JUNE: Fen MacIntosh pursues case against his accusers

PORT HAWKESBURY: Ernest Fenwick MacIntosh’s lawyer contended in Nova Scotia Supreme Court that her client should be able to sue his accusers.
MacIntosh, who attended the proceeding virtually, has been accused of sexually abusing six Strait area boys in the 1970s, wants to issue a counterclaim against his accusers for defamation.
The now 79-year-old MacIntosh was convicted of 17 sex-related charges in 2010 and 2011, involving boys from the Strait area dating back to the 1970s.
He was acquitted on all 17 charges by the Nova Scotia Court of Appeal because MacIntosh’s right to be tried within a reasonable time was infringed; the decision was later defended by the Supreme Court of Canada.
Following his criminal case, due to the public outcry over the outcome, the Nova Scotia Government amended their legislation to remove the statute of limitations for civil cases. Now, a victim of sexual assault in the province doesn’t have to file their lawsuit within a certain time period after the assault took place.
In 2018, the former Strait area businessman was released from a Nepalese prison and returned to Canadian soil after serving half of his seven-year sentence stemming from his arrest in 2014 on charges of luring a 15-year-old boy to his hotel room for sex in exchange for money.
A Canadian warrant was first issued for MacIntosh’s arrest in 1996 but he wasn’t extradited from India until 2007 and didn’t see his day in court until 2010. In September 2019, the Crown Prosecutor’s office decided not to proceed with charges against MacIntosh for failing to register as a sex offender.
Six men, Robert Michael Martin, Dale Robert Sutherland, Weldon MacIntosh-Reynolds, Alvin MacInnis, Barry Alexander Sutherland and Jeffery Allan Hadley then filed a civil lawsuit against MacIntosh in 2019, claiming they endued a lifetime of emotional trauma from the alleged sexual abuse committed by the former businessman, which resulted in him filing an application to amend his notice of defence to include the counterclaim for defamation.
In his original statement of defence, MacIntosh denied the allegations of sexual abuse or assault, advising any sexual interactions that took place were consensual and occurred after his accusers were of the age of majority.
In MacIntosh’s appearance in Nova Scotia Supreme Court in Port Hawkesbury on May 25, his lawyer argued that because his six accusers were allowed to sue based on “alleged incidents” from the 1970s, it would be “unfair” not to allow MacIntosh to pursue a defamation claim.
One of the lawyers for the six men, Daniel Z Naymark advised “there is no unfairness exception” in the statute of limitations for a defamation lawsuit.
Naymark argued all of the supposedly defamatory statements, which MacIntosh himself suggested were claims made to RCMP investigators, the media, politicians including former Conservative MP Peter MacKay, and also included portions of the civil lawsuit’s statement of claim, occurred too long ago to allow for a defamation suit to proceed.
Kelly also disputed several lines from the accusers’ statement of claim as being “frivolous and vexatious,” and only being used to harm his reputation and embarrass him.
Naymark called the claim “blatantly frivolous,” noting one can’t claim defamation for allegations in a statement of claim, which are considered “absolute privilege” and immune to such laws, claiming it is a tactic to harass his clients and obstruct the civil lawsuit against him.
Additionally, Naymark suggested his team at Naymark Law has had extreme difficulty maintaining communications with MacIntosh throughout this process as he’s retained Cox & Palmer to pursue his defamation lawsuit, however he is representing himself on all other aspects of the civil case against him.
Under re-direct from his lawyer, MacIntosh indicated the delays in producing documents were because he is a cancer patient who requires chemotherapy monthly, he contracted COVID-19, and was also affected by the strict lockdowns that occurred in Montreal, where he is currently living.

PORT HOOD: Voters in Inverness Municipal District 2 made their choice.
After the votes were counted on June 4, Blair W. Phillips was declared the winner with 373 votes, and trailing him were: Alfred Aucoin with 235 votes; Seph Peters received 160 votes; 112 votes went to Shaun Bennett; John Carmichael was the choice of 78 voters; and in last place was Rob Romard with four votes.
The municipality reported that voting was held online and over the phone in both official languages. There were 1,783 eligible voters and 964 votes cast for a turnout of 54.1 per cent, which Inverness County said is an increase over the 2016 election, when approximately 46 per cent eligible voters participated.
The special election was called after the passing of Warden and District 2 Councillor Laurie Cranton this past winter. Cranton was acclaimed in the 2020 municipal election.

