Saturday, September 17, 2011

LeBlanc | City man said he feared going back to jail A1By HEATHER MCLAUGHLIN mclaughlin.heather@dailygleaner.com

LeBlanc | City man said he feared going back to jail
A1By HEATHER MCLAUGHLIN
mclaughlin.heather@dailygleaner.com

Blogger Charles LeBlanc was released from custody Friday morning after being charged by the Fredericton Police Force with creating a disturbance on Queen Street



Stephen MacGillivray/The Daily GleanerCharles LeBlanc is seen leaving the provincial courthouse after he was released with conditions Friday. "This is one of the roughest feelings I ever had in my life, the last 48 hours," said a tired-looking LeBlanc as he talked to reporters outside the Queen Street courthouse.

Provincial court Judge Denis Lordon released him on an undertaking to keep the peace, to be of good behaviour and to stop using a bullhorn in the downtown to broadcast his beef with Fredericton police.

LeBlanc is scheduled to appear in provincial court Oct. 28 at 1:30 p.m. for a trial after pleading not guilty to causing a disturbance.

He was arrested by Fredericton police Wednesday for shouting through a bullhorn outside the police station. He's upset with the police because it issued a $140 municipal bylaw ticket to him for riding his bicycle on the sidewalk. The ticket was issued on the basis of a third-party complaint.

LeBlanc said he hopes he can find a lawyer to take his case. Friends of the social assistance recipient are offering to help him, LeBlanc said, but he doesn't want to represent himself in court because of the importance of his case, which he believes is a freedom of speech case.

LeBlanc claimed the ticket was instigated by Dan Bussieres, the sergeant-at-arms of the New Brunswick legislature. LeBlanc has had a running battle with Bussieres because he banned him from the legislature in 2006.

LeBlanc frequently mocks Bussieres on his blog, and he called him his sworn enemy Friday.

"I won't even entertain that question," Bussieres said Friday when asked for a response to LeBlanc's accusations. "So it's a crime to file a complaint against Charles LeBlanc?"

LeBlanc began his protest against the Fredericton Police Force for issuing the ticket because he said the force has a double standard.

He tried to lay a third-party jaywalking complaint by supplying police with video evidence of Speaker Dale Graham and deputy premier Paul Robichaud crossing the street illegally, but the force wouldn't issue them tickets.

"We can't have a two-tiered system, one for the filthy rich and one for the filthy poor. I was forced to protest on the street because they won't listen," he said.

LeBlanc claims the Fredericton Police Force is out to get him since he recorded video footage of Fredericton police officers using force to arrest a Quebec soldier in the Tannery bar district. An officer was found not guilty after trial of using excessive force.

LeBlanc is also upset about how he was treated in jail because he was refused access to his own medications.

"When you're in jail, you don't really know what's going on in the outside world. I have ADHD and I'm on medication at night to sleep, and the medical staff at the Saint John regional correction denied me from having my prescription and from having my inhaler.

"They said use another inhaler. I was in pain. I didn't sleep good ... I only slept about six hours the last 48. It wasn't good, and there will have to be an investigation."

LeBlanc said when he's rested, he will seek a meeting with provincial Health Minister Madeleine Dube to demand an investigation into the actions of medical staff at the Saint John Regional Correctional Centre.

LeBlanc said he would have preferred not to have to sign an undertaking that he wouldn't use a bullhorn in the downtown area, but he feared spending more time in jail.

"The last time I was in jail was in Phoenix, Ariz., in 1978, and I think it was better in Phoenix (than) in Saint John. I'm a strong supporter of freedom of speech, but when you're told if you don't sign these papers you can be remanded in custody for another month, moi, with no medication, I would have died," he said.

"It's a scary, scary case because it could set a precedent across Canada. If I represent myself, I might blow this case."

LeBlanc has had skirmishes with police in the past. In 2006, he was arrested when he blogged at a demonstration at the Atlantica business conference in Saint John. He was acquitted of the charge.

LeBlanc also shows up frequently at public events in Fredericton, at city council and does street interviews with local politicians.

About 20 of his friends attended his Friday court appearance.

Government may bypass FSIN, Premier says

By JASON WARICKAND DAVID HUTTON, The StarPhoenix September 16, 2011 •Story•Photos ( 1 )•Video ( 1 ) ICON
Federation of Saskatchewan Indian Nations interim Chief Morley Watson speaks to the media about SIGA and FSIN issues at the FSIN offices on Packham Avenue on Thursday.Photograph by: Gord Waldner, The Starphoenix, The StarPhoenixThe provincial government may start to bypass the Federation of Saskatchewan Indian Nations (FSIN) and deal more directly with tribal councils and individual First Nations “who are doing great things,” in light of recent revelations about the FSIN and its Saskatchewan Indian Gaming Authority (SIGA), Premier Brad Wall said Friday.

“What we’ve seen in the last number of months at the FSIN, first with the chief (Guy Lonechild) situation and now with SIGA, gives this government pause,” Wall told reporters Friday in Saskatoon.

