$The Murraygate Tapes$ - Episode 2!

President Lionel R. Chartrand

Below is Episode 2 of $The Murraygate Tapes$. As you read it keep in mind:

(1) The allegedly defamatory material (a petition calling for MMF election reform) was written by Metis Manitoba Legal Aid lawyer Lionel R. Chartrand who at the time (January, 2004) was vehemently opposed to David Chartrand's position on Aboriginal gathering rights. At the time, he had publicly acknowledged he was www.CyberSmokeSignals.com's General Legal Council:

From: "Lionel Chartrand" lrc@shaw.ca
To: "Clare Pieuk" pieuk@shaw.ca; "Vanessa Everton" veverton1@shaw.ca
Sent: January 21, 2004 1:35 AM
Attach: WMA20040121.PETITION.doc
Subject: Re: CyberSmokeSignals

Hi Clare,

Here is a quick draft petition. If you and Vanessa like it, please feel free to use and in whatever context you like. I don't need to have credit for it.

If you prefer it come from me, (it may be beter that it doesn't) then perhaps post it along with a letter something line this:

Dear readers:

I have been receiving requests to draft a petition to the governments on behalf of the Metis requesting that they do not give the MMF any more funding until the MMF has complied with the court order. I am responding with a draft petition according to the instructions given to me by (Metis Mom) -or- (a Federation member) -or- (an MMF member who requested their identity not be disclosed).

Please feel free to amend the draft petition as you see fit.

(2) Not only did he sanction it's vertatim posting, he continued to provide CSS.com with legal advice after both he and Terry Belhumeur had received defamation warning letters (February 9, 2004) from Murray Trachtenberg

(3) During mid-December, 2004 President Chartrand sent a letter to Lionel Chartrand inquiring if he were interested in a retainer agreement with the MMF to provide legal advice on Aboriginal gathering rights. Counselor Trachtenberg subsequently obtained a Court Order forcing us to turn over to his care it plus 1,573 pages of other Federation documents. However, any and all can be subpoeaned at trial

In said missive, President Chartrand went on to say if Lionel Chartrand were interested he'd request MMF lawyer Murray Trachtenberg draft the necessary contract. A document was eventually written calling for Mr. Lionel Chartrand to receive a monthly payment of $2,500. Messrs. Belhumeur and Pieuk only found about this arrangement much later

Lionel Chartrand also unofficially (name never appeared on any court documents filed) assisted Winnipeg lawyer Regan Thatcher defend Yvon Dumont in a lawsuit brought by the Metis National Council, Metis National Council Secretariat and President Clement Chartier. Attorneys Anders Bruun and Jeff Niederhoffer subsequently took over the case which they won. Several months ago Murray Trachtenberg filed a Notice of Appeal that has gone nowhere likely because of the MNC's serious financial problems

(4) Lionel Chartrand has been the subject of complaints to the Law Society of Manitoba and sued by former clients

(5) Lionel Chartrand has not been named a Co-Defendant in this case - WHY?

(6) Today Lionel Chartrand is President, Aboriginal Council of Winnipeg Inc.

Sincerely,

Clare L. Pieuk

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Murray Norman Trachtenberg

Happy Pesach (Hebrew for Passover)
The Six Symbols of the Jewish Passover

The $Murraygate Tapes$ - Episode 2 (pages 10 - 16)

POSNER & TRACHTENERG

Barristers, Solicitors & Notaries Public

710-491 Portage Avenue

Winnipeg, MB R3B 2E4

Fax: (204) 944-8878

Gerald Posner

Manitoba & Ontario Bars

Murray N. Trachtenberg, B.A., LL.B.

Direct Line: (204) 940-9602

e-mail: mtrachtenberg@ptlaw.mb.ca

________________________________________

July 6, 2007

Mr. Terry Belhumeur

P.O. Box 166

Gunton, Manitoba R0C 1H0

Mr. Clare L. Pieuk

2 - 371 Des Meurons Street

Winnipeg, Manitoba R2H 2N6

Gentleman:

Re: MMF et al vs. Terry Belhumeur et al

Queen's Bench File No. CI 05-01-41955

My File No. 2003-20

Enclosed please find an original Affidavit of documents of the Plaintiff Manitoba Metis Federation Inc. sworn July 6, 2007.

