???
>
>
>
> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>
> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>
>
> FEDERAL EXPRES February 7, 2006
> Senator Arlen Specter
> United States Senate
> Committee on the Judiciary
> 224 Dirksen Senate Office Building
> Washington, DC 20510
>
> Dear Mr. Specter:
>
> I have been asked to forward the enclosed tapes to you from a man
> named, David Amos, a Canadian citizen, in connection with the matters
> raised in the attached letter.
>
> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>
> I believe Mr. Amos has been in contact with you about this previously.
>
> Very truly yours,
> Barry A. Bachrach
> Direct telephone: (508) 926-3403
> Direct facsimile: (508) 929-3003
> Email: bbachrach@bowditch.com
>
> http://joyb.blogspot.ca/2010/11/my-statement-from-nato-parliamentary.html
>
> http://50states.ning.com/video/rcmp-sussex-new-brunswick
>
> http://www.nycga.net/members/davidraymondamos/
>
>> From: David Amos
>> Date: Sat, 17 Sep 2011 23:22:00 -0300
>> Subject: i just called from 902 800 0369 (Nova Scotia)
>> To: 9.17occupywallstreet@gmail.com
>>
>> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-...
>>
>> I am the guy the SEC would not name that is the link to Madoff and
>> Putnam Investments
>>
>> http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hear...
>>
>> Notice the transcript and webcast of the hearing of the US Senate
>> banking Commitee is missing? please notice Eliot Spitzer and the Dates
>> around November 20th, 2003 in te following file
>>
>> http://www.checktheevidence.com/pdf/2526023-DAMOSIntegrity-yea-righ...
>>
>> From: ”Julian Assange)”
>> Date: Sun, 7 Mar 2010 18:15:46 +0000 (GMT)
>> Subject: Al Jazeera on Iceland’s plan for a press safe haven
>> To: david.raymond.amos@gmail.com
>>
>> FYI: Al-Jazeera’s take on Iceland’s proposed media safe haven
>>
>> http://www.youtube.com/watch?v=ZbGiPjIE1pE
>>
>> More info http://immi.is/
>>
>> Julian Assange
>> Editor
>> WikiLeaks
>> http://wikileaks.org/
>>
>>
>> From: Birgitta Jonsdottir
>> Date: Wed, 8 Dec 2010 07:14:02 +0000
>> Subject: Re: Bon Soir Birgitta according to my records this is the
>> first email I ever sent you
>> To: David Amos
>>
>> dear Dave
>> i have got your email and will read through the links as soon as i
>> find some time
>> keep up the good fight in the meantime
>>
>> thank you for bearing with me
>> i am literary drowning in requests to look into all sorts of matters
>> and at the same time working 150% work at the parliament and
>> the creation of a political movement and being a responsible parent:)
>> plus all the matters in relation to immi
>>
>> with oceans of joy
>> birgitta
>>
>> Better to be hated for what you are than to be loved for what you are
>> not.
>>
>> Andre Gide
>>
>> Birgitta Jonsdottir
>> Birkimelur 8, 107 Reykjavik, Iceland, tel: 354 692 8884
>> http://this.is/birgitta – http://joyb.blogspot.com -
>> http://www.facebook.com/birgitta.jonsdottir
>>
>
>
> ---------- Forwarded message ----------
> From: Henrik Palmgren redicecreations@gmail.com
> Date: Sun, 26 Aug 2012 14:46:26 +0200
> Subject: Re: Oh my my I guess we know the score on you EH?
> To: David Amos motomaniac333@gmail.com
>
> Oh my. Don't send me your spam. It's not good for anything.
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Thu, 16 May 2013 17:27:53 -0300
> Subject: Re Teddy Baby Olson was on Fox News today yapping about
> Presidential enemies list as he represents the crooks in Koch
> Industries??? If anyone should know about such things it is Olson
> after all he assisted Ashcroft and Bush against me
> To: pm pm@pm.gc.ca, Office@tigta.treas.gov, RBauer@perkinscoie.com,
> mark.vespucci@ci.irs.gov, "Gilles.Moreau"
> Gilles.Moreau@rcmp-grc.gc.ca, ron.klain@revolution.com,
> dboies@bsfllp.com, tolson@gibsondunn.com, bginsberg@pattonboggs.com,
> "ed.pilkington" ed.pilkington@guardian.co.uk, news
> > Cc: David Amos david.raymond.amos@gmail.com,
> rtalach@ledroitbeckett.com, gregory.craig@skadden.com,
> Patrick.Fitzgerald@skadden.com
>
> Hey
>
> As Harper sits and bullshits his cohorts in the Council of Foreign
> Relations in the Big Apple today I bet he was listening to what was
> happening with Obama and the IRS and Holder and his DOJ minions
> in Washington.
>
> Notice the Inspector General of the IRS Dudes within this old file?
>
> http://www.scribd.com/doc/9092510/Chicago
>
> Everybody and his dog knows Harper knew about my battles with the US
> Treasury and Justice Depts way back when he was the boss of the
> opposition in Canada's Parliament. Two simple files easily found on
> the Internet cannot be argued.
>
> Notice how old the letter and Form 211 are?
>
> http://qslspolitics.blogspot.ca/2008/06/5-years-waiting-on-bank-fraud-payout.html
>
> Here the Inspector Generals calling me 7 years ago?
>
> http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc
>
> FOR FURTHER INFORMATION CONTACT: Office of Chief Counsel, Treasury.
> Inspector General for Tax Administration, (202) 622-4068.
>
> When Teddy bitches about polticians using the IRS to attack their
> enemies because he knows it true because he helped Bush the IRS
> against me when Obama was just a State Senator .
>
> The proof was when I sent him the documents that came along with the letter
> found on page 13 of this old file Teddy Baby Olson quit as Solicitor
> General.
>
> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf
>
> Harper and every body else knows It was no coincidence that I sent the
> lawyers Olson as Solicitior General, Ferguson as the co chair of the
> Federal Reserve Bank, and J Strom Thurmond Jr the youngest US
> Attorney the same pile of documents on April Fools Day 2004.
>
> The sad but terrible truth is that legions of cops, lawyers polticians
> and bureaucrats in Canada and the USA knew about the US Secret Service
> coming to my home after dark on April Fools Day 2003 bearing false
> allegations of a presidential threat and threatening to use their
> implied right to use exta ordinary rendition against me as a non
> citizen less than two weeks after the needless War in Iraq began and
> no WMD were ever found.
>
> You can bet dimes to dollars i called some Yankee Inspector Generals
> (starting with 202 622 4068) and reminded them that I am still alive
> and kicking and reminding the world of their malicious incompetence
>
> Veritas Vincit
> David Raymond Amos
> 902 800 0369
>
> PS Below you can review some emails I sent you and your Yankee cohorts
> such asTeddy Baby Olson before Obama was reelected EH Harper? In truth
> I would rather settle in confidence with Obama then sue the Hell out
> of the CROWN and the Holy See Trust that the evil old Judge Bastarache
> has known why for a very long time.
>
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: "Rob Talach" rtalach@ledroitbeckett.com
> Sent: Tuesday, June 12, 2012 10:59 PM
> Subject: Re: Attn Robert Talach and I should talk ASAP about my suing
> the Catholic Church Trust that Bastarache knows why
>
> The date stamp on about page 134 of this old file of mine should mean
> a lot to you
>
> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf
>
>
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Wed, 21 Nov 2012 15:37:08 -0400
> Subject: To Hell with the KILLER COP Gilles Moreau What say you NOW
> Bernadine Chapman??
> To: Gilles.Moreau@rcmp-grc.gc.ca, phil.giles@statcan.ca,
> maritme_malaise@yahoo.ca, Jennifer.Nixon@ps-sp.gc.ca,
> bartman.heidi@psic-ispc.gc.ca, Yves.J.Marineau@rcmp-grc.gc.ca,
> david.paradiso@erc-cee.gc.ca, desaulniea@smtp.gc.ca,
> denise.brennan@tbs-sct.gc.ca, anne.murtha@vac-acc.gc.ca, webo
> webo@xplornet.com, julie.dickson@osfi-bsif.gc.ca,
> rod.giles@osfi-bsif.gc.ca, flaherty.j@parl.gc.ca, toewsv1
> toewsv1@parl.gc.ca, "Nycole.Turmel" Nycole.Turmel@parl.gc.ca,
> Clemet1 Clemet1@parl.gc.ca, maritime_malaise
> maritime_malaise@yahoo.ca, oig oig@sec.gov, whistleblower
> whistleblower@finra.org, whistle > david@fairwhistleblower.ca
> Cc: j.kroes@interpol.int, David Amos david.raymond.amos@gmail.com,
> bernadine.chapman@rcmp-grc.gc.ca, "justin.trudeau.a1"
> justin.trudeau.a1@parl.gc.ca, "Juanita.Peddle"
> Juanita.Peddle@rcmp-grc.gc.ca, oldmaison oldmaison@yahoo.com,
> "Wayne.Lang" Wayne.Lang@rcmp-grc.gc.ca, "Robert.Trevors"
> Robert.Trevors@gnb.ca, "ian.fahie" ian.fahie@rcmp-grc.gc.ca
>
> http://www.rcmp-grc.gc.ca/nb/news-nouvelles/media-medias-eng.htm
>
> http://nb.rcmpvet.ca/Newsletters/VetsReview/nlnov06.pdf
>
>
> From: Gilles Moreau Gilles.Moreau@rcmp-grc.gc.ca
> Date: Wed, 21 Nov 2012 08:03:22 -0500
> Subject: Re: Lets ee if the really nasty Newfy Lawyer Danny Boy
> Millions will explain this email to you or your boss Vic Toews EH
> Constable Peddle???
> To: David Amos motomaniac333@gmail.com
>
> Please cease and desist from using my name in your emails.
