---------- Original message ----------
From: Jody.Wilson-Raybould@parl.gc. ca
Date: Tue, 26 Feb 2019 10:47:40 +0000
Subject: Automatic reply: Yo Maxime Bernier Re Federal Court File No
T-1557-15 The liberal propaganda byway of CBC informs us that Rachel
Bendayan and two other lawyers are heading to the hill to assist you
in the coverup N'esy Pas?
To: motomaniac333@gmail.com
Thank you for writing to the Honourable Jody Wilson-Raybould, Member
of Parliament for Vancouver Granville.
This message is to acknowledge that we are in receipt of your email.
Due to the significant increase in the volume of correspondence, there
may be a delay in processing your email. Rest assured that your
message will be carefully reviewed.
To help us address your concerns more quickly, please include within
the body of your email your full name, address, and postal code.
Thank you
-------------------
Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de
Vancouver Granville.
Le pr?sent message vise ? vous informer que nous avons re?u votre
courriel. En raison d'une augmentation importante du volume de
correspondance, il pourrait y avoir un retard dans le traitement de
votre courriel. Sachez que votre message sera examin? attentivement.
Pour nous aider ? r?pondre ? vos pr?occupations plus rapidement,
veuillez inclure dans le corps de votre courriel votre nom complet,
votre adresse et votre code postal.
Merci
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Tue, 26 Feb 2019 10:47:39 +0000
Subject: Automatic reply: Yo Maxime Bernier Re Federal Court File No
T-1557-15 The liberal propaganda byway of CBC informs us that Rachel
Bendayan and two other lawyers are heading to the hill to assist you
in the coverup N'esy Pas?
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<
mailto: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.
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos@Kathryn98967631 and 49 others
https://davidraymondamos3.blogspot.com/2019/02/peoples-alliance-pushes-for-private.html
#nbpoli#cdnpoli
https://www.cbc.ca/news/canada/new-brunswick/peoples-alliance-cannabis-liquor-private-sales-1.5032291
David Amos
Les Cooper
Arnold Stone
Les Cooper
Les Cooper
Rosco holt
M Joan Leuty
Marigold French
Harold Benson
Mark (Junkman) George
Chris McNee
Joe campbell
Rj LeBlanc
Gerry Blais
JJ Carrier
Rosco holt
Joseph Vacher
stephen blunston
Pierre Cyr
Rob Mason
Jeff LeBlanc
Colin Seeley
Matt Steele
Jeff LeBlanc
Fred Brewer
Paul Bourgoin
William Reed
Paul Bourgoin
Marc Martin
Thank you.
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Si c’est au sujet du bureau de circonscription, veuillez contacter
Lisa Bourque à Lisa.Bourque@gnb.caLis a.Bourque@gnb.ca > ou
(506)755-2810.
Merci.
Andrea Anderson-Mason, Q.C. / c.r.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 26 Feb 2019 06:47:31 -0400
Subject: Yo Maxime Bernier Re Federal Court File No T-1557-15 The
liberal propaganda byway of CBC informs us that Rachel Bendayan and
two other lawyers are heading to the hill to assist you in the coverup
N'esy Pas?
To: maxime.bernier@parl.gc.ca, Jody.Wilson-Raybould@parl.gc. ca,
hon.ralph.goodale@canada.ca, Katie.Telford@pmo-cpm.gc.ca,
Michael.Duheme@rcmp-grc.gc.ca, Michael.Wernick@pco-bcp.gc.ca,
andrew.scheer@parl.gc.ca, elizabeth.may@parl.gc.ca,
hon.melanie.joly@canada.ca, Catherine.Tait@cbc.ca,
Chuck.Thompson@cbc.ca, sylvie.gadoury@radio-canada.ca ,
darrow.macintyre@cbc.ca
Cc: david.raymond.amos333@gmail. com>, Jacques.Poitras@cbc.ca,
David.Akin@globalnews.ca, steve.murphy@ctv.ca,
Newsroom@globeandmail.com, news@kingscorecord.com,
news919@rogers.com, premier@gnb.ca, premier@ontario.ca,
andrea.anderson-mason@gnb.ca, attorneygeneral@ontario.ca,
David.Lametti@parl.gc.ca, Nathalie.Drouin@justice.gc.ca,
jan.jensen@justice.gc.ca, clare.barry@justice.gc.ca,
Brenda.Lucki@rcmp-grc.gc.ca
https://davidraymondamos3. blogspot.com/2019/02/ndp- leader-jagmeet-singh-claims- victory.html
Tuesday, 26 February 2019
NDP Leader Jagmeet Singh claims victory in Burnaby South byelection
David Amos
Methinks it should be fairly obvious as to why the lawyer Melanie Joly
who is our current Minister of Tourism, Official Languages and La
Francophonie is smiling N'esy Pas?
https://rbendayan.liberal.ca/ en/
"Rachel built a successful legal practice at Norton Rose Fulbright in
the field of litigation and international arbitration while also
teaching at the Faculty of Law of the Université de Montréal. She then
served as Chief of Staff to the federal Minister of Small Business and
Tourism, where she played a key role in developing the Liberal
government’s women’s entrepreneurship strategy"
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Sun, 10 Feb 2019 17:21:06 +0000
Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
ethical politcal soul in York-Simcoe before the 12th
To: David Amos <david.raymond.amos333@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< mailto: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.
---------- Forwarded message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Sun, 10 Feb 2019 17:21:05 +0000
Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
ethical politcal soul in York-Simcoe before the 12th
To: David Amos <david.raymond.amos333@gmail. com>
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
Check out my last comment in CBC yesterday
https://www.cbc.ca/news/ politics/scheer-committee-snc- lavalin-1.5011161
Jody Wilson-Raybould says she's bound by 'solicitor-client privilege,'
won't comment on SNC-Lavalin scandal
Media report suggests PMO pressured former attorney general to
intervene in fraud case
John Paul Tasker · CBC News · Posted: Feb 08, 2019 10:33 AM ET
5584 Comments
Commenting is now closed for this story.
Kim Luciano
No courage, no honor, no integrity. This is the mantle ALL Canadians
wear if we elect these people again.
Curtis Garrick
Wow...the liberals have confirmed JWR was involved in government talks
about the fate of SNC-Lavalin. Confirming what I have been saying all
along, she used solicitor-client privilege in order to avoid saying
anything that may incriminate her client. Canadians deserve a full
inquiry on this. We need to know exactly who was involved, and exactly
what happened, and if necessary criminal charges should be applied.
Arthur Gill
From other reports this is just the tip of the iceberg folks.
Much more to come.
Joc McTavish
What's a Trudeau without preferred treatment for Quebec.
Richard Riel
Wow Lavalin executives are all over this, it is their salaries, perks,
and bonuses, being argued with politicians for free taxpayers revenues
that many don't have whatsoever.
David Amos
Obviously I am not anonymous Here is a scoop for you to research and
decide whether it be true or false
Methinks anyone can check my work by simply Googling two names "Jody
Wilson-Raybould David Raymond Amos" N'esy Pas?
Trust that Mr Scheer and everyone else who sits in opposition know
that Jody Wilson-Raybould may have lost her mandate as Justice
Minister because of her failings in Federal Court and the Federal
Court of Appeal within my lawsuit against the Crown that was filed
when Harper was the Prime Minister and Mr Scheer was the Speaker.
Everybody knows I about to put that matter before the Supreme Court of
Canada and file several more lawsuits against the RCMP and the CRA etc
and also run for a seat in Parliament again.
Methinks truth is stranger than fiction and anyone can easily Google
"David Amos Federal Court file No." in order to sort out the truth
from fiction for themselves. Its blatantly obvious that Mr Trudeau
should have paid particular attention to statement 83 of my lawsuit
long before he was elected in October of 2015 N'esy Pas?
David Amos
@David Amos Need I say it irritated me bigtime when Jody appointed her
Deputy Minister to the bench of Federal Court not long after I argued
his minions in the Federal Court of Appeal?
Richard Donald
On the loss of jobs in Quebec - Bridges still will get built . The
government will fund projects. The workers would get paid from Stantec
(Head office Edmonton) or some other company that does not do so much
bribery as part of their operation
Joc McTavish
Just
Not
Ready.
Jenna Collins
If Wilson-Raybould refused to succumb to pressure from the PMO in this
instance I will have the utmost respect for her.
York--Simcoe (Ontario)
By-Election (Monday, February 25, 2019)
This list of confirmed candidates was issued on Wednesday, February 6, 2019.
Click here for a printer friendly version.
Candidates in your electoral district Candidate name Status Party
name Office phone number Name of official agent Name of auditor
Dorian Baxter Confirmed Progressive Canadian Party (289) 221-2687
Joseph Fred Hueglin Ian Edmonds
Scot Davidson Confirmed Conservative Party of Canada (905)
535-1115 William Greenberg Ben Seto
Robert Geurts Confirmed People's Party of Canada Cody Murrell
Adam Delle Cese
Keith Dean Komar Confirmed Libertarian Party of Canada (249)
288-1188 Coreen Corcoran Stephane Blais
Mathew Lund Confirmed Green Party of Canada (705) 345-6288 Rhonda
Joslin Stacey Campbell
Jessa McLean Confirmed New Democratic Party 1 888 881-4637 Robert
Szollosy Gail Bergman
Adam Suhr Confirmed National Citizens Alliance Kristin Lynn Suhr
Micheal Doyle
Shaun Tanaka Confirmed Liberal Party of Canada (905) 895-0859
Vaughan Moult Harry Mortimer
John The Engineer Turmel Confirmed Independent (519) 753-5122
Delahnnovahh Livingstone Stacey Campbell
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Mon, 14 Jan 2019 20:44:51 +0000
Subject: Automatic reply: Jagmeet Singh says that maybe Jay Shin
should go back to law school??? Too Too Funny Indeed EH Karen Wang and
Laura-Lynn Tyler Thompson?
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< mailto: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.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 14 Jan 2019 16:44:43 -0400
Subject: Fwd: Jagmeet Singh says that maybe Jay Shin should go back to
law school??? Too Too Funny Indeed EH Karen Wang and Laura-Lynn Tyler
Thompson?
To: premier <premier@gnb.ca>, attorneygeneral
<attorneygeneral@ontario.ca>, Newsroom <Newsroom@globeandmail.com>,
"Sophia.Harris"<Sophia.Harris@cbc.ca>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>, "andrew.scheer"
<andrew.scheer@parl.gc.ca>, "elizabeth.may"
<elizabeth.may@parl.gc.ca>, "Kathleen.Harris"
<Kathleen.Harris@cbc.ca>, "scott.bardsley"<scott.bardsley@canada.ca>,
"scott.brison"<scott.brison@parl.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "Katy.Bourne"
<Katy.Bourne@sussex-pcc.gov.uk >
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 14 Jan 2019 15:44:16 -0400
Subject: Jagmeet Singh says that maybe Jay Shin should go back to law
school??? Too Too Funny Indeed EH Karen Wang and Laura-Lynn Tyler
Thompson?
To: info@jayshin.ca, jay@lonsdalelaw.ca, karenwang@liberal.ca,
lauralynnlive@gmail.com
Cc: David Amos <david.raymond.amos@gmail.com> ,
jmaclellan@burnabynow.com, kgawley@burnabynow.com
Jagmeet Singh on Tory opponent: 'Maybe he should go back to law school'
Conservative candidate Jay Shin said Singh was 'keeping criminals out
of jail' during his days as a criminal defence lawyer
Kelvin Gawley Burnaby Now January 13, 2019 10:27 AM
Julie MacLellan
Assistant editor, and newsroom tip line
jmaclellan@burnabynow.com
Phone: 604 444 3020
Kelvin Gawley
kgawley@burnabynow.com
Phone: 604 444 3024
Jay Shin
Direct: 604-980-5089
Email: jay@lonsdalelaw.ca
By phone: 604-628-0508
By e-mail: info@jayshin.ca
Karen Wang
604.531.1178
karenwang@liberal.ca
Now if Mr Shin scrolls down he will know some of what the fancy NDP
lawyer has known for quite sometime
---------- Forwarded message ----------
From: "Singh - QP, Jagmeet"<JSingh-QP@ndp.on.ca>
Date: Fri, 19 May 2017 16:39:35 +0000
Subject: Automatic reply: Re Federal Court File # T-1557-15 and the
upcoming hearing on May 24th I called a lot of your people before High
Noon today Correct Ralph Goodale and Deputy Minister Malcolm Brown?