I have written to both of you previously and requested your advice as to your availability for examinations for discovery. I have had no response.

I am available on August 21, 22, 23, 24, 29, 30 and 31, 2007.

Please advise as to you availability on these dates.

In the event I do not hear from both of you within opne week from the date of this letter, I will pick a date for the discoveries and have you served with the appropriate notice.

I look forward to hearing from you.

Yours truly,

MURRAY N. TRACHTENBEG

MNT/lec

Enc.

This is Exhibit "A" referred to in the Affidavit of Oliver Boulette Sworn before me this 8th day of April A.D. 2008 (Signature - Murray Trachtenberg) A Notary Public in and for the Province of Manitoba.

Exhibit Number: 1

Exhibit of: T. Belhumeur

Date: January 28, 2008

Rose Gingell Gill Reporting

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POSNER & TRACHTENBERG

Barristers, Solicitors & Notaries Public

710-491 Portage Avenue

Winnipeg, MB R3B 2E4

Fax: (204) 944-8878

Gerald S. Posner

Manitoba & Ontario Bars

Murray N. Trachtenberg, B.A., LL.B.

Direct Line: (204) 940-9602

e-mail: mtrachtenberg@ptlaw.mb.ca

________________________________________

August 16, 2007

Mr. Terry Belhumeur

P.O. Box 166

Gunton, Manitoba R0C 1H0

Dear Mr. Belhumeur:

Re: MMF et al vs. Terry Belhumeur et al

Queen's Bench File No. CI 05-01-41955

My File No. 2003-20

I wrote to you on July 23, 2007 requesting you advise me as to your availability for an examination for discovery during the first week of September 2007. I have had no response from you.

As a party to the litigation, you are required pursuant to Queen's Bench Rule 30.03 (1) to serve an affidavit of documents in the prescribed form "disclosing to the full extent of the party's knowledge, information and belief all relevant documents that are or have been in the party's possession, control or power and the affidavit shall sufficiently identify the documents."

I have not received such an affidavit from you and I am requesting that you provide me with one in the near future.

I enclose a copy of Queen's Bench Rule 30.08(2) which sets out possible actions the Court will take in the event a party fails to serve an affidavit of documents.

I have already provided you with the affidavit od documents of the Manitoba Metis Federation. You have certain rights to inspect documents listed in that affidavit and I enclose for your information a copy of Queen's Bench Rule 30.04 which details those rights.

It seems quite apparent that you do not intend to cooperate in the establishment of an examination for discovery date and as such, I will be taking other steps to secure you attendance to be examined.

Yours truly,

MURRAY N. TRACHTENBERG

MNT/lex

Encs.

This is Exhibit "B" referred to in the Affidavit of Oliver Boulette Sworn before me this 8th day of April A.D. 2008 (signature - Murray Trachtenberg) A Notary Public in and for the Province of Manitoba.

Exhibit Number: 1

Exhibit of: T. Belhumeur

Date: January 28, 2008

Rose Gingell Gill Reporting 943-0196

Failure to serve affidavit or produce document

30.08(2) Where a party fails to serve an affidavit of documents or produce a document for inspection in compliance with these rules or fails to comply with an order of the court under rules 30.02 to 30.11, the court may,

(a) revoke or suspend the party's right, if any, in initiate or continue and examination for discovery;

(b) dismiss the action, if the party is a plaintiff, or strike out the statement of defence, if the party is a defendant; and

(c) make such an order, including a compempt order, as is just.

Inspection of documents

Documents in affidavit

30.04(1) A party who serves on another party a request to inspect documents (Form 30 C) is entitled to inspect any document that is not privileged and that is referred to in the other party's affidavit of documents as being in the other party's possession, control or power.