>
> Gilles Moreau, Chief Superintendent, CHRP and ACC
> Director General
> HR Transformation
> 73 Leikin Drive, M5-2-502
> Ottawa, Ontario K1A 0R2
>
> Tel 613-843-6039
> Cel 613-818-6947
>
> Gilles Moreau, surintendant principal, CRHA et ACC
> Directeur général de la Transformation des ressources humaines
> 73 Leikin, pièce M5-2-502
> Ottawa, ON K1A 0R2
>
> tél 613-843-6039
> cel 613-818-6947
> gilles.moreau@rcmp-grc.gc.ca
>
>
>>>> David Amos 2012-11-21 00:01 >>>
>
> Could ya tell I am investigating your pension plan bigtime? Its
> because no member of the RCMP I have ever encountered has earned it
> yet
>
> Obviously I am the guy the USDOJ and the SEC would not name who is the
> link to Madoff and Putnam Investments
>
> Here is why
>
> http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=90f8e691-9065-4f8c-a465-72722b47e7f2
>
> Notice the transcripts and webcasts of the hearing of the US Senate
> Banking Commitee are still missing? Mr Emory should at least notice
> Eliot Spitzer and the Dates around November 20th, 2003 in the
> following file
>
> http://www.checktheevidence.com/pdf/2526023-DAMOSIntegrity-yea-right.-txt.pdf
>
> NONE of you should have assisted in the cover up of MURDER CORRECT???
>
>
> http://www.gazette.gc.ca/rp-pr/p2/2011/2011-06-22/html/sor-dors122-eng.html
>
> ----- Original Message -----
> From: "David Amos" david.raymond.amos@gmail.com
> To: Edith.Cody-Rice@cbc.ca; Rob.Renaud@cbc.ca
> Sent: Tuesday, January 13, 2009 7:45 PM
> Subject: Question # 1 who the hell is Rob Renaus and di Robert Jone
> and Jaques Poitra and Alan white etc forward you my latest emails
>
>
> ---------- Forwarded message ----------
> From: Edith Cody-Rice Edith.Cody-Rice@cbc.ca
> Date: Tue, 13 Jan 2009 16:53:07 -0500
> Subject: Calls and E-mails to CBC
> To: david.raymond.amos@gmail.com
> Cc: Rob Renaud Rob.Renaud@cbc.ca
>
> Dear Mr. Amos:
>
> CBC personnel have contacted me concerning your calls and e-mails to
> them. As you are threatening legal action, would you kindly direct any
> further calls or correspondence to me. Other CBC personnel will not
> respond further to your correspondence or calls.
>
>
> Edith Cody-Rice
> Senior Legal Counsel
> Premier Conseiller juridique
> CBC/Radio-Canada
> 181 Queen Street, Ottawa, Ontario K1P 1K9
> Postal Address: P.O. Box 3220, Station C, Ottawa K1Y 1E4
> Tel: (613) 288-6164
> Cell: (613) 720-5185
> Fax/ Télécopieur (613) 288-6279
>
> IMPORTANT NOTICE
> This communication is subject to solicitor/client privilege and
> contains confidential information intended only for the person(s) to
> whom it is addressed. Any unauthorized disclosure, copying, other
> distribution of this communication
> or taking any action on its contents is strictly prohibited. If you
> have received this message in error, please notify us immediately and
> delete this message without reading, copying or forwarding it to
> anyone.
>
> AVIS IMPORTANT
> La présente communication est assujettie au privilège du secret
> professionnel de l'avocat et renferme des renseignements confidentiels
> intéressant uniquement leur destinataire. Il est interdit de
> divulguer, de copier ou de distribuer cette communication par quelque
> moyen que ce soit ou de donner suite à son contenu sans y être
> autorisé. Si vous avez reçu ce message par erreur, veuillez nous en
> avertir immédiatement et le supprimer en évitant de le lire, de le
> copier ou de le transmettre à qui que ce soit.
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Sat, 17 Nov 2012 14:10:14 -0400
> Subject: Yo Mr Bauer say hey to your client Obama and his buddies in
> the USDOJ for me will ya?
> To: RBauer RBauer@perkinscoie.com, sshimshak@paulweiss.com,
> cspada@lswlaw.com, msmith msmith@svlaw.com, bginsberg
> bginsberg@pattonboggs.com, "gregory.craig"
> gregory.craig@skadden.com, pm > bob.paulson@rcmp-grc.gc.ca, "bob.rae"
> bob.rae@rogers.blackberry.net, MulcaT MulcaT@parl.gc.ca, leader
> leader@greenparty.ca
> Cc: alevine@cooley.com, David Amosdavid.raymond.amos@gmail.com.
> michael.rothfeld@wsj.com, remery@ecbalaw.com
>
> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-on.html
>
> QSLS Politics
> By Location Visit Detail
> Visit 29,419
> Domain Name usdoj.gov ? (U.S. Government)
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> State : District of Columbia
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https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-defence-lawyer-1.4861528
Gary Miller quits Dennis Oland's legal team as murder retrial begins
Prominent Fredericton lawyer, who is being replaced by Michael Lacy of Toronto, cites benefit of fresh eyes
One of Dennis Oland's defence lawyers is stepping down, just as his retrial for second-degree murder in the 2011 death of his father, multimillionaire Richard Oland, gets underway in Saint John today with jury selection.
Gary Miller, who has represented Dennis Oland from the beginning and is one of the most prominent and experienced criminal defence lawyers in New Brunswick, is being replaced by Michael Lacy of Toronto.
"It's not real complicated," Miller told CBC News. "I generally think that it's a good idea to get a fresh set of eyes on a retrial, pure and simple."
- On mobile? Follow our live blog here
The other members of his defence team on retrial include Alan Gold of Toronto, and James McConnell of Saint John, who were both involved in the first trial.
The Crown prosecutors are P.J. Veniot, Derek Weaver and Jill Knee.
Miller, 70, of Fredericton, said he could think of only one other case in his 41-year career where he represented a client at both trial and retrial.
Am I looking forward to sinking my teeth into something else? You betcha.- Gary Miller, defence lawyer"And that was a relatively straightforward one-issue case," heard by a judge and jury at the first trial and by a judge alone on retrial.
"It wasn't this kind of case where there's issues all over the place," he said without elaborating.
Miller said he remained on the Oland defence team throughout the summer to give Lacy an opportunity to "get up to speed" and will participate in the jury selection, scheduled to begin at 9 a.m. AT at Saint John's Harbour Station, but his involvement going forward will be "peripheral … at best."
"Am I looking forward to sinking my teeth into something else? You betcha."
He will continue to follow the case "with keen interest," he added.
'Intensely familiar with the file'
Lacy, who trained under Gold and has worked with him on various cases during his 20-plus-year career, said he has worked on Oland's case since the original trial, although he has not appeared in court.
"My work on the appeal required me to get up to speed on all of the trial evidence and to become intensely familiar with the file. I have continued to work on the file since then in various ways," he said in an emailed statement.
"From my initial involvement in the case I was of the view that justice would only be served if Dennis was acquitted. I look forward to [continuing] to work with the other members of the team to achieve that end."
In April, the Ontario Court of Appeal dismissed Forcillo's appeal and opted to uphold his six-year prison sentence.
Earlier this year, Lacy helped win a new trial for former Esgenoôpetitj First Nation chief Wilbur Dedam on sexual assault charges dating back to the 1970s.
Dedam was sentenced in 2016 to nine years in prison after a jury found him guilty of six sex crimes against three girls, but the New Brunswick Court of Appeal overturned his convictions, citing violations of the Criminal Code of Canada and Canadian Charter of Rights and Freedoms during his trial.
'Tremendous amount of work'
Miller also "remains a valuable asset" to the defence team and will be available to consult on the case on an "as-needed basis," said Gold.
"He simply felt that the day-to-day work in court everyday was becoming too much. It's extremely taxing, not to mention the preparation you have to do each evening."
"I mean this is, as legal proceedings go, this is as large and demanding a legal proceeding as lawyers encounter," said Gold.
The Crown prosecutors and Saint John Police Force have "devoted thousands and thousands and thousands of hours" to the case, he said.
"So there's dozens and dozens and dozens of things that Dennis' lawyers have to prepare for court and for the jury."
"There is just a tremendous amount of work."
The scene earlier today at Harbour Station in #SaintJohn#NB as hundreds of people summonsed for possible jury duty for Dennis Oland's murder retrial waited to get through security and register
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada/new-brunswick/terrence-morrison-dennis-oland-retrial-judge-1.4889109
Judge assigned to oversee Dennis Oland's murder retrial is highly regarded
Court of Queen's Bench Justice Terrence Morrison specialized in commercial law before 2008 bench appointment
The judge overseeing Dennis Oland's retrial for the 2011 murder of his father,Richard is highly regarded among lawyers and considered a solid choice to handle the complex case, which has already tripped up one of New Brunswick's most experienced criminal jurists.
"I think he's probably a very good judge for the Oland trial," said Hartland lawyer Peter Hyslop of Justice Terrence Morrison.
Hyslop once opposed Morrison at utilities board hearings a dozen years ago when the two were lawyers and later appeared before him following his judicial appointment in 2008.
"Patient is the word that first comes to me. He's very thorough and takes his time and is a pleasure to appear in front of."
The Oland family is so prominent in the Saint John area, none of the judges who normally handle local murder trials have been able to take the case.
Justice John (Jack) Walsh was brought to Saint John from Miramichi to handle the first trial in 2015.
That resulted in a jury finding Dennis Oland guilty, but the Court of Appeal threw the conviction out, citing an error in Walsh's jury instructions.
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Court of Queen's Bench Justice John (Jack) Walsh, who presided over Dennis Oland's first trial, is one of the country's foremost experts in the legal application of forensic DNA typing. (Andrew Robson)Morrison has been imported from Fredericton to run the second trial.
A 1978 graduate of Acadia University, Morrison obtained a law degree from the University of New Brunswick three years later. He worked as a lawyer in private practice for 26 years, mostly in Fredericton, before becoming a judge but far from the murder and mayhem of criminal court.
He specialized instead in the high-rent legal areas of commercial, contract and administrative law.