To: David Amos <motomaniac333@gmail.com>
For immediate assistance please contact our Brampton office at
905-799-3939 or jsingh-co@ndp.on.ca
---------- Forwarded message ----------
From: Kennedy.Stewart@parl.gc.ca
Date: Fri, 19 Oct 2018 18:18:35 +0000
Subject: Automatic reply: Attn Minister Ralph Goodale and Pierre
Paul-Hus Trust that I look forward to arguing the fact that fhe Crown
filed my Sept 4th email to you and your buddies
To: motomaniac333@gmail.com
Many thanks for your message. Your concerns are important to me. If
your matter is urgent, an invitation or an immigration matter please
forward it to burnabysouth.A1@parl.gc.ca or
burnabysouth.C1@parl.gc.ca. This email is no longer being monitored.
The House of Commons of Canada provides for the continuation of
services to the constituents of a Member of Parliament whose seat has
become vacant. The party Whip supervises the staff retained under
these circumstances.
Following the resignation of the Member for the constituency of
Burnaby South, Mr. Kennedy Stewart, the constituency office will
continue to provide services to constituents.
You can reach the Burnaby South constituency office by telephone at
(604) 291-8863 or by mail at the following address: 4940 Kingsway,
Burnaby BC.
Office Hours:
Tuesday - Thursday: 10am - 12pm & 1pm - 4pm
Friday 10am - 12pm
---------- Forwarded message ----------
From: Michael Cohen <mcohen@trumporg.com>
Date: Thu, 11 Jan 2018 05:54:40 +0000
Subject: Automatic reply: ATTN Blair Armitage You acted as the Usher
of the Black Rod twice while Kevin Vickers was the Sergeant-at-Arms
Hence you and the RCMP must know why I sued the Queen Correct?
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: 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
---------- Forwarded message ----------
From: "Eidt, David (OAG/CPG)"<David.Eidt@gnb.ca>
Date: Wed, 1 Mar 2017 00:33:21 +0000
Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
would not file this motion and properly witnessed affidavit and why
did she take all four copies?
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until Monday, March 13, 2017. I will have
little to no access to email. Please dial 453-2222 for assistance.
---------- Forwarded message ----------
From: Marc Richard <MRichard@lawsociety-barreau. nb.ca>
Date: Fri, 12 Aug 2016 13:16:46 +0000
Subject: Automatic reply: RE: The New Brunswick Real Estate
Association and their deliberate ignorance for the bankster's benefit
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until August 15, 2016. Je serai absent du
bureau jusqu'au 15 août 2016.
> ---------- Forwarded message ----------
> From: 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. gc.ca/IndexingQueries/infp_RE_ info_e.php?court_no=T-1557-15& select_court=T
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/ BahHumbug
>
> January 11th, 2016 https://archive.org/details/ Jan11th2015
>
> April 3rd, 2017
>
> https://archive.org/details/ April32017JusticeLeblancHearin g
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj. gc.ca/IndexingQueries/infp_RE_ info_e.php?court_no=A-48-16& select_court=All
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/ May24thHoedown
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3. blogspot.ca/2015/09/v- behaviorurldefaultvmlo.html
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)"MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath"warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John. Foran@gnb.ca,
> Oda.B@parl.gc.ca,"Bev BUSSON"bev.busson@rcmp-grc.gc.ca,
> "Paul Dube"PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant. blogspot.ca/2013/10/re-glen- greenwald-and-braz
> ilian.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/ ITriedToExplainItToAllMaritime rsInEarly200
>> 6
>>
>> http://davidamos.blogspot.ca/ 2006/05/wiretap-tapes-impeach- bush.html
>>
>> http://www.archive.org/ details/ PoliceSurveilanceWiretapTape13 9
>>
>> 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
>>
>
http://davidraymondamos3. blogspot.ca/2017/11/federal- court-of-appeal-finally-makes. html
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc. ca/fca-caf/decisions/en/item/ 236679/index.do
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
[2] On November 12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its entirety, without leave to
amend, on the basis that it was plain and obvious that the Claim
disclosed no reasonable claim, the Claim was fundamentally vexatious,
and the Claim could not be salvaged by way of further amendment (the
Prothontary’s Order).
[3] On January 25, 2016 (2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
Court (the Judge), reviewing the matter de novo, struck all of Mr.
Amos’ claims for relief with the exception of the claim for damages
for being barred by the RCMP from the New Brunswick legislature in
2004 (the Federal Court Judgment).
[4] Mr. Amos appealed and the Crown cross-appealed the
Federal Court Judgment. Further to the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
As such, the only matter before this Court is the Crown’s
cross-appeal.
II. Preliminary Matter
[5] Mr. Amos, in his memorandum of fact and law in
relation to the cross-appeal that was filed with this Court on March
6, 2017, indicated that several judges of this Court, including two of
the judges of this panel, had a conflict of interest in this appeal.
This was the first time that he identified the judges whom he believed
had a conflict of interest in a document that was filed with this
Court. In his notice of appeal he had alluded to a conflict with
several judges but did not name those judges.
[6] Mr. Amos was of the view that he did not have to
identify the judges in any document filed with this Court because he
had identified the judges in various documents that had been filed
with the Federal Court. In his view the Federal Court and the Federal
Court of Appeal are the same court and therefore any document filed in
the Federal Court would be filed in this Court. This view is based on
subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4) Every judge of the Federal Court is, by virtue of his or her
office, a judge of the Federal Court of Appeal and has all the
jurisdiction, power and authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
that office, a judge of the Federal Court and has all the
jurisdiction, power and authority of a judge of the Federal Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
juges de la Cour fédérale.
[7] However, these subsections only provide that the
judges of the Federal Court are also judges of this Court (and vice
versa). It does not mean that there is only one court. If the Federal
Court and this Court were one Court, there would be no need for this
section.
[8] Sections 3 and 4 of the Federal Courts Act provide that:
3 The division of the Federal Court of Canada called the Federal Court
— Appeal Division is continued under the name “Federal Court of
Appeal” in English and “Cour d’appel fédérale” in French. It is
continued as an additional court of law, equity and admiralty in and
for Canada, for the better administration of the laws of Canada and as
a superior court of record having civil and criminal jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
français et « Federal Court of Appeal » en anglais. Elle est maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté du
Canada, propre à améliorer l’application du droit canadien, et
continue d’être une cour supérieure d’archives ayant compétence en
matière civile et pénale.
4 The division of the Federal Court of Canada called the Federal Court
— Trial Division is continued under the name “Federal Court” in
English and “Cour fédérale” in French. It is continued as an
additional court of law, equity and admiralty in and for Canada, for
the better administration of the laws of Canada and as a superior
court of record having civil and criminal jurisdiction.
4 La section de la Cour fédérale du Canada, appelée la Section de
première instance de la Cour fédérale, est maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en anglais. Elle est
maintenue à titre de tribunal additionnel de droit, d’equity et
d’amirauté du Canada, propre à améliorer l’application du droit
canadien, et continue d’être une cour supérieure d’archives ayant
compétence en matière civile et pénale.
[9] Sections 3 and 4 of the Federal Courts Act create
two separate courts – this Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos suggests, documents filed in the Federal
Court were automatically also filed in this Court, then there would no
need for the parties to prepare and file appeal books as required by
Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
to any appeal from a decision of the Federal Court. The requirement to
file an appeal book with this Court in relation to an appeal from a
decision of the Federal Court makes it clear that the only documents
that will be before this Court are the documents that are part of that
appeal book.
[10] Therefore, the memorandum of fact and law filed on
March 6, 2017 is the first document, filed with this Court, in which
Mr. Amos identified the particular judges that he submits have a
conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court seeking an order “affirming or denying the
conflict of interest he has” with a number of judges of the Federal
Court. A judge of the Federal Court issued a direction noting that if
Mr. Amos was seeking this order in relation to judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of this
cross-appeal. The Federal Court motion is not a motion before this
Court and, as such, the submissions filed before the Federal Court
will not be entertained. As well, since this was a motion brought
before the Federal Court (and not this Court), any documents filed in
relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that
the third member of this panel also had a conflict of interest and
submitted some documents that, in his view, supported his claim of a
conflict. Mr. Amos, following the hearing of his appeal, was also
afforded the opportunity to provide a brief summary of the conflict
that he was alleging and to file additional documents that, in his
view, supported his allegations. Mr. Amos submitted several pages of
documents in relation to the alleged conflicts. He organized the
documents by submitting a copy of the biography of the particular
judge and then, immediately following that biography, by including
copies of the documents that, in his view, supported his claim that
such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is
that before he was appointed as a Judge of the Tax Court of Canada in
2006, he was a partner with the law firm Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
had a number of disputes with Patterson Palmer and Patterson Law and
therefore Justice Webb has a conflict simply because he was a partner
of these firms. Mr. Amos is not alleging that Justice Webb was
personally involved in or had any knowledge of any matter in which Mr.
Amos was involved with Justice Webb’s former law firm – only that he
was a member of such firm.
[14] During his oral submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
focused on dealings between himself and a particular lawyer at
Patterson Law. However, none of the documents submitted by Mr. Amos at
the hearing or subsequently related to any dealings with this
particular lawyer nor is it clear when Mr. Amos was dealing with this
lawyer. In particular, it is far from clear whether such dealings were
after the time that Justice Webb was appointed as a Judge of the Tax
Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the
alleged conflict for Justice Webb largely relate to dealings between
Byron Prior and the St. John’s Newfoundland and Labrador office of
Patterson Palmer, which is not in the same province where Justice Webb
practiced law. The only document that indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
who was a partner in the St. John’s NL office of Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
letter that is addressed to four individuals, one of whom is John
Crosbie who was counsel to the St. John’s NL office of Patterson
Palmer. The letter is dated September 2, 2004 and is addressed to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb
was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted that disqualification of a
judge is to be determined based on whether there is a reasonable
apprehension of bias:
60 In Canadian law, one standard has now emerged as the
criterion for disqualification. The criterion, as expressed by de
Grandpré J. in Committee for Justice and Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by
reasonable and right minded persons, applying themselves to the
question and obtaining thereon the required information. In the words
of the Court of Appeal, that test is "what would an informed person,
viewing the matter realistically and practically -- and having thought
the matter through -- conclude. Would he think that it is more likely
than not that [the decision-maker], whether consciously or
unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed
person, viewing the matter realistically and practically, and having
thought the matter through, would conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of bias. As this Court has
previously remarked, “there is a strong presumption that judges will
administer justice impartially” and this presumption will not be
rebutted in the absence of “convincing evidence” of bias (Collins v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed the
particular issue of whether a judge is disqualified from hearing a
case simply because he had been a member of a law firm that was
involved in the litigation that was now before that judge. The Ontario
Court of Appeal determined that the judge was not disqualified if the
judge had no involvement with the person or the matter when he was a
lawyer. The Ontario Court of Appeal also explained that the rules for
determining whether a judge is disqualified are different from the
rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a
finding that a trial judge has had some involvement in a case over
which he or she is now presiding. Where the judge had no involvement,
as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been
asked to represent the appellant as counsel before his appointment to
the bench, the conflict rules would likely have prevented him from
taking the case because his firm had formerly represented one of the
defendants in the case. Thus, it is argued how is it that as a trial
judge Patterson J. can hear the case? This issue was considered by the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
there is no inflexible rule governing the disqualification of a judge
and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an
inconsistency in application of rules can be explained by the
different contexts and in particular, the strong presumption of
judicial impartiality that applies in the context of disqualification
of a judge. There is no such presumption in cases of allegations of
conflict of interest against a lawyer because of a firm's previous
involvement in the case. To the contrary, as explained by Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
for sound policy reasons there is a presumption of a disqualifying
interest that can rarely be overcome. In particular, a conclusory
statement from the lawyer that he or she had no confidential
information about the case will never be sufficient. The case is the
opposite where the allegation of bias is made against a trial judge.
His or her statement that he or she knew nothing about the case and
had no involvement in it will ordinarily be accepted at face value
unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances
of this case and whether there are serious grounds to find a
disqualifying conflict of interest in this case. In my view, there are
two significant factors that justify the trial judge's decision not to
recuse himself. The first is his statement, which all parties accept,
that he knew nothing of the case when it was in his former firm and
that he had nothing to do with it. The second is the long passage of
time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform
the perspective of the reasonable person assessing the impact of this
involvement on Binnie J.'s impartiality in the appeals. That factor is
the passage of time. Most arguments for disqualification rest on
circumstances that are either contemporaneous to the decision-making,
or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson
Walker firm no longer acted for any of the parties by the time of
trial. More importantly, at the time of the motion, Patterson J. had
been a judge for six years and thus had not had a relationship with
his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter
realistically would conclude that the trial judge could deal fairly
and impartially with this case. I take this view principally because
of the long passage of time and the trial judge's lack of involvement
in or knowledge of the case when the Wilson Walker firm had carriage.