“At the end of the day, we want results for First Nations people. . . . Perhaps the best way to achieve that is to work directly with the First Nations and tribal councils, and less with the FSIN.”

Wall said he has “some real concerns” about Edward “Dutch” Lerat’s continued involvement with SIGA and will be writing to ask officials to reconsider who’s in charge of that file.

“It just isn’t giving anyone any confidence,” Wall said.

Wall said there are also concerns about recent reports of heavy administration costs for a SIGA fund meant to benefit First Nations sports and culture programs and a questionable insurance settlement SIGA accepted following a $1.2-million ATM scam.

“I think we have some real concerns about what’s happening at SIGA in a general sense,” Wall said.

“Obviously, given the events of the past in this province in SIGA, we have a real concern about the people the FSIN has assigned to basically be in charge of the file. I think a lot of people in the province would have that concern as well.”

Wall noted the five-year gaming agreement between the province and the FSIN is up for renewal before the end of this calendar year. Wall said if his party remains in power after this fall’s election, it will be “asking some very pointed questions.” Wall added that’s already happening to an extent.

“(The government is) asking some very pointed questions about where the dollars are going and about whether or not this is the right action to take, to have Mr. Lerat, who obviously has a history with respect to SIGA.”

Wall repeated his position that the FSIN is “not a government in and of themselves. They are an association.”

Federal Aboriginal Affairs and Northern Development Minister John Duncan was not available Friday to discuss the FSIN, but his office issued the following statement: “Our department is monitoring this situation and we will ensure that the terms and conditions of any funding agreements we have with this organization are respected.”

The StarPhoenix revealed this week that Lerat, now an FSIN vice-chief, has been active on SIGA policy matters as recently as this week, even though he still has an open lawsuit against SIGA and the FSIN. The wrongful dismissal suit stems from his firing as SIGA CEO in 2000 after hundreds of thousands of dollars could not be traced.

FSIN vice-chief Morley Watson was asked about Lerat’s involvement at a news conference Thursday. Watson, who is serving as interim chief of the FSIN following the recent buyout of former chief Lonechild, said Watson assured him the lawsuit would be withdrawn. As of Friday afternoon, however, the lawsuit remained active at Saskatoon’s Court of Queen’s Bench. Lerat’s Regina lawyer could not be reached for comment.

© Copyright (c) The StarPhoenix

Read more: http://www.thestarphoenix.com/news/Government+bypass+FSIN+premier+says/5416387/story.html#ixzz1YEQvkz8M

Government may bypass FSIN, premier says

Government may bypass FSIN, premier says

Friday, September 16, 2011

Blogger pleads not guilty to disturbance charge - New Brunswick - CBC News Posted: Sept. 16, 2011 7:41 AT Last Update Sept 16, 2011 11:30 AM

Fredericton blogger jailed again over disturbance
External Links
Charles LeBlanc's blog

Charles LeBlanc after being released. Jacques Poitras/CBCFredericton blogger Charles LeBlanc pleaded not guilty Friday to a charge of causing a disturbance and will stand trial in provincial court on Oct. 28.

LeBlanc was arrested for causing a disturbance outside of the city’s police headquarters on Wednesday and had been in provincial jail in Saint John since that time.

LeBlanc was released from custody Friday after agreeing to a condition that he not use a bullhorn or "voice-amplification device" in the downtown area of the city.

LeBlanc said he agreed to the condition because he was deprived of an asthma inhaler and other medication while in jail.

"Freedom of speech, I've always been a strong advocate, but when you're told if you don't sign these papers, you could be remanded in custody for another month, moi, without medication, I would have died," said LeBlanc Friday outside of court.

LeBlanc, who writes a blog on politics and social justice issues, had received warnings from the police that people were complaining about his use of a bullhorn outside the police headquarters.

The blogger has been protesting a ticket he received for riding his bike on the sidewalk in Fredericton.

Fredericton Police Const. Rick Mooney confirmed the blogger was arrested because of the complaints from people in a nearby office building.

"We had a number of complaints in relation to this in the area here, so we conducted an investigation and acted on that information,” Mooney said.

LeBlanc, however, is convinced that ticket was related to his long-running feud with officials at the New Brunswick legislature and the city police.

One municipal councillor is questioning the arrest of the well-known blogger.

Tim Scammell, a village councillor in New Maryland and friend of LeBlanc’s, said he's wondering why the blogger was arrested for loudly complaining about the Fredericton police force.

"I think he should be allowed to say what he wants to say, wherever he is,” Scammell said.

“As much as we may or may not agree with it, or find the method annoying, that's his rights."

LeBlanc has had a controversial past. He was banned from the legislature in 2006.

And LeBlanc made international headlines in November 2006 when he was acquitted on an obstruction charge.

He had been arrested when he was blogging coverage of a demonstration at the Atlantica business conference in Saint John in June 2006.

CTV Atlantic - Residents flee from fire at Fredericton apartment building - CTV News

CTV Atlantic - Residents flee from fire at Fredericton apartment building - CTV News This is very Sad. especially when we are coming into cooler time of the season. My prayers are with the Injured, Homeless Firefighters, and all who have been in any way affected by this tragic situation.