That's a big difference from Walsh. He came to the Oland trial immersed in criminal matters after a long career as a Crown prosecutor, but he still made enough of an error in his lengthy charge to the jury to scuttle the entire first trial.
Hyslop said properly managing the information that reaches a jury in a trial of someone charged with a serious crime is notoriously tricky even for the most experienced judges.
"A justice once told me criminal trials are the most challenging because of the nature of decisions they have to make during the trial itself on the admissibility of evidence and on making a carefully planned summation to juries," said Hyslop.
"The ultimate decision doesn't rest with the judge. A lot of the decisions that have to be made on the way to the conclusion are made by the judge and they have to made expeditiously."
Still for Morrison, 10 years on the bench, first in Woodstock and more recently in Fredericton, has served to expose him to a variety of criminal trials, including sex crimes, drug offences, assaults and at least one other brutal murder.
In 2014, he sentenced Kyle Scott for the vicious bludgeoning death of 82-year-old Sarah Kennedy near Woodstock. Kennedy had tried to help Scott after his ATV broke down near her home and he repaid the kindness by striking her 19 times with a hammer and cutting her throat after she died.
"The killing was random and senseless," said Morrison as he sentenced Scott, who had pleaded guilty to second-degree murder, the same charge facing Dennis Oland.
Citing the "multiple hammer blows delivered to Ms. Kennedy and the deliberate mutilation of her corpse," Morrison said he considered Scott's actions "much further along the spectrum of brutality" than previous cases he was being asked to compare it to.
He sentenced the 20-year-old to life in prison with no eligibility for parole for 15 years, five years longer than defence lawyers argued was appropriate.
It has all been more than enough to prepare Morrison to handle the Oland trial. according UNB associate law professor Nicole O'Byrne.
"The learning curve is extraordinarily steep," said O'Byrne of the education corporate and civil law lawyers undergo as judges suddenly dealing with the gritty world of criminal acts and their ugly consequences.
O'Byrne has no doubt Morrison will be up to the task.
"His reputation is of being a very diligent and very conscientious judge. He's there to kind of guide things. It will be difficult, but anybody who's got a reputation of being as conscientious and hard-working as Justice Morrison — they will be able to handle it."
Morrison has a lengthy record of decisions and most that have been challenged at the New Brunswick Court of Appeal have held up to scrutiny.
In one case where a jury verdict of guilty in a trial presided over by Morrison was thrown out as "a miscarriage of justice," the Appeal Court specifically noted the fault was not his.
Miramichi lawyer George Martin was convicted by a jury of obstruction of justice at a trial in 2013, but subsequent to the verdict it was learned sheriff's deputies had allowed one juror to make a phone call after being sequestered without informing Morrison or seeking his permission.
"The error or irregularity alleged in the present case cannot amount to an error of law, because none of it can be attributed to the trial judge," said the court prior to granting Martin a new trial.
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Dennis Oland's retrial for second-degree murder in the killing of his father, Richard Oland, more than seven years ago is scheduled to begin on Nov. 6. (CBC)
Morrison is also used to media attention.
He is best known for the years he spent as outside legal counsel for NB Power during various hearings before the former Public Utilities Board.
He helped present the case in favour of refurbishing the Coleson Cove generating station to burn the Venezuelan fuel orimulsion and of rebuilding the Point Lepreau nuclear plant to extend its life by 25 years.
"I think he's probably a very good judge for the Oland trial," said Hartland lawyer Peter Hyslop of Justice Terrence Morrison.
Hyslop once opposed Morrison at utilities board hearings a dozen years ago when the two were lawyers and later appeared before him following his judicial appointment in 2008.
"Patient is the word that first comes to me. He's very thorough and takes his time and is a pleasure to appear in front of."
Finding judges to handle the two Oland trials has not been a simple matter.
The Oland family is so prominent in the Saint John area, none of the judges who normally handle local murder trials have been able to take the case.
Justice John (Jack) Walsh was brought to Saint John from Miramichi to handle the first trial in 2015.
That resulted in a jury finding Dennis Oland guilty, but the Court of Appeal threw the conviction out, citing an error in Walsh's jury instructions.
A 1978 graduate of Acadia University, Morrison obtained a law degree from the University of New Brunswick three years later. He worked as a lawyer in private practice for 26 years, mostly in Fredericton, before becoming a judge but far from the murder and mayhem of criminal court.
He specialized instead in the high-rent legal areas of commercial, contract and administrative law.
That's a big difference from Walsh. He came to the Oland trial immersed in criminal matters after a long career as a Crown prosecutor, but he still made enough of an error in his lengthy charge to the jury to scuttle the entire first trial.
Hyslop said properly managing the information that reaches a jury in a trial of someone charged with a serious crime is notoriously tricky even for the most experienced judges.
"A justice once told me criminal trials are the most challenging because of the nature of decisions they have to make during the trial itself on the admissibility of evidence and on making a carefully planned summation to juries," said Hyslop.
"The ultimate decision doesn't rest with the judge. A lot of the decisions that have to be made on the way to the conclusion are made by the judge and they have to made expeditiously."
Handled 2nd-degree murder trial in 2014
Still for Morrison, 10 years on the bench, first in Woodstock and more recently in Fredericton, has served to expose him to a variety of criminal trials, including sex crimes, drug offences, assaults and at least one other brutal murder.
In 2014, he sentenced Kyle Scott for the vicious bludgeoning death of 82-year-old Sarah Kennedy near Woodstock. Kennedy had tried to help Scott after his ATV broke down near her home and he repaid the kindness by striking her 19 times with a hammer and cutting her throat after she died.
"The killing was random and senseless," said Morrison as he sentenced Scott, who had pleaded guilty to second-degree murder, the same charge facing Dennis Oland.
Citing the "multiple hammer blows delivered to Ms. Kennedy and the deliberate mutilation of her corpse," Morrison said he considered Scott's actions "much further along the spectrum of brutality" than previous cases he was being asked to compare it to.
He sentenced the 20-year-old to life in prison with no eligibility for parole for 15 years, five years longer than defence lawyers argued was appropriate.
Diligent, conscientious
It has all been more than enough to prepare Morrison to handle the Oland trial. according UNB associate law professor Nicole O'Byrne.
"The learning curve is extraordinarily steep," said O'Byrne of the education corporate and civil law lawyers undergo as judges suddenly dealing with the gritty world of criminal acts and their ugly consequences.
O'Byrne has no doubt Morrison will be up to the task.
It will be difficult, but anybody who's got a reputation of being as conscientious and hard-working as Justice Morrison — they will be able to handle it.- Nicole O'Byrne , associate law professor"It comes down to work ethic and how conscientious you are and how much you pay attention to what's happening in front of you — that's the key thing to being a judge, not necessarily your background," she said.
"His reputation is of being a very diligent and very conscientious judge. He's there to kind of guide things. It will be difficult, but anybody who's got a reputation of being as conscientious and hard-working as Justice Morrison — they will be able to handle it."
Morrison has a lengthy record of decisions and most that have been challenged at the New Brunswick Court of Appeal have held up to scrutiny.
In one case where a jury verdict of guilty in a trial presided over by Morrison was thrown out as "a miscarriage of justice," the Appeal Court specifically noted the fault was not his.
Miramichi lawyer George Martin was convicted by a jury of obstruction of justice at a trial in 2013, but subsequent to the verdict it was learned sheriff's deputies had allowed one juror to make a phone call after being sequestered without informing Morrison or seeking his permission.
"The error or irregularity alleged in the present case cannot amount to an error of law, because none of it can be attributed to the trial judge," said the court prior to granting Martin a new trial.
He is best known for the years he spent as outside legal counsel for NB Power during various hearings before the former Public Utilities Board.
He helped present the case in favour of refurbishing the Coleson Cove generating station to burn the Venezuelan fuel orimulsion and of rebuilding the Point Lepreau nuclear plant to extend its life by 25 years.
He also won approval from the utilities board for a hefty 8.8 per cent NB Power rate increase in 2006 following marathon hearings at which he was opposed at every step by Hyslop, who at the time was New Brunswick's public intervener.
"A lot of time you come out of those with somewhat of a dislike for opposing counsel so I'd have to say I came out with a very high level of respect for him at the time," said Hyslop, who notes a friendship that developed in those early years was of no detectable assistance following Morrison's elevation to the bench.
"He found against me too often, but I didn't appeal so that probably tells you more than anything else. I don't think I ever appealed any of his cases," said Hyslop.
https://www.cbc.ca/news/canada/new-brunswick/residential-electricity-customers-underpaying-nb-power-says-1.2804028
Residential electricity customers underpaying, NB Power says
Commercial customers making up the difference, utility says study shows
Residential electricity customers in New Brunswick have been freeloading at the expense of commercial customers, according to an NB Power study filed Friday with the province's Energy and Utilities Board (EUB).
The study, which was ordered by the EUB as part of its new responsibilities to set NB Power's rates beginning next year, attempts to sort out who should pay what for electricity in the province, based on the cost to service different customer groups.
The study, which was ordered by the EUB as part of its new responsibilities to set NB Power's rates beginning next year, attempts to sort out who should pay what for electricity in the province, based on the cost to service different customer groups.
However, the utility acknowledges others may disagree with its findings.
"This kind of work isn't an exact science," said NB Power vice-president Darren Murphy."We think it’s really important we get a good fulsome discussion on this and get it approved and validated."
According to the study, direct residential customers of NB Power are expected to underpay for the electricity they use next year by $45 million, or about six per cent, with indirect residential customers served by municipal utilities like Saint John Energy undercharged by an additional $7 million.
The utility says that benefit enjoyed by homeowners is mostly paid for by commercial customers — everything from pizza joints to shopping malls to office buildings — which will be overcharged by about $39 million to make up the difference.
NB Power says it will also overcharge about $2 million for water heater rentals and $9 million for street light service under its current rate structure.
The EUB has been on record for more than 20 years saying it doesn't want one group of electricity customers subsidizing another, but NB Power has been slow to make changes as successive New Brunswick premiers, including Frank McKenna, Bernard Lord, Shawn Graham and David Alward bypassed the EUB to impose electricity rates directly by Cabinet order.