In these circumstances it cannot be reasonably contended that the
trial judge could not remain impartial in the case. The mere fact that
his name appears on the letterhead of some correspondence from over a
decade ago would not lead a reasonable person to believe that he would
either consciously or unconsciously favour his former firm's former
client. It is simply not realistic to think that a judge would throw
off his mantle of impartiality, ignore his oath of office and favour a
client - about whom he knew nothing - of a firm that he left six years
earlier and that no longer acts for the client, in a case involving
events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter
involving Mr. Amos while he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
clear during the hearing of this matter that the only reason for the
alleged conflict for Justice Webb was that he was a member of
Patterson Law and Patterson Palmer. This is simply not enough for
Justice Webb to be disqualified. Any involvement of Mr. Amos with
Patterson Law while Justice Webb was a member of that firm would have
had to occur over 10 years ago and even longer for the time when he
was a member of Patterson Palmer. In addition to the lack of any
involvement on his part with any matter or dispute that Mr. Amos had
with Patterson Law or Patterson Palmer (which in and of itself is
sufficient to dispose of this matter), the length of time since
Justice Webb was a member of Patterson Law or Patterson Palmer would
also result in the same finding – that there is no conflict in Justice
Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
(2d) 260, the Manitoba Court of Appeal found that there was no
reasonable apprehension of bias when a judge, who had been a member of
the law firm that had been retained by the accused, had no involvement
with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4
F.C. 321, 257 N.R. 96, this court did find that there would be a
reasonable apprehension of bias where a judge, who while he was a
lawyer, had recorded time on a matter involving the same person who
was before that judge. However, this case can be distinguished as
Justice Webb did not have any time recorded on any files involving Mr.
Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He
stated in his affidavit dated June 26, 2017 that there is a “true copy
of an American police surveillance wiretap entitled 139” on this CD.
He has also indicated that he has “provided a true copy of the CD
entitled 139 to many American and Canadian law enforcement authorities
and not one of the police forces or officers of the court are willing
to investigate it”. Since he has indicated that this is an “American
police surveillance wiretap”, this is a matter for the American law
enforcement authorities and cannot create, as Mr. Amos suggests, a
conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable
apprehension of bias for Justice Webb and therefore, no reason for him
to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional
experience with the government created a “quasi-conflict” in deciding
the cross-appeal. Mr. Amos provided no details and Justice Near
confirmed that he had no prior knowledge of the matters alleged in the
Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr.
Amos’ allegations against Justice Gleason, it appears that he alleges
that she is incapable of hearing this appeal because he says he wrote
a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney were partners in the law firm
Ogilvy Renault, LLP. The letter in question, which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
you and your little dogs too”. There is no indication that the letter
was ever responded to or that a law suit was ever commenced by Mr.
Amos against Mr. Mulroney. In the circumstances, there is no reason
for Justice Gleason to recuse herself as the letter in question does
not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the
Judge err in setting aside the Prothonotary’s Order striking the Claim
in its entirety without leave to amend and in determining that Mr.
Amos’ allegation that the RCMP barred him from the New Brunswick
legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the
Prothonotary’s Order, this Court revisited the standard of review to
be applied to discretionary decisions of prothonotaries and decisions
made by judges on appeals of prothonotaries’ decisions in Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
this Court replaced the Aqua-Gem standard of review with that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
[Housen]. As a result, it is no longer appropriate for the Federal
Court to conduct a de novo review of a discretionary order made by a
prothonotary in regard to questions vital to the final issue of the
case. Rather, a Federal Court judge can only intervene on appeal if
the prothonotary made an error of law or a palpable and overriding
error in determining a question of fact or question of mixed fact and
law (Hospira at para. 79). Further, this Court can only interfere with
a Federal Court judge’s review of a prothonotary’s discretionary order
if the judge made an error of law or palpable and overriding error in
determining a question of fact or question of mixed fact and law
(Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own
assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
must look to the Prothonotary’s Order to determine whether the Judge
erred in law or made a palpable and overriding error in choosing to
interfere.
B. Did the Judge err in interfering with the
Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following
paragraphs from the Crown’s submissions as the basis for striking the
Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but four
of those paragraphs are dedicated to an incident that occurred in 2006
in and around the legislature in New Brunswick. The jurisdiction of
the Federal Court does not extend to Her Majesty the Queen in right of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or provincial actors as parties to this action. The incident alleged
does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant
provide no details as to the individuals involved or the location of
the alleged incidents or other details sufficient to allow the
Defendant to respond. As a result, it is difficult or impossible to
determine the causes of action the Plaintiff is attempting to advance.
A generous reading of the Statement of Claim allows the Defendant to
only speculate as to the true and/or intended cause of action. At
best, the Plaintiff’s action may possibly be summarized as: he
suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim
on the same jurisdictional basis as the Prothonotary. The Judge noted
that the Federal Court has jurisdiction over claims based on the
liability of Federal Crown servants like the RCMP and that the actors
who barred Mr. Amos from the New Brunswick legislature in 2004
included the RCMP (Federal Court Judgment at para. 23). In considering
the viability of these allegations de novo, the Judge identified
paragraph 14 of the Claim as containing “some precision” as it
identifies the date of the event and a RCMP officer acting as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
para. 27).
[31] The Judge noted that the 2004 event could support a
cause of action in the tort of misfeasance in public office and
identified the elements of the tort as excerpted from Meigs v. Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’ statement of claim pleads each
element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful
conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her
conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public
officer and knowledge of harm alone is insufficient to conclude that a
public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient
material facts to meet the elements of the tort of misfeasance in
public office because the actors, who barred him from the New
Brunswick legislature in 2004, including the RCMP, did so for
“political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings
in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to
assert, baldly, conclusory phrases such as “deliberately or
negligently,” “callous disregard,” or “by fraud and theft did steal”.
“The bare assertion of a conclusion upon which the court is called
upon to pronounce is not an allegation of material fact”. Making bald,
conclusory allegations without any evidentiary foundation is an abuse
of process…
To this, I would add that the tort of misfeasance in public office
requires a particular state of mind of a public officer in carrying
out the impunged action, i.e., deliberate conduct which the public
officer knows to be inconsistent with the obligations of his or her
office. For this tort, particularization of the allegations is
mandatory. Rule 181 specifically requires particularization of
allegations of “breach of trust,” “wilful default,” “state of mind of
a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the
Prothonotary’s Order, we are of the view that the Judge interfered
absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable claim and was fundamentally vexatious on the
basis of jurisdictional concerns and the absence of material facts to
ground a cause of action. Paragraph 14 of the Claim, which addresses
the 2004 event, pleads no material facts as to how the RCMP officer
engaged in deliberate and unlawful conduct, knew that his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred from
the New Brunswick legislature for political and/or malicious reasons,
these allegations are not particularized and are directed against
non-federal actors, such as the Sergeant-at-Arms of the Legislative
Assembly of New Brunswick and the Fredericton Police Force. As such,
the Judge erred in determining that Mr. Amos’ allegation that the RCMP
barred him from the New Brunswick legislature in 2004 was capable of
supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare
allegations, devoid of any detail, such that it discloses no
reasonable cause of action within the jurisdiction of the Federal
Courts. Therefore, the Judge erred in interfering to set aside the
Prothonotary’s Order striking the claim in its entirety. Further, we
find that the Prothonotary made no error in denying leave to amend.
The deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s
cross-appeal, with costs, setting aside the Federal Court Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order, dated
November 12, 2015, which struck Mr. Amos’ Claim in its entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET:
A-48-16
STYLE OF CAUSE:
DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Fredericton,
New Brunswick
DATE OF HEARING:
May 24, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
DATED:
October 30, 2017
APPEARANCES:
David Raymond Amos
For The Appellant / respondent on cross-appeal
(on his own behalf)
Jan Jensen
For The Respondent / appELLANT ON CROSS-APPEAL
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent / APPELLANT ON CROSS-APPEAL
From: Jody.Wilson-Raybould@parl.gc.
Date: Tue, 26 Feb 2019 10:47:40 +0000
Subject: Automatic reply: Yo Maxime Bernier Re Federal Court File No
T-1557-15 The liberal propaganda byway of CBC informs us that Rachel
Bendayan and two other lawyers are heading to the hill to assist you
in the coverup N'esy Pas?
To: motomaniac333@gmail.com
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Date: Tue, 26 Feb 2019 10:47:39 +0000
Subject: Automatic reply: Yo Maxime Bernier Re Federal Court File No
T-1557-15 The liberal propaganda byway of CBC informs us that Rachel
Bendayan and two other lawyers are heading to the hill to assist you
in the coverup N'esy Pas?
To: David Amos <motomaniac333@gmail.com>
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https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos@Kathryn98967631 and 49 others
Methinks Mr Higgs knows who gave Mr Austin this big idea N'esy Pas?
https://davidraymondamos3.blogspot.com/2019/02/peoples-alliance-pushes-for-private.html
https://www.cbc.ca/news/canada/new-brunswick/peoples-alliance-cannabis-liquor-private-sales-1.5032291
People's Alliance pushes for private liquor, cannabis retail system
Comments
David Amos
Methinks Mr Higgs knows who gave Mr Austin this big idea N'esy Pas?
Les Cooper
The prices would not increase. Because there is more competition and can be run cheaper then the government. That Union guys on crack.
David Amos
@Les Cooper Methinks there is nothing like competition to keep the prices down N'esy Pas?
Arnold Stone
how many times has the government changed and some Service NB and some liquor stores change addresses, also some places sell beer privately but NB Liquor or ultimately the NB Government decides who gets the license, remember the fiasco on Hanwell Rd when a business from outside Fredericton was chosen over a store that has been in the area for years, if private owned stores can get a license then any private store should be given a license
David Amos
@Arnold Stone I recall that nonsense up on the Hanwell very well. Methinks it easily affirmed the old adage "Everything political is always about the money"N'esy Pas?
Les Cooper
And like Alberta
Costco has a liquor store and prices are awesome.
Costco has a liquor store and prices are awesome.
David Amos
@Les Cooper Imagine that
Les Cooper
Alberta has been privatized for years. They follow the same guidelines as the government would and alcohol is cheaper and you don't have to be a government employee to work there.
Content disabled.
David Amos
@Les Cooper Therein lies the rub Methinks every unionized government employee will oppose this for fear that they get the boot next The NDP may rise from the ashes much to the chagrin of its former leader Mr Minister Cardy N'esy Pas?
Rosco holt
Before privatizing anything, it should be researched and have a realistic plan of what can be expected and how much money can be made or lost, depending of the scenario.
Only then it could be considered.
Only then it could be considered.
David Amos
@Rosco holt Why put good money after bad in an effort to delay the matter further?
M Joan Leuty
Sorry I do not want privately run stores for these products. Keep it in government hands to enforce age restrictions and no sales to the already impaired. Plus, convenience stores etc get robbed more often in places where they carry alcohol. Private canabis stores also are reported as being held up. Gov't only sales also prevents organized crime from being involved.
Rob Mason
@M Joan Leuty rubbish!
David Amos
@M Joan Leuty Spoken like a true political pundit
Jeff LeBlanc
@M Joan Leuty facts to back up your liquor robbery theory. I don't recall Salisbury or Memramcook agency stores being robbed recently or any other for that matter.
Rob Mason
@M Joan Leuty this reasoning would also apply to tobacco as well. Should we have all tobacco sold in Government stores as well?
Colin Seeley
@M Joan Leuty
I think I saw wines for sale at the Superstores.
I think I saw wines for sale at the Superstores.
Marigold French
David Amos
Harold Benson
Excellent idea.
Content disabled.
David Amos
@Harold Benson Methinks Sam thinks so too N'esy Pas?
Mark (Junkman) George
Major problem:
Our wonderful government has signed 10 year, very expensive, leases for those pot stores. Leases so expensive, no one in their right mind, would ever assume............
I would suspect those fancy new liquor stores are the same.
So, if we privatize, we will be on the hook for leases, and paying to retire the unionized workers.
We're talking money too big to sweep under the rug.
I'm *thinking* we best get used to no revenue from pot, or liquor, sales.
Our wonderful government has signed 10 year, very expensive, leases for those pot stores. Leases so expensive, no one in their right mind, would ever assume............
I would suspect those fancy new liquor stores are the same.
So, if we privatize, we will be on the hook for leases, and paying to retire the unionized workers.
We're talking money too big to sweep under the rug.
I'm *thinking* we best get used to no revenue from pot, or liquor, sales.
daryl doucette
@Mark (Junkman) George Who " owns" the stores George? Probably a " numbered" company?
David Amos
@Mark (Junkman) George Good Point
David Amos
@David Amos No doubt
Chris McNee
I read the article from the Fraser institute about the success that happend when Alberta did the deregulation of the selling of Alchol. It would make sense to allow corner stores to sell alchol just as they have been selling tobacco. They already have the market available and it would cut the wages the province is paying into NB liquor. It might work? But it would also cause job losses also. Give the article a read it’s independent and pretty straight forward.
