Tuesday, March 14, 2006

For the record - what was said!

Tansi/Good Day Readers:

Below is an affidavit sworn on January 23, 2006 by Lionel Chartrand. At the time, it was posted on CyberSmokeSignals.com. I would particularly draw your attention to Paragraph 3 of Mr. Chartrand's document.
For the first time on the internet, I am publishing my sworn affidavit of February 7, 2006 along with its e-mail attachments. They speak for themselves - you be the judge.

Sincerely,
Clare L. Pieuk
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File No. CI 05-01-41955
The Queen's Bench
Winnipeg Centre

Between:

Manitoba Metis Federation Inc., Anita Campbell, David Chartrand, Elbert Chartrand, Rita Cullen, Richard DeLaRonde, Darrel Deslauriers, Jean Desrosiers, William Flett, John Fleury, Laura Hyrich, Julyda Lagimodiere, Joyce Langan, Leah LaPlante, Judy Mayer, Bonnie McIntyre, Rosemarie McPherson, Derryl Montgonery, Marilee Nault, Jack Park, Claire Riddle and Denise Thomas

Plaintiffs

- and -

Terry Belhumeur, Clare L. Pieuk and the person or persons using the email address metis_mom@hotmail.com

Defendants
_______________________________________________________
Affidavit Of Lionel Richard Robert Chartrand
Sworn The 23rd Day Of January, 2006
_______________________________________________________

Posner & Trachtenberg
Barristers, Solicitors and Notaries Public
Suite 710 - 491 Portage Avenue
Winnipeg Manitoba
R3B 2E4

Murray N. Trachtenberg
Phone No. (204) 940-9602
Fax No. (204) 944-8878
File No. 2003-20

Affidavit Of LIONEL RICHARD CHARTRAND, of the City of Winnipeg, in the Province of Manitoba MAKE OATH AND SAY THAT:

1. I am a lawyer practicing in the City of Winnipeg in the Province of Manitoba and as such have personal knowledge of the matters hereinafter deposed to by me.

2. I have read paragraph 4 of the Affidavit of Clare L. Pieuk sworn September 9, 2005 and filed in this matter.

3. I did provide legal advice and drafting assistance to Mr. Pieuk and the website CyberSmokeSignals.com for a period of time prior to February 12, 2004. On or about February, 2004 I notified Mr. Pieuk and CyberSmokeSignals that I would no longer act as counsel to them in any capacity. I have not acted as counsel to CyberSmokeSignals.com or Clare L. Pieuk since that time.

4. I make this affidavit bona fide.

SWORN BEFORE ME at)
the City of Winnipeg, in the)
Province of Manitoba, this)
23rd day of January, 2006.)

(Signature)
__________________________
Lionel Richard Robert Chartrand

(Signature)
__________________________
A Barrister & Solicitor in and for
the Province of Manitoba

Note: Both signings appear to be that of a L. Chartrand. I have requested clarification from The Law Society of Manitoba as to the appropriateness of a lawyer witnessing their own signature.
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File No. CI 05-01-41955
The Queen's Bench
Winnipeg Centre

Between:

Manitoba Metis Federation Inc., Anita Campbell, David Chartrand , Elbert Chartrand, Rita Cullen, William Flett, John Fleury, Laura Hyrich, Julyda Lagimodiere, Joyce Langan, Leah LaPlante, Judy Mayer, Rosemarie McPherson, Darryl Montgomery, Marilee Nault, Jack Park, Claire Riddle and Denise Thomas

Plaintiffs

- and -

Terry Belhumeur, Clare L. Pieuk, and the person or persons using the e-mail address metis_mom@hotmail.com

Defendants
_______________________________________________________
Affidavit Of Clare L. Pieuk
Sworn February 7, 2006
Hearing Date: Adjourned Sine Die
_______________________________________________________

Jeffrey J. Niederhoffer
Barrister and Solicitor
P.O. Box 48081 RPO Lakewood
Winnipeg, MB R2J 4A3
Telephone: (204) 471-8682
Email: jjn@niederlaw.com

Affidavit of Clare L. Pieuk
Sworn the 7th day of February, 2006

I, CLARE L. PIEUK, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY THAT:
1. I am one of the Defendants herein, and as such have personal knowledge of the matters hereinafter deposed to by me, except where same is indicated to be based upon information and belief, in which case I verily believe same to be true.