Legislative changes passed last spring put the EUB back in charge and the board ordered NB Power to produce a so-called Cost of Service Study to sort out which customers pay too little and which pay too much as a first step toward setting new rates.
The current study found NB Power's large industrial customers pay 99 per cent of what they should for power, but that has been a source of significant dispute at previous hearings and is likely to be looked at closely again.
The EUB's predecessor, the old Public Utilities Board, found large industrial customers were the most heavily subsidized group.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-didn-t-seek-escape-clause-in-gypsum-contract-1.3118336
NB Power didn't seek escape clause in gypsum contract
Crown utility has paid J.D. Irving Ltd. millions in penalties for not delivering on gypsum from Coleson Cove
CBC News· Posted: Jun 18, 2015 10:39 AM ATThe mystery around a 10-year-old gypsum contract signed with J.D. Irving Ltd. that has cost NB Power millions of dollars in penalties deepened at the utility's rate hearing Wednesday as the utility's chief financial officer Darren Murphy tried to explain why the deal was signed without an escape clause.
"So at the time of signing the contract, it was certainly beneficial for NB Power," said Murphy.
Synthetic gypsum is produced by pollution control equipment at NB Power's Coleson Cove generating station. Exhaust from the plant is blown through lime to remove sulphur before going up the stacks, creating gypsum in the process.
Last month, CBC News reported NB Power has had to pay J.D. Irving Ltd. $12.3 million in penalties for failing to deliver promised quantities of gypsum to the Atlantic Wallboard Plant in Saint John over the last six years. NB Power has budgeted another $829,000 penalty payment this year which has made the gypsum contract an issue at its current rate hearing in Fredericton.Murphy said NB Power did not anticipate the need to escape the 21.5-year contract, even though he said it was signed in 2005. That was in the middle of enormous uncertainty about the future of Coleson Cove after Venezuela backed out of a deal to supply the plant low cost orimulsion in 2003.
NB Power filed suit against the Venezuela state oil company Bitor in February 2004 and then entered negotiations over the following year in a fruitless attempt to try and rescue the deal.
It was while that was unfolding the contract with J.D. Irving Ltd. was signed, committing NB Power to provide substantial quantities of gypsum from Coleson Cove, even though the ability of the plant to operate economically into the future was uncertain.
"Was there an exit provision in this contract," asked Energy and Utilities Board lawyer Ellen Desmond.
"No, I do not believe there is," replied Murphy.
The feeling was that Coleson Cove had a long and successful run ahead of it.- Darren Murphy, NP Power vice-president"And why not? Why would there not be an exit provision negotiated or contemplated when this contract was entered into," asked Desmond.
"I guess at the time it was entered into, the feeling was that Coleson Cove had a long and successful run ahead of it, and that there was a requirement to deal with this particular by-product at the time, and the economics made a lot of sense in terms of how we were to deal with that. So those would have been kind of the reasons going into it," said Murphy.
NB Power says without some kind of deal it would have been stuck with gypsum produced at Coleson Cove and likely would have had to dispose of it in a landfill at considerable cost.
The contract runs until 2026.
Desmond asked if NB Power could produce the contract for inspection at its rate hearing. Murphy said it would, if it does not have a provision forbidding its disclosure.
- Robert Jones
@cbcjones"it is our understanding that future funding will come from NB Power's customers," said NBP executive Neil Larlee. #nb ![]()
Robert Jones
@cbcjonesMunicipal Utilities lawyer Scott Stoll up now asking about Beechwood dam issues and the connection to flooding in Perth-Andover. #nb![]()
Robert Jones
@cbcjonesStoll enters an ice jam modelling study of the St. John river between Grand Falls and Beechwood into the proceeding. #nb![]()
Robert Jones
@cbcjonesThe study suggests ice jams may have a man made element to them - and recommends detailed study. #nb![]()
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Robert Jones
@cbcjonesGorman asks why - since it has been long established sm business is overcharged for power - NBP is applying for a 2% hike for everyone #nb![]()
Robert Jones
@cbcjonesLarlee says since the EUB is soon to hold a "who should pay what" hearing NBP should wait for that before trying to fix rate problems #nb![]()
Robert Jones
@cbcjonesEUB vice chair Francois Beaulieu challenges NBP claims it has eliminated more than 300 positions - noting it has created almost as many. #nb![]()
Robert Jones
@cbcjonesNBP's Murphy acknowledges the point - but says new hires are part of new Reduce and Shift program. Regular operations have fewer people. #nb![]()
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Robert Jones
@cbcjonesConcerned citizen Gregory Hickey - who always goes first - asks how much power NBP buys from outside suppliers thru set contracts. #nb![]()
Robert Jones
@cbcjonesNBP says it has Power Purchase Agreements (PPA) with various suppliers for 730 mega watts - about 10% more than a Lepreau sized plant. #nb![]()
Robert Jones
@cbcjonesThere are PPA's for wind farms, for natural gas generators owned by Irving Oil and Emera, for a JDI dam in St. George etc. #nb![]()
Robert Jones
@cbcjonesHickey wonders how many of the PPA's were imposed by government for political reasons and how many were done for solid business reasons. #nb![]()
Robert Jones
@cbcjonesNBP says the PPA's serve different objectives but it is unfair to assume they are all poor deals for the utility. #nb![]()
Robert Jones
@cbcjonesNBP says a climate change study recently completed for it on the likely effect on hydro flows shows no real impact. #nb![]()
Robert Jones
@cbcjonesNBP's Murphy suggests Lepreau - now operating at 80% capacity - may not be fixed until "late summer/early fall" further hurting budget #nb
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Comments
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buck911
Stop the B.S. here folks and show us the numbers. It is not rocket science.....how much would it cost to dispose of the byproduct in a landfill, and don't fudge the numbers either. And what would it cost the Empire if they had to buy raw gypsum? By the way the stuff is all over the place over in Albert Co..... NB power comes off telling us the Empire is doing us a big favor. NEWS FLASH.....they do not do anyone any " favors " unless it lines their pockets, which it seems this deal has done, as per usual and the peasents end up paying the bill.
buck911
And one more little item....where is the oil coming from that is burned at Colesom Cove? Rumour on the street is Irving supplies it....can you say WIN WIN???
@buck911 Bought on the open market. The pipeline to the plant is owned by Irving and is leased by NB Power for transporting the oil.
Think It Over
This was another Bernie Lord FIASCO.
Screwed up the Orimulsion Deal.
Gave LNG a $125 M 25 year sweetheart deal.
Set up this Gypsum 21 year deal.
All of these go straight to the premier to make sure the deals are made.
Thanks for NUTHIN' Bernie.
Screwed up the Orimulsion Deal.
Gave LNG a $125 M 25 year sweetheart deal.
Set up this Gypsum 21 year deal.
All of these go straight to the premier to make sure the deals are made.
Thanks for NUTHIN' Bernie.
Entropiated
When is someone going to stand up for the rest of New Brunswick that isn't employed by Irving? Seriously, this is getting out of hand. And to all of those worried about Irving leaving if we start to play hardball, consider all the infrastructure they have in place. Picking up and going away would be next to impossible (are they going to cart away the refinery and the pulp mill? Doubtful). Will someone in our government PLEASE think of the province for ONCE and do what's RIGHT instead of what's PROFITABLE or good for a small segment of the population? This is ridiculous and I've had enough of it. If nobody in Fredericton is willing to do that, then they should all be turfed and a new government put in its place made up of people who haven't been bought.
Livin' the dream
@Entropiated Wouldn't it be interesting to find out how many former NB politicians and senior civil servants went to work for the Irving in one capacity or another over the years?
Entropiated
@Livin' the dream that would be interesting indeed. None of the MLAs in Fredericton right now are clean (except for David ****, of course.) The rest need to go, in my opinion.
https://www.cbc.ca/news/canada/new-brunswick/eub-challenge-cost-test-nb-power-1.3558574
EUB challenges NB Power to reveal analysis of political burden
Crown corporation resists full disclosure of cost analysis to protect commercially sensitive information
NB Power's effort to keep the results of a computer model it ran to identify the politically imposed costs it operates under away from the public is being challenged by the Energy and Utilities Board.
In a letter to the utility Wednesday EUB lawyer Ellen Desmond said the board does not accept NB Power's claim that the results of the modelling meets the standard of confidential information.
"It is in the public interest that as much information as possible be placed on the public record for review. There is no need to limit the disclosure," Desmond wrote in her letter.
NB Power is preparing for a rate hearing next month and as part of that process was asked to run simulations to show how much money it would save if it were not obliged to meet a variety of requirements imposed on it, mostly by the New Brunswick government.
Those requirements include providing subsidies to industry, entering long-term contracts with local private power suppliers, committing to expensive wind power over cheaper alternatives and other measures that force the utility to buy electricity at above market rates.
Initially, NB Power ran the simulation and reported that it could provide electricity to customers for $64.1 million less than it does if it was free from government-imposed objectives. However, it then ran a second simulation using different assumptions and has been withholding those results from public release.
The utility said the second simulation revealed production cost information that is commercially sensitive and could harm NB Power as it negotiates electricity prices with suppliers and customers.
But Desmond said NB Power has already revealed that same information in the answer to other questions and so requested the public release of the results of the second simulation.
"Board staff is not convinced that any additional commercially sensitive information would be made public," she wrote.
The entire issue arose when the EUB and its chairman, Raymond Gorman, were challenged by NB Power critic and self-represented intervener Greg Hickey during last year's rate hearing to dig into the issue.
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Hickey registered to participate as a concerned citizen at the New Brunswick Energy and Utilities Board hearing. (CBC)
He called it a "real economic dispatch."
"Take the cuffs off and let the professionals at NB Power who know what to do, do their job," said Hickey. "And let's find out what the political burden is on this utility."
Hickey is not participating in this year's rate hearing, but the EUB picked up on his request and had NB Power do as he asked as part of preparing its evidence for this year's hearing, which begins May 9.
