David Raymond Amos@DavidRayAmosReplying to @alllibertynews and 49 others Methinks Dizzy Lizzy May and her many cohorts must have read my email and my comments within CBC by now N'esy Pas?
---------- Original message ---------- From: Jane.Philpott@parl.gc.ca Date: Fri, 9 Aug 2019 17:02:22 +0000 Subject: Automatic reply: Here is the email I promised to send the Canadian Construction Association after I tried to discuss Karl Bélanger's political nonsense with them To: david.raymond.amos333@gmail.com
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---------- Original message ---------- From: Newsroom <newsroom@globeandmail.com> Date: Fri, 9 Aug 2019 17:02:22 +0000 Subject: Automatic reply: Here is the email I promised to send the Canadian Construction Association after I tried to discuss Karl Bélanger's political nonsense with them To: David Amos <david.raymond.amos333@gmail.com>
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---------- Original message ---------- From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca> Date: Fri, 9 Aug 2019 17:02:22 +0000 Subject: Automatic reply: Here is the email I promised to send the Canadian Construction Association after I tried to discuss Karl Bélanger's political nonsense with them To: David Amos <david.raymond.amos333@gmail.com>
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---------- Original message ---------- From: "OfficeofthePremier, Office PREM:EX"<Premier@gov.bc.ca> Date: Fri, 9 Aug 2019 17:02:28 +0000 Subject: Automatic reply: Here is the email I promised to send the Canadian Construction Association after I tried to discuss Karl Bélanger's political nonsense with them To: David Amos <david.raymond.amos333@gmail.com>
Hello,
Thank you for taking the time to write. I appreciate hearing feedback and suggestions from the people of British Columbia as we work together to build a better BC.
Due to the volume of incoming messages, this is an automated response to let you know that your email has been received and will be reviewed at the earliest opportunity.
In the event that your inquiry more appropriately falls within the mandate of a Ministry or other area of government, staff will refer your email for review and consideration.
Thank you for contacting me. This response is to assure you that your message has been received. I welcome and appreciate receiving comments and questions from constituents.
I receive a much larger volume of correspondence (postal and email) than the average MP. All emails are reviewed on a regular basis, however due to the high volume of emails my office receives, I may not be able to respond personally to each one.
My constituents in Saanich-Gulf Islands are my highest priority. If you are a constituent, please email elizabeth.may.c1a@parl.gc.ca<mailto:elizabeth.may.c1a@parl.gc.ca>. To help me serve you better, please ensure that your email includes your full name and street address with your postal code.
Je vous remercie d'avoir communiqué avec moi. La présente réponse vous confirme que votre message a été reçu. Les questions et les commentaires des électeurs sont toujours les bienvenus.
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Mes électeurs de Saanich-Gulf Islands passent en premier. Si vous êtes un électeur, veuillez écrire à elizabeth.may.c1a@parl.gc.ca<mailto:elizabeth.may.c1a@parl.gc.ca>. Pour m'aider à mieux vous servir, veillez à ce que votre courriel comporte votre nom complet, votre adresse municipale et votre code postal.
Why other parties are paying attention to Elizabeth May
Some polls suggest that the federal race for bronze is tightening Jonathon Gatehouse · CBC News · Posted: Aug 09, 2019 4:00 AM ET
"Karl Bélanger, a former principal secretary to Mulcair and the national director of the NDP, says he's not sure that the Greens pose a real threat, as seat projections show them making a modest gain from their current pair of MPs. But there is a danger in the growing "narrative" in the media that has the two leftist parties competing for third place, he said.
"I'd advise the NDP to keep Jagmeet Singh going after Justin Trudeau, and let other people take on Elizabeth May," said Bélanger. "Because the truth is that the Greens are getting votes from all political parties, not just the NDP."