2. I have read paragraph 3 of the Affidavit of Lionel Richard Robert Chartrand sworn January 23, 2006, and subsequently filed with the court.

3. On or about February 12, 2004, although Mr. Chartrand advised me to retain separate litigation counsel in anticipation of potential legal action by the Manitoba Metis Federation, he did not indicate to me any intention or desire on his part to discontinue his services as General Counsel for the website http://www.cybersmokesignals.com (hereafter "the website") or as informal legal advisor to Mr. Belhumeur and myself in our respective capacities as owner and webmaster of the website.

4. From February 12, 2004, or about this date, to the date I have sworn this my Affidavit, Mr. Chartrand has not indicated to me any intention or desire on his part to discontinue his services as General Legal Counsel for the website or as informal legal advisor to Mr. Belhumeur and myself in our respective capacities as owner and webmaster of the website.

5. From February 12, 2004, or about this date, to May 28, 2005, or about this date, Mr. Chartrand continued to provide advice to me in my capacity as webmaster of the website.

6. Attached hereto and marked as Exhibits "A", "B" and "C" to this my Affidavit are copies of a series of emails exchanged between Mr. Chartrand and myself on various dates subsequent to February 12, 2004 in which Mr. Chartrand and I discussed various legal questions broadly relating to or arising from my role as webmaster of the website.

7. Attached hereto and marked as Exhibits "D", "E", "F", "G", "H" and "I" to this my Affidavit are copies of a series of emails exchanged between Mr. Chartrand and myself on various dates subsequent to February 12, 2004 in which Mr. Chartrand and I discussed general questions of legal strategy concerning the action commenced by the Plaintiffs herein.

8. On or about May 28, 2005, after receiving the Statement of Claim of the Plaintiffs herein (hereinafter "the Statement of Claim"), I telephoned Mr. Chartrand and requested his advice as to how to draft a Statement of Defence. Mr. Chartrand advised me to precede my Statement of Defence with a "General Response" in which I provided admissions or denials, or indicated my lack of knowledge in respect of the various allegations in the Statement of Claim. Mr. Chartrand further recommended I include a number of specific provisions in my Statement of Defence, the wording of which he subsequently dictated to me. Toward the end of the telephone conversation, Mr. Chartrand suggested I fax the Statement of Defence to his office for his review and comment. For reasons which are not relevant here, I ultimately decided not to seek further advice or counsel from Mr. Chartrand in relation to the Statement of Claim.

9. I make this Affidavit bona fide and for no improper purpose or motive.

SWORN before me at the City)
of Winnipeg, in the Province of)
Manitoba, this 7th day of)
February, 2006

(Signature)
____________________
Jeffrey J. Niederhoffer
A Notary Public in and for the Province of Manitoba

(Signature)
____________________
Clare L. Pieuk
---------------------------------------------------------------------------
Exhibit "A"

From: "Lionel Chartrand" lrc@shaw.ca
To: "Clare Pieuk" pieuk@shaw.ca
Sent: February 16, 2004 10:08 AM
Subject: Re: Any revisions?

I would reconsider this one. I have to rush out to court. Maybe we can talk later today.

----- Original Message -----
From: Clare Pieuk
To: Lionel Chartrand
Cc: ........@yahoo.com
Sent: Monday, February 16, 2004 1:45 AM
Subject: Any revisions?

Sunday February 15, 2004

Hi Lionel, any suggestions for changes before it goes up. It's from ..... ......... .

Thanks,
Clare

Note: The individual's name appears in my original affidavit which is a public legal document available at Manitoba Court of Queen's Bench File Registry. It has been deleted to protect their identity on the internet.

Dear CyberSmokeSignals:

I for one don't like to see our Metis people struggle. It's bad enough that we have a leader that doesn't care. I'm very concerned about our Metis people being so brain washed by one dictator that heads the Federation, namely David Chartrand. David doesn't know the meaning of unity and would care less of over half of the Metis Nation in Manitoba.