"Please complete a 'real economic dispatch' for 2016-2017, as described by Mr. Hickey during summation for Matter 272," requested the board as part of a series of written questions to NB Power.
Matter 272 is the file number for last year's rate hearing.
NB Power came back with a report showing it could save an estimated $64.1 million next year if, among other issues, it weren't forced to:
Although NB Power supplied that second estimate it has been trying to keep it confidential.
In an email Hickey told CBC News he is aware of the EUB's attempt to have the information released but will not comment until the issue is fully resolved.
"It is in the public interest that as much information as possible be placed on the public record for review. There is no need to limit the disclosure," Desmond wrote in her letter.
There is no need to limit the disclosure.- Ellen Desmond, EUB lawyer"Board staff request that NB Power provide a full unredacted response."
NB Power is preparing for a rate hearing next month and as part of that process was asked to run simulations to show how much money it would save if it were not obliged to meet a variety of requirements imposed on it, mostly by the New Brunswick government.
Those requirements include providing subsidies to industry, entering long-term contracts with local private power suppliers, committing to expensive wind power over cheaper alternatives and other measures that force the utility to buy electricity at above market rates.
Initially, NB Power ran the simulation and reported that it could provide electricity to customers for $64.1 million less than it does if it was free from government-imposed objectives. However, it then ran a second simulation using different assumptions and has been withholding those results from public release.
The utility said the second simulation revealed production cost information that is commercially sensitive and could harm NB Power as it negotiates electricity prices with suppliers and customers.
But Desmond said NB Power has already revealed that same information in the answer to other questions and so requested the public release of the results of the second simulation.
"Board staff is not convinced that any additional commercially sensitive information would be made public," she wrote.
Intervener issued challenge
The entire issue arose when the EUB and its chairman, Raymond Gorman, were challenged by NB Power critic and self-represented intervener Greg Hickey during last year's rate hearing to dig into the issue.
"My observation, Mr. Chairman, is that decisions in this province get made in the halls of power based on political influence, and I don't think sufficient in-depth engineering technical analysis gets done on the making of the sausage," Hickey told the EUB in his final comments last June.
Hickey then asked that NB Power be allowed to pretend it wasn't stuck with a number of costly long-term contracts imposed on it over the years so it could compare prices it pays to what it could generate on its own or buy in the open market.He called it a "real economic dispatch."
"Take the cuffs off and let the professionals at NB Power who know what to do, do their job," said Hickey. "And let's find out what the political burden is on this utility."
EUB asked for cost analysis
Hickey is not participating in this year's rate hearing, but the EUB picked up on his request and had NB Power do as he asked as part of preparing its evidence for this year's hearing, which begins May 9.
"Please complete a 'real economic dispatch' for 2016-2017, as described by Mr. Hickey during summation for Matter 272," requested the board as part of a series of written questions to NB Power.
Matter 272 is the file number for last year's rate hearing.
NB Power came back with a report showing it could save an estimated $64.1 million next year if, among other issues, it weren't forced to:
- Accept power from provincial wind farms when cheaper alternatives are available.
- Buy renewable power from large industry and sell it back to them at nearly half the price.
- Take all of the electricity from two natural gas generators at the Irving Oil refinery, no matter what the price.
Although NB Power supplied that second estimate it has been trying to keep it confidential.
In an email Hickey told CBC News he is aware of the EUB's attempt to have the information released but will not comment until the issue is fully resolved.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-salary-secrecy-eub-1.3929200
Salary secrecy request for NB Power nuclear boss sent to EUB hearing
Board staff objects to confidentiality request, which will be argued at hearing this week
The lawyer for New Brunswick's Energy and Utilities Board is objecting to NB Power's attempt to keep the salary of its nuclear vice-president secret — setting up a hearing on the issue as early as Wednesday morning.
"Board staff object to this claim for confidentiality," Ellen Desmond wrote in a letter to NB Power lawyer John Furey on Tuesday about the effort to keep the salary being paid to Brett Plummer from being publicly released.
The board will hear arguments on that and other issues on Wednesday at a hearing designed to sort out disputes over evidence that NB Power must provide in advance of its February rate hearing. It is possible NB Power will be given a day to respond to Desmond's letter, which could require a second hearing later in the week.
Plummer is a U.S. Navy-trained nuclear operator who was hired by NB Power as its chief nuclear officer and vice-president nuclear in late 2015. His job is to oversee attempts to improve Lepreau's disappointing post-refurbishment performance.
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Brett Plummer is NB Power's vice-president of nuclear with a salary agreement that pays him comparable to what his after-tax income would be in the United States. (LinkedIn)
That suggests Plummer would have to be paid substantially more than other NB Power vice-presidents to meet the requirements of his contract, but NB Power does not want to release those details.
"Public disclosure of amounts paid under these contracts would undermine the ability of NB Power to obtain competitive pricing for these services in the future," the utility wrote in a request to the Energy and Utilities Board last week to keep Plummer's pay confidential.
But in her letter to the EUB, Desmond disputes that.
"Publication of the information in question to the public is necessary in the public interest," she wrote.
"In addition there is no evidence on the record that the public disclosure of this information would undermine the ability of NB Power to obtain competitive pricing for these services in the future."
In addition to Plummer's salary, Desmond also asked for a ruling on whether NB Power should provide some information about the Point Lepreau nuclear plant it has withheld, citing security concerns.
Citizen intervener Gregory Hickey has also made a motion asking for more information on NB Power deals with large industrial customers to buy renewable power from them at prices much higher than what NB Power charges when the electricity is then sold back to the same companies.
"Board staff object to this claim for confidentiality," Ellen Desmond wrote in a letter to NB Power lawyer John Furey on Tuesday about the effort to keep the salary being paid to Brett Plummer from being publicly released.
The board will hear arguments on that and other issues on Wednesday at a hearing designed to sort out disputes over evidence that NB Power must provide in advance of its February rate hearing. It is possible NB Power will be given a day to respond to Desmond's letter, which could require a second hearing later in the week.
Plummer is a U.S. Navy-trained nuclear operator who was hired by NB Power as its chief nuclear officer and vice-president nuclear in late 2015. His job is to oversee attempts to improve Lepreau's disappointing post-refurbishment performance.
Compensated for low loonie and high taxes
NB Power agreed to pay Plummer enough money to help him achieve similar after-tax income in New Brunswick as he could command in the U.S. That involves paying Plummer extra to compensate for the low Canadian dollar and high Canadian taxes.
The U.S. dollar is currently worth 32 per cent more than the Canadian dollar and New Brunswick residents pay the highest upper income taxes in the country, with the tax on earnings over $200,000 set at 53.3 per cent.That suggests Plummer would have to be paid substantially more than other NB Power vice-presidents to meet the requirements of his contract, but NB Power does not want to release those details.
Future price protection sought
"Public disclosure of amounts paid under these contracts would undermine the ability of NB Power to obtain competitive pricing for these services in the future," the utility wrote in a request to the Energy and Utilities Board last week to keep Plummer's pay confidential.
But in her letter to the EUB, Desmond disputes that.
"Publication of the information in question to the public is necessary in the public interest," she wrote.
Publication of the information in question to the public is necessary in the public interest.- Ellen Desmond, lawyer for EUB"The amounts allocated as compensation are paid by the ratepayers in New Brunswick and this information should be disclosed," Desmond wrote.
"In addition there is no evidence on the record that the public disclosure of this information would undermine the ability of NB Power to obtain competitive pricing for these services in the future."
In addition to Plummer's salary, Desmond also asked for a ruling on whether NB Power should provide some information about the Point Lepreau nuclear plant it has withheld, citing security concerns.
Citizen intervener Gregory Hickey has also made a motion asking for more information on NB Power deals with large industrial customers to buy renewable power from them at prices much higher than what NB Power charges when the electricity is then sold back to the same companies.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-irving-1.4000571
NB Power faces searing critique from J.D. Irving Ltd., as rate hearing ends
Utility is under direction from the province to pay down $1B in debt
NB Power endured a searing critique from its largest customer toward the end of its five-day rate hearing in Fredericton last week, but with no party seriously opposing the utility's need for a rate hike, it seems likely a jump in costs is on the way.
The utility appeared in front of the Energy and Utilities Board last week to defend its request for a two per cent overall rate hike beginning April 1, which includes a 2.3 per cent increase for residential customers.
"I believe the board will be in a position probably at the end of March, beginning of April, to provide some guidance on the application," said François Beaulieu, vice-chairman of the Energy and Utilities Board, as the hearing came to an end Friday afternoon.
Eight hearing participants either actively supported or did not oppose NB Power's request for increased rates during closing arguments.
However, Christopher Stewart, a lawyer for J.D. Irving Ltd., ripped the utility for not taking enough responsibility for causing its own financial problems or helping to fix them.
"Lowering the debt of the utility is not solely a ratepayer's responsibility," said Stewart, who accused NB Power of squandering previous rate hikes instead of containing costs and paying down debt.
JDI is NB Power's largest industrial customer and the Irving Paper mill in Saint John is the single largest user of electricity in New Brunswick.
"We do not want to pay more simply to create an ever increasing spending cushion for the utility. There is an obligation on the utility to live up to their part of the bargain [to cut expenses]," he said.
"And our experience so far is, well frankly, that the utility has not."
Utility to pay down debt
NB Power is under direction from the province to pay down $1 billion in debt in advance of having to rebuild the Mactaquac dam and generating station beginning in the middle of next decade and has been applying for a series of rate increases to boost profits.
Stewart reviewed how the three most current rate increases, including last year, this year and one proposed for take effect in April were supposed to help generate combined profits of $268 million to reduce debt.Instead, unexpected costs have eaten $145.2 million of that expected return, cutting profits by 54 per cent.
From our perspective, it seems as if the utility spends ever more and the ratepayers pay ever more.-Christopher StewartAt the hearing, NB Power blamed much of the deterioration on "operating variability" and issues "outside management's control."
But Stewart railed against that idea, instead pointing to preventable problems at the Point Lepreau Nuclear Generating Station as an example of how management has been directly at fault for cost increases.