David Amos
@Chris McNee "But it would also cause job losses also"
Who cares?
Methinks we have far too many riding on the government gravy train anyway N'esy Pas?
Who cares?
Methinks we have far too many riding on the government gravy train anyway N'esy Pas?
Chris McNee
@David Amos I would Care. It’s horrible when people lose there jobs for what ever reason.
David Amos
@Chris McNee Methinks you must work for the government N'esy Pas?
Joe campbell
One only has to look at Alberta to see the results https://www.fraserinstitute.org/article/success-albertas-liquor-store-privatization-lesson-other-provinces
Chris McNee
@Joe campbell awesome point you made with viable study work done. I personally don’t drink much but it looks like it could save the province money.
Joe campbell
@Chris McNee crazy that it went from 220 government locations to 1980 private locations plus ex employee's had a chance to buy in
David Amos
@Joe campbell I concur
Rj LeBlanc
I think maybe Austin had a toke before he made that statement?
Gil Murray
@Rj LeBlanc Why so? Would it be so bad to reduce cost at the distribution level and maintain control over the corporate structure? I am not sure that eliminating the existing government owned distribution network and setting royalty revenue at at a less-cost rate would not be a better model. Why is that so evil?
Content disabled.
David Amos
@Rj LeBlanc Tut Tut Tut
Marc Martin
@Gil Murray
And the money we would loose in profits where do you think they would come and take it from ?
And the money we would loose in profits where do you think they would come and take it from ?
David Amos
@Rj LeBlanc Now play nice kids
Gerry Blais
Keep It Simple Stupid. Leave everything the way it is.
David Amos
@Gerry Blais Methinks you should have voted for the KISS Party N'esy Pas?
Harold Benson
@Gerry Blais Except open the beer store at 8 am.
JJ Carrier
CoR Lite and liquor/drugs should not mix...that's how they secured enough votes for their MLAs in the first place...Austin, a former failed minister, is preaching on addiction consumables as a benefit...Next thing you know he will want to make Nackawic part of the States...
Marc Martin
@JJ Carrier
LOL
LOL
David Amos
@JJ Carrier Methinks the Irving Clan should affirm that Nackawic is controlled by a company based in India N'esy Pas?
Rosco holt
So much for Austin's commen sense.
Marc Martin
@Rosco holt
Exactly.....
Exactly.....
David Amos
@Rosco holt Methinks Austin doesn't have much common sense either but Mr Higgs and the SANB know what has concerned me since 2010 is the pastor's severe lack of ethics N'esy Pas?
Joseph Vacher
YES YES YES a THOUSAND TIMES YES!!!!
David Amos
@Joseph Vacher It worked out well for Alberta
stephen blunston
this is a great idea for everyone other than the over paid that work in these locations , but maybe prices will get reasonable and people may buy more government is terrible at retail operations they cost to much and lose money
Marc Martin
@stephen blunston
Its a great idea for people who have no idea how to make money....
*but maybe prices will get reasonable*
Yes lets get better prices on beer , let the province take money from somewhere else like health and education......your a genius !!!
*retail operations they cost to much and lose money*
No they don't NB Liquor makes million in revenues across NB.
Its a great idea for people who have no idea how to make money....
*but maybe prices will get reasonable*
Yes lets get better prices on beer , let the province take money from somewhere else like health and education......your a genius !!!
*retail operations they cost to much and lose money*
No they don't NB Liquor makes million in revenues across NB.
David Amos
@stephen blunston YUP
Rob Mason
@Marc Martin "No they don't NB Liquor makes million in revenues across NB."
This is a true statement, they would make even more if they didn't have the overhead of stores and all the associated costs.
Government would only relinquish the retail side, they would maintain distribution and the private sector would still collect and remit the sin tax to the government coffers. Kapich (your word in a previous reply) Perhaps Comprend is a better term?
This is a true statement, they would make even more if they didn't have the overhead of stores and all the associated costs.
Government would only relinquish the retail side, they would maintain distribution and the private sector would still collect and remit the sin tax to the government coffers. Kapich (your word in a previous reply) Perhaps Comprend is a better term?
Rosco holt
@Rob Mason
Since when has government done anything correctly?
Politicians would screw any privatization up.
Since when has government done anything correctly?
Politicians would screw any privatization up.
Rob Mason
@Rosco holt that is the beauty they can't screw it up. Close down NBLC and hand it to the private sector, let them manage the market within the current rules and regulations. They collect and remit the sin tax, and no government stores or employees involved. Tax Revenue would remain the same while fixed costs would decrease, this would result in more $$$ for Gov coffers.
Pierre Cyr
So while Austin lamented his wife making 13$ an hour in healthcare on Terry Seguin's radio show he thinks its alright for retail workers. NB would lose billions and hundreds of good paying jobs as Alberta has to private for profit, likely out of province corporations. Not that in province private for profit corporations pay much tax already. Cannabis will be 2-3x what NB liquor is. Handing them both to the private sector would gut gov revenues at a time when we supposedly cant afford it. Neo liberals in various political parties again cant keep their messages straight. They like to panic the population over the debt then engineer even worse future debts and loss of services when in power.
Dan Lee
@Pierre Cyr
I agree ..why would we give private companies our tax dollars.....we paid for theses stores .....
I agree ..why would we give private companies our tax dollars.....we paid for theses stores .....
David Amos
@Pierre Cyr "They like to panic the population over the debt then engineer even worse future debts and loss of services when in power."
Methinks everybody knows that is a big part of the wicked game N'esy Pas?
Methinks everybody knows that is a big part of the wicked game N'esy Pas?
Rob Mason
Governments at all levels need to stop treating us adults as children. Leave more $$$ is the taxpayer pockets, people can best decide what to do with it not a waste prone government. People will spend, save, invest give to charity, whatever they choose, let US decide not the government!!
David Amos
@Rob Mason Good Luck with that
Jeff LeBlanc
I'm not defending anything run by the NB Goverent and am a fan of privatized liquor but CNB is a new entity with a lot of start up costs so did anyone really expect them to make a lot of money in less than a year? I certainly didn't.
Rosco holt
@Jeff LeBlanc
I'm against it, the profit the crown corp bring goes to the province. It won't if privatized. Millions would be lost and government will recoop that lost in our pockets.
I'm against it, the profit the crown corp bring goes to the province. It won't if privatized. Millions would be lost and government will recoop that lost in our pockets.
Marc Martin
@Rosco holt
Exactly..well said.
Exactly..well said.
Joseph Vacher
@Jeff LeBlanc who can't make money selling drus?
Jeff LeBlanc
@Joseph Vacher give it time it's been less than less than 6 month's. Ever hear of start up costs?
Jake Devries
@Joseph Vacher the Libs
David Amos
@Rosco holt I diasagree
Rob Mason
@Rosco holt obviously you have little to no understanding how the Alberta system works. Your above statement is patently false, taxes would still be charged and remitted to the government. Without having to pay for the overhead of stores, employees, etc the province would collect MORE not less.
Rosco holt
@Rob Mason
Simple, it has to do NB politicians. They wouldn't get what best for the province, but give sweet deal to their friends like always.
Politicians don't look after the interest of the province or it's citizen, but their own and that of their party/ backers.
Simple, it has to do NB politicians. They wouldn't get what best for the province, but give sweet deal to their friends like always.
Politicians don't look after the interest of the province or it's citizen, but their own and that of their party/ backers.
Rosco holt
@Rob Mason
Also, keep in mind that the profits most likely won't stay in the province, but go elsewhere.
And I'm not talking about taxes, but the in-store mark ups. The province won't make up the salary/ jobs lost.
Also, keep in mind that the profits most likely won't stay in the province, but go elsewhere.
And I'm not talking about taxes, but the in-store mark ups. The province won't make up the salary/ jobs lost.
Rob Mason
@Rosco holt so the guy running the corner store will ship his profits offshore? The lost union jobs would be made up in quick order, the private sector model would ensure it. Unions are a "business" like any other, when they lose members, they lose revenue. Does anyone really believe their cry of "think of the children" when supporting the monopoly?
Colin Seeley
Beer needs to be sold in private stores as well.
Wines could be sold privately in the pot stores which should be private as well.
Govt stores could sell all 3 but have their numbers reduced.
Why do I have to go to a Govt store to buy beer ?
Wines could be sold privately in the pot stores which should be private as well.
Govt stores could sell all 3 but have their numbers reduced.
Why do I have to go to a Govt store to buy beer ?
David Amos
@Colin Seeley Perhaps its for your benefit in order to slow down your consumption
Matt Steele
The Cannabis N.B. roll out was just another giant boondoggle by Brian Gallant and the SANB controlled Liberal Party . Gallant was so focused on getting his SANB buddies jobs , that he totally ignored the business model . Those Cannibis outlets should have been incorporated into the current liquor stores which were already built and staffed....but Gallant wanted his buddies to get building contracts and jobs at the new stores . So now the TAXPAYERS are left paying for another Brian Gallant mess ......it just never seems to end . Welcome to N.B. ; Canada's " ONLY " officially bilingual province !!!
Rosco holt
@Matt Steele
The Conservative aren't any different. They give contracts and job to their friends also.
The Conservative aren't any different. They give contracts and job to their friends also.
David Amos
@Rosco holt True
Jeff LeBlanc
Makes a good headline but just like NB Liquor it will never happen. Not in this bass ackwards province.
David Amos
@Jeff LeBlanc True
Fred Brewer
"Government's the only entity I'm aware of that could lose money selling marijuana."
The above statement says it all. If you cannot do the job, then step aside and let private companies do the job for you.
The above statement says it all. If you cannot do the job, then step aside and let private companies do the job for you.
David Amos
@Fred Brewer YUP
Paul Bourgoin
Could it be that the people behind this article are the ones interested in buying the Pot and Liquor sales in New Brunswick? or maybe the CoRservative?
David Amos
@Paul Bourgoin This is a CBC article Need I say more?
William Reed
Takers want to take more. Of course the rich would love to own these revenue streams.
These things only really have the public's blessing because we can collectively profit/benefit from our own wants. No one without direct skin in the game is interested in seeing the market in these things falling into private hands. Privatizing things means concentrating ownership of them in time. Beer and dope sales would simply come to fill the pockets of foreigners after the locals cashed out. In many ways it's a pyramid scheme once it's out of the public's hands. The last thing the world needs is more concentration of wealth in private hands. As it is now we already have humans with more money than they know how to spend looking for thing to buy to grow their fortunes.
These things only really have the public's blessing because we can collectively profit/benefit from our own wants. No one without direct skin in the game is interested in seeing the market in these things falling into private hands. Privatizing things means concentrating ownership of them in time. Beer and dope sales would simply come to fill the pockets of foreigners after the locals cashed out. In many ways it's a pyramid scheme once it's out of the public's hands. The last thing the world needs is more concentration of wealth in private hands. As it is now we already have humans with more money than they know how to spend looking for thing to buy to grow their fortunes.
Colin Seeley
@William Reed
Sounds like a shout out to emulate China.
Sounds like a shout out to emulate China.
David Amos
@Colin Seeley Methinks you forgot that Trudeau The Younger admires the Chinese way of doing business N'esy Pas?
William Reed
@Colin Seeley
China is an authoritative state that employs capitalism for its own ends. We allow capitalism to indirectly create that sort of environment here. The capitalists are running nothing more than private little dictatorships that are getting to be as large as entire countries, economically speaking. Without really appreciating it our de facto system is authoritarian too. You do what the owners want or you don't get to work for them.
China is an authoritative state that employs capitalism for its own ends. We allow capitalism to indirectly create that sort of environment here. The capitalists are running nothing more than private little dictatorships that are getting to be as large as entire countries, economically speaking. Without really appreciating it our de facto system is authoritarian too. You do what the owners want or you don't get to work for them.
Paul Bourgoin
If NB can't manage a liquor store in New Brunswick for profit, with no competition, the same with POT why should we abandon the stores? Maybe the Province should fire the supervision, management, the slackers and clean up that Management ladder. Somewhere someone is making money but not New Brunswick WHY?
Colin Seeley
@Paul Bourgoin
Too much overhead .
Too much overhead .
stephen blunston
@Paul Bourgoin over priced and incompitant management like all NB crown corps I still think NB power may be the worst run
David Amos
@Paul Bourgoin Methinks you answered your own question N'esy Pas?
Marc Martin
*Austin said he's been in contact with the Blaine Higgs's Progressive Conservative government and it is receptive to the idea.*
How is that not surprising....the CoRservative leader listening to his boss...
How is that not surprising....the CoRservative leader listening to his boss...
Mack Leigh
@Marc Martin
Perhaps your focus should change to ideas which will actually improve the quality of life here in NB rather than your paranoid rantings due to your fear of losing your seat at the feeding trough of government......