Over one half of of the Metis people have been separated from our present leadership. We are not unity people and their's no doubt about it. We need a president that could bring unity back to our organization, a person with a strong desire to work with all people, not just a select few. I'm totally confident, if Mr. Dumont becomes president he won't turn people away, even those that won't vote for him in this upcoming election. Mr. Dumont is no stranger to the Metis people of Manitoba, he is indeed a person of honesty, pride, compassion, caring and above all, unity for all Metis people in Manitoba and he comes with years of experience, more so then David Chartrand. I would like to say to the Metis people of Manitoba, come on board with us, even David's present and past supporters are welcome with open arms. Let's show both the Federal and Provincial government's and David that we really mean business and that we are going to be united and very strong. And David, we are indeed a very caring people, and we won't forget about you like you did to us as a united Metis Nation. United and strong we stand Metis people. What are your thought's?

Marsee/Megwitch/Thank you
and Best wishes to you all

From a Very Concerned MMF Member
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Exhibit "B"

From: "Lionel Chartrand" lrc@shaw.ca
To: "Clare Pieuk" pieuk@shaw.ca
Sent: February 26, 2004 11:37 PM
Subject: Re: And David's suing us?

I found it in my jeans at home! I was VERY relieved. Thanks.

You would not know about similar stories I have heard like this but I am bound to secrecy. She is not alone.

Hopefully, victims will work the nerve to disclose. You may consider advising such people to seek counselling from a social worker (but not thru MCFS LOL!)

----- Original Message -----
From: Clare Pieuk
To: Lionel Chartrand
Sent: Thursday, February 26, 2004 10:30 PM
Subject: And David's suing us?

Thursday February 26, 2004

Hi Lionel, it was nice seeing you today - hope your found your wallet. Below is an e-mail I received today from ....... ........ who used to work for the MMF. Her first statement, "ouch ....." is in reference to an earlier letter I had sent her responding to her question why I didn't like David Chartrand which I proceeded to lay out for her.

Please keep this confidential as I know you will.

Regards,
Clare

Note: The individual's name appears in my original affidavit which is a public legal document available at Manitoba Court of Queen's Bench File Registry. It has been deleted to protect their identity on the internet.

Outch! Talk about getting stabbed in the back!

The original e-mail which followed (195 words) contained serious unproven allegations which could be viewed as defamatory and, therefore, have been deleted. However, it appears in my original public affidavit filed with the courts.
---------------------------------------------------------------------------
Exhibit "C"

From: "Lionel Chartrand" lrc@shaw.ca
To: "Clare Pieuk" pieuk@shaw.ca
Sent: April 13, 2004 10:03 PM
Subject: Re: Some background information for you!

Hi Clare,

I just got back from a trip to Saskatoon for 5 days - won the Canadina Aboriginal Curling Championship. Running out for 2 days tomorrow at 8 a.m. Maybe we can chat next week - real busy these days. This .... .... letter will just get a polite political reaponse - see a civil law lawyer etc., etc. Gannon will know enough not to bite on this. The letter actually does not do a good job of framing questions. Too bad.

Lionel

Note: The "Gannon" referred to is Pat Gannon who at the time was Deputy Minister of Corporate Affairs, Province of Manitoba.

----- Original Message -----
From: Clare Pieuk
To: Lionel Chartrand
Sent: Tuesday, April 13, 2004 6:23 PM
Subject: Some background information for you!

Tuesday April 13, 2004

Hi again Lionel. I've figured out the significance of the May 4, 2004 date in relation to the appeal of Yvon Dumont's successful election court challenge - a hearing is pending to consider "fresh evidence" - that's all the online registry said. In looking at the electronic file it also makes reference to an Appeal Book (2 volumes) that was introduced March 22 and a Book of Authorities of the Apppellant (March 26).

I was going to update CyberSmokeSignals readers on what's happening with this case. What is an Appeal Book and a Book of Authorities? Not to worry, your name will not appear anywhere in the posting.

On another matter, I thought you might be interested in the following letter written by .... .... - sounds like they may have some compelling arguments. Please keep it confidential as they are not aware I'm sharing it with anyone - the last thing in the world I'd want to see happen is Rosemarie McPherson and Muriel Parker getting wind of this. You once told me if you could keep a secret in The Pas you could keep it anywhere.

Regards,
Clare

Note: Because of limitations of space and time I have not re-produced the twenty-two paragraph letter (and its three attachments) from .... .... to Pat Gannon which was also copied to Manitoba Finance Minister Greg Selinger. Suffice it to say its author was very concerned whether the Metis Women of Manitoba Inc. at the time was a defaulted Corporation and if it was abiding by its Articles of Incorporation.
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Exhibit "D"
To be continued.

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