"Point Lepreau, especially, especially the non-nuclear side, which seems to be the issue, has been exclusively under the operational control of the utility for the last 34 years," said Stewart.
"The state of Point Lepreau is not a mere inherent variability of the utility's business. It is a matter which has been entirely within the utility's control.
"From our perspective, it seems as if the utility spends ever more and the ratepayers pay ever more. The utility has at some length told us how every darn penny is required, but I assure you my client, and I strongly suspect every ratepayer on this system has an equally necessary use for the money that they will now be giving to the utility as their rates increases."
Supporting the rate hike
Still, JDI did not directly oppose NB Power's request for a rate increase with Stewart saying only the company would be "more supportive" if it saw evidence of serious cost cutting at the utility.
Three hearing participants supported the rate hike, including NB Power, public intervener Heather Black and Scott Stoll, a lawyer representing the province's three municipal utilities.Anti-nuclear intervener Chris Rouse said he supported all but $50,000 of the increase which he calculated would be used to finance pay raises for NB Power executives.
Taking no position for or against the rate hike was Enbridge Gas New Brunswick and the New Brunswick Green Party.
Citizen intervener Greg Hickey gave his summation on Thursday and opposed the rate increase.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-explore-option-second-hydro-station-grand-falls-1.4080239
NB Power investigates building 2nd hydro station at Grand Falls
Studies and site testing will be conducted along with consultations
NB Power has started exploring whether to build a 100-megawatt generating station in Grand Falls to produce more clean energy.
The corporation says it will do environmental and geotechnical studies and site testing and consult with First Nations and local residents before applying for an environmental impact assessment later this year.
The project is in the early stages and will require study, fieldwork, engineering and environmental approvals prior to going ahead, Gaëtan Thomas, NB Power president and chief executive officer, said in a news release Friday.
"If feasible, it would be an important source of clean energy to our fleet and, we believe, would provide NB Power with even greater capability to provide generation for our customers inside the province and possibly in the New England market," Thomas said.
- NB Power's business model changes as customers try other energy sources
- New Brunswick communities join national climate change program
Grand Falls already has a 66-megawatt generating station.
Premier Brian Gallant said in a statement the province is pleased NB Power is exploring clean energy options, and another Grand Falls station would be good for the economy,.
"We will work with the people of the region as the project moves through the appropriate phases," he said.
Long-term commitments
A second unit at Grand Falls has the potential to help NB Power meet its long-term clean energy requirements.By 2020, 40 per cent of the utility's in-province electricity sales must come from renewable sources.
Green Party Leader David Coon welcomed the news NB Power was exploring the Grand Falls option.
"We need to be doing a lot more to reach ultimately 100 per cent renewable power in New Brunswick and this is an obvious one waiting in the wings for a long time."Coon's said this is the type of project that could reduce the province's use of coal at Belledune.
"The purpose of doing this is its got to contribute to expanding the use of renewables to produce power for New Brunswickers enabling us to reduce the use of coal at Belledune. We've got to phase out Belledune."
Coon, however, did express reservations with the potential plan to export the additional generated power.
"We've got to get our carbon pollution down to targets," he said. "If they simply exported the electricity from the new addition at Grand Falls that would benefit us in no way."
The plan for the new generating station follows the steps outlined in the province's 2016 Climate Change Action Plan.
The community renewable energy program allows NB Power to procure up to 80 megawatts of small-scale renewable energy from First Nations and local entities.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-streetlight-charges-1.4107351
In the dark: Municipalities pay far too much for streetlights
NB Power charges cities, towns almost double service costs despite pricing guidelines
New Brunswick municipalities appear to be in the dark about millions of excess dollars they are being charged annually by NB Power for street lighting, although it would take little effort for the cash-strapped governments to band together and fight for better prices.
"I don't think it would be particularly difficult," said Hartland lawyer Peter Hyslop, a former intervener who used to represent the public at NB Power rate hearings.
"They could certainly come forward and make the argument they are being overcharged."
The utility estimates it costs $13.4 million to supply the service, including overhead and profit charges, but it bills customers — mainly the province and municipal governments — nearly double that amount, $26.3 million.
That's contrary to pricing guidelines set down for the utility 25 years ago, but municipal governments have traditionally not attended NB Power rate hearings and without prompting the issue of streetlights rarely comes up.
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NB Power is charging municipalities almost double what it costs to provide streetlight service. (CBC)
Most New Brunswick municipalities rely on NB Power for streetlights and pay the bills they get without any knowledge of whether prices are fair or unfair.
The expense varies among communities depending on how many streets are serviced.
A small town, such as Rothesay, pays $146,000 per year while a medium-sized community, such as Riverview, pays $518,000.
Cities pay the most, Fredericton just more than $1 million this year and Moncton just more than $2 million.
But whatever the size of the bill, all communities pay substantially more than what it costs to provide them the service.
In Miramichi, the city has budgeted to pay NB Power $558,000 for its streetlights this year according to Darlene O'Shea, the treasurer.
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With a bill of just over $2 million a year for streetlights, the City of Moncton could see a substantial saving if it was reduced to the level suggested by pricing guidelines for NB Power. (CBC)
In 1992 NB Power was directed to charge different customer groups 100 per cent of the cost of supplying them service, including overhead and profit, with a maximum price of 105 per cent.
At the time NB Power's prices for streetlight service were found to be the furthest from that goal, up to 70 per cent too high, and the utility was encouraged to fix it and other outliers over the following few years.
"The board expects NB Power to develop a plan to move all classes within the approved range (of fairness) over a period of time," the Public Utilities Board wrote in an April 1992 decision.
The board then reconfirmed that decision in 2005 and its successor — the Energy and Utilities Board — reconfirmed it in 2016.
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If municipalities want to see lower streetlight rates, they should show up at NB Power's hearings at the Energy & Utilities Board, says a former public intervenor. (CBC)
NB Power has a rate design hearing scheduled for next spring and Hyslop said if municipalities want better prices they should show up and fight for them.
"There's no reason at all they couldn't intervene," said Hyslop.
"They're a ratepayer."
NB Power declined to comment on its streetlight pricing practices, saying those will be addressed at next year's hearing.
"We will limit our comments at this time," wrote NB Power spokeswoman Deborah Nobes in an email to CBC News.
"We look forward to providing more details with regard to NB Power's position on this matter via the hearing process."
CBC's Journalistic Standards and Practices"I don't think it would be particularly difficult," said Hartland lawyer Peter Hyslop, a former intervener who used to represent the public at NB Power rate hearings.
"They could certainly come forward and make the argument they are being overcharged."
- Point Lepreau licence renewal hearing moves to Saint John
- Double whammy from NB Power could hit home, apartment customers in near future
The utility estimates it costs $13.4 million to supply the service, including overhead and profit charges, but it bills customers — mainly the province and municipal governments — nearly double that amount, $26.3 million.
That's contrary to pricing guidelines set down for the utility 25 years ago, but municipal governments have traditionally not attended NB Power rate hearings and without prompting the issue of streetlights rarely comes up.
"It just doesn't get the same attention," said current public intervener Heather Black, who attended the last rate hearing in February and notes information about street light costs were made available, but not acted on.
"NB Power is obliged to give all that data to the board and the board looks at it along with everything else."Most New Brunswick municipalities rely on NB Power for streetlights and pay the bills they get without any knowledge of whether prices are fair or unfair.
The expense varies among communities depending on how many streets are serviced.
Big bills for cities, towns
A small town, such as Rothesay, pays $146,000 per year while a medium-sized community, such as Riverview, pays $518,000.
Cities pay the most, Fredericton just more than $1 million this year and Moncton just more than $2 million.
But whatever the size of the bill, all communities pay substantially more than what it costs to provide them the service.
In Miramichi, the city has budgeted to pay NB Power $558,000 for its streetlights this year according to Darlene O'Shea, the treasurer.
It's a substantial expense for the community, 1.7 per cent of the municipal operations budget, just behind the cost of door-to-door garbage collection.
It's also at least $250,000 too high according to pricing guidelines developed for NB Power by the utilities board 25 years ago.Told to fix rates 25 years ago
In 1992 NB Power was directed to charge different customer groups 100 per cent of the cost of supplying them service, including overhead and profit, with a maximum price of 105 per cent.
At the time NB Power's prices for streetlight service were found to be the furthest from that goal, up to 70 per cent too high, and the utility was encouraged to fix it and other outliers over the following few years.
"The board expects NB Power to develop a plan to move all classes within the approved range (of fairness) over a period of time," the Public Utilities Board wrote in an April 1992 decision.
The board then reconfirmed that decision in 2005 and its successor — the Energy and Utilities Board — reconfirmed it in 2016.
However, while the pricing of power for most customers has moved closer to the cost of providing the service since 1992, it has only worsened for streetlight customers.
A report commissioned by NB Power for its February rate hearing this year indicated streetlight charges are now at 196 per cent of the cost of providing the service, much worse than 1992 and by far the highest price in relation to cost of any service NB Power provides.NB Power has a rate design hearing scheduled for next spring and Hyslop said if municipalities want better prices they should show up and fight for them.
"There's no reason at all they couldn't intervene," said Hyslop.
"They're a ratepayer."
NB Power declined to comment on its streetlight pricing practices, saying those will be addressed at next year's hearing.
"We will limit our comments at this time," wrote NB Power spokeswoman Deborah Nobes in an email to CBC News.
"We look forward to providing more details with regard to NB Power's position on this matter via the hearing process."
Comments
Dwight Mullover
Funny that city staffers have no problem increasing property tax, yet have a great opportunity to save money and have neglected this for over 25 years.
Civil servants serving the public.
Civil servants serving the public.
Shawn McShane
@Dwight Mullover It doesn't matter does it. Either way me and you will pay either through property taxes or NB Power rate increase.
SarahRose Werner
"municipal governments have traditionally not attended NB Power rate hearings" - Why the heck not? Municipal governments pay for electricity not only for street lights but also for municipal buildings. Why don't they get themselves more involved in the hearings?