Perhaps your focus should change to ideas which will actually improve the quality of life here in NB rather than your paranoid rantings due to your fear of losing your seat at the feeding trough of government......
Rosco holt
@Mack Leigh
How would privatizing NB Liquor improve the quality of life in the province exactly?
How would privatizing NB Liquor improve the quality of life in the province exactly?
Jake Devries
@Rosco holt another anchor released from our necks
Rosco holt
@Jake Devries
How about we deep six the Cons and the liberals instead?
Stop giving resources and money to private entities that does not have trouble making money.
How about we deep six the Cons and the liberals instead?
Stop giving resources and money to private entities that does not have trouble making money.
Rob Mason
@Marc Martin @Marc Martin your clear Liberal bias is showing again. If this was a NDP statement you would have no issue with it. The Peoples Alliance was the bogeyman who was going to roll back all things Francophone, hasn't happened, won't happen.
Your cheer leading while predictable is wearing thin.
Your cheer leading while predictable is wearing thin.
Rob Mason
@Marc Martin well my first two replies were con tent dis abled?
Why are you allowed to criticize political parties and if I mention your obvious hatred for all things PA it is moderated?
Why are you allowed to criticize political parties and if I mention your obvious hatred for all things PA it is moderated?
David Amos
@Rosco holt "How about we deep six the Cons and the liberals instead?"
Methinks that is why I ran for public office six times thus far while most folks just laughed at me because I did not belong to any political party N'esy Pas?
Methinks that is why I ran for public office six times thus far while most folks just laughed at me because I did not belong to any political party N'esy Pas?
Rob Mason
@David Amos perhaps starting every comment with me thinks is part of the reason no one takes you seriously? If you want your perspective to be heard, articulate it, "me thinks" is distracting and offers nothing of value.
David Amos
@Rob Mason Methinks your problem is that I take what you say against me very seriously N'esy Pas?
David Amos
@Rob Mason "your clear Liberal bias is showing again."
Methinks your beloved Mr Higgs knows that I never met a Mason who was not a Conservative N'esy Pas?
Methinks your beloved Mr Higgs knows that I never met a Mason who was not a Conservative N'esy Pas?
Rob Mason
@David Amos against you? You made this statement:"Methinks that is why I ran for public office six times thus far while most folks just laughed at me because I did not belong to any political party N'esy Pas?"
I merely offered a reason as to why you are not taken seriously. In my opinion, most here agree "me thinks" does nothing to help you get your point across.
I merely offered a reason as to why you are not taken seriously. In my opinion, most here agree "me thinks" does nothing to help you get your point across.
David Amos
@Rob Mason Methinks not one Mason ever voted for me but I did have a few spit and chews with Masons during the aforesaid elections N'esy Pas?
Rob Mason
@David Amos I believe you are in over your head in most of these discussions, an Anglo Marc!! You don't know me nor my political leanings, I would point out your Ad Hominem remark, but would have to wait for you to look it up before you could reply. Sigh
David Amos
@Rob Mason You picked this fight not I
Rob Mason
@David Amos "not one Mason ever voted for me"
We are perceptive if noting else!
We are perceptive if noting else!
Marc Martin
@Mack Leigh
So selling NB liquor to generate less money for the province and to get ride of good paying jobs = not wanting good quality life for NB ers ?
So selling NB liquor to generate less money for the province and to get ride of good paying jobs = not wanting good quality life for NB ers ?
Marc Martin
@Rob Mason
*The Peoples Alliance was the bogeyman who was going to roll back all things Francophone*
Oh he is trying, its just not working like he planned.
*The Peoples Alliance was the bogeyman who was going to roll back all things Francophone*
Oh he is trying, its just not working like he planned.
Rob Mason
@Marc Martin show me an example where the PA have tried to roll back any rights. You know a link, article, citation, etc. Not your perception a verifiable fact.
David Amos
@Rob Mason Methinks from my perception of verifiable facts I must assume that many would agree that you and the SANB dude deserve each other N'esy Pas?
David Amos
@Rob Mason "show me an example where the PA have tried to roll back any rights. You know a link, article, citation, etc"
Federal Court File No T-1557-15
Federal Court File No T-1557-15
Marc Martin
*They brought forward a privatization model which saw increased employment, increased *
Of course everyone will want those minimum salary jobs...
How can any sane people vote for that guy ??
Of course everyone will want those minimum salary jobs...
How can any sane people vote for that guy ??
Fred Brewer
@Marc Martin
Yes, I just love to see my tax dollars being spent on a cashier who makes $30 per hour. *Sarcasm*
Yes, I just love to see my tax dollars being spent on a cashier who makes $30 per hour. *Sarcasm*
Mack Leigh
@Marc Martin
Careful Marc , your extreme insecurity along with your fear of losing the " minority advantage " is showing again...... Really sad that you feel so threatened and intimidated by Austin and the PANB however speaks volumes as to your true priorities which are not for the majority of people in NB........
Careful Marc , your extreme insecurity along with your fear of losing the " minority advantage " is showing again...... Really sad that you feel so threatened and intimidated by Austin and the PANB however speaks volumes as to your true priorities which are not for the majority of people in NB........
David Amos
@Mack Leigh Oh So True
Emery Hyslop-Margison
Absolutely the correct call. The regulations over liquor sales in particular is ridiculous, a major inconvenience to consumers, and costs the government revenue. Pull the plug on NBLCC.
Layton Bennett
@Emery Hyslop-Margison No. NBLC makes money, in what world would it make any fiscal sense to sell off a profitable enterprise? I agree that some regulations need to be changed, but I refuse to say that we should kill off a money making Crown Corporation.
Marc Martin
@Layton Bennett
Exactly...It would be stupid to get ride of the only crown corporation that makes money for the government so that people pay less for beer...
Exactly...It would be stupid to get ride of the only crown corporation that makes money for the government so that people pay less for beer...
Fred Brewer
@Layton Bennett
You kill off the money-making crown corp when you realize the government can make even more money by privatizing.
You kill off the money-making crown corp when you realize the government can make even more money by privatizing.
Jeff LeBlanc
@Fred Brewer if they sold licenses like they do for tobacco they might be on to something. Less overhead anyway.
Rob Mason
@Marc Martin and @Layton Bennett The government would still make money. They would collect the same amount of taxes just less overhead, salaries, pensions, benefits. The private sector would generate wealth, more jobs, better selection etc. A government entity never makes money, it only consumes it.
Pierre Cyr
@Rob Mason Those would be minimum wage jobs with no benefits or pensions (you're celebrating that?) and the current fair wages would be just more profit for millionaire operators. IOW just more poverty for a poor province. And you wonder why the kids are leaving this province.
Marc Martin
@Rob Mason
*The government would still make money*
But not has much that lost would have to be replaced another place kapich ?
*The private sector would generate wealth*
Ha ha ha that made me laugh, they would generate more wealth how ? by giving minimum salary with no benefit ? Tell me genius how would THEY reinvest into the economy ??
*more jobs*
Yes more 11.25 an hour jobs with zero benefits...
*better selection*
Your a beer drinker I can see that, but beer is not a necessity if you can afford it don't buy it.
*A government entity never makes money, it only consumes it.*
NB Liquor is their piggy bank.
*The government would still make money*
But not has much that lost would have to be replaced another place kapich ?
*The private sector would generate wealth*
Ha ha ha that made me laugh, they would generate more wealth how ? by giving minimum salary with no benefit ? Tell me genius how would THEY reinvest into the economy ??
*more jobs*
Yes more 11.25 an hour jobs with zero benefits...
*better selection*
Your a beer drinker I can see that, but beer is not a necessity if you can afford it don't buy it.
*A government entity never makes money, it only consumes it.*
NB Liquor is their piggy bank.
Joseph Vacher
@Layton Bennett except, it doesn't make money lol
Joseph Vacher
@Pierre Cyr :( no 30$ per hour for being a cashier..... makes sense to me
Marc Martin
@Joseph Vacher
No cashier makes 30 an hour.
No cashier makes 30 an hour.
Marc Martin
@Joseph Vacher
Actually it does make million in revenue a year...
Actually it does make million in revenue a year...
Jake Devries
@Pierre Cyr it's a retail job...like Walmart...same skill sets, virtually none...gov't should NEVER be in any retail business..
Rosco holt
@Jake Devries
Government shouldn't be playing banker either. They always bet on the losing horse.
Government shouldn't be playing banker either. They always bet on the losing horse.
Rob Mason
@Pierre Cyr not everyone can work for the government, someone has to generate wealth and pay taxes. Do you not understand the NB liquor employees are paid with tax dollars created by business? So the guy owning the Agency store is a millionaire? Even if he is, so what. He invested, worked hard and made money and PAID TAXES.
The kids are leaving the province because no jobs, high taxes and little hope for the future.
The kids are leaving the province because no jobs, high taxes and little hope for the future.
David Amos
@Emery Hyslop-Margison How is your optimism doing today?
David Amos
@Rosco holt Google "Harper and Bankers"
Notice Frank McKenna's name?
Notice Frank McKenna's name?
Rob Mason
@Marc Martin you said...
"Ha ha ha that made me laugh, they would generate more wealth how ? by giving minimum salary with no benefit ? Tell me genius how would THEY reinvest into the economy ?? "
NBLC employees are paid with tax dollars generated by the private sector, ergo they consume wealth.
'"Tell me genius how would THEY reinvest into the economy ?? ""
Marc, the personal insult aside, I will type slowly so hopefully you can comprehend...
They will reinvest by making improvements to their properties, paying employees, paying taxes,shall I go on?
"Ha ha ha that made me laugh, they would generate more wealth how ? by giving minimum salary with no benefit ? Tell me genius how would THEY reinvest into the economy ?? "
NBLC employees are paid with tax dollars generated by the private sector, ergo they consume wealth.
'"Tell me genius how would THEY reinvest into the economy ?? ""
Marc, the personal insult aside, I will type slowly so hopefully you can comprehend...
They will reinvest by making improvements to their properties, paying employees, paying taxes,shall I go on?
Fred Brewer
@Marc Martin
"But not has much that lost would have to be replaced another place kapich ? "
No I don't kapiche. I really tried but I cannot make any sense of your quote.
"But not has much that lost would have to be replaced another place kapich ? "
No I don't kapiche. I really tried but I cannot make any sense of your quote.
Rob Mason
@Fred Brewer don't fret, we all struggle making sense of some of Marc's statements.
Layton Bennett
@Fred Brewer
But they won't. Explain to me how they will make more on a business they no longer own.
But they won't. Explain to me how they will make more on a business they no longer own.
Marc Martin
@Rob Mason
Paying employees ? Minimum salary ?
*They will reinvest by making improvements to their properties*
And that will generate millions to the government of NB ??
*paying taxes*
They are already paying taxes...Having a few more employees, paying them minimum salary will make THEM save taxes..Again how will this generate millions for the government of NB ???
You don't seem ton comprehend how this works.
- The province is making a profit
- They hire people, pay them a good wage with good benefits
- These people re-invest into the economy, they buy cars, houses, and they pay taxes.
Business having NB liquor
- Pay minimum salary with almost no benefits
- Does not re-invest but into themselves
In the end where will the province get the money they will be losing ?? Yeah I think you are slow...
Paying employees ? Minimum salary ?
*They will reinvest by making improvements to their properties*
And that will generate millions to the government of NB ??
*paying taxes*
They are already paying taxes...Having a few more employees, paying them minimum salary will make THEM save taxes..Again how will this generate millions for the government of NB ???
You don't seem ton comprehend how this works.
- The province is making a profit
- They hire people, pay them a good wage with good benefits
- These people re-invest into the economy, they buy cars, houses, and they pay taxes.
Business having NB liquor
- Pay minimum salary with almost no benefits
- Does not re-invest but into themselves
In the end where will the province get the money they will be losing ?? Yeah I think you are slow...
Marc Martin
@Fred Brewer
The province makes more money now then if NB liquor would go private anyone who does not understand this is either an alcoholic of the owner of a small business who wants to sell beer.
The province makes more money now then if NB liquor would go private anyone who does not understand this is either an alcoholic of the owner of a small business who wants to sell beer.
Rob Mason
@Marc Martin
You don't seem ton comprehend how this works.
- The province is making a profit
- They hire people, pay them a good wage with good benefits
- These people re-invest into the economy, they buy cars, houses, and they pay taxes.
The last point specifically is when you don't understand. The money they pay taxes on was generated by the private sector, they are paying tax on a tax.
"how will this generate millions for the government of NB ??? "
The government will still receive the same tax revenue, just not have the overhead. Why is this hard to understand?
You don't seem ton comprehend how this works.
- The province is making a profit
- They hire people, pay them a good wage with good benefits
- These people re-invest into the economy, they buy cars, houses, and they pay taxes.