EVANSTON: The official opposition was not happy with the provincial government’s plans for the Strait-Richmond Hospital.
In a press release issued on June 6, Nova Scotia Health (NSH) confirmed a new, temporary model of care that includes changes to the emergency department and the dedicated use of some inpatient beds at Richmond County health care facility.
As a result, NSH said the emergency department at the Evanston hospital will be open “a few days a week” with coverage provided when a physician is available. When there is no physician, they said the department will be closed.
NSH said a new patient capacity process will also be in place when the emergency department is open. Under the new process, once all beds in the emergency department are filled, the department will close, they said. Once the patients have been treated and beds are available, the department will reopen, and they said it will remain open until it reaches capacity again or it reaches the end of its scheduled hours of operation.
Also under the model, NSH said 10 of the site’s inpatient beds will be used for medically stable patients who are awaiting transfer to home, long-term care, or another hospital as well as palliative care patients.
Liberal Health Critic Patricia Arab told The Reporter that health care transcends politics, and she was hoping the new government succeeds.
Arab said Richmond MLA Trevor Boudreau, Health Minister Michelle Thompson, and Deputy Minister Allan MacMaster should also have to answer for this decision.
NSH noted that the model was developed after consultation with clinical leaders, and staff throughout the facility. They said it will be reviewed regularly and modified, if needed, until staffing levels improve.

MULGRAVE: The Strait of Canso Superport Corporation filed a law suit against the Town of Mulgrave over a sewer bill they claim is discriminatory, made in bad faith, made for an improper purpose, and is illegal.
The claim, which was filed in Halifax Supreme Court on Nov. 2, 2021, and only mentioned during the June 6 regular council meeting when associates of Grant Thornton advised council while they were presenting council’s 2022-23 consolidated financial statements, with money set aside for their legal proceedings.
The Superport owns and operates the Mulgrave Marine Terminal in the Port of Canso, a deep-water port for large shipping vessels. The terminal facility is approximately 15.6 aces and consists of lands, buildings, and a public wharf.
According to the court documents provided by the Nova Scotia Judiciary, the Superport claims they have been being taxed on a tax-exempt portion of their assessment, which comprises approximately 2.1 acres along the public wharf.
They go on to suggest in 2006, the town enacted the Sewer Charges Bylaw to defray the costs of the municipal sewer system to residents and businesses. In 2016, the town notified them of their intention to levy the sewer charges against the wharf portion of the lands.
The Superport registered its objection to the purported charge against the wharf portion immediately upon being notified.
Subsequently by a letter dated Feb. 1, 2021, the town notified the Superport that 2019 and 2020 property tax arrears exceeded $150,000 and threatened tax sale proceedings failing payment of the amount within 14 days. Again they wrote to the town reiterating its objection to remittance of the sewer levy in respect to the wharf portion of the lands.
The Superport suggests the amount of the town’s impugned levy, consisting of approximately $21,000 in additional municipal property taxes per year, is arbitrary and bears no relation to the cost of operating the sewer service, which constitutes an illegal and invalid charge.
Along with a declaration that the wharf portion of the lands is not subject to application of the sewer charge, the Superport is seeking damages and costs.
In their Notice of Defence and Counterclaim, the town denied the majority of the Statement of Claim and noted that the charge is not a tax but a charge that is expressly authorized under section 81 of the Municipal Government Act.
The town requested this action be dismissed with costs as they are charging the Superport for sewer charges pursuant to their Sewer Charges Bylaw.

