THE MANITOBA COURT OF APPEAL

IN THE MATTER OF:  The Court of Queen’s Bench Small Claim Practices Act
AND IN THE MATTER OF: An intended appeal from the Certificate of Decision
                                                   on appeal of Madam Justice Keyser dated on
                                                   March 24, 2004.

Cornelius D Hiebert,
                                                                                                      (Plaintiff)
                                                                                                      (Appellant)
                                                                                                       Applicant,
-AND-

The U. S. Government,
                                                                     (Defendant)
                                                                        (Respondent)
                                                                         Respondent.
                                                                  


NOTICE OF MOTION

Cornelius Hiebert
14 - 49 Hargrave Street
Winnipeg, Manitoba
R3C 1N3
Tel. (204) 942 - 1698






Neil Hiebert   Consultant                                                                  
14 – 49 Hargrave Street
Winnipeg, Manitoba
R3C 1N3
14 – 49 Hargrave Street
Winnipeg, Manitoba
R3C 1N3



THE MANITOBA COURT OF APPEAL

IN THE MATTER OF:  The Court of Queen’s Bench Small Claim Practices Act
AND IN THE MATTER OF: An intended appeal from the Certificate of Decision
                                                   on appeal of Madam Justice Keyser dated on
                                                   March 24, 2004.

Cornelius D Hiebert,
                                                                                                      (Plaintiff)
                                                                                                      (Appellant)
                                                                                                       Applicant,
-AND-

The U. S. Government,
                                                                     (Defendant)
                                                                        (Respondent)
                                                                         Respondent.
                                                                  


NOTICE OF MOTION

Cornelius Hiebert
14 - 49 Hargrave Street
Winnipeg, Manitoba
R3C 1N3
Tel. (204) 942 - 1698


IN THE COURT OF APPEAL


BETWEEN:

Cornelius D Hiebert,
                                                                                                      (Plaintiff)
                                                                                                      (Appellant)
                                                                                                       Applicant,
                                                
-AND-

The U.S. Government,
                                                                                                      (Defendant)
                                                                                                      (Respondent)
                                                                                                       Respondent.


TAKE NOTICE that a motion will be made on behalf of the Applicant, Cornelius Hiebert, before the Honourable Chambers Judge at the Law Courts Complex, Old Law Courts Building, Courtroom 130, Broadway and Kennedy Street, Winnipeg, Manitoba on THURSDAY, the 27th day of MAY, 2004 at the hour of 10:00 o’clock in the forenoon or so soon thereafter as the matter can be heard for an order that the Applicant, Cornelius Hiebert, be granted leave to appeal to this court from the Certificate of Decision of Madam Justice Keyser dated on the
24th day of March, 2004.



Neil Hiebert   Consultant                                                                   (204) 942 – 1698
14 – 49 Hargrave Street
Winnipeg, Manitoba
R3C 1N3