Tuesday, September 13, 2011

Brad Woodside lectures fracking protesters CBC News Posted: Sep 13, 2011 6:56 AM AT Last Updated: Sep 13, 2011 8:52 AM AT Read 61 comments

Two hydro-fracking opponents disrupted a Fredericton city council meeting on Monday night even though the contentious mining practice was not on the local agenda.

About two dozen people who were upset that trucks used for natural gas exploration were seen driving through the city sat in the public gallery during the regular council meeting.

Later in the evening, two members of the group disrupted the meeting demanding to speak to the councillors before being rejected by Fredericton Mayor Brad Woodside.

“I do not appreciate anybody bringing a provincial issue into the council chamber and using it for a soap box. It's inappropriate,” Woodside said.

“And, as I pointed out tonight, it's disrespectful to those who were sitting here waiting their turn.”

Two protesters demanded Woodside and council pass a resolution that hydro-fracking would not be allowed in the city.

The mayor said they were wasting their time since he's already been clear about his opposition to hydro-fracking.

"There will be no fracking, or drilling, or exploration of any kind in Fredericton,” Woodside said.

The pair refused to leave the council chambers, so Woodside called on Fredericton Police Chief Barry McKnight to remove the two individuals.

Council resolution sought
Outside the chambers, Caroline Lubbe-D’Arcy, one of the protesters, said that despite Woodside's comments on hydro-fracking, they still wanted a written commitment from the city that the procedure will be banned.

"We need a resolution in place that the next city council will have to adhere to. I just don't think the word of a politician is good enough,” Lubbe-D’Arcy said.

The protesters also want Fredericton to work with other communities, such as New Maryland, to ensure there is no natural gas development in watersheds outside the city that would affect the local water supply.

Hydro-fracking extracts petroleum using a pressurized mix of water and other substances injected into shale rock formations or coal beds.

The high-pressure mix creates or widens fissures in the rock, so gas or oil can escape from pores and fractures.

The Department of Natural Resources held public forums earlier this year on shale gas exploration.

The department has also unveiled new rules on shale gas exploration and hydro-fracking.

Among the new reforms, mining companies must now disclose chemicals that are used in the hydro-fracking process and post a security bond to compensate communities if there is any damage.

There have been several protests and blockades around New Brunswick in recent months opposing shale gas exploration and hydro-fracking.

One company has halted its shale gas exploration after some of its equipment was damaged by protesters.

Father wins new trial in spanking case CBC News Posted: Sep 13, 2011 2:41 PM AT Last Updated: Sep 13, 2011 2:07 PM

The New Brunswick Court of Appeal has ordered a new trial for a father convicted of assault for spanking his six-year-old son in 2009.

The province’s highest court, in a 2-1 decision that was delivered on Sept. 8, allowed the appeal saying the trial judge erred by applying “a subjective standard by delegating to an onlooker the determination of guilt or innocence.”

The family was driving from Durham Bridge to a museum in Fredericton on Aug. 1, 2009, when the six-year-old boy’s behaviour caused his father to spank him. (None of the family’s names are used in the decision.)

The court document says the boy was yelling at passing cars, unbuckling his seatbelt, throwing things and kicking the back of his mother’s seat.

The father warned the child that if he continued to misbehave he would be spanked. After repeated warnings, the father ended up spanking the child.

Millicent Boldon, a Crown witness who watched the spanking, told the trial that she could hear the child yelling, “You’re beating me senseless. Stop. You’re hurting me.” She said the boy was hit at least 10 times.

The trial judge sided with the Crown witnesses and, according to the Court of Appeal decision, said the appellant’s assertion that he only spanked the child two or three time was “ludicrous.”

“When the trial judge stated that 'no spanking should go on and on to the point that strangers pick up the phone and call the police,' I am of the view she applied a subjective standard. Ms. Boldon's decision to pick up the telephone and call the police in those circumstances can be nothing but a subjective one,” the ruling said.

“Obviously, some people faced with the same situation as that presented to Ms. Boldon might have called the police earlier and others might never have called,” the ruling said.

Justices Richard Bell and Wallace Turnbull allowed the appeal.

The original trial was held on June 21, 2010, and the sentence was delivered on Aug. 18. The appeal was heard on Jan. 11.

Dissenting opinion
Justice Alexandre Deschenes filed a dissenting opinion in the spanking case.

Deschenes wrote there was nothing to suggest the trial judge assessed the reasonableness of the spanking in references to the judge’s personal experiences.
“On the contrary, her decision was reached in light of the circumstances of the case and based upon the evidence she accepted. Her reference to the call made to the police was nothing else but another circumstance to consider on the issue of reasonableness of the discipline imposed by the appellant,” Deschenes wrote.

Spanking has been a contentious issue in the Canadian legal system in the past.

The Supreme Court of Canada ruled in 2004 that parents have the right to spank their children. But the country's top court also set out "reasonable limits."

The 2004 ruling said spanking could be used against children between the ages of two and 12 years old. But children could not be disciplined with an object and hits to the head would also be unacceptable.