Thomas Mulcair Professeur invité Faculté des arts et des sciences - Département de science politique Pavillon Lionel-Groulx office C-3130 thomas.mulcair@umontreal.ca 514 343-6111 #54794
The Douglas-Coldwell Foundation Jack Layton Building 300-279 Laurier Ave W. Ottawa, ON K1P 5J9 Canada Phone: (613) 232-1918 Fax: (613) 230-9950 Email: info@dcf.ca
Broadbent Institute and Douglas-Coldwell Foundation launch reflection on status of social democracy in Canada on March 13, 2017 Posted by Broadbent Institute
OTTAWA — The Broadbent Institute and the Douglas-Coldwell Foundation are partnering to convene a national discussion on social democracy in Canada, on the occasion of our nation’s 150th birthday in 2017.
As the country looks to this milestone, Canadians will be reminded of the role played by the thought and practice of social democracy in fashioning much of what generations have held most dear about Canada, whether it is public health care, protection of workers’ rights, or a generous system of social provision.
“Social democracy transformed daily life in Canada and most other advanced economies in the 20th century, as governments delivered virtually full employment, rising wages and access to social programs and public services. The result was much greater equality of both condition and opportunity, enhanced security for all, and broadly shared economic progress in a still market based economy,” said Ed Broadbent, Chair of the Broadbent Institute.
“As we celebrate Canada’s 150th anniversary, it is vitally important to reflect on this historical experience, and to re-examine the intellectual sources of social democratic achievement. An important first step is to take a closer look at Canada’s rich progressive traditions and their significant accomplishments for Canadians,” stated Karl Bélanger, President of the Douglas-Coldwell Foundation.
The initiative is being launched with the publication of a discussion paper, Reflections on the Social Democratic Tradition by the Broadbent Institute’s Senior Policy Advisor, Andrew Jackson. The paper, available here, provides a political history, overview and critical evaluation of the social democratic project in Western politics - and in Canada in particular - in this moment of upheaval, inequality and decline in democracies around the globe.
Since the 1980s, the market-restricting structures of social democracy have been under attack. As David Frum has pointed out, in launching this attack Margaret Thatcher and Ronald Reagan deliberately set out to destroy social democracy.
“The result,” said Mr. Broadbent, “has been an increase in environmental degradation, the financial crisis of 2008 and especially the alarming increase in inequality - culminating in the rise of right-wing populism.”
Reflections on the Social Democratic Tradition will set the stage for the Broadbent Institute’s project Change the Game – an in-depth reflection on not only what history teaches us, but on what might constitute genuinely progressive policy advocacy in the months and years ahead.
-30-
For more information please contact: Willy Blomme, Program Director at the Broadbent Institute wblomme@broadbentinstitute.ca (514) 699-4636
Karl Bélanger, President of the Douglas-Coldwell Foundation karl.belanger@dcf.ca (613) 232-1918
Founding President of Traxxion Strategies, Karl Bélanger possesses 20 years of experience on Parliament Hill and in the spheres of the nation’s capital. During his political career, Karl served four successive NDP leaders, particularly as senior press secretary for Jack Layton and principal secretary for Thomas Mulcair.
After his tenure in office as leader of the NDP in 2016, Karl retired from active politics to become a consultant and political analyst. In addition to a daily column on Drainville PM on Cogeco’s 98.5 FM station in Montreal, he appears regularly on CTV’s Power Play and RDI’s Mordus de politique. He also publishes a column on Loonie Politics and contributes to L’Actualité.
Karl is also president of the Douglas-Coldwell Foundation, a charitable organization which has as mandate the promotion of education and research on social democracy in Canada.
Let’s discuss what the leadup to the next federal election is likely to bring us. Will the Liberal government be re-elected? What will the main issues be? Will the political parties be able to fulfill their promises?
If you have questions on the Canadian Construction Association’s (CCA) annual conference, don’t hesitate to contact our events team.
