Press Release: DEFENCE LAWYER QUESTIONS EXCLUSION OF RON CHARTRAND AS PLAINTIFF IN MMF SUIT

Did client defame everyone on MMF Board except Winnipeg Region Vice President?: Niederhoffer


PRESS RELEASE

For Immediate Release
January 2, 2006


WINNIPEG - A lawyer for one of the defendants in a defamation suit brought by the Board of the Manitoba Metis Federation (MMF) is questioning why Ron Chartrand, the Vice President of the MMF for the Winnipeg Region, was not included as a plaintiff in the suit.

Terry Belhumeur and Clare Pieuk, respectively the domain-name owner and webmaster of CyberSmokeSignals (http://www.cybersmokesignals.com/), are being sued by the MMF for having posted on the website in January 2004 a petition containing allegedly defamatory comments about President David Chartrand and the MMF Board of Directors.

Jeff Niederhoffer, the lawyer for Pieuk, says the exclusion of Vice President Ron Chartrand makes no sense from a legal standpoint.

"Because Ron Chartrand is the only Director not listed as an individual plaintiff in the MMF's action, what they are essentially arguing is that Mr. Pieuk defamed everyone on the MMF Board except the Vice President for the Winnipeg Region," says Niederhoffer. "This is an untenable argument, to say the least, and in terms of basic civil procedure, there is no good reason for Vice President Chartrand not to be a plaintiff in this lawsuit."

Although the reasons for Vice President Chartrand's absence from the action continue to be enshrouded in mystery, Niederhoffer says that his client has received word from sources close to the Vice President that Chartrand has made a deliberate choice over the past year not to be associated with the MMF suit.


ANY QUESTIONS, PLEASE CONTACT:

Jeffrey J. Niederhoffer
Barrister and Solicitor
PO Box 48081 RPO Lakewood
Winnipeg, MB R2J 4A3
Ph. 204-471-8682
Email: jjn@niederlaw.com
Website: http://www.jeffniederhoffer.com

Press Release: DEFENCE LAWYER CALLS ON MMF TO NAME CHARTRAND IN LAWSUIT

Emails prove Chartrand authored petition: Niederhoffer


PRESS RELEASE

For Immediate Release
December 14, 2005


WINNIPEG - A lawyer for one of the defendants in a defamation suit brought by the Manitoba Metis Federation (MMF) is calling on the MMF to include Winnipeg lawyer Lionel Chartrand as a defendant to the suit.

Terry Belhumeur and Clare Pieuk, respectively the domain-name owner and webmaster of CyberSmokeSignals, are being sued by the MMF for having posted on the website in January 2004 a petition containing allegedly defamatory comments about President David Chartrand and the MMF Board.

Jeff Niederhoffer, the lawyer for Mr. Pieuk, says his client has emails which show that the petition was actually authored by Chartrand, a Metis lawyer with Legal Aid who at the time agreed to advise both Belhumeur and Pieuk on due-diligence issues involving the website.

“Chartrand wrote the petition, and the idea for it originated with him,” says Niederhoffer. “It was Mr. Chartrand who originally suggested the idea for a petition, and on January 21, 2004, he emailed a completed draft of the petition to my client and recommended he post it on CyberSmokeSignals.”

A few days later, Niederhoffer claims, Pieuk posted the petition on CyberSmokeSignals exactly as written by Chartrand.

Niederhoffer says he believes that, in the interests of fairness, the MMF should add Lionel Chartrand as a defendant to the action. However, the lawyer also indicates he is prepared to act on his own if necessary.

“If the MMF doesn’t take action within a reasonable time to include Chartrand as a party, we will likely bring a third-party claim of our own against Chartrand, or find some other way to bring him into this action,” Niederhoffer confirms. “At the very, very least, we are going to call Chartrand to testify in court as to his role in all this.”

Chartrand is currently retained by the MMF as a consultant.


ANY QUESTIONS, PLEASE CONTACT:

Jeffrey J. Niederhoffer
Barrister and Solicitor
PO Box 48081 RPO Lakewood
Winnipeg, MB R2J 4A3
Ph. 204-471-8682
Email: jjn@niederlaw.com
Website: http://www.jeffniederhoffer.com

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Press Release: MANITOBA METIS FEDERATION SUES WEBSITE!

PRESS RELEASE

For Immediate Release
November 30, 2005


WINNIPEG - The Manitoba Metis Federation (MMF) has brought suit against Clare Pieuk, the webmaster of CyberSmokeSignals, for allegations made in an online petition posted on the website in January 2004.

In its Statement of Claim, the Manitoba Metis Federation contends that the following allegations in the petition are defamatory:

"And whereas the Manitoba Metis Federation has been needlessly spending vast amounts of money for inappropriate travel and accommodation for David Chartrand, as well as, some Board Members;

"And whereas David Chartrand has already spent tens of thousands of dollars on pre-election campaigning [. . . .];

"And whereas very large sums of money intended for appropriate purposes such as consulting with members on hunting and harvesting issues has already been spent by David Chartrand on campaigning;

"And whereas Metis people believe that MMF elections should be conducted fairly with all candidates having an equal opportunity;

"And whereas the Federation's Board has been illegally authorizing campaign spending for David Chartrand and unlawfully spending your public monies to pay his election court challenge fees;

"And whereas unnecessary Board travel has been authorized for public relations purposes to one candidate only, namely David Chartrand;

"And whereas Metis have no confidence that any extra funding provided to the Federation will be spent in a legal or appropriate manner but rather believe all principles of fair play will be set aside by the Board of Directors approving campaign and public relations expenses for David Chartrand only;

"And whereas the Metis believe that any extra money provided to the MMF will be used in attempts to hinder and suppress the rights of the other candidates for the presidential election rather than providing them with an equal opportunity."

Jeff Niederhoffer, the lawyer for Mr. Pieuk, has already indicated to reporters that his client plans to fight. "We intend to vigorously defend the truth of each and every one of the allegations in the petition. My client is in possession of evidence to back up what's written in the petition, and we look forward to using it at trial," Niederhoffer has said. "We are going to show what we have to a jury and let them make up their own mind as to who is telling the truth."

The MMF has alleged that the documents and evidence in Mr. Pieuk's possession have in fact been stolen from its offices.

In an unprecedented pre-trial motion, the MMF has not only demanded that Mr. Pieuk turn over all material in his possession, but that he disclose how he came into possession of it.

Niederhoffer confirms he plans to fight the MMF's motion when it comes up before the court. But Niederhoffer also indicates that the question of control of the documents may soon be academic. "Months ago, as a safeguard, we provided copies of everything we have to the Auditor General's office, and we also took other steps to ensure that the contents of the documents will be public knowledge by the time this comes to trial."


ANY QUESTIONS, PLEASE CONTACT:

Jeffrey J. Niederhoffer
Barrister and Solicitor
PO Box 48081 RPO Lakewood
Winnipeg, Manitoba R2J 4A3
Ph: 204-471-8682
Email: jjn@niederlaw.com
Website: http://www.jeffniederhoffer.com

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