News - Stories and Rants
Thursday, 5 November 2015
Wednesday, 4 November 2015
Fredericton Police Officer Jeff Smiley’s Arbitration Hearings are a Monumental Waste of Public Funds!!!!
Jeff Smiley’s Arbitration Hearings are a Monumental Waste of Public Funds
What do Charles LeBlanc, Dennis Oland and Jeff Smiley all have in common? They are all victims of the most appalling police negligence, ineptitude and incompetence I have ever seen – other than in Keystone Cops movies.
Jeff Smiley’s Arbitration hearings show, yet again, the public of New Brunswick is paying a huge amount of money for yet another FPF personal vendetta – and megabucks to lawyers. The police union pays defence counsel, T. J. Burke, who is not cheap. The New Brunswick Police Commission paid three lawyers for the week – the arbitrator and two lawyers from Stewart McKelvey, to represent the Police Commission, and a court stenographer. That’s probably five thousand dollars a day, without the cost of renting the Wu Centre and witnesses’ time.
On Monday and Tuesday we heard sworn testimony from Cpl. Ross Chandler, Cpl. Dwight Doyle, Cst. Karla Forsythe, Cst. Samantha McInness and Staff Sgt. Matt Myers (after which I left, since the proceedings were obviously not in the interests of justice).
Every one of these cops had “convenient memory loss and incompetence” syndrome. They all testified to losing evidence, failing to collect relevant evidence and information, failing to take notes or inability to remember any facts at all that were crucial to their colleague Jeff Smiley’s constitutional rights to defend himself. I lost count of the number of times they repeatedly answered simple questions with, “I can’t recall, I don’t remember, I couldn’t say for sure, I can’t specifically recall that.”
This does not inspire confidence in the FPF and is exactly why Chiefs like Leanne Fitch must not be given power to suspend officers without pay, until they have been provided access to justice and a proper review.
Every charge of misconduct against Smiley relies on the allegations of assault having substance, to prove his arrests and the undertaking he was released on were lawful. The law says they were not.
The FPF’s operational manual states section 495 of the Criminal Code of Canada confers their powers of arrest for alleged criminal offences. Jeff Smiley’s circumstances on 26th and 27th February, 2014, did not meet any of the requirements of the Criminal Code, which states:
495. (1) A peace officer may arrest without warrant
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
Not one of these applied, so the police should have gone away, investigated, submitted its case to the Crown for approval, then laid an information and requested a summons to be issued. The testimony against Smiley confirms there was no evidence of any offence on the night in question and no evidence of any prior offences. The FPF had no power to do more than request a peace bond, for Smiley to stay away from his partner, based on the lack of evidence.
Since there were no lawful grounds to arrest Jeff Smiley there were also no lawful grounds to detain him in custody. The police therefore had no lawful rights to force him to sign an undertaking, in order to be released. With no legal grounds to force him to sign an undertaking there were no lawful rights to require him to hand over his firearms. There was no breach of the undertaking – it was constitutionally and legally invalid.
As for the assaults Smiley was accused of, the FPF officers did not state (and were not asked) when they found out the allegations related to incidents in Nova Scotia, where they had no jurisdiction. Cpl. Chandler claimed the sworn video statement given by Smiley’s partner did not record audio and he did not discover that for many hours. I believe that was intentional. Chandler went on vacation immediately his shift ended. With no audio we are left with his word – which certainly isn’t good enough for me.
The second video-recorded sworn statement was not reviewed by anyone except Cst. Karla Forsythe, the officer who took it, before being sent to the RCMP. It was revealed she had the interview transcribed but only used the parts that sounded bad for Jeff. She left out every single statement that confirmed he did not ever hurt his partner, was always loving towards her and that she suffered from mental disorders of OCD, anxiety and depression, which caused difficulties.
While under oath Matt Myers expressed his “surprise” that the RCMP did not charge Smiley with 20 or more allegations of assault. (It seems the Crown and RCMP actually wanted evidence to support the allegations!) Myers also stated that Smiley had not stored one of his guns safely, because there were two shells in it, and should have been criminally charged with that too. Funny thing though, the RCMP took the weapons from Smiley’s vehicle around the 28th February, 2014, and declared them to have been safely stored. A week or so later it was alleged the two shells were found but no photographs of that evidence were taken. If I were Smiley I would have asked for them to be fingerprinted – I am pretty sure Smiley’s prints wouldn’t be on them. So, Myers sounded really pissed off the additional charges weren’t laid.
Doyle testified Smiley’s guns were taken to stop him hurting himself. If that was the case they should have taken their colleague to hospital for evaluation, if suicide was a concern. Myers and Chandler testified the guns were taken because Smiley’s girlfriend was at risk, even though her sworn statement said she was not. Myers testified he did not read or review any reports or evidence before arresting Smiley for breach of the undertaking. There was no evidence the shells were in the gun, no evidence of any assaults and no evidence Smiley was a danger to himself or anyone else.
Matt Myers is a vindictive and ruthless man. He sat at the witness table and spoke as though his negligent, incompetent and unlawful conduct was the law of the land. It was disappointing his arguments and personal issues with Smiley were not introduced into evidence - he is a man who carries a grudge. As second in command of the Serious Crime Unit he knew he had no powers of arrest and nor did the others. The FPF officers were in a direct conflict of interests dealing with Cst. Smiley and arresting one of their own, without lawful grounds, evidence or investigation. Another agency should have been brought in immediately.