1900-275 Slater Street Ottawa ON K1P 5H9 Tel: 613-236-9455 Fax: 613-236-9526 infoconference@cca-acc.com for general inquiries inforegistration@cca-acc.com for registration-related inquiries Contact CCA staff responsible for the annual conference
---------- Original message ---------- From: Iqra.Khalid@parl.gc.ca Date: Tue, 12 Mar 2019 19:35:58 +0000 Subject: Automatic reply: RE Federal Court File No T-1557-15, SNC-Lavalin, Trudeau and the OECD etc pursuant to my calls today here is the email I promised to send To: motomaniac333@gmail.com
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Contact the Committee Standing Committee on Justice and Human Rights Sixth Floor, 131 Queen Street House of Commons Ottawa ON K1A 0A6 Canada E-mail: JUST@parl.gc.ca Fax: 613-947-3089 Website: ourcommons.ca/JUST-e Committee Staff Marc-Olivier Girard, Clerk of the Committee 613-996-1553 Vanessa Robillard, Committee Assistant Chloé Forget, Analyst Library of Parliament Lyne Casavant, Analyst Library of Parliament
---------- Forwarded message ---------- From: David Amos <motomaniac333@gmail.com> Date: Mon, 11 Mar 2019 21:29:38 -0400 Subject: 3433 RE SNC-Lavalin Trudeau and the OECD Attn Don Houle, Denis Jasmin, William McNamara and Stephen LeDrew pursuant to my calls you will find this email at the bottom of my blog about you dudes To: David Amos <david.raymond.amos333@gmail.com>
---------- Original message ---------- From: Jody.Wilson-Raybould@parl.gc.ca Date: Tue, 12 Mar 2019 01:24:19 +0000 Subject: Automatic reply: RE SNC-Lavalin Trudeau and the OECD Attn Don Houle, Denis Jasmin, William McNamara and Stephen LeDrew pursuant to my calls you will find this email at the bottom of my blog about you dudes To: motomaniac333@gmail.com
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Merci d'?crire ? l'honorable Jody Wilson-Raybould, d?put?e de Vancouver Granville.
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---------- Original message ---------- From: Newsroom <newsroom@globeandmail.com> Date: Tue, 12 Mar 2019 01:24:20 +0000 Subject: Automatic reply: RE SNC-Lavalin Trudeau and the OECD Attn Don Houle, Denis Jasmin, William McNamara and Stephen LeDrew pursuant to my calls you will find this email at the bottom of my blog about you dudes To: David Amos <motomaniac333@gmail.com>
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SNC-Lavalin lawyer Iacobucci urged to resign as Trudeau's Trans Mountain envoy By Alastair Sharp in News, Energy, Politics | March 5th 2019
'Not a shrinking violet'
The UBCIC's Wilson said Iacobucci would ideally step down from his role leading the Trans Mountain expansion consultations, but should at least choose to remove himself from one of the files.
“I think he’s embroiled in SNC and that he should stay over there but step down from the Trans Mountain pipeline one,” she said. “I would prefer him to step down from that one (the Trans Mountain pipeline) but maybe the majority of Canadians would prefer him out of SNC, I don’t know.”
“He made a mess over there, we don’t want him to make a mess over here.”
Wilson said the government's handling of both files showed a startling lack of transparency.
“With SNC, we don’t know what was said to Minister Jody Wilson-Raybould or in the thousands of lobby meetings between SNC and the government," she said. "We also don’t know how Trans Mountain was handled in the inner core of the prime minister’s office and the various ministries involved, especially now that they are owners of the pipeline.”
She pointed out the SNC-Lavalin could clearly benefit from construction and engineering contracts if Trans Mountain gets built.
SNC-Lavalin employs about 9,000 people across Canada who work on projects in a variety of sectors, including oil, gas and pipelines.
A spokesman for SNC-Lavalin declined to comment when asked about Iacobucci's dual roles. Iacobucci didn't respond to a request for comment.