The last point specifically is when you don't understand. The money they pay taxes on was generated by the private sector, they are paying tax on a tax.
"how will this generate millions for the government of NB ??? "
The government will still receive the same tax revenue, just not have the overhead. Why is this hard to understand?
Rosco holt
@Rob Mason
NBLiquor made Net earning of $168.4 million. That's profit. Not money made by taxes.
Yes, the government will recieve taxes, but I doubt it will be has high has 168 million per/ year on average.
That's without forgetting the social responsibilities that the crown corporation has.
Government has the tendency of cutting corporate taxes (Higgs promised cutting business taxes) with the continual promise that it will create jobs and get businesses to re-invest. Which none of it materialized.
NBLiquor made Net earning of $168.4 million. That's profit. Not money made by taxes.
Yes, the government will recieve taxes, but I doubt it will be has high has 168 million per/ year on average.
That's without forgetting the social responsibilities that the crown corporation has.
Government has the tendency of cutting corporate taxes (Higgs promised cutting business taxes) with the continual promise that it will create jobs and get businesses to re-invest. Which none of it materialized.
Rob Mason
@Rosco holt you know not of what you speak. OK I'll humour you, what percentage of the $168.4 million was mark up to sell in the store and what percentage was tax on the product. It does not matter which source it comes from, the government realizes the revenue. If the private sector was involved they would receive the same amount, while realizing the savings from decreased overhead. (store up keep, heat, lights, wages, pensions, etc)
People's Alliance pushes for private liquor, cannabis retail system
Kris Austin says province should do away with government-owned stores
People's Alliance Leader Kris Austin says the province should abandon the government-owned system of selling liquor and cannabis for one that gets privately owned stores to do the selling.
Austin's comments on Information Morning Fredericton come after the CEO of NB Liquor and Cannabis NB Brian Harriman announced last week that he was stepping down.
Austin said the change at the top of the Crown corporation should bring a change in philosophy that would recognize full privatization as being in the province's best interest.
"If you look at other jurisdictions across North America, it's done exceptionally well, including even in our own country in Alberta," said Austin
"They brought forward a privatization model which saw increased employment, increased revenue, better variety and distribution. Just all the way around seemed to be a better system."
The Alberta system has seen increased liquor store locations and product selection, but even that system has been criticized because it retains government control over distribution. Wages have also gone down for retail workers in Alberta's private outlets.
Austin said privatization would eliminate the government monopoly and allow for more innovation.
He also said the province would see more revenue in privatization because it would still receive tax revenue on sales of alcohol and cannabis but wouldn't incur the overhead of operating retail stores.
He said employment would increase as new businesses moved into the market.
Government would still regulate the industry through licensing and enforcement of liquor and cannabis laws, Austin said.
"Basically the same thing they're doing now, but less cost associated with that," he said.
CUPE 963, the union that represents NB Liquor employees, does not support privatization.
"It looks like the [People's Alliance] is doing the Conservatives' dirty work, by proposing to kill the proverbial 'golden goose' so that a few big corporate players — such as Sobeys and Irving (Circle K) can make more profit," Jamie Agnew, President of CUPE 963, said in a news release.
Privatization would lead to higher prices and lower revenue and would remove public health safeguards, the union said, citing a report from the Canadian Centre for Policy Alternatives and the Parkland Institute.
Daniel Légère, the president of CUPE NB, said government control of alcohol and cannabis is the "safest and best way ahead for consumers."
"I advise the PANB to remove their pro-corporate blinders. Privatization means private profit before people, and fewer good jobs."
New Brunswick now has a government monopoly on the sale and distribution of recreational cannabis, with products only being sold in Cannabis NB stores and on the Crown corporation's website.
NB Liquor has a similar mandate, but alcohol sales are permitted in some private stores in areas where there is no corporate store, and some wines and cider are available in grocery stores. NB Liquor decides where these "agency stores" are located and who runs them.
Citing health care and education, Austin said there are more important things than selling liquor and cannabis for the government to deal with. And with cannabis, the province isn't doing a good job anyway, he said.
"There you see sales have been down.
"Government's the only entity I'm aware of that could lose money selling marijuana. It's just not a good model for government, and the private sector would do it so much better."
Cannabis appears to be falling short of sales projections in its first six months.
The corporation was projected to hit sales of $45 million by March 30. As of Dec. 23, 2018, only $8.6 million in sales had been reported.
Austin said that his party is researching how the province could get out of contracts with cannabis producers and people who rent out the retail location.
Austin said one solution might be to get entrepreneurs to take over the contracts. There could also be "options" for employees to either take over the business or find jobs in the private sector.
Austin said he's been in contact with the Blaine Higgs's Progressive Conservative government and it is receptive to the idea.
"They're certainly open to the idea. I believe right now they're looking into it."
Premier Blaine Higgs told reporters he wants to analyze both NB Liquor and Cannabis NB but didn't confirm he had spoken with Austin about privatization and said he isn't sure that's the best option.
Higgs said he supported looking at the possibility of privatization but any evaluation would take months.
Austin's comments on Information Morning Fredericton come after the CEO of NB Liquor and Cannabis NB Brian Harriman announced last week that he was stepping down.
"If you look at other jurisdictions across North America, it's done exceptionally well, including even in our own country in Alberta," said Austin
"They brought forward a privatization model which saw increased employment, increased revenue, better variety and distribution. Just all the way around seemed to be a better system."
The Alberta system has seen increased liquor store locations and product selection, but even that system has been criticized because it retains government control over distribution. Wages have also gone down for retail workers in Alberta's private outlets.
More innovation, revenue
Austin said privatization would eliminate the government monopoly and allow for more innovation.
He also said the province would see more revenue in privatization because it would still receive tax revenue on sales of alcohol and cannabis but wouldn't incur the overhead of operating retail stores.
Government would still regulate the industry through licensing and enforcement of liquor and cannabis laws, Austin said.
"Basically the same thing they're doing now, but less cost associated with that," he said.
Union response
CUPE 963, the union that represents NB Liquor employees, does not support privatization.
"It looks like the [People's Alliance] is doing the Conservatives' dirty work, by proposing to kill the proverbial 'golden goose' so that a few big corporate players — such as Sobeys and Irving (Circle K) can make more profit," Jamie Agnew, President of CUPE 963, said in a news release.
Daniel Légère, the president of CUPE NB, said government control of alcohol and cannabis is the "safest and best way ahead for consumers."
"I advise the PANB to remove their pro-corporate blinders. Privatization means private profit before people, and fewer good jobs."
Better things to do
New Brunswick now has a government monopoly on the sale and distribution of recreational cannabis, with products only being sold in Cannabis NB stores and on the Crown corporation's website.
NB Liquor has a similar mandate, but alcohol sales are permitted in some private stores in areas where there is no corporate store, and some wines and cider are available in grocery stores. NB Liquor decides where these "agency stores" are located and who runs them.
Citing health care and education, Austin said there are more important things than selling liquor and cannabis for the government to deal with. And with cannabis, the province isn't doing a good job anyway, he said.
"Government's the only entity I'm aware of that could lose money selling marijuana. It's just not a good model for government, and the private sector would do it so much better."
Cannabis appears to be falling short of sales projections in its first six months.
The corporation was projected to hit sales of $45 million by March 30. As of Dec. 23, 2018, only $8.6 million in sales had been reported.
Austin said that his party is researching how the province could get out of contracts with cannabis producers and people who rent out the retail location.
Austin said one solution might be to get entrepreneurs to take over the contracts. There could also be "options" for employees to either take over the business or find jobs in the private sector.
Claims support from PCs
"They're certainly open to the idea. I believe right now they're looking into it."
Premier Blaine Higgs told reporters he wants to analyze both NB Liquor and Cannabis NB but didn't confirm he had spoken with Austin about privatization and said he isn't sure that's the best option.
Higgs said he supported looking at the possibility of privatization but any evaluation would take months.
With files from Information Morning Fredericton
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responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
---------- Original message ----------
From: "Anderson-Mason, Andrea Hon. (JAG/JPG)"<Andrea.AndersonMason@gnb.ca>
Date: Tue, 26 Feb 2019 10:47:37 +0000
Subject: Automatic reply: Yo Maxime Bernier Re Federal Court File No
T-1557-15 The liberal propaganda byway of CBC informs us that Rachel
Bendayan and two other lawyers are heading to the hill to assist you
in the coverup N'esy Pas?
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Lisa Bourque at
my constituency office at
Lisa.Bourque@gnb.ca
Thank you.
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Si c’est au sujet du bureau de circonscription, veuillez contacter
Lisa Bourque à Lisa.Bourque@gnb.ca
(506)755-2810.
Merci.
Andrea Anderson-Mason, Q.C. / c.r.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 26 Feb 2019 06:47:31 -0400
Subject: Yo Maxime Bernier Re Federal Court File No T-1557-15 The
liberal propaganda byway of CBC informs us that Rachel Bendayan and
two other lawyers are heading to the hill to assist you in the coverup
N'esy Pas?
To: maxime.bernier@parl.gc.ca, Jody.Wilson-Raybould@parl.gc.
hon.ralph.goodale@canada.ca, Katie.Telford@pmo-cpm.gc.ca,
Michael.Duheme@rcmp-grc.gc.ca, Michael.Wernick@pco-bcp.gc.ca,
andrew.scheer@parl.gc.ca, elizabeth.may@parl.gc.ca,
hon.melanie.joly@canada.ca, Catherine.Tait@cbc.ca,
Chuck.Thompson@cbc.ca, sylvie.gadoury@radio-canada.ca
darrow.macintyre@cbc.ca
Cc: david.raymond.amos333@gmail.
David.Akin@globalnews.ca, steve.murphy@ctv.ca,
Newsroom@globeandmail.com, news@kingscorecord.com,
news919@rogers.com, premier@gnb.ca, premier@ontario.ca,
andrea.anderson-mason@gnb.ca, attorneygeneral@ontario.ca,
David.Lametti@parl.gc.ca, Nathalie.Drouin@justice.gc.ca,
jan.jensen@justice.gc.ca, clare.barry@justice.gc.ca,
Brenda.Lucki@rcmp-grc.gc.ca
https://davidraymondamos3.
Tuesday, 26 February 2019
NDP Leader Jagmeet Singh claims victory in Burnaby South byelection
David Amos
Methinks it should be fairly obvious as to why the lawyer Melanie Joly
who is our current Minister of Tourism, Official Languages and La
Francophonie is smiling N'esy Pas?
https://rbendayan.liberal.ca/
"Rachel built a successful legal practice at Norton Rose Fulbright in
the field of litigation and international arbitration while also
teaching at the Faculty of Law of the Université de Montréal. She then
served as Chief of Staff to the federal Minister of Small Business and
Tourism, where she played a key role in developing the Liberal
government’s women’s entrepreneurship strategy"
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Sun, 10 Feb 2019 17:21:06 +0000
Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
ethical politcal soul in York-Simcoe before the 12th
To: David Amos <david.raymond.amos333@gmail.
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.
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.
---------- Forwarded message ----------
From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Sun, 10 Feb 2019 17:21:05 +0000
Subject: Automatic reply: Yo Maxime Bernier Lets see if there is an
ethical politcal soul in York-Simcoe before the 12th
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are greatly valued.
You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.
There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.
Thanks again for your email.
______
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.
Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.
Merci encore pour votre courriel.
Check out my last comment in CBC yesterday
https://www.cbc.ca/news/
Jody Wilson-Raybould says she's bound by 'solicitor-client privilege,'
won't comment on SNC-Lavalin scandal
Media report suggests PMO pressured former attorney general to
intervene in fraud case
John Paul Tasker · CBC News · Posted: Feb 08, 2019 10:33 AM ET
5584 Comments
Commenting is now closed for this story.
Kim Luciano
No courage, no honor, no integrity. This is the mantle ALL Canadians
wear if we elect these people again.
Curtis Garrick
Wow...the liberals have confirmed JWR was involved in government talks
about the fate of SNC-Lavalin. Confirming what I have been saying all
along, she used solicitor-client privilege in order to avoid saying
anything that may incriminate her client. Canadians deserve a full
inquiry on this. We need to know exactly who was involved, and exactly
what happened, and if necessary criminal charges should be applied.
Arthur Gill
From other reports this is just the tip of the iceberg folks.
Much more to come.
Joc McTavish
What's a Trudeau without preferred treatment for Quebec.
Richard Riel
Wow Lavalin executives are all over this, it is their salaries, perks,
and bonuses, being argued with politicians for free taxpayers revenues
that many don't have whatsoever.
David Amos
Obviously I am not anonymous Here is a scoop for you to research and
decide whether it be true or false
Methinks anyone can check my work by simply Googling two names "Jody
Wilson-Raybould David Raymond Amos" N'esy Pas?