Shawn McShane
@SarahRose Werner What for? If NB Power lowers the rate for the muni they will just raise the electricity costs for your home and mine. Same difference. The public never gets a break. The costs fall to us.
Former public intervener asks to represent NB Power's residential ratepayers
Peter Hyslop gets support from P.E.I. consultant, who says residential customers need voice at rate hearings
With parties lining up to argue for higher residential electricity bills at NB Power's upcoming rate design hearing, especially for people who use electric heat, a former public intervener is arguing residential customers need to be represented by their own lawyer — and he is proposing himself for the job.
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Hartland lawyer Peter Hyslop says the interests of residential ratepayers need to be heard. (CBC)
NB Power is in the middle of a year-long look at how it bills various customers for electricity. The review could result in prices charged by the utility changing dramatically.
Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year.
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NB Power is undergoing a year-long review of how it bills various customers for electricity. (Shane Fowler/CBC)Companies that are already on record as favouring some of those ideas, including Enbridge Gas New Brunswick and J.D. Irving Ltd. have their own lawyers who will be presenting evidence and arguments in support of their positions.
Enbridge has long argued electric heat prices are artificially low in New Brunswick, making it more difficult for the company to attract customers while J.D. Irving has expressed concern industrial rates are too high, in part, because evidence has shown NB Power undercharges homeowners.
Heather Black, the current public intervener, will be participating at the hearing but she is not legally permitted to represent the interests of any single group, including residential customers. Instead she is exclusively required to "advocate in the public interest," even if the public interest is not necessarily favourable to homeowners.
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Public intervener Heather Black says she isn't legally permitted to represent the interests of any other single group. (CBC)"Legislation prohibits me from representing or advocating on behalf of a particular class of customers," Black wrote in a statement to CBC News.
"My role is to assist the Board by submitting evidence and advancing arguments that consider the broader public interest, which has many — sometimes conflicting — components."
Residential consumers are NB Power's largest customer group, accounting for 46 per cent of the utility's in-province sales and Hyslop is arguing it needs aggressive and well-financed representation to avoid unfair treatment.
In an unusual manoeuvre that began two weeks ago, Hyslop's legal assistant, Carolanne Power, applied to intervene in the rate design hearing as a residential customer and then gave notice she would be asking for Hyslop to represent her — and all other residential customers — at NB Power's expense.
"She will be seeking an Order from the Board directing (NB Power) to pay her costs for the intervention, including but not limited to legal fees, professional advisors and all proper and necessary costs and expenses related thereto," reads Power's application.
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P.E.I. energy consultant Robert O'Rourke agrees the residential rate class must be represented at hearings. (CBC)
"In the absence of such evidence, representation and submissions I am of the view that a significant impact may result on today's residential rate class."
NB Power did not immediately respond to questions about Hyslop's request that it pay his bills, but the request, if granted, could cost the utility hundreds of thousands of dollars.
The province has paid a number of private practice lawyers over the years to intervene at Energy and Utilities Board hearings, and the bill for expert and legal fees has never been less than $40,000 and several times exceeded $500,000.
Hyslop served as public intervener at a number of NB Power hearings more than a decade ago during the term of the Bernard Lord government.
The current rate design hearing is not scheduled until April 2018 but there are several months of pre-hearing activities, including the preparation of studies and expert evidence.
"The interests of the residential rate payers, as a class, are meritorious," Hartland lawyer Peter Hyslop wrote in a motion submitted to the Energy and Utilities Board this week.
"It is necessary for the proper completion of the record in this application that the interests of the residential rate class be presented."Year-long review
NB Power is in the middle of a year-long look at how it bills various customers for electricity. The review could result in prices charged by the utility changing dramatically.
Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year.
Enbridge has long argued electric heat prices are artificially low in New Brunswick, making it more difficult for the company to attract customers while J.D. Irving has expressed concern industrial rates are too high, in part, because evidence has shown NB Power undercharges homeowners.
'Advocate in the public interest'
Heather Black, the current public intervener, will be participating at the hearing but she is not legally permitted to represent the interests of any single group, including residential customers. Instead she is exclusively required to "advocate in the public interest," even if the public interest is not necessarily favourable to homeowners.
"My role is to assist the Board by submitting evidence and advancing arguments that consider the broader public interest, which has many — sometimes conflicting — components."
Residential consumers are NB Power's largest customer group, accounting for 46 per cent of the utility's in-province sales and Hyslop is arguing it needs aggressive and well-financed representation to avoid unfair treatment.
Asks utility to pay costs
In an unusual manoeuvre that began two weeks ago, Hyslop's legal assistant, Carolanne Power, applied to intervene in the rate design hearing as a residential customer and then gave notice she would be asking for Hyslop to represent her — and all other residential customers — at NB Power's expense.
"She will be seeking an Order from the Board directing (NB Power) to pay her costs for the intervention, including but not limited to legal fees, professional advisors and all proper and necessary costs and expenses related thereto," reads Power's application.
Neither NB Power nor Hyslop would agree to an interview prior to their motion being heard Thursday but have submitted partial arguments in writing, including an affidavit from P.E.I. regulatory consultant Robert O'Rourke.
"I am of the view that the residential rate class must be represented in this matter to ensure that the proper evidence arguments and submissions before this Board can be properly presented," says O'Rourke's affadavit. "In the absence of such evidence, representation and submissions I am of the view that a significant impact may result on today's residential rate class."
No response
NB Power did not immediately respond to questions about Hyslop's request that it pay his bills, but the request, if granted, could cost the utility hundreds of thousands of dollars.
The province has paid a number of private practice lawyers over the years to intervene at Energy and Utilities Board hearings, and the bill for expert and legal fees has never been less than $40,000 and several times exceeded $500,000.
Hyslop served as public intervener at a number of NB Power hearings more than a decade ago during the term of the Bernard Lord government.
The current rate design hearing is not scheduled until April 2018 but there are several months of pre-hearing activities, including the preparation of studies and expert evidence.
Board nixes special intervener to defend residential users in NB Power hearings
Energy and Utilities Board concludes it does not have authority to appoint a residential intervener
New Brunswick's Energy and Utilities Board has ruled it does not have the authority to order special funding for a lawyer to represent residential electricity users at upcoming NB Power hearings that will reshape how consumers are billed.
"The board finds that it does not have jurisdiction to grant intervener funding," it wrote in a three-page decision released late last week.
NB Power is involved in a rate design hearing, which could dramatically change the prices charged by the utility.
Peter Hyslop, a Hartland-based lawyer, argued in June that homeowners and apartment dwellers are NB Power's largest customer group and should be independently represented at hearings.
"Rate design is going to have significant impact on residential ratepayers," Hyslop said at the June 15 meeting.
NB Power is responsible for the expenses of electricity hearings and would have been the one to pay for the bills of a lawyer representing residential customers.
In its decision, the EUB said there is nothing in its governing legislation or in precedent-setting court rulings that allow for that arrangement.
"There is no question that Mr. Hyslop would bring a meaningful contribution to the proceedings," it wrote.
"However, the board concludes that it cannot be implied that intervener funding is of practical necessity in order to accomplish its jurisdiction."
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Heather Black is the public intervener at the Energy and Utility Board's looking into NB Power's rate design application. (Robert Jones/CBC)Hyslop is a former public intervener at NB Power rate hearings. Heather Black, who is now the public intervener, is responsible for representing "the public interest" at the EUB hearings and is barred from advocating for any single group like residential customers.
Hyslop suggested that mandate, which was changed by the Alward government in 2013, meant Black would be unable to represent the best interests of residential customers in the way public interveners used to.
Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year.
"The board finds that it does not have jurisdiction to grant intervener funding," it wrote in a three-page decision released late last week.
NB Power is involved in a rate design hearing, which could dramatically change the prices charged by the utility.
Peter Hyslop, a Hartland-based lawyer, argued in June that homeowners and apartment dwellers are NB Power's largest customer group and should be independently represented at hearings.
"Rate design is going to have significant impact on residential ratepayers," Hyslop said at the June 15 meeting.
There is no question that Mr. Hyslop would bring a meaningful contribution to the proceedings.- Energy and Utilities Board"The argument and position of residential ratepayers should be before this board."
NB Power is responsible for the expenses of electricity hearings and would have been the one to pay for the bills of a lawyer representing residential customers.
In its decision, the EUB said there is nothing in its governing legislation or in precedent-setting court rulings that allow for that arrangement.
"There is no question that Mr. Hyslop would bring a meaningful contribution to the proceedings," it wrote.
"However, the board concludes that it cannot be implied that intervener funding is of practical necessity in order to accomplish its jurisdiction."
Year-long hearing to reshape bills
Hyslop suggested that mandate, which was changed by the Alward government in 2013, meant Black would be unable to represent the best interests of residential customers in the way public interveners used to.
- EUB delays ruling on intervener for NB Power residential ratepayers
- Former public intervener asks to represent NB Power's residential ratepayers
Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year.
Comments
Douglas James
Of course not. Customers are just so unimportant in a monopoly business.
Dave Peters
Well now. How much is this going to cost the taxpayer again. This new billing system will not even be made public by what I'm reading. NB Power is a crown corporation that will be seeing new revenue to improve Joe Public lives. I can't wait to see our modified bills. Of course we will only see the bottom line $$$.
https://www.cbc.ca/news/canada/new-brunswick/eub-hearing-nb-power-rate-design-smart-meters-1.4305685
EUB punts rate hearing as NB Power studies $122M smart meter plan
EUB agrees to suspend hearing so it can deal first with NB Power's proposed $122M purchase of smart meters
An effort to redesign the way NB Power charges customers for electricity — generally viewed as bad news for those who heat with electricity — has been suspended by the New Brunswick Energy and Utilities Board for one year.
The EUB has agreed to consider an upcoming NB Power application to spend $122 million on new "smart meters" for homes and businesses first.
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Energy and Utilities Board chair Raymond Gorman says the board has delayed the rate design hearing for one year. (Pat Richard/CBC)
NB Power has been under pressure from the EUB to better match prices it charges for electricity to the cost of producing and distributing power. That could see consumers paying substantially different prices for power between summer and winter — even between day and night.