Documents in pleadings

30.04(2) A request to inspect documents may also be used to obtain the inspection of any document in another party's possession, control or power that is referred to in the originating process, pleadings or an affidavit served by the other party.

Inspection

30.04(3) A party on whom a request to inspect documents is served shall forthwith inform the party making the request of a date within 10 days after the service of the request and of a time between 9:30 a.m. and 4:30 p.m. when the documents may be inspected at the office of the lawyer of the party served or at some other convenient place, and shall at the time and place named make the documents available for inspection.

Documents to be taken to examination and trial

30.04(4) All documents listed in a party's affidavit of documents that are not privileged and all documents previously produced for inspection by the party shall, without notice, subpoena or order, be taken to and produced at, previously produced for inspection by the party shall, without notice, subpoena or order, be taken to and produced at,

(a) the examination for discovery of the party or of a person on behalf of or in addition to the party; and

(b) the trial of the action;

unless the parties agree or the court otherwise orders

Court may order production

30.04(5) The court may at any time order production for inspection of relevant documents that are not privileged and that are in the possession, control or power of a party.

Court may inspect to determine claim of privilege

30.04(6) Where privilege is claimed for a document, the court may inspect the document to determind the validity of the claim.

Copying of documents

30.04(7) Where a document is produced for inspection, the party inspecting the document is entitled to make a copy of it at the party's own expense, if it can be reproduced, unless the person having possession or control of or power over the document agrees to make a copy, which case the person shall be reimbursed for the cost of making the copy.

Divided disclosure or production

30.04(8) Where a document may become relevant only after the determination of an issue on the action and disclosure or production for inspection of the document before the issue is deterined would seriously prejudice a party, the court on the party's motion may grant leave to withhold disclosure or production until after the issue has been determined.

Disclosure Or Production Not Admission Of Admissibility

30.05 The disclosure or production of a document for inspection shall not be taken as an admission of its admissibility.

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POSNER & TRACHTENBERG

Barristers, Solicitors & Notaries Public

710-491 Portage Avenue

Winnipeg, MB R3B 2E4

Fax: (204) 944-8878

Gerald S. Posner

Manitoba & Ontario Bars

Murrray N. Trachtenberg, B.A., LL.B.

Direct Line: (204) 940-9602

e-mail: mtrachtenberg@ptlaw.mb.ca

August 17, 2007

Mr. Terry Belhumeur

P.O. Box 166

Gunton, Manitoba R0C 1H0

Dear Mr. Belhumeur:

Re: MMF et al vs. Terry Belhumeur et al

Queen's Bench File No. CI 05-01-41955

My File No. 2003-20

Enclosed please find the following:

1. Notice of Examination; and

2. My cheque payable to you in the amount of $50.20.

The Notice of Examination is for an examination for discovery at my office on Thursday, September 6, 2007 at 9:30 a.m. The documents mentioned in subrule 30.04 of the Queen's Bench Rules referred to in the Notice are the documents required to be disclosed and produced by way of your affidavit of documents. My letter of yesterday explained your obligation to produce such an affidavit.

The Court of Bench Rules also provide that you are entitled to the following payment:

1. Attendance money $25 per 1/2 day

2. Travel allowence

-52.5k x 2 = 105k x $.24 per k = $25.20

======

Total $50.20

In the event you fail to attend at the examination for discovery, the Court may make such order as it sees fit including striking out you statement of defence.

Yours truly,

MURRAY N. TRACHTENBERG

MNT/lec

Encs.

This is Exhibit "C" referred to in the Affidavit of Oliver Boulette Sworn before me this 8th day of April A.D. 2008 (signature - Murray Trachtenberg) A Notary Public in and for the Province of Manitoba.

Exhibit Number:3

Exhibit of: T. Belhumeur

Date: January 28, 2008

Rose Gingell Gill Reporting 943-0196

.....to be continued - only 27 more pages to go!