Trust that Mr Scheer and everyone else who sits in opposition know
that Jody Wilson-Raybould may have lost her mandate as Justice
Minister because of her failings in Federal Court and the Federal
Court of Appeal within my lawsuit against the Crown that was filed
when Harper was the Prime Minister and Mr Scheer was the Speaker.
Everybody knows I about to put that matter before the Supreme Court of
Canada and file several more lawsuits against the RCMP and the CRA etc
and also run for a seat in Parliament again.
Methinks truth is stranger than fiction and anyone can easily Google
"David Amos Federal Court file No." in order to sort out the truth
from fiction for themselves. Its blatantly obvious that Mr Trudeau
should have paid particular attention to statement 83 of my lawsuit
long before he was elected in October of 2015 N'esy Pas?
David Amos
@David Amos Need I say it irritated me bigtime when Jody appointed her
Deputy Minister to the bench of Federal Court not long after I argued
his minions in the Federal Court of Appeal?
Richard Donald
On the loss of jobs in Quebec - Bridges still will get built . The
government will fund projects. The workers would get paid from Stantec
(Head office Edmonton) or some other company that does not do so much
bribery as part of their operation
Joc McTavish
Just
Not
Ready.
Jenna Collins
If Wilson-Raybould refused to succumb to pressure from the PMO in this
instance I will have the utmost respect for her.
York--Simcoe (Ontario)
By-Election (Monday, February 25, 2019)
This list of confirmed candidates was issued on Wednesday, February 6, 2019.
Click here for a printer friendly version.
Candidates in your electoral district Candidate name Status Party
name Office phone number Name of official agent Name of auditor
Dorian Baxter Confirmed Progressive Canadian Party (289) 221-2687
Joseph Fred Hueglin Ian Edmonds
Scot Davidson Confirmed Conservative Party of Canada (905)
535-1115 William Greenberg Ben Seto
Robert Geurts Confirmed People's Party of Canada Cody Murrell
Adam Delle Cese
Keith Dean Komar Confirmed Libertarian Party of Canada (249)
288-1188 Coreen Corcoran Stephane Blais
Mathew Lund Confirmed Green Party of Canada (705) 345-6288 Rhonda
Joslin Stacey Campbell
Jessa McLean Confirmed New Democratic Party 1 888 881-4637 Robert
Szollosy Gail Bergman
Adam Suhr Confirmed National Citizens Alliance Kristin Lynn Suhr
Micheal Doyle
Shaun Tanaka Confirmed Liberal Party of Canada (905) 895-0859
Vaughan Moult Harry Mortimer
John The Engineer Turmel Confirmed Independent (519) 753-5122
Delahnnovahh Livingstone Stacey Campbell
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Mon, 14 Jan 2019 20:44:51 +0000
Subject: Automatic reply: Jagmeet Singh says that maybe Jay Shin
should go back to law school??? Too Too Funny Indeed EH Karen Wang and
Laura-Lynn Tyler Thompson?
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.
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.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 14 Jan 2019 16:44:43 -0400
Subject: Fwd: Jagmeet Singh says that maybe Jay Shin should go back to
law school??? Too Too Funny Indeed EH Karen Wang and Laura-Lynn Tyler
Thompson?
To: premier <premier@gnb.ca>, attorneygeneral
<attorneygeneral@ontario.ca>, Newsroom <Newsroom@globeandmail.com>,
"Sophia.Harris"<Sophia.Harris@cbc.ca>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>, "andrew.scheer"
<andrew.scheer@parl.gc.ca>, "elizabeth.may"
<elizabeth.may@parl.gc.ca>, "Kathleen.Harris"
<Kathleen.Harris@cbc.ca>, "scott.bardsley"<scott.bardsley@canada.ca>,
"scott.brison"<scott.brison@parl.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "Katy.Bourne"
<Katy.Bourne@sussex-pcc.gov.uk
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 14 Jan 2019 15:44:16 -0400
Subject: Jagmeet Singh says that maybe Jay Shin should go back to law
school??? Too Too Funny Indeed EH Karen Wang and Laura-Lynn Tyler
Thompson?
To: info@jayshin.ca, jay@lonsdalelaw.ca, karenwang@liberal.ca,
lauralynnlive@gmail.com
Cc: David Amos <david.raymond.amos@gmail.com>
jmaclellan@burnabynow.com, kgawley@burnabynow.com
Jagmeet Singh on Tory opponent: 'Maybe he should go back to law school'
Conservative candidate Jay Shin said Singh was 'keeping criminals out
of jail' during his days as a criminal defence lawyer
Kelvin Gawley Burnaby Now January 13, 2019 10:27 AM
Julie MacLellan
Assistant editor, and newsroom tip line
jmaclellan@burnabynow.com
Phone: 604 444 3020
Kelvin Gawley
kgawley@burnabynow.com
Phone: 604 444 3024
Jay Shin
Direct: 604-980-5089
Email: jay@lonsdalelaw.ca
By phone: 604-628-0508
By e-mail: info@jayshin.ca
Karen Wang
604.531.1178
karenwang@liberal.ca
Now if Mr Shin scrolls down he will know some of what the fancy NDP
lawyer has known for quite sometime
---------- Forwarded message ----------
From: "Singh - QP, Jagmeet"<JSingh-QP@ndp.on.ca>
Date: Fri, 19 May 2017 16:39:35 +0000
Subject: Automatic reply: Re Federal Court File # T-1557-15 and the
upcoming hearing on May 24th I called a lot of your people before High
Noon today Correct Ralph Goodale and Deputy Minister Malcolm Brown?
To: David Amos <motomaniac333@gmail.com>
For immediate assistance please contact our Brampton office at
905-799-3939 or jsingh-co@ndp.on.ca
---------- Forwarded message ----------
From: Kennedy.Stewart@parl.gc.ca
Date: Fri, 19 Oct 2018 18:18:35 +0000
Subject: Automatic reply: Attn Minister Ralph Goodale and Pierre
Paul-Hus Trust that I look forward to arguing the fact that fhe Crown
filed my Sept 4th email to you and your buddies
To: motomaniac333@gmail.com
Many thanks for your message. Your concerns are important to me. If
your matter is urgent, an invitation or an immigration matter please
forward it to burnabysouth.A1@parl.gc.ca or
burnabysouth.C1@parl.gc.ca. This email is no longer being monitored.
The House of Commons of Canada provides for the continuation of
services to the constituents of a Member of Parliament whose seat has
become vacant. The party Whip supervises the staff retained under
these circumstances.
Following the resignation of the Member for the constituency of
Burnaby South, Mr. Kennedy Stewart, the constituency office will
continue to provide services to constituents.
You can reach the Burnaby South constituency office by telephone at
(604) 291-8863 or by mail at the following address: 4940 Kingsway,
Burnaby BC.
Office Hours:
Tuesday - Thursday: 10am - 12pm & 1pm - 4pm
Friday 10am - 12pm
---------- Forwarded message ----------
From: Michael Cohen <mcohen@trumporg.com>
Date: Thu, 11 Jan 2018 05:54:40 +0000
Subject: Automatic reply: ATTN Blair Armitage You acted as the Usher
of the Black Rod twice while Kevin Vickers was the Sergeant-at-Arms
Hence you and the RCMP must know why I sued the Queen Correct?
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: 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
---------- Forwarded message ----------
From: "Eidt, David (OAG/CPG)"<David.Eidt@gnb.ca>
Date: Wed, 1 Mar 2017 00:33:21 +0000
Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
would not file this motion and properly witnessed affidavit and why
did she take all four copies?
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until Monday, March 13, 2017. I will have
little to no access to email. Please dial 453-2222 for assistance.
---------- Forwarded message ----------
From: Marc Richard <MRichard@lawsociety-barreau.
Date: Fri, 12 Aug 2016 13:16:46 +0000
Subject: Automatic reply: RE: The New Brunswick Real Estate
Association and their deliberate ignorance for the bankster's benefit
To: David Amos <motomaniac333@gmail.com>
I will be out of the office until August 15, 2016. Je serai absent du
bureau jusqu'au 15 août 2016.
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/
>
> January 11th, 2016 https://archive.org/details/
>
> April 3rd, 2017
>
> https://archive.org/details/
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)"MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath"warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.
> Oda.B@parl.gc.ca,"Bev BUSSON"bev.busson@rcmp-grc.gc.ca,
> "Paul Dube"PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant.
> ilian.html
>
>> http://www.cbc.ca/news/world/
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://archive.org/details/
>> 6
>>
>> http://davidamos.blogspot.ca/
>>
>> http://www.archive.org/
>>
>> http://archive.org/details/
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>
http://davidraymondamos3.
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc.
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
[2] On November 12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its entirety, without leave to
amend, on the basis that it was plain and obvious that the Claim
disclosed no reasonable claim, the Claim was fundamentally vexatious,
and the Claim could not be salvaged by way of further amendment (the
Prothontary’s Order).
[3] On January 25, 2016 (2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
Court (the Judge), reviewing the matter de novo, struck all of Mr.
Amos’ claims for relief with the exception of the claim for damages
for being barred by the RCMP from the New Brunswick legislature in
2004 (the Federal Court Judgment).
[4] Mr. Amos appealed and the Crown cross-appealed the
Federal Court Judgment. Further to the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
As such, the only matter before this Court is the Crown’s
cross-appeal.
II. Preliminary Matter
[5] Mr. Amos, in his memorandum of fact and law in
relation to the cross-appeal that was filed with this Court on March
6, 2017, indicated that several judges of this Court, including two of
the judges of this panel, had a conflict of interest in this appeal.
This was the first time that he identified the judges whom he believed
had a conflict of interest in a document that was filed with this
Court. In his notice of appeal he had alluded to a conflict with
several judges but did not name those judges.
[6] Mr. Amos was of the view that he did not have to
identify the judges in any document filed with this Court because he
had identified the judges in various documents that had been filed
with the Federal Court. In his view the Federal Court and the Federal
Court of Appeal are the same court and therefore any document filed in
the Federal Court would be filed in this Court. This view is based on
subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4) Every judge of the Federal Court is, by virtue of his or her
office, a judge of the Federal Court of Appeal and has all the
jurisdiction, power and authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
that office, a judge of the Federal Court and has all the
jurisdiction, power and authority of a judge of the Federal Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
juges de la Cour fédérale.
[7] However, these subsections only provide that the
judges of the Federal Court are also judges of this Court (and vice
versa). It does not mean that there is only one court. If the Federal
Court and this Court were one Court, there would be no need for this
section.
[8] Sections 3 and 4 of the Federal Courts Act provide that:
3 The division of the Federal Court of Canada called the Federal Court
— Appeal Division is continued under the name “Federal Court of
Appeal” in English and “Cour d’appel fédérale” in French. It is
continued as an additional court of law, equity and admiralty in and
for Canada, for the better administration of the laws of Canada and as
a superior court of record having civil and criminal jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
français et « Federal Court of Appeal » en anglais. Elle est maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté du
Canada, propre à améliorer l’application du droit canadien, et
continue d’être une cour supérieure d’archives ayant compétence en
matière civile et pénale.
4 The division of the Federal Court of Canada called the Federal Court
— Trial Division is continued under the name “Federal Court” in
English and “Cour fédérale” in French. It is continued as an
additional court of law, equity and admiralty in and for Canada, for
the better administration of the laws of Canada and as a superior
court of record having civil and criminal jurisdiction.
4 La section de la Cour fédérale du Canada, appelée la Section de
première instance de la Cour fédérale, est maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en anglais. Elle est
maintenue à titre de tribunal additionnel de droit, d’equity et
d’amirauté du Canada, propre à améliorer l’application du droit
canadien, et continue d’être une cour supérieure d’archives ayant
compétence en matière civile et pénale.
[9] Sections 3 and 4 of the Federal Courts Act create
two separate courts – this Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos suggests, documents filed in the Federal
Court were automatically also filed in this Court, then there would no
need for the parties to prepare and file appeal books as required by
Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
to any appeal from a decision of the Federal Court. The requirement to
file an appeal book with this Court in relation to an appeal from a
decision of the Federal Court makes it clear that the only documents
that will be before this Court are the documents that are part of that
appeal book.