In May 2018, Canada’s elections watchdog laid charges against a former SNC executive, accusing him of orchestrating illegal federal political donations the company made, mostly to Liberal groups, as well as to Conservatives, more than a decade ago.
During an emergency debate about the SNC-Lavalin scandal on Feb. 28, Green Party Leader Elizabeth May stood in the House of Commons to muse about Iacobucci's role in two key files it is juggling.
"Frank Iacobucci is not a shrinking violet. He is playing an interesting role here. I wonder if my friend finds it's curious in any way that SNC-Lavalin's lawyer was the choice of the prime minister to run the Indigenous consulations in the repairing of the flawed consultations on the Kinder Morgan pipeline," she said, during an exchange in the Commons with Conservative MP Michael Barrett, who represents the Ontario riding of Leeds-Grenville-Thousand Islands. "And he is still playing that role, while he is also SNC-Lavalin's lawyer."
Barrett responded by saying that nothing surprises him at this point.
Hartland Paterson Executive Vice President & General Counsel: Called to the bar: 1987 (QC)
Charles Nieto Senior Legal Counsel: Called to the bar: 1995 (QC) SNC-Lavalin Inc. 455 boul. René-Lévesque o. Montréal, Québec H2Z 1Z3 Phone: 514-393-8000 Ext: 522668 Fax: 514-866-5057 Email: charles.nieto@snclavalin.com
Wilson-Raybould says PMO restricting her ability to 'speak freely' at Justice committee Wednesday
Former attorney general has been granted broad waiver on cabinet confidence, solicitor-client privilege Kathleen Harris · CBC News · Posted: Feb 26, 2019 10:59 AM ET
---------- Forwarded message ---------- From: Murray.Rankin@parl.gc.ca Date: Tue, 26 Feb 2019 18:00:50 +0000 Subject: Automatic reply: ATTN Murray Rankin and David Lametti Re Federal Court File No T-1557-15 I just called again Correct? To: motomaniac333@gmail.com
For British Columbia media inquiries please email Krystal at Murray.Rankin.C1@parl.gc.ca For National media inquiries please email Charlotte at Murray.Rankin.A2@parl.gc.ca --- Thank you for taking the time to contact me and to express your views. I acknowledge receipt of your email. While my team and I read all correspondence, the volume of emails we receive means that I am not able to respond immediately to every message. Every effort will be made to reply to you as soon as possible. In most cases, anonymous, cc'd or forwarded mail will not receive a response. If you are a constituent of Victoria seeking assistance with a federal service or program, then please ensure your email included your full name, address, postal code, telephone number, and the details of your situation so that my office is able help you efficiently. If the matter is time-sensitive, then please call my office directly at 250-363-3600. If we are unable to answer your call immediately, please leave a voicemail and we will return your call at our earliest opportunity. Please be assured that all email sent to this office is treated as confidential.