PORT HAWKESBURY: Cassidy Bernard was beaten to death by the father of her twin infant daughters, before being tucked into bed and having make-up applied to her face to try to cover up her injuries.
Dwight Austin Isidore, who was originally charged with second-degree murder in December, 2019, in the death of 22-year-old Bernard, pleaded guilty to a lesser charge of manslaughter in Port Hawkesbury Supreme Court on June 13. Isadore, who was present in court, also pleaded guilty to two counts of child abandonment.
Bernard’s body was found inside her We’koqma’q First Nation home on Oct. 24, 2018 by her mother Mona. Her seven-month-old twin daughters, Mya and Paisley were found in their cribs inside the same room “cold, dehydrated, malnourished, disoriented, and confused.”
According to an agreed statement of facts, in the early morning hours of Oct. 21, 2018, not long after 9 a.m., Bernard died as a result of injuries she received from being physically assaulted by her on-again, off-again boyfriend.
Isidore, of Wagmatcook First Nation, was 19-years-old when he took Bernard’s life.
On the morning of Oct. 24, 2018, Bernard’s mother Mona along with a social worker travelled to the family residence together. Once inside the home, both Mona and the social worker were even more concerned.
While the children were found with “blue lips” along with their diapers being “heavily soiled,” they were ultimately unharmed.
Two RCMP constables arrived at the residence shortly after the 911 call, and on the bedroom floor, they found an RBC card with Isadore’s name on it, they located Bernard’s cell phone and in the bedroom, there was evidence of possible drug use.
On Oct. 25, 2018, Medical Examiner and Forensic Pathologist Dr. Marine Wood with the Nova Scotia Medical Examiner Service, conducted a post-mortem examination on Bernard. The cause and manner of death was determined to be blunt force injuries to the head and neck, and her death was formally classified as a homicide.
A neuropathology exam of Bernard’s brain revealed a subdural hemorrhage, subarachnoid hemorrhage, and a cortical edema; swelling of the brain.
The report noted Bernard did not have any broken bones, nor was there evidence found indicating significant bleeding.
Isadore provided the RCMP with a cautioned statement on Oct. 24, 2018, where he indicated he last saw Bernard on Oct. 18, 2018 and next heard from her via text message in the early morning hours of Oct. 21, 2018.
Isidore suggested to police he first learned about Bernard’s death when he attended family court proceedings on Oct. 24, 2018, and had no relationship with the children explaining that he had not been allowed around them since they were born.
The RCMP continued their investigation into Bernard’s death, including witness statements, and obtaining and analyzing forensic reports, bank records, and cell phone records.
On May 27, 2019, the RCMP commenced an undercover investigative technique, commonly known as a “Mr. Big” operation.
The objective was to have Isidore, who the RCMP determined was the primary suspect, to provide any information he had concerning Bernard’s death to undercover RCMP officers. To realize this goal, the undercover officers engaged Isidore in communications and provided him with opportunities to be part of their non-existant criminal organization.
Crown lawyers advised the RCMP’s investigative tactic was a crucial tool in getting justice for the Bernard family.
The operation lasted six months. During that time, Isidore was introduced to several undercover officers who played various roles within the mock organization. They posed as friends, associates, family members, and customers.
On Nov. 30, 2019, Isidore was provided an opportunity to meet the “crime boss” who was also an undercover officer.
The final social media message between them was from Bernard to Isidore at approximately 4:08 a.m. on Oct. 21, 2018, when she expressed her feelings that they would not be together anymore and that she had to move on, although she didn’t necessarily want to do so.
As well, by the meeting date, RCMP also suspected from evidence gathered from cell phone records of Bernard and phone messages from others, that Isidore attended Bernard’s home for a period of time in the morning hours of Oct. 21, 2018.
During his secretly recorded conversation with the “crime boss,” Isidore advised him he was a suspect in a homicide investigation and he went to Bernard’s house unannounced in the early morning hours on Oct. 21, 2018, where an agreement proceeded over Bernard’s supposed relationship with another man, and about drug related matters.
In an attempt to wake her up, Isidore said he tried to get Bernard to do a line of drugs but she was unable to consume them. He then proceeded to take Bernard outside to see if the cold weather might wake her up but that didn’t work either.
It was at this point Isidore indicated he knew she had died and he proceeded to carry her to her bedroom, he laid her on the bed, put a blanket over her, tucked it in around her, and told her he loved her.
Before he left the house, Isidore stated to the “crime boss” that he put make-up around Bernard’s eyes, cheeks, and face with a make-up brush.
Three days after his meeting with the “crime boss,” Isidore was formally arrested in the death of Bernard on Dec. 3, 2019. He was brought to the Port Hawkesbury RCMP detachment, where in a video recorded interview admitted to the RCMP he went to Bernard’s residence where they got in an argument, he struck her several times and indicated she died in his arms.