What are you hiding David Chartrand?

Good Day Readers:

Soon there must be another MMF election as mandated by it's constitution. We believe Manitoba's Metis citizens not only have a right to be informed but also a duty. Today many Federation Board of Directors find themselves mired in a pointless and foolish defamation lawsuit against the now defunct www.CyberSmokeSignals.com that has wasted many thousands of taxpayer dollars and could put them in a position where they might be liable for court costs.

Since this action began (mid-September 2003) Federation lawyer Murray Trachtenberg has: obtained an incredible 9 Court Orders; a Publication Ban; sent the Defendants well over 1,000 pages of documentation; and recently was able to have most of an Affidavit sealed so it can't be viewed by the public in its entirety - fortunately, this decision is appealable.

www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca

Is this open, transparent and accountable governance to which the Metis Nation in Manitoba is entitled? You be the judge and jury.

Clare L. Pieuk

-----------------------------------------------------------------------------------------------------

Posner & Trachtenberg

710-491 Portage Avenue

Winnipeg, Manitoba R3B 2E4

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

Phone: 204-940-9602

Fax: 204-944-8878

Email: mtrachtenberg@ptlaw.mb.ca

Website: www.ptlaw.mb.ca

Legal Assistant, Pat Bergen

Phone: 204-940-9603

Email: pbergen@ptlaw.mb.ca

September 15, 2009

File No: 2003-20

Via Fax

Court of Queen's Bench

Law Courts Building

Room 226 - 408 York Avenue

Winnipeg, Manitoba R3C 0P9

Attention: Honourable Madam Justice K.I. Simonsen

Dear Justice Simonsen:

Re: Manitoba Metis Federation Inc. et al vs. Terry Belhumeur et al

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

This is further to my email to Mr. Pieuk of September 14, 2009 a copy of which I sent by fax to your office yesterday.

I wish to repeat the request contained in that email namely, that you immediately direct the Queen's Bench Registry to remove Mr. Pieuk's affidavit of September 11, 2009 from the Court file. Such direction would be in keeping with your letter of September 2, 2009 which indicated to Mr. Pieuk that any proposed affidavit should not be filed with the Court until the matter of its admissibility was determined by you.

As I had indicated during the hearing of September 14, 2009 it is my position that the contents of his affidavit are irrelevant and in many paragraphs, scandalous. Much of the contents are there simply to embarrass one or more of the plaintiffs.

Furthermore, as I noted in my email of September 14, 2009 to Mr. Pieuk, in the event his affidavit of September 11, 2009 is made available to the public including on the internet, he would in fact be disclosing the alleged contents of a number of documents, which Justice McCawley ordered returned to the plaintiffs and, which the interim injunction issued by Chief Justice Monin specifically prohibits him from "displaying, posting or publishing on the internet or elsewhere." The alleged inadvertence of a Court clerk who, according to Mr. Pieuk has entered teh affidavit in the Court pocket cannot be allowed to result in the breach of the protection granted to my clients by the interim injunction.

Yours truly,

(Original Copy Signed)

MURRAY N. TRACHTENBERG

MNT/pb

cc. Clare L. Pieuk (via email)

cc. Terry Belhumeur (via email)

Editor's Note: The e-mail referenced by Counselor Trachtenberg in his letter was sent to Mr. Belhumeur and I. In part it stated, "I want you to clearly understand my clients's position on this document. It is not evidence and should you in fact choose to distribute it, I will take further steps on behalf of the plaintiffs."

__________________________________________________

November 20, 2004

Court of Queen’s Bench
Law Courts Building
Room 226 – 408 York Avenue
Winnipeg, Manitoba R3C 0P9

Attention: Honourable Madam Justice K. I. Simonsen

Dear Justice Simonsen:

Re: Manitoba Metis Federation Inc. et al. vs. Terry Belhumeur et al.
Queen’s Bench File No. CI 05-01-41955

Pursuant to the court order of November 6, 2009 I have revised my affidavit originally tendered September 11, 2009 to show only paragraphs 24 and 42 which were not expunged and have had it notarized. I hereby request permission to register said document with Queen’s Bench File Registry.

Sincerely,
(Original Copy Signed)
Clare L. Pieuk

cc: Mr. Murray N. Trachtenberg [by e-mail]
Mr. Terry Belhumeur [by e-mail]

__________________________________________________

THE QUEEN’S BENCH WINNIPEG CENTRE
File No. CI 05-01-41955

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, DARRYL MONTGOMERY, MARILEE NAULT, JACK PARK, CLAIRE RIDDLE, and DENISE THOMAS,

Plaintiffs,

- and -

TERRY BELHUMEUR, CLARE L. PIEUK and VANISSA EVERTON

Defendants.

__________________________________________________

AFFIDAVIT OF CLARE L. PIEUK
SWORN THE 19TH DAY OF NOVEMBER, 2009
__________________________________________________

CLARE L. PIEUK
Unrepresented Defendant
2 – 371 Des Meurons Street
Winnipeg Manitoba R2H 2N6
Phone No. (204) 237-7063

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, DARRYL MONTGOMERY, MARILEE NAULT, JACK PARK, CLAIRE RIDDLE, and DENISE THOMAS,

Plaintiffs,

- and -

TERRY BELHUMEUR, CLARE L. PIEUK
and VANESSA EVERTON

Defendants.

AFFIDAVIT OF CLARE L. PIEUK

I, Clare L. Pieuk of the City of Winnipeg, in the province of Manitoba MAKE OATH AND SAY THAT:
1. As a Defendant in this action I have personal knowledge of the matters hereinafter deposed to by me save and except where same are stated to be based upon information and belief in which case I do verily believe same to be true.

2. During 2003 Bernie Shore, Head Accountant for the Manitoba Metis Federation, sent approximately 60 form letters to MMF staff and officials requesting it be signed and returned if they agreed with the amount shown as owing in travel advance monies. The total was over $111,000. Plaintiff John Fleury had the largest outstanding sum at over $19,000. Plaintiffs David Chartrand and Elbert Chartrand were cited for in excess of $13,000 and $8,000 respectively. I do verily believe Plaintiff Riddle was also on the list as may have been other Plaintiffs. (emphasis ours)

3. The documents surrendered by me to MMF Counsel were received from various anonymous sources beginning in approximately 2002. I was aware of the existence of most and perhaps all when Lionel Chartrand prepared the allegedly defamatory petition posted on cybersmokesignals. (emphasis ours)

SWORN BEFORE ME at )
the City of Winnipeg in the )
Province of Manitoba, this )
19th day of November, 2009. )

(Original Copy Signed)
_________________________________________
A Notary Public in and for the Province of Manitoba

___________________

CLARE L. PIEUK

Editor's Note: Blue denotes a person who is no longer a party to the lawsuit. The correct way of indicating this is by drawing a line through the name. However, with the formating available to a blog this is not possible.

The original Affidavit was 7 pages long consisting of 42 paragraphs. Paragraph 2 was initally 24 and 3 formerly 42.