My team and I look forward to continuing our hard work for the residents of Victoria. Sincerely,
Murray Rankin, Member of Parliament Victoria NDP Justice Critic and Deputy House Leader New Democratic Party ________________________________________________________ Victoria: 250-363-3600 | Ottawa: 613-996-2358 | www.murrayrankin.ca
UFCW 232
On 2/26/19, David Amos <motomaniac333@gmail.com> wrote: > http://murrayrankin.ndp.ca/ndp-calls-for-investigation-into-former-attorney-general-s-firing > > > NDP calls for investigation into former Attorney General’s firing > > February 8th, 2019 - 4:06pm > > NDP Critic for Justice Murray Rankin made the following statement: > > “Canadians have a right to question whether this Prime Minister fired > Canada’s first Indigenous Justice Minister for ‘speaking truth to > power’. > > The government has denied the Prime Minister or his backroom advisors > fired Minister Jody Wilson-Raybould because she refused to yield to > pressure in the SNC-Lavalin matter. > > Canadians have to be assured the independence of the justice system > has not been compromised. In these circumstances, Canadians cannot be > expected to take the Prime Minister’s word for it. > > As Vice Chair of the Justice Committee, I have joined with MP Michael > Cooper in calling for the former Attorney General, the current Justice > Minister, and high-ranking officials in the Prime Minister’s Office to > appear before the Justice Committee as soon as possible. > > My NDP colleagues, Nathan Cullen and Charlie Angus, have also written > to the Ethics Commissioner to ensure an investigation by that office > is undertaken. > > The integrity of our justice system may well be at issue. The Liberal > government must allow the Justice Committee to do its work on behalf > of Canadians and clear the air at this critical time.” > > > > – 30 – > > > > For more information, please contact: > > NDP Media Centre: 613-222-2351 or media@ndp.ca > > > > ---------- Forwarded message ---------- > From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca> > Date: Tue, 26 Feb 2019 17:35:05 +0000 > Subject: Automatic reply: RE FATCA, the CRA and the IRS YO Donald J. > Trump Jr. why does your ex lawyer Mr Cohen and the Canadain FEDS > continue lie after all this time??? > To: David Amos <motomaniac333@gmail.com> > > Thank you for writing to the Honourable David Lametti, Minister of > Justice and Attorney General of Canada. > > Due to the significant increase in the volume of correspondence > addressed to the Minister, please note that there may be a delay in > processing your email. Rest assured that your message will be > carefully reviewed. > > We do not respond to correspondence that contains offensive language. > > ------------------- > > Merci d'avoir écrit à l'honorable David Lametti, ministre de la > Justice et procureur général du Canada. > > En raison d'une augmentation importante du volume de la correspondance > adressée au ministre, veuillez prendre note qu'il pourrait y avoir un > retard dans le traitement de votre courriel. Nous tenons à vous > assurer que votre message sera lu avec soin. > > Nous ne répondons pas à la correspondance contenant un langage offensant. >
---------- Original message ---------- From: "LSD / DSJ (JUS/JUS)"<BPIB-DGPAA@justice.gc.ca> Date: Wed, 16 Jan 2019 19:25:31 +0000 Subject: RE: YO Pierre Poilievre I just called and tried to reason with David Lametti's minions and got nowhere fast Surprise Surprise Surprise N'esy Pas Petev Baby Mackay? To: David Amos <motomaniac333@gmail.com>
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---------- Original message ---------- From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca> Date: Wed, 16 Jan 2019 17:58:23 +0000 Subject: Automatic reply: C'yall in Court To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Honourable David Lametti, Minister of Justice and Attorney General of Canada.
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En raison d'une augmentation importante du volume de la correspondance adressée à la ministre, veuillez prendre note qu'il pourrait y avoir un retard dans le traitement de votre courriel. Nous tenons à vous assurer que votre message sera lu avec soin.
---------- Original message ---------- From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca> Date: Tue, 15 Jan 2019 22:18:45 +0000 Subject: Automatic reply: Methinks David Lametti should go back to law school too N'esy Pas Pierre Poilievre? To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Honourable David Lametti, Minister of Justice and Attorney General of Canada.
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Merci d'avoir écrit à l'honorable David Lametti, ministre de la Justice et procureur général du Canada.
En raison d'une augmentation importante du volume de la correspondance adressée à la ministre, veuillez prendre note qu'il pourrait y avoir un retard dans le traitement de votre courriel. Nous tenons à vous assurer que votre message sera lu avec soin.
---------- Forwarded message ---------- From: Jody.Wilson-Raybould@parl.gc.ca Date: Tue, 15 Jan 2019 22:18:49 +0000 Subject: Automatic reply: Methinks David Lametti should go back to law school too N'esy Pas Pierre Poilievre? To: motomaniac333@gmail.com
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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
---------- Forwarded message ---------- From: michael.chong@parl.gc.ca Date: Tue, 15 Jan 2019 22:18:49 +0000 Subject: Automatic reply: Methinks David Lametti should go back to law school too N'esy Pas Pierre Poilievre? To: motomaniac333@gmail.com
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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
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.