[10] Therefore, the memorandum of fact and law filed on
March 6, 2017 is the first document, filed with this Court, in which
Mr. Amos identified the particular judges that he submits have a
conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court seeking an order “affirming or denying the
conflict of interest he has” with a number of judges of the Federal
Court. A judge of the Federal Court issued a direction noting that if
Mr. Amos was seeking this order in relation to judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of this
cross-appeal. The Federal Court motion is not a motion before this
Court and, as such, the submissions filed before the Federal Court
will not be entertained. As well, since this was a motion brought
before the Federal Court (and not this Court), any documents filed in
relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that
the third member of this panel also had a conflict of interest and
submitted some documents that, in his view, supported his claim of a
conflict. Mr. Amos, following the hearing of his appeal, was also
afforded the opportunity to provide a brief summary of the conflict
that he was alleging and to file additional documents that, in his
view, supported his allegations. Mr. Amos submitted several pages of
documents in relation to the alleged conflicts. He organized the
documents by submitting a copy of the biography of the particular
judge and then, immediately following that biography, by including
copies of the documents that, in his view, supported his claim that
such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is
that before he was appointed as a Judge of the Tax Court of Canada in
2006, he was a partner with the law firm Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
had a number of disputes with Patterson Palmer and Patterson Law and
therefore Justice Webb has a conflict simply because he was a partner
of these firms. Mr. Amos is not alleging that Justice Webb was
personally involved in or had any knowledge of any matter in which Mr.
Amos was involved with Justice Webb’s former law firm – only that he
was a member of such firm.
[14] During his oral submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
focused on dealings between himself and a particular lawyer at
Patterson Law. However, none of the documents submitted by Mr. Amos at
the hearing or subsequently related to any dealings with this
particular lawyer nor is it clear when Mr. Amos was dealing with this
lawyer. In particular, it is far from clear whether such dealings were
after the time that Justice Webb was appointed as a Judge of the Tax
Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the
alleged conflict for Justice Webb largely relate to dealings between
Byron Prior and the St. John’s Newfoundland and Labrador office of
Patterson Palmer, which is not in the same province where Justice Webb
practiced law. The only document that indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
who was a partner in the St. John’s NL office of Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
letter that is addressed to four individuals, one of whom is John
Crosbie who was counsel to the St. John’s NL office of Patterson
Palmer. The letter is dated September 2, 2004 and is addressed to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb
was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted that disqualification of a
judge is to be determined based on whether there is a reasonable
apprehension of bias:
60 In Canadian law, one standard has now emerged as the
criterion for disqualification. The criterion, as expressed by de
Grandpré J. in Committee for Justice and Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by
reasonable and right minded persons, applying themselves to the
question and obtaining thereon the required information. In the words
of the Court of Appeal, that test is "what would an informed person,
viewing the matter realistically and practically -- and having thought
the matter through -- conclude. Would he think that it is more likely
than not that [the decision-maker], whether consciously or
unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed
person, viewing the matter realistically and practically, and having
thought the matter through, would conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of bias. As this Court has
previously remarked, “there is a strong presumption that judges will
administer justice impartially” and this presumption will not be
rebutted in the absence of “convincing evidence” of bias (Collins v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed the
particular issue of whether a judge is disqualified from hearing a
case simply because he had been a member of a law firm that was
involved in the litigation that was now before that judge. The Ontario
Court of Appeal determined that the judge was not disqualified if the
judge had no involvement with the person or the matter when he was a
lawyer. The Ontario Court of Appeal also explained that the rules for
determining whether a judge is disqualified are different from the
rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a
finding that a trial judge has had some involvement in a case over
which he or she is now presiding. Where the judge had no involvement,
as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been
asked to represent the appellant as counsel before his appointment to
the bench, the conflict rules would likely have prevented him from
taking the case because his firm had formerly represented one of the
defendants in the case. Thus, it is argued how is it that as a trial
judge Patterson J. can hear the case? This issue was considered by the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
there is no inflexible rule governing the disqualification of a judge
and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an
inconsistency in application of rules can be explained by the
different contexts and in particular, the strong presumption of
judicial impartiality that applies in the context of disqualification
of a judge. There is no such presumption in cases of allegations of
conflict of interest against a lawyer because of a firm's previous
involvement in the case. To the contrary, as explained by Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
for sound policy reasons there is a presumption of a disqualifying
interest that can rarely be overcome. In particular, a conclusory
statement from the lawyer that he or she had no confidential
information about the case will never be sufficient. The case is the
opposite where the allegation of bias is made against a trial judge.
His or her statement that he or she knew nothing about the case and
had no involvement in it will ordinarily be accepted at face value
unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances
of this case and whether there are serious grounds to find a
disqualifying conflict of interest in this case. In my view, there are
two significant factors that justify the trial judge's decision not to
recuse himself. The first is his statement, which all parties accept,
that he knew nothing of the case when it was in his former firm and
that he had nothing to do with it. The second is the long passage of
time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform
the perspective of the reasonable person assessing the impact of this
involvement on Binnie J.'s impartiality in the appeals. That factor is
the passage of time. Most arguments for disqualification rest on
circumstances that are either contemporaneous to the decision-making,
or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson
Walker firm no longer acted for any of the parties by the time of
trial. More importantly, at the time of the motion, Patterson J. had
been a judge for six years and thus had not had a relationship with
his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter
realistically would conclude that the trial judge could deal fairly
and impartially with this case. I take this view principally because
of the long passage of time and the trial judge's lack of involvement
in or knowledge of the case when the Wilson Walker firm had carriage.
In these circumstances it cannot be reasonably contended that the
trial judge could not remain impartial in the case. The mere fact that
his name appears on the letterhead of some correspondence from over a
decade ago would not lead a reasonable person to believe that he would
either consciously or unconsciously favour his former firm's former
client. It is simply not realistic to think that a judge would throw
off his mantle of impartiality, ignore his oath of office and favour a
client - about whom he knew nothing - of a firm that he left six years
earlier and that no longer acts for the client, in a case involving
events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter
involving Mr. Amos while he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
clear during the hearing of this matter that the only reason for the
alleged conflict for Justice Webb was that he was a member of
Patterson Law and Patterson Palmer. This is simply not enough for
Justice Webb to be disqualified. Any involvement of Mr. Amos with
Patterson Law while Justice Webb was a member of that firm would have
had to occur over 10 years ago and even longer for the time when he
was a member of Patterson Palmer. In addition to the lack of any
involvement on his part with any matter or dispute that Mr. Amos had
with Patterson Law or Patterson Palmer (which in and of itself is
sufficient to dispose of this matter), the length of time since
Justice Webb was a member of Patterson Law or Patterson Palmer would
also result in the same finding – that there is no conflict in Justice
Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
(2d) 260, the Manitoba Court of Appeal found that there was no
reasonable apprehension of bias when a judge, who had been a member of
the law firm that had been retained by the accused, had no involvement
with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4
F.C. 321, 257 N.R. 96, this court did find that there would be a
reasonable apprehension of bias where a judge, who while he was a
lawyer, had recorded time on a matter involving the same person who
was before that judge. However, this case can be distinguished as
Justice Webb did not have any time recorded on any files involving Mr.
Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He
stated in his affidavit dated June 26, 2017 that there is a “true copy
of an American police surveillance wiretap entitled 139” on this CD.
He has also indicated that he has “provided a true copy of the CD
entitled 139 to many American and Canadian law enforcement authorities
and not one of the police forces or officers of the court are willing
to investigate it”. Since he has indicated that this is an “American
police surveillance wiretap”, this is a matter for the American law
enforcement authorities and cannot create, as Mr. Amos suggests, a
conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable
apprehension of bias for Justice Webb and therefore, no reason for him
to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional
experience with the government created a “quasi-conflict” in deciding
the cross-appeal. Mr. Amos provided no details and Justice Near
confirmed that he had no prior knowledge of the matters alleged in the
Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr.
Amos’ allegations against Justice Gleason, it appears that he alleges
that she is incapable of hearing this appeal because he says he wrote
a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney were partners in the law firm
Ogilvy Renault, LLP. The letter in question, which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
you and your little dogs too”. There is no indication that the letter
was ever responded to or that a law suit was ever commenced by Mr.
Amos against Mr. Mulroney. In the circumstances, there is no reason
for Justice Gleason to recuse herself as the letter in question does
not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the
Judge err in setting aside the Prothonotary’s Order striking the Claim
in its entirety without leave to amend and in determining that Mr.
Amos’ allegation that the RCMP barred him from the New Brunswick
legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the
Prothonotary’s Order, this Court revisited the standard of review to
be applied to discretionary decisions of prothonotaries and decisions
made by judges on appeals of prothonotaries’ decisions in Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
this Court replaced the Aqua-Gem standard of review with that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
[Housen]. As a result, it is no longer appropriate for the Federal
Court to conduct a de novo review of a discretionary order made by a
prothonotary in regard to questions vital to the final issue of the
case. Rather, a Federal Court judge can only intervene on appeal if
the prothonotary made an error of law or a palpable and overriding
error in determining a question of fact or question of mixed fact and
law (Hospira at para. 79). Further, this Court can only interfere with
a Federal Court judge’s review of a prothonotary’s discretionary order
if the judge made an error of law or palpable and overriding error in
determining a question of fact or question of mixed fact and law
(Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own
assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
must look to the Prothonotary’s Order to determine whether the Judge
erred in law or made a palpable and overriding error in choosing to
interfere.
B. Did the Judge err in interfering with the
Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following
paragraphs from the Crown’s submissions as the basis for striking the
Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but four
of those paragraphs are dedicated to an incident that occurred in 2006
in and around the legislature in New Brunswick. The jurisdiction of
the Federal Court does not extend to Her Majesty the Queen in right of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or provincial actors as parties to this action. The incident alleged
does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant
provide no details as to the individuals involved or the location of
the alleged incidents or other details sufficient to allow the
Defendant to respond. As a result, it is difficult or impossible to
determine the causes of action the Plaintiff is attempting to advance.
A generous reading of the Statement of Claim allows the Defendant to
only speculate as to the true and/or intended cause of action. At
best, the Plaintiff’s action may possibly be summarized as: he
suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim
on the same jurisdictional basis as the Prothonotary. The Judge noted
that the Federal Court has jurisdiction over claims based on the
liability of Federal Crown servants like the RCMP and that the actors
who barred Mr. Amos from the New Brunswick legislature in 2004
included the RCMP (Federal Court Judgment at para. 23). In considering
the viability of these allegations de novo, the Judge identified
paragraph 14 of the Claim as containing “some precision” as it
identifies the date of the event and a RCMP officer acting as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
para. 27).
[31] The Judge noted that the 2004 event could support a
cause of action in the tort of misfeasance in public office and
identified the elements of the tort as excerpted from Meigs v. Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’ statement of claim pleads each
element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful
conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her
conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public
officer and knowledge of harm alone is insufficient to conclude that a
public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient
material facts to meet the elements of the tort of misfeasance in
public office because the actors, who barred him from the New
Brunswick legislature in 2004, including the RCMP, did so for
“political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings
in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to
assert, baldly, conclusory phrases such as “deliberately or
negligently,” “callous disregard,” or “by fraud and theft did steal”.
“The bare assertion of a conclusion upon which the court is called
upon to pronounce is not an allegation of material fact”. Making bald,
conclusory allegations without any evidentiary foundation is an abuse
of process…
To this, I would add that the tort of misfeasance in public office
requires a particular state of mind of a public officer in carrying
out the impunged action, i.e., deliberate conduct which the public
officer knows to be inconsistent with the obligations of his or her
office. For this tort, particularization of the allegations is
mandatory. Rule 181 specifically requires particularization of
allegations of “breach of trust,” “wilful default,” “state of mind of
a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the
Prothonotary’s Order, we are of the view that the Judge interfered
absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable claim and was fundamentally vexatious on the
basis of jurisdictional concerns and the absence of material facts to
ground a cause of action. Paragraph 14 of the Claim, which addresses
the 2004 event, pleads no material facts as to how the RCMP officer
engaged in deliberate and unlawful conduct, knew that his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred from
the New Brunswick legislature for political and/or malicious reasons,
these allegations are not particularized and are directed against
non-federal actors, such as the Sergeant-at-Arms of the Legislative
Assembly of New Brunswick and the Fredericton Police Force. As such,
the Judge erred in determining that Mr. Amos’ allegation that the RCMP
barred him from the New Brunswick legislature in 2004 was capable of
supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare
allegations, devoid of any detail, such that it discloses no
reasonable cause of action within the jurisdiction of the Federal
Courts. Therefore, the Judge erred in interfering to set aside the
Prothonotary’s Order striking the claim in its entirety. Further, we
find that the Prothonotary made no error in denying leave to amend.
The deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s
cross-appeal, with costs, setting aside the Federal Court Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order, dated
November 12, 2015, which struck Mr. Amos’ Claim in its entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET:
A-48-16
STYLE OF CAUSE:
DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Fredericton,
New Brunswick
DATE OF HEARING:
May 24, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
DATED:
October 30, 2017
APPEARANCES:
David Raymond Amos
For The Appellant / respondent on cross-appeal
(on his own behalf)
Jan Jensen
For The Respondent / appELLANT ON CROSS-APPEAL
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent / APPELLANT ON CROSS-APPEAL