What are you hiding Murray Trachtenberg - David Chartrand? The "9-11" affidavit!

Good Day Folks:

According to a highly reliable anonymous source, at a 2003 pre-Annual General Assembly Board of Directors Meeting, the Manitoba Metis Federation leadership sanctioned a lawyer (probably Murray Trachtenberg) to monitor the now defunct www.CyberSmokeSignals.com in search of litigious material. And so "the defamation watch" began.

Since then countless thousands of taxpayer dollars (Over $150,000?) have been spent litigating this frivolous, vexatious, scandalous and malicious lawsuit. It's what American legal scholars call a classic SLAPP (Strategic Lawsuits Against Public Participation) where the intent is to silence critics not redress alleged harm done to plaintiffs. One need not look far for evidence. Ron Chartrand Vice-President of the MMF's Winnipeg Regional Office with by far the largest membership refused to participate from the start.

Subsequently Board of Directors Richard DeLaRonde, Bonnie McIntyre, Darrel Deslauriers and Rosemarie McPherson have withdrawn from the case. Recently, we've been hearing persistent rumours other litigants (read: future candidates) are contemplating jumping ship as the 2010 election approaches.

Additionally, Rita Cullen, William Flett, Joyce Langan, and Darryl Montgomery who ceased to be Directors effective June 29, 2006 the date of the last election (either ran and lost or did not run) continue to have their legal fees paid using MMF taxpayer dollars.

To date, the MMF through its lawyer Murray Trachtenberg (www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca) has petitioned the courts for a publication ban, as well as, several court orders one of which involves the sealing from the public of an affidavit.

To Counselor Trachtenberg and President Chartrand we say, "Of what are you afraid? What are you trying to hide?"

Let us be very clear. We believe Manitoba's Metis citizens have every right and, in fact, deserve the best possible governance from any organization that purports to represent them.

The following documents are being published so you the voters and our readers can be the judge and jury. We welcome comments especially those of Frank Godon "Your Reform Candidate!" running for President

plus "The Musical Blogger!" (www.derrylsanderson.blogspot.com) who hopes to sing his way right into your hearts and onto the Board of Directors, Winnipeg Regional Office. Perhaps he could favour us with a YouTube campaign song or two! Better yet, why don't you our readers supply the words and Mr. Sanderson can put them to music featuring his band Chances R?

Clare L. Pieuk

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Note: The emphasis is Counselor Trachtenberg's. Once a document is filed with the Court of Queen's Bench File Registry it becomes available to the public unless, of course, it's sealed by order of a judge.

From: "mtrachtenberg@ptlaw.mb.ca <MTrachtenberg@ptlaw.mb.ca>

To: "CLARE PIEUK" <pieuk@shaw.ca>

cc: "Terry Belhumeur" <oakhammock101@yahoo.ca>

Sent: Monday, September 14, 2009 5:11 PM

Subject: Affidavit of September 11th

This is further to our appearance today before Justice Simonsen.

You advised the Court that despite the clear direction from Justice Simonsen that your affidavit not be filed until she ruled on its admissibility, one of the Court clerks has filed it on the court file.

Today Justice Simonsen made it very clear that this affidavit has not been accepted as evidence in the case. As such, this is not a public document. It cannot and should not be published or referred to on the internet or by way of any other public distribution.

As well, the affidavit refers to the content of documents that the interim injunction granted by the Chief Justice specifically prohibits you from posting on the internet.

By copy of this email (by fax) to Justice Simonsen I am requesting that she direct the Queen's Bench Registry to immediately remove your affidavit of September 11th from the Court file pending her further direction and decision as to its admissibility.

I want you to clearly understand my clients' 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.

cc Justice Simonsen (by fax)

LEGAL NOTICE

This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure or dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.

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September 15, 2009

File No: 2003-20

Via Fax

Posner & Trachtenberg

710-491 Portage Avenue

Winnipeg, Manitoba R3B 2E4

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 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 on September 14, 2009 it is my position that the contents of his affidavit are irrelevant and in many paragarphs, scnadalous. 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 by Chief Justice Monnin specifically prohibts 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 the 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,

MURRAY N. TRACHTENBERG

cc. Clare L. Pieuk (via email)

cc. Terry Belhumeur (via email)

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Province of Manitoba

Court of Queen's Bench

The Law Courts

Winnipeg, ManitobaR3C 0P9

The Honourable Madam Justice Karen I. Simonsen

September 15, 2009

Mr. Murray N. Trachtenberg

Posner & Trachtenberg

Barristers & Solicitors

710 - 491 Portage Avenue

Winnipeg MB R3C 2E4

[Sent via fax to 944-8878; hard copy placed in lawyer's box @Queen's Bench]

- and -

Mr. Clare L. Pieuk

2 - 371 Des Meurons Street

Winnipeg MB R2H 2N6

[Sent via email to pieuk@shaw.ca; hard copy sent via ordinary mail]

Re: Manitoba Metis Federation Inc. (MMF) et al. v. Belhumeur et al. - Q.B. File No. CI 05-01-41955

I have now made arrangements to have yesterday's hearing continued on Thursday, September 17, 2009 at 9:00 a.m. (rather than October 6, 2009 at 9:00 a.m.). I understand that my assistant has confirmed Mr. Trachtenberg's availability on September 17, and that she has made inquiries of both Mr. Pieuk and Mr. Belhumeur in this regard but has not yet heard back from them. Therefore, the hearing will proceed on September 17 unless Mr. Pieuk or Mr. Belhumeur contacts me in writing advising that he is not available.

I also advise that I have received a copy of Mr. Trachtenberg's email to Mr. Pieuk dated September 14, 2009, as well as his letter to me dated September 15, 2009 requesting that I direct the Queen's Bench Registry to remove Mr. Pieuk's affidavit sworn September 11, 2009 from the court file. I do not know wheter I can direct Registry to remove an affidavit that has already been filed, but I will retain this entire file, including the affidavit, in my chambers pending further argument with respect to removal (or sealing) which can also be made on September 17, 2009. In the meantime, Mr. Pieuk should understand that the interim injunction granted by Chief Justice Monnin and the publication bans ordered at the pre-trial and case management conferences remain in full force and effect with respect to the contents of his affidavit sworn September 11, 2009. He should also understand that , based on Mr. Trachtenberg's correspondence, it appears that the MMF may take action if he publishes any part of the affidavit.

Yours truly,

Karen I. Simonsen

cc. Mr. T. Belhumeur

2020 Burrows Avenue

Winnipeg MB R2R 0Y8

[Sent via email to oakhammock101@yahoo.ca; hard copy sent via ordinary mail]