August 30, 2005
The Office of the Prime Minister

Dear Mr. Prime Minister:
In listening to your statements last week on the cost of gasoline and your answers to the questions reporters raised with you I felt the need to reply with a few thoughts to your words and the subsequent pamphlet that arrived in the mail on Friday regarding the same topic has urged me to write you with a realization what is really being done and the hope that this letter will find lodging in the same sincerity and suffering which has brought it together.
We have had some difficult days. I am encouraged that effort is being spent, even if at times it is contrary to the principles and the laws that govern us.
You are aware of the summer flooding we have endured. I have learned that only 25 million dollars have been made available as compensation. This fact has greatly surprised me. The effects have been widespread through regions and over period of time. All of us have sacrificed and seen the damages.
I have found it equally problematic to realize that the Federal Government is not taking responsibility to distribute the funds to victims. Have we not learned that doubling is costly? I understand we are tripling administrative costs in Winnipeg. Is it any wonder people are still waiting for their money from the flood of 1997? This is also a fact. May I ask you to realize that it is our money in the first place? The money needs to go to the people, the families, and the communities.
A frightening and directly related issue is that we have experienced again with the threat of the West Nile virus. The civil authorities here have handled this dilemma irresponsibly. There are much better solutions available at their fingertips and they all refuse to hear the people. Everyone is turning to what the so-called experts are saying.
The environment is really a present matter and will not allow it to be shuffled and relegated according to whim and wishes of the corporate dictates. I commend you for what you have attempted. Take the initiative to make it practice with laws. I am aware of the hardships involved. That is why I need to ask you to distance yourself from foreign Corporations. Let those with inflated egos and profit margins sweat under the threat that record-setting earnings are at an end. Turn to the people.
We are seeing Manitoba Hydro right now doing the same things others have gotten away with. They are over-billing their customers to finance their projects. This has happened all summer.
Along with exaggerations here in the city there is the threat to life in the North. They promised (because of heavy rains) there would not be need to raise service fees. Understand that they are ‘over-billing’ so they have cash for capital investments.
Lake Winnipeg has died while the environmental experts have played the tune to tingle the ears in the business community. All we are told is not to swim because of unsafe levels of waste. We may hear a tragedy of a native fisherman on the lake. Nobody is saying that the damage has been done and it is time to clean up. They are all lying to keep the economic goals a little longer.
There is a lack of concern among all our leaders. They are out for themselves. It is time accountability is returned to politics and government. It is time that business is held responsible for what they do. It is time for laws to reflect the needs of people and thus set justice on a platform. Close the private boardrooms and deal openly with what must be done. When you are ready to obey you will be told exactly what to do. We will be able to save the people alive in the midst of numerous threats. Be certain this is no longer optional.
Outside influences can appear uncertain. You will never be asked to do things you do not want. You will in fact like what problems will be solved. You may also learn that prosperity has not been compromised.
North Dakota is still trying to unload their dirty water into our water system. They offer these similar false promises of how waste will be monitored by joint commissions. This must not be believed any more than the Free Trade arrangements with the follow up negotiated deals like NAFTA.
I thank you sir, for standing up to Mr. President. Do not be afraid of their wealth or its power. Never fret over the military might. They are doing the same things to sell out the people to the Corporations as Canada has. They want to call it globalization of the economy.
Yet be assured today we are not unmindful what the softwood situation, the beef industry and upcoming increasingly tense issues in all agricultural production.
I am deeply disturbed over the Supreme Court decision last summer to rule in favour of a giant against a local farmer. I hesitate to even conjecture how the Justices will justify such a choice in all good conscience. One of our most cherished institutions has adjusted to the political position.
These policies will destroy. This judgment has already seen repercussions. Is The Court neglecting reflection on their actions? I don’t believe that anyone can be as crass not to have hindsight.
I also took a small matter to the lower Court. The initial decisions were not satisfactory and yet at the appeal I won a unanimous victory over a Company. The government must examine what they have done by allowing free reign business.
There are real fundamental discrepancies in the way the Canadian Legal System functions. It is hard to get any Judge to listen to grievances. I began last year in February and the initial decision was to dismiss my claim. I am relieved the Justice who denied my appeal did recommend not giving up a fight. There is something inherently wrong in the process.
But I have learned from painful rejection that my genes have a never quit mechanism. Nothing is impossible. If outnumbered, right still prevails. This has created some nervousness among those who have sidelined themselves on these very immediate matters. A number of accounts have occurred that I will not recount for you here but they are the epitome of a great wrong uncovered by the oppressed.
What is it you see in your travels across the country? Do you notice the struggling people in the midst of wealth and abundance?
I refuse to accept that anyone is not involved with others’ misfortunes. These have been brought home and they now affect everyone. I believe in the human qualities that they can be reached and honed to serve the common good. Unfortunately, it has been a simultaneous development for government to echo what the ruling classes demand in exchange for less service.
The misguided popular mind will have the opportunity to see the accomplishments that benefit fairly and are based on sound objectives.
We all comprehend the distress as its felt. And even if only few have the strength to stand courageously in fierce opposition, then we may know a renewal is close at hand.
Allow me revert to the point with which I began. The discussion of fuel is unpleasant at best. You handled the Reporters well, but you were dishonest with your replies.
Also, the pamphlet was hastily put together. This would be an attempt to muzzle us and mirror the interests of the industry. I’m afraid both will fail.
The numbers do not tally and are riddled with assumptions. I am sorry that the mathematics is inaccurate. These are all elementary problems with elevated solutions. There is simply nothing too difficult. Do not become discouraged nor ever despair when you pay heed to the people approaching you.
Finally, I will ask you to choose people in your office who are trustworthy and equally deserving. Send them here to act as liaisons to ensure transparency and reflect upon your office as a beacon for others.
Injustices have to be uprooted. The people will be saved. This is the goal and it is our mission.



Sincerely yours,

N. Hiebert

CC. Mr. Gary Doer, Premier of Manitoba





























Court of Queen's Bench