---------- 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.
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/April32017JusticeLeblancHearing > > > 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 >
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
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
David Raymond Amos@DavidRayAmosReplying to @alllibertynews and 49 others Methinks Chucky Angus is likely gobsmacked by the suggestion that Karl Bélanger is still the national director of the NDP and no doubt a lot of folks would love to know why Warren Kinsella backed away from Madame May N'esy Pas?
Green party leader Elizabeth May makes her way from Parliament Hill in Ottawa on Tuesday, June 18, 2019. (Sean Kilpatrick/Canadian Press)
If they're attacking you in politics, it means that they're paying attention.
So perhaps Elizabeth May can find a measure of success in the way that the New Democrats have recently been savaging one of her off-the-cuff proposals.
During a town hall meeting in Ashcroft, B.C., last month, the Green Party leader floated the idea of having SNC-Lavalin do some sort of "community service" if the company is found guilty of fraud and corruption charges — helping fix the clean water problems facing many First Nations communities, for example, or tackling other persistent infrastructure problems.
The novel concept has drawn a withering response from Charlie Angus, the Timmins–James Bay MP who serves as the NDP critic for Indigenous and Northern Affairs.
SNC is barred from World Bank contracts. Facing ban from all federal projects.@ElizabethMay will cut a deal to give them FNation water. Promises scheme won't "break the bank for taxpayer." Using criminal restitution to cover FNation obligations might be cheap but its perverse.
Green suggestion for a sentence AFTER conviction, based on First Nations control. #SNCLAvelin would have to do the work at no profit and infrastructure would be FN-owned. Of course, sentencing up to the courts. NDP making misleading claims.
"I was gobsmacked by the suggestion," Angus said in an interview this week. "It's highly problematic on so many levels."
Angus said his attacks on May are about the quality of the idea. "If you're going to blue sky and talk off the top of your head, prepare to be challenged," he said. "I don't care what party it is."
But the online exchange underlines a new reality in national politics — that the Greens have been elevated from also-rans to viable opponents.
CBC's Poll Tracker, last updated in late July, shows the NDP sitting in third place nationally in terms of voting intentions, behind the Conservatives and Liberals, with an aggregate 14.2 per cent support and just 3.3 points ahead of the Greens.
However, some individual polls suggest that the race for bronze is tightenin A Mainstreet Research survey released earlier this week had the Greens and NDP tied at 11 per cent support. (It also showed the Liberals with a narrow 0.4 per cent advantage over the Tories — 34.5 per cent to 34.1 per cent.)
Considering the long-term trend
Either way, the longer term trend should be of concern to Jagmeet Singh and his fellow New Democrats: The CBC tracker shows that Green support has grown by 7.5 points nationally since the last election, while the NDP vote has dropped by 5.5 points.
In Quebec, where the NDP currently holds 15 seats, the two parties are basically tied in the polls, with 9.4 per cent support for the New Democrats versus 9.2 per cent for the Greens.
In British Columbia, which accounts for 13 of the NDP's 41 seats in Parliament, May's party has a slim lead: 19.1 per cent compared to 17.8 per cent for Singh.
Former NDP leader Tom Mulcair has been publicly warning the party not to take its position in the House — or in the national political consciousness — for granted.
"Progressives are looking for a home on environmental issues," the ex-MP turned university professor told CTV earlier this year. "I think that Canadians might just send enough of a contingent of Green Party MPs to Ottawa this time to hold whoever would form the government … hold their feet to the fire on these environmental issues."