Our police are corrupt and the City of Fredericton, NB Police Commission, minister for Public Safety and Law Society help them get away with it. They are costing us hundreds and thousands of dollars in frivolous and vexatious vendettas. People like Charles and Jeff Smiley are victims of defamation, denial of natural justice and multiple constitutional violations. If the Commission upholds these complaints Smiley has the right to a judicial review. I hope he uses every avenue available to fight for justice – and his career. Leanne Fitch needs to go, so does Matt Myers.
Tuesday, 3 November 2015
Monday, 2 November 2015
Liberal MP Dominic LeBlanc to be the next Governor General!!!!
I don't believe this one because it would be WAY TOOOOOO BOOOORRIINNNNGGGG!!!!
Then again? The firest Father and Son Governor General team??? A apology to the Acadians for what happened in 1755???
Wait till Mercredi!!
CBC's handling of NB Language Commissioner's complaint to herself about Corps of Commissionaire Wayne Grant is BIZARRE!!
 |
| Corps of Commissionaires Wayne Grant sits at the desk at his former place of employment, Chancery Place in Fredericton. Grant had his hours cut back after NB Language Commissioner, Katherine d'Entremont laid a private complaint with her own Commission about his inability to speak French. Grant was 10 months away from retirement and the complaint resulted in him being temporarily laid off, then his hours of employment being cut back at the most critical time of his employment career. |
Charles:
Actually, I think the story should be headlined "CBC's handling of Language Commissioner's complaint bizarre"!!I'm disappointed with CBC. Once again, they have lifted a story right out of Charles LeBlanc's blog and usurped it as being their own. But this time, they've gone too far by saying they were the 'first" to cover the "bizarre" story of how NB Language Commissioner Katherine d'Entremont filed a complaint with her own Commission. d'Entremont did so without any consideration of the employee, a commissionaire 10 months away from retirement, who was punished for not speaking French by being temporarily laid off, then having his hours reduced at probably the most critical time of his employment career. All because this fluently bilingual Language Commissioner was pissed that she didn't get served in French first when she approached Wayne Grant at the entrance to Chancery Place in May.
This is no CBC "scoop". I have been reading about this story since May from Charles' website. Here's a July 25, 2015 youtube link from Charles' website in which he shows a document which suggests that d'Entremont was the one who laid the complaint.
And if you listen to the video, he makes it very clear that he believes d'Entrement herself, laid the complaint which resulted in Wayne Grant losing more than half of his weekly hourly wage.
In the height of irony, Charles also pleaded with CBC to pick up on the story and that was more than 3 months ago!!!! Why the sudden interest?
Since none of them want to be "scooped" they skirt the issue of who was the first to cover it but just ignoring the fact that Charles did it first. None had the gall to say they were the first to deliver a scoop, especially on a five month old story that Charles has been blogging to death because he knows the man at the centre of the controversy and feels sorry for the fellow. As an Acadian he feels that the New Brunswick language commissioner Katherine d'Entremont has gone too far, using the veil of privacy to destroy man's career at the cusp of his retirement - Wayne Grant had 10 months to go before retiring when his hours were cut back due to Katherine d'Entremont's sanctimonious holier-than-thou proclamations on language equality. The only person who ever complained about Wayne Grant's lack of French language profiency was her.
And then there's CBC claiming to be the first to cover this story, which as I said earlier, Charles has been blogging to death for five months. I suggest that the CBC, at the very least, remove any such reference to being "the first" to cover the story, and second, to give credit where credit is due.
Finally, whoever wrote the headlines and the intros to Jacques Poitras' story on the treatment of Wayne Grant by the NB Language Commissioner should head back to journalism school and learn a little bit about research. They soon would have discovered Charles LeBlanc has thoroughly covered this story, all by himself, with no giant corporation behind him for the last five months. But that would mean that the CBC inside staff would have to get off their asses and go outside to ask questions beyond what they can find on Google. It's a sad state of affairs when Canada's esteemed CBC stoops so low as to steal a story from a blogger on social assistance and claim it as their own.
P.S..Here's another video made on August 25th -
Why is CBC New Brunswick mis-leading the public on the issue of Commissionaire Wayne Grant???
Late last night, I believe I settle the issue with CBC Journalist Jacques Poitras that I was the one who came out with the story of the Commissionaire Wayne Grant!!
This morning the CBC are telling the public - WAYNE GRANT SPEAKS ON HIS ISSUE FOR THE FIRST TIME!!!!
Does this look like the first time????
https://www.youtube.com/results?search_query=commissionaire+wayne+grant
Maybe we should focus our attention on CBC and not the Irving media????
Why are the CBC mis-leading the public????
This morning the CBC are telling the public - WAYNE GRANT SPEAKS ON HIS ISSUE FOR THE FIRST TIME!!!!
Does this look like the first time????
https://www.youtube.com/results?search_query=commissionaire+wayne+grant
Maybe we should focus our attention on CBC and not the Irving media????
Why are the CBC mis-leading the public????
CBC New Brunswick are lisleading the Public on the Commissionaire Wayne Grant issue!!!!!
Just heard it on the CBC Minutes ago!!
Wayne Grant speaks out FOR THE FIRST TIME!!!!
With all these videos, does it look like it's the first time???
Click below - https://www.youtube.com/results?search_query=wayne+grant
Wayne Grant speaks out FOR THE FIRST TIME!!!!
With all these videos, does it look like it's the first time???
Click below - https://www.youtube.com/results?search_query=wayne+grant
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