But the utility has argued there is little room to make substantial changes like that until its entire inventory of power meters is upgraded.
"It is NB Power's submission that the rate design proceeding is … premature because it does contemplate discussion of rate design options that might not be available depending on … (smart meter) deployment," NB Power's senior legal counsel John Furey said during arguments for the suspension.
Unlike current units that have to be physically visited to be read, smart meters will connect directly to NB Power computers, allowing individual customers to have electricity consumption tracked several times an hour instead of once a month.
The utility says this will allow it to charge a variety of rates for electricity — more when consumption is higher, such as in the mornings, on weekends and during winter — and less when consumption is lower.
"We are going from reading a customer's meter once a month, so 12 times a year, up to 12 times an hour," former NB Power executive Neil Larlee said during testimony in front of the EUB last February.
But the new meters are expensive, an estimated $92 million to acquire one for each customer and another $30 million to have them installed and made operational.
It's an expense that largely requires EUB approval, something the regulator is expected to hear evidence on this winter and rule on by next spring. NB Power said without that decision being made first, redesigning rates made little sense.
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John Furey, NB Power's senior legal counsel, argued for the delay in the rate design hearing until the utility installs smart meters, which record power usage more frequently. (LinkedIn)"
However, NB Power has argued smart meters will allow for enough discount periods that electric heat customers who move activities such as laundry, dishwashing and showers into the evening will be able to offset some or all of the increases they experience.
NB Power is expected to formally apply to buy and install smart meters provincewide within the next two weeks as part of its next general rate increase application.
The rate design hearing will resume next fall.
The EUB has agreed to consider an upcoming NB Power application to spend $122 million on new "smart meters" for homes and businesses first.
"The Board finds that the AMI (Advanced Metering Infrastructure) application should precede the rate design hearing and therefore it is in the public interest to grant an adjournment," ruled EUB chairman Raymond Gorman in a brief hearing last week.
But the utility has argued there is little room to make substantial changes like that until its entire inventory of power meters is upgraded.
"It is NB Power's submission that the rate design proceeding is … premature because it does contemplate discussion of rate design options that might not be available depending on … (smart meter) deployment," NB Power's senior legal counsel John Furey said during arguments for the suspension.
Tracking more frequent
Unlike current units that have to be physically visited to be read, smart meters will connect directly to NB Power computers, allowing individual customers to have electricity consumption tracked several times an hour instead of once a month.
The utility says this will allow it to charge a variety of rates for electricity — more when consumption is higher, such as in the mornings, on weekends and during winter — and less when consumption is lower.
"We are going from reading a customer's meter once a month, so 12 times a year, up to 12 times an hour," former NB Power executive Neil Larlee said during testimony in front of the EUB last February.
Smart meters for $122M
But the new meters are expensive, an estimated $92 million to acquire one for each customer and another $30 million to have them installed and made operational.
It's an expense that largely requires EUB approval, something the regulator is expected to hear evidence on this winter and rule on by next spring. NB Power said without that decision being made first, redesigning rates made little sense.
I don't see how we can have a meaningful process … because we don't know what rate design options are available or might be precluded in the event the (smart meter) decision is not to deploy or to deploy," said Furey.
Because those who heat with electricity consume large amounts of power during high-demand cold snaps, the rate design process is generally expected to result in higher costs for that group. However, NB Power has argued smart meters will allow for enough discount periods that electric heat customers who move activities such as laundry, dishwashing and showers into the evening will be able to offset some or all of the increases they experience.
NB Power is expected to formally apply to buy and install smart meters provincewide within the next two weeks as part of its next general rate increase application.
The rate design hearing will resume next fall.
About the Author
Comments
stephen blunston
this is all crap, the EUB is a disgrace ,. if they would stop giving such heavy discount to the big commercial industries , and stopped wasting so much in the office in Fredericton and the management didn't get such big bonuses for screwing it all up , well maybe everyone else could pay the cost and all be happy , but cant do that in the Gallant province of major mismanagement
Fred Brewer
@stephen blunston
In some respects I think you are right, but it is NB Power who has consistently ignored the EUB orders for the last 30 years or so. If the EUB is a disgrace it is because they have not forced NB Power to charge its true cost of service to ALL of its customers. Currently some customers get gouged while others like big industry get huge discounts. The EUB has tried for 30 years to get NB Power to mend its ways and maybe, just maybe it will start to happen now.
In some respects I think you are right, but it is NB Power who has consistently ignored the EUB orders for the last 30 years or so. If the EUB is a disgrace it is because they have not forced NB Power to charge its true cost of service to ALL of its customers. Currently some customers get gouged while others like big industry get huge discounts. The EUB has tried for 30 years to get NB Power to mend its ways and maybe, just maybe it will start to happen now.
Rosco holt
@stephen blunston
Nothing will happen with the discount to industrial users, since it was put in place by politicians and we know who they answer to.
Nothing will happen with the discount to industrial users, since it was put in place by politicians and we know who they answer to.
Shawn McShane
@Fred Brewer NB Power says large industrial customers pay 99 per cent of what they should...They are just looking at rate increases for the peons...in this place.
Fred Brewer
@Shawn McShane
Please, back up your statement with some proof.
Do you really expect anyone to believe that the Empire pays anywhere close to the actual cost of generating electricity?
The empire has sweetheart deals for the purchase of electricity for all of its mills and the refinery.
Please, back up your statement with some proof.
Do you really expect anyone to believe that the Empire pays anywhere close to the actual cost of generating electricity?
The empire has sweetheart deals for the purchase of electricity for all of its mills and the refinery.
Roy Kirk
@Fred Brewer What does the EUB believe? Has it accepted that the industrial rate classes are near full cost recovery? And does it get to consider *all* of the relevant transfers, or are some shielded from scrutiny by contractual obligations? And if they've seen confidential evidence, can they now base significant decisions on it? If so, we've decended to a lower level of Hell in *public* utility regulation, I think.
Shawn McShane
@Fred Brewer You don't provide any proof Fred: http://www.cbc.ca/news/canada/new-brunswick/residential-electricity-customers-underpaying-nb-power-says-1.2804028
The EUB's predecessor, the old Public Utilities Board, found large industrial customers were the most heavily subsidized group.
The EUB's predecessor, the old Public Utilities Board, found large industrial customers were the most heavily subsidized group.
Fred Brewer
@Shawn McShane
Thanks for the link Shawn. I see the 99% figure is from NB Power and thus probably originated from their Smoke and Mirrors Dept. The linked article even states that the 99% figure has been a source of significant dispute at hearings.
I understand that large industrial consumers pay 5 or 6 cents per Kw/hr. If that is the true cost of production and delivery, then we are being hosed when we pay over 10 cents for residential service. Something does not add up here. The logical conclusion is that the industry rate and to some extent the residential rate is being subsidized by the commercial rates.
Thanks for the link Shawn. I see the 99% figure is from NB Power and thus probably originated from their Smoke and Mirrors Dept. The linked article even states that the 99% figure has been a source of significant dispute at hearings.
I understand that large industrial consumers pay 5 or 6 cents per Kw/hr. If that is the true cost of production and delivery, then we are being hosed when we pay over 10 cents for residential service. Something does not add up here. The logical conclusion is that the industry rate and to some extent the residential rate is being subsidized by the commercial rates.
Shawn McShane
@Fred Brewer The industrial rate is being subsidized by the residential and commercial small business rate. Now they split the hair and cause divide. The residential will pay more and not be able to afford the services or shop at small business. We will only be able to shop at the company store...they call it Empire.
Shawn McShane
Prepare for a lot higher electricity bills. The smart meters are used to charge higher electricity rates for peak hours mon-fri which hits working people and families with children the hardest. For those who installed heat pumps...the biggest complaint is that they never shut off. In cold weather, a properly working heat pump will run almost continuously. That is the way they are designed to work.
Shawn McShane
'Astonishing’: Hydro One pulling plug on 36,000 rural smart meters after years of complaints
...mandated by the Liberal government at a cost of about $2 billion, Some customers were double and tripled bills; some had no bills for months; others were comically billed millions in overcharges.
http://nationalpost.com/news/canada/astonishing-hydro-one-pulling-plug-on-36000-rural-smart-meters-after-years-of-complaints
...mandated by the Liberal government at a cost of about $2 billion, Some customers were double and tripled bills; some had no bills for months; others were comically billed millions in overcharges.
http://nationalpost.com/news/canada/astonishing-hydro-one-pulling-plug-on-36000-rural-smart-meters-after-years-of-complaints
Shawn McShane
@Diana Austin Smart meters linked to 13 fires in Ontario, Fire Marshall
nine fires in Saskatchewan,
SaskPower plans to remove all 105,000 of its smart meters and replace them with traditional units.
https://www.thestar.com/news/canada/2014/08/08/smart_meters_linked_to_13_fires_in_ontario_fire_marshal_says.html
nine fires in Saskatchewan,
SaskPower plans to remove all 105,000 of its smart meters and replace them with traditional units.
https://www.thestar.com/news/canada/2014/08/08/smart_meters_linked_to_13_fires_in_ontario_fire_marshal_says.html
https://www.cbc.ca/news/canada/new-brunswick/eub-hearings-nb-power-smart-meters-1.4529640
Opting out smart meter program could cost NB Power customers
Power customers in British Columbia, Quebec have faced fees for refusing the installation of smart meters
NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.
"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.
In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.
NB Power said it may be a year or more before it settles on its own fee.
"The opt out policy will be developed and implemented as part of the roll out. It will be one of the last things we do," said Clark.
Customers need to be on board
NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide.
The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.
"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.
On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province.
"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.
That issue is before the EUB next week.
Haven't tested the waters
NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility.
"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."
Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.
"We will check and adjust along the way if there are issues with customer uptake," said Clark.
"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."
This is a contract between NB Power and the IRVING'S. Do you really think NB Power is going to show it to the public? Not likely. Irving has better lawyers than our government.