The Green Party of Canada doubled its seat count in the House of Commons earlier this year after Paul Manly won a byelection in the B.C. riding of Nanaimo-Ladysmith in May. (Adrian Wyld/Canadian Press)
Karl Bélanger, a former principal secretary to Mulcair and the national director of the NDP, says he's not sure that the Greens pose a real threat, as seat projections show them making a modest gain from their current pair of MPs. But there is a danger in the growing "narrative" in the media that has the two leftist parties competing for third place, he said.
"I'd advise the NDP to keep Jagmeet Singh going after Justin Trudeau, and let other people take on Elizabeth May," said Bélanger. "Because the truth is that the Greens are getting votes from all political parties, not just the NDP."
'Even more negative'
Lori Turnbull, director of Dalhousie University's School of Public Administration, points out that it's still early to be writing off Singh, noting that heading into the 2015 election, polls suggested that Justin Trudeau's Liberals were going to finish second or third, behind Mulcair's NDP.
But there is a sense, she said, that a number of factors are aligning in favour of May this time around, including rising concern about climate change and strong showings by the Greens in provincial votes in Prince Edward Island and B.C.
"I think that voters are looking for something different," said Turnbull.
What people are likely to get during the fall campaign, however, will seem awfully familiar.
"This election is going to be even more negative than the norm," said Turnbull. "Every party is a little bit nervous in terms of holding onto their core support, let alone getting more votes.
"And the silent issue is whether people are going to come out at all."
The Green Party is clearly girding for a tougher campaign. They hired Warren Kinsella, a political consultant who forged his reputation as a Chrétien-era Liberal pitbull, to set up a war room. He has since stepped back, but one of his colleagues, Tom Henheffer, will be running what the party is delicately calling its "rapid response team."
John Chenery, communications director for the Greens, says things have changed since the party added its second MP, Paul Manly, in a May byelection.
"We noticed that the intensity and severity of the attacks started to ramp up," he said. "I think the other parties were surprised that we won — and how easily."
The response team will deal with the pointed criticism as the campaign goes forward, Chenery said, but using facts and figures rather than counterpunches.
"We're not going to fight back," he said. "That's not the way we do politics."
Has covered news and politics at home and abroad, reporting from dozens of countries. He has also written extensively about sports, including seven Olympic Games and a best-selling book on the business of pro-hockey.
Methinks a lot of folks would love to know why Warren Kinsella backed away from Madame May N'esy Pas?
David R. Amos Methinks Chucky Angus is likely gobsmacked by the suggestion that Karl Bélanger is still the national director of the NDP N'esy Pas?
Kath Ayres The NDP should forge a union with the Greens.
Bevel Dauforth
Reply to @Kath Ayres:
The Greens are not progressive. They are right of centre.
People should look into their policies more.
David R. Amos
Reply to @Bevel Dauforth: Methinks the power hungry Greens will make a deal with anyone They are best of buddies with the NDP in BC, the Liberals in NB and the Conservatives in PEI right now N'esy Pas?
Oksana Szulhan Elizabeth May is nothing more than some " poor little rich kid " from USA - https://en.wikipedia.org/wiki/Elizabeth_May - with less-than-zero knowledge of Canad and our heritage, let alone electoral system. She couldn't hold a " day job " if her life depended on it - is this what you want running Canada ? ? ?
David R. Amos
Reply to @Oksana Szulhan: Methinks she has a strange bunch of supporters However bet Madame May found this to be an interesting observation N'esy Pas?
"Unless a party is riding the cusp of a wave — as the New Democrats did in Quebec during the 2011 federal election — organization and resources can make a big difference. And unlike long-established political brands like the PCs or Liberals, the Green Party can't count on voters to pick their local candidate solely because of the party's brand or the popularity of the leader
Carl Switzer Paying attention or laughing at?
David R. Amos
Reply to @Carl Switzer: Methinks everybody knows how much i love the circus N'esy Pas?
Michael Scan Most people voted for Green not even know what their platform is. they voted for them because they fed up to other parties.
The Greens are not progressive. They are right of centre.
People should look into their policies more.